Conformed_Copy_Solicitation_W911N2-16-R-0023.pdf

SEE ADDENDUM

(No Collect Calls)

W911N2-16-R-0023 05-Feb-2016

b. TELEPHONE NUMBER

717-267-8938

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 07 Jun 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911N29. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KEVIN DUFFY

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

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE, ATTN: CCAM-ALK, BLDG 2S

CHAMBERSBURG PA 17201-4150

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W25G1R 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

LETTERKENNY MUNITIONS CENTER

MONICA R DEAN

BLDG 3315

1 OVERCASH AVE

CHAMBERSBURG PA 17201-4150

TEL: 717.267.9577 FAX:

717-2679834FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

238290

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911N2-16-R-0023

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Testing of Lightening Protection System

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: AJN000509700010001

NET AMT

0001AA 650 Each Testing of Lightening Protection System

FFP

Testing and reporting of bonding checks and Earth Covered Magazines (only tested after repair) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700010001AA

0001AB 700 Each Testing of Lightening Protection System

FFP

Testing and reporting of Air Terminals (requiring a lift) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700010001AB

Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700010002

0002AA 300 Hours Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process for Earth Covered Magazines (initially Gov't tested) and Bonding Checks IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700010002AA

0002AB 50 Hours Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process for Air Terminals (requiring a lift) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700010002AB

0003 1 Lot Parts/Materials for Repair of System

FFP

DO NOT QUOTE-NTE AMOUNT TO BE SET BY THE GOVERNMENT AT

TIME OF AWARD.

PURCHASE REQUEST NUMBER: AJN000509700010003

0004 1 Each Manpower Reporting

FFP

In accordance with requirements in Local Clause L16.

PURCHASE REQUEST NUMBER: AJN000509700010004

OPTION Testing of Lightening Protection System

FFP

Testing calibration of testing equipment, and reporting IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700011001

1001AA 650 Each OPTION Testing of Lightening Protection System

FFP

Testing and reporting of bonding checks and Earth Covered Magazines (only tested after repair) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN0005097000101001AA

1001AB 700 Each OPTION Testing of Lightening Protection System

FFP

Testing and reporting of Air Terminals (requiring a lift) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN0005097000101001AB

OPTION Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700011002

1002AA 300 Hours OPTION Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process for Earth Covered Magazines (initially Gov't tested) and Bonding Checks IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700011002AA

1002AB 50 Hours OPTION Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process for Air Terminals (requiring a lift) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700011002AB

1003 1 Lot OPTION System Part/Materials

FFP

DO NOT QUOTE-NTE AMOUNT TO BE SET BY THE GOVERNMENT AT

TIME OF AWARD.

PURCHASE REQUEST NUMBER: AJN000509700011003

1004 1 Each OPTION Manpower Reporting

FFP

In accordance with requirements in Local Clause L16.

PURCHASE REQUEST NUMBER: AJN000509700011004

OPTION Testing of Lightening Protection System

FFP

Testing calibration of testing equipment, and reporting IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700012001

2001AA 650 Each OPTION Testing of Lightening Protection System

FFP

Testing and reporting of bonding checks and Earth Covered Magazines (only tested after repair) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN0005097000102001AA

2001AB 700 Each OPTION Testing of Lightening Protection System

FFP

Testing and reporting of Air Terminals (requiring a lift) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN0005097000102001AB

OPTION Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700012002

2002AA 300 Hours OPTION Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process for Earth Covered Magazines (initially Gov't tested) and Bonding Checks IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700012002AA

2002AB 50 Hours OPTION Repair of Lightening System Components

FFP

Immediate and routine repairs will be made to all points that do not successfully pass the testing process for Air Terminals (requiring a lift) IAW the Performance Work Statement (PWS).

PURCHASE REQUEST NUMBER: AJN000509700012002AB

2003 1 Lot OPTION System Parts/Materials

FFP

DO NOT QUOTE-NTE AMOUNT TO BE SET BY THE GOVERNMENT AT

TIME OF AWARD.

PURCHASE REQUEST NUMBER: AJN000509700012003

2004 1 Each OPTION Manpower Reporting

FFP

In accordance with requirements in Local Clause L16.

PURCHASE REQUEST NUMBER: AJN000509700012004

NOTES

1. System for Award Management (SAM): In accordance with FAR 4.1102, Offerors must be registered in the SAM database in order to be eligible for contract award. No award will be made to an Offeror not registered.

Registration can be accomplished at https://www.sam.gov/portal/public/SAM/. Registration in this database must be kept current.

2. Annual Representations and Certifications: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration.

Registration in this database must be kept current and can be accessed at https://www.sam.gov/portal/public/SAM/.

3. Questions: Questions regarding this solicitation shall be submitted to the Contracting Officer, in writing, at least 10 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The POC for this action is Kevin Duffy, kevin.a.duffy4.civ@mail.mil.

4. Award without Discussions: The Government intends to award without discussions; therefore Offerors should submit their best prices in their initial offer. If FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability.

5. Amendments: The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.

6. Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) utilizing Wide Area Work Flow (WAWF). See 252.232-7006 for more information.

7. Period for Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.

8. Type of Contract: The type of contract resulting from this solicitation is specified in FAR Provision 52.216-1, Type of Contract. For Indefinite Delivery/Indefinite Quantity (IDIQ) or Requirements contracts all quantities are estimated and individual task orders shall be issued citing specific quantities and delivery dates. Payment will be made on actual quantities serviced.

9. Proposals: Proposals shall be signed by an authorized individual in accordance with FAR 4.102, Contractor’s

Signature. Failure to comply may cause your proposal to be rejected. Offerors should mark each page of their proposal as "Proprietary Information" if they want it treated as Proprietary Information under the Procurement Integrity Act.

10. Set- Aside: The proposed contract is 100% set-aside for small business concerns.

11. Contact Information : A Contracting Officer's Representative (COR) will be appointed at the time of award.

The successful Offeror will be furnished the COR name and contact information at the time of contract award.

12. Wage Determination: No.: 2015-2249 Revision No.: 2; dated 12/29/2015 and is hereby incorporated. Wage Determination can be viewed at http://www.wdol.gov.

13. A site visit has been scheduled for February 29, 2016. Please note that site visit attendance is urged but is not mandatory. However, failure to attend the site visit shall not be reason for price increases to the contract after award.

In order to obtain a visitors pass to attend the site visit, please submit names of all attendees to Kevin Duffy, 717 267-8938; kevin.a.duffy4.civ@mail.mil and include the following information –name, date of birth, social security number TWO FULL WEEKS before the scheduled site visit is to occur. Contractors who do not submit this information in a timely and full manner will not be given access to the site. All attendees will meet at Building 2S, Directorate of Contracting, 1 Overcash Ave., Letterkenny Army Depot, Chambersburg, PA. Offerors are required to obtain a visitor’s pass from the Main Gate prior to arriving at Building 2S. Please allow at least 45 minutes for this process. You must provide a current picture identification, vehicle registration and proof of insurance to obtain a pass.

14. The point testing and repair figures used in this solicitation are estimates and in no manner guarantees of work eligible for payment. Only work orders submitted by LEMC to the contractor will be considered eligible for payment.

PWS

PERFORMANCE WORK STATEMENT (PWS)

FOR

Lightning Protection Systems (LPS) Service and Repair

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform lightning protection system service and repair as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract and according to DA PAM 385-64 (24 MAY 2011).

1.2 Background: Lightning Protection Systems (LPS) are used to reduce the risk, damage and destruction of a lightning strike to different buildings, docks and other specific sites. The lightning protection systems of Letterkenny Munitions Center (LEMC) consist of integral systems (lightning rods), mast systems and catenary systems (overhead wire). The integral system consists of air terminals mounted directly to the facility or structure to be protected, down conductors and a grounding system. The mast system consists of an air terminal (lightning rod) on a mast, down conductors and an earth electrode subsystem. The catenary system (overhead wires), consist of one or more overhead wires strung between masts and connected to a grounding system. LEMC uses a variety of all the mentioned systems in the docks, buildings and igloos. The requirement is that all of the active LPS in LEMC is tested at least once in a two year period and the repairs will be listed as routine. A repair shall need to be scheduled within 48 hours of report, however, the vendor may perform repairs immediately after test failure.

LEMC is a location in which ammunition and explosives may be stored. As such, there are special safety and security requirements for entrance into and continued access to the facility. Failure for a person or company to abide by these rules may cause said person or company to be denied further access to the facility.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 (twelve) months and 2 (two) 12 (twelve) month option years.

1.4 General Information:

1.4.1 Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days:

1.4.1.1 New Year’s Day: January 1st

1.4.1.2 Martin Luther King, Jr.’s Birthday: Third Monday in January

1.4.1.3 President’s Day: Third Monday in February

1.4.1.4 Memorial Day: Last Monday in May

1.4.1.5 Independence Day: July 4th

1.4.1.6 Labor Day: First Monday in September

1.4.1.7 Columbus Day: Second Monday in October

1.4.1.8 Veteran’s Day: November 11th

1.4.1.9 Thanksgiving Day: Fourth Thursday in November

1.4.1.10 Christmas Day: December 25th

Please Note: When an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday.

1.4.2 Place and Performance of Services: The contractor shall provide services between the hours of 0700 to 1530, Monday through Thursday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at the area of designation, according to a schedule, provided by the government COR. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.3 Security Requirements: The contractor must identify all employees in advance to the government COR, so all security measures may be completed in advance of any install, service or repair actions. The contractor shall provide the dates of birth, places of birth, social security numbers as necessary. If foreign nationals are to be used, the contractor shall provide, copies, of work visa, social security cards, permanent resident cards, passports, birth certificates or other documents. If the contractor and/or employee of the contractor do not possess a United States Citizenship and cannot get a favorable or acceptable response from the investigation conducted via the LEAD Information Form then they shall not be authorized access to the organization. The contractor must have all employees complete the necessary background checks in order to gain access to the LEMC facility.

Personnel that have been charged and or convicted of murder, terrorism, human trafficking, domestic violence with a weapon, drug trafficking, and/other related offense shall not be granted access to LEMC.

Contractor vehicles shall have their company logo affixed to both sides of their vehicle if that vehicles needs to enter the ammunition storage area. Vehicle and equipment shall have a fully charged 10BC rated fire extinguisher affixed inside of the vehicle, and/or to the piece of motorized equipment that is being introduced in to the ammunition storage area.

Contract personnel working in the ammunition storage area shall abide by the thunderstorm stand down procedures and the evacuation plans for the Letterkenny Munitions Center, which shall be provided by the LEMC COR.

1.4.3.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.4 Special Qualifications: The contractor must have technicians trained according to listed government standards to test, disassemble, renovate or conduct other modifications, or repair the LPS according to government regulations and/or Standard Operating Procedures (SOP). This would include a skill set trained to conduct testing of the LPS with the appropriate electronic testing equipment and then be able to report and read the test equipment to make the pass/fail decision for the test. The test shall fail if the reading on the equipment is above or below 1 ohm of resistance. The contractor must have all on site employees take and pass successfully the following training:

1. AMMO-28-DL Army Explosive Safety -http://www.dactces.org/index.php?option=com_content&view=article&id=331:ammo-28-dl&Itemid=76

2. AMMO-29-DL Navy Electrical Explosive Safety -http://www.dactces.org/index.php?option=com_content&view=article&id=133:ammo-29-dl&catid=50&Itemid=76

3. AMMO-47-DL Air Force Electrical Explosive Safety -http://www.dactces.org/index.php?option=com_content&view=article&id=332:ammo-47-dl&Itemid=76

1.4.5 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contracting Officer shall apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.6 Identification of Contractor Employees: All contract personnel working inside the LEAD/LEMC facility, are required to identify themselves, by wearing a government visitor badge, as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed and reported to the government designated COR.

2.0 Definitions and Acronyms:

2.1.1 CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK: Monday through Thursday, unless specified otherwise.

2.2 ACRONYMS:

AE Ammunition and Explosives AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DA PAM Department of the Army Pamphlet DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense JMCN Joint Munitions Command LEAD Letterkenny Army Depot LEMC Letterkenny Munitions Center FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program NFPA National Fire Protection Association TE Technical Exhibit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government shall provide the facilities, equipment, materials, and/or services listed below:

3.1 The Government shall furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include parking space for the mobile equipment and LEMC COR guidance for schedules, quality control and physical directions to the individual sites.

4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2 Equipment: The contractor shall provide all the equipment necessary in order to reach points that are in the air and the height range is from 10 feet to 80 feet. This shall also include ladders, man lifts, climbing spikes (for the centenary systems), etc. The testing equipment shall be able to conduct electrical tests consisting of measuring the bonding resistance of the LPS components. The testing equipment must be capable of measuring resistance up to 1 ohm +10 percent. The test equipment shall be calibrated according to industry standards to test lightning protection systems.

5.0 Requirements: The contractor shall:

5.1 Testing: CLIN 0001-0001AA and 0001AB: The testing of approximately 1350 test points, shall be conducted in accordance with the listed specification on a schedule established by the LEMC COR and then evaluated for quality by the LEMC COR. Testing may be conducted on surfaces which may have been painted with lead based paint. Contractor shall inform the workers of this potential hazard and to further warn them not to disturbdoor/door frame surfaces without prior LEMC approval.

The entire system at LEMC must be tested every two years.

5.1.1 Testing of Earth Covered Magazines (approximately 6314 test points) in accordance with form JMCN 3751-R, this will be after repairs only.

5.1.2 Testing of air terminals on Explosive Buildings (approximately 1240 test points), in accordance with form

JMCN 3897-R.

5.1.3 Bonding Checks (approximately 398 points), in accordance with form JMCN 3897-R.

5.1.4 Test results on form JMCN 3897-R or JMCN 3751-R shall be submitted within 1 business day of completion to the LEMC COR.

5.2 Repair:CLIN 0002-0002 AA and 0002AB: Repairs shall be scheduled for all points that do not successfully pass testing in section 5.1, within 48 hours of submission of the deficiency annotated on report form JMCN 3751-R or JMCN 3897-R, or performed directly after testing failure. Contractor shall not disturb the surface without prior LEMC approval. If Contractor needs to take action to test or repair which may cause paint to chip or become fine particles, then Contractor shall take all steps required by state and federal law (including but not limited to 29 CFR 1910.1025) regarding the protections of its workers from exposure to lead based paint.

The static electricity charge dissipation subsystem has to possess a required resistance of less than or equal to 25 kΩ to 1 MΩ (Ω is OHMs). The repairs may include replacement of ground rods (copper, copper-clad, stainless steel, hot-dipped galvanized steel), ground loops (counterpoise) (stranded copper, copper-clad steel cable), and air terminals (solid copper, copper-clad steel, hot-dipped galvanized steel, solid aluminum, tubular aluminum, tubular copper), and catenary (overhead wire) system (copper, copper-clad, aluminum, stainless steel) and main conductor cables (copper, aluminum), and main conductor solid strip (copper, aluminum), and bonding straps (solid or stranded) (copper, aluminum). After the repair is conducted, then a test must be conducted/repeated, in order to confirm the point is within the establish parameters. All test equipment shall be calibrated according to the industry standards established for this type of test equipment. The warranty on the repairs shall last at least 12 months from the date of the repair, which means that the repair will still be able to successfully pass the testing criteria in 5.1 up to 12 months from the date of the repair. If not, the repairs will be completed again and the warranty period will begin from that date.

5.3 Parts/Materials: CLIN 0003: Provide all parts and materials required for the repairs to be conducted in section

5.2. If amount of the parts/materials exceed $500 then oral approval from the LEMC COR shall be required before any work is authorized to begin.

5.4 CONTRACTOR MANAGEMENT REPORTING (CMR) CLIN 0004: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall completely fill in all the information in the format using the following web address https://cmra.army.mil/Login.aspx. The required information includes: (1) Contracting Office, KO, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub- Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter / Page)

Date of Publication

Mandatory or Advisory Website

NFPA 780 2011 Edition Standard for the Installation of Lightning Protection Systems www.nfpa.org

DA PAM 385-64 24 May 2011 Ammunition and Explosive Safety Standards www.apd.army.mil

MIL-HDBK-419A

Volume II of 2

Volumes – Applications

29 DEC 1987 Military Handbook, Grounding, Bonding and Shielding for Electronic Equipment and

Facilities www.wbdg.org

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

PWS Paragraph

Task

Performance Standard

Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

5.1 Testing The contractor shall perform 95%

of the required testing each year.

100% Periodic Inspection - COR shall review monthly work order logs.

5.2 Repairs

99% Repairs shall pass test 1% rework

Periodic Inspection - COR shall review monthly work order logs.

1.4.4 Special

Qualifications

All contractor employees on site shall complete the training listed in

1.4.4

100% Submit evidence of training annually to COR – Begins when contract is awarded

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency Number of

Copies Medium/Format Submit To

5.1 Test results on form

JMCN 3897-R or JMCN

3751-R

Each Test – Within 1 business day of completion

1 Electronic Submission/ Hard Copy

COR

5.4 CMR Reporting period shall be

the period of performance not to exceed 12 months ending

September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

1 Electronic Submission https://cmra.army.mil/Login.aspx

1.4.4 Special

Qualifications

Submitted before each onsite employee begins work

1 Electronic Submission/Hard

Copy

COR

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 Destination Government Destination Government 0002AA Destination Government Destination Government

0002AB Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 1002 Destination Government Destination Government 1002AA Destination Government Destination Government 1002AB Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2001AA Destination Government Destination Government 2001AB Destination Government Destination Government 2002 Destination Government Destination Government 2002AA Destination Government Destination Government 2002AB Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 N/A N/A N/A N/A

0001AA POP 01-AUG-2016 TO

31-JUL-2017

N/A LETTERKENNY MUNITIONS CENTER

MONICA R DEAN

BLDG 3315

1 OVERCASH AVE

CHAMBERSBURG PA 17201-4150

717.267.9577

W25G1R

0001AB POP 01-AUG-2016 TO

31-JUL-2017

N/A (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA POP 01-AUG-2016 TO

31-JUL-2017

N/A LETTERKENNY MUNITIONS CENTER

MONICA R DEAN

BLDG 3315

1 OVERCASH AVE

CHAMBERSBURG PA 17201-4150

717.267.9577

0002AB POP 01-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-AUG-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-AUG-2017 TO

31-JUL-2018

N/A LETTERKENNY MUNITIONS CENTER

MONICA R DEAN

BLDG 3315

1 OVERCASH AVE

CHAMBERSBURG PA 17201-4150

717.267.9577

1001AB POP 01-AUG-2017 TO

31-JUL-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 N/A N/A N/A N/A

1002AA POP 01-AUG-2017 TO

31-JUL-2018

N/A LETTERKENNY MUNITIONS CENTER

MONICA R DEAN

BLDG 3315

1 OVERCASH AVE

CHAMBERSBURG PA 17201-4150

717.267.9577

1002AB POP 01-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-AUG-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-AUG-2018 TO

31-JUL-2019

N/A LETTERKENNY MUNITIONS CENTER

MONICA R DEAN

BLDG 3315

1 OVERCASH AVE

CHAMBERSBURG PA 17201-4150

717.267.9577

2001AB N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2002AA POP 01-AUG-2018 TO

31-JUL-2019

N/A LETTERKENNY MUNITIONS CENTER

MONICA R DEAN

BLDG 3315

1 OVERCASH AVE

CHAMBERSBURG PA 17201-4150

717.267.9577

2002AB POP 01-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-AUG-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance NOV 2014 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-14 Limitations On Subcontracting NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

Lowest price-technically acceptable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

ADDENDUM TO FAR 52.212-2

Technical acceptability shall be based on compliance with the required technical components identified in the PWS.

Offerors, must provide sufficient information and detail to demonstrate the equipment offered are consistent with the requirements listed in the PWS. All offers that do not clearly establish technical acceptance in compliance with the above will be removed from further consideration.

Must include three references with their submitted quote for services to be eligible for consideration. Three recent and relevant government or private sector projects completed within the past three years that demonstrates the ability to perform the requirement. Identify the contract title, contract number, dollar value, client name and address, location of work, POC with telephone number.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“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.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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 (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) 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.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“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…