USAGM 951700-22-R-0023 Thailand Gardening Services RFP 08022022.pdf

GARDENING MAINTENANCE SERVICES FOR THE USAGM THAILAND

TRANSMITTING STATION, BANDUNG DISTRICT, UDON THANI PROVINCE,

THAILAND.

Date: August 02, 2022

To: Prospective Offerors

Subject: Request for Proposals 951700-22-R-0023

Enclosed is a Request for Proposals (RFP) for Gardening Maintenance Services to be provided at the USAGM Thailand Transmitting Station located in the Bandung District, Udon Thani Province, Thailand. If you would like to submit a proposal , follow the instructions in the RFP, complete the required portions of the attached documents, and submit your proposal via email to Contract Specialist, Rodney Nelson: rnelson@usagm.gov with a copy to Contracting Officer, Tisa Harvin: tharvin@usagm.gov.

The U.S. Government intends to award a firm-fixed-price (FFP) commercial contract to the responsible offeror submitting a proposal which has been determined to be the best value to the Government. USAGM intends to award a contract based on initial proposals without holding discussions, although USAGM reserves the right to conduct discussions with the offeror or offerors.

Proposals are due by Thursday, August 25, 2022, 12:00 Noon U.S. Eastern Daylight Time.

Sincerely, Tisa Harvin, Contracting Officer Office of Management Services/Contracts U.S. Agency for Global Media (USAGM) 330 Independence Avenue, SW Washington, D.C. 20237 tharvin@usagm.gov Office Phone: (202) 920-2307

Tisa Harvin

Digitally signed by Tisa Harvin Date: 2022.08.02 12:42:25 -04'00'

Document Number: 951700-22-R-0023 Page 1 of 74

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

951700-22-R-0023

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

DATE

08/02/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME See Text

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

08/25/2022

12:00 ET

CODE 951700

United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

951700CODE15. DELIVER TO

Thailand Transmitting Station Phen - Ban Dung Road Amphur Ban Dung Udonthani 41190 Thailand

CODE 95170016. ADMINISTERED BY

United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

951700CODE18a. PAYMENT WILL BE MADE BY

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

OFFER SEE ADDENDUM

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

CHECKED

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

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

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

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 951700-22-R-0023 Page 2 of 74

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 951700-22-R-0023 Page 3 of 74

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

Document Number: 951700-22-R-0023 Page 4 of 74

Section B - Supplies or Services and Prices/Costs

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

1 Services

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 09/23/2022 - 09/22/2023

Description: B.2.1 Base Period 0001 Gardening Services Udon Thani, Thailand (C.1) 0001a Defense Base Act Insurance Premium

Pricing Options: Base

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

2 Services

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 09/23/2023 - 09/22/2024

Description: B.2.2 Option Period One 0002 Gardening Services Udon Thani, Thailand (C.1) 0002a Defense Base Act Insurance Premium

Pricing Options: Option 1

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

3 Services

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 09/23/2024 - 09/22/2025

Description: B.2.3 Option Period Two 0003 Gardening Services Udon Thani, Thailand (C.1) 0003a Defense Base Act Insurance Premium

Pricing Options: Option

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

4 Services

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 09/23/2025 - 09/22/2026

Description: B.2.4 Option Period Three 0004 Gardening Services Udon Thani, Thailand (C.1) 0004a Defense Base Act Insurance Premium

Pricing Options: Option

Document Number: 951700-22-R-0023 Page 5 of 74

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

5 Services

Firm Fixed Price

PSC: S208

12.000000 MO

Period of Performance: 09/23/2026 - 09/22/2027

Description: B.2.5 Option Period One 0005 Gardening Services Udon Thani, Thailand (C.1) 0005a Defense Base Act Insurance Premium

Pricing Options: Option

PERIOD OF PERFORMANCE

ITEM START END

1 09/23/2022 09/22/2023

2 09/23/2023 09/22/2024

3 09/23/2024 09/22/2025

4 09/23/2025 09/22/2026

5 09/23/2026 09/22/2027

USAGM Thailand Transmitting Station, Bandung District, Udon Thani Province, Thailand: Gardening Maintenance Services

Request for Proposals 951700-22-R-0023

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 OVERVIEW

This is a CONTRACT (hereinafter "Contract") between the U.S. Agency for Global Media (hereinafter referred to as the "USAGM"), an entity of the Government of the United States of America, with its headquarters located at 330 Independence Avenue, SW, Washington, DC, 20237, U.S.A. and (TBD) (hereinafter "Contractor").

The contractor shall perform gardening maintenance services, including furnishing all labor and services, for the USAGM Thailand Transmitting Station, Bandung District, Udon Thani Province, Thailand. The price listed below shall include all labor, insurance (see FAR 52.228- 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.

B.1.1 Acquisition Authority: This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Subpart 13.5 - Simplified Procedures for Certain Commercial Items and FAR Part 12 - Acquisition of Commercial Items. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06; dated 05/26/2022. To view the latest Federal Acquisition Circulars (FAC) go to https://www.regulations.gov.

B.1.2 Contract Type: This is a firm fixed price (FFP) contract to provide gardening maintenance services in Thailand. The Contractor shall provide services as set forth in Section C of this contract.

B.1.3 Severable Services: The services acquired under this Contract contain severable services.

Funds are only available for use for the contract line item (CLIN) to which they are obligated. Unused funds from one CLIN may not rollover for use in other CLINs.

B.1.4 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 Ministry of Foreign Affairs, the Royal Thai Government.

B.1.5 Contract Period of Performance

Base Period: September 23, 2022 – September 22, 2023 Option Year 1: September 23, 2023 – September 22, 2024 Option Year 2: September 23, 2024 – September 22, 2025 Option Year 3: September 23, 2025 – September 22, 2026 Option Year 4: September 23, 2026 – September 22, 2027

Request for Proposals 951700-22-R-0023

B.2 BASE AND OPTION PERIOD PRICING, GARDENING SERVICES

CLIN DESCRIPTION QTY

PRICE/M

ONTH

BAHT

PRICE/

YEAR

BAHT

PRICE/

MONTH

USD

PRICE/

YEAR

USD

B.2.1 Base Period:

09/23/2022 - 09/22/2023

Base Period Gardening Services Udon Thani, Thailand (C.1) 12 Months $ $

0001a Defense Base Act Insurance Premium 1 Year $ $

B.2.2 Option Period One:

09/23/2023 - 09/22/2024

Option Period One Gardening Services Udon Thani, Thailand (C.1) 12 Months $ $

0002a Defense Base Act Insurance Premium 1 Year $ $

B.2.3 Option Period Two:

09/23/2024 - 09/22/2025

Option Period Two Gardening Services Udon Thani, Thailand (C.1) 12 Months $ $

0003a Defense Base Act Insurance Premium 1 Year $ $

B.2.4 Option Period Three:

09/23/2025 - 09/22/2026

Option Period Three Gardening Services Udon Thani, Thailand (C.1) 12 Months $ $

0004a Defense Base Act Insurance Premium 1 Year $ $

B.2.5 Option Period Four:

09/23/2026 - 09/22/2027

Option Period Four Gardening Services Udon Thani, Thailand (C.1) 12 Months $ $

0005a Defense Base Act Insurance Premium 1 Year $ $

TOTAL BASE PLUS OPTION

PERIODS: $

(End of Section B)

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

USAGM THAILAND TRANSMITTING STATION, BANDUNG DISTRICT, UDON THANI PROVINCE,

THAILAND GARDENING MAINTENANCE SERVICES.

C.1 SCOPE OF WORK

The purpose of this contract is to obtain gardening maintenance services for real property managed by the U.S. Government at the USAGM Transmitting Station, Bandung District, Udon Thani Province, Thailand. The Contractor shall perform gardening services in all designated spaces.

C.1.1 DEFINITIONS

“Transmitter & Administrative Building” means the building of the Post used for official activities.

Also known as the T&A.

“Maintenance & Storage Building” means the building of the Post use for facility management activities. Also known as the FAC.

“Contracting Officer (CO)” means a person appointed with the authority to enter into and administer contracts on the behalf of the Government.

“Contracting Officer’s Representative (COR)” means an individual designated in writing by the Contracting Officer to perform specific contract administration functions.

“General Instructions” means those instructions, directives and guidelines that apply to all gardening personnel.

“Government” means the Government of the United States of America.

C.1.2. GENERAL REQUIREMENTS

Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the USAGM Transmitting Station 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

1.13. 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.1.3. MANAGEMENT AND SUPERVISION

C.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.

C.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 07:30 AM through 03:30 PM 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.

At no time will any contract employees be permitted access to the antenna fields without "access authorization", from the Station's Master Control Room (MCR). (Refer to Section J, Exhibits A.1 Zone 1 for service locations).

C.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.

C.1.3.4. 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.1.4 LAWN CARE. The contractor shall provide qualified and proficient personnel to operate all motorized equipment, to include mowers, edge cutters, and other such gas and electric powered equipment, in support of these services. Two tractors and cutting tails for the tractors including tractors maintenance service will be provided by the Government to the gardeners who are able to operate the tractors for the grass cutting, edging, and trimming to maintain grass length as per the specified type associated with the designated zone area (C.1.4.1). To ensure safety, the contractor will need to acquire "access authorization", from the Station's Master Control Room (MCR), prior to performing these tasks inside the restricted areas posted around the curtain antennas.

C.1.4.1. GRASS CUTTING.

Type -- 1, Pertains to green grasses (lawns), located within the inner compound (hub) area. Lawns are to be maintained at a height not to exceed 6 centimeters.

Type --2, Pertains to field grasses and shrub areas found in antenna fields and along paved roadways.

Grasses are to be maintained at a height not to exceed 15 centimeters.

C.1.4.2 EDGING. Pertaining to Type 1 grass cutting, the contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut. Grass shall not extend further than 3 centimeters beyond the perimeter of lawn areas.

C.1.4.3. TRIMMING. Pertaining to Type 1 and Type 2 grass cutting, the contractor shall trim grass around trees, shrubs, cultivated areas, sprinkler heads, valves, fences, buildings, poles, and structures so that grass height does not exceed the height of the adjacent grass.

C.1.4.4. WEEDING. Weeding of lawns, gardens, and around trees shall be carried out on a continuous basis so as to prevent the growth of weeds into lawns and landscaping. Lawns, trees, shrubs, bushes, and flowers may be treated with weed killers once a year to ensure a weed free condition. 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.

C.1.4.5. 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.1.5. PRUNING

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

C.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.

C.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.

C.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.

C.1.6. LEAF REMOVAL. The contractor shall, on Monday through Friday except for holidays basis, remove leaves from the properties listed in 1.12.1 Zone#1.

C.1.7. REMOVAL OF DEBRIS. The Contractor shall remove 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, Monday through Friday except holidays. Normal day-to-day gardening maintenance material, grounds keeping litter/trash debris may be place in Station trash containers. Small tree branches that fall naturally from the trees may be placed in the Station trash containers, if they will fit. Collected debris is to be removed once every week using a Contractor vehicle. However, heavy pruning, or specific tree branch project cuttings, large maintenance tree branch cuttings, must be removed from the work site each day. This type of debris shall not be placed in Station trash containers.

C.1.7.1. TRASH COLLECTION CONTAINERS FOR ALL COMPOUNDS:

Clean and wash the trash collection areas located at all compounds. Pick up litter, cigarette butts, papers, discarded packing crates, and any other similar items identified as trash throughout the entire Station. Empty all refuse containers in and outside of compounds Once a day, Monday through Friday.

C.1.8. WATERING. (applies to Zone #1)

C.1.8.1. The Contractor shall water lawns, flowers, shrubs, and trees to provide for moisture penetration to a depth of 7 centimeters. If natural precipitation is sufficient to fulfill this requirement, the contractor may request the COR's permission to suspend watering to avoid too much water in the soil.

C.1.8.2. 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.1.8.3. The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment.

C.1.8.4. The Government shall furnish the supply of water.

C.1.9. FERTILIZER. (applies to Zone #1)

C.1.9.1. The Contractor shall fertilize and lime the soil to promote proper health, growth, color, and appearance of cultivated vegetation, following proper horticultural practice for the types of vegetation, soil, weather conditions, and seasons of the year.

C.1.9.2. The Contractor shall present the method of application, fertilizer type, frequencies, and dates of fertilizing and liming in the Grounds Maintenance Plan.

C.1.9.3. The Contractor shall fertilize the lawn areas a minimum of two times per year.

C.1.9.4. The Contractor shall fertilize trees, shrubs, bushes, hedges and plants a minimum of once a year.

C.1.9.5. 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.

C.1.10 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.

C.1.11. HAZARDOUS AND TOXIC SUBSTANCES. (applies to Zone #1)

It is the contractor's responsibility to ensure the safe handling, storage, and application of all hazardous or potentially hazardous fertilizers products utilized in this requirement. At the end of each day, the contractor shall remove from the workplace all potentially hazardous waste such as empty containers and bags for fertilizer products to an authorized area for disposal by the Government. The Government shall provide information on the safe handling, storage, and disposal, and recommended emergency actions for chemicals provided by the Government.

C.1.12. PERIMETER FENCE

The grass shall be cut along the perimeter fence line to a maximum 15-centimeter height (Type 2), and overgrowth of weeds and shrubs will be removed from the fences. The area extending up to one (1) meter outside the perimeter fences shall also be kept clear of all grass, shrubs, and weeds.

C.1.13. LOCATION FOR GARDENING SERVICES

All gardening and landscaping services are to be delivered at the zones defined below during regular

Post working days.

C.1.13.1. Zone #1, Lawns and Gardens (Section J, Exhibit A.1):

Approximately 43,572 square meters, mainly grass, bushes and trees. The contractor will complete Type 1 grass cutting, edging, trimming, pruning, weeding, turf/shrub repair and re-establishment, and general cleaning to ensure the pleasant appearance of the inner compound is maintained in a professional manner.

C.1.13.2. Zone #2, Paved Roadways (Section J, Exhibit A.2):

Approximately two (2) kilometers of paved road leading from the perimeter front gate to the inner compound main gate, with serviced areas extending up to ten (10) meters from either side of roadway shoulders or as otherwise allowed by local terrain. Adjacent terrain is primarily limited to planed trench lines and curbs. Roadways shall be maintained as per specifications given under Asphalt Covered Areas. Type 2 grass cutting, edging, trimming, and weeding also apply.

C.1.13.3. Zone #3, Unpaved Roadways (Section J, Exhibit A.2):

Approximately twenty (20) kilometers of unpaved laterite and crushed rock road surrounding the site, leading to and from antenna systems, and providing a fire break to un-serviced wooded areas. Serviced areas extend up to ten (10) meters from either side of roadway shoulders or as otherwise allowed by local terrain, to include an area extending one meter beyond the barbed wire fence line. Adjacent terrain consists of grass fields, culverts, drainage ditches, and irrigation channels. Growth Elimination shall apply to both laterite and crushed rock surfaces. Type 2 grass cutting, edging, trimming, and weeding also apply. In addition, road drainage ways shall be kept clear of excessive dirt, mud, or other debris, to ensure proper drainage of surrounding wooded areas.

C.1.13.4. Zone #4, Antenna Fields (see Section J, Exhibit A.2):

Approximately 1,413,265 square meters of cleared and semi-cleared grasslands. Type 2 grass cutting applies to open field areas. Edging, trimming, pruning, and weeding also apply to this area. Growth Elimination shall be applied to areas surrounding guy anchors (3.3-meter radius), beneath antenna structures and ground works, and under antenna baluns and coaxial lines outside of the inner compound.

Total areas for gardening services = 1,456,837 square meters.

C.2. LAWS AND REGULATIONS

C.2.1. 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.

C.2.2. 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.

(End of Section C)

SECTION D – PACKAGING AND MARKING

D1. PACKAGING

All items delivered hereunder shall be preserved, packaged, and packed in accordance with the Contractor's best standard commercial practices unless otherwise stated in the Contract to ensure protection against deterioration and physical damage during the entire shipment and handling cycle from the Contractor's source of supply to the ultimate destination at the Government's premises.

D2. MARKING

At a minimum, each of the Contractor's shipping containers and packages/ cartons/ boxes/ envelopes shall be plainly and indelibly marked to show the: (a) consignee's name, organization, complete mailing address, and local telephone number, (b) Contract number, (c) Contract Modification , (d) a brief description of the contents, (e) quantity, (f) Contractor's name, and (g) any other markings that may be given to the Contractor by the Government prior to any delivery.

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES-FIXED PRICE (AUG 1996)

(a) Definition. "Services," as used in this clause, includes Services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterward as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

(1) Contract or otherwise, perform the services and charge to the Contractor any cost incurred by the

Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

Please refer to Sections B and C for descriptions of deliveries and performance.

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will appoint by letter a Contracting Officer’s Representative (COR) who will have the responsibility of ensuring that the work confirms to the requirements of this Contract and such other responsibilities and authorities as may be specified in the letter of authorization or in this Contract. It is understood and agreed, in particular, that the COR shall not have the authority to make changes to the scope or terms and conditions of the contract unless and only to the extent that such authority is specified in the letter of authorization or in the contract.

THE CONTRACTOR IS HEREBY FOREWARNED THAT, THE CONTRACTING OFFICER’S

REPRESENTATIVE (COR) CANNOT MAKE ANY CHANGES TO THE CONTRACT WITHOUT PRIOR

WRITTEN AUTHORITY FROM THE CONTRACTING OFFICER. THE CONTRACTOR SHALL BE HELD

FULLY RESPONSIBLE FOR ANY CHANGES NOT AUTHORIZED IN ADVANCE IN WRITING BY THE

CONTRACTING OFFICER. THE CONTRACTOR MAY BE DENIED COMPENSATION OR OTHER RELIEF

FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT AUTHORIZED IN ADVANCE IN WRITING BY

THE CONTRACTING OFFICER. THE CONTRACTOR MAY ALSO BE REQUIRED, AT NO ADDITIONAL

COST TO THE GOVERNMENT, TO TAKE ALL CORRECTIVE ACTIONS NECESSITATED BY REASON OF

ANY UNAUTHORIZED CHANGES PERFORMED BY THE CONTRACTOR WITHOUT SPECIFIC ADVANCE

WRITTEN AUTHORIZATION FROM THE CONTRACTING OFFICER.

The COR, is responsible for the program related activities, including reporting, communications. The COR contact information is:

Name:

Address:

E-mail:

Telephone:

G.2 CONTRACTING OFFICER

The CO has the overall responsibility for administration of the contract. The CO, without right of delegation, is the only authorized individual to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. Unless otherwise delegated, only the designated CO has oversight of the contract as a whole. The CO for this contract is:

Name: Tisa Harvin, Contracting Officer Address: Office of Management Services/ Contracts The U.S. Agency for Global Media (USAGM) 330 Independence Avenue, SW Washington, DC 20237 E-mail: tharvin@usagm.gov Phone: (202)920-2307

G.3 CONTRACT SPECIALIST

All communications pertaining to contractual and/or administrative matters under this Contract shall be sent to the Contract Specialist:

Name: Rodney Nelson, Contract Specialist (Contractor) Address: Office of Management Services/ Contracts The U.S. Agency for Global Media (USAGM) 330 Independence Avenue, SW Washington, DC 20237 E-mail: rnelson@usagm.gov Phone: (202) 379-6014

G.4 CONTRACTOR POINTS OF CONTACT

Contractor’s Contract Administrator

In the event your firm receives a contract as a result of this solicitation, designate a person whom the Government may contact during the period of the contract for prompt contract administration.

Name:

Title:

Address:

Phone:

E-mail:

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 TECHNICAL POINT OF CONTACT/KEY PERSONNEL

The Contractor shall designate a Project Manager who will be considered key personnel. The Project Manager will serve as the in-country technical point of contact and provide his/her name and phone number to the Contracting Officer in writing. This individual shall be the contact for coordination with the Government and shall have authority to make schedule and pricing decisions without recourse to higher authority in the Contractor's firm. He/she shall manage and coordinate the activities of all of the technical disciplines, support staff, and any subcontractors used by the Contractor to perform the work required by this contract. This individual may be the same person as designated in Section G.4 of this Contract entitled "Contractor’s Contract Administrator" of this Contract.

(End of Section H)

SECTION I – CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This Contract incorporates one or more 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 this/these addresses:

http://acquisition.gov/far/index.html These addresses are subject to change. 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 Regulation clause(s) is/are incorporated by reference:

FAR Clause Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACT PERSONNEL JAN 2011

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE OCT 2016

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUNE 2013

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.

4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2021)

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

The Government must exercise its post-acceptance rights-

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.-

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

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

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

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

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

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

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

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

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(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

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(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.

If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and…