19TS8026R0001_ Gardening Solicitation.doc

19TS8026R0001 – Tunis Gardening RFP 19TS8026R0001 – Tunis Gardening RFP

TABLE OF CONTENTS

SECTION 1 – THE SECHEDULE

· SF 1449 cover sheet

· Continuation To SF-1449, RFP Number 19TS8026R0001, Prices, Block 23

· Continuation To SF-1449, RFP Number 19TS8026R0001, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Exhibit 1 Government Furnished Property

SECTION 2 – CONTRACT CLAUSES

· Contract Clauses

· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

SECTION 3 – SOLICITATION PROVISIONS

· Solicitation Provisions

· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 4 – EVALUATION FACTORS

· Evaluation Factors

· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

· Offeror Representations and Certifications

· Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFP NUMBER 19TS8026R0001

PRICES, BLOCK 23

1.

Scope of Work

The Contractor shall perform gardening services, including furnishing all labor, material, equipment and services, for the U.S Embassy in Tunis. The price listed below shall include all labor, materials, insurance (see FAR 52.228-3 and 52.228-5), overhead, and profit. The Government will pay the Contractor the fixed price per month for standard routine services that have been satisfactorily performed.

The performance period of this contract is from the effective date of the award and will continue for 12 months as the base year and four one-year optional periods of performance at the discretion of the Contracting Officer to renew. The initial period of performance includes any transition period authorized under the contract.

2.0

PRICING

2.1 Offers and Payment in U.S. Dollars.

U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to pay in U.S. dollars should commit their offer in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporate under the laws of a state within the United States. Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.

2.2

VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

2.3 CLIN 0001 BASE YEAR PRICES (Base Term: Twelve (12) Months)

SubCLIN A. Standard Routine Services. NAICS Code 561730: Firm fixed price for the Base Year of the contract is:

CLIN 0001 TOTAL PRICE FOR BASE YEAR

2.4.

CLIN 1001 OPTION YEAR ONE PRICES (Option Term: Twelve (12) Months)

SubCLIN A. Standard Routine Services. NAICS Code 561730: The firm fixed price for Option Year 2 of the contract is:

CLIN 1001 TOTAL PRICE FOR OPTION YEAR ONE

2.5

CLIN 2001 OPTION YEAR TWO PRICES (Option Term: Twelve (12) Months)

SubCLIN A. Standard Routine Services. NAICS Code 561730: The firm fixed price for Option Year 2 of the contract is:

CLIN 2001 TOTAL PRICE FOR OPTION YEAR TWO

2.6

CLIN 3001 OPTION YEAR THREE PRICES (Option Term: Twelve (12) Months)

SubCLIN A. Standard Routine Services. NAICS Code 561730: The firm fixed price for Option Year 2 of the contract is:

CLIN 3001 TOTAL PRICE FOR OPTION YEAR

THREE

2.7

CLIN 4001 OPTION YEAR FOUR PRICES (Option Term: Twelve (12) Months)

SubCLIN A. Standard Routine Services. NAICS Code 561730: The firm fixed price for Option Year 2 of the contract is:

CLIN 4001 TOTAL PRICE FOR OPTION YEAR

FOUR

OFFERORS: Offerors are encouraged to complete the following pricing table for price evaluation purposes and FAR Clause 52.217-8 Option to Extend Services for 6 months.

The cost/price information provided will be used to evaluate the total price for all options (52.217-5) and the total price for the basic requirement ONLY. The price offered in the table below will not be included in the total contract award amount; however, if you choose not to provide any cost/price information for each line item below, your

Price Proposal will be considered incomplete, labeled as failure to follow instructions, and no further consideration will be given.

2.8 CLIN 5001 52.217-8 PRICES (Option Term: Six (6) Months)

SubCLIN A. Standard Routine Services. NAICS Code 561730: The firm fixed price for Option Year 2 of the contract is:

CLIN 5001 52.217-8 OPTION TO EXTEND SERVICES

TOTAL PRICE FOR 6 MONTHS

2.9

GRAND TOTAL OF BASE AND ALL OPTIONS

Base Year (CLIN 0001)

First Option Year (CLIN 1001)

Second Option Year (CLIN 2001)

Third Option Year (CLIN 3001)

Fourth Option Year (CLIN 4001)

FAR52.217-8 OPTION TO EXTEND SERVICES 6-MONTHS

(CLIN 5001)

*[Offeror/Bidder: Insert price]

**[Offeror/Bidder: Insert total price]

CONTINUATION TO SF-1449

RFP NUMBER 19TS8026R0001

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1.

PERFORMANCE WORK STATEMENT

The purpose of this contract is to obtain gardening and landscaping services for real property owned or managed by the U.S. Government at American Embassy, Tunis. The Contractor shall perform gardening and landscaping services in all designated spaces.

1.2.

GENERAL REQUIREMENTS

Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Post and properties are an important part of the representational responsibilities of the U.S. mission. The Government will measure the Contractor’s work by the appearance of the landscape covered by this contract. The Contractor shall perform complete gardening and landscape maintenance services in accordance with the Schedule of Supplies/Services in all Government properties listed in 1.25.

The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the COR's schedules and instructions, and all applicable laws and regulations. The Contractor shall meet all of the standards of performance identified in the contract. The Contractor shall perform all related support functions such as supply, subcontracting, quality control, financial oversight, and maintenance of complete records and files.

1.3.

MANAGEMENT AND SUPERVISION

1.3.1.

SUPERVISION

The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact for the contracting Officer’s Representative. The supervisor shall have a minimum of 5 years’ experience in landscaping/horticulture profession and shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff on technical matters, relating to the performance of the contract. The supervisor shall have supervision of contractor personnel as his or her only function.

1.3.2.

SCHEDULES

The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver standard routine services between the hours of 07:30 AM and 04:30 PM Monday through Friday with a 1-hour lunch break. For those items other than routine daily services, the Contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

1.3.3.

QUALITY CONTROL

The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor is responsible for ensuring that the quality of both the work performed and the materials used meet or exceed the quality needed for successful contract performance. The Contractor is responsible for submitting a Contractor Quality Control Management Plan that aligns with the tasks outlined in the performance work statement requirements and the COR’s Quality Assurance and Surveillance Plan (QASP).

The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract. The Contractor shall provide a weekly status report for inspection of all properties with the COR or Alternate COR. The findings of these inspections shall be documented, and the report should be filed by the COR. The COR/Alternate COR and the Contractor shall conduct a meeting at least once per week or sooner if a situation or an issue requires a meeting to discuss performance and deficiencies if found. The Contractor shall document meeting minutes and provide a copy to the COR/Alternate COR and Contracting Officer.

1.3.4

TECHNICAL GUIDANCE

The Contractor shall have the services of a trained and certified horticulturist with a minimum of experience of five years in the climate, soil conditions, local flora, greenhouse management as well as established pest management identification and treatment programs. The purpose of the presence of this expert is to provide the Contractor and the Contractor’s workforce with an extra level of technical guidance, to develop and guide the Contractor’s program for lawn and tree care, and to ensure professional landscaping results throughout the contract period. The Horticulturist shall be present at the Embassy Compound for daily meetings with the COR.

1.3.5.

GROUNDS MAINTENANCE PLAN

The Contractor shall submit an annual Grounds Maintenance Plan for each of the three compounds under contract that reflects the proposed frequency for meeting the requirements of this contract. The Grounds Maintenance Plan is a written document in English that explains how the contractor intends on fulfilling the contract requirements. This comprehensive annual planning document should include but is not limited to manpower/labor requirements, developing various planning schedules that identify for example, when principal seasonal activities will take place such as planting, feeding or pruning activities. In addition, the plan shall include input regarding safety and safety training, oversight of the pest management program and other activities that supports the Grounds Maintenance Plans. The Grounds Maintenance Plan will be developed to fit the requirements of local conditions, types of vegetation, and climate factors. The Contractor shall submit the Grounds Maintenance Plan to the COR for approval within 30 days after contract award. For the purposes of this plan, the Government requires the following minimum manning on each compound:

Embassy Compound: a minimum of 7 gardeners on site during normal working hours, plus their supervisor.

CMR: a minimum of 2 gardeners on site during normal working hours.

DCR: a minimum of 1 gardener on site during normal working hours.

1.4

LAWN CARE

1.4.1.

GRASS CUTTING

The Contractor shall maintain the height of grass between 4 and 6 centimeters in all grassy areas. The Contractor is responsible to provide and maintain all equipment and fuels needed to complete this task.

1.4.2

EDGING

The Contractor shall edge all sidewalks, driveways, and curbs of all grassy areas each time the adjacent grass is cut.

1.4.3.

TRIMMING and HIGH TRIMMING The Contractor shall trim grass around trees, shrubs, cultivated areas, sprinkler heads, valves, fences, buildings, poles, and structures, so that grass height does not exceed the height of the adjacent grass. The contractor shall proceed with the high trimming of big trees and palm trees to height and width, as recommended by the horticulturalist or the COR.

1.4.4.

WEEDING

The Contractor shall inspect all areas under contract on a daily basis for new weed growth to ensure early detection and applications of counter measures before greater problems arise The Contractor shall weed the grounds and gardens on a continuous basis to prevent the growth of weeds into lawn and landscapes. Regarding recurring weed issues, gardens and landscapes must be weeded on a continuous and aggressive basis to prevent the further growth of existing weeds in lawn, landscapes, water retention areas, concrete joints and the razor wire/concertina security features. The Contractor may use weed-killing chemicals to prevent the growth of weeds to eliminate grass and weeds in the cracks and joints within or along sidewalks and curbs. The Contractor shall obtain approval of the COR for all applications of weed killers to ensure products are safe and approved for use.

1.4.5.

TURF REPAIR AND RE-ESTABLISHMENT

The Contractor shall, whenever necessary, repair areas damaged by vehicular traffic, oil and gas, building repairs, and normal foot traffic. The damaged area shall be filled in and leveled and then seeded or sodded, and maintained to conform to adjacent areas.

1.4.6.

The method, frequencies, and dates of grass cutting, hedging, trimming, weeding, and turf repair shall be part of the contractor's Grounds Maintenance Plan.

1.5.

PRUNING

1.5.1 The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers.

1.5.2.

The Contractor shall prepare a written schedule, as part of the Grounds Maintenance Plan, showing the method, frequencies, and dates of pruning.

1.5.3.

The Contractor shall prune all shrubs, vines, bushes, ground cover, and trees to:

direct and encourage plant growth in directions desired, remove dead and unsightly growth, and maintain a neat and attractive appearance.

The Contractor shall prune according to the schedule in the Grounds Maintenance Plan to ensure that all heavy pruning is accomplished during the proper season according to best horticultural practice. The Contractor shall prune all hedges and shaped shrubs to maintain proper shape at all times.

1.5.4.

At no additional cost to the Government, the Contractor shall replace any tree, bush or shrub that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the Contractor. The Contractor shall provide any updates on time to the COR.

1.6.

LEAF REMOVAL

The Contractor shall remove leaves and pine needles from the properties listed in Exhibit A daily and all year round.

1.7.

RECYCLED MATERIALS

The Contractor shall promote recycled uses for lawn and tree debris in meeting other gardening needs, such as mulch and compost.

1.8.

REMOVAL OF DEBRIS

The Contractor shall remove foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash from the maintained areas including walkways, stairways and curbs within or adjacent to the area. The Contractor shall remove all debris and equipment from the work site before the end of each workday. Debris removal shall prevent unsightly accumulation. The Contractor shall promptly remove collected debris to an authorized disposal site. The Contractor is responsible for all expenses incurred in the collection and disposal of debris.

1.9.

WATERING

1.9.1.

The Contractor shall water lawns, flowers, shrubs, and trees to provide for moisture penetration to a depth of 7 centimeters. If natural precipitation is sufficient to fulfill this requirement, the Contractor may request the COR's permission to suspend watering to avoid too much water in the soil.

1.9.2.

The Contractor shall present the method, frequencies, and dates of watering in a written schedule in the Grounds Maintenance Plan, so that the automatic irrigation system in place may be programmed. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements.

1.9.3.

The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment in the areas that are not covered by the automatic irrigation system. The Contractor shall provide watering as a supplemental irrigation system, when these items are not corresponding to satisfy requirements noticed by the COR, the contractor shall replace them 1.9.4.

The Government shall furnish the supply of water and maintain the automatic irrigation system in place.

1.10.

FERTILIZER

1.10.1.

The Contractor shall fertilize and lime the soil to promote proper health, growth, color, and appearance of cultivated vegetation, following proper horticultural practice for the types of vegetation, soil, weather conditions, and seasons of the year.

1.10.2.

The Contractor shall present the method of application, fertilizer type, frequencies, and dates of fertilizing and liming in the Grounds Maintenance Plan.

1.10.3.

The Contractor shall fertilize the lawn areas a minimum of two times per year.

1.10.4.

The Contractor shall apply weed killer once a year. If weed killer is not required, the Contractor shall request a waiver in writing from the COR.

1.10.5.

The Contractor shall fertilize trees, shrubs, bushes, hedges and plants a minimum of once a year.

1.11

PEST AND DISEASE CONTROL

The Contractor shall maintain a Pest Management Program for controlling pests and plant disease so as to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The Contractor shall obtain approval of the COR for all pesticides.

herbicides, insecticide applications to ensure the necessity and overall safety of the treatment and environmental impact.

The Contractor shall present a plan for pest and disease control as a part of its Grounds Maintenance Plan.

1.12.

HAZARDOUS AND TOXIC SUBSTANCES

It is the Contractor's responsibility to ensure the safe handling, application, removal and environmentally sound disposal of all hazardous or potentially hazardous fertilizers, weed killers, and pest control products utilized in this requirement.

1.13. Water Retention Areas: The Contractor shall, on a weekly basis, inspect and maintain proper appearance, remove debris, weeds and perform general clean-up of the six water retention areas on the Embassy Compound to promote good drainage.

1.14. Embassy Perimeter Wall: The Contractor shall, on a weekly basis, perform the trimming of weeds and debris removal. As needed, the Contractor shall apply herbicide around, inside and outside of the perimeter wall.

1.15. Open Area at the Recreation Center: The Contractor shall, on a weekly basis at a minimum, inspect the Recreation Center Green Space to ensure that the vegetation is cut to ground level, preventing the presence of rodents and other vermin.

1.16. Ditches (CAC 3): The Contractor shall inspect the ditches and remove weeds and other vegetation on a weekly basis. The collection of trash shall be conducted concurrently.

1.17. Lawn Strips: The Contractor shall, on a weekly basis, inspect and conduct garden maintenance on the lawn strips outside the Embassy perimeter wall on both sides of the visitor's entrance (CAC1). The collection of trash such as papers, plastic bags and plastic bottles shall be a daily requirement.

1.18. Mulch: The Contractor shall have appropriate crushing/shredding equipment to recycle tree debris and provide mulch for gardening needs.

1.19. Damage: The Contractor is responsible of any damage caused by the gardeners on the automatic irrigation system, like head sprinklers, pipes, manual and solenoid.

1.20. CMR Swimming Pool: The Contractor shall perform a daily cleaning of the surface of the swimming pool at the Ambassador's Residence using a leaf rake or leaf skimmer, clean the water return through the perimeter borders of the pool with a nylon scrub brush, remove the lawn debris from the pool apron and patio e.g. leaves, plant, debris, grass clippings etc. The Contractor shall also perform a daily inspection of the water pump room for unusual sounds, water leaks etc. Any problems shall be reported immediately to the COR.

1.21. CMR Perimeter: The Contractor shall maintain the CMR perimeter clear of bushes, wood and shall perform a general clean-up around the CMR perimeter area. This task shall be performed on a continuous basis throughout the year. Once annually, the Contractor shall plan a major project to clear all dead plants and debris from this area.

1.22. Safety Training: Safety trainings must be conducted and documented by the Contractor once per week. Suggested subjects: Personal Protection Equipment, Ladder Safety, Lifting Techniques, Power Tool/Equipment Safety. All new employees must attend safety training, which covers all four above subjects. Documentation showing attendance is required.

1.23. CMR Greenhouse: The CMR Property has a greenhouse for joint use by the Contractor as required. The Contractor is responsible for keeping it clean and orderly. Plants and seedlings that are government property shall not be used to fulfill contract obligations.

1.24. Seasonal plants: The table below provides examples of popular seasonal plants that have been used successfully in the gardening schemes in the past. Although this is informational, the Contractor is not limited to these plants and may make suggestions of other varieties. The COR/COR designee must approve all plant selections submitted by the Contractor in advance to ensure attractiveness, quality and quantity are sufficient. Seasonal plants are planted twice a year while other plants are planted once and/or as needed.

(not limited to)

REC. Center:100

CMR: 500

DCMR: 200

Two years

REC. Center: 300

CMR: 2000

DCMR: 500

One year

REC. Center: 500

CMR: 500

DCMR: 200

Two years

REC. Center: 50

CMR: 50

DCMR: 20

Two years

Four years

REC. Center: 5

CMR: 20

DCMR: 10

Three years

1.25.

LOCATION FOR GARDENING SERVICES

All standard routine services are to be delivered on regular Post working days.

Location Address

Ambassador's Residence 3, Impasse 3 Aout, Sidi Bousaid

DCM's Residence 8, Rue Kennedy – Carthage

Embassy Compound 1053 Les Berges du Lac II 2.

WORKING HOURS

All work shall be performed from Monday thru Friday from 07:30am through 04:30pm except for the holidays identified in the Addendum in Section 2. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 24-hour advance notice to the COR who will consider any deviation from the hours identified above.

3.0

DELIVERABLES

The following items shall be delivered under this contract IAW FAR 4.202-2:

DESCRIPTION QUANTITY DELIVERY DATE DELIVER TO:

Insurance 1 Post Award Orientation Contracting Officer

Grounds Maintenance Plan 1 10 days after award COR

List of Personnel 1 10 days after award COR

Transition Plan 1 10 days after award COR

Payment Request 1 monthly COR Contractor’s Quality l 1 20 days after award COR

Control Management Plan (C-QCMP) Update as needed Work Schedule 1 Monthly COR Weekly Status Reports 1 Weekly COR – A/COR and Meeting Minutes

Uniform Sample 1 1 Post award Orientation COR

(Men & Women) 4.

PERSONNEL REQUIREMENTS

4.1

GENERAL

The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee with an equally qualified person to maintain continuity of services at no additional costs to the Government.

4.2

STANDARD OF CONDUCT

4.2.1 Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

4.2.2 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

4.2.3 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

4.2.4 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

· Unauthorized use of Government property, theft, vandalism, or immoral conduct;

· Unethical or improper use of official authority or credentials;

· Security violations; or,

· Organizing or participating in gambling in any form.

4.2.6

KEY CONTROL

The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., in performance of this contract. The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the security system or replacing the lock suitable by the RSO.

4.3.

NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

4.4 PERSONNEL SECURITY

4.4.1 After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take 60 days to perform. For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

Birth Certificate 4.4.2 Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

5. MATERIALS AND EQUIPMENT

The Contractor shall provide all necessary gardening supplies and equipment, including rakes, lawn mowers, hoe, pitchfork, pruning sheers, fertilizers to perform the work identified in Schedule of Supplies/Services

6. INSURANCE

6.1

AMOUNT OF INSURANCE

The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

6.2

GENERAL LIABILITY

(includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

1.

Bodily Injury stated in US Dollars:

Per Occurrence $ 100,000 Cumulative

$1,000.000 2.

Property Damage stated in US Dollars:

Per Occurrence $ 50,000 Cumulative

$100,000 6.3 The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

6.4 For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3, or host country nationals that do not have a DOL waiver.

6.5 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

· any property of the Contractor,

· its officers,

· agents,

· servants,

· employees, or

· any other person arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

6.6 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

6.7 Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State," as an additional insured with respect to operations performed under this contract.

6.8 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

7. LAWS AND REGULATIONS

7.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. If there is a conflict between the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

7.2 The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, unless they are inconsistent with the requirements of this contract.

8. TRANSITION PLAN

The Contractor shall submit within 10 days after the contract award notification a transition plan preparing for performance under contract assuming all responsibilities for gardening and landscaping maintenance services. The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

9. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all gardening services set forth in the scope of work.

9.1 Surveillance . The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

9.2 Standard. The performance standard is that the Government receives no more than five customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

9.3 Procedures.

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause. These events shall trigger a review of the Contractor’s Quality Control Management Plan with revisions dictated by the Contracting Officer.

Exhibit 1 Government Furnished Property

The Government shall make the following property available to the Contractor as "Government furnished property" for performance under the contract:

· Keys

· Government Issues Identity Cards X number

SECTION 2 - CONTRACT CLAUSES

52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449,

BLOCK 27A)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023).

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023).

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020).

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021).

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020).

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-

DELIVERY CONTRACTS (OCT 2016).

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

PROHIBITION (DEC 2023).

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED (JAN 2025).

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018).

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2025).

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021).

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (MAY 2024).

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021).

52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021).

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT2018).

52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR

ASSEMBLED BY AMERICAN SECURITY DRONE ACT-COVERED FOREIGN ENTITIES

(NOV 2024).

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017).

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC

2023).

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSE

TITLE AND DATE

52.204-9

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-25

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

52.225-14

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

(JUL 2014)

52.228-4 WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APRIL 1984)

52.228-5

INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-6

FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

52.244-6

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

THE FOLLOWING FAR CLAUSE(S) IS/ARE PROVIDED IN FULL TEXT:

52.216-18

ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 1st, 2026 thru the contract period of performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when –

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either –

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19

ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $ 500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $15,000.00 (2) Any order for a combination of items in excess of TBD (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22

INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year beyond the contract’s effective period.

52.217-8

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.232-19

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

THE FOLLOWING DOSAR CLAUSE(S) IS/ARE PROVIDED IN FULL TEXT:

652.204-70

DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE (FEB 2015)

(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm .

(End of clause)

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

1. Use an email signature block that shows name, the office being supported and company affiliation (e.g., “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

1. Clearly identify themselves and their contractor affiliation in meetings.

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

652.215-70

EXAMINATION OF RECORDS

(a) With respect to matters related to this contract or a subcontract hereunder, the Department of State Office of the Inspector General, or an authorized representative, shall have upon request:

(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and

(2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.

(b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(d) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this contract other than acquisitions described in Federal Acquisition Regulation 15.209(b)(1).

652.216-70

ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004)

The Government shall use one of the following forms to issue orders under this contract:

(a) The Optional Form 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule - Continuation; or,

(b) The DS-2076, Purchase Order, Receiving Report and Voucher, and DS-2077, Continuation Sheet.

652.225-71

SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden “compliance with the boycott,” and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:

(1) Complying or agreeing to comply with requirements:

i. Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,

ii. Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the…