F--BIOLOGICAL OPINION (BO) RESTORATION FENA WATERLINE REPLACEMENT, NAVY BASE GUAM MUNITIONS SITE

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Solicitation is N40192-13-R-5001. All incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-49. This solicitation is set-aside for Historically Underutilized Business Zone Small Business Concerns. All responsible sources may submit a response which, if timely received must be considered by the agency. The North American Industry Classification System code is 561730 and the small business size standard is $7M. Proposals shall include all labor, supervision, tools, equipment, materials, management and transportation necessary to complete the reforestation of an area located within the Naval Base Guam Munitions Site using native limestone forest tree species and the provision of ungulate damage protection by placement of suitable perimeter fencing. The work shall be performed in accordance with the attached Performance Work Statement dated 28 February 2013. The performance period is five (5) months from the date of award. 2. The following Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and Naval Facilities Acquisition Supplement (NFAS) provisions and clauses apply to this acquisition: Environmental Definitions 23.001, 52.216-24, Limitations of Government Liability, Contracting for Environmentally Preferable Products and Services 23.700, 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004), 52.212-4, Contract Terms and Conditions—Commercial Items (FEB 2012), 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (FEB 2012)(DEV), with additional sub-clauses applicable for this solicitation: 52.203-3, Gratuities (APR 1984), 52.204-10, Reporting Executive Compensation and first-Tier Subcontract Awards (FEB 2012), 52.209-6, Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011), 52.219-8, Utilization of Small Business Concerns (JAN 2011), 52.219-14, Limitations on Subcontracting (NOV 2011), 52.219-28, Post Award Small Business Program Representation (APR 2009), 52.222-3, Convict Labor (JUN 2003), 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JUL 2010), 52.222-26, Equal Opportunity (MAR 2007), 52.222-35, Equal Opportunity for Veterans (SEP 2010), 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010), 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010), 52.222-37, Employment Reports on Veterans (SEP 2010), 52.222-50, Combating Trafficking in Persons (FEB 2009), 52.222-54, Employment Eligibility Verification (JAN 2009), 52.225-1, Buy American Act—Supplies (FEB 2009), 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003), 52.233-3, Protest After Award (AUG 1996), 52.247-64, Preference for Privately Owned U.S. Flag Commercial Vessels (FEB 2006), 52.222-41, Service Contract Act of 1965 (NOV 2007), 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989), 52.222-43, Fair Labor Standards Act and Service Contract Act (SEP 2009); 52.222-44 Fair Labor Standards Act and Service Contract Act-Price Adjustment (SEP 2009), 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (DEC 2010)(DEV), 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010), 252.232-7010, Levies on Contract Payments (DEC 2006), 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, 252.232-7006, Wide Area Workflow Payment Instructions, as prescribed at DFARS 232.7004, 252.243-7002, Requests for Equitable Adjustment (MAR 1998), 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010), 252.247-7023, Transportation of Supplies by Sea (MAY 2002)(ALT I), 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000), NFAS 5252.212-9300, Commercial Warranty (NOV 1998), 5252.223-9300, Inspection by Regulatory Agencies (JUN 1994), 5252.246-9303, Consequences of Contractor’s Failure to Perform Required Services (OCT 2004). Offerors must maintain the minimum insurance amounts for Workman’s Compensation and Employer Liability Insurance, General Liability Insurance, and Automobile Insurance consistent with Government of Guam law. 3. The following provisions apply to this solicitation: FAR 52.212-1, Instructions to Offerors–Commercial Items; 52.212-2, Evaluation–Commercial Items with paragraph (a) consisting of the following verbiage: 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: Offeror Experience, Past Performance, and Price. Evaluation method: Evaluation of proposals will be based on price and non-priced criteria and award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Definition of acceptability: ACCEPTABLE: Proposal clearly meets the minimum requirements of the solicitation. The offeror’s experience and past performance meet or exceed performance and capability standards for the project. The proposal may have weaknesses, but contain no deficiencies. UNACCEPTABLE: Proposal clearly does not meet minimum requirements of the solicitation. The offeror’s experience and past performance do not meet performance and capability standards for the project. The proposal contains deficiencies resulting in increased risk of unsuccessful contract performance. NOTE: No rating will be assigned if the offeror has no record of relevant past performance or information on past performance is not available. The rating is considered neither favorable nor unfavorable. FAR 52.212-3, Offeror Representations and Certifications – Commercial Items; 5252.237-9302, SITE VISIT (JUL 1995); and DFARS 252.212-7000, Offeror Representations and Certifications--Commercial Items. Offeror must include a completed copy of this provision with their proposal. Text versions of all clauses/provisions are given in full text at http://www.acquisition.gov/comp/far/index.html. 4. All responsible contractors are encouraged to submit an offer in response to this solicitation. Proposals must be received by this office no later than 4:30 p.m. (local time) on Friday, 15 March 2013. Offerors shall submit the proposal to the following address: For Hand Delivery: NAVAL FACILITIES ENGINEERING COMMAND MARIANAS, PEDRO LG ROBERTO DRIVE, APRA HEIGHTS, BLDG 4175 SANTA RITA, GUAM, 3rd floor, Room A315. You will need to call a Government POC upon arrival to the building to gain access. Your Government POC is Arthur J. DeWitz, Contract Specialist, and he can be reached at +1 (555) 000-0000. For Postal Delivery: NAVAL FACILITIES ENGINEERING COMMAND MARIANAS, ATTENTION: ARTHUR DEWITZ, PSC 455, BOX 195 FPO, AP 96540-2937. ELECTRONIC SUBMITTALS WILL NOT BE ACCEPTED. Proposals must be received and date/time stamped by the Contracting Officer on or before the date and time specified in the solicitation. Late submittals will not be considered unless it meets the requirements in FAR 52.212-1 Instructions to Offerors – Commercial Items. 5. Submission Requirements: Offerors must submit, as part of their proposal, the following: (1) Attachment A, Completed Offeror Experience Project Data Sheet (no more than 3 projects; maximum of 10 pages), (2) Attachment B, Past Performance Questionnaire (no more than 3 projects), (3) Completed Price Proposal, and (4) Completed copies of FAR 52.212-3, as well as DFARS 252.212-7000 or Online Representations and Certifications Application (ORCA) record. ORCA is located at https://orca.bpn.gov. The provisions and clauses can be found at FAR website: http://farsite.hill.af.mil and DFARS website: http://farsite.hill.af.mil/vfdfara.htm. If you are submitting a project that your firm performed as a subcontractor, the prime contractor may be cited as the client POC. Additionally, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror. Offerors who submit past performance and experience information of a parent, sister, predecessor or other affiliated company must describe what involvement such company will have on the instant acquisition. The proposal should clearly indicate how the resources of the parent, sister, predecessor or other affiliated company-its workforce, management, facilities, or other resources-will be provided or relied upon for contract performance. 6. Request for Information (RFI): Inquiries regarding this solicitation shall be submitted electronically using the Request for Information form provided as Attachment C. The Point of Contact for inquiries is Arthur J. DeWitz, email at contact@example.gov. The Government does not intend to respond to inquiries submitted later than 4:30 p.m. (local time) on Tuesday, 12 March 2013. 7. To be eligible to receive an award resulting from this solicitation, offerors are required to provide their Contractors’ DUNS Number with their proposal. Offerors must (No Exceptions) be registered in the DoD Central Contractor Registration (CCR) database. To register, you may apply through the Internet at https://www.bpn.gov/ccr/default.aspx. This acquisition is unrated in accordance with the Defense Priorities and Allocations System.