HDEC02-09-T-0003 Tidewater.doc

Section SF 1449 - CONTINUATION SHEET

POTTED PLANTS FOR RESALE-IN STORE

FFP

YEAR ROUND, SEASONAL/HOLIDAYS FOR COMMISSARIES LOCATED AT FORT EUSTIS , OCEANA NAS, PORTSMOUTH NNSY, LANGLEY AFB, LITTLE CREEK NAB, AND NORFOLK NB, VA. SEE CORE ITEMS LIST, ATTACHMENT II. PERIOD OF PERFORMANCE: SEPTEMBER 1, 2009, TO AUGUST 31, 2010.

FOB: Destination

PURCHASE REQUEST NUMBER: HQCXXX09099PLNT

NET AMT

POTTED PLANTS FOR RESALE-INSTORE

YEAR ROUND, SEASONAL/HOLIDAYS FOR COMMISSARIES LOCATED AT FORT LEE, VA. SEE CORE ITEMS LIST, ATTACHMENT II. PERIOD OF PERFORMANCE: SEPTEMBER 1, 2009, TO AUGUST 31, 2010.

NET AMT

POTTED PLANTS FOR RESALE-INSTORE

YEAR ROUND, SEASONAL/HOLIDAYS FOR COMMISSARIES LOCATED AT SHAW AFB, SC. SEE CORE ITEMS LIST, ATTACHMENT II. PERIOD OF PERFORMANCE: SEPTEMBER 1, 2009, TO AUGUST 31, 2010.

NET AMT

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500

INSTALLATION ACCESS REQUIREMENTS (DEC 2001)

The contractor is responsible for ensuring compliance with installation access procedures for both personnel and vehicles.

52.212-1 Addendum – Instructions to Offerors—Commercial Items (JUN 2008)

1. Submit an offer. To be considered for award, your response to this solicitation must include the following:

a. On the Contractor Information Sheet, Attachment – I (Pages 33-34), provide all information required by the fill-in-blanks. This information should match the information provided in your Central Contractor Registration (CCR) and Electronic Funds Transfer (EFT) databases. These registrations are required before an award can be made. Registration may be made and accomplished electronically at web site www.ccr.gov.

b. Complete Standard Form 1449 with information required in Blocks 17a (to include DUNS number), and Blocks 30a, b, c by someone in your company who has the authority to bind the company contractually.

c. Complete Offeror’s Pricing for the 41 varieties of potted plants on the Core Items List, Attachment – II (Page 35). Insert the total price for all items in the Contract Line Item(s) (CLIN) for which you are interested. See Pages 3 and 4.

d. FAR 52.212-3, Offeror Representations and Certification- Commercial Items, (Pages 7-18), should be read carefully. You are required to complete all information with the exception of paragraphs f. and g., which are not applicable to resale.

e. DFARS 252.212-7000, Offeror Representations and Certifications – Commercial Items, (Page 30), should be read carefully. You are required to complete Representation Paragraph (c).

f. Addendum to FAR 52.212-4, Contract Terms and Conditions – Commercial Items, (Pages 18-22) should be read carefully. The terms and conditions set forth herein are specific to this award.

g. FAR 52.232-4500, Delivery Ticket Invoice Procedures Clause (Page 28) should be read carefully and completely filled in. This information must match the information submitted on your CCR and EFT registrations to ensure timely payment information to your designated EFT account.

h. A brief narrative addressing the technical capability factors in General Information, Paragraph 2. below. Do not exceed two typewritten pages to provide the information.

i. Offeror shall provide with completed solicitation five or a minimum of three references of past performances. Offeror shall provide for each reference;

· names

· addresses

· telephone number

· email addresses (if applicable)

j. Mail a completed package to address in Block 9, Standard Form (SF) 1449 to arrive NO LATER THAN 4:00 P.M. AUGUST 19, 2009.

2. General Information of addressing Technical Capabilities are as follows;

a. Customer Satisfaction - The offeror shall identify a methodology employed for promoting and measuring customer satisfaction, adjusting/refining levels of service and product mix to achieve the satisfaction objectives, and promoting awareness of the benefits of the managed service.

b. Increased Sales - The offeror shall describe its principles, practices, and procedures for increasing sales, to include marketing and merchandising strategies. The offeror shall highlight any major factors influencing its ability to increase sales, and the extent of Government participation required to be successful.

c. Continue Customers Savings - The offeror shall describe how successful methods to identify and control product cost factors, implementing industry best practices and all other aspects of its long-term approach to providing continued customer savings.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical capability;

(ii) Past Performance;

(iii) Price

Technical and past performance, when combined, are more important than price.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2009) ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in 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 paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

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.

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.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) (The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its 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 his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, 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.

(f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) ( ) 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 Federal, state or local government 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; and

(3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) [ballot] Have, [ballot] 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.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) 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.

(B) 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.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 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.

(B) 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. Sec. 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.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 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.

(D) 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).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)

(1) Listed End Product

Listed End Product Listed Countries of Origin:

(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)

( )(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) ( )In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) (The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.)

( ) (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror ( ) does ( ) does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

( ) (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ) does ( ) does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies--

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) 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 (31 U.S.C. 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.

(3) 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 United States and does not have an office or place of business or a fiscal paying agent in the United States;

( ) Offeror is an agency or instrumentality of a foreign government;

( ) Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

( ) Sole proprietorship;

( ) Partnership;

( ) Corporate entity (not tax-exempt);

( ) Corporate entity (tax-exempt);

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

( ) Foreign government;

( ) International organization per 26 CFR 1.6049-4;

( ) Other ----------.

(5) Common parent.

( ) Offeror is not owned or controlled by a common parent;

( ) Name and TIN of common parent:

Name --------------------.

TIN --------------------.

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.

(End of provision)

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

1. DESCRIPTION: This Contract is for the acquisition of a variety of potted plants and foliages to be furnished year round for resale; to include seasonal and holiday items to the Defense Commissary Agency. This contract is the primary source of supply for fresh potted house plants for various commissary stores of a specific name and location described herein as;

LINE ITEM 001 – Tidewater stores in Virginia Eastern Region include the following addresses and Store Director Contact information;

DEFENSE COMMISSARY AGENCY

FORT EUSTIS COMMISSARY

13TH & LEE BLVD BUILDING 1382

FORT EUSTIS, VA 23604-5542

POC: STEVEN VILLENEUVE

PHONE: 757.878.5608 Ext 283

DEFENSE COMMISSARY AGENCY

LANGLEY AFB COMMISSARY

51 SPAATZ DRIVE BUILDING 291

LANGLEY AFB VA 23665-2078

POC: ARTHUR J LEHMAN

PHONE: 757.865.1878 Ext. 3103

DEFENSE COMMISSARY AGENCY

LITTLE CREEK NAB COMMISSARY

1180 AMPHIBIOUS DRIVE BUILDING 3445

LITTLE CREEK NAB VA 23521-2699

POC: JOHN BLYTHE

PHONE: 757.464.3561

DEFENSE COMMISSARY AGENCY

NORFOLK NS COMMISSARY

1588 MALL DRIVE

NORFOLK VA 23511-3899

POC: DANIEL BOSWELL

PHONE: 757.423.6070 X 313

DEFENSE COMMISSARY AGENCY

OCEANA NAS COMMISSARY

1300 OCEANA BLVD BUILDING 3070

VIRGINIA BEACH VA 23454

POC: HAZEL ENNIS

PHONE: 757.428.6401

DEFENSE COMMISSARY AGENCY

PORTSMOUTH NNSY COMMISSARY

SCOTT CENTER ANNEX BUILDING 350

PORTSMOUTH VA 23790

POC: DOUG W BUNTLEY

PHONE: 757.399.7941 Ext. 201

LINE ITEM 002 – Fort Lee Commissary, located in Virginia Eastern Region at the following address and STORE DIRECTOR Contact Information;

DEFENSE COMMISSARY AGENCY

FORT LEE COMMISSARY

400 SHOP ROAD

FORT LEE, VA 23801 United States

POC: STORE DIRECTOR, ARRIE CARSON

PHONE: 804 765-1485

LINE ITEM 003 – Shaw AFB, located in South Carolina Eastern Region located at the following address and with the following STORE DIRECTOR Contact Information;

DEFENSE COMMISSARY AGENCY

SHAW AFB COMMISSARY

531 SHAW DRIVE

SHAW AFB, SC 29152-5033 United States

POC: STORE DIRECTOR, JOEY T AUTERY

PHONE: (803) 895-1281

2. CONTRACT TERM: Contract shall begin September 1, 2009, or date of contract award, whichever is later, and extend thru August 31, 2010.

3. GUARANTEED SALE PROGRAM: For the stores under the potted house plant program, the contractor guarantees credit will be issued for plants that are not sold. Each commissary will provide adequate display space and fixtures to support the potted plant program. Those items not acceptable to the customer will be voluntarily credited back to the Government as well as those products which have been damaged by the Contractor or its representative’s abuse or misuse. The contractor is encouraged to feature its guaranteed plant program during special events such as Farmers Markets, Truckload Sales and/or Road Show events.

4. PLANT MAINTENANCE and LABELING: The Contractor shall provide that each plant be TAGGED with the name of the plant and instructions as to its proper care, and be in conformance with Uniform Weights and Measurers Law and the Uniform Packaging and Labeling Regulations. To assist you in this regard the Produce Marketing Association (PMA) has issued an industry guide which can be view at www.pma.com. The contractor shall provide a sufficient number of contractor representatives to ensure merchandising visits are made to each store twice a week to care for the plants. With minimal assistance from the government, the contractor’s representative shall maintain and merchandise the plants to ensure they remain attractive for resale to commissary shoppers. Contractor shall water, mist and shine plants as required to maintain health and appearance of plants. All plants must be shade grown and/or acclimatized, free of disease and insects, and must be of proper color. Contractor’s representative shall provide drip pans or plastic dishes to prevent water spillage from the plants. The Contractor shall ensure that each plant has affixed to it a sticker with the PRICE and a UPC for scanning. The contractor shall provide the supplies required to accomplish the maintenance and the merchandising of the plants as set forth herein, to include price stickers and promotional signs. All seasonal items must be in proper presentation for the season for which they are intended.

5. ORDERS and DELIVERIES: Each commissary location willl determine the order quantities and place the order directly with the contractor. The contractor shall provide an order form and plant order guide to the produce manager or authorized ordering official on Wednesday of each week. The produce manager or authorized ordering official shall complete the pre-order form for deliveries for the following week and return it to the contractor not later than 12:00 p.m. (noon) every Friday. Orders for plants must be in full case quantities. Both the government ordering official and the contractor’s representative shall sign the order designating approval by both parties. A separate call order number will be assigned to the order form by the Government Ordering Official. Contractor shall be in compliance with all state and federal laws with regard to the movement and sale of plants.

6. MARKDOWNS and CREDITS: The contractor’s representative and the produce manager shall jointly apply markdown prices to plants that need to be reduced for quick-sale. The contractor’s representative and produce manager shall both sign an official credit document that is to be turned in to the contractor each Friday along with the next week’s plant order. The contractor shall issue weekly credits that will be applied to the next delivery ticket invoice for plants that do not sell. The contractor shall remove plants that do not sell from the commissary store.

7. PLANTS AND PLANT AREA MAINTENANCE: The Contractor shall deliver, stock replenish, maintain and care for the plants, and be responsible for the appearance of their designated area, at least twice per week or more frequently as agreed to between the store management and the Contractor. (i.e. a high volume of plant sales may require more frequent deliveries and maintenance.) The contractor shall provide a sufficient number of contractor representatives to ensure plant care is provided to each store twice per week. The contractor shall be responsible for ensuring that there is sufficient quantity and quality of presentation available for patrons needs at all times. All plants must be covered with plastic film from the bottom of the pot to the top of the foliage upon delivery. The film shall be removed from each plant after Government acceptance of product.

8. ORDERING INFORMATION:

(a) All DeCA orders are “fill” or “kill.” The contractor shall not substitute plants, ship unauthorized plant, or back-order a plant. Partial shipment is acceptable only if the Store Director or designee is notified and agrees to accept the delivery; however, the unfilled quantity will be canceled.

(b) The Government’s list of core items contains the products that the contractor shall ensure are always available for delivery, if ordered. This “never-out” list of core items shall be available 100% of the time. Core items marked as “seasonal” shall be available 100% of the time that they are in season. All non-core items shall be available for delivery at least 96% of the time

9. DISTRIBUTION METHOD: The distribution method for this contract will be Direct Store Delivery – Single Order (DSDS). Billing for this method of delivery is on a per call and delivery basis (one delivery ticket/invoice per day).

10. DELIVERY REQUIREMENTS:

(a) Delivery is FOB Destination. Title of the product is transferred from the contractor to the Government when received and accepted at destination.

(b) The contractor is responsible for proper product storage, segregation, and delivery of product in excellent condition.

11. DELIVERY SCHEDULE:

(a) The contractor shall deliver on the required delivery days as specified on the schedule and within the required timeframe for receiving plants at each commissary. The commissary shall coordinate any unscheduled closing (i.e. inclement weather) with the contractor for alternate delivery arrangements. For the most up-to-date store information (i.e. phone numbers, directions), see Locations on DeCA’s website: http://www.commissaries.com. The contractor shall ensure consistent delivery service is provided to each location during holidays and weekends, as required by the delivery schedule.

(b) The contractor is responsible for delivering products and/or communicating information related to the deliveries directly to the stores. Deliveries other than as specified in the delivery schedule are considered late. The contractor shall be responsible for notifying the designated point-of-contact at the store location of any late deliveries, in advance. Late deliveries or failure to deliver the proper quantities will be documented with the contractor’s past performance history, and could impact the decision to exercise the options or future awards. Changes to the delivery schedule shall be coordinated between the contractor and commissary management. The designated Region Produce Specialist will be the principle party for resolution of all delivery-related disputes. The Contracting Officer shall be notified if the contractor, commissary management, and Region Produce Specialist cannot resolve any dispute.

(c) All orders shall be delivered in accordance with the established delivery schedule, except on the Federal Holidays outlined below. When a scheduled delivery day falls on one of the three holidays that the commissary is closed, delivery shall occur on the next business day. Saturday holidays are celebrated on the preceding Friday and Sunday holidays are celebrated on the following Monday. Some store locations may require delivery of product on the regularly schedule day that falls on a holiday or the Store Director or designee may reschedule product delivery for a different day other than regular delivery day due to reduced store personnel. The contractor shall coordinate delivery with the Store Produce Manager for the holidays that the store is not closed.

Observed Holidays:

New Year’s Day -- CLOSED

Martin Luther King, Jr. Birthday

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day -- CLOSED

Christmas Day -- CLOSED

(d) Under unusual circumstances for operational or mission requirements, the delivery schedule and/or order quantities may fluctuate due to conditions such as personnel shortages, renovation of stores, closing of existing stores, military downsizing, base realignment, or increases/decreases in personnel during crisis situations or deployment.

12. PAYMENT INFORMATION: The Defense Finance Accounting Service (DFAS) Center located in Columbus,…