Bucharest Gardening Services - NEC.pdf

TABLE OF CONTENTS

SECTION 1 – THE SCHEDULE

SF 1449 cover sheet Continuation To SF-1449, RFQ Number 19R01026Q0005, Prices, Block 23 Continuation To SF-1449, RFQ Number 19R01026Q0005, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement Attachments:

EXHIBIT A - LOCATIONS FOR GARDENING SERVICES

EXHIBIT B – STANDARD FORM 1449 (SF 1449)

EXHIBIT C – MONTHLY LAWN MAINTENANCE REPORT TEMPLATE

EXHIBIT D – MEASUREMENTS FOR THE GARDENING AREAS

EXHIBIT E – PROPOSED CALENDAR PROCEDURES FOR THE LAWN (NEC)

EXHIBIT F – MAINTENANCE REQUIREMENTS FOR THE NEC SOUTH AND WEST

SIDE LAWN

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

RFQ NUMBER 19R01026Q0005

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, Bucharest. 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 performance period of this contract is from April 1st, 2026, and continues for 12 months, with two (2), years options to renew. The initial period of performance includes any transition period authorized under the contract.

2. PRICING

All prices shall be stated in Romanian Leu

2.1. 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 (Starting April 1, 2026, March 31, 2027)

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

Total

1a. NEC gardening works (March to November) 9 months * **

1b. NEC gardening works (March to November) 3 months * **

3. 21% VAT

4. Base Year Total for Standard Services plus VAT

*[Offeror/Bidder: Insert price]

**[Offeror/Bidder: Insert total price]

2.3. FIRST OPTION YEAR PRICES (Starting April 1, 2027, through March 31, 2028)

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

Monthly Price

Total

1a. NEC gardening works (March to November) 9 months * **

1b. NEC gardening works (December to February) 3 months * **

4. First Option Year Fixed Price for Standard Services plus

VAT

2.4. SECOND OPTION PRICES (Starting April 1, 2028, through March 31, 2029)

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

Monthly Price

Total

1a. NEC gardening works (March to November) 9 months * **

1b. NEC gardening works (December to February) 3 months * **

4. Second Option Year Fixed Price for Standard Services plus VAT

**[Offeror/Bidder: Insert total price

2.5. GRAND TOTAL

Base Year *

First Option Year *

Second Option Year *

Grand Total – Base plus All Options **

CONTINUATION TO SF-1449

RFQ NUMBER 19R01026Q0005

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

The purpose of this contract is to obtain gardening services for new Embassy compound at U.S.

Embassy Bucharest, Romania.

1.1. GENERAL REQUIREMENTS

The Contractor shall perform Gardening services, including furnishing all labor, material, equipment, and services, for the U.S. Embassy of Bucharest. The price listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit.

This is a fixed-price contract for gardening services for the U.S. Embassy Bucharest.

The Government will pay the Contractor the fixed price per month for standard services that will be 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 continues for 12 months with two years’ options to renew

1.2. MANAGEMENT AND SUPERVISION

1.2.1. SUPERVISION

The Contractor shall designate a representative who shall always be responsible for on-site supervision of the Contractor’s workforce. 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.

The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Each Contractor employee shall adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. 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 cost to the Government.

Personnel. The Contractor shall furnish managerial, administrative, and direct labor personnel to accomplish all work required by this contract. The Contractor shall provide a qualified work force capable of providing the services required by the contract, ensure that their employees are properly trained, licensed and/or certified to operate necessary building systems or equipment for which licensed and/or certified personnel are required by Federal, State, or local laws, codes, or ordinances.

Uniform and Personal Equipment. The Contractor's employees shall wear clean, neat, and complete uniform when on duty. All employees shall wear uniform approved by the Contracting Officer's Representative (COR). The Contractor shall provide, to each employee and supervisor, uniform, and personal equipment. The Contractor shall be responsible for the cost of purchasing, cleaning, pressing, and repair of the uniform.

Neglect of duties shall not be condoned. This includes 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.

The Contractor shall not condone disorderly conduct, use of abusive or offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

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 which produce similar effects.

Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These circumstances 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; organizing or participating in gambling in any form; and misuse of weapons.

Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, or other areas, for the purposes of this contract. Keys shall not be duplicated without the COR's approval. Where the Government determines that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from performing work under the 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 so compromised.

1.2.2. 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, and/or the tenants or staff of the Post. The Contractor shall allocate sufficient resources to meet the terms and conditions of the contract. The Contractor shall deliver standard services between the hours of 08:00 and 16:00 Monday through Friday. 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.

April 10 Friday Orthodox Good Friday RO

April 13 Monday Orthodox Easter Monday RO

May 1 Friday Workers’ Day RO

May 25 Monday Memorial Day US

June 1 Monday Orthodox Pentecost Monday RO

June 19 Friday Juneteenth US

July 3 Friday Independence Day US

September 7 Monday Labor Day US

October 12 Monday Columbus Day US

November 11 Wednesday Veterans Day US

November 26 Thursday Thanksgiving Day US

November 30 Monday St. Andrew’s Day RO

2. 2026

December 1 Tuesday Romanian National Day RO

December 25 Friday Christmas Day US/RO

January 1 Friday New Year’s Day US/RO

January 6 Friday Epiphany RO

January 18 Monday Martin Luther King Jr. Day US

February 15 Monday President’s Day US

1.3 ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT

General. The Contractor shall designate a representative who shall supervise the Contractor's employees and be the Contractor's liaison with the U.S. Embassy. The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes.

Contractor employees shall have access to the elevators' hoist-ways, lobbies and machine rooms, either with security escorts, only with specific permission by either the Contracting Officer (CO) or the Contracting Officer Representative (COR).

C.O. Kyle J. MISSBACH (04-021-200-

3677) EMBASSY OF UNITED

STATES OF AMERICA 4-6, LIVIU

LIBRESCU Blvd., 1st DISTRICT, 015118 BUCHAREST, ROMANIA

C.O.R. VIOREL NEGOESCU (04-021-200-

3564) EMBASSY OF UNITED

STATES OF AMERICA 4-6, LIVIU

LIBRESCU Blvd., 1st DISTRICT, 015118 BUCHAREST, ROMANIA

ALTERNATE POINT OF CONTACT:

BOGDAN MUJA (04-021-200-3681)

e-mail address: MujaBX@state.gov;

i. In the case that a maintenance visit corresponds to a Romanian or American holiday or a local event, the Embassy Staff has the right to postpone the visit.

The visit shall not be cancelled but shall be rescheduled within the same week. The Contractor will propose the new dates in writing.

ii. In the event that a maintenance visit cannot be performed due to bad weather, the visit shall not be cancelled but shall be rescheduled for the same week. If this is not possible, the missed visit shall be recorded and rescheduled for a later date. The Contractor will propose the new dates in writing.

iii. WEEKLY MEETINGS

2. The Contractor’s representative shall participate in weekly scheduled meetings with the COR. The day before a meeting, the Contractor shall deliver a performance schedule covering the work that was performed during the previous week and what is planned for the upcoming week.

i. QUALITY CONTROL

3. 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.

i. TECHNICAL GUIDANCE

4. 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.

i. GROUNDS MAINTENANCE PLAN

5. The Contractor shall submit an annual Grounds Maintenance Plan that reflects the proposed frequency of planting and maintenance 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, and shall include a plan for pest, rodent and disease control. The Contractor shall submit the Grounds Maintenance Plan to the COR for approval within 30 days after contract award.

i. PLANTING SCHEDULE

6. The Contractor is responsible for submitting an annual Planting Schedule Plan that reflects the approximate dates of planting. The Contractor shall submit the Planting Schedule Plan to the COR for approval within 30 days after contract award. Planting Schedule is identified in Attachment 1.

1.0 PERFORMANCE WORK STATEMENT (PWS) – GARDENING SERVICES

1.1. Definitions

“Above-Standard Services” are services not covered in the monthly price of the contract.

Contractor prices include all applicable labor, materials, supplies, training/certifications, equipment (except as otherwise provided), supervision, and management.

“Acceptance” constitutes acknowledgment that the supplies or services required in the contact conform to applicable contract quality and quantity requirements.

“Approval” means the Government has reviewed the submittals, deliverables, or administrative documents [e.g., insurance certificates, Material Safety Data Sheets (MSDS) etc.], and has determined that the documents conform to contract requirements. Government approval shall not relieve the Contractor of responsibility for complying with Federal, State, and local laws and regulations.

"Chancery" means the building of the Embassy Compound used for official activities.

"Contracting Officer" means a person appointed with the authority to enter in and administer contracts on behalf of the Government. The CO alone, without delegation, is authorized to act on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules. However, the CO may delegate certain other responsibilities to authorized Government representatives.

"Contracting Officers' Representative (COR)" means an individual designated in writing by the Contracting Officer to perform specific contract administration functions. The CO uses CORs are the primary Government representatives for the administration of the contract.

CORs shall have proper training and experience in inspecting contracts, but do not have the authority to modify the contract.

"General Instructions" mean those instructions, directives and guidelines that apply to all gardening personnel. "Government" means the Government of the United States of America.

“PPE” stands for personal protective equipment.

“POSHO” Post Occupational Safety and Health Officer

1.2 . Objectives and scope

General. This contract is for gardening services with a Performance-Based Statement of Work (PBSOW) for the U.S. Embassy located in Bucharest, Romania. As a performance-based contract, the requirements are stated in terms of desired results with associated quality standards. The contract consists of two major functional areas: standard services and above-standard services.

The contractor shall:

a. Furnish all personnel, labor, equipment, materials, tools, supplies, supervision, management, training/certifications, and services, except as may be expressly set forth as Government furnished and otherwise accomplish all actions necessary to or incident to perform and to provide the work efforts described in the contract.

b. Be responsible for making management and operational decisions to meet the quality performance standards required under this contract.

1.3 WORK REQUIREMENT

General. This is a performance-based contract for gardening services for the U.S.

Embassy Bucharest. 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.

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 one Year (12 month) with two options year to renew.

Personnel. The Contractor shall furnish managerial, administrative, and direct labor personnel to accomplish all work required by this contract. Permanent personnel in each location are required to present SOW and tasks to be performed. The Contractor shall conduct risk assessment for the operations/activities to perform and provide the designated personnel all necessary PPE and safety.

Materials and equipment. To perform the work, Contractor shall furnish all equipment including vehicle fuel, consumables and labor required to accomplish the work in this service agreement.

General requirements. Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S.G. and properties are an important part of the representational responsibilities of the U.S. Bucharest. The Contractor’s work will be measured by the appearance of the landscape covered by this contract. The Contractor shall perform complete gardening, landscape maintenance services, as described in this contract for new Embassy coumpound.

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 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.

1.4 SERVICES

a. Lawn care

i. The method, frequencies, and dates of grass cutting, hedging, trimming, weeding, and turf repair shall be part of the Contractor's Grounds Maintenance Plan, proposed to and approved by the CO/ COR.

ii. Grass cutting. The Contractor shall maintain the height of grass between 3.5 to 4.5 centimeters. The Contractor is responsible for all equipment and fuels needed to complete this task.

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

iv. 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.

v. 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.

vi. Turf repair and re-establishment. The Contractor shall, whenever necessary, repair areas damaged by embassy organized events, vehicular traffic, oil and gas, building repairs, and normal foot traffic. The damaged area will be filled in and leveled and then seeded or sodded and maintained to conform to adjacent areas, as needed.

b. Pruning

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

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

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

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

1. Direct and encourage plant growth in directions desired,

2. Remove dead and unsightly growth, and

3. Maintain a neat and attractive appearance.

v. 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 attribute to the Contractor.

c. Leaves removal

i. The Contractor shall, on needed basis, remove leaves and pine needles from new Embassy compound.

d. Recycled materials

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

e. Removal of debris

i. The Contractor shall remove foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, cigarettes and trash from the maintained areas including alleys, walkways, stairways and curbs within or adjacent to the green areas, all around garden.

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.

f. Watering

i. 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.

ii. The Beneficiary shall furnish the supply of watering water.

iii. The Contractor shall present the method, frequencies, and weekdays (dates) of watering in a written schedule in The Grounds Maintenance Plan. The schedule shall consider the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements.

iv. The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment. The Contractor shall also provide small repairs on irrigation system like replacing broken parts. When needed Beneficiary will purchase any major materials.

v. The responsibility for monitoring the operation of the entire irrigation system, in accordance with the sprinkler watering program approved for each area, lies with the NEC team and their coordinators.

vi. The Beneficiary shall monitor the irrigation system throughout the property to ensure the irrigation system is functioning and free from leaks, broken parts, damage, malfunctioning of the irrigation system.

g. Fertilizer

i. 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.

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

iii. by the Embassy’s POSHO or their representative. At no time should chemicals be used on any US Government property without approval.

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

v. The Contractor shall apply weed killer at least once a year. If weed killer is not required, the Contractor shall request a waiver in writing from the COR. The type of weed killer shall be approved by the Embassy’s POSHO or their representative. At no time should chemicals be used on any US Government property without approval.

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

h. Pest and disease control

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

ii. The Contractor shall maintain a program for controlling pests and plant diseases to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The Contractor shall obtain approval of the Embassy’s POSHO or their representative for all pesticides, before use. At no time should chemicals be used on any US Government property without COR and POSHO approval.

i. Hazardous and toxic substances

i. It is the Contractor's full 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 based on both Romanian legislation in force and US standards in this field, after Embassy contract representatives’ approval.

j. Personal protective equipment (PPE)

i. The Contractor is in charge with PPE for all his employees according to risk assessment of each performed operation. Beneficiary has the right to stop contract performance without payment, in case of PPE missing.

k. Temporary additional services

i. Temporary additional services are services that are definite as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post. Contractor shall provide these services in addition to the scheduled services required by section B of this SOW. The COR shall order these services as needed. This work will be performed by trained employees of the Contractor and shall not be subcontracted. The COR may require the Contractor to provide temporary additional services with 48-hour advance notice.

ii. The Contractor shall include in its next regular invoice details of the temporary additional services and any materials 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.

l. Scarification

i. The Contractor will proceed to the scarification of the lawn twice a year (i.e.: March- April and September-October or on Contractor’s proposed schedule) or any other time is necessary.

m. Reporting

i. The Contractor will give monthly reports, with all the operations done, based on the General Maintenance Plan, to prove that all the activities are performed in due order.

n. Checklists

i. The Contractor and The Beneficiary, by their representatives, will proceed weekly or twice a month (if there are no major weather condition changes) to a general checking of the property, to prove that all the operations are properly executed. The invoicing is conditioned by the solving of all deficiencies that will be found.

ii. A template of such report is listed in Section D, Exhibit D.

o. Quality Assurance and Surveillance Plan (QASP)

i. 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 CO 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.

p. Quality Assurance

i. As the works are completed, a delivery – receipt note (or e-mail), will be drawn to US Embassy representative regarding the completion of each job.

q. LAWN REGULAR MAINTENANCE WORKS

i. These are a set of minimum typical procedures to be regularly performed on the grass areas, they are compulsory, and they are the contractor responsibility.

r. Irrigation

i. To be performed regularly, according to the season and the need of the plants. The responsibility for monitoring the operation of the entire irrigation system, in accordance with the sprinkler watering program approved for each area, lies with the NEC team and their coordinators.

ii. The necessary quantity of water will be adjusted based on the rain volume received by the grass area.

iii. The proposed irrigation schedule will be amended by the local conditions at any given time.

iv. The Contractor shall strictly follow the NEC Garden Irrigation Sprinkler Operating Procedure during daily activities and events organized by the US Embassy in Bucharest to avoid incidents with the irrigation system that could disrupt said activities and events.

The approved watering program is the core document used for gardening services provided and is amended under the following circumstances:

1. Single events organized in the outdoor space of the NEC.

2. Recurring events (i.e. weekly Soccer on the lawn etc.) organized under a periodic frequency in a specific area of the NEC during the warm season.

s. Mowing the grass

i. Will be performed regularly, according to the season, the growth rate and the use of the grounds.

ii. The grass will be maintained cut at a height of 3.5 to 4.5 cm (1” ⅜ to 1” ¾). For each cutting process, no more than 1/3 of the grass blade length will be removed. The number of the cutting passes shall be adjusted to maintain the grass at a height of maximum 3.5 to 4.5 cm.

iii. The lawn mower should always have sharp blades.

iv. All mowers will have collecting baskets, and the cut grass will be disposed of the Embassy premises by the contractor at his expenditure.

v. The lawn mowers used will be suitable for the purpose of the maintenance procedure needed (current and in preparation of scheduled events).

vi. The Contractor will perform the lawn mowing in such manner as:

1. to keep the adequate grass height

2. to stimulate the growth of the grass

3. to preserve an aesthetic aspect.

t. Recovery after events performed on the lawn

i. These services mean the repair of the small surfaces damaged during the event (i.e.:

Independence Day Celebration): broken and pulled off grass and damage of the soil (that is level and flatness damage).

ii. Recovery after the event means repairing the structure of the soil and filling the surface with a mixture of sand and grass seeds. The area will then be watered, to facilitate grass germination and growth.

iii. For damaged sections larger than 15 – 20 cm (6 to 8 inches) the repair can be performed using grass rolls. Grass rolls used should observe the original floristic and soil structure.

EXCEPTIONAL MAINTENANCE WORKS

a. Soil aeration and loosening

i. To be performed regularly, to lessen the degree of soil compactness, to improve the gases exchange between soil and surrounding air, also to improve the draining flow and the access of roots within the soil.

b. Technological treatment with drainage substances

i. To be performed regularly to obstruct / cover the shallow to average holes resulted in the aeration

c. Re-seeding and over-seeding

i. It is performed if needed, to correct / maintain the grass density and consistency.

To execute whenever the grass density decreased under 90%. Use licensed seeds, with identical composition as the original lawn.

d. Diminishing moss

i. To be performed disposing of the decaying organic debris at the base of the grass stem. The job will be performed using specific equipment.

e. Treatments against lawn diseases and pests

i. To be performed either preventive or curative. The active chemicals are selected according to the disease / pest involved and they must be approved for lawn treatment. Preventive treatments use a larger range of chemicals. Only lawn use approved/certified (by the manufacturer and Embassy designated contact person) chemicals will be employed; the quantity and dosage will observe the manufacturer’s directions, mentioned on the product label or pamphlet, and the application will be mechanical.

f. Selective herbicide (weed killers) treatment

i. To be performed to fight invading weeds (any plant growing on the lawn, different of the species included within the design lawn). The treatment should be curative, applied any time it is needed, locally or in all the grass area. Only lawn use approved chemicals will be employed; the quantity and dosage will observe the manufacturer’s directions, mentioned on the product label or pamphlet, and the application will be mechanical.

g. Fertilization recovery

i. To be performed only during the grass active growing, by applying specific fertilizing materials to boost the plant needed nutrient.

h. SPECIFIC REQUIRED ACTIONS WHEN LAWN IS USE FOR EVENTS

i. Antifungal treatment

i. One antifungal treatment before the Embassy scheduled large events (i.e.:

Independence Day Celebration).

j. Replace the grass layer

i. Replace the grass layer on the areas damaged beyond recovery with grass rolls matching the existing one.

k. Aeration

If needed apply a shallow aeration followed by overseeding and sand spread.

A list of all the chemicals considered by the bidder needed to be used for the purpose of this work statement shall be included in the Contractor scope of supply.

Prior to using them, the Contractor shall submit to the Embassy Contract responsible person (COR and POSHO) all the Material Safety Data Sheets (MSDS) and legal agreements to be approved for usage within the Embassy locations.

The bidder must propose a Grounds Maintenance Plan Detailed specifics info on locations for gardening services will be collected during the site visit to be organized for the bidders.

2 WORKING HOURS

All work shall be performed between 08:00 and 16:00 on Mondays through Fridays except for the holidays identified in the Addendum in Section 2. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 24-hour advance notice to the COR who will consider any deviation from the hours identified above.

3 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 10 days after award COR

List of Personnel 1 10 days after award COR

Transition Plan 1 10 days after award COR

Performance Schedule 1 weekly 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.

4.2.5. 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 10 days to perform. For each individual the list shall include:

Full Name Place and Date of Birth Current Address Identification number (CPR 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.

4.4.3. SECURITY BACKGROUND CHECK

Contracted personnel are required to obtain a Security Certification from the Regional Security Office. This includes submitting of a Security Certification Request, copies of official government issued ID, undergo a background check by the Regional Security Office and a Police record check by National Law Enforcement Agencies. All contracted personnel require approval by the Regional Security Officer prior to working on any government property.

5 MATERIALS AND EQUIPMENT

5.2 The Contractor shall provide all necessary gardening supplies and equipment, including rakes, lawn mowers, hoe, pitchfork, pruning sheers, fertilizers to perform the work under this contract.

6 INSURANCE

6.2 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:

6.3 GENERAL LIABILITY

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

1. Bodily Injury stated in USD ($):

Per Occurrence 50,000 Cumulative 100,000

2. Property Damage stated in USD ($):

Per Occurrence 50,000 Cumulative 100,000

6.4 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 provided by law or sufficient to meet normal and customary claims.

6.5 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.

6.6 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.

6.7 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.

6.8 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.

6.9 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

7.2 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.

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

8 TRANSITION PLAN

Within 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 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 one

(1) customer complaint is received per month.

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

9.3 Standard. The performance standard is that the Government receives no more than one

(1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

9.4 Procedures.

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

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

(c) If the COR determines the complaint is invalid, the COR will advise the complainant.

The COR will retain the annotated copy of the written complaint for his/her files.

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

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

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

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

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

GOVERNMENT FURNISHED PROPERTY

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

Utilities: Water and electricity.

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(NOV 2023) IS INCORPORATED BY REFERENCE.

(SEE SF-1449, BLOCK 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)

(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 products and commercial services:

(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(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 products and commercial services:

_XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

(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.)

_XX_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_XX_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_XX_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec

(ii) Alternate I (Dec 2023) of 52.204-30.

_XX_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting…