BK Post Gardening maintenance services Contract 29Dec2020.pdf

Bangkok Post Contract No. 19TH2021C0001 Comprehensive gardening maintenance services

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, Contract Number 19TH2021C0001, Prices, Block 23

• Continuation To SF-1449, Contract Number 19TH2021C0001, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property

Section 2 - Contract Clauses

• Contract Clauses

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

Contract Number 19TH2021C0001

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall perform comprehensive ground maintenance services which include three components: turf and lawn maintenance, gardening and landscaping, and tree care, including furnishing all labor, material, equipment and services, for the U.S. Embassy Bangkok, Thailand. The price listed below shall include all labor, materials, insurance (see FAR 52.228-4 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.

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten

(10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with four (4) option years, one-year option to renew. The initial period of performance includes any transition period authorized under the contract.

2.0 PRICING

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.

Foreign Firms. 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 (Thai Baht).

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

2.2. BASE PERIOD

1. Base Year Firm-Fixed Price for Standard Services for this Contract:

1a. Price per Month* 708,900 Baht x 12 months = 8,506,800.00 Baht

Price per Year

2. Base Year Defense Base Act (DBA) Insurance for this Contract:

2a. DBA Price per Year US$3,500.00 109,234.00 Baht

3. Base Year Total for Standard Services No VAT (Total = items 1a +2a) 8,616,034.00 Baht

2.3. FIRST OPTION YEAR PRICES

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

8,506,800.00 Baht

**Price per Year

2. Option Year 1 Defense Base Act (DBA) Insurance for this Contract:

2a. DBA Price per Year US$3,500.00 109,234.00 Baht

3. Option Year 1 Total for Standard Services No VAT

(Total = items 1a +2a)

8,616,034.00 Baht

2.4 SECOND OPTION YEAR PRICES

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

8,506,800.00 Baht

**Price per Year

2. Option Year 2 Defense Base Act (DBA) Insurance for this Contract:

2a. DBA Price per Year US$3,500.00 109,234.00 Baht

3. Option Year 2 Total for All Services No VAT (Total = items 1a +2a)

2.5 THIRD OPTION YEAR PRICES

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

8,506,800.00 Baht

**Price per Year

2. Option Year 3 Defense Base Act (DBA) Insurance for this Contract:

2a. DBA Price per Year US$3,500.00 109,234.00 Baht

3. Option Year 3 Total for All Services No VAT (Total =

2.6 FOURTH OPTION YEAR PRICES

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

8,506,800.00 Baht

**Price per Year

2. Option Year 4 Defense Base Act (DBA) Insurance for this Contract:

2a. DBA Price per Year US$3,500.00 109,234.00 Baht

3. Option Year 4 Total for All Services No VAT (Total =

2.7 GRAND TOTAL

Base Year 8,616,034.00 Baht *

First Option Year 8,616,034.00 Baht *

Second Option Year 8,616,034.00 Baht *

Third Option Year 8,616,034.00 Baht *

Fourth Option Year 8,616,034.00 Baht *

Grand Total – Base plus All Option Years 43,080,170.00 Baht **

CONTINUATION TO SF-1449

CONTRACT NUMBER 19TH2021C0001

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

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

1.1 DEFINITIONS

“Chancery” refers to the building Embassy Bangkok uses for official activities; also known as the NOB.

“EOB” refers to the Embassy Office Annex Building.

“CMR” refers to the Ambassador’s residence.

“DCMR” refers the official residence of the Deputy Chief of Mission.

“Gardening” means the tending of plants; including weeding, watering, cultivating, and propagating for the purpose of re-populating existing ornamental plants, shrubs and ground covers.

“General Instructions” means those instructions, directives and guidelines that apply to all landscaping and gardening personnel.

“Turf” means the grass and the immediate layer of soil that holds its roots together.

“Lawn” means an area planted primarily with grasses and subjected to practices (e.g.

mowing, weeding, fertilizing, irrigation and pest control) for purposes of maintaining its green color, optimum growth, and acceptable height.

“Landscaping” means upgrading the aesthetic appearance of a specific area or a space, usually a result of a well-thought use of an array of plants (preferably native species) and other materials (i.e. pebbles, rocks, bricks, etc.) forming unique garden features.

“Turf repair and re-establishment” means to repair patches of thinning, brown, dead or damaged turf grass due to neglect or improper cutting, pest and disease, spills, vehicular traffic, water logging, and wear and tear. Repair shall also include lumps, compacted uneven surface, weedy patches and moss removals.

“Pruning” means the selective cutting of branches and stems to meet a specific goal and objectives (e.g. remove risk & hazard from falling dead branches, decrease height or crown spread, create clearance away from buildings or electrical lines, etc.).

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 1.13. 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 with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The supervisor shall have supervision as his or her sole 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 services between the hours of 7:00 AM to 4:00 PM Monday through Saturday. 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 shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract. The Contractor shall have the Horticulturist perform a bi-monthly inspection of all locations to assess conditions and procedures at each work site, identify any damage or deterioration in vegetation, and determine any necessary corrective actions at no additional cost to the Government and no change in the firm fixed monthly prices of the contract.

1.3.4 TECHNICAL GUIDANCE. The Contractor shall assign the following individuals as key personnel under the contract:

Position/Function Name Project Manager Jiraporn Sutthiprapa and Horticulturist

The Contractor shall provide a Project Manager who is able to converse in English and is fluent (native) in Thai. The Project Manager must have a minimum of five years of project management experience in providing landscaping and/or grounds keeping services. The Project Manager must have a Certificate of Vocational Education, earned after three years of vocational training per the Thai Ministry of Education, in Horticulture or Botany. The Project Manager must be fluent in Thai and must have Level 3 General Professional Proficiency in written and spoken English.

The Contractor shall also have the services of a trained Horticulturist with experience in the climate and soil conditions found locally to give technical guidance and training to the Contractor's work force and to develop and guide the Contractor's programs for lawn and tree care to be included in the Grounds Maintenance Plan. The Horticulturist must have a minimum of five years of professional experience in the climate and soil conditions found locally. The Horticulturist must have a Certificate of Vocational Education, earned after three years of vocational training per the Thai Ministry of Education, in Horticulture. The Horticulturist must be fluent (native) in Thai and must have Level 3 General Professional Proficiency in written and spoken English.

The Project Manager and Horticulturist may be the same person or separate positions. If the same person is selected, they must meet the requirements of both positions.

The requirements for Level 3 General Professional Proficiency in English are:

• Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on practical, social, and professional topics.

• Nevertheless, the individual’s limitations generally restrict the professional contexts of language use to matters of shared knowledge and/or international convention.

• Discourse is cohesive.

• The individual uses the language acceptably, but with some noticeable imperfections; yet, errors virtually never interfere with understanding and rarely disturb the native speaker.

• The individual can effectively combine structure and vocabulary to convey his/her meaning accurately.

• The individual speaks readily and fills pauses suitably.

• In face-to-face conversation with natives speaking the standard dialect at a normal rate of speech, comprehension is quite complete.

• Although cultural references, proverbs, and the implications of nuances and idiom may not be fully understood, the individual can easily repair the conversation.

• Pronunciation may be obviously foreign.

• Individual sounds are accurate; but stress, intonation, and pitch control may be faulty.

During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions.

After the first 90 days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Government will modify the contract to reflect any changes in key personnel.

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 Contractor shall ensure submitted Grounds Maintenance Plans are reviewed and signed by the Horticulturist before submission to the U.S. Government. Grounds Maintenance Plans are subject to U.S. Government approval before implementation and any changes required to meet the provisions set forth in this solicitation and resulting contract shall be at no additional charge to the contract.

1.4 TURF AND LAWN CARE

1.4.1. GRASS CUTTING. The Contractor shall maintain the height of grass between 4 and 6 centimeters. The Contractor is responsible for all equipment and fuels needed to complete this task. The Contractor shall use a mulching mower(s) that produces fine clippings from mowed turf grass, and returns same to the soil surface as natural fertilizer.

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. 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.

1.4.5. TURF REPAIR AND RE-ESTABLISHMENT. The Contractor shall, whenever necessary, repair areas damaged by improper maintenance, soil conditions, pest and disease, vehicular traffic, oil and gas, building repairs, and normal foot traffic. The Contractor shall undertake aeration, de-thatching, correct drainage and soil erosion, or install new seed or sod on areas where grasses are thinning, brown or dead. 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 AND TREE CARE

1.5.1 The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers. Dead twigs, branches and flowers shall be pruned to encouraged new growth and continuous flowering of ornamental plants. Propagation of seeds or vegetative parts (tip/branch cuttings) shall be done to re-populate certain ornamental plants and for re-landscaping upgrade purposes.

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 ensure the Horticulturist is on site during pruning to ensure proper procedures are followed. The Contractor shall prune all hedges and shaped shrubs to maintain proper shape at all times. The Contractor shall prune when necessary, large woody trees and palms to prevent risks and hazard to people and property posed by falling dead limbs and branches.

The gardening contractor is responsible for remedying damages from falling branches or trees that occur while the gardening contractor is performing pruning operations. If another contractor damages a tree or plant then it is the gardening contractor’s responsibility to report the damage to the COR immediately.

The gardening contractor shall identify trees and branches that may be at risk of falling and causing damage as a result of winds or storms and report these findings to the COR. The gardening contractor shall present a tree trimming plan to the COR and conduct timely tree trimming operations to prevent and/or limit storm damage. Any damage from falling trees or branches must be reported immediately to the COR. The COR will evaluate the damage and remedial options.

Should the damage be determined to be the result of unforeseen circumstances (Acts of God or force majeure) and adequate preparatory measures had been taken, then the gardening contractor would not be responsible for remedy or repair for damages.

The Contractor shall provide all pruning tools and equipment and ensure that climbing equipment will not inflict permanent damage to the trees. For example, the contractor will not use spikes, gaffs, or climbing spurs to prune trees. The contractor shall ensure that cutting tools are clean and disinfected when cutting trees infected with a pathogen to avoid transmission from one tree to another.

In the event of negligence during pruning or cutting operations, which results in injury or damage due to falling branches, equipment, or debris, all liability is the sole responsibility of the contractor for compensation. The U.S. Government will not accept any liability relate to such incidents.

(Amendment 0005, Dated Oct. 22, 2020)

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 remove leaves and pine needles from the properties listed in 1.13 on a daily basis (Monday – Saturday).

(Amendment 0005, Dated Oct. 22, 2020)

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 sidewalks, driveways, and all paths, 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. Debris from tree pruning shall not be permitted to be placed in any Embassy trash containers.

(Amendment 0005, Dated Oct. 22, 2020)

1.8.1 GUTTERS. The Contractor shall clean, sweep out and remove leaves and debris from the roofs, roof tiles and roof gutters in all four compounds. Labor, tools/equipment and other cleaning implements shall be provided, and the Contractor will be responsible for any damage to the roof, roof tiles and roof gutters that results from cleaning, sweeping, and removal activities.

Frequency of services is shown in the below schedule:

Compound: Location: Frequency of Services:

Rajdamri Houses # 1, 2, 3, 4, 5 once in 2 months GSO bldg. pathway & bulk store once in 2 months FM Office (next to cafeteria) every Saturday Rim Bueng Restaurant every Saturday Guard Booth once in 4 months Compound: Location: Frequency of Services:

ATO warehouse Quarterly (March, June, September & December)

ATO LE staff office Quarterly (March, June, September & December)

PSA staff office Quarterly (March, June, September & December) (Amendment 0001, Dated Sep. 9, 2020)

CMR Main House once a month Guest House once a month Sala Tea House once in 2 months Garage and Manager House once in 2 months Chef House & Servant Quarters once in 2 months Storage and Laundry Area once in 2 months Body guard/Security House once in 2 months Main Kitchen & Dining Room once in 2 months Entrance Gate Guard Booth once in 4 months

NOB Front and Back Guard Booths once in 4 months

EOB Covered Pathway in Consular Waiting area once in 2 months Fitness Center and Printshop once in 2 months

The Contractor must return daily all tools and equipment to proper storage areas at each location of the Embassy.

NOB: A room next to the rear CAC (15 square meters) EOB: A room next to the Preventive Maintenance Office (20 square meters) CMR: A small building next to the tennis court (20 square meters) Rajdamri: A room next to the PSA/ATO building (30 square meters)

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.

Timing of watering shall typically be done early in the morning (7:00 to 9:00 am) or late afternoon (3:00 to 4:00 pm) to decrease loss of water due to evaporation during mid-day hot weather.

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.

1.9.5. Contractor shall be responsible for watering and maintaining plants and vegetation located at the NOB Front Office. There are approximately 100 square feet of plants located at the exterior balcony area, and also potted plants located inside. The Contractor shall provide this service at least 3 times per week, approximately one hour each visit. The Contractor must schedule for an escort at least three days in advance, via email to the COR.

(Amendment 0005, Dated Oct. 22, 2020)

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. The Contractor shall conduct random soil testing on a semi-annual basis to guide and ensure the correct application of fertilizers and lime.

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 an organic or environmentally-safe weed killer as needed or 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. Fertilizer application shall be conducted to maintain vitality and boost flowering of ornamental plants.

1.10.6. The COR will advise of any areas that are off-limits for fertilizer and chemicals.

(Amendment 0005, Dated Oct. 22, 2020)

1.11 PEST AND DISEASE CONTROL. The Contractor shall maintain a 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.

The Contractor shall present a plan for pest and disease control, which will include the method, frequencies, and dates of watering, applications of fertilizer, pest and weed-killing chemicals, as a part of its Grounds Maintenance Plan.

All pesticides used by the Contractor must be EPA registered and/or authorized by the Department. Transport, handling, and use of all pesticides shall be in strict accordance with the manufacturer's label instructions; all applicable U.S. Federal laws and regulations; and any applicable international or host country laws and regulations. The Contractor is responsible for providing the COR with copies of the Material Safety Data Sheets (MSDS sheets) for all pesticides proposed to be used and to ensure it retains a copy so that protective measures and/or spills may be properly addressed.

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. LOCATION FOR GARDENING SERVICES

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

Location and Area Size:

1. Ambassador’s Residence (CMR) = 27,006 sqm.

2. New Office Building (NOB) = 21,020 sqm.

3. Embassy Annex Office Bldg. (EOB) = 28,927 sqm. (including Ruam Rudee

Mansion)

4. Rajdamri Compound = 42,887 sqm.

Total area size: 119,840 sqm.

2. WORKING HOURS

All work shall be performed during 7:00AM through 4:00PM, Monday through Saturday 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 hours 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 QUANTITY DELIVERY DATE DELIVER TO:

Insurance 1 10 days after award Contracting Officer

Grounds Maintenance Plan 1 30 days after award COR and annually thereafter

List of Personnel 1 10 days after award COR

Transition Plan 1 10 days after award COR

Payment Request 1 monthly 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 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., for the purposes 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 system.

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 30 - 45 days to perform. For each individual the list shall include:

• Full Name

• Place and Date of Birth

• Current Address

• Identification number

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.

The Contractor shall provide uniforms for all personnel working on Embassy grounds. Proposed uniforms are subject to approval by the Embassy.

The Contractor shall provide safety equipment to employees. Ensuring all employees are trained on the proper use of safety equipment is also the responsibility of the Contractor. Ensuring all employees utilize provided safety equipment is also the responsibility of the Contractor.

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 $16,666.00 equivalent to 500,000 Baht Cumulative $33,333.00 equivalent to 1,000,000 Baht

2. Property Damage stated in US Dollars:

Per Occurrence $16,666.00 equivalent to 500,000 Baht Cumulative $33,333.00 equivalent to 1,000,000 Baht

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.

8.0 TRANSITION PLAN

Within ten (10) days after contract award, the Contracting Officer may ask the Contractor to develop a plan for preparing the new 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.

9.0 (a) 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.

Performance Objective Scope of Work Para Performance Threshold Services.

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

1. thru 8.

All required services are performed and no more than two

(2) customers complaint are received per month.

(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.

(c) STANDARD. The performance standard is that the Government receives no more than two (2) customers 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.

(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 1

GOVERNMENT FURNISHED PROPERTY

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

A. Utilities: Water supply (from Klongs and City) and electricity will be provided by the U.S.

Embassy Bangkok.

B. Facilities: A small facility for storage and uniform changing at NOB, EOB, CMR and Rajdamri compounds will be furnished by the Government.

Storage: These small facilities will primarily be used by the Contractor as a place for storing gardening/grounds keeping equipment (i.e. lawn mowers, rakes, sheers, hoes, fire extinguisher) and for employees to change into and out of uniforms. Chemicals, fertilizers, fuels or cooking implements are NOT allowable for storage. Only COR approved chemicals (fertilizers, fungicides, pesticides) may be brought onto government compounds for immediate usage.

Cleaning these facilities will be the responsibility of the Contractor. Facilities shall be locked by the Contractor when not in use; a separate set of keys will also be provided to the COR. The COR reserves the right to access these areas for necessary inspection at any time. The Contractor will maintain the storage facilities.

This is a list of the specific storage areas which will be provided at each location:

• NOB: A room next to the rear CAC (15 square meters)

• EOB: A room next to the Preventive Maintenance Office Building (20 square meters)

• CMR: A small building next to the tennis court (20 square meters)

• Rajdamri: A room next to the PSA/ATO building (30 square meters)

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT

2018) AND (DEVIATION 2017-02) (JUNE 2017), is incorporated by reference (see SF-1449, Block 27A).

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (AUG 2020)

(Amendment 0003, Dated Oct. 2, 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(Amendment 0003, Dated Oct. 2, 2020)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C.644).

__ (ii) Alternate I (MAR 2020).

https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (MAR 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-14-limitations-subcontracting#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-16-liquidated-damages-subcontracting-plan#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-27-notice-service-disabled-veteran-owned-small-business-set-aside#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874…