### SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 [SCOPE OF SERVICES]{.underline}

The Contractor shall provide gardening & swimming pool cleaning services
for the U.S. Consulate General Lagos.

B.2 [TYPE OF CONTRACT]{.underline}

This is a fixed price contract for standard services. Time and materials
for temporary additional services.

B.3 [TYPES OF SERVICES]{.underline}

(a) Standard Services. The Contractor shall provide standard gardening
    and swimming pool maintenance services as specified in Section C for
    properties listed in Exhibit A section J of this solicitation.

\(b\) Temporary Additional Services. The Contractor shall provide
Temporary Additional Services when requested by the Contracting
Officer\'s Representative (COR) through a written order. 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]{.underline}

\(a\) 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.

\(b\) 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 Nigerian Naira.

B.5 [BASE YEAR PRICES]{.underline}

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

Per Month \_\_\_\_\_\_\_\_

Per Year \_\_\_\_\_\_\_\_ (Per month x 12)

\(b\) Temporary Additional Services. The hourly fixed rate for temporary
additional services is:

Hourly Rate \_\_\_\_\_\_\_\_

Estimated Number of Hours Per Year = 120

Ceiling Price Per Year \_\_\_\_\_\_\_\_

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

Material/Equipment Not to Exceed Per Year: 500,000 Naira

TOTAL for BASE YEAR Not to Exceed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (a + b+ c)

B.6 [FIRST OPTION YEAR PRICES]{.underline}

Option Term: Twelve (12) Months

\(a\) Standard Services. The fixed-price for the first option year of
the contract is:

Per Month \_\_\_\_\_\_\_\_

Per Year \_\_\_\_\_\_\_\_ (Per month x 12)

\(b\) Temporary Additional Services. The hourly fixed rate for Temporary
Additional Services is:

Hourly Rate \_\_\_\_\_\_\_\_

Estimated Number of Hours Per Year 120

Ceiling Price Per Year \_\_\_\_\_\_\_\_

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

Material/Equipment Not to Exceed Per Year: 500,000 Naira

TOTAL for FIRST OPTION YEAR Not to Exceed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (a + b+ c)

B.7 [SECOND OPTION YEAR PRICES]{.underline}

Option Term: Twelve (12) Months

\(a\) Standard Services. The fixed-price for the second option year of
the contract is:

Per Month \_\_\_\_\_\_\_\_

Per Year \_\_\_\_\_\_\_\_ (Per month x 12)

\(b\) Temporary Additional Services. The hourly fixed rate for Temporary
Additional Services is:

Hourly Rate \_\_\_\_\_\_\_\_

Estimated Number of Hours Per Year 120

Ceiling Price Per Year \_\_\_\_\_\_\_\_

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

Material/Equipment Not to Exceed Per Year: 500,000 Naira

TOTAL for SECOND OPTION YEAR Not to Exceed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (a + b+ c)

B.8 THIRD OPTION YEAR

Option Term: Twelve (12) Months

\(a\) Standard Services. The fixed-price for the third option year of
the contract is:

Per Month \_\_\_\_\_\_\_\_

Per Year \_\_\_\_\_\_\_\_ (Per month x 12)

\(b\) Temporary Additional Services. The hourly fixed rate for Temporary
Additional Services is:

Hourly Rate \_\_\_\_\_\_\_\_

Estimated Number of Hours Per Year 150

Ceiling Price Per Year \_\_\_\_\_\_\_\_

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

Material/Equipment Not to Exceed Per Year: 500,000 Naira

TOTAL for THIRD OPTION YEAR Not to Exceed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (a + b+ c)

B.9 FOURTH OPTION YEAR

Option Term: Twelve (12) Months

\(a\) Standard Services. The fixed-price for the fourth option year of
the contract is:

Per Month \_\_\_\_\_\_\_\_

Per Year \_\_\_\_\_\_\_\_ (Per month x 12)

\(b\) Temporary Additional Services. The hourly fixed rate for Temporary
Additional Services is:

Hourly Rate \_\_\_\_\_\_\_\_

Estimated Number of Hours Per Year 150

Ceiling Price Per Year \_\_\_\_\_\_\_\_

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

Material/Equipment Not to Exceed Per Year: 500,000 Naira

TOTAL for FOURTH OPTION YEAR Not to Exceed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (a + b+ c)

B.10 GRAND TOTAL

Base Year Total: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

First Option Year Total: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Second Option Year Total: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Third Option Year Total: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Fourth Option Year Total: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

GRAND TOTAL (not to exceed): \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT**

C.1 [PERFORMANCE WORK STATEMENT - GARDENING SERVICES]{.underline}

C.1 Work Requirement.

C.1.1. General. This is a fixed-price contract for gardening and
swimming pool maintenance services for the U.S. Consulate General Lagos.
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.

\"Consulate\" means the building of the Post used for official
activities.

\"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.

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

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

\"CGR\" means the official residence of the Consul General.

C.3. General Requirements. Maintenance and appearance of the grass,
shrubbery, garden areas, trees, and related landscape elements and the
cleanliness of the swimming pools and their surrounding areas are an
important part of the representational responsibilities of the U.S.
Mission in Nigeria. The Contractor's work shall be measured by the
appearance of the landscape and the cleanliness of the swimming pools
covered by this contract. The Contractor shall perform complete
gardening and landscape maintenance services, and swimming pool
maintenance and cleaning services as described in this contract for all
Government properties listed in Section J, Exhibit A and B. 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.

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 0800 to
1700 hours Monday through Saturday. 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 final
Grounds Maintenance Plan to the COR for approval within 30 days after
contract award.

C.5. Lawn Care

C.5.1. Grass Cutting. The Contractor shall maintain the height of grass
between 4 and 6 centimeters. The Contractor is responsible for all
equipment and fuels needed to complete this task.

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

C.5.3. Trimming. The Contractor shall trim grass around trees, shrubs,
cultivated areas, sprinkler heads, valves, fences, buildings, poles, and
structures, so that grass height does not exceed the height of the
adjacent grass.

C.5.4. Weeding. The Contractor shall weed the grounds and gardens on a
continuous basis to prevent the growth of weeds into lawn and
landscapes. The Contractor may use weed-killing chemicals to prevent the
growth of weeds to eliminate grass and weeds in the cracks and joints
within or along sidewalks and curbs. The Contractor shall obtain
approval of the COR for all applications of weed killers.

C.5.5. Turf Repair and Re-establishment. The contractor shall, whenever
necessary, repair areas damaged by vehicular traffic, oil and gas,
building repairs, and normal foot traffic. The damaged area shall be
filled in and leveled and then seeded or sodded, and maintained to
conform to adjacent areas.

C.5.6. The method, frequencies, and dates of grass cutting, hedging,
trimming, weeding, and turf repair shall be part of the contractor\'s
Grounds Maintenance Plan.

C.5.7. Trimming of trees shall be performed twice annually.

C.6. Pruning

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

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

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

-   direct and encourage plant growth in directions desired,

-   remove dead and unsightly growth, and

-   maintain a neat and attractive appearance.

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

C.6.4. At no additional cost to the Government, the Contractor shall
replace any tree, bush or shrub that is killed or rendered unusable for
its intended purpose through negligent or irresponsible practices that
are attributable to the Contractor.

C.7. Leaf Removal. The contractor shall, on a monthly basis, remove
leaves and pine needles from the properties listed in Exhibit A and on a
weekly basis during the period December through March - this period
should coincide with the harmattan season.

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

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

C.10. Watering.

C.10.1. The Contractor shall water lawns, flowers, shrubs, and trees to
provide for moisture penetration to a depth of 7 centimeters. If natural
precipitation is sufficient to fulfill this requirement, the contractor
may request the COR\'s permission to suspend watering to avoid too much
water in the soil.

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

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

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

C.11. Fertilizer.

C.11.1. The Contractor shall fertilize and lime the soil to promote
proper health, growth, color, and appearance of cultivated vegetation,
following proper horticultural practice for the types of vegetation,
soil, weather conditions, and seasons of the year.

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

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

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

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

C.12. Pest and Disease Control. The contractor shall maintain a program
for controlling pests and plant disease so as to maintain flowers,
shrubs, vines, trees and other planted areas in a healthy and vigorous
condition. The Contractor shall obtain approval of the COR for all
pesticides.

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

C.13. Hazardous and Toxic Substances. It is the contractor\'s
responsibility to ensure the safe handling, application, removal and
environmentally sound disposal of all hazardous or potentially hazardous
fertilizers, weed killers, and pest control products utilized in this
requirement.

C.14. Temporary Additional Services are services that are defined as
Standard Services but are required at times other than the normal
workday. These services shall support special events at the Post. The
Contractor shall provide these services in addition to the scheduled
services required by paragraph C.3 of this contract. The COR shall order
these services as needed. This work shall be performed by trained
employees of the Contractor, and shall not be subcontracted. The COR may
require the Contractor to provide temporary additional services with 24
hour advance notice.

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

C.15 The swimming pools are operated for the use of post population.
Routine maintenance of the pools provides increased morale and physical
fitness of all users. Pool maintenance operations will include water
treatment and water chemical balance, cleaning procedure, equipment
maintenance and seasonal care of the pools.

C.15.1 Water Treatment -- The contractor shall properly maintain the
pool water to include effective filtration and circulation of the water;
proper water balance for minerals and pH and adequate disinfection and
algae control.

C.15.2 The contractor shall carry out filtration and treatment to remove
insoluble matter such as particles of dirt, organic matter and other
debris that may accumulate in the pool to maintain good clear water.

C.15.3 The pool water shall be chemically balanced and treated to kill
bacteria and disease producing organisms, as well as oxidize organic
matter that are dissolved in the water.

C.15.4 The contractor shall ensure water disinfectants are continually
active in the water (have a residual) in order to react instantaneously
with bacteria and organic matter as they are introduced in the pool.

C.15.5 The contractor shall maintain an acceptable pH level of from 7.2
to 7.8; and an acceptable total alkalinity level of 80 -- 120 parts per
million. Adequate steps should be taken if these levels go higher or
lower than the acceptable limits.

C.15.6 The contractor shall have in its inventory, a reliable pool test
kit to test the quality of the water and indicate what chemical changes
may be necessary.

C.15.7 The pool attendant shall read carefully all manufacturers
instructions before proceeding with any actual test.

C.15.8 The contractor shall test the pool on every work day covered by
this contract; and maintain continuous record of all pool results to
allow for proper observation of the true profile of the chemical changes
of the pool.

C.15.9 The contractor shall maintain a stock of Government approved pool
chemicals and test solutions as listed in Exhibit C. These swimming pool
chemicals and test solutions shall be used for the purpose of treating
and testing the pools to keep the water in the pool free of germs and
bacteria at all times.

C.15.10 The contractor shall take all precautionary measures in handling
the pool chemicals used in treating the pools and test kits to avoid
harmful situation to the pool users; and shall follow the manufacturer's
instructions in the addition of chemicals to the pool.

C.15.11 Pool Cleaning -- The contractor shall pick up leaves and other
debris around the pool area and ensure the surrounding area around the
pool is kept clean at all times.

C.15.12 The contractor shall be responsible for removal of dirt from the
skimmer holes, brushing of all sides inside the pool, vacuuming and
cleaning the bottom of the pool, and backwash and rinse from the filter
machine.

C.15.13 The contract shall check and clean strainer baskets (skimmers)
and hair/lint pot (pump)

C.15.14 The contractor shall maintain the support system of the swimming
pool including the filter; pump; and motor. These equipment shall be
backwashed thoroughly three times a week , and kept be in good operating
condition and shall be part of the cleaning procedure.

C.15.15 The contractor shall inform the COR of any pool leakages,
non-functioning pool, and faulty equipment such as pumps and other
tools.

C.15.16. The contractor shall maintain a separate log book for each pool
to record job activity, chemical utilization on the pool and test
readings to know the chemical levels in the pool. All records shall be
written in English and be legible.

C.15.17 Pool Maintenance Plan. The Contractor shall submit an annual
Pool Maintenance Plan that reflects the proposed frequency for meeting
the requirements of this contract. The Pool Maintenance Plan will be
developed to fit the requirements of local conditions, types of climate
factors. The Contractor shall submit the final Pool Maintenance Plan to
the COR for approval within 30 days after contract award.

> **SECTION D - PACKAGING AND MARKING**

Reserved

**SECTION E - INSPECTION AND ACCEPTANCE**

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

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

http://acquisition.gov/far/index.html or,
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of
the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.246-4 INSPECTION OF SERVICES - AUG 1996

FIXED-PRICE

52.246-6 INSPECTION - TIME-AND- MAY 2001

MATERIAL AND LABOR-HOUR

E.2 [APPLICABILITY OF INSPECTION CLAUSES]{.underline}

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.

+---------------------------------+---------+-------------------------+
| **Performance Objective**       | #### P  | **Performance           |
|                                 | WS Para | Threshold**             |
+---------------------------------+---------+-------------------------+
| **[Services.]{.underline}**     | C.1     | All required services   |
|                                 | thru    | are performed and no    |
| Performs all gardening services | C.14    | more than two (2)       |
| set forth in the performance    |         | customer complaint is   |
| work statement (PWS)            |         | 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 two (2) 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
will notify the COR. The COR will review the matter to determine the
validity of the complaint.

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

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

**SECTION F - DELIVERIES OR PERFORMANCE**

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

This contract incorporates the following clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text

available. Also, the full text of a clause may be accessed
electronically at:

http://acquisition.gov/far/index.html or,
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of
the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-15 STOP-WORK ORDER AUG 1989

52.242-15 STOP-WORK ORDER (ALT I) APR 1984\*

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

\*[APPLICABILITY OF STOP-WORK ORDER CLAUSES]{.underline}

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

F.2 [PERIOD OF PERFORMANCE]{.underline}

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

F.3 [DELIVERY SCHEDULE]{.underline}

The following items shall be delivered under this contract.

[DELIVERABLE]{.underline} [DUE DATE]{.underline}

Names, biographic data, police clearance on

contractor personnel (H.1) 20 days after date of contract award

Personal Health Requirement (H.4c) 15 days after contract award

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

Ground Maintenance Plan (C.6.2) 30 days after contract award

Pool Maintenance Plan (C.15.17) 30 days after contract award

F.4. [Notice to Proceed]{.underline}

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)]{.underline}

\(a\) 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 Maintenance Inspector - Services

# G.1.2 [Duties]{.underline}

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]{.underline}

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

Financial Management Office

2, Walter Carrington Crescent

Victoria Island

Lagos

Invoices shall be submitted on a monthly basis for all services provided
during the previous month.

**SECTION H - SPECIAL CONTRACT REQUIREMENTS**

H.1 SECURITY

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

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

H.2 STANDARDS OF CONDUCT

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

\(b\) 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 may be subject to
criminal actions as allowed by law in certain circumstances. These
include but are not limited to the following actions:

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

-   unauthorized use of Government property, theft, vandalism, or
    immoral conduct;

-   unethical or improper use of official authority or credentials;

-   security violations; or,

-   organizing or participating in gambling in any form.

\(f\) 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]{.underline}

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]{.underline}

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

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

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

\(d\) Amount Of Insurance. The Contractor is required to provide
whatever insurance is legally necessary. The Contractor shall, at its
own expense, provide and maintain during the entire performance period
the following insurance amounts:

General Liability

\(1\) Bodily Injury stated in US Dollars:

Per Occurrence \$100

Cumulative \$500

\(2\) Property Damage stated in US Dollars:

Per Occurrence \$300

Cumulative \$1500

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

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

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

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) any other person,

arising from and incident to the Contractor\'s performance of this
contract.

The Contractor shall hold harmless and indemnify the Government from any
and all claims arising, except in the instance of gross negligence on
the part of the Government.

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

\(e\) Permits. Without additional cost to the Government, the Contractor
shall obtain all permits, licenses, and appointments required for the
prosecution of work under this contract. The Contractor shall obtain
these permits, licenses, and appointments in compliance with applicable
host country laws. The Contractor shall provide evidence of possession
or status of application for such permits, licenses, and appointments to
the Contracting Officer with its proposal. Application, justification,
fees, and certifications for any licenses required by the host
government are entirely the responsibility of the Contractor.

H.5 CERTIFICATE OF INSURANCE

The Contractor shall furnish to the Contracting Officer a current
certificate of insurance as evidence of the insurance required. In
addition, the Contractor shall furnish evidence of a commitment by the
insurance carrier to notify the Contracting Officer in writing of any
material change, expiration or cancellation of any of the insurance
policies required not less than thirty (30) days before such change,
expiration or cancellation is effective. If Contractor is self-insured
then the Contractor shall not change or decrease the coverage without
the Contracting Officer\'s approval.

H.6 [TRANSITION PLAN]{.underline}

Within 30 days after contract award, the Contracting Officer may request
that the Contractor develop a plan for preparing the Contractor to
assume all responsibilities for services defined in Section C and the
Exhibits in Section J of this contract. The plan shall establish the
projected period for completion of all clearances of Contractor
personnel, and the projected start date for performance of all services
required under this contract. The plan shall assign priority to the
selection of all supervisors to be used under the contract.

**SECTION I - CONTRACT CLAUSES**

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

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

http://acquisition.gov/far/index.html or,
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of
the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES SEP 2006

TO THE GOVERNMENT

52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY

OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY JAN 1997

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL JAN 1997

OR IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE SEP 2007

CERTAIN FEDERAL TRANSACTIONS

52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED

PAPER AUG 2000

52.204-9 PERSONAL VERIFICATION OF CONTRACTOR PERSONNEL SEP 2007

52.209-6 PROTECTING THE GOVERNMENT\'S SEP 2006

INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT

52.215-2 AUDIT AND RECORDS - NEGOTIATION JUN 1999

52.215-8 ORDER OF PRECEDENCE\--UNIFORM CONTRACT\
FORMAT OCT 1997

52.215-14 INTEGRITY OF UNIT PRICES OCT 1997

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR\
INFORMATION OTHER THAN COST OR PRICING DATA\--\
MODIFICATIONS OCT 1997

52.222-19 CHILD LABOR -- COOPERATION WITH AUTHORITIES FEB 2008

> AND REMEDIES

52.222-50 COMBATTING TRAFFICKING IN PERSONS AUG 2007

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN FEB 2006

PURCHASES

52.225-14 INCONSISTENCY BETWEEN ENGLISH FEB 2000

VERSION AND TRANSLATION OF CONTRACT

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR
1984

52.228-5 INSURANCE-WORK ON A GOVERNMENT JAN 1997

INSTALLATION

52.229-6 TAXES - FOREIGN FIXED-PRICE JUN 2003

CONTRACTS

52.232-1 PAYMENTS APR 1984

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AUG 2005

AND LABOR-HOUR CONTRACTS

(for additional/emergency services only)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-11 EXTRAS APR 1984

52.232-17 INTEREST JUNE 1996

52.232-24 PROHIBITION OF ASSIGNMENT OF CLAIMS JAN 1986

52.232-25 PROMPT PAYMENT OCT 2003

34. PAYMENT BY ELECTRONIC FUNDS TRANSFER --

# OTHER THAN CENTRAL CONTRACTOR REGISTRATION MAY 1999

52.233-1 DISPUTES JUL 2002

\-- ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, APR 1984

EQUIPMENT, AND VEGETATION

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES - FIXED-PRICE AUG 1987

\-- ALTERNATE II (APR 1984)

52.243-3 CHANGES---TIME AND MATERIALS OR LABOR SEP 2000

HOURS (for additional/emergency services only)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS MAR 2007

52.245-1 GOVERNMENT PROPERTY JUNE 2007

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES

JUNE 2007

52.246-25 LIMITATION OF LIABILITY -- SERVICES FEB 1997

52.248-1 VALUE ENGINEERING FEB 2000

52.249-4 TERMINATION FOR CONVENIENCE OF THE APR 1984

GOVERNMENT (SERVICES) (SHORT FORM)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND APR 1984

SERVICE)

52.253-1 COMPUTER GENERATED FORMS JAN 1991

FAR clauses in full text:

I.2 [52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)]{.underline}

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. The option
provision may be exercised more than once, but the total extension of
performance hereunder shall not exceed 6 months. The Contracting Officer
may exercise the option by written notice to the Contractor within the
performance period of the contract.

I.3 [52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MARCH
2000)]{.underline}

\(a\) The Government may extend the term of this contract by written
notice to the Contractor within the performance period of the contract
or within 30 days after funds for the option year become available,
whichever is later.

\(b\) If the Government exercises this option, the extended contract
shall be considered to include this option clause.

\(c\) The total duration of this contract, including the exercise of any
options under this clause, shall not exceed 5 years

I.4 [52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF
UNION DUES OR FEES (DEC 2004) (only if over \$100,000)]{.underline}

\(a\) *Definition*. As used in this clause---

*United States* means the 50 States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.

\(b\) Except as provided in paragraph (e) of this clause, during the
term of this contract, the Contractor shall post a notice, in the form
of a poster, informing employees of their rights concerning union
membership and payment of union dues and fees, in conspicuous

places in and about all its plants and offices, including all places
where notices to employees are customarily posted. The notice shall
include the following information (except that the information
pertaining to National Labor Relations Board shall not be

included in notices posted in the plants or offices of carriers subject
to the Railway Labor Act, as amended (45 U.S.C. 151-- 188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or
maintain membership in a union in order to retain their jobs. Under
certain conditions, the law permits a union and an employer to enter
into a union-security agreement requiring employees to pay uniform
periodic dues and initiation fees. However, employees who are not union
members can object to the use of

their payments for certain purposes and can only be required to pay
their share of union costs relating to collective bargaining, contract
administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support
activities not related to collective bargaining, contract
administration, or grievance adjustment, you are entitled to an
appropriate reduction in your payment. If you believe that you have been
required to pay dues or fees used in part to support activities not
related to collective bargaining, contract administration, or grievance
adjustment, you may be entitled to a refund and to an appropriate
reduction in

future payments.

For further information concerning your rights, you may wish to contact
the National Labor Relations Board (NLRB) either at one of its Regional
offices or at the following

address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-- 866-- 667-- 6572

1-- 866-- 316-- 6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at
*http://www.nlrb.gov*.

\(c\) The Contractor shall comply with all provisions of Executive Order
13201 of February 17, 2001, and related implementing regulations at 29
CFR part 470, and orders of the Secretary of Labor.

\(d\) In the event that the Contractor does not comply with any of the
requirements set forth in paragraphs (b), (c), or (g), the Secretary may
direct that this contract be cancelled, terminated, or suspended in
whole or in part, and declare the Contractor ineligible for further
Government contracts in accordance with procedures at 29 CFR

part 470, Subpart B--- Compliance Evaluations, Complaint Investigations
and Enforcement Procedures. Such other sanctions or remedies may be
imposed as are provided by 29 CFR part 470, which implements Executive
Order 13201, or as are otherwise provided by law.

\(e\) The requirement to post the employee notice in paragraph (b) does
not apply to---

\(1\) Contractors and subcontractors that employ fewer than 15 persons;

\(2\) Contractor establishments or construction work sites where no
union has been formally recognized by the Contractor or certified as the
exclusive bargaining representative of the Contractor's employees;

\(3\) Contractor establishments or construction work sites located in a
jurisdiction named in the definition of the United States in which the
law of that jurisdiction forbids enforcement of union-security
agreements;

\(4\) Contractor facilities where upon the written request of the
Contractor, the Department of Labor Deputy Assistant Secretary for
Labor-Management Programs has waived the posting requirements with
respect to any of the Contractor's facilities if the Deputy

Assistant Secretary finds that the Contractor has demonstrated that---

\(i\) The facility is in all respects separate and distinct from
activities of the Contractor related to the performance of a contract;
and

\(ii\) Such a waiver will not interfere with or impede the effectuation
of the Executive order; or

\(5\) Work outside the United States that does not involve the
recruitment or employment of workers within the United States.

\(f\) The Department of Labor publishes the official employee notice in
two variations; one for contractors covered by the Railway Labor Act and
a second for all other contractors. The Contractor shall---

\(1\) Obtain the required employee notice poster from the Division of
Interpretations and Standards, Office of Labor-Management Standards,
U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-- 5605,
Washington, DC 20210, or from any

field office of the Department's Office of Labor-Management Standards or
Office

of Federal Contract Compliance Programs;

\(2\) Download a copy of the poster from the Office of Labor-Management
Standards website at *http://www.olms.dol.gov*; or

\(3\) Reproduce and use exact duplicate copies of the Department of
Labor's official poster.

\(g\) The Contractor shall include the substance of this clause in every
subcontract or purchase order that exceeds the simplified acquisition
threshold, entered into in connection with this contract, unless
exempted by the Department of Labor Deputy

Assistant Secretary for Labor--Management Programs on account of special
circumstances in the national interest under authority of 29 CFR
470.3(c). For indefinite quantity subcontracts, the Contractor shall
include the substance of this clause if

the value of orders in any calendar year of the subcontract is expected
to exceed

the simplified acquisition threshold. Pursuant to 29 CFR part 470,
Subpart B--- Compliance Evaluations, Complaint Investigations and
Enforcement Procedures, the Secretary of Labor may direct the Contractor
to take such action in the enforcement of these regulations, including
the imposition of sanctions for noncompliance with respect to any such
subcontract or purchase order. If the Contractor becomes involved in
litigation with a subcontractor or vendor, or is threatened with such
involvement, as a result of such

direction, the Contractor may request the United States, through the
Secretary of Labor, to enter into such litigation to protect the
interests of the United States.

I.5 [52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR
1984)]{.underline}

Funds are not presently available for performance under this contract
beyond September 30 of the current calendar year. The Government\'s
obligation for performance of this contract beyond that date is
contingent upon the availability of appropriated funds from which
payment for contract purposes can be made. No legal liability on the
part of the Government for any payment may arise for performance under
this contract beyond September 30 of the current calendar year, until
funds are made available to the Contracting Officer for performance and
until the Contractor receives notice of availability, to be confirmed in
writing by the Contracting Officer.

I.6 [652.204-70  DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD
ISSUANCE PROCEDURES (AUG 2007)]{.underline}

(a)  The Contractor shall comply with the Department of State (DOS)
Personal Identification Card Issuance Procedures for all employees
performing under this contract who require frequent and continuing
access to DOS facilities, or information systems.  The Contractor shall
insert this clause in all subcontracts when the subcontractor's
employees will require frequent and continuing access to DOS facilities,
or information systems.

(b)  The DOS Personal Identification Card Issuance Procedures may be
accessed at  <http://www.state.gov/m/ds/rls/rpt/c21664.htm> .

(End of clause)

I.7. [652.243-70 NOTICES (AUG 1999)]{.underline}

Any notice or request relating to this contract given by either party to
the other shall be in writing. Said notice or request shall be mailed or
delivered by hand to the other party at the address provided in the
schedule of the contract. The contracting officer must make all
modifications to the contract in writing.

I.8. [652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)]{.underline}

\(a\) The contractor warrants the following:

> \(1\) That is has obtained authorization to operate and do business in
> the country or countries in which this contract will be performed;
>
> \(2\) That is has obtained all necessary licenses and permits required
> to perform this contract; and,
>
> \(3\) That it shall comply fully with all laws, decrees, labor
> standards, and regulations of said country or countries during the
> performance of this contract.

\(b\) If the party actually performing the work will be a subcontractor
or joint venture partner, then such subcontractor or joint venture
partner agrees to the requirements of paragraph (a) of

this clause.

I.9. [CONTRACTOR IDENTIFICATION (JULY 2008)]{.underline}

Contract performance may require contractor personnel to attend meetings
with government personnel and the public, work within government
offices, and/or utilize government email.

Contractor personnel must take the following actions to identify
themselves as non-federal employees:

1)  Use an email signature block that shows name, the office being
    supported and company affiliation (e.g. "John Smith, Office of Human
    Resources, ACME Corporation Support Contractor");

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1)  Clearly identify themselves and their contractor affiliation in
    meetings;

> 3\) Identify their contractor affiliation in Departmental e-mail and
> phone listings whenever contractor personnel are included in those
> listings; and
>
> 4\) Contractor personnel may not utilize Department of State logos or
> indicia on business cards.

I.10. 652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE
(APR 2004)

\(a\) The Department of State observes the following days as holidays:

New Year's Day

Martin Luther King's Birthday

President's Day

Eid-El-Maulud

Good Friday

Easter Monday

Workers Day

Memorial Day

Independence Day

Labor Day

Independence Day

Columbus Day

Eid-El-Fitr

Veterans Day

Thanksgiving Day

Eid-El-Adha

Christmas Day

Boxing Day

Any other day designated by Federal law, Executive Order, or
Presidential Proclamation.

\(b\) When any such day falls on a Saturday or Sunday, the following
Monday is observed. Observance of such days by Government personnel
shall not be cause for additional period of performance or entitlement
to compensation except as set forth in the contract. If the contractor's
personnel work on a holiday, no form of holiday or other premium
compensation will be reimbursed either as a direct or indirect cost,
unless authorized pursuant to an overtime clause elsewhere in this
contract.

\(c\) When the Department of State grants administrative leave to its
Government employees, assigned contractor personnel in Government
facilities shall also be dismissed. However, the contractor agrees to
continue to provide sufficient personnel to perform round-the-clock
requirements of critical tasks already in operation or scheduled, and
shall be guided by the instructions issued by the contracting officer or
his/her duly authorized representative.

\(d\) For fixed-price contracts, if services are not required or
provided because the building is closed due to inclement weather,
unanticipated holidays declared by the President, failure of Congress to
appropriate funds, or similar reasons, deductions will be computed as
follows:

\(1\) The deduction rate in dollars per day will be equal to the per
month contract price divided by 21 days per month.

\(2\) The deduction rate in dollars per day will be multiplied by the
number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment
will be made by the contracting officer to ensure that the contractor is
compensated for services provided.

\(e\) If administrative leave is granted to contractor personnel as a
result of conditions stipulated in any "Excusable Delays" clause of this
contract, it will be without loss to the contractor. The cost of
salaries and wages to the contractor for the period of any such excused
absence shall be a reimbursable item of direct cost hereunder for
employees whose regular time is normally charged, and a reimbursable
item of indirect cost for employees whose time is normally charged
indirectly in accordance with the contractor's accounting policy.

(End of clause)

I.11. [652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979,
AS AMENDED (AUG 1999)]{.underline}

\(a\) Section 8(a) of the U.S. Export Administration Act of 1979, as
amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with
any boycott fostered by a foreign country against a country which is
friendly to the United States and which is not itself the object of any
form of boycott pursuant to United States law or regulation. The Boycott
of Israel by Arab League countries is such a boycott, and therefore, the
following actions, if taken with intent to comply with, further, or
support the Arab League Boycott of Israel, are prohibited activities
under the Export Administration Act:

> \(1\) Refusing, or requiring any U.S. person to refuse to do business
> with or in Israel, with any Israeli business concern, or with any
> national or resident of Israel, or with any other person, pursuant to
> an agreement of, or a request from or on behalf of a boycotting
> country;
>
> \(2\) Refusing, or requiring any U.S. person to refuse to employ or
> otherwise discriminating against any person on the basis of race,
> religion, sex, or national origin of that person or of any owner,
> officer, director, or employee of such person;
>
> \(3\) Furnishing information with respect to the race, religion, or
> national origin of any U.S. person or of any owner, officer, director,
> or employee of such U.S. person;
>
> \(4\) Furnishing information about whether any person has, has had, or
> proposes to have any business relationship (including a relationship
> by way of sale, purchase, legal or commercial representation, shipping
> or other transport, insurance, investment, or supply) with or in the
> State of Israel, with any business concern organized under the laws of
> the State of Israel, with any Israeli national or resident, or with
> any person which is known or believed to be restricted from having any
> business relationship with or in Israel;
>
> \(5\) Furnishing information about whether any person is a member of,
> has made contributions to, or is otherwise associated with or involved
> in the activities of any charitable or fraternal organization which
> supports the State of Israel; and,
>
> \(6\) Paying, honoring, confirming, or otherwise implementing a letter
> of credit which contains any condition or requirement against doing
> business with the State of Israel.

\(b\) Under Section 8(a), the following types of activities are not
forbidden \`\`compliance with the boycott,\'\' and are therefore
exempted from Section 8(a)\'s prohibitions listed in paragraphs

(a)(1)-(6) above:

> \(1\) Complying or agreeing to comply with requirements:
>
> \(i\) Prohibiting the import of goods or services from Israel or goods
> produced or services provided by any business concern organized under
> the laws of Israel or by nationals or residents of Israel; or,
>
> \(ii\) Prohibiting the shipment of goods to Israel on a carrier of
> Israel, or by a route other than that prescribed by the boycotting
> country or the recipient of the shipment;
>
> \(2\) Complying or agreeing to comply with import and shipping
> document requirements with respect to the country of origin, the name
> of the carrier and route of shipment, the name of the supplier of the
> shipment or the name of the provider of other services, except that no
> information knowingly furnished or conveyed in response to such
> requirements may be stated in negative, blacklisting, or similar
> exclusionary terms, other than with respect to carriers or route of
> shipments as may be permitted by such regulations in order to comply
> with precautionary requirements protecting against war risks and
> confiscation;
>
> \(3\) Complying or agreeing to comply in the normal course of business
> with the unilateral and specific selection by a boycotting country, or
> national or resident thereof, of carriers, insurance, suppliers of
> services to be performed within the boycotting country or specific
> goods which, in the normal course of business, are identifiable by
> source when imported into the boycotting country;
>
> \(4\) Complying or agreeing to comply with the export requirements of
> the boycotting country relating to shipments or transshipments of
> exports to Israel, to any business concern of or organized under the
> laws of Israel, or to any national or resident of Israel;
>
> \(5\) Compliance by an individual or agreement by an individual to
> comply with the immigration or passport requirements of any country
> with respect to such individual or any member of such individual\'s
> family or with requests for information regarding requirements of
> employment of such individual within the boycotting country; and,
>
> \(6\) Compliance by a U.S. person resident in a foreign country or
> agreement by such person to comply with the laws of that country with
> respect to his or her activities exclusively therein, and such
> regulations may contain exceptions for such resident complying with
> the laws or regulations of that foreign country governing imports into
> such country of trademarked, trade named, or similarly specifically
> identifiable products, or components of products for his or her own
> use, including the performance of contractual services within that
> country, as may be defined by such regulations.

I.12. [652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG
1999)]{.underline}

Regulations at 22 CFR Part 136 require that U.S. Government employees
and their families do not profit personally from sales or other
transactions with persons who are not themselves entitled to exemption
from import restrictions, duties, or taxes. Should the contractor
experience importation or tax privileges in a foreign country because of
its contractual relationship to the United States Government, the
contractor shall observe the requirements of 22 CFR Part 136 and all
policies, rules, and procedures issued by the chief of mission in that
foreign country.

**SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS**

J.1 [LIST OF ATTACHMENTS]{.underline}

Exhibit A - LOCATIONS FOR GARDENING MAINTENANCE SERVICES

Exhibit B - LOCATIONS FOR SWIMMING POOL MAINTENANCE SERVICES

Exhibit C - CONTRACTOR FURNISHED MATERIALS

Exhibit D - GOVERNMENT FURNISHED PROPERTY

J.2 [EXHIBIT A]{.underline}

LOCATIONS FOR GARDENING SERVICES

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

**Location**

25 Ikoyi Crescent, Ikoyi Lagos

2 Walter Carrington Crescent, Victoria Island

1 Broad Street Lagos

1, Eko Street Park View Estate Ikoyi

7 MacDonald Avenue, Ikoyi Lagos

1 Bell Avenue, Ikoyi Lagos

2 Bell Avenue, Ikoyi Lagos

8 Bell Avenue, Ikoyi Lagos

15 Probyn Street Ikoyi, Lagos

17 Cooper Street Ikoyi, Lagos

1 Ibironke Street/12 Olamijuyin, PVE Ikoyi

3 Sapara Street, Ikoyi, Lagos

Plot 10 Jubril Aminu Street Park View Estate Ikoyi

Royal Court Terraces Banana Island

> J.3 [EXHIBIT B]{.underline}

LOCATIONS FOR SWIMMIING POOL SERVICES

**Location**

1\. Ibironke Street, Park View Estate, Ikoyi Lagos

2\. Eko Street, Park View Estate Ikoyi Lagos

3\. 25 Ikoyi Crescent, Ikoyi Lagos

4\. 5 Probyn Ikoyi , Lagos

5\. 6Royal Terrace Banana Island, Ikoyi

J.4 [EXHIBIT C]{.underline}

CONTRACTOR FURNISHED MATERIALS

The Contractor shall provide the under listed equipment, materials,
supplies, and clothing required to perform the standard and temporary
additional services as specified in this contract.

**Gardening Materials** **Pool Chemicals**/**Test Solutions**

Lawn Mower HTH Chlorine

Trimming Scissors Poll Conditioner/Stabilizer

Sprinklers Water Clarifier

Cutlass Granular floc

Rakes PH Plus

Brooms Liquid Algaecide

Parkers Super Algaecide

Wheel Barrows Tile Cleaner

Water Hoses Chlorine Test Tablets

Hoe Phenol Red Tablets (PH Test)

Pruner Acid Demand

Shovel Total Alkalinity

Chain Saw PH Minus

> Chlorine Neutralizer
>
> Pool test kit

J.5 [EXHIBIT D]{.underline}

GOVERNMENT FURNISHED PROPERTY

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

Algae Brush

Telescopic Pole

Vacuum Head

Vacuum Hose

Hollow Net

Shepherd Crook

Life Liner

Life Bouy

**SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS**

K.1 [52.203‑02 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR
1985)]{.underline}

\(a\) The offeror certifies that:

\(1\) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other offeror or competitor
relating to ‑ (i) Those prices; (ii) The intention to submit an offer;
or (iii) The methods or factors used to calculate the prices offered;

\(2\) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror
or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a negotiated
solicitation) unless otherwise required by law; and

\(3\) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not to submit an offer for the purpose of
restricting competition.

\(b\) Each signature on the offer is considered to be a certification by
the signatory that the signatory ‑

> \(1\) Is the person in the offeror\'s organization responsible for
> determining the prices being offered in this bid or proposal, and that
> the signatory has not participated and will not participate in any
> action contrary to subparagraph (a)(1) through (a)(3) above; or
>
> \(2\) (i) Has been authorized, in writing, to act as agent for the
> following principals in certifying that those principals have not
> participated, and will not participate in any action contrary to
> subparagraphs (a)(1) through (a)(3) above ***\[insert full name of
> person(s) in the offeror\'s organization responsible for determining
> the prices offered in this bid or proposal, and the title of his or
> her position in the offeror\'s organization\];*** and
>
> \(ii\) As an authorized agent, does certify that the principals named
> in subdivision (b)(2)(i) above have not participated, and will not
> participate, in any action contrary to subparagraphs (a)(1) through
> (a)(3) above; and
>
> \(iii\) As an agent, has not personally participated, and will not
> participate, in any action contrary to subparagraphs (a)(1) through
> (a)(3) above.

\(c\) If the offeror deletes or modifies subparagraph (a)(2) above, the
offeror must furnish with its offer a signed statement setting forth in
detail the circumstances of the disclosure.

K.2 [52.203‑11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)]{.underline}

\(a\) Definitions. As used in this provision -- "Lobbying contact" has
the meaning provided at 2 USC 1602(8). The terms "agency", "influencing
or attempting to influence", "officer or employee of an agency",
"person", "reasonable compensation", and "regularly employed" are
defined in the FAR clause of this solicitation entitled Limitation on
Payments to Influence Certain Federal Transactions (52.203-12).

\(b\) Prohibition. The prohibition and exceptions contained in the FAR
clause of this solicitation entitled "Limitation on Payments to
Influence Certain Federal Transactions" (52.203-12) are hereby
incorporated by reference in this provision.

\(c\) Certification. The offeror, by signing its offer, hereby certifies
to the best of his or her knowledge and belief that no Federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a member of Congress on its behalf in connection with the
awarding of this contract.

\(d\) Disclosure. If any registrants under the Lobbying Disclosure Act
of 1995 have made a lobbying contract on behalf of the offeror with
respect to this contract, the offeror shall complete and submit, with
its officer, OMB Standard Form LLL, Disclosure of Lobbying Activities,
to provide the name of the registrants. The offeror need not report
regularly employed officers or employees of the offeror to whom payments
of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a
    prerequisite for making or entering into this contract imposed by 31
    USC 1352. Any persons who makes an expenditure prohibited under this
    provision or who fails to file or amend the disclosure required to
    be filed or amended by this provision, shall be subject to a civil
    penalty of not less than \$10,000, and not more than \$100,000, for
    each failure.

K.3 [52.204-3 TAXPAYER IDENTIFICATION (OCT 98)]{.underline}

\(a\) Definitions.

\"Common parent\", as used in this provision, means that corporate
entity that owns or controls an affiliated group of corporations that
files its Federal income tax returns on a consolidated basis, and of
which the offeror is a member.

"Taxpayer Identification Number (TIN)\", as used in this provision,
means the number required by the IRS to be used by the offeror in
reporting income tax and other returns. The TIN may be either a Social
Security Number or an Employer Identification Number.

\(b\) All offerors must submit the information required in paragraphs
(d) through (f) of this provision in order to comply with debt
collection requirements of 31 U.S.C. 7701(c) and 3325 (d), reporting
requirements of 26 USC 6041, 6041A, and 6050M and implementing
regulations issued by the Internal Revenue Service (IRS). If the
resulting contract is subject to the reporting requirements described in
FAR 4.904, the failure or refusal by the offeror to furnish the
information may result in a 31 percent reduction of payments otherwise
due under the contract.

\(c\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government (3l USC 7701( c)(3)). If the resulting contract is subject to
the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

\(d\) Taxpayer Identification Number (TIN).

TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_ TIN has been applied for.

\_\_\_ TIN is not required because:

\_\_ Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the U.S. and does not have an office
or place of business or a fiscal paying agent in the U.S.;

\_\_ Offeror is an agency or instrumentality of a foreign government;

\_\_ Offeror is an agency or instrumentaltiy of the Federal Government.

\(e\) Type of Organization.

\_\_ Sole Proprietorship;

\_\_ Partnership:

\_\_ Corporate Entity (not tax exempt);

\_\_ Corporate Entity (tax emempt);

\_\_ Government entity (Federal, State, or local);

\_\_ Foreign government;

\_\_ International organization per 26 CFR 1.6049-4;

\_\_ Other
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(f\) Common Parent.

\_\_\_ Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this clause.

\_\_\_ Name and TIN of common parent;

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Note to Contracting Officer: If you include FAR 52.204-7 in the
solicitation, delete FAR 52.204-6.

K.4 [52.225-20 Prohibition on Conducting Restricted Business Operations
in Sudan---Certification (June 2008)]{.underline}

\(a\) *Definitions*. As used in this provision---

"Business operations" means engaging in commerce in any form, including
by acquiring, developing, maintaining, owning, selling, possessing,
leasing, or operating equipment, facilities, personnel, products,
services, personal property, real property, or any other apparatus of
business or commerce.

"Marginalized populations of Sudan" means---

\(1\) Adversely affected groups in regions authorized to receive
assistance under section 8(c) of the Darfur Peace and Accountability Act
(Pub. L. 109-344) ([50 U.S.C. 1701 note](http://uscode.house.gov/)); and

\(2\) Marginalized areas in Northern Sudan described in section 4(9) of
such Act.

"Person" means---

\(1\) A natural person, corporation, company, business association,
partnership, society, trust, any other nongovernmental entity,
organization, or group;

\(2\) [Any governmental entity or instrumentality of a government,
including a multilateral development institution (as defined in section
1701(c)(3) of the International Financial Institutions Act (22 U.S.C.
262r(c)(3)); and](http://uscode.house.gov/)

\(3\) Any successor, subunit, parent company or subsidiary of any entity
described in paragraphs (1) or (2) of this definition.

"Restricted business operations" means business operations in Sudan that
include power production activities, mineral extraction activities,
oil-related activities, or the production of military equipment, as
those terms are defined in the Sudan Accountability and Divestment Act
of 2007 (Pub. L. 110-174). Restricted business operations do not include
business operations that the person conducting the business can
demonstrate---

\(1\) Are conducted under contract directly and exclusively with the
regional government of southern Sudan;

\(2\) Are conducted pursuant to specific authorization from the Office
of Foreign Assets Control in the Department of the Treasury, or are
expressly exempted under Federal law from the requirement to be
conducted under such authorization;

\(3\) Consist of providing goods or services to marginalized populations
of Sudan;

\(4\) Consist of providing goods or services to an internationally
recognized peacekeeping force or humanitarian organization;

\(5\) Consist of providing goods or services that are used only to
promote health or education; or

\(6\) Have been voluntarily suspended.

\(b\) *Certification*. By submission of its offer, the offeror certifies
that it does not conduct any restricted business operations in Sudan.

### K.5 [52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (Jan 2006)]{.underline}

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is 54199.

\(2\) The small business size standard is 5 million.

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is
included in this solicitation, paragraph (c) of this provision applies.

\(2\) If the clause at 52.204-7 is not included in this solicitation,
and the offeror is currently registered in CCR, and has completed the
ORCA electronically, the offeror may choose to use paragraph (c) of this
provision instead of completing the corresponding individual
representations and certifications in the solicitation. The offeror
shall indicate which option applies by checking one of the following
boxes:

\[  \] (i) Paragraph (c) applies.

\[  \] (ii) Paragraph (c) does not apply and the offeror has completed
the individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at
[[http://orca.bpn.gov]{.underline}](http://orca.bpn.gov/). After
reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below \[*offeror to insert changes,
identifying change by clause number, title, date*\]. These amended
representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this
offer.

  -----------------------------------------------------------------------------------------------
  FAR Clause #            Title            Date      Change

        \_\_\_\_\_\_\_\_\_\_\_\_        \_\_\_\_\_\_\_\_\_       \_\_\_\_\_      \_\_\_\_\_\_\_
  -----------------------------------------------------------------------------------------------

Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted on ORCA.

(End of provision)

K.6 [52.209-5 Certification Regarding Responsibility Matters
(May 2008)]{.underline}

(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that---

\(i\) The Offeror and/or any of its Principals---

\(A\) Are \_\_ are not \_\_\_ presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(B\) Have \_\_ have not \_\_\_, within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property;

\(C\) Are \_\_\_\_ are not \_\_\_\_ presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this
provision;

\(D\) Have \_\_\_, have not \_\_\_\_, within a three-year period
preceding this offer, been notified of any delinquent Federal taxes in
an amount that exceeds \$3,000 for which the liability remains
unsatisfied.

\(1\) Federal taxes are considered delinquent if both of the following
criteria apply:

\(i\) The tax liability is finally determined. The liability is finally
determined if it has been assessed. A liability is not finally
determined if there is a pending administrative or judicial challenge.
In the case of a judicial challenge to the liability, the liability is
not finally determined until all judicial appeal rights have been
exhausted.

\(ii\) The taxpayer is delinquent in making payment. A taxpayer is
delinquent if the taxpayer has failed to pay the tax liability when full
payment was due and required. A taxpayer is not delinquent in cases
where enforced collection action is precluded.

\(2\) Examples.

\(i\) The taxpayer has received a statutory notice of deficiency, under
I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a
proposed tax deficiency. This is not a delinquent tax because it is not
a final tax liability. Should the taxpayer seek Tax Court review, this
will not be a final tax liability until the taxpayer has exercised all
judicial appeal rights.

\(ii\) The IRS has filed a notice of Federal tax lien with respect to an
assessed tax liability, and the taxpayer has been issued a notice under
I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS
Office of Appeals contesting the lien filing, and to further appeal to
the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the
underlying tax liability because the taxpayer has had no prior
opportunity to contest the liability. This is not a delinquent tax
because it is not a final tax liability. Should the taxpayer seek tax
court review, this will not be a final tax liability until the taxpayer
has exercised all judicial appeal rights.

\(iii\) The taxpayer has entered into an installment agreement pursuant
to I.R.C. § 6159. The taxpayer is making timely payments and is in full
compliance with the agreement terms. The taxpayer is not delinquent
because the taxpayer is not currently required to make full payment.

\(iv\) The taxpayer has filed for bankruptcy protection. The taxpayer is
not delinquent because enforced collection action is stayed under 11
U.S.C. 362 (the Bankruptcy Code).

\(ii\) The Offeror has \_\_\_ has not \_\_\_\_, within a three-year
period preceding this offer, had one or more contracts terminated for
default by any Federal agency.

\(2\) "Principals," for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an
Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution
Under Section 1001, Title 18, United States Code.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror's responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this solicitation for default.

K.7. [AUTHORIZED CONTRACT ADMINISTRATOR]{.underline}

If the offeror does not fill-in the blanks below, the official who
signed the offer will be deemed to be the offeror\'s representative for
contract administration, which includes all matters pertaining to
payments.

Name:

Address:

Telephone Number:

K.8 [652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)]{.underline}

\(a\) Definitions. As used in this provision:

Foreign person means any person other than a United States person as
defined below.

United States person means any United States resident or national (other
than an individual resident outside the United States and employed by
other than a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and any
foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, as provided under the Export Administration Act
of 1979, as amended.

\(b\) Certification. By submitting this offer, the offeror certifies
that it is not:

> \(1\) Taking or knowingly agreeing to take any action, with respect to
> the boycott of Israel by Arab League countries, which Section 8(a) of
> the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a))
> prohibits a United States person from taking; or,
>
> \(2\) Discriminating in the award of subcontracts on the basis of
> religion.

K.9 652.228-70 DEFENSE BASE ACT -- COVERED CONTRACTOR EMPLOYEES (JUN
2006)

**(a) Bidders/offerors shall indicate below whether or not any of the
following categories of employees will be employed on the resultant
contract, and, if so, the number of such employees:**

+-------------------------------------+-------+-----------------------+
| **Category**                        | **Yes | **Number**            |
|                                     | /No** |                       |
+-------------------------------------+-------+-----------------------+
| **(1) United States citizens or     |       |                       |
| residents**                         |       |                       |
+-------------------------------------+-------+-----------------------+
| **(2) Individuals hired in the      |       |                       |
| United States, regardless of        |       |                       |
| citizenship**                       |       |                       |
+-------------------------------------+-------+-----------------------+
| **(3) Local nationals or third      |       | **Local nationals:    |
| country nationals where contract    |       | \_\_\_\_\_\_\_\_**    |
| performance takes place in a        |       |                       |
| country *where there are no* local  |       | **Third Country       |
| workers' compensation laws**        |       | Nationals:**          |
|                                     |       |                       |
|                                     |       | \_\_\_\_\_\_\_\_\_    |
+-------------------------------------+-------+-----------------------+
|                                     |       |                       |
+-------------------------------------+-------+-----------------------+
| **(4) Local nationals or third      |       | **Local nationals:    |
| country nationals where contract    |       | \_\_\_\_\_\_\_\_**    |
| performance takes place in a        |       |                       |
| country where there *are* local     |       | **Third Country       |
| workers' compensation laws**        |       | Nationals:**          |
|                                     |       |                       |
|                                     |       | *                     |
|                                     |       | *\_\_\_\_\_\_\_\_\_** |
+-------------------------------------+-------+-----------------------+

\(b\) The contracting officer has determined that for performance in the
country of Nigeria --

> []{.mark}Workers' compensation laws exist that will cover local
> nationals and third country nationals.

-   Workers' compensation laws do not exist that will cover local
    nationals and third country nationals.

> \(c\) If the bidder/offeror has indicated "yes" in block (a)(4) of
> this provision, the bidder/offeror shall not purchase Defense Base Act
> insurance for those employees. However, the bidder/offeror shall
> assume liability toward the employees and their beneficiaries for
> war-hazard injury, death, capture, or detention, in accordance with
> the clause at FAR 52.228-4.
>
> \(d\) If the bidder/offeror has indicated "yes" in blocks (a)(1), (2),
> or (3) of this provision, the bidder/offeror shall compute Defense
> Base Act insurance costs covering those employees pursuant to the
> terms of the contract between the Department of State and the
> Department's Defense Base Act insurance carrier at the rates specified
> in DOSAR 652.228-74, Defense Base Act Insurance Rates -- Limitation.
> If DOSAR provision 652.228-74 is not included in this solicitation,
> the bidder/offeror shall notify the contracting officer before the
> closing date so that the solicitation can be amended accordingly.
>
> (End of provision)

SECTION L -- INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 [SUBMISSION OF OFFERS]{.underline}

L.1.1. [Summary of instructions]{.underline}. Each offer must consist of
the following:

L.1.1.1. A completed solicitation, in which the SF-33 cover page (blocks
12 through 18, as appropriate), and Sections B and K have been filled
out.

L.1.1.2. Information demonstrating the offeror's ability to perform,
including:

\(1\) Name of a Project Manager (or other liaison to the Consulate) who
understands written and spoken English;

\(2\) Evidence that the offeror operates an established business with a
permanent address and telephone listing;

\(3\) List of clients, demonstrating experience with relevant past
performance information and references (including points of contact,
telephone numbers, fax numbers and emails);

\(4\) Evidence that the offeror can provide the necessary personnel,
equipment, and financial resources needed to perform the work;

\(5\) Evidence that the offeror has all licenses and permits required by
local law (see DOSAR 652.242-73 in Section I).

\(6\) Evidence of H.5, Certificate of Insurance. Offeror shall either
provide:

> a\) a copy of the Certificate of Insurance, or
>
> b)a statement that the contractor will get the required insurance, and
> the name of the insurance provider to be used.

(7) 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.

(8) Annual pool maintenance plan that reflects the proposed frequency
    for meeting the requirement of this contract. This plan will be
    developed to fit the requirements of local conditions, and climate
    factors.

The complete offer shall be submitted at the address indicated at Block
7, if mailed, or Block 9, if hand delivered, of Standard Form 33,
\"Solicitation, Offeror and Award.\"

The Offeror shall explain/justify any deviations, exceptions, or
conditional assumptions taken with respect to any of the instructions or
requirements of this solicitation in the appropriate volume of the
offer.

L.1.2. [Proprietary Data.]{.underline}

Offeror shall specifically identify by page(s), paragraph(s), and
sentence(s), and shall not generalize any information considered to be
proprietary data.

L.2 52.252‑1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)

This contract incorporates the following provisions 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 solicitation provision may be accessed
electronically at:

http://acquisition.gov/far/index.html or,
http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(such as Yahoo, Infoseek, or Alta Vista) is suggested to obtain the
latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

6.  CONTRACTOR IDENTIFICATION NUMBER -- APR 2008

> DATA UNIVERSAL NUMBERING SYSTEM (DUNS)
>
> NUMBER

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH APR 1991

LANGUAGE

1.  INSTRUCTIONS TO OFFERORS--- JAN 2004

> COMPETITIVE ACQUISITIONS

29. TIME-AND-MATERIALS/LABOR-HOUR FEB 2007

PROPOSAL REQUIREMENTS --

NON-COMMERCIAL ITEM ACQUISITIONS

WITH ADEQUATE PRICE COMPETITION

52.237-1 SITE VISIT APR 1984

L.3 [SOLICITATION PROVISIONS INCLUDED IN FULL TEXT]{.underline}

[52.216‑1 TYPE OF CONTRACT (APR 1984)]{.underline}

The Government contemplates award of a fixed price contract resulting
from this solicitation.

[52.233‑2 SERVICE OF PROTEST (AUG 1996)]{.underline}

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from The Management Officer;
U.S. Consulate General -- 2 Walter Carrington Crescent Victoria Island
Lagos.

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

######### L.4 FINANCIAL STATEMENT

If asked by the Contracting Officer, the offeror shall provide a current
statement of its financial condition, certified by a third party that
includes:

[Income (profit-loss) Statement]{.underline} that shows profitability
for the past three years;

[Balance Sheet]{.underline} that shows the assets owned and the claims
against those assets, or what a firm owns and what it owes; and

[Cash Flow Statement]{.underline} that shows the firm's sources and uses
of cash during the most recent accounting period. This will help the
Government assess a firm's ability to pay its obligations.

The Government will use this information to determine the offeror's
financial responsibility and ability to perform under the contract.
Failure of an offeror to comply with a request for this information may
cause the Government to determine the offeror to be nonresponsible.

L.5 [SITE VISIT]{.underline}

Under FAR provision 52.237‑1, Site Visit, the post will arrange for site
visits on October 20, 2008 at 10:00 AM. Offerors should assemble at 7
Macdonald Avenue Ikoyi Lagos and contact Yahaya Mohammed on telephone
number 0803-535-4653 to make appropriate arrangements.

L.6 [TRANSITION PERIOD]{.underline}

The contract authorizes a period for the contractor to phase in its
performance (See Section H, \"Transition Plan\").

L.7 [652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999)]{.underline}

\(a\) The Department of State\'s Competition Advocate is responsible for
assisting industry in removing restrictive requirements from Department
of State solicitations and removing barriers to full and open
competition and use of commercial items. If such a solicitation is
considered competitively restrictive or

does not appear properly conducive to competition and commercial
practices, potential offerors are encouraged to first contact the
contracting officer for the respective solicitation. If concerns remain
unresolved, contact the Department of State Competition Advocate on
(703) 516-1680, by fax at (703) 875-6155, or write to: Department of
State, Competition Advocate, Office of the Procurement Executive
(A/OPE), Suite 603, SA-6, Washington, DC 20522-0602.

\(b\) The Department of State\'s Acquisition Ombudsman has been
appointed to hear concerns from potential offerors and Contractors
during the pre-award and post-award phases of this acquisition. The role
of the ombudsman is not to diminish the authority of the contracting
officer, the Technical Evaluation Panel or Source Evaluation Board, or
the selection official. The purpose of the ombudsman is to facilitate
the communication of concerns, issues, disagreements, and
recommendations of interested parties to the appropriate Government
personnel, and work to resolve them. When requested and appropriate, the
ombudsman will maintain strict confidentiality as to the source of the
concern. The ombudsman does not participate in the evaluation of
proposals, the source selection process, or the adjudication of formal
contract disputes. Interested parties are invited to contact the
contracting activity ombudsman; Vicki Hutchinson at 234-1-460-3400 and
fax \# 234-1-261-0570. For an American Embassy or overseas post, refer
to the numbers below for the Department Acquisition Ombudsman. Concerns,
issues, disagreements, and recommendations which cannot be resolved at a
contracting activity level may be referred to the Department of State
Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or
write to: Department of State, Acquisition Ombudsman, Office of the
Procurement Executive (A/OPE), Suite 603, SA-6,

Washington, DC 20522-0602.

L.8 [652.214-71 AUTHORIZATION TO PERFORM (DEC 1994)]{.underline}

The Contractor warrants that:

(a) it has obtained authorization to operate and do business in the
    country or countries in which this contract will be performed;

(b) it has obtained all necessary licenses and permits required to
    perform this contract; and

(c) it shall comply fully with all laws, decrees, labor standards, and
    regulations of said country or countries during the performance of
    this contract.

**[652.228-74 DEFENSE BASE ACT INSURANCE RATES -- LIMITATION (JUN
2006)]{.underline}**

\(a\) The Department of State has entered into a contract with an
insurance carrier to provide Defense Base Act (DBA) insurance to
Department of Sate covered contactor employees at a contracted rate. For
the purposes of this provision, "covered contractor employees" includes
the following individuals:

(1) United States citizens or residents;

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(1) Individuals hired in the United States or its possessions,
    regardless of citizenship; and

(2) Local nationals and third country nationals where contract
    performance takes place in a country where there are no local
    workers' compensation laws.

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(b) In preparing the cost proposal, the bidder/offeror shall use the
    following rates in computing the cost for the DBA insurance:

> Services @ \$4.30 per \$100.00 of compensation; or
>
> Security Contractor/Guards @ \$10.30 per \$100.00 of compensation; or
>
> Construction @ \$5.56 per \$100.00 of compensation.

\(c\) Bidders/Offerors shall compute the total compensation (direct
salary plus differential, but excluding per diem, housing allowances) to
be paid to covered contractor employees and the cost of DBA insurance in
their bid/proposal using the foregoing rate. Bidders/offerors shall
include the estimated DBA insurance costs in their proposed fixed price
or estimated cost. However, the DBA insurance costs shall be identified
in a separate line item in the bid proposal."

**SECTION M - EVALUATION FACTORS FOR AWARD**

M.1 [EVALUATION OF PROPOSALS]{.underline}

M.1.1 [General]{.underline}. To be acceptable and eligible for
evaluation, offerors must prepare proposals following Section L.
Proposals shall meet all the requirements set forth in the other
sections of this solicitation. The Government may determine an offeror
to be unacceptable and exclude it from further consideration for failure
to comply with Section L.

M.1.2. [Basis for Award]{.underline}.

The Government intends to award a contract resulting from this
solicitation to the lowest priced, technically acceptable offeror who is
a responsible Contractor. The evaluation process will follow the
procedures below:

a\) [Initial Evaluation]{.underline}

The Government will evaluate all proposals received to ensure that each
proposal is complete in terms of submission of each required volume, as
required by Section L. The Government may eliminate proposals that are
missing required information.

b)  [Technical Acceptability]{.underline}

The Government will thoroughly review those proposals remaining after
the initial evaluation to determine technical acceptability. The
Government will review Technical Acceptability by reviewing information
submitted as part of L.1.1.2, including a review of **the** offeror\'s
ground and swimming pool maintenance plan, proposed project manager to
ensure that he or she is acceptable to the Government. The Government
may also review past references provided as part of the Experience and
Past Performance information as described in L.1.1.2(3) to verify
quality of past performance.

c)  [Price]{.underline}

The Government will evaluate price for all technically acceptable
offerors and determine the lowest overall price in Section B.

d\) [Responsibility]{.underline}

The Government will determine responsibility by analyzing whether the
apparent successful offeror complies with the requirements of FAR 9.1,
including:

(1) adequate financial resources or the ability to obtain them;

(2) ability to comply with the required performance period, taking into
    consideration all existing commercial and governmental business
    commitments;

(3) satisfactory record of integrity and business ethics;

(4) necessary organization, experience, and skills or the ability to
    obtain them;

(5) necessary equipment and facilities or the ability to obtain them;
    and

(6) otherwise qualified and eligible to receive an award under
    applicable laws and regulations.

The Government reserves the right to reject proposals that are
unreasonably low or high in price. The Government will notify
unsuccessful offerors as required by FAR 15.503.

M.1.3 [AWARD SELECTION]{.underline}

The Government will review the prices of all technically acceptable
firms and the award selection will go to the lowest priced, technically
acceptable, responsible offeror. As described in FAR 52.215-1,
incorporated by reference in Section L, the Government may award based
on initial offers, without discussions.

M.2 [52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB
2000)]{.underline}

If the Government receives offers in more than one currency, the
Government will evaluate offers by converting the foreign currency to
United States currency using the exchange rate used by the Embassy in
effect as follows:

\(a\) For acquisitions conducted using sealed bidding procedures, on the
date of bid opening.

\(b\) For acquisitions conducted using negotiation procedures---

> \(1\) On the date specified for receipt of offers, if award is based
> on initial offers; otherwise
>
> \(2\) On the date specified for receipt of proposal revisions.

M.3 PRICE EVALUATION

For the purpose of evaluation, and for no other purpose, the Government
will evaluate prices submitted on the basis that the Government will
require the estimated quantities shown in Section B of this
solicitation. The Government will add the prices for standard services,
temporary additional services, and materials/equipment to obtain a total
price evaluation

M.4 SEPARATE CHARGES

Separate charges, in any form, are not solicited. For example, any
charges for failure to exercise an option are unacceptable.