RFQ - Flute - CO Signed.pdf

22 August 2022

RFQ Number: FA2517-22-Q-0101

USAFA Band Flute

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quote is being requested and written solicitation will not be used.

(ii) The United States Air Force Academy (USAFA) Band requires a custom professional model flute with unique features which will be equipped to last 20 years at least. It is comparable with civilian professional equipment and the price is comparable to other professional flutes. Yamaha Handmade Flute Model 877HHVCTCDR Serial Number: #D621 Handmade Sterling Silver flute, French (open hole), Offset G key, Split E mechanism, C# trill, Double D roller, Straubinger pads, Flat pad cups, Soldered Tone holes, Standard Wall Tubing, B foot-joint with C# and D# Rollers, Hand-cut Yamaha Type-K style Sterling Silver Head-joint with 14K riser. Handmade in Japan. The Yamaha Professional Flute Model 877 provides a rich, resonant, full sound with precise, responsive, smooth action of its mechanism. It ensures maximum depth of sound, projection, and tone colors from the flute. This instrument aids in overall mission execution by providing a more vocal, dynamic range, precision and fluid feeling. The type K headjoint has the sound concept of a powerful tone and wide dynamic range with good presence reaching the entire hall. Highly responsive with a wide dynamic range that spans from rich, sensitive pianissimo to highly resonance fortissimo is one of the highlight of this instrument. This is the only flute available that combines dexterity and power of this level with excellent evenness of tone and articulation throughout the register.

The Government intends to award a Firm Fixed Price (FFP) Purchase Order (PO) with an estimated delivery of 30 Days after receipt of award to Flute Center of New York, LLC.

(iii) This procurement is a sole source set-aside to Flute Center of New York, LLC. due to the custom nature of the product. The applicable North American Industry Classification System (NAICS) code for this requirement is 451140 - Musical Instrument and Supplies Stores with a size standard of $20.0M. The Product Service Code (PSC) is 7710 – Musical Instruments.

If there is an offeror besides Flute Center of New York, LLC. who feels that they can meet these requirements, please submit your quote in accordance with this RFQ. In addition, provide a detailed statement as to how your product can meet the requirements identified herein. If this documentation is not received, all proposed substitutions for these items shall be deemed as not acceptable.

(iv) The RFQ document and award shall incorporate all applicable provisions and clauses for this requirement using Federal Acquisition Circular 2022-07, dated 10 August 2022. You can find this document at: https://www.acquisition.gov/content/publication-fac-2022-07 and https://acquisition.gov/.

(v) The Offeror shall utilize the below CLIN structure when preparing their quote. In addition, the submitted quote shall include all requested information below under “Instruction to Offeror.”

(vi) Only a warranted Contracting Officer (CO) can obligate Government funds through a fully executed contract action. Until then, funds could become unavailable for use under this requirement. It is strongly suggested that no Offeror/Contractor incur any costs associated to this RFQ until a fully executed contract is signed by the CO and distributed to the awardee.

DEPARTMENT OF THE AIR FORCE

UNITED STATES SPACE FORCE

21ST SPACE WING

https://www.acquisition.gov/content/publication-fac-2022-07 https://acquisition.gov/

RFQ Number: FA2517-20-Q-0101

Sole Source Requirement:

The CLIN structure below identifies the Yamaha Handmade Flute Model 877HHVCTCDR provided by Flute Center of New York, LLC.

CLIN

NUMBER

Description Price

0001 Yamaha Handmade Flute Model 877HHVCTCDR

Description:

Handmade Sterling Silver flute, French (open hole), Offset G key, Split E mechanism, C# trill, Double D roller, Straubinger pads, Flat pad cups, Soldered Tone holes, Standard Wall Tubing, B footjoint with C# and D# Rollers

Serial Number: #D621

Delivery: 30 Days after receipt of award

Instructions to Offeror:

The Offeror/Contractor shall submit their FFP quote on or before Wednesday, 24 August 2022 11AM Mountain Standard Time (MST) via email to:

SSgt Brandon S. Lohse 21 CONS Contracting Officer brandon.lohse.1@spaceforce.mil

If there are any questions in regards to this RFQ, please submit them to the Contract Specialist shown above on or before Tuesday, 23 August 2022, 11:00 A.M. Mountain Standard Time (MST).

Questions will not be accepted after this time and date.

• IAW FAR 52.212-1, all quotes should include:

1. The solicitation number

2. Quote number

3. Name, address, DUNS, Cage Code and telephone number of the offeror

4. A technical description of the items being offered

5. Quantity, Unit Price, Total Price and any discount terms

6. Please provide a 30 day acceptance period for your quote

7. Acknowledgement of all solicitation amendments (if applicable)

8. Terms of any express warranty

Provisions and Clauses Incorporated by Reference:

Provisions and/or clauses apply to this acquisition (found in full text at https://acquisition.gov):

FAR 52.204-4, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-7, System for Award Management FAR 52.204-13, System for Award Management Maintenance https://acquisition.gov/

FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under and Federal Law FAR 52.212-1, Instruction to Offerors-Commercial Items FAR 52.212-4, Contract Terms and Conditions-Commercial Items FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items FAR 52.225-25, Prohibition On Contracting With Entities Engaging In Certain Activities or Transactions Relating to Iran-Representation and Certification FAR 52.323-39, Unenforceability of Unauthorized Obligations FAR 52.232-18, Availability of Funds FAR 52.233-4, Applicable Law For Breach of Contract Claim DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005, Representations Relating to Compensation of Former Government Officials DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services— Representation DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.211-7008, Use of Government-Assigned Serial Numbers DFARS 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations DFARS 252.225-7001, Buy American and Balance of Payments Program—Basic DFARS 252.225-7007, Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies DFARS 252.225-7012, Preference for Certain Domestic Commodities DFARS 252.225-7048, Export-Controlled Items DFARS 252.227-7015, Technical Data--Commercial Items DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7006, Wide Area Workflow Payment Instructions DFARS 252.232-7010, Levies on Contract Payments DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.246-7008, Sources of Electronic Parts DFARS 252.247-7023, Transportation of Supplies by Sea—Basic AFFARS 5352.201-9101, Ombudsman AFFARS 5352.209-9001, Potential Organizational Conflict of Interest AFFARS 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) AFFARS 5352.223-9001, Health and Safety on Government Installations

Implementation of the Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services Or Equipment shall comply with interim FAR rule 2019-009, published July 14, 2020, and effective on August 13, 2020. This interim rule requires offeror(s) to provide a representation regarding use of covered telecommunications equipment or services when submitting an offer.

The contractor shall complete the following provisions and clauses with the submittal of their quote:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

(a) * * *

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

52.204-26 Covered Telecommunications Equipment or Services—Representation.

As prescribed in 4.2105(c), insert the following provision:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)

(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.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

SSGT BRANDON S. LOHSE

21 CONS PKB

Contracting Officer

List of Attachments:

Attachment One (1): Sole Source Justification - Redacted