Gardening solicitation - 05-04-2012.doc

SOLICITATION, OFFER AND AWARD

1 | 31

2. CONTRACT (Proc. Inst. Ident.) NO.

3. SOLICITATION NO.

SCG500-12-R-0002

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE

8. ADDRESS OFFER TO (If other than item 7) American Embassy Kinshasa

American Embassy Kinshasa

GSO/Procurement Office

498 Avenue Colonnel Lukusa

Kinshasa, Democratic Republic of Congo Fax: 243-81-556-0174 Attn: Julia S. Dillard (SCG500-12-R-0002); 498 Avenue Colonel Lukusa, Kinshasa, Democratic Republic of Congo

NOTE: In sealed bid solicitation "offer" and "offeror” mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified, in the repository located in GSO/Proc until June 6, 2012 local time 16:00 (hour) (date)CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-1. All offers are subject to all tems and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME:

Julia S. Dillard

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER

243 81-556-0151 Ext. 2476

C. E-MAIL ADDRESS

DillardJS@state.gov

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (120 calendar days unless a different period is inserted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

SEE 14

(See section I, Clause No 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

(The offeror acknowledges receipt of amendments to the solicitation and related documents ) numbered and dated:

15A.

NAME

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED

AND

ADDRESS

OF

OFFEROR

TO SIGN OFFER (Type or print)

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS [ ]

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7) CODE

25. PAYMENT WILL BE MADE BY: EFT CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this form, or on the Standard Form 26, or by other authorized official written notice.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide gardening and pool maintenance services for the U.S. Embassy Kinshasa.

B.2 TYPE OF CONTRACT

This is a fixed price contract for standard services, and also for temporary additional services based on time and materials.

B.3 TYPES OF SERVICES

(a) Standard Services. The Contractor shall provide standard gardening services as specified in Section C for properties listed in Exhibit A.

(b) Temporary Additional Services. The Contractor shall provide Temporary Additional Services when requested by the Contracting Officer's Representative (COR) through a written order, but not to exceed the ceiling price without the Contracting Officer’s approval. Temporary Additional Services delivered shall be in addition to the Standard Services, and shall be priced at the unit price shown below. The tasks to be accomplished shall be additional quantities of the same tasks described in Section C.

B.4 PRICING

(a) The Government will pay the Contractor a fixed price per month for Standard Services that have been satisfactorily performed. The Government will also pay the Contractor for Temporary Additional Services ordered each month by the Government for satisfactorily completed work.

(b) In addition to all direct (labor, equipment, materials) and indirect costs (overhead, general and administrative expenses), the Contractor shall include any premium pay for services required on holidays only in the fixed prices for Standard Services. The Contractor shall include any premium pay for overtime only in the fixed rates for Temporary Additional Services.

(c) The Government will also reimburse the Contractor at the purchase price for any materials or equipment ordered by the Government for Temporary Additional Services.

(d) The cost of Workers’ Compensation War-Hazard Insurance Overseas (See Section I, FAR 52.228-4) is not reimbursable and shall be included in the Contractor’s rates.

(e) The Government will make payment in U.S. Dollars.

B.5 BASE YEAR PRICES

(a) Standard Services - Gardening. The fixed price for the first year of the contract (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months) is:

· GB Compound - common area ____________ USD/Month

· Panorama _____________ USD/Month

· Cork Tree

_____________ USD/Month

· 27 Pumbu _____________ USD/Month

Total per month:

USD ______________

Per Year __________ X 12 = USD_______________

(b) Standard Services – Pool maintenance. The fixed price for the first year of the contract (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months) is

· Ambassador’s Residence (CMR) _________ USD/Month

· DCM’s Residence (DCR) _________ USD/Month

· Panorama Building _________ USD/Month

_________ USD/Month

· 110 Dongo

· 27 Pumbu

__________ USD/Month

· 93 a/b Roi Baudouin

Total Per Month

USD __________

Per Year ________ x 12 =

USD __________

(b) Temporary Additional Services.

(i) This is a fixed price indefinite-delivery, indefinite-quantity type portion of the contract. Orders will be placed by firm-fixed price task orders. For each year of the contract, the U.S. Government guarantees a minimum order of 50 hours. The maximum amount of gardening, pool maintenance and trees cutting services each year of this contract will not exceed 3,000 hours.

Individual purchases shall be documented as follows:

American Embassy Kinshasa

Contract No. ___________

Task no. ________; location _______

Kinshasa, Democratic Republic of Congo 1.

Vacant Properties

Hourly Rate USD _____ Estimated Number of Hours per Year 1,000 hours

2.

Tree cutting services

Hourly Rate: USD

Estimated Number of Hours per Year 1,500 hours (ii) Pool Maintenance

Hourly Rate: USD

Estimated Number of Hours per Year 500 hours

Total on additional services is USD ___________

(c) Materials or equipment. The Government will reimburse the Contractor for any materials or equipment that the Government orders to be delivered in conjunction with any order for Temporary Additional Services. All reimbursements shall be at the Contractor's out of pocket cost, with no overhead, profit, or other charge added.

Material/Equipment Not to Exceed Per Year: $1000.00

TOTAL for BASIC Not to Exceed: USD ___________

B.6 FIRST OPTION YEAR PRICES

Option Term: Twelve (12) Months

(a) Standard Services - Gardening. The fixed price for the second year of the contract (starting after the basic year period and continuing for a period of 12 months) is:

· GB Compound - common area ____________ USD/Month

(b) Standard Services – Pool maintenance. The fixed price for the second year of the contract (starting after the basic year and continuing for a period of 12 months) is

· Ambassador’s Residence (CMR) _________ USD/Month

· DCM’s Residence (DCR) _________ USD/Month

________ x 12 =

(c) Temporary Additional Services. (i) This is a fixed price indefinite-delivery, indefinite-quantity type portion of the contract. Orders will be placed by firm-fixed price task orders. For each year of the contract, the U.S. Government guarantees a minimum order of 50 hours. The maximum amount of gardening, pool maintenance and trees cutting services each year of this contract will not exceed 3,000 hours.

Individual purchases shall be documented as follows:

American Embassy Kinshasa

Contract No. ___________

Task no. ________; location _______

Kinshasa, Democratic Republic of Congo

The hourly fixed price for temporary additional services is:

(i) Gardening Services 1.

Vacant Properties

Hourly Rate USD _____ Estimated Number of Hours per Year 1000 hours

2.

Tree cutting services

Hourly Rate: USD_____ Estimated Number of Hours per Year 1500 hours (ii) Pool Maintenance

Hourly Rate: USD____

Estimated Number of Hours per Year 500 hours

Total on additional services is USD ___________

(d) Materials or equipment. The Government will reimburse the Contractor for any materials or equipment that the Government orders to be delivered in conjunction with any order for Temporary Additional Services. All reimbursements shall be at the Contractor's out of pocket cost, with no overhead, profit, or other charge added.

Material/Equipment Not to Exceed Per Year: $1000.00

TOTAL for first year option is Not to Exceed: USD ___________

B.7 SECOND YEAR OPTION PRICES

Option Term: Twelve (12) Months

(a) Standard Services - Gardening. The fixed price for the third year of the contract (starting after the 2nd year period and continuing for a period of 12 months) is:

· GB Compound - common area ____________ USD/Month

(b) Standard Services – Pool maintenance. The fixed price for the third year of the contract (starting after the second year and continuing for a period of 12 months) is

· Ambassador’s Residence (CMR) _________ USD/Month

· DCM’s Residence (DCR) _________ USD/Month

(c) Temporary Additional Services. (i) This is a fixed price indefinite-delivery, indefinite-quantity type portion of the contract. Orders will be placed by firm-fixed price task orders. For each year of the contract, the U.S. Government guarantees a minimum order of 50 hours. The maximum amount of gardening, pool maintenance and trees cutting services each year of this contract will not exceed 3,000 hours.

Individual purchases shall be documented as follows:

American Embassy Kinshasa

Contract No. ___________

Task no. ________; location _______

Kinshasa, Democratic Republic of Congo The hourly fixed price for temporary additional services is:

(i) Gardening Services 1.

Vacant Properties

Hourly Rate USD _____ Estimated Number of Hours per Year 1,000 hours

2.

Tree cutting services

Hourly Rate: USD_____ Estimated Number of Hours per Year 1,500 hours (ii) Pool Maintenance

Hourly Rate: USD____

Estimated Number of Hours per Year 500 hours

Total on additional services is USD ___________

(d) Materials or equipment. The Government will reimburse the Contractor for any materials or equipment that the Government orders to be delivered in conjunction with any order for Temporary Additional Services. All reimbursements shall be at the Contractor's out of pocket cost, with no overhead, profit, or other charge added.

Material/Equipment Not to Exceed Per Year: $1000.00

TOTAL for the second year option is Not to Exceed: USD ___________

B.8 THIRD OPTION YEAR

Option Term: Twelve (12) Months

(a) Standard Services - Gardening. The fixed price for the fourth year of the contract (starting after the third year period and continuing for a period of 12 months) is:

· GB Compound - common area ____________ USD/Month

(b) Standard Services – Pool maintenance. The fixed price for the fourth year of the contract (starting after the third year and continuing for a period of 12 months) is

· Ambassador’s Residence (CMR) _________ USD/Month

· DCM’s Residence (DCR) _________ USD/Month

(c) Temporary Additional Services. This is a fixed price indefinite-delivery, indefinite-quantity type portion of the contract. Orders will be placed by firm-fixed price task orders. For each year of the contract, the U.S. Government guarantees a minimum order of 50 hours. The maximum amount of gardening, pool maintenance and trees cutting services each year of this contract will not exceed 3,000 hours.

Individual purchases shall be documented as follows:

American Embassy Kinshasa

Contract No. ___________

Task no. ________; location _______

Kinshasa, Democratic Republic of Congo The hourly fixed price for temporary additional services is:

(i) Gardening Services 1.

Vacant Properties

Hourly Rate USD _____ Estimated Number of Hours per Year 1,000 hours

2.

Tree cutting services

Hourly Rate: USD_____ Estimated Number of Hours per Year 1,500 hours (ii) Pool Maintenance

Hourly Rate: USD____

Estimated Number of Hours per Year 500 hours

Total on additional services is USD ___________

(d) Materials or equipment. The Government will reimburse the Contractor for any materials or equipment that the Government orders to be delivered in conjunction with any order for Temporary Additional Services. All reimbursements shall be at the Contractor's out of pocket cost, with no overhead, profit, or other charge added.

Material/Equipment Not to Exceed Per Year: $1000.00

TOTAL for the third year option is Not to Exceed: USD ___________

B.9 FOURTH Option Term: Twelve (12) Months

(a) Standard Services - Gardening. The fixed price for the fifth year of the contract (starting after the fourth year period and continuing for a period of 12 months) is:

· GB Compound - common area ____________ USD/Month

(b) Standard Services – Pool maintenance. The fixed price for the fifth year of the contract (starting after the fourth year and continuing for a period of 12 months) is

· Ambassador’s Residence (CMR) _________ USD/Month

· DCM’s Residence (DCR) _________ USD/Month

· 93 A/B Roi Baudouin

(c) Temporary Additional Services.

This is a fixed price indefinite-delivery, indefinite-quantity type portion of the contract. Orders will be placed by firm-fixed price task orders. For each year of the contract, the U.S. Government guarantees a minimum order of 50 hours. The maximum amount of gardening, pool maintenance and trees cutting services each year of this contract will not exceed 3,000 hours.

Individual purchases shall be documented as follows:

American Embassy Kinshasa

Contract No. ___________

Task no. ________; location _______

Kinshasa, Democratic Republic of Congo The hourly fixed price for temporary additional services is:

(i) Gardening Services 1.

Vacant Properties

Hourly Rate USD _____ Estimated Number of Hours per Year 1,000 hours

2.

Tree cutting services

Hourly Rate: USD_____ Estimated Number of Hours per Year 1,500 hours (ii) Pool Maintenance

Hourly Rate: USD____

Estimated Number of Hours per Year 500 hours

Total on additional services is USD ___________

(d) Materials or equipment. The Government will reimburse the Contractor for any materials or equipment that the Government orders to be delivered in conjunction with any order for Temporary Additional Services. All reimbursements shall be at the Contractor's out of pocket cost, with no overhead, profit, or other charge added.

Material/Equipment Not to Exceed Per Year: $1000.00

TOTAL for the fourth year option is Not to Exceed: USD ___________

B.10 GRAND TOTAL

Base Year Total:

First Option Year Total:

Second Option Year Total:

Third Option Year Total:

Fourth Option Year Total:

GRAND TOTAL (not to exceed):

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 PERFORMANCE WORK STATEMENT - GARDENING SERVICES

C.1.

Work Requirements C.1.1 General. This is a fixed-price contract for gardening and pool maintenance services for the U.S. Embassy Kinshasa. 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.

C.1.2 Personnel. The contractor shall provide a qualified work force capable of providing the services required by the contract.

C.2 Definitions "Chancery" means the building of the Post used for official activities.

“CMR” means the official residence of the Chief of Mission/Ambassador

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

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

"DCMR" means the official residence of the Deputy Chief of Mission

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

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

"SOR" means Senior Officers' Residence, including the residences of the Ambassador, Deputy Chief of Mission.

C.3 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 Contractor’s work shall be measured 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 Section J, Exhibit A. 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.

C.4 Management and Supervision C.4.1. 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.

C.4.2.

The Contractor shall maintain 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. Standard Services shall be delivered between the hours of 08:00 am and 16:00 pm, Mondays through Fridays. 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.

C.4.3. 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.

C.4.4. Technical Guidance. The Contractor shall have the services of a trained horticulturist with experience in the climate and soil conditions found locally to give technical guidance to the Contractor's work force and to develop and guide the Contractor's programs for lawn and tree care.

C.4.5. 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.

C.5. Lawn Care C.5.1. 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.

C.5.2. Edging. The Contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut.

C.5.3. 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.

C.5.4. 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 from the COR for all applications of weed killers.

C.5.5.

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

C.5.6.

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

C.6. Pruning C.6.1. The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers.

C.6.2. The Contractor shall prepare a written schedule, as part of the Grounds Maintenance Plan, showing the method, frequencies, and dates of pruning.

C.6.3. The Contractor shall prune all shrubs, vines, bushes, ground cover, and trees to:

· Direct and encourage plant growth in directions desired,

· Remove dead and unsightly growth, and

· Maintain a neat and attractive appearance.

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

C.6.4. 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.

C.7. Leaf Removal. The contractor shall remove leaves and pine needles from the properties listed in Exhibit A as long as needed during the entire period of the contract.

C.8. Recycled Materials. The Contractor shall promote recycled uses for lawn and tree debris in meeting other gardening needs, such as mulch and compost.

C.9. Removal of Debris. The Contractor shall remove foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash from the maintained areas including walkways, stairways and curbs within or adjacent to the area. The Contractor shall remove all debris and equipment from the work site before the end of each work day. 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.

C.10. Watering.

C.10.1. 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.

C.10.2. 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.

C.10.3. The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment.

C.10.4. The Government shall furnish the supply of water.

C.11. Fertilizer.

C.11.1. 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.

C.11.2. 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 by the COR.

C.11.3. The Contractor shall fertilize the lawn areas a minimum of two times per year.

C.11.4. The Contractor shall apply weed killer once a year. If weed killer is not required, the contractor shall request a waiver in writing from the COR. The type of weed killer shall be approved by the COR.

C.11.5. The Contractor shall fertilize trees, shrubs, bushes, hedges and plants a minimum of once a year.

C.12. 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.

C.12.1. The contractor shall present a plan for pest and disease control as a part of its Grounds Maintenance Plan.

C.13.

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.

C.14.

Temporary Additional Services are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post. The Contractor shall provide these services in addition to the scheduled services required by paragraph C.3 of this contract. The COR shall order these services as needed. This work shall 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 24 hour advance notice.

C.14.1.

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.

C. 15.

POOL MAINTENANCE SERVICES

(a) The contractor is required to maintain five swimming pools in addition to the original gardening services. Description follows:

C.15.1.

SCOPE OF WORK

The American Embassy Kinshasa requires the Contractor to maintain the pools identified in Attachment 1 in a proper operating condition. The Contractor shall provide all necessary managerial, administrative and direct labor personnel, and as well as all necessary transportation, equipment, tools, repair parts, supplies, consumables and materials required to perform inspection, maintenance, repair, and component replacement.

Normal maintenance and care of pools requires parts, materials and consumables for water treatment, pool facilities upgrade and the equipment maintenance. The contractor shall provide necessary pieces expeditiously to complete required maintenance and repairs. The mission pools average between 80,000 and 100,000 liters each, with painted concrete surfaces and a few with tiled surfaces. These pools have (or will have shortly) salt conversion chlorinators. The contractor shall have all products related to the pool maintenance approved by the COR prior to their usage.

C.15.2.

WATER TREATMENT

The contractor shall maintain swimming pool water in good, clear, clean and safe condition. It is extremely important to supply on a regular basis water treatment products such as chlorine, salt, algaecide, water clarifiers, PH plus and minus, chlorine stabilizers (typically iso-cynuric acid) etc…

The contractor shall test water each visit by an approved testing method, with the test results to be used to correct the water chemistry, any imbalances and to maintain appropriate levels as described below. Test for and adjust if necessary as identified in the note following section 2.4.2:

· PH balance to be between 7.2 and 7.8

· Total Alkalinity to be 150 ppm to 200 ppm

· Calcium hardness to be 200 ppm to 400 ppm

· Total dissolved solids to be less than 1500 ppm

· Salt level to be between 5,000 ppm and 6,000 ppm

· Free chlorine available at 1.0 ppm to 4.0 ppm.

· Total chlorine should not be more than 0.2 ppm

· Test for and add as necessary iso-cynuric acid on a monthly basis to maintain at least 30 ppm to 60 ppm

The contractor shall record all test results and products added to the water in a logbook kept at the pool and reported to the COR in a weekly report submitted via email by Tuesdays of the following week.

C.15.3.

POOL CLEANING AND EQUIPMENT REPAIR

The Contractor shall brush scrub walls, bottom and the pool deck at least once a week or more if necessary. Check the salt chlorinators each visit to ensure proper operation, clean the elements and probes of the salt chlorinators whenever needed, at least during the first visit of each month.

If problems exist, the Contractor shall report to the COR the same day by phone, email or in person with an offer to correct the problem. The contractor shall ascertain that required repairs are made in an expeditious manner and correctly.

The contractor shall also check the operation of pumps, filters and associated equipment each visit. Report any leaks or malfunctions to the COR the same day with an offer to correct the problem. The pool filters shall be backwashed each month. Prior to undertaking this requirement, the salt chlorinators shall be turned off. The contractor shall provide all needed and appropriate tools in good condition to complete the assigned work.

The Contractor shall ensure that the following functions are performed on a regular basis and shall report any problems encountered to the COR for immediate correction:

· Gates into the pool area swing freely and latch automatically

· The water level is mid-way on the skimmer where it should be

· The skimmer basket is clean and the basket is in good condition

· There is no sign of algae growing on the walls

· The water is crystal clear and not cloudy

· Leaves and debris have been removed from the pool and around the pool

· The ring buoy with attached line is mounted in the pool area

· The pool hook is mounted in the pool area.

· The straight pole is mounted in the pool area

· The pump is on and operating properly with no air bubbles in the clear chamber

· There are no leaks visible from the filter or any pipes

· The salt chlorinator appears to be on and working properly

· The floor is clean and dry

The swimming pools provide a primary source of social, recreational and exercise activity for the mission. Their care, maintenance and operations are of utmost importance to the Embassy and the American community at Post. The Contractor shall make all efforts to keep them fully usable and functional on a permanent basis.

C.16. TREE CUTTING SERVICES

The contractor will be required to cut trees or remove branches in office and residential buildings. The contractor shall have qualified personnel with appropriate safety equipment to undertake this work in a professional manner. For each task to be executed under this requirement, the contractor shall make an estimation of the number of hours required to undertake the task. The estimation shall be approved by the COR who will submit procurement requests for task orders to be executed by the Contracting Officer prior to the beginning of the work.

SECTION D - PACKAGING AND MARKING

Reserved

SECTION E - INSPECTION AND ACCEPTANCE

E.1

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an Internet “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.246-4

INSPECTION OF SERVICES -

AUG 1996

FIXED-PRICE

52.246-6

INSPECTION - TIME-AND-

MAY 2001

MATERIAL AND LABOR-HOUR

E.2

APPLICABILITY OF INSPECTION CLAUSES

FAR clause 52.246-4, Inspection of Services - Fixed-Price, applies to services provided under Standard Services. FAR clause 52.246-6, Inspection--Time-and- Materials and Labor-Hour, applies to services provided under Temporary Additional Services.

E.3 QUALITY ASSURANCE AND SURVELIANCE PLAN (QASP). This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Services.

Performs all gardening services set forth in the performance work statement (PWS) C.1 thru C.14

All required services are performed and no more than one (3) customer complaints are received per month

E.3.1 SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

E.3.2 STANDARD. The performance standard is that the Government receives no more than three (3) customer complaints 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 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), if any of the services exceed the standard.

E.3.3

PROCEDURES.

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

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

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

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

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

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

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

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

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an Internet “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-15

STOP-WORK ORDER

AUG 1989

52.242-15

STOP-WORK ORDER (ALT I)

APR 1984*

52.242-17

GOVERNMENT DELAY OF WORK

APR 1984

*APPLICABILITY OF STOP-WORK ORDER CLAUSES

FAR clause 52.242-15, Stop-Work Order, applies to Standard Services in Section B. FAR clause 52.242-15, Stop-Work Order (Alternate I), applies to Temporary Additional Services.

F.2

PERIOD OF PERFORMANCE

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

F.3

DELIVERY SCHEDULE

The following items shall be delivered under this contract.

DELIVERABLE

DUE DATE

Ground Maintenance Plan (C.4.5 & C.6.2) 30 days after date of contract award

Pruning Schedule (C.6.2) 30 days after date of contract award

Names, biographic data, police clearance on contractor personnel (H.1) 20 days after date of contract award

Certificate of Insurance (H.5) 7 days after date of contract award

F.4.

Notice to Proceed After contract award and submission of acceptable insurance certificates, the Government will send the Contractor a Notice to Proceed. That 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.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1.

MONITORING OF THE CONTRACTOR

G.1.1. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Facilities Maintenance Manager.

G.1.2 DUTIES

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2 SUBMISSION OF INVOICES

The Contractor shall submit invoices in an original and three (3) copies to the Contracting' Officer's Representative (COR) through the Financial Management Office (FMO) at the following address:

American Embassy Kinshasa

Financial Management Office (Contract no. _____________)

498 Avenue Colonel Lukusa

Kinshasa, Democratic Republic of Congo

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

SECURITY

H.1.1 General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall work on this contract.

H.1.2 Identity Cards. The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identify card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the 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.

H.2

STANDARDS OF CONDUCT

(a) General. 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 required. Each Contractor employee is expected to 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.

(a) Uniforms. The Contractor's employees shall wear clean, neat and identifiable uniforms, although not necessarily identical uniforms. All employees shall wear accreditation at all times.

(b) 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 that interfere with normal and efficient Government operations.

(c) 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.

(d) 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.

(e) 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.

H.2.1 Recruitment of Third Country Nationals for Performance on Department of State Contracts: Department of State contractors and subcontractors shall treat employees with respect and dignity by taking the following actions:

a. Contractor shall not hold employee passports and other identification documents longer than 48 hours without employee concurrence. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

b. Contractor shall provide employees with signed copies of the/their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation, job description, and benefits. Contracts shall be provided prior to employee departure from their countries of origin.

c. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at http://www.state.gov/g/tip or from the Contracting Officer.

d. Contractor shall brief employees on the requirements of FAR 52.222-50 Combating Trafficking in Persons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email at OIGHOTLINE@STATE.GOV.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract performance.

g. Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with these requirements.

h. The contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country national for subcontractor performance.

i. Contractor and subcontractors shall only use bona fide licensed recruitment companies. Recruitment companies shall only use bona fide employees and not independent agents. Contractor shall advise the Contracting Officer of any changes to the Recruitment Plan (Exhibit D to Section J) during performance.

j. Contractor shall submit proposed changes to their Housing Plan (Exhibit E to Section J, if applicable) to the Contracting Officer for approval.

H.3

PERSONNEL HEALTH REQUIREMENTS

All employees shall be in good general health without physical disabilities that would interfere with acceptable performance of their duties. All employees shall be free from communicable diseases.

H.4

LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION

(a) Bonds. The Government imposes no bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.

(b) Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of these costs and must include them in the fixed prices in this contract.

(c) Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract. The Contractor's assumption of absolute liability is independent of any insurance policies.

(d) 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:

General Liability

(1) Bodily Injury stated in US Dollars:

Per Occurrence $100,000 Cumulative $500,000

(2) Property Damage stated in US Dollars:

Per Occurrence $100,000 Cumulative $500,000 The types and amounts of insurance cited above represent the minimum 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.

For those Contractor employees assigned to this contract who are either United States citizens or hired in the United States or its possessions, the Contractor shall provide workers' compensation insurance in accordance with FAR 52.228-3.

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

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) any other person, arising from and incident to the Contractor's performance of this contract.

The Contractor shall hold harmless and…