TABLE OF CONTENTS

SECTION 1 – THE SECHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, RFP 19EC7526R0002

• Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

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

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 19EC7526R0002

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall perform gardening services, including furnishing all labor, material, equipment and services, for the U.S. Embassy Quito Compound, Chief of Mission Residence and

Deputy of Chief of Mission Residence; 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 services that have been satisfactorily performed.

The contract period of performance begins on the effective date of the award. The initial period of performance includes any transition period authorized under the contract.

Temporary Additional Services are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post. The Contractor shall provide Temporary Additional Services in addition to the scheduled services specified in this contract. The COR shall order Temporary Additional

Services on an as needed basis. This work shall be performed by Contractor trained employees and shall not be subcontracted. The COR may require the Contractor to provide Temporary

Additional Services with 24-hour advance notice.

Because Temporary/Additional Services are based on indefinite delivery/indefinite quantity, the minimum and maximum amounts are defined below:

Minimum: The Government shall place orders totaling a minimum of 5000 square meters. This reflects the contract minimum for the base year and option period.

Maximum: The amount of all orders shall not 100000 square meters. This reflects the contract maximum for the base year and each option period for temporary/additional services.

The Contractor shall include in its next regular invoice details of the Temporary Additional

Services, if applicable, provided and requested under Temporary Additional Services. The

Contractor shall also include a copy of the COR’s written confirmation for the Temporary

Additional Services.

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010

NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT TO

THIS PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF 2% PERSUANT TO 26

U.S.C. 5000C.

2.0 PRICING

2.1 VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to

VAT are:

2.2. BASE PERIOD

CLIN

0001 SubCLINS

Base Year: Firm Fixed Price for Standard Services for this Contract

NAICS CODE: 561730 - Landscaping Services

1A Price per Month* x 12 Months

** Price per

Year

Base Year Firm Fixed-Price for Temporary Additional

Services for this Contract:

2A Price per Square Meter* *

2B Estimated Number of Square Meters for Base Year 7140

Total Temporary Additional Services NOT TO EXCEED

(NTE) Price for Base Year (Total - items SubCLIN

2Ax2B) **

Base Year Total for All Service (Total - items SubCLIN

1A Total + SubCLIN 2A + SubCLIN 2B) **

3A Value Added Tax (VAT) *

Base Year Total for All Services plus VAT (Total =

SubCLIN 2A + 2B + 3A) **

*[Offeror/Bidder: Insert price]

**[Offeror/Bidder: Insert total price]

2.3. FIRST OPTION YEAR PRICES

1001 SubCLINS

Option Year 1: Firm Fixed Price for Standard Services for this Contract

NAICS CODE: 561730 - Landscaping Services

1A Price per Month* x 12 Months

Option Year 1 Firm Fixed-Price for Temporary

Additional Services for this Contract:

2B Estimated Number of Square Meters for Option Year 1 7140

(NTE) Price for Option Year 1 (Total - items SubCLIN

Option Year 1 Total for All Service (Total - items

SubCLIN 1A Total + SubCLIN 2A + SubCLIN 2B) **

3A Value Added Tax (VAT) *

Option Year 1 Total for All Services plus VAT (Total =

2.4 SECOND OPTION YEAR PRICES

2001 SubCLINS

Option Year 2: Firm Fixed Price for Standard Services for this Contract

NAICS CODE: 561730 - Landscaping Services

1A Price per Month* x 12 Months

Option Year 2 Firm Fixed-Price for Temporary

2B Estimated Number of Square Meters for Option Year 2 7140

(NTE) Price for Option Year 2 (Total - items SubCLIN

Option Year 2 Total for All Service (Total - items

3A Value Added Tax (VAT) *

Option Year 2 Total for All Services plus VAT (Total =

SubCLIN 2A + 2B + 3A) **

2.5 THIRD OPTION YEAR PRICES

3001 SubCLINS

Option Year 3: Firm Fixed Price for Standard Services for this Contract

NAICS CODE: 561730 - Landscaping Services

1A Price per Month* x 12 Months

Option Year 3 Firm Fixed-Price for Temporary

2B Estimated Number of Square Meters for Option Year 3 7140

(NTE) Price for Option Year 3 (Total - items SubCLIN

Option Year 3 Total for All Service (Total - items

3A Value Added Tax (VAT) *

Option Year 3 Total for All Services plus VAT (Total =

2.6 FOURTH OPTION YEAR PRICES

4001 SubCLINS

Option Year 4: Firm Fixed Price for Standard Services for this Contract

NAICS CODE: 561730 - Landscaping Services

1A Price per Month* x 12 Months

Option Year 4 Firm Fixed-Price for Temporary

2B Estimated Number of Square Meters for Option Year 4 7140

(NTE) Price for Option Year 4 (Total - items SubCLIN

Option Year 4 Total for All Service (Total - items

3A Value Added Tax (VAT) *

Option Year 4 Total for All Services plus VAT (Total =

SubCLIN 2A + 2B + 3A) **

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.

2.7. 52.217-8 OPTION TO EXTEND SERVICES (6 MONTHS)

5001 SubCLINS

52.217-8 Option to Extend Services (6 Months): Firm Fixed Price for

Standard Services for this Contract

NAICS CODE: 561730 - Landscaping Services

1A Price per Month* x 6 Months

52.217-8 6 Months Firm Fixed-Price for Temporary

2A Price per Square Meter* *

2B

Estimated Number of Square Meters for 52.217-8 6

Months 7140

(NTE) Price for 52.217-8 6 Months (Total - items

SubCLIN 2Ax2B) **

52.217-8 6 Months for All Service (Total - items

3A Value Added Tax (VAT) *

52.217-8 6 Months Total for All Services plus VAT

(Total = SubCLIN 2A + 2B + 3A) **

2.7 GRAND TOTAL

Base Year(Clin0001Total) NAICS CODE:

561730- Landscaping Services

First Option Year(Clin1001Total) NAICS

CODE: 561730- Landscaping Services

Second Option Year (Clin2001Total) NAICS

CODE: 561730- Landscaping Services

Third Option Year (Clin3001Total) NAICS

CODE: 561730- Landscaping Services

Fourth Option Year (Clin4001Total) NAICS

CODE: 561730- Landscaping Services

52.217-8 Option to Extend Services (6

Months) (Clin5001Total) NAICS CODE:

561730- Landscaping Services

Grand Total – Base plus All Option Years

CONTINUATION TO SF-1449

RFP NUMBER 19EC7526R0002

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1. STATEMENT OF WORK

The purpose of this contract is to obtain gardening services for real property owned or managed by the U.S. Government at Quito-Ecuador, The Contractor shall perform gardening services in all designated spaces detailed in this document. The contract will be for a one-year period from the date of the contract award, with (4) four one-year option periods, at the discretion of the

Government.

1.1 Work requirement

1.1.1 General. This is a fixed-price performance-based contract for gardening services for the

U.S. Embassy Quito, Ecuador. The contract contains certain ordering provisions by which the Contracting Officer or his/her representative may require additional amounts of service for special events. The contractor shall furnish managerial, administrative and direct labor personnel to accomplish all work required by this contract. Specific services are described in detail below and shall include services for daily and required periodic maintenance of the Chancery Compound, DCMR and CMR including its tennis court, on-going horticulturalist services for all U.S. Government locations in Quito, annual tree management services at the CMR by a certified arborist.

1.1.1.a PROPOSAL All bids must include a detailed price breakdown to include at a minimum: i) Labor

ii) Vehicle, tool & machinery costs

iii) Fuel costs

iv) Uniforms and personal protective equipment (PPE)

v) Professional fees

vi) Indirect costs and profit

1.1.1.b CONTRACTOR The contractor must clearly demonstrate that he/she is an established in Ecuador company with minimum 5 years of specialized (gardening) experience in facilities equal or greater than the serviced US Government properties. This may be established by providing the Company RUC, copy of the company establishment documentation, number of employees currently working, list of project/clients (including contract value, property garden areas, letters of reference).

1.1.1.c CERTIFICATIONS/FINANCIAL The contractor should also provide documentation of current finances that may come due within three months of contract award such as SRI (IVA, rent tax declaration), IESS and Super Intendencia de Companias.

1.1.1.d CERTIFICATION/OTHER In accordance with Ecuadorian labor law, the following shall be submitted as applicable for review and approval;

Occupational Safety and Health unit:

Companies with 100 or more workers

1. Occupational Safety and Health Technician (Dec. 2393. Art. 15. Num.1), submit registration document.

2. Occupational Physician (Labor Code, Art. 430. Num. 2 / Dec. 2393. Art. 16 / Agreement

1404), submit registration document

Companies with less than 100 workers

1. Responsible for Occupational Health and Safety (Decision 584, cap III, Art 11, lit a), submit registration document.

2. Occupational Physician (periodic visit) (Labor Code Art. 430, num 1 / Resolution 390

Art. 2), submit registration document.

Parity organizations:

1. Current registration certificate of Safety and Health committee and subcommittee (Dec

2393, Art 14), if applicable.

2. Delegate for occupational Safety and Health (Resolution 957 Art 13 and 14). Submit data of the delegate assigned to this workplace.

Company’s Safety and Health Regulation

1. Company’s Safety and Health Regulation and its certificate of registration in the Ministry of Labor, for companies with 10 or more workers (Labor Code Art. 434).

2. Minimum Safety Plan for companies with less than 10 workers (Decision 584, Cap III, Art. 11) and registration document in the Ministry of Labor.

Workers' Health (Agreement 1404)

1. Certificate of work aptitude based on the occupational health exams according to the risk exposure and endorsed by the occupational doctor. Submit that certificate annually and in case of high risk activities.

2. First aid kit

Training (Decision 584)

1. Each year send a certificate submitted by the highest authority of the company, indicating the training provided to the staff in matters of Safety and Prevention of Occupational

Hazards, such training must be dictated by competent personnel. List the courses taught each year in the certificate.

Safety procedures for special works (Decision 584, Art 11, lit e / Resolution 957 Art. 1)

1. Safety procedures for specific tasks and / or those that involve high risk.

2. Submit the procedure for your workers in case of an accident at work or presumption of occupational disease.

The Contractor shall comply with the following US Safety and Health regulations and codes:

a. EM 385-1-1: U.S. Army Corps of Engineers Safety and Health Requirements

Manual.

b. OSHA: Occupational Safety and Health Administration laws and regulations.

Inspection

1. The Occupational Health and Safety Technician must comply with periodic inspection visits. Submit the checklist to be used. Coordinate each visit with POSHO or APOSHO.

Personal Protective Equipment (Executive Decree 2393)

1. Provide the proper work clothing and certified PPE for head, face and eyes, body, feet, upper and lower extremities, respiratory and hearing protection as necessary and train on their use and storage.

Environmental management plan (if applicable)

1. Waste management

2. MSDS of chemical products

1.1.2 Personnel. The contractor shall provide a qualified work force, capable of providing the services required by the contract.

1.1.3 Definitions.

"Chancery" means the building of the Post used for official activities.

“Chancery Compound” includes all eight facilities on the compound i.e. Chancery

Building, Marine’s Residence, Utility Building, Warehouse, General Services Building /

Motor Pool, Main CAC, Consular CAC and Service CAC and grounds.

"Contracting Officer" means a person appointed with the authority to enter in and administer contracts on the behalf of the Government.

https://www.osha.gov/

"Contracting Officers' Representative (COR)" means an individual designated in writing by the Contracting Officer to perform specific contract administration functions.

"CMR" means the official residence of the Chief of Mission.

"DCMR" means the official residence of the Deputy Chief of Mission and includes all lawns, planters, trees, hedges and garden beds.

“MSGQ” means the Marine’s Residence located on the chancery compound.

"General Instructions" mean those instructions, directives and guidelines that apply to all gardening personnel.

"Government" means the Government of the United States of America.

Performance –based means contracting which allows the government to acquire services via contracts that define what is to be achieved, not necessarily how it is done.

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 as described in this contract for all Government properties listed in 1.15. 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 qualified representative for continuous on-site oversight of the Contractor's workforce throughout all work hours. This supervisor shall serve as the primary point of contact for U.S. Government personnel and shall have no other duties beyond supervision. The supervisor must possess proficient English language skills, enabling clear and effective communication with U.S. Government staff. Additionally, the supervisor must have completed a recognized safety training program relevant to the scope of work and provide documented proof of such training prior to commencement of duties. The supervisor is required to remain on-site at all times during the Contractor's operations, without exception.

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 services between the hours of 07:45 AM and 05:15 PM Monday through Thursday and Friday 07:45 AM and 1:45 PM. 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 period to perform the service.

The schedule for the Ambassador’s residence daily tennis court maintenance shall start at 0700

AM during the week and from 0700AM to 1100AM on weekends and holidays.

1.3.3. QUALITY CONTROL.

The Contractor shall be responsible for quality control. The Contractor shall create a checklist defining the parameters to perform quality control and ensure all tasks meet the required standards found in the Schedule of Service. The checklist shall be an Annex to the Contractor’s

Quality Control Management Plan. The Contractor Quality Control Management Plan (C-

QCMP) shall align with Quality Assurance and Surveillance Plan (QASP) and include unannounced to the Contractor workforce inspection visits of the work site every month. The

Contractor shall coordinate these visits with the COR.

Prior to any work being performed, the contractor shall also furnish the following items for review and approval.

a) Work plan (WP) and associated Activity Hazard Analysis (AHA) for every high-risk activity according POSHO requirement. This must be presented 10 days before the proposed date of specific work. Refer to EM 385-1-1: U.S. Army

Corps of Engineers Safety and Health Requirements Manual.

b) Applicable safety and health regulations according to respective works.

c) Certificate of registration of safety and health regulations.

d) Health surveillance plan for duration of contract.

e) Environmental management plan.

f) Report skills/qualifications of the proposed employees.

g) Periodic medical check-up report.

h) Training plan.

1.3.4 TECHNICAL GUIDANCE.

The Contractor shall have the services of a trained Horticulturist with experience in the climate and soil conditions found locally to give technical guidance to the Contractor's work force and to develop and guide the Contractor's programs for lawn and tree care. Qualifications to be included for review.

The Contractor shall have the services of a certified Occupational Safety and Health

Professional/Safety coordinator with experience in US and local regulations. Qualifications to be included for review.

The Contractor must have the services of a Professional Arborist for guidance during the CMR tree maintenance. Qualifications to be included for review. The contractor must present a tree annual survey with the information of health condition of the trees every year.

The contractor shall provide the names, experience, certifications and contact information of the professional required in this SOW when submitting their bid.

1.3.5. GROUNDS MAINTENANCE PLAN. The Contractor shall submit an annual Grounds

Maintenance Plan that reflects the proposed frequency for meeting the requirements of this contract. 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.

The grounds maintenance plan must include:

Detailed Service Plan: Outline all gardening and landscaping tasks, including lawn mowing, shrub and tree pruning, weed control, pest management, and irrigation schedule for the different areas, ensuring the aesthetic and functional upkeep of interior and exterior designated areas.

1.4 LAWN CARE

1.4.1. GRASS CUTTING. The Contractor shall maintain the height of grass between 4 and 6 centimeters or as recommended by the horticulturist in writing which shall be submitted to the

COR. The Contractor is responsible for all equipment and fuels needed to complete this task.

1.4.2 EDGING. The Contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut.

1.4.3. 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.

1.4.4. WEEDING. The Contractor shall weed the grounds and gardens on a continuous basis to prevent the growth of weeds into lawn and landscapes. Contractor shall include weeding in pavement, concrete or other hard areas of the Chancery Compound (included but not limited to electrical and chiller yards, sidewalks and area outside of perimeter walls). 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, after the Work Plan and AHA that must be presented for every risk activity.

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.

1.4.7. The Contractor shall be responsible of professionally maintaining the Chancery Compound

Sport Field of approximated 40m x 30m. Sport field maintenance method shall be specified in the contractor's Grounds Maintenance Plan. This activity shall include but not be limited to grass cutting between two and four centimeters, field leveling, continuous grass repair and sand filling and soil aerating and de-compacting. Sand and all materials for this activity shall be provided by

The Contractor.

1.5. PRUNING

1.5.1 The Contractor shall maintain all trees, shrubs, hedges, bushes, vines, ground cover, and flowers to ensure a well-groomed and professional appearance in accordance with U.S. Embassy standards.

For tree maintenance at the Chief of Mission Residence (CMR), Deputy Chief of Mission

Residence (DCMR), and the Embassy compound the Contractor shall employ a certified arborist with demonstrated expertise in pruning large trees. Personnel assigned to tree pruning must possess valid certifications for working at heights and documented experience in tree care.

The Contractor shall submit an annual report to the Contracting Officer’s Representative (COR) detailing the health and status of all trees on the CMR, DCMR, and Quito Embassy Grounds, including assessments of condition, maintenance performed, and recommendations for future care.

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

• maintain a neat and attractive appearance.

• Pruning tree branches at the CMR

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.

1.6. LEAF REMOVAL. The contractor shall, monthly, remove leaves and pine needles from the properties included in this SOW.

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. The contractor shall explain how this will be accomplished in their Grounds Maintenance Plan.

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. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements. The

Contractor shall coordinate with the COR to set and modify the irrigation system program according whether conditions.

1.9.3. The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment.

1.9.4. The Government shall furnish the supply of water.

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 as directed by their horticulturalist and/or arborist.

1.10.6. The Contractor shall provide 8m3 of composted soil every month for replenish fertilized landscape. As well The Contractor shall provide the required sand for the use in the sport field.

1.10.7. The contractor shall provide to the COR a copy of all Materials Safety Data Sheets

(MSDS) for all fertilizers or other chemicals used in the execution of the contract for review

PRIOR to said materials being brought on site. All materials must be stored safely in complete accordance with the MSDS requirements. A Work plan and AHA must be presented to the COR

10 calendar days in advance of the fertilization work for approval.

1.11 PEST AND DISEASE CONTROL. The contractor shall maintain a program for controlling plant disease 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. A Work plan and AHA must be presented to the COR 10 calendar days in advance of the pesticide work for approval.

The contractor shall present a plan for plant disease control as a part of its Grounds Maintenance

Plan. The contractor shall use natural organic pesticides whenever possible.

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. The contractor shall present the Material Safety Data Sheet (MSDS) to the

COR for approval prior to using any chemical. A Work plan and AHA must be presented to the

COR 10 calendar days in advance of the use and disposal of these substances work for approval.

1.13. Reserved

1.14. TENNIS COURT MAINTENANCE

Work shall include proper maintenance of the clay court at the CMR. The contractor is responsible for providing equipment and materials needed to maintain this court. Work shall include maintaining the court in proper condition for daily usage.

1.14.1 Daily removal of weeds and any garbage or debris

1.14.2 Daily inspection of net and center strap to ensure they are tight and set correctly and of the boundary tape to make sure the lines are straight and replacement of any loose or missing nails that secures the boundary tape.

1.14.3 Daily inspection for divots and raking of court to level out any divots found.

1.14.4 Daily sweeping of the entire court and cleaning of the boundary with a line scrub.

1.14.5 Daily rolling of the clay court

1.14.6 Daily watering of the clay court with a fine spray to ensure moistening.

1.14.7 Quarterly resurfacing with new clay and rolling the clay court. (For safety reasons, contractor must consult with a company experienced in the maintenance of clay tennis courts regarding daily and quarterly maintenance procedures. The clay court is used frequently by high level Ecuadorian and U.S. dignitaries and must be maintained correctly).

1.15. COMPREHENSIVE LIST OF TOOLS & EQUIPMENT

The contractor shall provide a comprehensive list of all equipment, machinery and tools to be provided to his employees in order to carry out the contract. This list should make it clear that the contractor has the appropriate resources to execute the contract as intended by the SOW and that all items identified here will be at the disposal of contract employees as necessary.

Contractor employees should not anticipate that any embassy resources will be made available to support the execution of this contract.

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

Location Address Area Notes

Chief of Mission

Residence

Isabela Católica y

Coruña, 28,000 m2 Includes the Guapulo hillside

Deputy Chief of

Mission Residence

De las Golondrinas E19-

218 y Tictiran 850 m2 Includes Fountain

Chancery

Compound

Calle Avigiras E12-170 y Eloy Alfaro

28,000 m2

Includes the roadway sidewalk landscaping along calles Avigirias y

Guayacanes and the parking lot hill-sides

2. WORKING HOURS

All work shall be performed during Monday through Thursday 07:45 AM and 05:15 PM and

Friday 07:45 AM and 1:45 PM. 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:

DESCRIPTION Q DELIVERY DATE DELIVER TO:

Insurance 1 10 days after award Contracting Officer

Grounds Maintenance Plan 1 30 days after award COR

List of Personnel 1 10 days after award COR

Transition Plan 1 15 days after award COR

Quality Control and

Management

Plan 1 proposal

(update as needed) COR

Payment Request 1 monthly COR

Pruning Schedule 1 30 days after award COR

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 to maintain continuity of services at no additional costs to the

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). Uniforms must be replaced once a year.

The Contractor is responsible that the employees wear clean, neat and complete uniforms when on duty. Should the uniforms become unserviceable prior to this period, the Contractor will replace them as necessary. In addition, the Contractor shall bear the cost of purchasing, cleaning, pressing, and repairing the uniform

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.

4.3. 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 45 days to perform. For each individual the list shall include:

• Full Name

• Place and Date of Birth

• Current Address

• Identification number (cedula or passport)

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, bobcat or similar, lawn mowers, hoe, pitchfork, pruning sheers, fertilizers, and equipment and machinery fuel to perform the work identified in this Statement of Work. Use of US

Government equipment is strictly prohibited except as expressly permitted in writing by the

Contracting Officer.

6. INSURANCE

6.1. AMOUNT OF INSURANCE. The Contractor, at its own expense, shall provide and maintain during the entire term of the contract and have appropriate levels of insurance coverage that is legally required for this type of work being performed. The Contractor shall carry the following minimum 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 $As per Ecuadorian Social Security Coverage

Cumulative $As per Ecuadorian Social Security Coverage]

2. Property Damage stated in US Dollars:

Per Occurrence $5,000

Cumulative $120,000

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

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

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.

7.3 The Contractor shall comply with POSHO regulation in terms of safety. OSHA and EM

385-1-1: U.S. Army Corps of Engineers Safety and Health Requirements Manual.

8.0. TRANSITION PLAN

Within 15 days after contract award, the Contracting Officer may ask the contractor to develop a plan for preparing the contractor to assume all responsibilities for gardening 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. (a) QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP). This plan is designed to provide an effective surveillance method to promote effective 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 conduct quality assurance to ensure that contract standards are achieved.

Performance Objective PWS Para Performance Threshold

Services.

Performs all gardening services set forth in the performance work statement (PWS)

Management.

Services performed are routinely checked and measured for quality

1 thru 8. All required services are performed and no more than one

(1) customer complaint is received per month

Monthly random inspections are performed with no more than one

(1) unsatisfactory rating per inspection

(b) 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.

b.1 Surveillance Matrix (See Table below) b.2. Performance Rating Definitions (FAR 42.1503 Table 42-1)

Performance

Rating

Definition

Exceptional Performance meets contractual requirements and exceeds many to the government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good Performance meets contractual requirements and exceeds some to the

Government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being evaluated reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory Performance does not meet most contractual requirements, and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

b.3. Surveillance Methods

• 100% Inspection: High-risk/critical items (chemical applications, large tree pruning, tennis court daily tasks, MSDS/AHA approvals, annual tree survey)

• Random Sampling: Routine/frequent tasks (mowing, edging, weeding, debris removal)

• Periodic Sampling: Scheduled/infrequent tasks (fertilization, quarterly court resurfacing, monthly leaf removal)

• Customer Feedback: Validated complaints (standard: ≤1 valid complaint per month)

7. Performance Reporting

• Corrective Action Report – Issued for deficiencies with suspense date

• Customer Complaint Record – Documented, validated, tracked

• Performance Assessment Report – Used for periodic and annual evaluations

Inspection Methodologies Examples

• Visual/site inspection of appearance and condition

• Document review (plans, reports, MSDS, AHAs, Work Plans)

# What we check What “Acceptable” looks like How we check How often we check

How we grade & what happens if not Acceptable (professional terms)

Overall look of gardens & grounds

Clean, neat, professional appearance; grass 4–6 cm tall; no visible trash piles or excessive weeds

Walk around + measure grass in several spots + take photos

At least once a month per site + any complaint

Acceptable: Meets standard

Marginal: Minor mess

Unsatisfactory: Poor appearance

Unacceptable: Severe neglect correct immediately + report to

Contracting Officer

Grass cutting, edging & trimming

Grass cut to 4–6 cm; all sidewalks/edges fully edged;

trimmed neatly around trees, fences, poles, etc.

Measure grass height + walk along edges + count missed spots

During/after cutting + check weekly reports

Acceptable: All edges complete, height correct

Marginal: 1–2 missed spots

Unsatisfactory: Multiple misses correct within 1–2 days

Weeding (grass, flower beds, sidewalks)

Very few weeds — maximum 5 significant weeds per 100 sq ft;

sidewalks and cracks clean

Count weeds in test squares + look at hard surfaces

Random checks + once a month full check

Acceptable: Minimal weeds

Marginal: 6–10 weeds

Unsatisfactory: Excessive weeds → correct immediately

Fixing damaged grass & sport field

Damaged/bare spots repaired promptly to match surrounding areas; sport field flat, 2–4 cm grass, no large holes

Look for bare spots + measure height + check for holes

Random visits + after any repair

Acceptable: No significant damage

Marginal: Small unfixed spots

Unsatisfactory: Field unusable or multiple holes → correct promptly + report to Contracting Officer

Pruning trees, shrubs & hedges

No dead or unsightly branches;

plants shaped and healthy; large trees pruned by certified expert;

annual tree report submitted

Read annual report + inspect for dead or hazardous branches

Yearly report + during pruning time

Acceptable: Healthy and well-shaped

Unsatisfactory: Hazardous branches or missing report → correct immediately + report to Contracting

Officer

Removing leaves, debris & recycling

Leaves/pine needles removed monthly; site clean daily; debris recycled (mulch/compost) where possible

Check end of day — no visible trash or leaf piles

Monthly for leaves + daily quick checks

Acceptable: Site clean

Unsatisfactory: Visible trash/leaves

→ correct immediately + report to

Contracting Officer if repeated

Fertilizer, pest control & chemicals

Applications safe and scheduled; all documents approved 10 days in advance; natural products preferred; monthly compost added

Check approval documents + inspect plants after application

Before & during every chemical job

Acceptable: Documents approved & plants healthy

Unacceptable: No approval or unsafe use → report to Contracting

Officer

Clay tennis court care

Daily: no weeds/trash, net tight, lines straight, raked/swept/rolled/watered;

Check daily logs + inspect for playability

Logs every day + random visits weekly

Acceptable: Court safe and playable

Unsatisfactory: Hazards or poor condition → correct same day + report to Contracting Officer if unsafe

Supervisor, safety gear & worker behavior

Supervisor present at all times during work Speaks fluent English.

All workers wear full clean uniform

(jacket with logo, jeans, dark blue polo with name, steel-toe shoes, rain poncho if needed) Everyone wears required safety gear (gloves, eye protection, hard hat, ear protection, etc.) No sleeping, fighting, personal phone use, alcohol or disruptive behavior

Observe team on site

Inspect uniforms & safety gear on each person Confirm supervisor presence

Review twice-weekly safety reports

Every day we visit + every week review reports

Acceptable: Supervisor present, full uniform & safety gear worn, appropriate conduct → no action needed

Unacceptable: Supervisor absent OR missing safety gear OR disruptive behavior → • Stop unsafe work immediately • Report to Contracting

Officer right away • Formal warning possible. (Letter of concern, Safety violation letter)

(c) STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. Monthly random inspections are performed with no more than one (1) unsatisfactory rating per inspection.

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.

(d) PROCEDURES.

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

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

(3) 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.

(4) 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.

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

(6) 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.

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

(8) 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.

ATTACHMENT 2 – CONTINUATION TO

DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

CONTRACTOR FURNISHED MATERIALS

Uniforms:

The Contractor shall issue 2 complete uniforms per year, each one consisting of:

1 jean jacket. They should have the company’s logo and the employee’s name

2 pairs of jeans

4 polos, dark blue. They should have the company’s logo and the employee’s name

1 pair of shoes appropriate for gardening chores (steel toe).

1 Rain poncho

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (DEC

2022) IS INCORPORATED BY REFERENCE. (SEE SF-1449,

BLOCK 27A): Incorporate the effective date of (NOV 2023).

52.204-7 System for Award Management—Registration. (NOV 2024)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

(Pub. L.