SGE50017R0065.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SGE50017R0065

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Chris Heck

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 561730

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

FRANKCODE15. DELIVER TO

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: FAC

FRANKFURT, 60435

GERMANY

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR BERLICODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BERLIN

CLAYALLEE 170 FINANCIAL MANAGEMENT CENTER

ATTN. DBO

BERLIN 14191

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SGE50017R0065

03/20/2017

001 BASE YEAR

see Schedule for detailed specifications

1.00

(Start to End) Date FOB:

12/01/2017 to 11/30/2018 Destination

002 1.00VAT

(Start to End) Date FOB:

12/01/2017 to 11/30/2018 Destination

003 1.00DBA, if applicable

(Start to End) Date FOB:

12/01/2017 to 11/30/2018 Destination

015 1.00DBA, if applicable

WRONG NUMBER, WILL BE 4003

(Start to End) Date FOB:

12/01/2021 to 11/30/2022 Destination

1001 FIRST OPTION YEAR

see Schedule for detailed specifications

1.00

(Start to End) Date FOB:

12/01/2018 to 11/30/2019 Destination

1002 1.00VAT

(Start to End) Date FOB:

12/01/2018 to 11/30/2019 Destination

1003 1.00DBA, if applicable

(Start to End) Date FOB:

12/01/2018 to 11/30/2019 Destination

2001 SECOND OPTION YEAR

see Schedule for detailed specifications

1.00

(Start to End) Date FOB:

12/01/2019 to 11/30/2020 Destination

2002 1.00VAT

(Start to End) Date FOB:

12/01/2019 to 11/30/2020 Destination

2003 1.00DBA, if applicable

(Start to End) Date FOB:

12/01/2019 to 11/30/2020 Destination

3001 THIRD OPTION YEAR

see Schedule for detailed specifications

1.00

(Start to End) Date FOB:

12/01/2020 to 11/30/2021 Destination

3002 1.00VAT

(Start to End) Date FOB:

12/01/2020 to 11/30/2021 Destination

SGE50017R0065

Line Item Summary

Solicitation Number:

SGE50017R0065

Contract Number: Title: FKT FAC Groundskeeping/Winter

Date of

Solicitation:

03/20/2017

Line Item No. Description Quantity Unit Unit Price Total Cost

3003 1.00DBA, if applicable

(Start to End) Date FOB:

12/01/2020 to 11/30/2021 Destination

4001 FOURTH OPTION YEAR

see Schedule for detailed specifications

1.00

(Start to End) Date FOB:

12/01/2021 to 11/30/2022 Destination

4002 1.00VAT

(Start to End) Date FOB:

12/01/2021 to 11/30/2022 Destination

SGE50017R0065

Line Item Summary

Solicitation Number:

SGE50017R0065

Contract Number: Title: FKT FAC Groundskeeping/Winter

Date of

Solicitation:

03/20/2017

Line Item No. Description Quantity Unit Unit Price Total Cost

SGE50017R0065 Frankfurt, Germany Groundskeeping & Winter Services Page 4 of 72

TABLE OF CONTENTS

Section 1 – The Schedule

SF 1449 cover sheet Continuation To SF-1449, Prices, Block 23 Continuation To SF-1449, Schedule Of Supplies / Services, Block 20 Description /

Specifications / Work Statement

Attachment 1 – Prices (The totals page will be incorporated into Section 1 as page 8) Attachment 2 – Contract Information / Experience Listing Attachment 3 – Key Personnel

Section 2 – Contract Clauses

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

Section 3 – Solicitation Provisions

Solicitation Provisions Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 4 – Evaluation Factors

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

Part 12

Section 5 – Representations and Certifications

Offeror Representations and Certifications Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

Groundskeeping & Winter Services Page 5 of 72

SECTION 1 – THE SCHEDULE

CONTINUATION TO SF-1449

PRICES – BLOCK 23

I INTRODUCTION / PROJECT DESCRIPTION

a. The purpose of this firm fixed price contract is to provide groundskeeping and winter services, including furnishing all labor, material, equipment and services, for the U.S. Consulate General, Frankfurt in accordance with paragraph III Statement of Work. The Government will pay the contractor the fixed price per month for standard services that have been satisfactorily performed.

b. Optional Services are defined as services that are required at irregular intervals and in unforeseeable quantities. The contractor shall provide these services in addition to the scheduled services specified in this contract. The COR shall order these services on an as-needed basis. This work shall be performed by contractor-trained employees, and shall not be subcontracted. The COR may require the contractor to provide temporary additional services with 24 hour advance notice.

c. Minimum and Maximum Contract Amounts

As per FAR 52.216-19, "Order Limitations," the minimum and maximum amounts for this requirements contract shall be any quantity or combination of supplies and services equal to the amount (s) set forth below.

Minimum: The Government shall place orders totaling a minimum of US$ 10,000 (or local currency equivalent). This reflects the contract minimum for each contract year.

Maximum: The amount of all orders shall not exceed US$ 1,900,000.00 (or local currency equivalent). This reflects the contract maximum for the base year and all option periods. The US Government (USG) makes no guarantee as to the number of orders or actual amount of services that may be requested above the guaranteed minimum value for the life of the contract.

II PRICES

A.1 Standard services will be ordered, optional services may be ordered if required and if funding is available. There is no guarantee for orders of the optional services. Pricing for standard services shall be offered per month.

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The price listed below shall include all labor, materials, equipment, insurance (see Section 2, FAR 52.228-4 and 52.228-5), overhead, and profit. The only reimbursable items shall be VAT (or other applicable taxes) and DBA insurance, if applicable. Offerors shall complete Attachment 1, Prices.

Any costs not separately priced will be considered to be included in the prices as overhead or other indirect cost. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract unless a situation as described in paragraph A.3 below occurs. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

A.2 The currency shall be fixed and cannot be changed by modification to the contract.

A.3 Price Adjustment Based on Laws – Prices may be adjusted during the performance period of the contract only as a result of laws enacted by the host government, if such change in the laws has a direct impact on the cost to the contractor to perform this contract at the contracted rate. In that event, the Contracting Officer may enter into negotiations with the contractor to modify the contract to adjust the premium rate(s). The contractor agrees to provide all documentation necessary to support any requested adjustment.

B.1 VAT – If applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government he shall re-pay the refund amount to the US Government.

B.2 DEFENSE BASE ACT (DBA) INSURANCE (if applicable)

DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship. Only the countries listed currently on the Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance. (See website:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and local and foreign nationals working under a U. S. contract are covered under the DBA.

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The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.14, FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act) (APR 1984). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

The contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted the Attachment 1 – Prices.

C. Offeror, insert the currency of prices offered __________________

SPACE INTENTIONALLY LEFT BLANK

Groundskeeping & Winter Services Page 8 of 72

ATTACHMENT 001 – PRICES, TAB ‘TOTALS’ will be inserted here Offerors shall NOT enter prices here

Base Year 3rd Option Year

Standard Services Standard Services

19% VAT 19% VAT

DBA (if applicable) DBA (if applicable)

Estimated Total Estimated Total

1st Option Year 4th Option Year

Standard Services Standard Services

19% VAT 19% VAT

DBA (if applicable) DBA (if applicable)

Estimated Total Estimated Total

2nd Option Year Contract Totals

Standard Services Standard Services

19% VAT 19% VAT

DBA (if applicable) DBA (if applicable)

Estimated Total Estimated Total

Totals overview only. For details and entering prices see full Attachment 1 - Prices

Groundskeeping & Winter Services Page 9 of 72

CONTINUATION TO SF-1449

SCHEDULE OF SUPPLIES / SERVICES, BLOCK 20

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

III STATEMENT OF WORK

The purpose of this firm fixed-price contract is to obtain grounds maintenance and winter services for the American Consulate General Consulate Office Building area (COB, Giessener Strasse Frankfurt), the housing area (Siedlung) and in the residences as described in this Statement of Work.

A. GENERAL

a. The contractor shall provide a qualified work force capable of doing the required work and sufficient manpower to meet the requirements set forth in the paragraphs below. The foreman shall possess sufficient knowledge of the English language to understand spoken and written communications relating to work assignments. The contractor shall ensure that the U.S. Government property entrusted to its care is handled in a prompt, accurate, safe and proper manner. The contractor shall ensure that the services required are performed in accordance with the general schedule or at the best / most efficient dates and in a prompt, accurate, safe, and proper manner.

b. This contract shall remain unfunded. The contracting officer shall issue the contractor annual funded task orders. The quantities for the standard services are fixed. If optional services are required, a funded modification will be issued to include the required quantities at the prices applicable for that contract year.

c. The contractor SHALL NOT use chemical or toxic weed killers. Biologic / ecologic weed control, e.g. by use of nettle extract, insects, nematodes or roundworms, etc., may be approved by the COR. The contractor shall present a list of materials (incl. product safety sheets) to the COR for approval and use only COR-approved materials.

d. The contractor shall use only fertilizers and anti-slip winter service materials that are non-hazardous / non-toxic both during use and / or after removal. The contractor shall present a list of materials (incl. product safety sheets) to the COR for approval and use only COR-approved materials.

e. The contractor shall observe customary German quiet times during the performance of grounds keeping services at the housing area.

f. The contractor shall provide all required tools, equipment, materials, plants, vehicles and fuel. The USG shall provide the water for watering jobs and may, in some cases, provide vehicles and fuel, e.g. for long distance trips.

Groundskeeping & Winter Services Page 10 of 72

g. All equipment, machinery and vehicles used under this contract shall conform to the applicable DINs.

B DUTIES AND RESPONSIBILITIES

a. The contractor shall present a firm suggested schedule of performance dates / periods for the grounds-keeping services to the COR (Contracting Officer’s representative) within 10 calendard days after contract award.

Once the COR accepts that schedule, it shall be binding on both parties.

However, the contractor shall provide the COR a monthly update based on weather conditions and growth development up to that date. The COR shall inform the contractor on possible obstructions (e.g. other contractors’ work) or special dates (e.g. official celebrations / festivals) which may require schedule adjustments.

b. The contractor shall perform winter services as required by the weather.

c. Recycled Materials – In the interest of cost efficiency and waste management, the contractor shall promote recycling of lawn and tree debris in meeting other aspects of the gardening services requirement, e.g., mulch and compost and re-use for fertilizing or rose bed preparation.

d. Removal of Debris – Foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash shall be removed from the maintained areas including walkways and curbs within or adjacent to the area. All debris resulting from the contractor's operations shall be removed from the work site prior to the end of each work day.

e. Services shall NOT include (based on previously received questions):

emptying trash bins in the Siedlung cleaning the streets in the Siedlung

C GROUNDS KEEPING SERVICES

The contractor shall perform the grounds keeping services from Monday to Friday between 08:00 AM and 05:00 PM excluding German and US public holidays (see Section I Clause 652.237-72, Observance of Legal Holidays and Administrative Leave). The work area for standard services includes the COB, the Siedlung and the listed residences.

Performance objective for all jobs: The assigned work shall be done on schedule, with sufficient number of staff, in a professional manner and with a minimum of noise and obstruction to life at the Consulate, in the Siedlung or at the residences.

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Performance standard for all jobs: The assigned work is performed within 3 calendar days of being directed to do so by the COR or his designated representative, either by telephone or e-mail. However, the assigned work shall NOT be performed in adverse weather conditions (e.g. lawn mowing on soaked ground). In such a case, the COR shall be contacted for a new schedule.

1 Lawn Mowing – The lawn areas include the fenced-in dog-walk areas. The contractor shall Maintain the height of grass at between 4 and 6 centimeters and Cut the grass when it has reached a height of 11 centimeters Collect and dispose of all grass cuttings in accordance with local laws.

The mowing jobs shall take place during the high growth season, between April and September. The performance timing / scheduling shall be coordinated with the COR (Contracting Officers Representative). For lawn improvement, the first mowing shall be performed before April 15th each year, and shall be coordinated with the COR in the manner stated above.

Estimated annual workload: 18 jobs, approx. 89,900 m² each Breakdown (approximate): COB – 21,460 m²

Siedlung – 68,000 m² CGR – 440 m²

2 Lawn Maintenance – The contractor shall Perform maintenance of the lawn areas each time he cuts the grass, i.e. 18 times per year Take special care to give the lawn areas a clean, well maintained look Keep lawn areas weed free Perform weeding manually, restore the soil and reseed Check lawn areas weekly to maintain weed free state Edge sidewalks, driveways, and curbs each time he cuts the grass Trim grass around trees, shrubs, cultivated areas, sprinkler heads, valves, fences, buildings, poles, and structures, so that grass height matches the height of the adjacent grass after cutting

Collecting and dispose of all trimmings, papers, leaves and weeds in accordance with local laws

If necessary, repair areas damaged by normal foot traffic and rabbits or similar animals that burrow holes in the grass. The damaged area shall be filled in, leveled and then seeded or sodded, and maintained to conform to adjacent areas.

The contractor is not responsible for damage caused by other contractors, e.g.

contractors performing construction work.

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To reiterate, the above maintenance work shall be performed in conjunction with lawn mowing, during the growth season.

Estimated annual workload: 18 jobs, approx. 89,900 m² each Breakdown (approximate): COB – 21,460 m²

Siedlung – 68,000 m² CGR – 440 m²

3 Mixed Area Maintenance – Mixed areas are composed of a variety of trees, bushes, and shrubs. The contractor shall Perform maintanence of the mixed areas each time he cuts the grass, i.e. 18 times per year.

Keep the mixed areas clean of trash, paper and other waste Keep the shrubbery areas and plant beds weed free throughout the year Hoe the ground surface when necessary At no additional cost to the USG, replace any bush or shrub that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the contractor.

The contractor is not responsible for damage caused by other contractors, Siedlung inhabitants, wild life or weather conditions. However, the contractor shall immediately inform the COR once he notices any damage or sickly withering vegetation and discuss with the COR the necessary measures (e.g.

additional care, removal, replanting, a low temporary fence for young plants, etc).

Estimated annual workload: 18 jobs, approx. 15,400 m² each Breakdown (approximate): COB – 9,100 m²

Siedlung – 5,950 m² CGR – 350 m²

4 Lawn Scarification / Dethatching and Fertilizing – The contractor shall Dethatch lawn areas in spring to maintain lawn health Remove the layer of dead turf grass between the green vegetation and the soil surface Add a thin layer of high quality top soil on the grass.

Remove dead grass, leaves, stems, rhizomes and roots by using a professional machine.

Fertilize the lawn after dethatching.

Present a data safety sheet of the fertilizer to the COR for approval. Only

COR-approved fertilizer shall be used.

Estimated annual workload: 1 job, approx. 89,900 m² each Breakdown (approximate): COB – 21,460 m²

Siedlung – 68,000 m² CGR – 440 m²

Groundskeeping & Winter Services Page 13 of 72

5 Repair of Damaged Lawn – The contractor shall repair areas of damaged lawn areas that are brown and dead. The contractor shall

Dig up the areas, fill them with new topsoil at an average rate of 10cm depth Add a layer of organic compost at a rate of 5cm depth on the topsoil Till the area with a rotary hoe, level and reseed at a rate of 30 grams per m2 using a seed suitable for shady areas where necessary.

Water the reseeded area at least 15 times per year at a rate of 500 liter per m² around trees and 25 liters per m² for other areas.

The area to be repaired is an estimated 4,000 m2 annually; the specific locations to be repaired shall be selected in consultation with the COR.

Estimated annual workload: several jobs as reqyured est, 41 x 100 m² = 4,100 m²

6 Hedge Trimming – The contractor shall

Trim all hedges four times a year. Trimmings shall not take place between March 15 and July 15.

Take into consideration the particular characteristics and blooming times of different types of trees and shrubs / hedges to determine the best time for the pruning and trimming.

Perform pruning and trimming in accordance with DIN 18919 Collect and dispose of all trimmings, papers, leaves and weeds in accordance with local regulations.

At no additional cost to the Government, replace any tree, bush or shrub that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the contractor.

The contractor is not responsible for damage caused by other contractors, Siedlung inhabitants, wild life or weather conditions. However, the contractor shall immediately inform the COR once he notices any damage or sickly withering vegetation and discuss with the COR the necessary measures (e.g.

additional care, removal, replanting, a low temporary fence for young plants, etc).

Estimated annual workload: ongoing maintenance approx. 6,100 running meters Breakdown (approximate): COB – 1,600 running meters Siedlung – 4,500 running meters CGR – n/a

7 Sidewalk Cleaning – The contractor shall

Perform a thorough cleaning of the sidewalks 18 times a year (possibly but not necessarily in conjunction with the mowing jobs). This shall include sweeping of all sidewalks and entrance ways, long-term removal of weeds by means of burning or use of ultra sound, and any other measure required to return the sidewalks to a clean and safe condition.

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Estimated annual workload: 18 jobs, approx. 45,000 m² each Breakdown (approximate): COB – 30,000 m²

Siedlung – 15,000 m² CGR – n/a

NOTE: This work is in addition to any required winter cleanings

8 Rose Bed Maintenance – The contractor shall

Trim and remove withered flowers and dry, damaged or sick branches of rose bushes in spring and autumn (if necessary also in summer).

Collect and dispose of all trimmings, papers, leaves, weeds and debris in accordance with local regulations.

Estimated annual workload: 1-3 jobs, approx. 500 m² each Breakdown (approximate): COB – 100 m²

Siedlung – 400 m² CGR – n/a

9 Rose Bed Winter Preparation – The contractor shall Manually dig up and mulch the rose beds in late autumn without harming the roots

Estimated annual workload: 1 job, approx. 500 m² each Breakdown (approximate): COB – 100 m²

Siedlung – 400 m² CGR – n/a

10 Soil Maintenance - The contractor shall Carefully (manually) dig up all tree, bush and shrub areas in late autumn without damaging the roots.

Estimated annual workload: 1 job, approx. 15,400 m² each Breakdown (approximate): COB – 9,100 m²

Siedlung – 5,950 m² CGR – 350 m²

11 Leaf Removal – The contractor shall On a monthly basis remove leaves and pine needles from lawns, flower beds and other areas. This may be done manually or by machine.

During the period October through December, remove leaves and pine needles on a weekly basis if necessary to keep the areas clean.

Perform the last raking so the lawns are free from leaves during the winter.

Keep traffic areas, such as walkways, sidewalks, etc., free from leaves in order to guarantee safety for public use.

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Estimated annual workload: ongoing, minimum 20 jobs approx. 140,000 m² each

Breakdown (approximate): COB – 60,000 m² Siedlung – 80,000 m²

CGR – n/a

12 Mulching (Optional Services) – The contractor shall Add a 5 cm layer of COR-approved mulching material in either size 0-20 mm or 0-40 mm to any area as directed by the COR.

Estimated annual workload: not applicable unforeseeable work on unit price basis

13 Tree Maintenance (Optional Services) – The contractor shall As directed by the COR, trim / prune trees to maintain the tree health and / or remove dead parts or parts that pose a danger (e.g. too near to buildings) Include the application of a COR-approved sealing wax or similar material to fresh cuts and the removal of debris Follow applicable safety procedures to ensure the safety of its staff, by-passers, vehicles and buildings.

Estimated annual workload: not applicable unforeseeable work on unit price basis

D WINTER SERVICES

The contractor shall perform the winter services from Monday to Sunday (including German and US public holidays, see Section II, Clause 652.237-72, Observance of Legal Holidays and Administrative Leave, the COR will provide updated list will be provided for each calendar year) during the below listed times. Service shall continue through 10:00 PM for the Siedlung and the residences.

Morning removals / performance shall take place in the following order of priority:

First / Top Priority (shall be completed by 6:00 AM):

COB area: entrances and all sidewalks, parking lots

(both in and outside the fence) Siedlung: building entrances, sidewalks and school bus stops CGR + DPO: entrances and sidewalks outside the fence

Second / Medium Priority (shall be completed by 8:00 AM):

COB area: access to warehouses, ramps Siedlung: parking lots

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Third / Low Priority (shall be completed by 11:00 AM):

COB area: all other paved areas Siedlung: all other paved areas

Snow and Ice Removal – The contractor shall remove snow and ice from all paved areas. The contractor shall ensure that a one-meter-wide pathway is free of snow accumulation, piles, or drifts on ALL sidewalks, steps, landings and entrance ramps by removing all snow and ice from these areas.

The snow shall either be moved to the sides and piled or compacted or moved to storage areas designated by the COR. No parking or work areas shall be used for snow storage, no entrances shall be blocked. If all snow storage areas are filled and the snowfall continues the contractor shall load snow onto its own trucks and remove it from the work areas listed above.

The contractor shall provide and apply grit or sand as anti-slip materials to pedestrian and vehicle traffic areas to ensure secure footing and prevent accidents. This will require multiple operations each day during heavy or continued snowfall and / or ice. The contractor shall remove said materials when they are no longer required.

Performance objective – The assigned work is started sufficiently early to prevent layers from building up. It is performed with sufficient number of staff on separate teams to cover all locations in a reasonable time, in a professional manner, with minimum obstruction to life in the Siedlung, at the residences or work at the COB.

Performance standard – The morning removals shall be completed as listed in the above order of priority. Snow shall be removed when accumulation exceeds one inch, or maximum one hour after snowfall stops. This will require multiple or even ongoing snow and ice removal operations each day during heavy or continued snowfall.

Work Areas

- Siedlung approx. 12,000 running meter sidewalks

- Siedlung two parking lots approx. 3,000 m²

- COB approx. 30,000 m²

- CGR + DPO approx. 25 + 23 running meter sidewalks

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E. MANAGEMENT AND SUPERVISION

a. Quality Control shall be the responsibility of the contractor. This shall include assuring that all jobs are performed within the schedules specified.

b. The contractor shall treat all Government property with due care and concern and assume responsibility for damage or loss caused by its staff.

c. The foreman assigned to a job shall also serve as Quality Control Manager

(QCM). The QCP shall be responsible for the final job review and for enforcing contract requirements including but not limited to security and general conduct. By reporting a job completed to the COR and presenting / signing the worksheets the QCM confirms that he has performed a final check and his crew’s work has been performed as required.

F. PERSONNEL REQUIREMENTS

a. Cleared Personnel – The contractor shall provide services using personnel who possess the required background checks to work on USG facilities (with the exception of staff performing winter service outside of the COB area).

The USG may require up to 60 days to perform first-time background checks for such clearances. It is therefore essential that the contractor provides its list of personnel to be used in the COB area within 10 calendar days after award. The first check results are valid for 1 year, the second and following checks are valid for 2 years each. Cleared laborers will receive picture IDs from the RSO.

The COR shall provide the required form after award.

b. Ability – The workforce provided shall have a reasonable knowledge of standard methods of horticultural care and operation of the required machines, and shall be physically capable of doing the required work. The foreman shall possess sufficient knowledge of the English language to understand spoken and written communications relating to work assignments.

c. Standards of Conduct – The contractor shall maintain satisfactory standards of employee competency, conduct, and appearance and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Neglect of duties shall not be condoned. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, fighting, intoxicants and narcotics are prohibited.

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G. MATERIALS AND EQUIPMENT

a. The contractor shall supply all required tools, equipment, materials, plants, vehicles and fuel.

b. The Government shall provide the water required for the watering jobs

c. Vehicles & Equipment – The contractor shall provide the COR a list of all vehicles and equipment he intends to use under this contract. The list does not have to include spec sheets for each vehicle / equipment security check. As an example the list shall include: 2 each 3-ton vans with license numbers F-XYZ 0000, F-XZY 0000, 8 each lawnmowers, 3 each with the following license numbers ……the rest without license number, 4 each trailers, etc.

d. Time for Submission of Forms and Lists – The contractor shall provide the documents described in this section within 10 calendar days after award.

IV RESERVED

V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

A ACRONYMS / ABBREVIATIONS / DEFINITIONS

CGR Residence at Zeppelin Allee 107 (Frankfurt)

Calendar Day

The twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days

CLIN Contract Line Item Number

CO Contracting Officer

COB Consulate Office Building, a.k.a. ‘the compound’

COR Contracting Officer's Representative

FAC Frankfurt Facilities Maintenance Section

FMO Financial Management Office = paying office

LS Lump Sum

N/A Not Applicable

NTP Notice to Proceed

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QCM Quality Control Manager (= the job foreman)

QTY Quantity

Services The services performed, workmanship, and material furnished or utilized in the performance of the services

Siedlung The area within the bollard line is included plus Joachim-Becher-Strasse all the way to Hansa Allee on the right and up to the bollards on the left.

SOW Statement of Work

TBD To be determined

USG U.S. Government

B INSURANCE

a. Amount of Insurance – The contractor is required to provide whatever insurance is legally necessary according to German laws and regulations. The contractor, shall, at its own expense, provide and maintain during the entire performance period the required insurance. This is in addition to any DBA Insurance requirements.

b. 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, and 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 there from, except in the instance of gross negligence on the part of the Government.

c. Time for Submission of Evidence of Insurance – The contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the USG.

C REPORTS AND OTHER DELIVERABLES

All reports and other deliverables required under this contract shall be delivered to the following address:

American Consulate General

ATTN: FAC

GeyerJ@state.gov

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NOTE: Any and all costs for the preparation, handling, mailing and submission of required reports and documentation shall be included in the total price.

Description QTY Submission Date Deliver to and how:

Reference III.B.a Schedule of Performance 1 doc 10 calendar days after contract award monthly updates

COR

hard copy e-mail

III.F.a Security Information – Personnel

1 list 10 calendar days after contract award

COR

hard copy

III.G.c Vehicles / Equipment 1 list 7 calendar days before work is performed

COR

e-mail

V.B.c Evidence of Insurance 1 ea 10 calendar days after contract award

CO

e-mail

V.G.c Invoices 1 ea Monthly Berlin FMC hard copy

D CONTRACTOR RESPONSIBILITY

a. General – The contractor shall be responsible for all labor, tools, instruments, reporting, notification and other tasks or materials required in the performance of the work under this contract.

b. Liability – If damage is caused to the items moved during the execution of the work required under this contract, the contractor shall eliminate / repair such damage at no additional cost to the USG.

The contractor shall take out appropriate full liability insurance per German law and provide documentation of same to the USG / COR.

E PHYSICAL AND INFORMATION SECURITY REQUIREMENTS – The contractor shall be responsible for safeguarding all government information provided for contractor use. All material / documentation produced for the USG shall be the sole property of the USG. The contractor shall not release any documents to anyone unless authorized by the USG. The contractor shall not have direct access to any USG information system.

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a. All documents received or generated under the contract are the property of the

USG.

b. All documents shall be controlled and disseminated on a need-to-know basis.

Reproduction and distribution is prohibited without express approval of the USG.

All design documents generated shall be annotated as follows:

WARNING

This document is the property of the US Government.

Further reproduction and / or distribution are prohibited without the express written approval of the US Government.

c. All documents shall be marked and handled in strict accordance with all applicable requirements and regulations. Proposed and actual contract documents shall only be disseminated on a strict need-to-know basis, and shall not be further disseminated without prior authorization from the USG.

d. Those receiving any type of proposed and / or actual contract documents shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the USG.

F LAWS AND REGULATIONS

a. Compliance Required – If the contractor has or will establish a local office, he shall, without additional expense to the USG, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction.

b. Labor, Health and Safety Laws and Customs – If the contractor has or will establish a local office, he shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

c. Miscellaneous – A contract with the USG conveys no special privileges or immunities to the contractor. The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not USG employees. If registration of this contract with any government or authority is required by law it will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the USG of the amounts thereof.

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G CONTRACT ADMINISTRATION DATA

a. Authority of the Contracting Officer – All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as the COR.

b. Government Personnel

Contracting Officer Fabiola Bellevue

Contract Administrator Chris Heck HeckC@state.gov

Contracting Officer's Representative (COR) Juergen Geyer Frankfurt FAC

GeyerJ@state.gov

c. Invoices, Review and Payment on Funded Task Orders

Invoices shall be issued monthly for 1/12 of the annual total amount. Value Added Tax (VAT) and DBA insurance shall be separate lines item on each invoice (if applicable).

The contractor shall mail the invoices to the address on page 1, block 21 of the annual task order.

Each invoice shall include the items listed in Section 2, FAR 52.212-4 g.1.

Payment shall be made in the currency the contractor specified in Attachment 1

– Pricing.

d. Advance Payment shall not be authorized under this contract.

e. Changes In Ownership – The contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract.

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H FUNDING / TASK ORDERS / PROCEDURES

a. The contract remains unfunded; funding will be provided by issuing separate task orders for the CLIN 001 services and the CLIN 002 services. Emergency work (e.g. tree trimming after a storm) may be ordered telephonically by the COR or the Facilities Officer and followed up with a written task order within 3 working days. Each task order will contain the following information:

Name of contractor Contract number Task order date Task order number Name of person placing the order Unit prices and total price for each line item VAT or other taxes as a separate item, if applicable COR and post points of contact, including their e-mail addresses applicable contract clauses, either in reference or in full text if necessary

b. Only an RPSO Contracting Officer may place written task orders.

I CHOICE OF LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

J START / PERIOD OF PERFORMANCE / WORKING HOURS / LOCAL

HOLIDAYS

Contract performance is estimated to start December 1, 2017. The period of performance is one year, with four possible annual option years. Option years, if exercised, shall be for twelve (12) months each, commencing one calendar day after the expiration of the previous period of performance.

The USG may extend this contract in accordance with the option clause in Section 2, FAR 52.217-9, Option to Extend the Term of the Contract - Deviation, which also specifies the total duration of this contract.

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The Government may exercise the option set forth at Section 2, "FAR 52.217-8, Option to Extend Services", within the currently ongoing period of performance.

Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last items or services ordered hereunder have been delivered and accepted by the Government.

Working hours shall be 08:00 - 16:30 hours, Monday through Friday except for the holidays identified below. Other hours may be approved by the COR.

In addition to the U.S. holidays in clause 652.237-72 (Section 2), the American Consulate General Frankfurt observes the following German holidays:

Good Friday (Karfreitag) Easter Monday German Labor Day (Maifeiertag) Ascension Day (Christi Himmelfahrt) Whit Monday (Pfingstmontag) Corpus Christi (Frohnleichnam) Re-Unification Day Second Christmas Day (Tag der deutschen Einheit)

Observance of such holidays by Frankfurt Consulate General personnel shall not be cause for additional period of performance or entitlement to compensation to the contractor except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized by the Contracting Officer pursuant to an overtime clause elsewhere in this contract.

END OF SECTION 1

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SECTION 2 – CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

a. Inspection / Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

b. Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

c. Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

d. Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

e. Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

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f. Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

g. Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

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(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

h. Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

i. Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

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(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(…