W91RUS-20-R-0133.pdf

SEE ADDENDUM

(No Collect Calls)

W91RUS20R0133 03-Jun-2020

b. TELEPHONE NUMBER

(520) 533-2364

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 03 Jul 2020

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.

W91RUS9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CRAIG METZGER

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

0011495040

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

ACC-APG

2133 CUSHING ST

BLDG 61801 RM 3410

FORT HUACHUCA AZ 85613

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 W9120X 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

0007 SC CMD THTR SIGNAL CMD

0007 SC CMD

BLDG 21715

423 22ND STREET

FORT GORDON GA 30905-5000

TEL: 520-538-7188 FAX:

(520) 538-1838FAX:

TEL: (520) 538-1376 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

811219

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 OF65

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.

W91RUS20R0133

Section SF 1449 - CONTINUATION SHEET

SPECIAL INSTRUCTIONS

INSTRUCTIONS TO OFFEROR-COMMERCIAL ITEMS.

NOTE: Offeror shall provide the information requested below or your quote shall be deemed non-responsive.

1. Please fill in (write/type) On the First Page of the Government 1449 Solicitation, Blocks 17a, 30a, 30b, 30c.

2. Fill in ALL Pricing and All Applicable TAXES on ALL Line Items (CLINs). Please TOTAL ALL CLINs, IN YOUR QUOTE to show an overall FINAL Price and include ALL shipping charges as FOB Destination. Attachment(s) to the SF 1449 please ensure your cost on the attachment matches your Proposal, if applicable.

3. Include the delivery lead-time.

4. Provide the following information with your offer:

e. POC Name: __________________________________

f. POC Phone Number: _________________

g. POC E-Mail: ___________________________

5. The Government will award a Firm Fixed-Price contract resulting from this solicitation on an all or none basis. The offer shall meet all terms and conditions of the solicitation and shall detail the offered solution in their quote or attach a data specification sheet.

6. Complete the Following Clauses (located below in the Contract Clauses).

a. FAR clause 52.212-3 “Offeror Representations and Certifications” Commercial Items.

Section B of this clause still needs to be completed in its entirety and returned to the contracting office with your quote.

b. FAR clause 52.209-11 “Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

7. This requirement will be paid using Wide Area Work Flow.

8. Quote/Proposal shall be received electronically via https://beta.sam.gov/ by 10:00AM local AZ time, on 03 July 2020.

9. Questions about the solicitation are to be directed through craig.a.metzger4.civ@mail.mil. All Questions shall be submitted electronically by 26 June 2020.

Additional Information

1. Vendor invoicing shall not be submitted prior to proof of delivery that items have been received.

2. Per DFARS 252.232-7003 Electronic Submission of Payment Requests, the vendor shall submit combination payment requests (invoice and receiving report) using Wide Area Work Flow (WAWF). Receipt and Acceptance (WAWF-RA) or other methods authorized by the Contracting Officer. Failure to comply could result in delayed payment.

3. Please provide a detailed breakdown or narrative of what is being provided to meet the requirement. Do not copy and paste the line item information from the RFQ to your bid as this could classify a bid unsuccessful in the technical evaluation process. We require detailed descriptive information on all bids.

4. If the requirement is renewal of hardware / software maintenance support for existing command-owned and operated Manufacturer equipment. Seller certifies (and shall provide that certification) that it is a Manufacturer Authorized Channel as of the date of the submission of its Bid, and that it has the certification/specialization level required by Manufacturer to maintain both the equipment, in accordance with applicable Manufacturer certification/specialization requirements.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each Calibration Service Analyzer Opt 1000QI

FFP

Calibration Service Analyzer Opt 1000QI NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011495040

PSC CD: J070

NET AMT

0002 6 Each Calibration Service TS Radio 3920

FFP

Calibration Service TS Radio 3920 FOB: Destination

0003 16 Each Calibration Service TS Cable 435F

FFP

Calibration Service TS Cable 435F FOB: Destination

0004 2 Each Calibration Service Module OTDR 5021NV

FFP

Calibration Service Module OTDR 5021NV FOB: Destination

0005 2 Each Calibration Service Module OTDR 5022NV

FFP

Calibration Service Module OTDR 5022NV FOB: Destination

0006 2 Each Calibration Service Analyzer Net 8757D

FFP

Calibration Service Analyzer Net 8757D FOB: Destination

0007 1 Each Calibration Service Analyzer Spec 8757E

FFP

Calibration Service Analyzer Spec 8757E FOB: Destination

0008 5 Each Calibration Service Gen Aud AG7

FFP

Calibration Service Gen Aud AG7 FOB: Destination

0009 5 Each Calibration Service Equip Module AGL7

FFP

Calibration Service Equip Module AGL7 FOB: Destination

0010 5 Each Calibration Service Equip Module AVGL7

FFP

Calibration Service Equip Module AVGL7 FOB: Destination

0011 1 Each Calibration ServiceModule OTDR C4000-LAN

FFP

Calibration ServiceModule OTDR C4000-LAN FOB: Destination

0012 4 Each Calibration Service TSTR Volt C9970

FFP

Calibration Service TSTR Volt C9970 FOB: Destination

0013 3 Each Calibration Service Loss Length CFP Quad

FFP

Calibration Service Loss Length CFP Quad FOB: Destination

0014 12 Each Calibration Service Analyz Cabl DXS-5000

FFP

Calibration Service Analyz Cabl DXS-5000 FOB: Destination

0015 6 Each Calibration Service Module OTDR DTX-SFM2

FFP

Calibration Service Module OTDR DTX-SFM2 FOB: Destination

0016 5 Each Calibration Service GEN Aud DVG7

FFP

Calibration Service GEN Aud DVG7 FOB: Destination

0017 1 Each Calibration Service GEN SIG E8257D520-07

FFP

Calibration Service GEN SIG E8257D520-07 FOB: Destination

0018 1 Each Calibration Srvc TS Optical FIT-S105-PRO

FFP

Calibration Srvc TS Optical FIT-S105-PRO FOB: Destination

0019 1 Each Calibration Service TS FO FOT-930

FFP

Calibration Service TS FO FOT-930 FOB: Destination

0020 21 Each Calibration Srvc Analyzer HST3000/3000C

FFP

Calibration Srvc Analyzer HST3000/3000C FOB: Destination

0021 35 Each Calibration HST3000 SIM, Ethernet, SIM

FFP

Calibration HST3000 SIM, Ethernet, SIM FOB: Destination

0022 2 Each Calibration Service Fix Test ICN50B

FFP

Calibration Service Fix Test ICN50B FOB: Destination

0023 2 Each Calibration Source FO LS1310/1550

FFP

Calibration Source FO LS1310/1550 FOB: Destination

0024 3 Each Calibration TSTR Ground M4100/3

FFP

Calibration TSTR Ground M4100/3 FOB: Destination

0025 6 Each Calibration Analyzr Spec MS2720T

FFP

Calibration Analyzr Spec MS2720T FOB: Destination

0026 2 Each Calibration Service OTDR MTS5200NV

FFP

Calibration Service OTDR MTS5200NV FOB: Destination

0027 3 Each Calibration Service Analyzr Ntwk NT1055

FFP

Calibration Service Analyzr Ntwk NT1055 FOB: Destination

0028 2 Each Calibration Service Module OTDR OFTM5632

FFP

Calibration Service Module OTDR OFTM5632 FOB: Destination

0029 1 Each Calibration Service Module OTDR OFTM5732

FFP

Calibration Service Module OTDR OFTM5732 FOB: Destination

0030 1 Each Calibration Service Analyzr Spec S412E

FFP

Calibration Service Analyzr Spec S412E FOB: Destination

0031 2 Each Calibration Srvc Analyzr Comm TBERD4000

FFP

Calibration Srvc Analyzr Comm TBERD4000 FOB: Destination

0032 1 Each Calibration Srvc Module OTDR TBERD4000

FFP

Calibration Srvc Module OTDR TBERD4000 FOB: Destination

0033 5 Each Calibration Srvc Analyzr Com TBERD5800

FFP

Calibration Srvc Analyzr Com TBERD5800 FOB: Destination

0034 12 Each Calibration Srvc Analyzr Com TBERD6000A

FFP

Calibration Srvc Analyzr Com TBERD6000A FOB: Destination

0035 15 Each Calibration Srvc Module OTDR TBERD6000A

FFP

Calibration Srvc Module OTDR TBERD6000A FOB: Destination

0036 8 Each Calibration Srvc Analyzer Comm TBERD8000

FFP

Calibration Srvc Analyzer Comm TBERD8000 FOB: Destination

0037 5 Each Calibration Srvc GEN T-M TG8000

FFP

Calibration Srvc GEN T-M TG8000 FOB: Destination

0038 2 Each Calibration Srvc Sensor Powr U2000B

FFP

Calibration Srvc Sensor Powr U2000B FOB: Destination

0039 1 Job Shipping & Unscheduled Repair/Cal

FFP

Shipping & Unscheduled Repair/Cal FOB: Destination

0040 1 Job OPTION OY1 Calibration Services

FFP

Calibration, travel and all associated costs following the PWS defined services.

FOB: Destination

0041 1 Job OPTION OY2 Calibration Services

FFP

Calibration, travel and all associated costs following the PWS defined services.

PERFORMANCE WORK STATEMENT

Commercial Calibration of Army Test, Measurement and Diagnostic Equipment (TMDE)

7th Signal Command (Theater)

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide commercial calibration of Army Test, Measurement and Diagnostic Equipment (TMDE). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform commercial calibration of Army Test, Measurement and Diagnostic Equipment (TMDE) as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: 7th Signal Command (Theater) requires commercial calibration support for Army owned test equipment that must be commercially calibrated. This equipment is coded in TB 43-180 (Technical Bulletin – Calibration and Repair Requirements for the Maintenance of Army Material) as “factory/vendor” calibrated. This equipment is not supported by the Army TMDE Support Centers. Services are required for all 7th SC (T) subordinate units that have “factory/vendor” calibrated equipment on hand that is due calibration.

1.3 Objectives: Provide commercial calibration support for designated TMDE that requires factory level calibration.

1.4 Scope: Contractor receives equipment and calibrates to industry standard and to established Army calibration intervals. Contractor returns equipment to owning unit after calibration.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months from date of award or until all equipment listed in the contract has been calibrated

Base Year Option Year I Option Year II

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: [Contractor is not required to perform services on holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730- 1700, Monday thru Friday except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The majority of the work to be performed under this contract will be performed at the contractor facility.

1.6.6 Type of Contract: The government will award a (Type of contract to be determined by CCE and the customer).

1.6.7 Security Requirements: Not Applicable

1.6.8 Special Qualifications: Not Applicable

1.6.9 Post Award Conference/Periodic Progress Meetings: Not Applicable.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: Not Applicable.

1.6.12 Identification of Contractor Employees: Not Applicable.

1.6.13 Contractor Travel: Not Applicable.

1.6.14 Other Direct Costs Not Applicable.

1.6.15 Data Rights: Not Applicable

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: Not Applicable

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

CALIBRATION. The comparison of a measurement system or device of unverified accuracy to a measurement system or standard of known greater accuracy to detect and correct any variation from the required performance specifications of the unverified measurement system or device.

CALIBRATION INTERVAL. The period of time that a calibrated instrument can be expected to retain its specified accuracy within a predetermined confidence level before it must be recalibrated.

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. 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 appointed by the contracting officer to administer the contract. 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, but may include 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. TEST, MEASUREMENT, AND DIAGNOSTIC EQUIPMENT(TMDE). Any system or device used to evaluate the operational condition of an end-item or subsystem thereof to identify and isolate any actual or potential malfunction.

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

2.1.14. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf

DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) 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 TB Technical Bulletin TE Technical Exhibit TMDE Test, Measurement, and Diagnostic Equipment USASA United States Army Signal Activity

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: For calibration services provided at the contractor’s facility, the Government will fund and ship the equipment to the contractor facility for calibration. .

3.2 Facilities: Not Applicable.

3.3 Utilities: Not Applicable

3.4 Equipment: Not Applicable

3.5 Materials: Not Applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General (If applicable): The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: Not Applicable

4.3. Materials The Contractor shall furnish all materials necessary to perform calibration of equipment at the contractor locator.

4.4. Equipment. The Contractor shall furnish all equipment necessary to perform calibration of equipment at the contractor locator.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services

5.1.1. Contractor Facility Calibration Support.

5.1.1.1 Contractor will provide documentation that the commercial service will be IAW International Organization for Standards (ISO)/IEC 17025:2005 or later.

5.1.1.2. Contractor will provide calibration services, IAW manufacturer’s calibration requirements, and in coordination with the requiring units for specified test equipment listed below. This contract is valid for one year from date of award or until all equipment listed in this contract is serviced. Contracted services will not be outsourced to a third party. Contractor must have the personnel and equipment to perform all calibration services in-house.

5.1.1.3. Upon receipt of equipment by contractor, equipment will be inspected for any damage caused during shipping. If damage is noted, contractor will immediately notify the owning unit before equipment is calibrated.

Contractor will provide to the COR an email confirmation listing all equipment that was received prior to initiating calibration. Calibration will only proceed upon approval from COR.

5.1.1.4. Contractor will calibrate equipment at the intervals outlined in TB 43-180 180 (Technical Bulletin – Calibration and Repair Requirements for the Maintenance of Army Material). A calibration label will be attached to the equipment and will correspond to the intervals listed in TB 43-180. A calibration certificate will also accompany the calibrated equipment.

5.1.1.5. Contractor will submit invoices though WAWF once the equipment service is completed and will include all costs associated with the service by equipment serial number.

5.1.1.6. The unit being serviced will have the opportunity to add additional items into the service contract up to the final day of service (TBD), and the contract will be modified if needed.

5.1.1.7. If any submitted equipment is found to be in need of repair, the vendor will notify the contracting officer (KO), who will in turn contact the 7th SC (T) prior to authorizing the repair. When requested, the contractor will provide a repair cost estimate to the KO and the contracting officer's representative (COR). The COR will make a decision on whether the cost of the repair is more advantageous than replacement and provide that information to the KO. The KO will provide instructions to the contractor to proceed with repair of the equipment or to return it back to the owning unit for disposition. The contractor will not repair any equipment without approval from the KO.

Total repair costs for all repairs will not exceed the maximum amount specified on the repair CLIN.

5.1.1.8. Once equipment has been calibrated, the contractor will ship the equipment back to the owning units. Return shipping will be computed into the total cost or included in a separate CLIN.

5.1.1.9. If equipment listed in the contract is not calibrated, new equipment can be substituted with the approval of the COR and vendor. If the new equipment model is not listed on the contract with a calibration cost, the COR will request calibration cost from the vendor prior to approving calibration.

5.1.1.10. Contractor shall provide a web-based system or customer portal that allows users to track the status of their equipment as it proceeds through the calibration process. System should track history of the calibration work order from initial acceptance to return shipping to user.

5.2. Task Heading. Not Applicable

5.3. CONTRACTOR MANAGEMENT REPORTING (CMR) : 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://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also know 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.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.1.1. AR 750-43 Army Test, Measurement, and Diagnostic Equipment

6.1.2. TB 43-180 (Technical Bulletin – Calibration and Repair Requirements for the Maintenance of Army Material)

6.1.3. TB 750-25 (Army Test, Measurement, and Diagnostic Equipment (TMDE) Calibration Repair and Support Program, Section II.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required— usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall provide calibration services in accordance with PWS paragraph 5.1.

The contractor provided calibration services IAW equipment manufacturer specifications and the criteria listed in TB 43-180.

No more than three customer complaints during the contract period.

Validated Customer Complaint received by

COR.

PRS # 2.

The contractor shall deliver calibrated equipment and accessories back to the owning unit after service is completed in accordance with PWS paragraph 5.1.

The contractor delivered equipment back to the vendor in same physical condition as received with no additional damage and all accompanying accessories.

No more than three customer complaints during the contract period.

Validated Customer Complaint received by

COR.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Calibration certificate for each calibrated item of equipment

Whenever equipment is calibrated

1 original to accompany equipment

Hard copy certificate

Applicable equipment owner

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government 0030 Destination Government Destination Government 0031 Destination Government Destination Government

0032 Destination Government Destination Government 0033 Destination Government Destination Government 0034 Destination Government Destination Government 0035 Destination Government Destination Government 0036 Destination Government Destination Government 0037 Destination Government Destination Government 0038 Destination Government Destination Government 0039 Destination Government Destination Government 0040 Destination Government Destination Government 0041 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-JUL-2020 TO

29-JUL-2021

N/A 0007 SC CMD THTR SIGNAL CMD

0007 SC CMD

BLDG 21715

423 22ND STREET

FORT GORDON GA 30905-5000

520-538-7188

W9120X

0002 POP 30-JUL-2020 TO

29-JUL-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0019 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0020 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0021 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0022 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0023 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0024 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0025 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0026 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0027 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0028 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0029 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0031 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0032 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0033 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0034 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0035 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0036 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0037 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0038 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0039 POP 30-JUL-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0040 POP 30-JUL-2021 TO

29-JUL-2022

N/A (SAME AS PREVIOUS LOCATION)

0041 POP 30-JUL-2022 TO

29-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

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

Subcontractors

DEC 2013

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.247-34 F.O.B. Destination NOV 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.

DEC 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.225-7001 Alt I Buy American and Balance of Payments Program --Alternate I (Dec 2017)

DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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:

Award will be made on a lowest-priced technically acceptable basis (Considering the following two factors:

technical, and price.) All offerors shall be considered in terms of price, lowest to highest, and then the apparent lowest-priced offeror will be evaluated for acceptability under the technical and price factors. If the lowest-price offeror is evaluated as unacceptable, the acceptability of the next lowest-price offeror will be evaluated, continuing this process as necessary.

(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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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 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.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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…