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Legal Notices

NOTICE OF INTENT TO AWARD A SOLE SOURCE PROCUREMENT MU21STADIUMSEAT Response Deadline: 3:00 p.m., LPT, Friday, June 11, 2021 Marshall University intends to waive the solicitation process and approve a sole source to purchase mesh stadium seats for Marshall University Athletics. Justification: The University has determined that 4Topps Premium Mesh Seating has many unique features that are essential to the University’s program. Those features include the following: o Ability to fit four people around a table all facing the field of action within the smallest footprint possible; o Swivel and flip seat design, allowing the points of egress and ingress to be obtained by swiveling the seat to create the aisle; o The same egress/ingress principle applies to swivel drink rail seating to condense the footprint and maximize spacing; o Seats have cushioned, breathable seat pan and seat back, which are interchangeable parts; and o Seat design includes a gravity tip-up feature, made possible through the elimination of springs in the seat arms. Interested Vendors (firms or individuals) that can sell an “or equal” mesh stadium seat to the University can respond with an alternate solution that overcomes the sole source reasons stated above, along with sufficient, detailed, convincing documentation, regarding their ability to supply equivalent seating. The Vendor’s response must be sent directly to Justin Hawthorne, Marshall University Purchasing Agent, at hawthorne2@ marshall.edu and received no later than 3:00 p.m., LPT, Friday, June 11, 2021. Any responses to this notice must show clear and convincing evidence that competition would be advantageous to the University. Supporting documentation should include, but is not limited to comprehensive mesh stadium seating specifications. The University reserves the right to require the responding Vendor to submit additional information as it may deem necessary and may consider any evidence available to it of the financial technical and other qualifications and abilities of the responding Vendor. This is not a request for bids or proposals and there is no solicitation available. The University will not consider any responses as a proposal, bid, or quote. Any response received as a result of this Notice of Intent shall be considered solely for determining whether bona fide competition exists. If it is determined by University staff, after reviewing any information received from responding Vendors, that sole source justification stands and the mesh stadium seats are available only from a sole source, the University will waive the solicitation process and award the sole source procurement. LH-111408 6-3;2021

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