EXHIBIT D MATOC Task Order OFFERING FORM Seed Project B426 revised 2May2022.pdf

Fair Opportunity Notice No: W912J2-22-R-0001

PROPOSED TASK ORDER NOTICE

W912J2‐22‐R‐0001 Revised 2 May 2022

OFFERED:

☒ Small Business Set-Aside

☐ Services Disabled Veteran Owned

☐ 8(a) ☐ HUBZone

☐ Woman Owned ☐ EDWOSB

PROJECT TITLE: F-35: Construct A/SE Cold Storage (B426)

PROJECT DESCRIPTION: Facility B426 currently supports the F-16 mission at Truax Field. The intent of this project is to construct a 2,000 SF addition for Aircraft Support Equipment (A/SE) to support the base’s F-35 program. The addition is to be added to the west side of the existing building and includes but is not limited to an open storage area with multiple overhead doors for flexible access and arrangement of flightline equipment.

NAICS CODE: 236220 – Commercial and Institutional Building Construction BUSINESS SIZE: $ 39.5M

MAGNITUDE OF PROJECT:

☐ $25,000 - $100,000 ☐ $100,000 - $250,000 ☐ $250,000 - $500,000 ☒ $500,000 - $1,000,000 ☐ $1,000,000 - $5,000,000

☒ Funds are not presently available for this contract. Currently, the Government anticipates funds will become available prior to but no later than midnight 30 September 2022. This action has been identified on the National Guard priority list for award if funds become available and the prices received are within an awardable range.”

OFFER DUE DATE:

All Offers are due by 2pm CDT on 16 May 2022 Email submissions of offers WILL be accepted.

Send emails to: Zachary.r.tevis.civ@army.mil dave.mattila.2@us.af.mil and 115.FW.FW-Contracting.Org@us.af.mil Facsimile offers WILL NOT be accepted.

Send Fax to: N/A Hand deliver offers to: N/A

PERFORMANCE PERIOD (FAR 52.211-10): The Contractor shall be required to (a) commence work under this contract within 120 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 29 January, 2023. The time stated for completion shall include final cleanup of the premises.

SITE VISIT: A site visit will be conducted on 28 April 2022 at 10:00 a.m. Central Standard Time at 115th Fighter Wing, Main Gate, Truax Field, Madison, WI 53704. Information provided at this site visit as well as answers to questions shall not change/qualify the terms and conditions of this notice and specifications.

Terms remain unchanged unless notice is amended in writing. If an amendment is issued, normal procedure relating to the acknowledgment and receipt of notice amendments shall apply.

QUESTIONS AND ANSWERS: All questions and answers must be in writing. Email questions to:

Zachary.r.tevis.civ@army.mil; dave.mattila.2@us.af.mil and 115.FW.FW-Contracting.Org@us.af.mil. DO NOT contact engineers or AE as this will only delay receipt of answers. Questions must be received NLT three workdays prior to closing. Answers will be provided with questions, on a non-attribution basis to all eligible MATOC contractors.

BASIS FOR AWARD: (only checked items apply; refer to instructions to offerors at the end of the document for more information)

☒ Price ☐ Past Performance = Price ☐ Technical + Past Performance = Price (FAR 15.3)

☐ Technical Capability = Price

ACCEPTANCE PERIOD: The offeror agrees to perform the work required at the price specified below in strict accordance with the terms of this offering if this offer/quote is accepted by the Government in writing within 120 calendar days after the date offers are due. Offers providing less than the number of days specified may not be considered. If no number is specified, 60 days shall apply.

All terms and conditions of the Basic Contract are incorporated in the resulting task order by reference unless otherwise stated.

This notice is not authorization to begin performance, and in no way obligates the Government for any costs incurred by the offeror associated with developing an offer. The Government reserves the right not to award an order in response to this notice. Prior to commencement of any activities associated with performance of this requirement, the Government will issue a written directive or contractual document signed by the Contracting Officer with appropriate consideration established.

PART I - PROVISIONS

☒ FAR 52.228-1 Bid Guarantee (Sep 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

NOTE: If the offeror represents that it “does” provide equipment or services in paragraphs (c)(1) or (c)(2) of the above provision, FAR provision 52.204-24 will also apply and shall be provided on a separate signed representation attached to this offer.

252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov/) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

NOTE: If the offeror represents that it “does” provide equipment or services in paragraph (c) of the above provision, DFARS provision 252.204-7017 will also apply and shall be provided on a separate signed representation attached to this offer.

The Following Provisions if marked [X] are applicable to this task order notice

☐ Instructions to Offerors. Alternate Offers. The government at its option will accept and evaluate alternate offers; however offerors must also price the project as specified. Alternate offers should include enough detail for the Government to understand the alternate as well as its benefits. Costs and or credits shall be listed separately. Offerors who do not provide alternate offers may not be notified in the event the government elects to accept an alternate offer from another offeror.

☐ FAR 52.217-5 Evaluation of Options applies to this notice.

☐ DFARS 252.236-7006 Cost Limitation (JAN 1997)

(a) Certain items in this notice are subject to statutory cost limitations. The limitations are stated in the Schedule.

(b) An offer which does not state separate prices for the items identified in the Schedule as subject to a cost limitation may be considered nonresponsive.

(c) Prices stated in offers for items subject to cost limitations shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.

(d) Offers may be rejected which—(1) Are materially unbalanced for the purpose of bringing items within cost limitations; or(2) Exceed the cost limitations, unless the limitations have been waived by the Government prior to award.

PART II - CLAUSES

THIS PART WILL ALSO BE INCLUDED IN THE RESULTING TASK ORDER

All work shall be in strict accordance with the:

☒ Plans/Drawings and Specifications dated August 6, 2021:

Truax_B426_IFB_Dwgs_AUG_2021

Truax_B426_IFB_Specs_AUG_2021

PERFORMANCE & PAYMENT BONDS: In accordance with FAR Clause 52.228-15 DEVIATION 2020- O0016, Performance and Payment Bonds-Construction, Offerors are reminded that any amount awarded over $35,000 shall require Payment Bonds and awards exceeding $150,000 shall require both Payment and Performance Bonds. All bonds are due no later than 10 days after award.

WAGE DETERMINATION: Currently, General Decision Number WI20220005 Modification Number 5 dated 17 March 2022 for Dane County is applicable to this task order. Rates can be found at https://sam.gov/. However, the current prevailing Wage Determination will be incorporated at the time of award. In the event the current prevailing Wage Determination is changed by the Department of Labor after the closing date of this notice, the updated Wage Determination will be incorporated by amendment and issued to all Offerors that have not been eliminated from the competition. If applicable, these Offerors will be given a reasonable opportunity to provide revised offers solely to amend offers due to Wage Determination changes. This does not constitute and shall not constitute as discussions if award without discussions is contemplated.

For the purposes of this offering, it is implied that, that any and all parties agree to a Criminal History Background Check once entered into any contract/task order. Any documents that are provided and found fraudulent to include, but not limited to driver’s licenses, contracting licenses, etc., will result in an arrest and potential termination for default from the contract. All contractors are subject to search in order to obtain entry onto the installation and while working on the installation. Any refusal to submit to a search of their person or vehicle will be deemed as a violent act of aggression against the installation and will be cause for dismissal from the installation and revocation of future privileges and installation access.

PROJECT SAFETY: In accordance with FAR 52.236-13, Accident Prevention, construction contractors are required to use the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385- 1-1 To access the manual use the following link:

https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements- Manual/

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) will be incorporated by full text in the resulting task order.

FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019) The Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. The NGB Ombudsman may be contacted as follows:

National Guard Bureau Office of the Director of Acquisitions/Head of Contracting Activity

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204 E-mail: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2021) will be incorporated by full text in the resulting task order.

Commented [KCLNUAN1]: Update WD

The Following Provisions/Clauses if marked [X] are applicable to this task order notice and resulting task order

☐ FAR 52.217-7 Option for Increased Quantity- Separately Priced Line Item applies to award when option(s) not taken at time of award. The Government reserves the right to award option individual line items at time of basic line item award or after award, but not later than 45 days after Notice to Proceed.

Performance period upon award of options will/will not be extended.

☒ FAR 52.246-21 Warranty of Construction is applicable to the resulting task order.

☒ FAR 52.211-12 Liquidated Damages. Liquidated Damages in the amount of $540.20 will be assessed daily on Contractor for not completing the project within the specified amount of time. There is also a one-time charge of $153.00 for legal services that will apply.

☒ FAR 52.236-14 Availability and Use of Utility Services The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, at its expense IAW the clause entitled “Availability and Use of Utility Services” (FAR Clause 52.236-14). The following utilities will be available:

(a) Electrical – Madison Gas & Electric

(b) Natural Gas – Madison Gas & Electric

(c) Potable Water – Madison Water Utility

(d) Sanitary Sewer – City of Madison Engineering Division

IF TASK ORDER IS OVER $25,000 FAR 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards (Aug 2012) is applicable to this order. The following are the codes needed to accomplish the reporting:

TAS: 5700 3400 Agency: Dept of Defense 9700

☐ DFARS 252.236-7006 Cost Limitation (JAN 1997)

(a) Certain items in this notice are subject to statutory cost limitations. The limitations are stated in the Schedule.

(b) An offer which does not state separate prices for the items identified in the Schedule as subject to a cost limitation may be considered nonresponsive.

(c) Prices stated in offers for items subject to cost limitations shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.

(d) Offers may be rejected which—(1) Are materially unbalanced for the purpose of bringing items within cost limitations; or(2) Exceed the cost limitations, unless the limitations have been waived by the Government prior to award.

☒ AT/OPSEC Requirements

(a) Access and General Protection/Security Policy and Procedures. This standard language is for contractor employees with an area of performance within Government controlled installation, facility, or area. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, HAF and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

(b) For Contractors that do not require CAC, but require access to a DoD Facility and/or Installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (AFI 10-245, AFI 31-101 and AFMAN 31-113), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

(c) Antiterrorism Awareness Level I Training (AT Level I). This standard language is for contractor employees with an area of performance within a US Government controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to US Government installations, facilities and controlled access areas shall complete AT Level I training within 15 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. AT Level I may be accomplished by a Level I qualified instructor; completing the Force Protection computer-based training (CBT) course on the Advanced Distributed Learning System (ADLS), or Joint Knowledge Online at http://jko.jten.mil. Tracking for each contractor or subcontractor employee is the responsibility of the COR or unit AT Representative.

(d) Requirement for OPSEC Training. In accordance with AFI 10-701, Operations Security, OPSEC PMs/SMO/SMNCOs/Coordinators will provide OPSEC training or training materials to contract employees within 30 days of employees’ initial assignment to the contract and prior to having access to any critical information (CI) and annually thereafter. General organizational orientations may need to be supplemented by duty-related orientations in the work center targeted toward specific critical information and vulnerabilities associated with the work. Initial training (OPSE 1301 - OPSEC Fundamentals) located on the ADLS website and refresher OPSEC training (Conducted annually at Commander's Call.)

The Following is provided to assist in submission of WAWF Invoices

PARTIAL PAYMENTS ARE AUTHORIZED FOR THIS TASK ORDER

WIDE AREA WORKFLOW STATEMENT

IAW 252.232-7003 (Dec 2018), all invoices must be submitted via WAWF. It is mandatory that you use this E-Invoicing system to ensure timely payment of your invoice.

The web site for this system is https://piee.eb.mil. There are no charges to use WAWF. All questions relating to system setup and vendor training can be directed to the help desk at Ogden. Their number is 1-866-618-5988.

THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR INVOICES AND ADDITIONAL

E-MAILS CORRECTLY THROUGH WAWF.

TYPE OF INVOICE SUBMISSION:

_____ Invoice _____ Invoice and Receiving Report (Combo) _____ Invoice as 2-in-1 (Services Only) X Construction Invoice X CAGE Code: Six (6) digit code in Block 14 X Pay DoDAAC: F87700 X Issue DoDAAC: W50S9F X Admin DoDAAC: W50S9F X Inspect By DODAAC: F7P3CE X Contracting Officer: W50S9F

Required Fields in WAWF

Contractor: WAWF will prompt asking for "additional E-mail submissions" after clicking

"SIGNATURE".

The following E-Mail addresses MUST be input in order to prevent delays in processing:

Inspector (COR): cory.corson@us.af.mil

Buyer/Administrator:

Contracting Officer: dave.mattila.2@us.af.mil

Invoices: 115.FW.FW-Contracting.Org@us.af.mil

Failure to include email address will delay payment. The Government is not responsible for delays caused by improper submission and notification in WAWF.

The paying office DoDAAC and mailing address can be located on the front of your award. You can easily track your payment information via myInvoice at PIEE (https://piee.eb.mil/). Your purchase order/contract number or invoice number will be required to inquire status of your payment.

End of clauses/provisions

Point of Contact for this requirement is 1st Lt Cory Corson, cory.corson@us.af.mil, 608‐245‐4539

//SIGNED//

DAVE W. MATTILA, Maj, WI ANG

Contracting Officer, 115th MSG

Attachment:

Offer Form and Instructions

MATOC TASK ORDER OFFER FORM

PROJECT NO. XGFG192004

F-35 CONSTRUCT A/SE COLD STORAGE (B426)

PROJECT DESCRIPTION: Project provides for the furnishing of all plant, labor, material, equipment, appliances and supervision necessary to construct a 2,000 SF addition for Aircraft Support Equipment (A/SE) to support the base’s F-35 program in accordance with the task order requirements for F-35 Construct A/SE Cold Storage (B426). This project is for a Firm Fixed Task Order against the MATOC IDIQ Contract.

Item Number Description Quantity Unit Amount 0001 Project No. XGFG 189004 F-35 Construct A/SE Cold Storage 1 JOB $____________

Line Item 0001 Description Materials/ Equipment Labor Total

Division 01 General Requirements

Division 02 Existing Conditions

Division 03 Concrete

Division 05 Metals

Division 08 Openings

Division 09 Finishes

Division 13 Special Construction

Division 21 Fire Suppression

Division 26 Electrical (Lighting & Power)

Division 28 Electronic Safety and Security

Divisions 31 Earthwork

Division 32 Exterior Improvements

Total Base Line Item Offer: $

ACKNOWLEDGEMENT OF AMENDMENTS

The Offeror acknowledges receipt of amendments to this Task Order Notice

Amendment No. Date Amendment No. Date

SIGNATURE COMPANY NAME

Name and title of person authorized to sign Offer Date

Note: In the event the current prevailing Wage Determination is changed by the Department of Labor after the closing date of this notice, the updated Wage Determination will be incorporated by amendment and issued to all offerors that have not been eliminated from the competition. If applicable, these offerors/contractors will be given a reasonable opportunity to provide revised offers solely to amend offers due to Wage Determination changes. This does not constitute and shall not be construed as discussions if award without discussions is contemplated.

Note: Offerors are reminded that unlike the bid process, the fair opportunity process is not public. No information will be released until an award decision is made. All contractors submitting an offer will be notified via email of the award results.

INSTRUCTIONS TO OFFERORS ON PREPARATION AND EVALUATION OF OFFERS AND AWARD

OF “SEED” TASK ORDER

Instructions: Provide a construction schedule in a Gantt chart that shows the complete project schedule for this task order project from notice to proceed, to include all construction activities as well as concurrent activities, and outline the critical path activities that will show successful execution of the construction project within the period of performance requirements outlined in this Exhibit. Also include a narrative discussing the scheduling processes and resource allocation that ensure completion and control of schedule progress from beginning to the end of the project.

Evaluation: The offeror’s proposal shall be evaluated as described in the MATOC Solicitation.

The Government will evaluate the offeror’s ability in scheduling methodology to determine if they have scheduling processes that ensure timely completion and control of the project from beginning to end. The schedule narrative should demonstrate an understanding of the limitations of a schedule as well as an understanding that an appropriate schedule will result in successful completion of projects.

A successful project schedule will provide the Government confidence that the project is structured to be executable for the resources indicated, is task oriented and indicates dates on which milestones will be achieved, and shows a total completion date within the time required by this Exhibit.

The Task Order Project Schedule will be evaluated as part of the Offeror’s Technical Proposal. Price will be evaluated to determine reasonableness of the proposed price. Unreasonable Offers cannot be selected for award. The task order may be awarded to the offeror presenting the best value for the seed project in accordance with the base solicitation’s evaluation criteria.