This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR), Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number HSCGG1-09-R-QEB016 is issued as a Commercial Item using Simplified Acquisition procedures in accordance with FAR Part 13. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-30. This acquisition will be unrestricted. The associated North American Industry Classification System (NAICS) code is 337127 and the small business size standard is 500 employees.



The Coast Guard Civil Engineering Unit Providence has a requirement to procure and install replacement bleachers for Roland Hall, Third Floor, U.S. Coast Guard Academy, New London, Connecticut. Two contract line items are required. (1) Furnish an electrically telescoping gym bleacher seating that can also be operated manually; and, (2) Installation of same. The resulting contract will be a firm fixed price contract.



Contract Line Item 001: Gym Bleacher Seating: $_____________________

Contract Line Item 002: Installation of Gym Bleacher Seating: $___________________



Site Visit/Point of Contact: A site visit is scheduled for March 6, 2009 at 9:00 a.m. Attendees will meet at the Visitors Center Parking Lot at the U.S. Coast Guard Academy, 15 Mohegan Avenue, New London, CT. It is strongly encouraged that those firms interested in submitting a proposal attend this visit. Please contact Mr. Jim Lobianco at (860) 701-6142 or Mr. Ernie Eybel at (401) 736-1721 to register for this site visit. Any questions resulting from this site visit shall be addressed to the attention of Mr. Ernie Eybel in writing, fax (401) 736-1704 or e-mail at Ernest.P.Eybel@uscg.mil no later than 10 March 2009 by 10:00 a.m. local time, Warwick, Rhode Island.



Shipping terms shall be FOB destination. The contractor shall contact and confirm the delivery with the Contracting Specialist a minimum of ten (10) calendar days prior to delivery of the bleachers. Delivery and acceptance will be made to Third Floor, Roland Hall, U.S. Coast Guard Academy, 15 Mohegan Avenue, New London, CT 06320 and take place between the hours of 7:30 A.M. and 1:00 P.M. The provision at 52.212-1, Instructions to Offerors-Commercial Items (Jun 2008), applies to this acquisition. The provision at 52.212-2, Evaluation-Commercial Items, applies to this acquisition. The following text is added to Paragraph (a) of the clause: (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: (A) Best Value. Contract will be made considering Technical, Price, Schedule and Past Performance and will be based on a Pass/Fail. Schedule will be more important than price. (B) Technical Acceptability. The government shall evaluate technical proposals submitted by the offerors on a pass/fail basis, assigning a rating of Acceptable, or Unacceptable. The proposals shall be evaluated against the salient characteristics. (C) Price Evaluation – Technically Acceptable offerors shall be ranked according to price. An offeror’s proposed prices will be determined by adding line items (1) and (2) to confirm the total amount. The price evaluation will document the reasonableness and affordability of the proposed total evaluated price. (D) Schedule - Fabrication and installation period: Ability to complete project (provide stated bleachers and installation of same) during the stated installation period of (5/25/2009 through 6/19/2009). The government reserves the right to award a contract to other than the lowest price offer. (E) Past Performance - : Offerors shall provide evidence (past performance references), including point of contact names and telephone numbers of having successfully completed a minimum of three (3) bleacher system installations within the last three (3) years of similar size, scope and complexity to the subject project. References will be contacted to determine satisfactory performance.

Note: Contractors proposed completion date will be considered more important than price. The provision at 52.212-3, Offeror Representations and Certifications-Commercial Items applies to this solicitation. The contractor shall return a completed copy of these provisions with its offer. Copies of clauses and provisions can be obtained from http://www.arnet.gov/far/index.html. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. The Contractor shall comply with the FAR clauses in paragraph (b) of 52.212-5 that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:52.203-6 Restrictions on Subcontractor Sales to the Government Alt I (Oct 1995), 52.219-6, Notice of Total Small Business Set-Aside (June 2003), 52.219-28, Post Award Small Business Program Representation (June 2007), 52.222-3, Convict Labor (June 2003), 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008), 52.222-21, Prohibition of Segregated Facilities (Feb 1999), 52.222-26, Equal Opportunity (Mar 2007), 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998), 52.222-50, Combating Trafficking in Persons (Aug 2007), 52.225-1, Buy American Act—Supplies (Feb 2009), There are no exceptions to the Buy American Act –Supplies, 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury), 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003). The following additional clauses apply: The following Homeland Security Acquisition Regulations (HSAR) (48 CFR Chapter 30) Clause is incorporated by reference: 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006). Copies of HSAR clauses may be obtained electronically at http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-regulation-0606.pdf. No Numbered Notes.



Note: Proposals are due March 24, 2009 at 4:00 PM EST, mailed to USCG CEU Providence, Attention: Ernest Eybel, 300 Metro Center Blvd., Warwick, RI 02886. Faxed or emailed quotes are acceptable. The Government Point of Contact is Mr. Ernest Eybel who may be reached by email at Ernest.P.Eybel@uscg.mil, by phone at 401-736-1721 or by fax at 401-736-1704. Lack of registration in Central Contractor Registry will make an offeror ineligible for award. Please see website http://www.ccr.gov/ for information on how to register with CCR or call 1-888-227-2423. Offeror Representations and Certifications must be completed and submitted with the quote. Please see website https://orca.bpn.gov/ to complete the reps and certs online or fill in the provided provision below.



Provision in Full Text:

FAR 52.212-3 Offeror Representations and Certifications—Commercial Items. (Feb 2009)



An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“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.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 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.

“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 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.

“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.

“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 which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(1) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

__ 50 or fewer __ $1 million or less

__ 51–100 __ $1,000,001–$2 million

__ 101–250 __ $2,000,001–$3.5 million

__ 251–500 __ $3,500,001–$5 million

__ 501–750 __ $5,000,001–$10 million

__ 751–1,000 __ $10,000,001–$17 million

__ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It o has, o has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

_______________________________________

_______________________________________

_______________________________________

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

______________ _________________

______________ _________________

______________ _________________

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

(1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

___________________ ___________________

___________________ ___________________

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) o Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

[ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

o TIN: ________________________________.

o TIN has been applied for.

o TIN is not required because:

o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

o Offeror is an agency or instrumentality of a foreign government;

o Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

o Sole proprietorship;

o Partnership;

o Corporate entity (not tax-exempt);

o Corporate entity (tax-exempt);

o Government entity (Federal, State, or local);

o Foreign government;

o International organization per 26 CFR 1.6049-4;

o Other ________________________________.

(5) Common parent.

o Offeror is not owned or controlled by a common parent;

o Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.



Any amendments to this solicitation will be published in the same manner as the initial synopsis and solicitation.



TELESCOPING GYM SEATS SPECIFICATIONS



PART 1 GENERAL



1.01 SUMMARY



A. Furnish and install electrically operated telescoping gym bleacher seating that also can be operated manually. Multiple tiered seating rows comprised of seat, deck components, and understructure that permits closing without dismantling, into a nested configuration for storage.



B. Requirements include the following:

1. Wall attached telescoping gym seats.

2. Colors to be selected by Academy Athletics Division.

3. Wall mounted key operated switch for electric control of bleachers.



1.02 REFERENCES



A. National Fire Protection Association (NFPA)

1. NFPA 102 standard for assembly seating, tents and membrane structures.



B. American Welding Society (AWS):

1. AWS D1.1 Structural Welding Code - Steel

2. AWS D1.3 Structural Welding Code - Sheet Steel



C. American Institute of Steel Construction (AISC):

1. AISC - Design of Hot Rolled Steel Structural Members.



D. American National Standards Institute (ANSI).



E. American Iron & Steel Institute (AISI):

1. AISI - Design Cold Formed Steel Structural Members.



F. Aluminum Association (AA):

1. AA - Aluminum Structures, Construction Manual Series.



G. American Society for Testing Materials (ASTM):

1. ASTM - Standard Specification for Properties of Materials.



H. National Forest Products Association (NfoPA)

1. NfoPA - National Design Specification for Wood Construction.



I. Southern Pine Inspection Bureau (SPIB):

1. SPIB - Standard Grading Rules for Southern Pine.



J National Bureau of Standards/Products Standard (NBS/PS):

1. PSI - Construction and Industrial Plywood.



K. Americans with Disability Act (ADA)

1. ADA - Standards for Accessible Design.



1.03 MANUFACTURERS SYSTEM ENGINEERING DESCRIPTION



A. Structural Performance: Engineer, fabricate and install telescopic gym seating systems to the following structural loads without exceeding allowable design working stresses of materials involved, including anchors and connections. Apply each load to produce maximum stress in each respective component of each gym seat unit.

1. Design Loads: Comply with IBC section 1108 special occupancies - grandstands, bleachers & reviewing stands.



B. Manufacturer’s System Design Criteria:

1. Gymnasium seat assembly; design to support and resist, in addition to its own weight, the following forces:

a. Live load of 120 lbs per linear foot on seats and decking

b. Uniformly distributed live load of not less than 100 lbs per sq. ft. of gross horizontal projection.

c. Parallel sway load of 24 lbs per linear foot of row.

d. Perpendicular sway load of 10 lbs. per linear foot of row.

2. Hand Railings, Posts and Supports: Engineered to withstand the following forces applied separately:

a. Concentrated load of 200 lbs. applied at any point and in any direction.

b. Uniform load of 50 lbs. per foot applied in any direction.

3. Guard Railings, Post and Supports: Engineered to withstand the following forces applied separately:

a. Concentrated load of 200 lbs. applied at any point and in any direction along top rail.

b. Uniform load of 50 lbs. per foot applied horizontally at top rail and a simultaneous uniform load of 100 lbs. per foot applied vertically downward.

4. Member Sizes and Connections: Design criteria (current edition) of the following shall be the basis for calculation of member sizes and connections:

a. AISC: Manual of Steel Construction

b. AISI: Specification for Design of Cold Formed Steel Structural Members

c. AA: Specification for Aluminum Structures

d. NFOPA: National Design Guide for Wood Construction.



1.04 SUBMITTALS



A. Shop Drawings: Indicate telescoping gym seat assembly layout. Show seat heights, row spacing and rise, aisle widths and locations, assembly dimensions, anchorage to supporting structure, material types and finishes.

1. Wiring Diagrams: Indicate electrical wiring and connections.

2. Graphics Layout Drawings: Indicate pattern of contrasting or matching seat colors. Include layouts depicting both open and closed positions.



B. Samples: Seat materials and color finish as selected by Academy staff from custom or manufacturer’s standard color finishes.



C. Project Schedule: Provide a project schedule to include design, material procurement, fabrication, delivery, installation, and testing.



D. Warranty: Manufacturers warranty documents.



E. Operation and Maintenance Documentation: Provide two (2) paper copies of operation and maintenance procedures. In addition, provide the operation and maintenance procedures in an electronic Microsoft Work or .pdf file.



1.05 QUALITY ASSURANCE



A. NFPA Standard: Comply with current NFPA 102 standard for assembly seating, tents, and membrane structures, and specifically with Chapter 5 Folding and Telescopic Seating, except where additional requirements are indicated or imposed by authorities having jurisdiction.



B. Welding Standards & Qualification: Comply with AWS D1.1 Structural Welding Code - Steel and AWS D1.3 Structural Welding Code - Sheet Steel.



C. Manufacturer Qualifications: Manufacturer who has a MINIMUM of ten years experience manufacturing telescoping gym seats.



D. Installer Qualifications: Engage experienced Installer who has specialized in installation of telescoping gym types similar to types required for this project and who is acceptable to, or certified by, telescoping gym seat manufacturer.



1.06 DELIVERY, STORAGE AND HANDLING



A. Deliver and unload telescopic gym seats in manufacturers packaging clearly labeled with manufacturer name and content.



B. Handle seating equipment in a manner to prevent damage.



C. Deliver the seating at a scheduled time for installation that will not interfere with Athletic Division sporting events or class schedules.



1.07 PROJECT CONDITIONS



A. Field measurements and inspection of premises:

1. Coordinate actual dimensions and conditions of construction affecting telescoping bleachers installation by accurate field measurements before fabrication.

2. Show recorded measurements on final shop drawings.

3. Coordinate field measurements and fabrication schedule with construction progress to avoid delay of work. Change orders due to conditions that are readily visible during the bidding period will not be allowed.









1.08 WARRANTY



A. Manufacturer’s Product Warranty: Submit manufacturer’s warranty form for telescoping bleachers. This warranty is in addition to, and not a limitation of other rights government may have under contract documents.

1. Warranty Period: Five years from date of acceptance. Warranty is to include labor as well as materials.

2. Beneficiary: Issue warranty in legal name of government entity.

3. Warranty Acceptance: Government is sole authority who will determine acceptance of warranty documents.



1.09 MAINTENANCE AND OPERATION



A. Instructions: Both operation and maintenance shall be transmitted to the government by the manufacturer of the seating or his representative. The installer is to provide operational training as well as maintenance training.



B. Service: Preventive maintenance and operation shall be the responsibility of the Owner or his duly authorized representative, and shall include the following:

1. Operation of the seating system shall be supervised by responsible personnel who will assure that the operation is in accordance with the manufacturer’s instructions.

2. Only attachments specifically approved by the manufacturer for the specific installation shall be attached to the seating.

3. An annual inspection and required maintenance of each seating system shall be performed to assure safe conditions.



PART 2 – PRODUCTS



2.01 MANUFACTURERS



A. Attached telescopic bleachers or equal seating surfaces, in sizes and arrangements as specified herein, and with features specified below. Equal products, including the fully recoverable first row handicap truncations, by other manufacturers will be considered if in compliance with these specifications. Fixed area truncations (or cutouts) are not considered equal and are not acceptable.



B. Manufacturers:

1. Irwin Telescoping Seating Co., www.irwintelescopicseating.com

2. Interkal, www.interkal.com

3. Hussey Seating Co., www.husseyseating.com



2.02 SUPPLY AND INSTALL



A. Seating Area:

Bank A - 94’ Long x 14 Rows High

Bank B – 42’ Long x 14 Rows High

Bank C – 42’ Long X 14 Rows High

Mounting: Wall Attached / Floor Attached

Operation: Motorized using Friction Posi Motor System.

Seat Type: High Density Polyethylene (HDPE) injection molded with no streaking.

Seat color finishes: Selected by Athletics Division.



B. Dimensions:

1. Rise per row: 9-5/8” (245 mm).

2. Row spacing: 24” (610 mm).

3. Closed dimension: 3’6”.

4. Extended dimension: 27’ 2”



C. Accessories:

1. Aisles shall be footrest level, width per code. Aisles at the footrest level shall have non-slip treads on the top front edge.

2. End rails, self-storing, removable “insta-rails” shall be provided at the open ends of the group. All end rails must be designed to integrate with the decking and under structure. Rails shall meet all federal codes. All rails shall be made from 1”(25 mm) OD cold rolled 14 gauge round.

3. Non-removable folding aisle handrails shall be provided. Aisle railings shall be permanently attached to the mounting pocket and allow railings to pivot and fold sideways and down for storage. Aisle railing shall be an individual rail design, located on every other row starting at row two (2). Railings to be constructed of 1.5” (38 mm) round stainless steel tubing. Aisle rails that require removal are not acceptable.

4. ADA truncations required as recommended by manufacturer and as per ADA. Fully recoverable ADA truncations are preferred.

5. End Panels - to the 96” (2438 mm) level.

6. Rear Filler Board (at seat height).

7. Wall-mounted key operated control switches for extending and retracting the bleachers. Number of switches dependent on manufacturers design and recommendations.



2.03 UNDERSTRUCTURE FABRICATION



A. All bleacher wheels shall be a minimum 4” (102 mm) in diameter with 1 ¼” (32 mm) soft, non-marring face for floor protection.



B. Each row shall be outfitted with a minimum of eight (8) of the above wheels.



C. Bleacher uprights shall be made of square and rectangular tubing. All bleacher leg tubing to be minimum 1.5”(38 mm) x 3”(76 mm) rectangular hollow structural tube (MINIMUM 125 wall). Tubing will be manufactured to B.W.G. specifications using S.A. E. 1010 steel. Structural “C” formed steel is not acceptable.



D. All wheel channels to be 11-gauge steel.



E. All bleacher slide arms to be 10-gauge steel.



F. All bracing to be angle iron. Flat bar or formed steel bracing is not acceptable.



G. Travel distance of each row shall be determined by the steel horizontal members under each row (or deck) and also by the mechanical trip-locks at the bottom of each upright. All row-locks must be a minimum ¼” (6 mm) steel.



H. Platform decks shall be manufactured using 5/8” (16 mm) grey Panelam decking.



I. Deck shall be supported over full length by rear and front channel. In addition, front and back supports will be supplied as required. Rear and front channels shall be 14-gauge galvanized steel.



J. Sections exceeding 240” (6096 mm) in length will have an additional rear stiffener channel (minimum 14 gauge) to bridge the extended span.



K. Deck level rear filler up to 6 ½” (165 mm) included.



L. All hardware shall be plated and stress rated.



2.04 BLEACHER FINISH



A. All steel framing shall be finished flat black.



B. Rear and front channels shall be 14 gauge galvanized.



C. 10” (254 mm) CSM seats to be HDPE (High-Density Polyethylene), 10”(254 mm) deep x 18”(457 mm) long in choice of manufacturer’s standard or custom solid colors. Each module shall interlock to the adjacent module both around the perimeter and along the internal ribs to eliminate pinching hazards and assure proper alignment. A minimum 1” (25 mm) full 360 degree interlock is required. Multi-part seats or seats with no interlock are not acceptable. A steel-to-steel attachment of each module to a galvanized steel nose-beam shall be provided for maximum rigidity. All seat module brackets must be double through-bolted into the deck structure. Must meet ASTM D2843, ASTM D635 and ASTM D1929.



2.05 ELECTRICAL OPERATION



A. Electric-drive Propulsion System:

1. The entire system shall open and close by an electric motor driven system. All motors to be 1/2 HP instant reversing automatic reset 120 / 208 / 240 VAC. All tractor frames to be made from 7-gauge steel. All axle shafts to be 1” steel. All wheels to be vulcanized rubber. All drive chains and sprockets to be #50. All speed reducers to be helical drive. All wheels in the system must be mounted “free floating” to the first row of the bleacher with heavy-duty springs and grade 5 hardened steel through-bolts (for up to 15 rows). Number of tractors and added weight to be determined by requirements based on number of rows and type of seating.

2. Manufacturer shall provide all wiring from power source within the bleacher systems including pendant control. Power requirement to be determined by seating manufacturer depending on the number of power units required. Power source to terminate in surface mounted junction box location determined by the manufacturer. Customer shall provide all connections to the seating equipment at the junction box.











PART 3 - EXECUTION



3.01 EXAMINATION



A. Verification of Conditions: Verify area to receive telescoping gym seats is free of impediments interfering with installation and condition of installation substrates is acceptable to receive telescoping gym seats in accordance with telescoping gym seats manufacturer's recommendations. Do not commence installation until conditions are satisfactory.



3.02 INSTALLATION



A. Manufacturer's Recommendations: Comply with telescoping gym seats manufacturer's recommendations for product installation requirements.



B. General: Install telescoping gym seats in accordance with manufacturer's installation instructions and final shop drawings. Provide accessories, anchors, fasteners, inserts and other items for installation of telescoping gym seats and for permanent attachment to adjoining construction.



3.03 ADJUSTMENT AND CLEANING



A. Adjustment: After installation completion, lubricate, test and adjust each telescoping gym seats assembly to operate in compliance with manufacturer's operations manual.



B. Cleaning: Clean installed telescoping gym seats on both exposed and semi-exposed surfaces. Touch-up finishes to restore damage or soiled surfaces.