Amendment A001 - RFQ 19LE2025Q0001 - MSG Food Services - Questions and Answers.pdf

SBU - CONTRACTING AND ACQUISITIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION

NO.

A001

3. EFFECTIVE DATE

January 28, 2025

4. REQUISITION/PURCHASE REQ.

NO.

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE

7. ADMINISTERED BY (If other than Item 6)

CODE

Contracting Office

Department of State

American Embassy

Beirut, Lebanon

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code)

X

9a. AMENDMENT OF SOLICITATION NO.

19LE2025Q0001

9b. DATED (SEE ITEM 11)

January 13, 2025

10a. MODIFICATION OF CONTRACT/ORDER

NO.

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

[ X ] is extended, [ ] is not extended

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning ___1____ copies of the amendment;(b) By acknowledging receipt of this amendment on each copy of the offer submitted; or(c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers.

FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF

OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A. 52.243-1 Changes--Fixed Price (AUG 1987)

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not, [ X ] is required to sign this document and return __1_ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SEE ATTACHMENT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME OF CONTRACTING OFFICER

Christopher Berkey – Contracting Officer

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

15C.DATE

SIGNED

16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C.DATE SIGNED

CONTINUATUION SHEET

RFQ # 19LE2025Q0001

MSG Food Services

U.S. Embassy Beirut - Lebanon

We are hereby amending the RFQ # 19LE2025Q0001 to answer the received questions.

Here below the answers to the received questions:

Q1: Is there any contractor currently performing this service?

o If yes, would you kindly provide us with the Contract number?

o If no, would you kindly provide us with the latest Contract number that has performed this service or similar?

A1: There is currently one cook hired directly by the MSG. There is no contract number to provide.

Q2: Can you please provide the exact location where the food services are requested?

A2: The food services are requested on compound at the U.S. Embassy Beirut, Lebanon.

Q3: Our company is not registered in Lebanon, and we plan to engage a local subcontractor for executing the contract.

o Would the subcontractor's licenses and compliance with local regulations fulfill the solicitation's requirements, including those under FAR?

o Are there any specific Lebanese regulatory standards or permits the prime contractor must hold, even if we operate through a subcontractor?

A3:

o FAR Compliance: Under the Federal Acquisition Regulation (FAR), the prime contractor holds ultimate responsibility for ensuring compliance with the contract's terms and conditions. While engaging a local subcontractor with the necessary licenses and regulatory compliance can help fulfill local requirements, it does not automatically transfer full responsibility to the subcontractor. The prime contractor is still accountable for:

o Verifying that the subcontractor’s licenses are valid and meet local and FAR-specific requirements.

o Ensuring that the subcontractor adheres to the clauses stipulated in the prime contract, including those related to quality control, labor laws, and ethical conduct.

o Conducting due diligence and maintaining oversight to ensure that the subcontractor's performance aligns with the contract's terms and the FAR.

o Key FAR Provisions to Consider:

o FAR 52.244-2 (Subcontracts): This clause requires prime contractors to obtain consent from the Contracting Officer before subcontracting certain parts of the work, particularly if the subcontractor's role is substantial or involves critical contract requirements.

o FAR 9.104-1 (Contractor Responsibility): Prime contractors must demonstrate that their subcontractors have the capability and resources to meet contract requirements.

o FAR 22.404-2 (Local Labor Compliance): Ensuring the subcontractor complies with local labor laws is essential to fulfilling FAR labor requirements.

o Prime Contractor Compliance in Lebanon: Operating through a subcontractor in

Lebanon does not entirely exempt the prime contractor from local regulatory obligations. Specific Lebanese laws and standards may still apply, depending on the nature of the work.

Q4: Is this solicitation for a new requirement, or is there an incumbent contractor currently delivering these services?

A4: This is a new contract. All MSG cooking services are currently performed by a cook hired directly by the MSG.

Q5: If an incumbent contractor exists:

o Could you share the contractor’s details, including the awarded contract value and duration?

o Were there any notable performance metrics or lessons learned from the current contract that new bidders should be aware of?

A5:

o N/A.

o N/A

Q6: Based on your assessment of the scope of work:

o How many staff members does the Embassy anticipate will be required to execute this contract effectively?

o Are there minimum qualifications or certifications for specific roles, such as the MSG Detachment Cook or administrative staff?

A6:

o One full time staff member to cook on site. Minimal offsite support staff to provide administrative functions to support the cook.

o See section 4.5.2 from the RFQ:

The MSG Detachment Cook is the culinary lead of the program and is responsible for the development of menus, food storage, and cleanliness of the MSGR kitchen and dining areas. The MSG Cook shall have a minimum of 3 years’ experience managing food services operations demonstrating experience in premium level food and service execution.

Q7: For the pre-proposal conference scheduled on January 23, 2025:

o Is attendance mandatory, and if so, how will it impact eligibility for bidding?

o What documents or credentials should we bring, and are there any specific topics or demonstrations expected?

A7:

o Attendance is not mandatory, but it would be very difficult to provide a competitive quotation without seeing the site. The target of the pre-proposal conference was to go through the RFQ and explain the requirements.

o Government issued ID is required and all names should be sent ahead of time. The site visit will consist of a tour of the facility.

Q8: Can we know the maximum number of employees required to provide the full service? based on your previous experience.

A8: One employee shall be enough to provide the full service.

Q9: Do we need a cleaner in addition to the chef, or will the chef be responsible for all operations?

A9: The chef shall be responsible for all the operations.

Q10: If the main chef is unable to join due to illness, can another chef from our kitchen come to your site and take over the role?

A10: It is advisable to provide the names of two chefs; in case one of them is sick or cannot for any reason whatsoever to show up and do the work, his/her replacement can take over the work.

Q11: Can we include two supervisors instead of one?

A11: You may include two supervisors; however, only one supervisor shall do the work.

Q12: Please let me know if it is still possible to arrange a tour of the facility kitchen to assess available supplies and Equipment.

A12: It is not possible at this stage to conduct a second site visit to the kitchen facility;

however, the list of Government Furnished Property is attached to the RFQ

(Attachment 2).

Q13: Is there a commercial hood in the kitchen? A 5-burner stove? Ice machine, Food warmer hot/Cold line (self-service Buffet style Station)

A13: Refer to RFQ – Attachment 2 – Government Furnished Property.

Q14: Is the USG responsible for purchasing and providing other necessary kitchen equipment? Or it will be part of the proposal.

A14: The USG shall be responsible for purchasing and providing other necessary kitchen equipment.

Q15: Permitted hours of operation for the Kitchen Staff.

A15: Refer to RFQ – Section 1. Scope of Work – 1.2 Duties and Responsibilities.

Q16: Are kitchen staff allowed to have their meals on site in the kitchen?

A16: Yes, after they perform their duties and the MSG leave the kitchen.

Q17: Are we responsible for determining the percentage and what portion of the contract that VAT applied to? Or you will have that value calculated?

A17: The applicable VAT percentage in Lebanon is 11%. The contractor shall be responsible for adding the VAT to the contract price.

Q18: Are monthly payments going to be through the company account, as for the company is outside Lebanon. Could monthly payments be settled in a local account.

A18: The company shall specify the bank account into which they desire to receive the monthly payments, and the Embassy shall transfer the payments to the specified account (whether local or overseas). Bank transfers usually take up to 30 days to reach the contractor’s bank account.