Amendemnt W91ZRS27QA001-0001.pdf

AMENDMENT TO SOLICITATION W91ZRS27QA001 — AMENDMENT Number 0001]

The purpose of this amendment is to clarify the small business subcontracting requirements, update the Technical Acceptability evaluation criteria, remove an inapplicable Federal Acquisition

Regulation (FAR) clause, and extend the quote submission deadline.

Accordingly, the solicitation is amended in the following specific areas:

1. REMOVAL OF FAR CLAUSE 52.219-30 AND CLARIFICATION OF 13 CFR 125.6

A. FAR Clause 52.219-30 (Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business

Concerns Eligible Under the WOSB Program) is hereby REMOVED from this solicitation in its entirety.

This procurement remains a 100% Total Small Business Set-Aside.

B. Because this acquisition is conducted under FAR Part 13 (Simplified Acquisition Procedures) and is valued below the Simplified Acquisition Threshold (SAT), the statutory self-performance thresholds of 13 CFR 125.6 and FAR 52.219-14 do not apply.

C. A small business prime contractor is permitted to utilize a licensed local caterer as a subcontractor.

2. REVISION OF TECHNICAL ACCEPTABILITY EVALUATION CRITERIA

To ensure compliance with the Small Business Administration (SBA) Ostensible Subcontractor Rule

(13 CFR 121.103(h)(2)) and the General Responsibility Standards of FAR 9.104-1, Technical Acceptability is revised to evaluate whether the prime contractor maintains ultimate contract responsibility and is not operating as a passive pass-through entity.

"Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services" and "Addendum to FAR 52.212-2, Evaluation—Commercial Products and Commercial Services" are hereby replaced in their entirety with the following revised instructions and evaluation subfactors:

* Subfactor 1: Subcontractor Small Business Verification

- REQUIREMENT: The Offeror must identify the licensed local caterer(s) proposed to perform the food preparation and provide verifiable evidence (such as a SAM.gov registry record or UEI) proving the subcontractor is registered as a Small Business under NAICS 311991.

- STANDARDS: "Acceptable" requires the subcontractor to be verified as an active Small Business.

"Unacceptable" will be assigned if the subcontractor is a Large Business or is unidentified.

* Subfactor 2: Management and Logistics Plan

- REQUIREMENT: The Offeror must submit a brief narrative (not to exceed 2 pages) detailing how the prime contractor will maintain ultimate contract responsibility, actively manage the subcontractor, and execute the delivery and transportation logistics of the catered meals.

- STANDARDS: "Acceptable" requires a feasible plan showing direct prime contractor oversight and delivery management. "Unacceptable" will be assigned if the plan indicates the prime is operating as a passive pass-through with no active management or delivery role.

3. INCORPORATION OF FAR CLAUSE 52.209-6 BY REFERENCE-----------------------------------------------------------

To establish the regulatory and contractual basis for subcontractor eligibility and debarment checks, the following Federal Acquisition Regulation (FAR) clause is hereby formally incorporated into this solicitation and any resulting contract by reference:

* FAR Clause 52.209-6 — Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

By submitting a quote, the Offeror certifies compliance with this clause and agrees that it shall not enter into any subcontract with any entity that is debarred, suspended, or proposed for debarment by any Federal agency unless there is a compelling reason to do so and the Contracting

Officer is notified in writing prior to award.

4. ACKNOWLEDGMENT OF AMENDMENT

Offerors 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 acknowledging receipt of this amendment on each copy of the quote submitted; or

(b) By separate letter or email 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.

*** ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED ***

5. REVISION of SERVICE CONTRACT ACT (SCA) WAGE DETERMINATION FOR NIANTIC, CT DELIVERY

A. The Government hereby clarifies the geographic locations of performance for this catered meals contract:

- Delivery Site: Camp Nett, Niantic, Connecticut (New London County).

- Food Preparation Site: The contractor's or subcontractor's licensed commercial kitchen facility located in Fairfield County, Connecticut.

B. To align the contract with the physical location of the food preparation services, the previous Hartford-area Wage Determination is hereby REMOVED from the solicitation:

- REMOVE: WD 2015-4111, Revision 35 (Hartford, Tolland, Windham Counties)

C. The following Department of Labor (DOL) SCA Wage Determination is hereby INCORPORATED in its entirety and attached to this amendment as Attachment [Insert Attachment Number]:

- INCORPORATE: WD 2015-4113, Revision 37 (Fairfield County, Connecticut)

6. REVISION OF FACTOR 1: REPLACEMENT OF MEDIA DISTRIBUTION LANGUAGE WITH HOT MEAL

DELIVERY

A. The Government hereby clarifies that the language in the solicitation referencing "the capability to distribute media across the required channels and networks" is completely

REMOVED from Technical Factor 1.

B. In its place, Technical Factor 1 is hereby revised to evaluate the Offeror's capability to

**deliver hot meals and maintain temperature integrity** during transport from the cooking facility to Camp Nett in Niantic, CT.

C. Accordingly, the instruction and evaluation standard for this requirement are updated as follows:

* **INSTRUCTION TO OFFEROR:**

The Offeror shall describe its physical capability, equipment, and transit plan to deliver hot, freshly prepared meals from their licensed kitchen facility to Camp Nett (Niantic, CT) within the delivery windows specified in Annex A. The description must identify the specific insulated food transport carriers (e.g., Cambros or equivalent thermal containers) and vehicles to be used to ensure food safety and temperature integrity during transit.

7. REMOVAL OF FAR PROVISION 52.237-1 (SITE VISIT)

A. FAR Provision 52.237-1 (Site Visit) is hereby REMOVED from this solicitation in its entirety.

8. CLARIFICATION OF BILLING, HEADCOUNTS, AND THE 72-HOUR CHANGE RULE

A. **Baseline for Payment:**

Initial contract pricing and invoicing shall be based on the estimated meal headcounts established in **Annex A**.

B. **The 72-Hour Change Rule:**

The Government reserves the right to increase or decrease the quantity of meals required for any scheduled mess hour.

- The Contracting Officer (KO) or designated Contracting Officer's Representative (COR) must notify the Contractor in writing of any headcount changes **no later than seventy-two

(72) hours prior** to the scheduled delivery time.

- Headcount changes submitted *outside* of the 72-hour window (i.e., less than 72 hours before delivery) shall not be binding, and the Contractor shall be paid based on the previously approved headcount.

C. **Requirement for Contract Modification:**

Any changes to the meal headcounts made under the 72-hour rule **must be formalized via a written administrative or bilateral contract modification (SF-30)** issued by the Contracting

Officer.

- This modification will adjust the total contract value and line-item (CLIN) funding to reflect the actual meals ordered.

- The Contractor shall **not** invoice, and the Government will **not** process payment, for any adjusted meal quantities until the formal contract modification has been fully executed by the Contracting Officer.