garcom.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

SHR900-15-Q-0003

6. SOLICITATION ISSUE DATE

7-MAR-2015

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Ms. Ankica Fiolic, US Embassy Procurement Agent

b. TELEPHONE NO. (No collect calls)

+385 1 661 2364

8. OFFER DUE DATE/LOCAL TIME

24-APR-2015 at noon

9. ISSUED BY CODE

10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

American Embassy Zagreb Thomasa Jeffersona 2

X UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

DESTINATION UNLESS

BLOCK IS MARKED

X SEE SCHEDULE

Zagreb, Croatia SMALL DISADV.

BUSINESS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

8(A) 13b. RATING

SIC:

SIZE STD:

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

American Embassy Zagreb, Thomasa Jeffersona 2, Zagreb

General Services Office

17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

Financial Management Office Thomasa Jeffersona 2 Zagreb, Croatia

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

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

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1. DAILY LANDSCAPING/GARDENING SERVICES

FOR AMERICAN EMBASSY ZAGREB

12 MNT

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPY 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 HEREIN.

29. AWARD OF CONTRACT: REFERENCE ____________ ______ 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 CONTRACTING OFFICER (TYPE OR PRINT)

Robert F. Doyle, Contracting Officer 31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

RECEIVED INSPECTED CONTRACT, EXCEPT AS NOTED PARTIAL

FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number SHR90015Q0003, Prices, Block 23

• Continuation To SF-1449, RFQ Number SHR90015Q0003, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 – Detailed Technical Description of Work

• Attachment 2 – Government Furnished Equipment

Section 2 - Contract Clauses

• Contract Clauses

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

Section 3 - Solicitation Provisions

• Solicitation Provisions

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

Part 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

• Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER SHR90015Q0003

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall perform gardening services, including furnishing all labor, material, equipment and services, for the U.S. Embassy Zagreb. The price listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor the fixed price per month for standard services that have been satisfactorily performed.

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

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

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

Temporary Additional Services are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post. The Contractor shall provide Temporary Additional Services in addition to the scheduled services specified in this contract. The COR shall order Temporary Additional Services on an as needed basis. This work shall be performed by Contractor trained employees, and shall not be subcontracted. The COR may require the Contractor to provide Temporary Additional Services with 24 hour advance notice.

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

Minimum: The Government shall place orders totaling a minimum of 500 square meters. This reflects the contract minimum for the base year and option period.

Maximum: The amount of all orders shall not exceed 3000 square meters. This reflects the contract maximum for the base year and each option period for temporary/additional services.

The Contractor shall include in its next regular invoice details of the Temporary Additional Services and, if applicable, 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.

2.0 PRICING

2.1 VALUE ADDED TAX

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. Invoices will be prepared as an R1, or equivalent, with the Embassy’s OIB because the U.S. Embassy has a tax exemption certificate from the host government and will seek VAT reimbursement.

2.2. BASE PERIOD

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

1a.

Estimated Number of Square Meters for Base Year Standard Services 15586

1b. Price per Month* x 12 months **Price per Year Standard

Services

2. Base Year Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b.

Estimated Number of Square Meters for Base Year Temporary Additional Services 2000

2c.

Total Temporary Additional Services Not To Exceed (NTE) Price for Base Year (Total = items 2a x 2b)

** Price per Year Temporary Additional Services

3.

Base Year Total for All Services (Total = items 1a +2c) **

4. VAT (25% of 3 total) *

5. Base Year Total for All Services plus VAT

(Total = items 3 +4) ** *[Offeror/Bidder: Insert price] **[Offeror/Bidder: Insert total price]

2.3. FIRST OPTION YEAR PRICES

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

Estimated Number of Square Meters for First Option Year Standard Services 15586

1b. Price per Month* x 12 months **Price per Year Standard

Services

2. First Option Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b.

Estimated Number of Square Meters for First Option Year - Temporary Additional Services 2000

2c.

Total Temporary Additional Services Not To Exceed (NTE) Price for First Option Year (Total = items 2a x 2b)

** Price per Year Temporary Additional Services

3.

First Option Year Total for All Services (Total = items 1a +2c) **

4. VAT (25% of 3 total) *

5. First Option Year Total for All Services plus VAT

(Total = items 3 +4) **

2.4 SECOND OPTION YEAR PRICES

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

Estimated Number of Square Meters for Second Option Year Standard Services 15586

1b. Price per Month* x 12 months **Price per Year Standard

Services

2. Second Option Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b.

Estimated Number of Square Meters for Second Option Year - Temporary Additional Services 2000

2c.

Total Temporary Additional Services Not To Exceed (NTE) Price for Second Option Year (Total = items 2a x 2b)

** Price per Year Temporary Additional Services

3.

Second Option Year Total for All Services (Total = items 1a +2c) **

4. VAT (25% of 3 total) *

5. Second Option Year Total for All Services plus VAT

(Total = items 3 +4) **

2.5 THIRD OPTION YEAR PRICES

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

Estimated Number of Square Meters for Third Option Year Standard Services 15586

1b. Price per Month* x 12 months **Price per Year Standard

Services

2. Third Option Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b.

Estimated Number of Square Meters for Third Option Year - Temporary Additional Services 2000

2c.

Total Temporary Additional Services Not To Exceed (NTE) Price for Third Option Year (Total = items 2a x 2b)

** Price per Year Temporary Additional Services

3.

Third Option Year Total for All Services (Total = items 1a +2c) **

4. VAT (25% of 3 total) *

5. Third Option Year Total for All Services plus VAT

(Total = items 3 +4) **

2.6 FOURTH OPTION YEAR PRICES

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

Estimated Number of Square Meters for Forth Option Year Standard Services 15586

1b. Price per Month* x 12 months **Price per Year Standard

Services

2. Fourth Option Firm-Fixed Price for Temporary Additional Services for this Contract:

2a. Price per Square Meter* *

2b.

Estimated Number of Square Meters for Fourth Option Year - Temporary Additional Services 2000

2c.

Total Temporary Additional Services Not To Exceed (NTE) Price for Fourth Option Year (Total = items 2a x 2b)

** Price per Year Temporary Additional Services

3.

Fourth Option Year Total for All Services (Total = items 1a +2c) **

4. VAT (25% of 3 total) *

5. Fourth Option Year Total for All Services plus VAT (Total = items 3 +4) **

2.7 GRAND TOTAL

Base Year *

First Option Year *

Second Option Year *

Third Option Year *

Fourth Option Year *

Grand Total – Base plus All Option Years **

CONTINUATION TO SF-1449

RFQ NUMBER SHR90015Q0003

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

The purpose of this contract is to obtain gardening services for real property owned or managed by the U.S. Government at the Embassy Zagreb. The Contractor shall perform gardening services in all designated spaces. The approx. total of area to be maintained is 15586m2.

1.2. GENERAL REQUIREMENTS

Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Post and properties are an important part of the representational responsibilities of the U.S. mission. The Government will measure the Contractor’s work by the appearance of the landscape covered by this contract. The Contractor shall perform complete gardening and landscape maintenance services as described in this contract for all Government properties listed in 1.16. The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the COR's schedules and instructions, and all applicable laws and regulations. The Contractor shall meet all of the standards of performance identified in the contract. The Contractor shall perform all related support functions such as supply, subcontracting, quality control, financial oversight, and maintenance of complete records and files.

1.3. MANAGEMENT AND SUPERVISION

1.3.1. SUPERVISION. The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The supervisor shall have supervision as his or her sole function.

1.3.2. SCHEDULES. The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver standard services between the hours of 8:00AM and 4:00PM Monday through Friday. For those items other than routine daily services, the Contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

1.3.3. QUALITY CONTROL. The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

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

1.3.5. GROUNDS MAINTENANCE PLAN. The Contractor will provide a minimum of 2 workers full time, Monday through Friday, 8 hours per day, to perform the duties outlined in this contract in order to maintain the Embassy grounds. The Contractor, however, will schedule more workers when needed during heavy growing seasons (spring and summer) and/or high maintenance periods (fall) in order to provide the service described in this contract. 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 at the time of quotation submittal.

1.4 LAWN CARE

1.4.1. GRASS CUTTING. The Contractor shall maintain the height of grass between 4 and 6 centimeters. The Contractor is responsible for all equipment and fuels needed to complete this task.

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

1.4.3. TRIMMING. The Contractor shall trim grass around trees, shrubs, cultivated areas, sprinkler heads, valves, fences, buildings, poles, and structures, so that grass height does not exceed the height of the adjacent grass.

1.4.4. WEEDING. The Contractor shall weed the grounds and gardens on a continuous basis to prevent the growth of weeds into lawn and landscapes. The Contractor may use weed-killing chemicals to prevent the growth of weeds to eliminate grass and weeds in the cracks and joints within or along sidewalks and curbs. The Contractor shall obtain approval of the COR for all applications of weed killers.

1.4.5. TURF REPAIR AND RE-ESTABLISHMENT. The Contractor shall, whenever necessary, repair areas damaged by vehicular traffic, oil and gas, building repairs, and normal foot traffic. The damaged area shall be filled in and leveled and then seeded or sodded, and maintained to conform to adjacent areas.

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

1.5. PRUNING

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

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

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

• direct and encourage plant growth in directions desired,

• remove dead and unsightly growth, and

• maintain a neat and attractive appearance.

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

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

1.6. LEAF REMOVAL. The Contractor shall, on a monthly basis, remove leaves and pine needles and on a weekly basis during the autumn period.

1.7. RECYCLED MATERIALS. The Contractor shall promote recycled uses for lawn and tree debris in meeting other gardening needs, such as mulch and compost.

1.8. REMOVAL OF DEBRIS. The Contractor shall remove foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash from the maintained areas including walkways, stairways and curbs within or adjacent to the area. The Contractor shall remove all debris and equipment from the work site before the end of each workday. Debris removal shall prevent unsightly accumulation. The Contractor shall promptly remove collected debris to an authorized disposal site. The Contractor is responsible for all expenses incurred in the collection and disposal of debris.

1.9. WATERING

1.9.1. The Contractor shall water lawns, flowers, shrubs, and trees to provide for moisture penetration to a depth of 7 centimeters. If natural precipitation is sufficient to fulfill this requirement, the Contractor may request the COR's permission to suspend watering to avoid too much water in the soil.

1.9.2. The Contractor shall present the method, frequencies, and dates of watering in a written schedule in the Grounds Maintenance Plan. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements.

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

1.9.4. The Government shall furnish the supply of water.

1.10. FERTILIZER

1.10.1. The Contractor shall fertilize and lime the soil to promote proper health, growth, color, and appearance of cultivated vegetation, following proper horticultural practice for the types of vegetation, soil, weather conditions, and seasons of the year.

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

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

1.10.4. The Contractor shall apply weed killer once a year. If weed killer is not required, the Contractor shall request a waiver in writing from the COR.

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

1.11 PEST AND DISEASE CONTROL. The Contractor shall maintain a program for controlling pests and plant disease so as to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The Contractor shall obtain approval of the COR for all pesticides.

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

1.12. HAZARDOUS AND TOXIC SUBSTANCES. It is the Contractor's responsibility to ensure the safe handling, application, removal and environmentally sound disposal of all hazardous or potentially hazardous fertilizers, weed killers, and pest control products utilized in this requirement.

1.13. SNOW REMNOVAL. On days that the Embassy experiences snow accumulation, the Contractor will task the two gardeners to assist the Embassy staff with snow removal. This work will take place during normal working hours 8:00AM to 4:00PM. The Contractor will provide one gasoline powered snow blower for use at the Embassy from 1 November to 1 April each year.

1.14. INTERIOR PLANT CARE. The Contractor will maintain the 12 interior planter boxes in the atrium. This should include watering, fertilizing, weeding and replacing plants that die or become unsightly.

1.15. MULCH REPLACEMENT. The Contractor will be responsible for providing fresh mulch and apply the new mulch to bedding areas once a year. The Contractor will provide 300 bags of standard mulch and 100 bags of ornamental “Pinus Nigra” mulch each year. Each bag of mulch has a volume of 80 liters.

1.16. LOCATION FOR GARDENING SERVICES

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

Location Address US Embassy Zagreb Thomasa Jeffersona 2 10010 Zagreb, Croatia

2. WORKING HOURS

All work shall be performed during regular working hours, 8:00AM to 4:00PM, Monday through Friday, except for the holidays identified in the Addendum in Section 2. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 24 hour advance notice to the COR who will consider any deviation from the hours identified above.

3.0 DELIVERABLES

The following items shall be delivered under this contract:

DESCRIPTION QUANTITY DELIVERY DATE DELIVER TO:

Insurance 1 10 days after award Contracting Officer List of Personnel 1 10 days after award COR Transition Plan 1 10 days after award COR Payment Request 1 monthly COR

4. PERSONNEL REQUIREMENTS

4.1 GENERAL. The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the Government.

4.2 STANDARD OF CONDUCT

4.2.1 Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

4.2.2 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

4.2.3 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

4.2.4 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

4.2.5 Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

• Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

• Unauthorized use of Government property, theft, vandalism, or immoral conduct;

• Unethical or improper use of official authority or credentials; Security violations; or,

• Organizing or participating in gambling in any form.

4.2.6 KEY CONTROL. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract.

The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

4.3. NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

4.4. PERSONNEL SECURITY

4.4.1 After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take two weeks to perform. For each individual the list shall include:

• Full Name

• Place and Date of Birth

• Current Address

• Identification number (OIB)

• Potvrda o nekaznjavanju iz Ministarstva pravosudja, uprave i lokalne samouprave (Impunity Certificate from the Croatian Ministry of Justice)

• Uvjerenje o nevodjenju postupka s Opcinskoga Suda (Certificate from the City Municipal that there is no legal action in place against the employee)

4.4.2 Government shall issue identity cards to Contractor personnel, after they are approved.

Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

5. MATERIALS AND EQUIPMENT

The Contractor shall provide all necessary gardening supplies and equipment, including rakes, lawn mowers, hoe, pitchfork, pruning sheers, fertilizers to perform the work identified in Attachment 1 – Detailed Technical Description of Work. The Embassy will not provide any equipment for use under this contract.

6. INSURANCE

6.1 AMOUNT OF INSURANCE. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

6.2 GENERAL LIABILITY (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury) for a minimum coverage of $100,000.00 per occurrence.

6.3 The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

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

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

• any property of the Contractor,

• its officers,

• agents,

• servants,

• employees, or

• any other person, arising from an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

6.6 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

6.7 Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State," as an additional insured with respect to operations performed under this contract.

6.8 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

7. LAWS AND REGULATIONS

7.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. If there is a conflict between the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

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

8.0. TRANSITION PLAN

Within 10 days after contract award, the Contracting Officer may ask the Contractor to develop a plan for preparing the new Contractor to assume all responsibilities for gardening services. The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

9.0. (a) QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance.

The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold Services.

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

1. thru 9.

All required services are performed and no more than one

(1) customer complaint is received per month.

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

(c) STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

(d) PROCEDURES.

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

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

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

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

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

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

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

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

ATTACHMENT 1

DETAILED TECHNICAL DESCRIPTION OF WORK

The items listed below should be used as a guideline for minimum services needed.

LAWN

Pos. 1 Motor mowing Cutting grass to 3-5cm height by a motor mower with a grass box or with additional ranking of swaths, including loading and removal thereof.

The highest frequency of cuts coincides with the period of the most intense growth of grass, i.e.

from mid April till mid June. The height and frequency of cuts depends on various factors, such as: type of lawn, types of grass the lawn is made of, desired appearance of the lawn, season of the year and weather conditions.

Pos. 2 Hand mowing Smaller areas and areas that do not allow for the use of motor mower need to be mown by a stringed trimmer with a simultaneous ranking of swaths, loading and removal thereof.

Pos. 3 Lawn watering In summer period and other periods of prolonged drought.

Lawn should be watered in the morning or in the evening, thus avoiding the hottest hours of the day (noon). Irrigation should be conducted carefully and cautiously, and with the use of adequate equipment.

(Lawns are watered by an automated irrigation system; only the parking area should be hand watered together with the trees on the parking lot.)

Pos. 4 Fertilization of lawn By application of NPK fertilizer 4 times a year, more if needed – in early spring, then after the first cut and during the most exuberant growth of grass. The fertilizer contains the highest percentage of nitrogen (N=19%), which is essential for stimulation of growth and creation of a thick grass mass.

TREES

Betula papyrifera (Paper Birch) 13 pcs Cedrus deodara ‘Pendula’ (‘Pendula’ Deodar Cedar) 26 pcs Gleditsia japonica (Honey Locust) 62 pcs Ilex fosteri (Foster’s Holly) 6 pcs Populus italic (Lombardy Poplar) 25 pcs Magnolia soulangeana (Saucer Mangolia) 3 pcs Prunus ‘Okame’ (‘Okame’ Cherry) 25 pcs Tilia cordata (Small-leaved Lime) 17 pcs 117pcs

MSGQ

Gleditsia Triacanthos 4 pcs

Pos. 5 Cutting Pruning and shaping, as well as surgery cut, minimum once a year or biannually in spring or autumn, or as needed. Cut branches are to be piled up and removed.

a) Pruning and shaping cut Its aim is to preserve a typical habitus of a particular species, and to ensure timely attention to undesirable direction of growth and an immediate correction thereof. In case of young trees, any runners growing competitively, particularly forked-shaped, should be removed. Pruning and shaping cut should be done prior to start of vegetation in early spring or during milder winters.

If trees are cut in autumn or during a cold winter, there is a risk of their being frost-bitten, layers dehydrating and treetops dying away – if the cut is followed by a cold winter. However, in milder winters there will be no adverse consequences – provided the cut is done immediately after the leaves fall away, i.e. in autumn.

b) Surgery cut Cutting dead, broken, damaged and sick branches. It may be done throughout the year.

Overview by species

Betula papyrifera – although grooming-related activities are generally conducted toward the end of the winter period, there are a few exceptions, such as trees with a strong sap pressure in spring (birch), where we recommend cutting in late summer. Birch is then the least susceptible to potential damage caused by cutting.

Cedrus deodara ‘Pendula’ – does not want cutting except, when necessary, for surgery purposes only.

Gleditsia japonica – while the tree is young, it likes the cut as cutting stimulates thick branching. When it reaches the height of a tree, it does not require regular cutting.

Ilex fosteri – pruning and shaping cuts, as well as surgery cuts.

Populus italica – belongs to a group of trees with spindle-shaped crown that has a strong extension appearing like a straight line along the entire length of the trunk. Lateral runners almost descend to the ground. Such trees require very little shaping. If the branches are too dense, it would be useful to thin out some of those green shoots, particularly the weak ones and those that hang too low.

Magnolia soulangeana – it is cultivated as a low, well branched tree similar to a shrub. Regular cutting is not necessary (perhaps only to remove crossed little branches in order to obtain a more “open” and attractive appearance).

Prunus ‘Okame’ – shaping cut in order to obtain the desired shape and surgery cuts in order to remove dry, sick and damaged branches.

Tilia cordata – a tree that handles well the cutting. Typical problem relates to numerous runners shooting out of the trunk and branches, or around the trunk base – they should be cut while the plant is still inactive in late winter or early spring.

Pos. 6 Fixing planting plates around the trees in order to prevent, when irrigating, the loss of water due to overspill. Pulling out weeds and any other litter from the plates, as well as mulch.

Minimum 4 times a year, more if needed.

Pos. 7 Testing bindings and poles, straightening the trees into a vertical position in order to maintain upright growth. Removing bindings after the second year of vegetation since after that period they are not needed anymore.

Pos. 8 Testing and renewing bandages around trunks, replacing damaged wrapping. Removal of bandage after the second year of vegetation.

Pos. 9 Applying organic fertilizer to new plants, 500g per planting hole, minimum once a year – more if needed, in spring, with the start of vegetation.

Pos.10 Watering trees over a prolonged dry period with 200 liters of water per tree, minimum once a week, more if needed (only parking lot).

SHRUBS

Berberis thunbergii ‘Atropupurea’ (BERBERRY) 312 pcs Prunus laurocerasus ‘Otto luyken’ (COMMON CHERRYLAUREL) 700 pcs Spiraera x bumalda (BUMALD SPIREA) 97 pcs Taxus baccata ‘Densiformis’ (YEW) 228 pcc Taxus baccata ‘Fastigiata’ (IRISH YEW) 30 pcs 1367 pcs

Pos. 11 Pruning and shaping cut (in order to obtain desired shape by cutting overgrown and competing branches), as well as surgery cut (removing dry, sick and damaged branches). Once a year. Cut branches are to be piled up and removed.

Overview by species

Berberis thunbergii ‘Atropupurea’ Occasional removal of old runners in order to stimulate new growth and obtain an attractive shape. Cutting in late winter, although it may wait until early or mid spring, in order to determine which runners have dried. In case of young plants, it is enough to cut the long, elongated runners in order to achive an attractive appearance. In early spring, removing any runners that cross each other’s path, as well as badly positioned or sick runners.

Prunus laurocerasus ‘Otto Luyken’ A resilient plant which can, if necessary, handle sharp cutting. If grown as a hedge, it is generally cut in the end of summer or when it starts to have an untidy appearance. However, ideal time is between late spring and late summer. The best shape for a formal hedge is the one that narrowstoward the top, so as to admit a lot of light from all directions. Such a shape will prevent heavier snow settling on the top in winter, which also means less chance of the hedge losing its desired shape due to bending or breaking of branches. Surgery cuts, if necessary, in early spring, in order to remove any runners damaged by winter frost.

Spiraera x bumalda Flowering shrub that grows new flowers on last year’s branches. Cutting after inflorescence, in autumn, of a third of the stems in order to keep them thick and string. After such a cut, shrub will have an attractive bloom on strong stems since old runners will be gradually replaced by new ones.

Taxus baccata Densiformis Pruning and shaping cuts and, if necessary, surgery cuts, too. Cutting should be done in the end of summer or early autumn. Hedge should be cut as soon as it is planted in order to stimulate good branches in the base.

Taxus baccata ‘Fastigiata’ Slow-growing conifer that does not require cutting because its natural growth is the shape of a column. If necessary, damaged branches should be cut in spring.

Pos. 12 Applying organic fertilizer to new shrub plants, 200g per seedling, once a year or more if needed. New shrub plants are fertilized in spring, so that the seedling is provided with initial quantity of fertilizer that is necessary for normal growth and bloom.

ORNAMENTAL GRASSES, GROUNDCOVERS, BULBS

Pennisetum alopecuroides – FOUNTAIN GRASS 4000pcs Pennisetum alopecuroides Little Bunny – MINIATURE FOUNTAIN GRASS 520pcs Vinca minor – LESSER PERIWINKLE 9740pcs

Lukovice – BULBS 1500pcs Area: 1152m2

Vinca minor – LESSER PERIWINKLE 32pcs

Pos. 13 Pulling out weeds and removing any litter as needed minimum 4 times per year.

Weeds should be pulled out before they go to seed.

Pos. 14 Fertilizing areas under groundcovers, bulbs and perennial plants with organic fertilizer, 50g/m2, minimum twice a year more if needed, during vegetation (spring, summer).

Pos. 15 Cutting groundcovers and removing dry runners, minimum twice a year (Vinca minor) more if needed. Although cutting is not obligatory, it is recommended to make a surgery and shaping cut (spring) in order to make the groundcover thick and stimulate its flowering.

Pos. 16 Cutting perennials – ornamental grasses in late winter or early spring, minimum once a year more if needed. (Penissetum alopecuroides, P.a. Little Bunny). The aforementioned grasses may be left uncut over the winter since their frozen runners provide a “winter effect.”

Clematis Montana rubens 12pcs

BROAD LEAF WEED KILLER SHOULD BE APPLIED TO CONTROL WEED. ANY

WEEDS RESISTANT TO WEED KILLER SHOULD BE PULLED BY HAND. THIS IS

AN ONGOING TASK.

A minimum of two full time gardeners will be present 5 day a week 8 hour per day.

Additional gardeners will be provided when and if needed during heavy growing and maintenance periods in order to provide the services described in this contract in a timely manner and to maintain the embassy grounds in the condition outlined in this contract.

ATTACHMENT 1

(continued)

SCOPE OF WORK FOR CARE OF GREEN AREAS IN THE US EMBASSY

Quantities are rough counts only. Actual quantities may vary slightly.

Contractor should field verify.

A TREE AND SHRUB CARE

Pos.1 Pruning and shaping or sanitary cutting of trees, minimum once a year, more if needed in spring or in autumn, including collection and removal of cut branches.

177pcs

Pos.2 Pruning and shaping or sanitary cutting of shrubs, minimum once a year, more if needed in spring and autumn, including collection and removal of cut branches.

1367pcs

Pos.3 Replacement of planting plates for trees and shrubs, pulling out weeds, removing other litter and evening the mulch. As needed. 2888m2

Pos.4 Testing and replacement of bindings and straightening trees into a vertical position. As needed.

177pcs

Pos.5 Removal of protective bandages around the tree trunks. As needed. 177pcs Pos.6 Application of organic fertilizer to tree seedlings, 500g per planting hole, minimum once a year, more as needed. Material (fertilizer) included in the quoted price.

177pcs

Pos.7 Application of organic fertilizer to shrub seedlings, 200g per planting hole, minimum once a year, more as needed. Material (fertilizer) included in the quoted price.

1367pcs

B

GROUNDCOVERS AND PERENNIAL PLANTS CARE

Pos.1 Weeding and cleaning the area under groundcovers and perennials – ornamental grasses; minimum 4 times a year, more as needed. 1152m2

Pos.2 Cutting the groundcover (Vinca minor) and removing dried running, minimum twice a year, more as needed. 335m2

Pos.3 Cutting of perennial plants (Penissetum) – ornamental grasses in late winter or early spring; minimum once a year, more as needed

4520pcs

Pos.4 Fertilizing the areas under groundcovers and perennial plants, minimum twice a year, more as needed. 1152m2 Organic fertilizer to be applied 50g/m2 Material (fertilizer) included in the price.

C

LAWN CARE

Pos.1a Motor mowing of areas under grass, raking of swaths and removal, as needed.

6650m2

Pos.1b Motor mowing of areas under grass, raking of swaths and removal, as needed.

3500m2

Pos.1c Hand mowing of areas under grass (parking areas), raking of swaths and removal, as needed. 2750m2

Pos.2 Application of NPK fertilizer to lawn; 15g/m2; minimum of 4 times a year, more as needed. Material (fertilizer) included in the quoted price. 12900m2 Pos.3 Treatment of weeds in all areas of the compound including in the protective belt of large gravel (along the edges of walls). Minimum 2 times a year, more as needed.

450m2 Material (herbicide) included in the price

D

GREEN ROOF CARE

Pos.1 Cutting box-shrub in order to maintain its rounded form including weeding and cleaning the terracotta pots, minimum twice a year, more if needed.

34pcs

Pos.2 Weeding and cleaning the extensive green roof, minimum twice a year, more if needed. 230m2

E

ADDITIONAL WORKS

Pos.1 Watering tree seedlings during a dry period, 200 liters/piece (parking lot only).

Daily or as needed.

68pcs

Pos.2 Removal of snow from treetops as needed. 177pcs Pos.3 Removal of snow from shrubs as needed. 1367pcs Pos.4 Irrigation of box-shrub seedlings during a dry period with 50 lit/piece. Daily or as needed.

34pcs

Pos.5 Pulling out weeds and cutting thicket around the outer wall of the Embassy by means of a trimmer on as needed basis.

F

MSGQ BUILDING

Pos.1 Pruning and shaping pr sanitary cutting of trees, minimum once a year, in spring or in autumn, more if needed, including collection and removal of branches that were cut off.

12pcs

Pos.2 Pruning and shaping or sanitary cutting of climbers, once a year, in spring or autumn, more if needed, including collection and removal of branches that were cut off.

Pos.3 Replacement of planting plates for trees and climbers, pulling out weeds and removing other litter, evening the mulch as needed but minimum 4 times a year.

20m2

Pos.4 Testing and renewal of bindings, straightening trees into a vertical position, as needed

4pcs

Pos.5 Testing and renewal of protective bandages around tree trunks, as well as replacement of damaged bandages as needed.

4pcs

Pos.6 Weeding and cleaning of areas under groundcovers as needed but minimum 4 times a year. 4m2

Pos.7 Cutting groundcovers (Vinca minor) and removing dried running, minimum twice a year, more if needed. 4m2

Pos.8 Application of organic fertilizer to tree seedlings, 500g per seedling hole, minimum once a year, more as needed.

Material (fertilizer) included in the price.

4pcs

Pos.9 Application of fertilizer to areas under perennials and groundcovers, minimum four times a year, more as needed. 4m2 Quantity of organic fertilizer – 50g/m2

Pos.10 Mowing of areas under grass, raking of swaths and removal, as needed. 206m2 Pos.11 Application of NPK fertilizer to lawns, 15g/m2 minimum 4 times a year, more as needed.

Material (retilizer) included in the price. 206m2

GRASS SEED APPLIED TO ALL AREAS WHERE GRASS IS PRESENT

OR INTENDED TO GROW MINIMUM TWO TIMES A YEAR AND

MORE IF NEEDED

WEED KILLER (HERBICIDE) APPLIED TO ALL AREAS MINIMUM 2

TIMES A YEAR AND MORE IF NEEDED

FERTILIZER WILL BE APPLILED MINIMUM 4 TIMES PER YEAR

AND MRE IF NEEDED

ATTACHMENT 2

GOVERNMENT FURNISHED PROPERTY

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

None.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS

(DEC 2014), is incorporated by reference (see SF-1449, Block 27A).

THE FOLLOWING FAR CLAUSE IS PROVIDED IN FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Dec 2014)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509)).

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

X (4) 52.204-10, Reporting…