(x)

NAFUA1-26-R-0005

x x

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 number. FAILURE OF YOUR ACKNOWLEDGEMENT 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.

x

UA1-THOMPSON

Michael.3.Thompson@dla.mil

PHONE: 571-643-3754

Michael B.Thompson

Fort Belvoir VA 22060 USA Suite 1134

UA1 (PRF)

8725 John J. Kingman Road On Behalf of Post Restaurant Fund NAF Contracting Office Defense Logistics Agency

09/28/20260002

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING DATA (if required.)

is not extended.is extended, Items 8 and 15, and returning

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ.NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. No appropriated funds of the United States shall become due or paid the contractor by reason of this amendment / modification

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Nonappropriated Funds)

09/28/2026

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

B. THE ABOVE NUMBERED CONTRACT / ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO THE AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14.

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

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

This amendment is hereby issued to answer questions received in response to the solicitation and amend sections of the RFP.

Continued on page 2. All offerors shall return a signed copy of this amendment.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. Nonappropriated Fund Instrumentality15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Michael B. Thompson

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

DA FORM 4073, NOV 04

For use of this form see AR 215-4;

the proponent agency is OACSIM

# Question Answer / Guidance

1 Sections C-16(a) and G-3 state the contractor will pay for gas, electricity, sewer, and water, either by reimbursing actual costs or through a fixed monthly utility fee "as defined in Section B," but Section B contains no utility fee.

Amendment 0001 (Q6 and Q22) states contractors will not be charged utility costs "at this time." Please confirm by amendment whether utilities will be charged at any point during the base or option periods, and if so, the method and estimated monthly amount for each building.

Contractors will not be charged utility costs. The solicitation will be amended to officially remove the requirement for the contractor to be charged or reimburse for utilities across both the base and all option periods.

2 Section M-1(e) states this acquisition is subject to the Randolph-Sheppard Act.

Will the Pennsylvania state licensing agency for blind vendors participate in this competition, and how will the priority be applied in the evaluation?

This acquisition is subject to the terms of the Randolph-Sheppard Act per Section M-1(e). The Pennsylvania State Licensing Agency (SLA) has been notified and invited to participate. If the SLA submits a proposal within the competitive range, priority will be applied in accordance with federal regulations and DoW policy.

3 Executive Order 14026 was revoked by Executive Order 14236 on March 14, 2025, and the Department of Labor has stopped enforcing it. Please confirm that clause I.43 does not establish a minimum wage above the Wage Determination rates, and confirm that clause I.45 (paid sick leave under EO 13706) applies, so the $5.42 health and welfare rate is the correct rate.

Clause I.43 does not establish a minimum wage above the applicable Wage Determination. Executive Order 13658 was revoked and is no longer enforced by the Department of Labor.

Executive Order 13706 still applies. For specific questions regarding labor laws and executive orders, please contact the Department of Labor Wage & Hour Division.

4 Is there a collective bargaining agreement covering the incumbent

There is currently no Collective Bargaining Agreement (CBA) in place for contractor's employees at Building 430 that would apply to a successor contractor under Section 4(c) of the Service Contract Act? If so, please provide a copy.

the cafeteria operations. Bidders must adhere to the Department of Labor Wage Determination provided in Attachment J- 3.

5 When a new Wage Determination is incorporated at the exercise of an option period, may the contractor request an adjustment to its MMG or commission under clause I.9 or otherwise?

Clause I.9 addresses economic price adjustments. However, in this revenue-generating concession contract, any adjustments to proposed commission percentages or the Minimum Monthly Guarantee (MMG) require formal bilateral negotiations and a written contract modification executed by the Contracting Officer.

6 For a Tier 2 remedy under Section C-23, how will the amount of a financial penalty or a required "Customer Appreciation / Discount Day" be determined, and is there a maximum per occurrence?

Financial remedies are assessed progressively based on the severity and frequency of the documented non-conformance, up to a maximum of 10% of the contractor's average monthly concession fee (not to exceed $2,500 per occurrence), or an equivalent value applied toward a designated Customer Appreciation / Discount Day.

7 Section H-3 requires $5,000,000 per occurrence in general liability and lists the NAFI as a named insured. Will a primary policy combined with an umbrella or excess policy satisfy the requirement, and is additional insured status acceptable in place of named insured?

Reference Amendment 0001. A commercial general liability policy of $1,000,000 per occurrence is required.

Listing the NAFI as an "Additional Insured" via an endorsement on combined primary and umbrella/excess coverage is acceptable, provided the minimum total required limits and scope are fully met.

8 May offerors propose different MMG and commission rates for the base period and each option period? If so, which

Yes. Offerors may propose different MMG and commission rates for the Base Period and each subsequent Option Period as structured in the Section B Fee period's rates will be used in the Section M-3 financial score formula?

Schedule. Per Sections M-3 and M-4, the Government will evaluate pricing across the base period and all option periods to calculate the total evaluated financial score.

9 Will the contractor's initial menu and pricing, supported by the local market survey required under C-8(m), be eligible for Contracting Officer approval at the start of performance, or will current pricing remain in effect until the first semiannual review?

The contractor’s initial proposed menu and retail pricing, supported by the mandatory off-base market survey of five comparable establishments per Section C-8(m), are submitted for Contracting Officer approval prior to the start of performance and become effective upon commencement of service. Subsequent retail price adjustments will occur in accordance with the semi-annual review process.

10 Section C-16(b) makes the contractor responsible for communications. Please confirm the contractor may install its own commercial internet circuit or use cellular data for point-of-sale terminals, self-order kiosks, and online ordering, and identify any installation restrictions on contractor-owned wireless devices.

The contractor is responsible for furnishing and funding its own communications infrastructure. The contractor may utilize commercial internet or cellular connections for POS terminals, kiosks, and online ordering;

however, any installation of commercial circuits or communication lines is strictly subject to prior review and written approval by DLA Installation Management and DLA Information Operations (J6).

11 The self-order kiosks and point-of-sale equipment in Building 2001 do not appear on Attachment J-2. Please confirm they will be removed before transition. Attachment J-2 also lists a Coke dispenser while Pepsi products are served today: is there an existing

Confirmed. Any equipment not provided as part of the contract (Attachment J-2) will be removed prior to transition.

Furthermore, there is no existing beverage supply or pouring-rights agreement that the contractor must honor; the contractor is free to establish its own beverage supplier agreements.

beverage supply or pouring-rights agreement the contractor must honor?

12 During performance, will the contractor be the exclusive provider of prepared food service and catering in Buildings 430 and 2001? Will other independent food trucks be permitted on the installation after the 30-day transition period other than those proposed by the contractor?

Yes. Following the initial 30-day transition period, the contractor is permitted to operate contractor-furnished or contractor-owned food trucks. However, all gross sales generated from these post-transition food truck operations shall be subject to the same commission percentage proposed for Building 2001. See Section C-8.1.c of this amendment for full operational and reporting requirements.

13 For Building 430 catering, what payment methods are typically used (for example, Government Purchase Card or private organization funds)?

Any catering services officially requested by the Government are typically paid for using a Government Purchase Card (GPC). Unofficial or private employee functions are paid directly by the organizing parties.

14 Please provide the shift schedule for Building 2001 (hours and approximate headcount for second shift and any weekend shifts). Is second-shift food service currently offered and expected to continue?

The required staffed operating hours for Building 2001 remain Breakfast (5:15 AM

– 10:00 AM) and Lunch (10:45 AM – 12:30 PM), Monday through Friday.

Staffed second-shift or weekend cafeteria service is not required; after-hours food service is intended to be accommodated via the Automated Express Market (micromarket).

15 What is the anticipated award date, and on what date will the contractor receive the access described in C-19(a)? Given the Day 1 service requirement in C-20.1, may the contractor begin HSPD-12 vetting of its staff immediately upon award?

The anticipated award date will not be specified. Proposals remain due on October 30, 2026. The contractor will gain access to the facility on the first date of the contract, and the 30-day transition period will begin on the first day of the contract award. Staff vetting and hiring may begin immediately after contract award.

CHANGES TO THE PERFORMANCE WORK STATEMENT (PWS / SCOPE)

Effective immediately, the following sections of solicitation NAFUA1-26-R-0005 are hereby modified:

A. Section C-16(a) "Utilities" is deleted in its entirety and replaced with the following:

"C-16(a) Utilities: The Government (NAFI) will provide all necessary utilities (electricity, water, gas, sewer, and waste disposal services) required for the operation of the cafeterias in HQ Building 430 and Building 2001 at no cost to the Contractor. The Contractor shall not be charged for utility consumption, nor shall any reimbursement or monthly utility fee be required at any point during the base period or any optional performance periods of this contract.

The Contractor shall make every effort to conserve utilities and operate all government-furnished equipment in an energy-efficient manner. The Government-provided waste disposal service does not include labor. The Contractor shall be solely responsible for all labor associated with the collection, transport, and deposit of cafeteria waste and refuse to the designated on-installation waste disposal area(s)."

B. Section G-3 "Utility Billing and Payments" is deleted in its entirety and replaced with the following:

"G-3 Utilities: Under the terms of this concessionaire contract, there will be no utility charges, billing, or cost-reimbursements assessed to the Contractor. Any references to utility reimbursement schedules or administrative utility fees elsewhere in this solicitation are hereby declared null and void."

C. Section C-8.1.c "Contractor-Furnished Food Trucks (Post-Transition)" is added as follows:

"C-8.1.c Contractor-Furnished Food Trucks (Post-Transition):

Following the conclusion of the initial thirty (30) day transition period, the Contractor is permitted to operate Contractor-owned or Contractor-provided mobile food units and food trucks on the installation. All such operations are strictly subject to:

1. Prior security vetting, installation access clearance, and safety/sanitation inspections.

2. Prior written approval of designated operating locations, routes, and hours of operation by the Contracting Officer’s Representative (COR) and DLA Installation Management.

Commission Fee Application: Gross sales generated from all Contractor-operated food trucks on the installation following the initial 30-day transition period shall be subject to the same commission percentage proposed and established for Building 2001 (Base Period CLIN 0002 and corresponding Option Period CLINs). All such sales must be tracked, reported, and remitted to the NAFI in accordance with the financial reporting and audit controls outlined in Section G."

D. Section B-6 "Fee Schedule" is modified to add the following instruction note:

"Catering Commission Application Note: Catering sales initiated or performed by/through HQ Building 430 operations shall only be subject to the separate Catering Commission percentage proposed under CLIN 0003 (and corresponding Option CLINs). Catering revenues shall not be subject to double-commissioning under both the Building 430 cafeteria and catering CLINs."

E. Section C-23 (Tier 2 Remedies) is modified to replace the phrase "withholding a portion of the management fee" with the following:

"...assessing a progressive financial penalty of up to ten percent (10%) of the contractor’s average monthly concession fee (not to exceed $2,500.00 per occurrence), which shall be added to the Contractor's monthly payment obligation to the NAFI, or requiring the Contractor to fund an equivalent value toward a Customer Appreciation / Discount Day."

F. Page 95 "Solicitation Number Reference" is corrected as follows:

All references to solicitation number NAFUA1-26-R-0002 on Page 95 and elsewhere within the solicitation documents are hereby corrected to read NAFUA1-26-R-0005.

Offerors must acknowledge receipt of Amendment 0002 in their business/fee proposal package by completing the appropriate blocks in Section A of the solicitation or by signing and attaching a copy of this amendment. Failure to acknowledge this amendment may result in your proposal being declared non-responsive.

All other terms, conditions, and the proposal submission deadline of October 30, 2026, at 4:00 PM EST, remain unchanged.