Landscaping_Services_solicitation.doc

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide landscaping services for the U.S. Embassy, Nairobi for both offices and selected residences, as per properties listed in Exhibit A.

B.2 TYPE OF CONTRACT

This is a fixed price contract for standard services. For temporary additional services, a time-and-materials contract will be used.

B.3 TYPES OF SERVICES

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

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

B.4 PRICING

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

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

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

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

(e) The Government will make payment in local currency.

B.4.1 VALUE ADDED TAX.

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

B. 4. 2 CURRENCY

The prices are stated in __________________ currency (offeror insert currency type.) Local offerors shall offer in local currency. Payment will be made in the stated currency.

B.4.3 Base year Prices

Fixed prices for Base year of the contract

(common areas) 10,990

Hourly Rate

Material/Equipment Not to Exceed per

Year: US$2500.00

Total Base year price

B.4.4 First Option year Prices

Fixed prices for first option year of the contract

10,990

Hourly Rate

Material/Equipment Not to Exceed per

Total first option year price

B.4.5 Second Option year Prices

Fixed prices for Second option year of the contract

10,990

Hourly Rate

Material/Equipment Not to Exceed per

Total second option year price

B.4.6 Third Option year Prices Fixed prices for Third option year of the contract

10,990

Hourly Rate

Material/Equipment Not to Exceed per

Total Third Option year price

B.4.7 Fourth Option year Prices

Fixed prices for fourth option year of the contract

10,990

Hourly Rate

Material/Equipment Not to Exceed per

Total fourth Option year price

B.10 Grand Total of Base plus All 4 Option Years

Base Year Total (not to exceed)

First Option Year Total (not to exceed)

Second Option Year Total (not to exceed)

Third Option Year Total (not to exceed)

Fourth Option Year Total (not to exceed)

Grand Total of Base plus All Option Years (not to exceed)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

PERFORMANCE WORK STATEMENT (PWS) - LANDSCAPING SERVICES

C.1 Work Requirement C.1.1 General. This is a fixed-price contract for landscaping services for the U.S. Embassy, Nairobi for both offices and selected residences, as per properties listed in Exhibit A. The contract contains certain ordering provisions by which the Contracting Officer or his/her representative may require additional amounts of service for special events. The Contractor shall furnish managerial, administrative and direct labor personnel to accomplish all work required by this contract. Specific services are described in detail below.

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

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

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

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

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

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

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

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

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

“RR” Rosslyn Ridge compound.

C.3

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

C.4 Management and Supervision C.4.1. Supervision. The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The supervisor shall have supervision as his or her sole function.

C.4.2.

The Contractor shall maintain schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. Standard Services shall be delivered between the hours of 7.30 am to 3.30pm Monday through Friday and specific residences on Saturday 7.30am to 1.00pm. For those items other than routine daily services, the Contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

C.4.3. The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

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

C.4.5. Grounds Maintenance Plan. The Contractor shall submit an annual Grounds Maintenance Plan that reflects the proposed frequency for meeting the requirements of this contract. The Grounds Maintenance Plan will be developed to fit the requirements of local conditions, types of vegetation, and climate factors. The Contractor shall submit the Grounds Maintenance Plan to the COR for approval within 30 days after contract award.

C.4.6 Monthly Grounds Maintenance Report. The contractor shall be responsible for submitting a monthly grounds maintenance report in English on the first week following the end of that reporting month. The report will contain and reflect the following:

(a) The entire grounds maintenance and landscaping services performed for that previous month indicated as per locations in Exhibit A. This report will provide a detailed description of what was performed by each of the contractor’s employees for that month, what tasks were completed and where.

(b) The planned schedule for the upcoming month. The method, frequencies, dates of grass cutting, hedging, trimming, weeding, and turf repair for each property.

Depending on the weather, the dates might be flexible.

(c) Problems/damages found or anticipated of vegetation, ground soil, and manmade or nature-made installations, e.g. planters, ponds, stone lanterns, and corrective measures for those problems/damages, if any.

(d) Suggestions for improving aesthetics and values of landscapes at the locations listed in the Exhibit A, if any.

(e) Matters concerning grounds maintenance and landscaping services, if any.

C.5.

Lawn Care C.5.1. Grass mowing. 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. While undertaking the mowing, there shall be no damage on items like irrigation sprinklers, stand pipes and other services installed within the premises under care.

(a) Contractor shall mow area as required to maintain a dense green swath. Upon mowing, all green cuttings must be utilized as green mulch in the planting and the rest composted for re-use as compost. The pest management details must be considered.

(b) In the course of mowing any area of lawn that is shaved or affects the ease and evenness of the cut must re-graded and compacted to correct the levels.

C.5.2. 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.

(a) All areas where lawns are cut onto curbs and footpath will be trimmed to a line running down the back edge of the curb of the foot path. No encroachment will be allowed. Edging must be done using appropriate tools (Edge trimmers, no machete). These will apply to all lawns, sidewalks, drive ways and curbs.

C.5.3. Weeding. The Contractor shall weed the grounds and gardens on a continuous basis to prevent the growth of weeds into lawn and landscapes. The Contractor may use weed-killing chemicals to prevent the growth of weeds to eliminate grass and weeds in the cracks and joints within or along sidewalks and curbs. The Contractor shall obtain approval from the safety officer (POSHO) Post Occupational Safety Health Officer) for all applications of weed killers.

(a) Herbicides to be used in the accomplishment of work shall be clearly specified and submitted in writing to the COR for approval prior to commencement of work. The submittal shall include the following information as a minimum:

1) Target weeds treated for;

2) Common name and the registration number by the U.S. Environmental Protection Agency (EPA), for each herbicide product;

3) Rate and method of application and formulation for each job (e.g., water soluble spray, gram/square meter); and,

4) Any special precautions not on label that will be taken to prevent environmental damage or herbicide injury.

(b) Remove and dispose of all excess herbicide and empty containers at approved facilities for such disposal off the U.S. Government controlled premises in accordance with Kenyan laws and regulation.

(c) All rinse water developed in a spray operation shall be used on site. The Contractor shall either empty the tanks by spraying on the treatment site or save for disposal in accordance with Kenyan laws and regulations.

(d) Records and Reports. The Contractor shall prepare, maintain, and submit daily records of all weed control operations for safety and effect. The Contractor shall furnish the reports to the COR with other monthly reports, showing the results of herbicide application plan.

(e) C.5.4. 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. The Contractor shall also replace previously existing grass that has died due to inadequate water, excessive foot traffic, sun, or flooding. The Contractor shall ensure that all identified grass areas be repaired. The Contractor shall take any precautions necessary to protect newly sodded areas such as providing and erecting temporary fences and posting signs. All materials for such precautions shall be provided by the contractor.

C.5.5. The method, frequencies, and dates of grass cutting, hedging, trimming, weeding, and turf repair shall be part of the Contractor's Grounds Maintenance Plan.

C.6.

Pruning C.6.1. The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers. General pruning shall include pruning of dead limbs, overgrown branches, irregular growths and branches that are of risk of falling. This shall include: dead or excessive materials like dead flowers, leaves, branches. Maintain vegetation (hedges, Shrubs) 2 feet below the Razor wire (or E-fence) on the perimeter wall where applicable. The large trees in the unimproved and improved areas must be pruned to remove dead or dangerous branches, and maintained to promote healthy growth regardless of the height of the tree.

C.6.2. The Contractor shall prepare a written schedule, as part of the Grounds Maintenance Plan, showing the method, frequencies, and dates of pruning. The schedule shall be submitted 30 days after date of contract award and monthly during the period of performance of the contract to the COR.

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

· Direct and encourage plant growth in directions desired,

· To 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. When the contractor is pruning, any cuts greater than 25 millimeters in diameter, they shall be covered with a commercial tree wound dressing compound to protect against rotting, insect entry, or disease.

C.6.4.

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

Negligence will include the omission of the contractor not maintaining sufficient moisture for the healthy growth of the flowers, shrubs, trees, and lawn. The contractor shall be responsible of replacing plants and bushes that are sensitive and do perish due to lack of water, with equivalent product.

C.7. Leaf Removal. The Contractor shall, on a weekly basis, remove leaves and pine needles from the properties listed in Exhibit A.

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

C.9. Removal of Debris. The Contractor shall remove foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash from the maintained areas including walkways, stairways and curbs within or adjacent to the area. The Contractor shall remove all debris and equipment from the work site before the end of each work day. Debris removal shall prevent unsightly accumulation. The Contractor shall promptly remove collected debris to an authorized disposal site. The Contractor is responsible for all expenses incurred in the collection and disposal of debris.

C.10.

Watering C.10.1. The Contractor shall water lawns, flowers, shrubs, and trees to provide for moisture penetration to a depth of 7 centimeters. If natural precipitation is sufficient to fulfill this requirement, the Contractor shall request the COR's permission to suspend watering to avoid too much water in the soil. Measurements and recording of soil moisture level must be done to avoid excessive watering as a pest management consideration.

C.10.2. The Contractor shall present the method, frequencies, and dates of watering in a written schedule in the Grounds Maintenance Plan. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements.

C.10.3. The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment. These must be maintained in good order to avoid water wastage arising from leaks. The water devices like sprinklers must not be left unattended to avoid uncontrolled watering.

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

C.11. Fertilizer C.11.1. The Contractor shall fertilize and lime the soil to promote proper health, growth, color, and appearance of cultivated vegetation, following proper horticultural practice for the types of vegetation, soil, weather conditions, and seasons of the year. For artificial fertilizers, MSDS must be submitted to the safety officer (POSHO) Post Occupational Safety Health Officer) for approval before they are used.

C.11.2. The Contractor shall present the method of application, fertilizer type, frequencies, and dates of fertilizing and liming in the Grounds Maintenance Plan. The fertilizer type shall be approved by the COR.

C.11.3 The Contractor shall fertilize the lawn trees, shrubs, bushes, hedges and plants based on the condition of the soil and at a minimum frequency of two times per year. Organic fertilizer is preferred.

C.11.4. The Contractor shall apply weed killer if necessary but alternative weed removal techniques like consistent manual removal is recommended. If weed killer is required, the Contractor shall request a waiver in writing from the COR. The type of weed killer shall be approved by the safety officer (POSHO) Post Occupational Safety Health Officer).

C.12. Pest and Disease Control. The Contractor shall maintain a program for controlling pests and plant disease so as to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The Contractor shall obtain approval of the COR and from the safety officer (POSHO) Post Occupational Safety Health Officer) for all pesticides.

C.12.1. The Contractor shall prepare, submit and maintain schedule for pest and disease control as a part of its Grounds Maintenance Plan.

a. The plan submittal shall include the following points as a minimum:

i. Target pets treated for;

ii. F.3Common name and the registration number by the Ministry of Agriculture, Kenya or U.S. Environmental Protection Agency (EPA), for each pesticide product;

iii. Rate of application and formulation for each job (e.g., gram/square meter);

iv. Schedule of application; and,

v. Any special precautions not on label that will be taken to prevent environmental damage or pesticide injury.

b. Target pest and plant diseases to be controlled are as follows:

i. Pest: Tent caterpillars, pine caterpillars, scale insects, fall webworms, aphids, gypsy moths, spider mites, and other common pests.

ii. Plant Disease: Scab, rots, mildew, etc.

c. Pesticide Application. During preparation and application, the Contractor shall;

i. Keep safety equipment and spill kit available:

ii. Never leave equipment unattended while filling to prevent overflow;

iii. Use back flow preventers on hoses when connected to water outlets when filling spray tank; and,

iv. Inspect equipment and the area during application to insure proper and safe treatment.

d. Pesticide spills and decontamination. The Contractor shall be responsible for properly cleaning, decontaminating, and reporting pesticide spills.

e. Remove and dispose of all excess pesticides, debris and empty containers off the U.S. Government controlled premises at approved facilities for such disposal in accordance with Kenyan laws and regulation.

f. Rinse water may be developed in a spray operation. The Contractor shall either empty the tanks by spraying on the treatment site, collect the rinsing for future use, or save for disposal in accordance with Kenyan laws and regulation.

g. Records and Reports: The Contractor shall prepare, maintain, and submit daily records of all pest control operations for safety and effect. The Contractor shall furnish the reports to the COR within five working days of pesticide application, showing the results of pesticide application plan.

C.13.

Hazardous and Toxic Substances: It is the Contractor's responsibility to ensure the safe handling, application, removal and environmentally sound disposal of all hazardous or potentially hazardous fertilizers, weed killers, and pest control products utilized in this requirement. The Contractor shall report all incidences of chemical safety mishap to the COR and the safety officer (POSHO) Post Occupational Safety Health Officer).

C.14.

Temporary Additional Services: are services that are defined as Standard Services but are required at times other than the normal workday. These services shall support special events at the Post i.e. July 4th reception. The Contractor shall provide these services in addition to the scheduled services required by paragraph C.3 of this contract. The COR shall order these services as needed. This work shall be performed by trained employees of the Contractor, and shall not be subcontracted. The COR may require the Contractor to provide temporary additional services with 24 hour advance notice.

C.14.1 The Contractor shall include in its next regular invoice details of the temporary additional services and any materials provided and requested under temporary additional services. The Contractor shall also include a copy of the COR's written confirmation for the temporary additional services.

C.15.

GENERAL CLEANING: The Contractor shall clean and put in order all premises, including lawn areas, shrubbery, roads, walkways, stairs and parking lots regardless of improved or unimproved area by removal of debris such as paper, tree limbs, and branches, cans, bottles, animal droppings and other trash on a daily basis. Debris trapped and weeds sprung from joints, ditches, cracks, gutter, wall stones, manholes, drainage and pavement shall be removed.

C.16.

TENNIS COURT CLEANING: The Contractor shall keep the tennis courts at Rosslyn Ridge and CMR compounds, free of leaves and debris. The Contractor shall clean the tennis courts by sweeping two times per week. The Contractor shall wash the tennis courts surfaces, quarterly with high-pressure watering pipes. The tennis court-cleaning/sweeping schedule will be part of the monthly grounds maintenance report

C.17.

CHILDREN’S PLAY AREA: The Contractor shall keep the children’s play area at Rosslyn Ridge and Shanzu Compound free of leaves and debris. The Contractor shall sweep the area two times per week and wash the soft play surface and the playground equipment quarterly, with high-pressure watering pipes. The children's play area cleaning/sweeping will be part of the monthly grounds maintenance report.

C.18.

INDOOR POTTED / MOVABLE PLANTS:

(a) The contractor shall provide regular maintenance to all movable plants in all office buildings, club houses (in Shanzu and Rosslyn Ridge compounds), commissaries (Chancery and Rosslyn Ridge compounds), CMR and DCMR. This includes replacement of un-healthy flowers, pest control and watering.

(b) The contractor shall provide potted poinsettias plants by the first official working day of December for Christmas décor at the following areas:

· 25 Chancery building

· 30 CMR

· 15 DCR

· 15 SOMALI CMR

· 15 SOMALI DCR

And pick them up by the first week of the following month of January.

C.19

UNIMPROVED AREAS

C.19.1 The attached site plans (see Exhibit C – unimproved Areas of List of Exhibits) indicate areas of the Chancery compound & retention pond, CMR, DCR, Rosslyn Ridge, Rosslyn Lone Tree, Locab, and satellite parking areas that are not lawn or garden areas. In general these are steeply sloping areas where lawn has not been introduced or cultivated. These are referred to as unimproved areas. The specifications of this contract apply to the unimproved areas, with the exception of the lawn care, trimming, edging, and watering. Debris removal, weed and pest control, and tree and shrub trimming and pruning specifications all apply. Grass shall be maintained in these areas so that it does not exceed seven (7) inches in height.

C.20

FLOWERBED AND PLANTER MAINTENANCE

(a) The Contractor shall maintain the established flowerbeds and planters at the NEC, CMR, and DCMR. The flowering annual plants, except flowering perennial plants, shall be replaced three (3) times per year with those of seasons. The flowering perennial plants shall be replaced at times as required to maintain the flowerbeds for good appearance.

SECTION D - PACKAGING AND MARKING

· Reserved -

SECTION E - INSPECTION AND ACCEPTANCE

E.1

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm.

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulations are incorporated by reference:

52.204-19

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.209-9

UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

52.246-4

INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

52.246-6

INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

E.2

APPLICABILITY OF INSPECTION CLAUSES

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

E.3 QUALITY ASSURANCE AND Surveillance PLAN (QASP).

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

Services.

Performs all landscaping services set forth in the Performance Work Statement (PWS) C.1 thru C.21

All required services are performed and no more than one (1) customer complaint is received per month

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

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

E.3.3

PROCEDURES

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

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

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

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

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

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

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

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

E. 3.4

GENERAL REQUIREMENTS

Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Mission and properties are an important part of the representational responsibilities of the Mission. The contractor’s work shall be measured by the appearance of the landscape covered by this contract. The contractor shall perform complete landscaping and landscape maintenance services as described in this contract for all Mission properties. The contractor shall include planning, administration, and management necessary to assure that services comply with the contract; the Contracting Officer’s Representative (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.

E.3. 5

GENERAL SAFETY RESPONSIBILITIES

(a) Contractor shall demonstrate understanding of their responsibilities under Post Managed Construction Project safety program by addressing hazards in pre-planning processes and meetings. Prior to starting a new assignment, the contractor shall be required to review the work site and identify hazards that may occur while performing the job.

(b) Per 15 FAM 935, the contractor shall provide their employees with a safe and healthful condition of employment. The contractor shall ensure that these individuals are provided with proper safety equipment to prevent accidental injury in accordance with the requirements of the contract.

(c) The contractor shall provide a “competent person” to implement site health and safety plan and to oversee its compliance. A competent person is an individual who, by way of training and/or experience, is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, is designated by the employer, and has authority to take appropriate actions.

(d) The contractor shall be responsible for the removal and/or disposal of hazardous waste generated from the project. Hazardous waste generated from the project must be removed and disposed of in accordance with the Department’s Hazardous Waste Management Policy as well as local rules and regulations.

(e) The contractor shall ensure proper Safety, Health and Environmental requirements applicable to the project are followed. Prior to any herbicide/pesticide application the contractor shall submit to the POSHO the MSDS (Material Safety Data Sheets) and a completed Pesticide Application Plan Form for approval.

(f) The contractor shall report all accidents to POSHO for documentation so that corrective actions can be implemented.

E.3.6

MANAGEMENT AND SUPERVISION

(a) Supervision: The contractor shall designate a representative who shall be responsible for on-site supervision of the contractor's workforce at all times while performing landscaping services. This supervisor shall be the focal point for the contractor with U.S. Mission personnel. The supervisor shall have sufficient English language skills to communicate with U.S. Mission staff. The supervisor shall have supervision as the only sole function.

(b) Schedules: The contractor shall maintain work schedules which should take into consideration the hours that staff can effectively perform services without a burden on security personnel of the Mission. The contractor shall deliver standard landscaping services between the hours of 7:30 a.m. and 3:00 p.m. week days (Mondays to Fridays, excluding holidays) and Saturday between 07:30 a.m. to 1:30 p.m. unless otherwise advised by the COR. For items other than those specified services, the contractor shall provide the COR with a detailed plan as to the personnel to be used and time frame to perform services.

(c) Quality Control: The contractor shall be responsible for quality control. The contractor shall perform inspection visits to the work site on a regular basis within the specified period. The contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

(d) Technical Guidance: The contractor shall have the services of a trained horticulturist with experience in the local climate and soil conditions to give technical guidance to the contractor's work force and to develop and guide the contractor's programs for lawn, tree care and landscaping services.

(e) Grounds Maintenance Plan: The grounds maintenance plan will be developed on the first day the property is assigned and the exact scope of work agreed with the COR to fit the requirements of the site conditions. The contractor shall submit the grounds maintenance plan to the COR for approval within 1 day after contract award.

SECTION F - DELIVERIES OR PERFORMANCE

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

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

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm.

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following FAR clauses are incorporated by reference:

CLAUSE

TITLE AND DATE

52.242-15

STOP-WORK ORDER (AUG 1989)*

*52.242-15 applies to Standard Services in Section B 52.242-15 STOP-WORK ORDER (Alternate I, APR 1984*) *52.242-15, Alternate I (APR 1984), applies to Temporary Additional Services 52.242-17

GOVERNMENT DELAY OF WORK (APR 1984)

F.2

PERIOD OF PERFORMANCE

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

F.3

DELIVERY SCHEDULE

The following items shall be delivered under this contract to the COR.

Names, biographic data, police clearance of contractor personnel (H.1.1) 5 days after date of contract award

F.4.

NOTICE TO PROCEED (NTP)

After contract award and submission of acceptable insurance certificates, the Government will send the Contractor a Notice to Proceed. That Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1.

MONITORING OF THE CONTRACTOR

G.1.1. 652.242-70

CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

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

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

G.1.2 DUTIES

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

G.2 SUBMISSION OF INVOICES

The Contractor shall submit invoices in an original and three (3) copies to the Contracting Officer's Representative (COR) through the Financial Management Office (FMO) at the following address: America Embassy Nairobi, P. O. Box 606, Village Market 00621 Nairobi, Kenya.

G.2.1 VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is Not applicable to this contract and shall Not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

SECURITY

H.1.1 General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall work on this contract, 5 days after date of contract award.

H.1.2 Identity Cards. The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identify card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the Government. The Contractor shall be responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government.

H.2

STANDARDS OF CONDUCT

(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

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

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

(d) 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.

(e) Criminal Actions. Contractor employees shall 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.

(f) Key Control. The Contractor shall receive secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

H.3

PERSONNEL HEALTH REQUIREMENTS

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

H.4

LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION

(a) Bonds. The Government imposes bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.

(b) Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required…