REQUEST FOR PROPOSALS - · PDF filerequest for proposals maa-rfp-15-001 june 8, 2015 for the...

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REQUEST FOR PROPOSALS MAA-RFP-15-001 JUNE 8, 2015 FOR THE DESIGN, DEVELOPMENT, FINANCING, CONSTRUCTION, MANAGEMENT/OPERATION, AND MAINTENANCE OF AN AIRPORT HOTEL AT BALTIMORE/WASHINGTON INTERNATIONAL THURGOOD MARSHALL AIRPORT

Transcript of REQUEST FOR PROPOSALS - · PDF filerequest for proposals maa-rfp-15-001 june 8, 2015 for the...

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REQUEST FOR PROPOSALS

MAA-RFP-15-001

JUNE 8, 2015

FOR THE DESIGN, DEVELOPMENT, FINANCING, CONSTRUCTION, MANAGEMENT/OPERATION, AND

MAINTENANCE OF AN AIRPORT HOTEL AT

BALTIMORE/WASHINGTON INTERNATIONAL THURGOOD MARSHALL AIRPORT

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Table of Contents

I. INTENT AND OBJECTIVES ........................................................................................................... 1 A. Intent ................................................................................................................................................ 1 B. Administration’s Objectives ............................................................................................................ 1 C. Additional Information .................................................................................................................... 2

II. AIRPORT HOTEL SITE DESCRIPTION AND TECHNICAL DESIGN REQUIREMENTS ...... 2 A. Site Requirements ............................................................................................................................ 3 B. Pedestrian Conveyance .................................................................................................................... 4 C. Hourly Parking Garage Pedestrian Connection ............................................................................... 5 D. Parking Plan..................................................................................................................................... 6 E. Utility Systems, Storm Drain and Stormwater Management .......................................................... 7 F. Groundwater Contamination ........................................................................................................... 9 G. Access Roadway Improvements ...................................................................................................... 9 H. Structure and Site Leased Premises ............................................................................................... 10 I. Administration’s Reservation of Rights to Site Leased Premises ................................................. 11 J. Design and Approval Process ........................................................................................................ 12 K. Construction Phasing ..................................................................................................................... 12

III. SCHEDULE, PROCESS, REGISTRATION AND SUBMISSION ............................................. 13 A. Schedule ........................................................................................................................................ 13 B. Process and Registration ................................................................................................................ 13 C. Submission Requirements ............................................................................................................. 15

IV. MANDATORY QUALIFICATIONS ........................................................................................... 16 V. TECHNICAL PROPOSAL FORMAT AND CONTENT ............................................................. 18

A. Technical Proposal Format ............................................................................................................ 18 B. Technical Proposal Content ........................................................................................................... 18

VI. REVIEW AND EVALUATION OF TECHNICAL PROPOSALS ............................................. 30 A. Selection Panel .............................................................................................................................. 30 B. Technical Proposal Evaluation Criteria ......................................................................................... 30 C. Initial Review for Responsiveness ................................................................................................ 31 D. Proposal Evaluation Process .......................................................................................................... 31 E. Clarifications/Discussions ............................................................................................................. 32 F. Short-listing and Interviews .......................................................................................................... 32

VII. FINANCIAL PROPOSALS ........................................................................................................ 32 A. Minimum Monthly Guarantee ....................................................................................................... 32 B. Financial Proposal Content and Format ........................................................................................ 33

VIII. REVIEW OF FINANCIAL PROPOSALS, BEST AND FINAL OFFERS AND AWARD ..... 33 A. Review of Financial Proposals ...................................................................................................... 33 B. Best and Final Offers ..................................................................................................................... 34 C. Final Evaluation and Recommendation for Award ....................................................................... 34 D. Award ............................................................................................................................................ 34 E. Contingent Approval ..................................................................................................................... 35 F. Financial Liability of Administration and Contractor ................................................................... 35

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IX. AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE PLAN ................ 36 A. Failure to Achieve ACDBE Participation Goal ............................................................................. 36 B. Use of Subcontractors to Achieve ACDBE Participation Goal ..................................................... 37

X. GENERAL REQUIREMENTS ...................................................................................................... 37 A. Use of Electronic Versions of This RFP ....................................................................................... 38 B. Disqualification ............................................................................................................................. 38 C. Rights of Administration ............................................................................................................... 38 D. Duration of Offer ........................................................................................................................... 39 E. Modification or Withdrawal of Proposal ....................................................................................... 39 F. Discussions .................................................................................................................................... 40 G. Incurred Expenses ......................................................................................................................... 40 H. Economy of Preparation ................................................................................................................ 40 I. Ownership of Proposals ................................................................................................................. 40 J. Public Information Act Notice ...................................................................................................... 40 K. Verification of Registration and Tax Payment .............................................................................. 41 L. Arrearages...................................................................................................................................... 41 M. Contractor Qualifications .............................................................................................................. 41 N. Contract Affidavit .......................................................................................................................... 41

Forms

1. Acknowledgement of Receipt

2. Contractor Comment Form

3. Contractor Registration Form

4. Guaranty of Performance

5. Proposal Affidavit

6. Proposal Affirmation

7. Financial Pro-Formas

8. Non-Collusion Affidavit

9. Technical Proposal Submittal Checklist

10. Financial Proposal

Exhibits

A. Sample Contract - Contract No. MAA-LC-15-XXX

B. Contract Affidavit Form

C. Building Height Limitations

D. Glare Study Guidelines

E. Existing Utility Systems

F. Parking Revenue Control Equipment Specifications

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Weblinks

Anne Arundel County Code and County Charter

Anne Arundel County Code Article 18, Title 3, Subtitle 1 - Parking

General Provisions Article, § 4-101 et seq., Annotated Code of Maryland (Public Information

Act)

Federal ACDBE Regulations, 49 C.F.R., Part 23

Federal ACDBE Regulations, 49 C.F.R., Part 26.51

Federal ACDBE Regulations, 49 C.F.R., Part 26.53

MAA Design Standards 2014 (Office of Design & Construction)

MAA Permit Process and Information Guide

MAA Environmental Planning

MAA Environmental Planning – Short Form Environmental Assessment

MAA Tenant Directive 007.1 Building and Installation Permits at BWI Marshall

Maryland Standards and Specifications for Erosion and Sediment Control Handbook

State Regulations for Stormwater Management (COMAR Section 26.17.02 - Subsections 00

through 11)

State Regulations for Water Quality (COMAR Section 26.08.02 - Subsections 00 through 13)

State Treasurer

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I. INTENT AND OBJECTIVES

A. Intent

Maryland Aviation Administration (Administration) is requesting proposals from any interested and

qualified firm (Contractor) for the design, development, financing, construction,

management/operation and maintenance of an Airport Hotel (Airport Hotel) at

Baltimore/Washington International Thurgood Marshall Airport (Airport) on a site adjacent to the

Airport’s terminal building. It is Administration’s intent to select one (1) Contractor that

successfully demonstrates its ability to design, develop, finance, construct, manage/operate and

maintain an Airport Hotel according to the requirements of this Request for Proposal (RFP). Any

Lease and Concession Contract (Contract) awarded as a result of this RFP will be a non-exclusive

Contract. The term of this Contract is a period of fifty (50) years commencing on the Date of

Beneficial Occupancy, subject to Federal Aviation Administration (FAA) approval.

Each potential Contractor is encouraged to read this RFP carefully. Any submission is deemed an

agreement to comply with all terms and conditions referenced in the RFP. Administration will not

provide any funding for the Airport Hotel.

Administration hereby notifies Contractors that in regard to any Contract entered into pursuant to

this RFP that includes participation requirements for Airport Concession Disadvantaged Business

Enterprises (ACDBE), Contractors will be afforded full opportunity to submit Proposals in response

to this RFP and will not be subjected to discrimination on the basis of race, sex, age, color, creed,

national origin, marital status, sexual orientation, gender identity or disability in consideration for

an award. ACDBEs are encouraged to respond to this RFP. The ACDBE regulations are set forth in

the Code of Federal Regulations, 49 C.F.R. Part 23 (see Weblinks).

B. Administration’s Objectives

Administration’s objectives are as follows:

1. To enhance the Airport with a nationally-branded or independent, first-class, full-service

hotel which connects to the existing Airport Terminal Buildings. The Airport Hotel design

shall be modern, sophisticated and comfortable, with high end finishes to provide an

attractive, welcoming presentation to corporate and leisure guests who expect high quality

accommodations; and

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2. To have an Airport Hotel with a sense of place which reflects the Airport’s role as a gateway

to the Baltimore-Washington Metropolitan Area. This may include meeting spaces with the

highest degree of technology available and superior furnishings, local food and beverage

offerings including an upscale restaurant as well as conveniences expected by airport

patrons such as a coffee/juice bar and a retail/gift shop; and

3. To have an Airport Hotel that is a gateway feature for the Airport with an architectural

expression and/or theme complementing and enhancing the architecture of the Airport

Terminal Buildings; and

4. To have an environmentally responsible Airport Hotel utilizing as much sustainable design

and technology as is financially feasible. The Administration has established a goal of

promoting high performance buildings, environmentally responsible construction, and

sustainable development, and reserves the right to give preference to Airport Hotel proposals

that would achieve LEED certification; and

5. To maximize revenues to the Administration.

C. Additional Information

Upon receipt of this RFP, all entities shall immediately submit Form No. 1 via email to

[email protected]. Any Technical Proposal submitted in response to this RFP shall

include a signed copy of Form No. 1 under Tab 25 – Forms. If an entity elects not to submit a

response to this RFP, Administration requests that said entity submits a completed Form No. 2 to

the Administration. For additional information regarding the Airport Hotel, go to

www.newbwiairporthotel.com (Website)

II. AIRPORT HOTEL SITE DESCRIPTION AND TECHNICAL DESIGN REQUIREMENTS

The Airport Hotel site is located on Airport property adjacent to the Airport’s Hourly Parking

Garage and provides approximately two and one half (2.5) acres of land for development for the

Airport Hotel facility and immediately adjacent hotel parking. In addition, after award of the

Contract to the selected Contractor, Administration may be willing to enter into a license agreement

with Contractor for additional surface parking to accommodate the Airport Hotel employees.

Figure 1 illustrates the proposed site for the Airport Hotel and the existing roadway configuration.

Currently used as an employee parking lot, the Airport Hotel site is bordered by Elm Road which

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serves as a primary exit path from the terminal complex and by I-195 which provides direct access

to the Airport. Airport Hotel customers will access the site via I-195. Service vehicles will access

the Airport Hotel site via Elm Road. Currently, surface and garage parking flank the proposed site.

FIGURE 1 - Airport Hotel Site Location

The following sections contain technical requirements for the design and development of an Airport

Hotel on the site identified in Figure 1.

A. Site Requirements

The Airport Hotel site has the following requirements:

1. Noise Considerations: Contractor shall take into consideration the Airport environment and

shall design soundproofing features that will protect Airport Hotel customers and visitors by

minimizing or eliminating noise from the immediately surrounding area, such as on-Airport

vehicle traffic or aircraft takeoffs and landings.

2. Building Height Limitations (Exhibit C): Administration has performed a preliminary

analysis of the Maximum Building Height that can be accommodated on the proposed

Airport Hotel site under Federal Aviation Administration (FAA) guidelines. Contractor is

responsible for designing the Airport Hotel in compliance with the applicable FAA

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requirements and for preparing and submitting all necessary documentation to obtain FAA

approval for the Airport Hotel.

3. Architecture Glare Study (Exhibit D): Prior to receiving final approval from Administration

on the design of the Airport Hotel, Contractor shall prepare a glare study utilizing an

industry-accepted methodology as approved by the Administration. The purpose of the

glare study will be to verify that materials and surfaces proposed in the Airport Hotel do not

impair visual acuity in the Airport Terminal Building area, taxiways, runways, runway

approaches and other movement areas on the airfield, or otherwise affect the visual

requirements of air traffic controllers working in the existing and planned future Air Traffic

Control Tower.

4. Remote Transmitter/Receiver (RTR): The Administration is studying possible impacts to the

existing RTR antenna array under FAA guidelines. The proposed Airport Hotel

development is included in the current study and is being modeled at the maximum height

and location provided in this document. The Administration reserves the right to delay the

design and/or start of construction of the hotel until the RTR study/recommendation is

accepted by the FAA and the required improvements are completed.

B. Pedestrian Conveyance

The design of the Airport Hotel site shall also provide for the safe conveyance of pedestrians from

the Airport Employee Parking lot located on the northwestern boundary of the Airport Hotel site to

the 1st floor of the Hourly Parking Garage.

Access from the Airport Hotel site to the existing moving walkway system on the 1st floor of the

Hourly Parking Garage is currently provided by an exterior stairway and ramp system located on

the north side of the Garage. An Administration-approved means of employee and pedestrian access

to the moving walkway system shall be maintained throughout construction as well as included in

the Airport Hotel design.

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C. Hourly Parking Garage Pedestrian Connection

As part of the Technical Proposal, Contractor is required to design, develop, finance, construct, and

maintain a vertical circulation core and an enclosed, conditioned pedestrian bridge connection from

the Airport Hotel to an enclosed, conditioned orientation lobby on the 6th

floor of the Hourly

Parking Garage. The orientation lobby shall be designed to allow for potential future pedestrian

connections to be constructed by Administration or others, as shown in Figure 2, and shall tie into

the existing elevator and stairway core within the lobby area to allow interim vertical circulation to

the parking garage floors and the moving walkways on the 1st floor of the garage.

FIGURE 2 – Pedestrian Connections to Terminal

The pedestrian connection to be constructed by Contractor shall be architecturally similar to the

three (3) existing skybridges between the Hourly Parking Garage and the Airport Terminal

Buildings. The clear walkway width of the pedestrian connection will be a minimum of twelve (12)

feet. Contractor shall provide design concepts that are similar in scale and architecture to the

existing orientation lobby located on the 6th

floor of the Hourly Parking Garage.

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D. Parking Plan

As part of the proposed site design, Contractor shall submit a comprehensive plan that addresses the

parking needs of Airport Hotel employees and customers. Administration is willing to allocate up

to 250 parking spaces at the prevailing rate as established by the Administration (currently $22.00

per vehicle per day) on the 3rd

floor of the existing Hourly Parking Garage as dedicated parking for

customers and/or employees of the Airport Hotel. A possible Hourly Parking Garage Airport Hotel

parking configuration is shown in Figure 3, but Contractor may propose alternatives for

consideration. Should Contractor choose to accept any or all allocated spaces in the Hourly Parking

Garage, Contractor will be required to construct a gated access system for the Airport Hotel parking

area. Such gated access system shall be compatible with the current Airport parking revenue

control system (see Exhibit F).

FIGURE 3 – Possible Airport Hotel Parking Configuration, Third Floor, Hourly Garage

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Additional or alternative Airport Hotel parking configurations must fit within the confines of the 2.5

acre Airport Hotel site; however, Airport Hotel employee parking may be available in an off-site

Administration employee parking lot at the prevailing rate as established by the Administration

(currently $360.00 per space per annum).

Contractor’s parking plan shall:

1. Include elements to ensure that any proposed Hourly Parking Garage access ramp is

maintained for both Airport Hotel customer service and fire safety reasons.

2. State the number of spaces mandated by the Anne Arundel County Code and County

Charter, Article 18, Title 3, Subtitle 1 as it relates to Hotel Development (see Weblinks).

3. Specify how many allocated spaces in the Hourly Parking Garage will be utilized for Airport

Hotel customers or management, if any.

4. Provide an estimate for the number of Airport Hotel employee parking spaces needed.

5. If proposing an alternative parking configuration, describe:

a. Location and number of Airport Hotel parking spaces designated for customers and

for employees.

b. Proposed control system to ensure only Airport Hotel customers and employees may

access proposed parking area.

c. Revenue capture system to be used for customer and/or employee parking and the

rates to be charged. A percentage of any parking revenue collected by the Airport

Hotel shall be submitted to Administration for satisfaction of parking bond

repayment requirements in conformity with the then current Airport parking

management concession contract(s) (currently 87.17%, as established by

Administration).

E. Utility Systems, Storm Drain and Stormwater Management

Contractor shall be responsible for all work necessary to establish utility connections for the Airport

Hotel, including designing, coordinating and permitting. Permitting shall be in accordance with

Anne Arundel County rules and regulations and Administration’s Tenant Directive 007.1 – Building

and Installation Permits at Baltimore/Washington International Thurgood Marshall Airport (see

Weblinks). In performing this work, Contractor shall also be responsible for relocating existing

utility systems from the Airport Hotel site, as necessary, for new utilities, storm drain and

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Figure 4 Possible Utility Connections

stormwater management. Utilities include telecommunications, sanitary sewer, potable water,

electric and natural gas. Contractor is required to perform utility demand studies of the Airport

Hotel and to verify and demonstrate to Administration that sufficient utility capacity exists to

support the Airport Hotel as proposed by Contractor. The Contractor shall be responsible for the

cost of the design and construction of any and all utility system improvements needed to provide

adequate utility services to meet the utility demand of the hotel development.

Administration has performed a limited preliminary investigation and identified the existing utility

systems in the vicinity of the Airport Hotel, which can be found in Exhibit E on the Website.

Existing utilities and possible points of connection are shown on Figure 4. As part of the design

process, Contractor shall be required to confirm the feasibility of the access points and to design and

construct connections to access points and relocate if necessary.

All solutions shall be designed in conformity with Maryland standards for both water quality and

stormwater management (Code of Maryland Regulations - COMAR 26.08.02 and COMAR

26.17.02, respectively (see Weblinks)). In addition, Contractor shall develop and implement erosion

and sediment control measures in accordance with the latest version of the Maryland Standards and

Specifications for Erosion and Sediment Control Handbook and Maryland Stormwater Management

laws and regulations (see Weblinks).

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F. Groundwater Contamination

Contractor is advised that the Airport Hotel site may contain groundwater contaminants. A report

titled “Limited Phase II Environmental Assessment BWI Thurgood Marshall Airport Future Hotel

Site” is included in Appendix G of the Short Environmental Assessment Form for Airport

Development Projects (see Weblinks). Contractor shall be responsible for costs associated with

remediating any contaminated groundwater found on the Airport Hotel site in accordance with the

requirements of the Maryland Department of the Environment (MDE).

G. Access Roadway Improvements

Figure 5 depicts conceptual roadway and site improvements required by Administration and related

to the Airport Hotel site. Contractor shall be responsible to design, develop, finance, and construct

the access roadway improvements described below.

Figure 5 Access Roadway Improvements

1. I-195 Directional Ramp: Contractor shall be responsible for I-195 widening to create a

deceleration lane and access ramp to the Airport Hotel site for Airport Hotel customers. This

improvement shall include changes required to reconstruct and/or modify the existing

overhead guide sign system to provide wayfinding for Airport Hotel customers.

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2. Airport Hotel Exit to Elm Road: If not using the existing Hourly Garage infrastructure,

Contractor shall be responsible for designing, financing and constructing an exit roadway

from the Airport Hotel site to Elm Road

3. Service Vehicle Access: Service vehicles are not permitted to use I-195 to gain access to the

Airport Hotel site. An existing one-way roadway provides access from Elm Road to the

Airport Employee Parking Lot, located northwest of the Airport Hotel site. Contractor shall

be responsible for converting the existing one-way roadway to a bi-directional roadway,

which will allow service vehicles access to and egress from the Airport Hotel site via Elm

Road. This work will include changes required to relocate the existing access gates and

changes necessary to reconfigure the Airport Employee Parking Lot.

4. Airport Hotel Roadways and Parking Lots: Contractor shall design, finance, construct and

maintain all circulation roadways and parking lots within the Leased Premises, including a

fire lane around the entire Airport Hotel perimeter. In the event the Hourly Parking Garage

is proposed to be used for Airport Hotel parking, the circulation roadways shall also include

a connection to the existing Hourly Parking Garage and gated ingress and egress points.

H. Structure and Site Leased Premises

As part of the design process, Contractor shall engage a land surveyor, registered in the State of

Maryland, to develop a Leased Premises exhibit that, upon acceptance by the Administration, shall

become part of the Contract. The Leased Premises exhibit shall include metes and bounds area

descriptions for the following two distinct portions of the Leased Premises:

1. Structure Leased Premises: the area around the perimeter of the Airport Hotel building

structure at an offset of ten (10) feet from the structure foundation.

2. Site Leased Premises: the remainder of the Airport Hotel site, including the following

systems and facilities associated with the operation of the Airport Hotel: surface parking,

site utilities, storm drain and stormwater management facilities, landscaping, pedestrian

connections to and from the Hourly Parking Garage and Airport Hotel, as well as access and

circulation roadways. Contractor shall design, develop, finance, construct, manage/operate

and maintain such systems and facilities.

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I. Administration’s Reservation of Rights to Site Leased Premises

Administration retains the right to enter the Site Leased Premises to make improvements deemed

necessary for the operation, improvement and/or expansion of the Airport. The improvements may

include, but are not limited to, the following:

1. Changes to the boundary configuration of the Site Leased Premises, if necessary.

2. Installation of new utility systems.

3. Changes or additions to existing utility systems.

4. New storm drain systems.

5. Changes or expansion of the storm drain system and/or the stormwater management

facilities.

6. Relocation and/or widening of airport roadways.

7. Reconfiguration of parking.

8. Construction of new roads.

9. Construction of a people mover system.

10. Modifications to existing Hourly Parking Garage or its access roadways.

11. Construction of any improvements shown on the Airport Layout Plan or any future

improvements deemed necessary to maintain or improve the Airport as deemed necessary by

Administration.

Should Administration make any improvements within the Site Leased Premises that result in

alterations to the configuration of the Site Leased Premises, the Administration will pay all costs

associated with the relocation and reconstruction of the affected Site Leased Premises as necessary

to restore the functionality of any system or facility disturbed by the improvement.

Administration will provide at least ninety (90) calendar days’ advance notice before entering the

Site Leased Premises to make improvements. In the event of an emergency, Administration reserves

the right to enter the Site Leased Premises without advance notice to repair any Administration-

owned existing utility or any new utility or conveyance that may be constructed by Administration

on or through the Site Leased Premises.

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J. Design and Approval Process

If awarded the Contract, Contractor shall be required to comply with Administration’s Design

Standards including requirements to obtain interim design approval from Administration at the

Conceptual, 30%, 60%, & 100% design stages. The Contractor shall also be required to obtain a

building permit from Administration for this project and attend coordination meetings with the

Administration and Permit Committee as needed. Requirements for obtaining a building permit are

found in the Permit Process and Information Guide (see Weblinks).

No less than six (6) months prior to the start of construction Contractor shall submit drawings for

building construction and crane(s); a stormwater management and erosion and sediment control

plan; and plans and specifications for all proposed changes to the existing roadway system to the

Administration. Contractor shall prepare and submit to the Administration an acceptable Notice of

Proposed Construction or Alteration (FAA form 7460-1) and secure a finding that yields a

“Determination of No Hazard” before Administration can issue a Building Permit to Contractor.

Administration will coordinate Contractor’s submittals to Maryland Department of the

Environment, Maryland State Highway Administration and the Federal Highway Administration as

appropriate. Pay particular attention to Contract Article XIV, Pre-Construction Period for additional

details pertaining to the post-award design and approval process.

K. Construction Phasing

Contractor shall ensure that Airport vehicle traffic is maintained at all times during Airport Hotel

construction. Administration reserves all rights to approve or disapprove proposed Airport Hotel

construction phasing to ensure continuous Airport operations.

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III. SCHEDULE, PROCESS, REGISTRATION AND SUBMISSION

A. Schedule

Administration has established the following schedule for the RFP.

1. June 8, 2015 Issuance of RFP

2. July 7, 2015 Pre-Proposal Conference and Airport Hotel Site Tour

Maryland Aviation Administration

Assembly Rooms A/B

Third Floor, Terminal Building

BWI Airport, Maryland 21240-0766

3. July 24, 2015 Deadline to Submit Written Questions via the Website

NOTE: Administration will not answer any questions

(other than questions asked verbally during the Pre-

Proposal Conference) unless submitted electronically via

email.

4. August 14, 2015 RFP addendum with Responses to Written Questions

5. September 14, 2015 Submission of Technical Proposals

6. October 27 & 28, 2015 Interviews and Presentations

7. November 13, 2015 Submission of Financial Proposals (as requested)

8. December 16, 2015 Notice of Recommended Award and Notice to Contractor

9. March 16, 2016 Board of Public Works

10. April 1, 2016 Contract Commencement Date

MAA reserves the right to adjust the schedule as necessary.

B. Process and Registration

1. Registration: REGISTRATION IS MANDATORY. Contractor is required to submit Form

No. 3 to the Administration’s Office of Commercial Management. Form No. 3 may be

emailed, faxed or mailed.

2. Website Registration: Contractor is required to register via the Airport Hotel website in

order to receive RFP documents. If Contractor fails to register via the website, Contractor

will not receive notification of addenda and other pertinent information regarding the RFP,

which will be solely released electronically. Registration information provided by

Contractor shall include the following: legal name of Contractor, name and title of

Contractor’s representative, street address, office telephone number and email address.

Website registration is not a substitute for submittal of Form No. 3.

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3. Pre-Proposal Conference: Attendance at the pre-proposal conference is not mandatory, but

all interested Contractors are strongly encouraged to attend in order to facilitate better

preparation of Proposals. The purpose of the pre-proposal conference will be to discuss the

requirements and objectives of this RFP. Administration staff will be available to answer

questions relating to the Airport Hotel. Administration requests that Contractor provides

notification of planned attendance two (2) weeks prior to the pre-proposal conference

via email ([email protected]) and/or the Website.

4. If there is a need for sign language interpretation and/or other special accommodations due

to a disability, please call 410-859-7992 or 410-850-7227 (TDD) at least five (5) calendar

days in advance of the pre-proposal conference. Administration will make reasonable efforts

to provide such accommodation(s).

Contractor may register at the pre-proposal conference. Contractor may also register via

email ([email protected]) and/or the Website. Any Contractor submitting a

Proposal in response to this RFP that is not registered with Administration, shall be

disqualified and its Proposal rejected.

5. Site Tour: Administration has scheduled a tour of the Airport Hotel site immediately

following the scheduled pre-proposal conference. Administration will escort Contractors

from the terminal building to the site. Administration will not answer questions

pertaining to the RFP during the site tour.

6. Questions: Contractor having questions or comments about this RFP and/or the Contract

(Exhibit A) shall submit them in writing via email no later than 4:00 p.m. local time on July

24, 2015.

Written questions received after 4:00 p.m. local time on July 24, 2015, will not be

answered by Administration and will not become part of the RFP process.

Administration will not answer any verbal questions other than at the pre-proposal

conference. Administration will not respond to any questions received by via telephone,

fax, email or any other means of communication from Contractors after the deadline.

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7. RFP Addenda: Any clarification, interpretation or change to the RFP and/or Contract

documents by Administration will be made by written addendum. Administration is not

responsible for any explanation, clarification, interpretation, or approval made or given in

any manner except by written addendum. If there is a difference between an answer

provided at the pre-proposal conference and a written statement in the RFP (including any

addenda issued) the RFP will govern. A copy of each addendum will be posted on the

Airport Hotel website. Any addendum so issued will be considered a part of this RFP

document.

Administration intends to issue an addendum approximately two to three (2-3) weeks after

the deadline for receipt of written questions to all registered Contractors. Included as part of

this addendum will be the questions submitted both in writing and verbally at the pre-

proposal conference; all other questions submitted in writing by the established deadline

date for written questions and the answers to those questions; a list of pre-proposal

conference attendees; the list maintained by Administration of all known registered

Contractors; and any RFP changes or clarifications.

Contractor shall acknowledge receipt of each addendum by immediately submitting Form

No. 1 via email to [email protected]. A signed copy of Form No. 1 for each

addendum shall be included in the Contractor’s Technical Proposal under Tab 25—Forms.

Failure to acknowledge receipt of an addendum does not relieve the Contractor from

complying with all terms and conditions of any such addendum.

C. Submission Requirements

One (1) signed and bound ORIGINAL Technical Proposal, twelve (12) bound copies, one (1)

unbound copy and one (1) electronic version in Microsoft compatible or PDF format on a USB

flash drive containing all Technical Proposal information shall be submitted to:

Director, Office of Commercial Management

Maryland Aviation Administration

Third Floor, Terminal Building

PO Box 8766

BWI Airport, MD 21240-0766

Note: For documents sent by courier service omit the PO Box in the above address.

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Each copy shall be identical to the original. Technical Proposal content and formatting instructions

are detailed in Section V.A of this RFP. A Technical Proposal received after 4:00 p.m. local time on

September 14, 2015 will not be considered.

Upon completion of Administration’s evaluation of the Technical Proposals and initial interviews, if

any, Administration will develop a shortlist of Contractors that will be invited to submit Financial

Proposals. Contractors shall NOT submit a Financial Proposal until invited to do so by

Administration. Upon request, one (1) unbound signed ORIGINAL Financial Proposal and one (1)

electronic version in Microsoft compatible or PDF format on a USB flash drive containing all

Financial Proposal information shall be submitted to the address above. Financial Proposal content

and formatting instructions are detailed in Section VII.B of this RFP. A Financial Proposal received

after 4:00 p.m. local time on November 13, 2015 will not be considered.

After the Administration receives the Financial Proposals, the shortlisted Contractors may be asked

to participate in an additional interview and/or submit Best and Final Offers (BAFOs). In

developing the final ranking, Technical Proposals will be given greater consideration than the

Financial Proposals, including the BAFOs. The Technical Proposal and Financial Proposal,

collectively, are referred to as the Proposal.

IV. MANDATORY QUALIFICATIONS

In order to be considered for award of the Contract, the following requirements (Mandatory

Qualifications) must be met by Contractor (including Guarantors, if any) and team members in their

respective areas. As used in this RFP “team members” shall include all entities participating in the

design, development, financing, construction, management/operation and maintenance of the

Airport Hotel. If the Contractor is a newly formed business entity or otherwise fails to meet all

Mandatory Qualifications, it shall provide to the Administration information concerning another

entity (e.g., a parent firm) together with which all Mandatory Qualifications are met. In addition,

such entity (Guarantor) shall execute a Guaranty of Performance document that shall be

substantively similar to Form No. 4 binding itself to perform the Contract, and correct selected

Contractor’s failure(s) to perform. A signed original Guaranty of Performance shall be included

under Tab No. 9 of Contractor’s Technical Proposal in the event that Contractor has elected to

provide a Guarantor.

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It is incumbent upon Contractor to submit all relevant information to ensure that the Administration

can determine whether the Mandatory Qualifications set forth in this RFP are met. Contractor shall

describe in a comprehensive manner how it meets or exceeds the Mandatory Qualifications

described below.

A. Within the past fifteen (15) years, Contractor or Guarantor (if any), or any team member must

have a minimum of ten (10) years experience in designing, developing, financing, constructing,

managing/operating and maintaining an independent or nationally branded hotel.

B. Contractor or Guarantor (if any), must currently own/control a minimum of two (2) hotel

enterprises of similar service and quality as that proposed for the Airport Hotel.

C. Contractor or Guarantor (if any), and/or its hotel operator must have a minimum of five (5)

years experience operating an independent or nationally branded hotel.

D. Contractor, including all team members and Guarantors (if any), must not be currently barred,

disqualified or suspended (including being issued a limited denial of participation) from

participating in, or bidding on government (federal, State, county or municipal) or airport

contracts or programs.

E. Contractor, including all team members and Guarantors (if any), must have and demonstrate a

strong financial capacity to support its Proposal as determined by the Administration based on

financial information submitted by the Contractor (see Section VI.B.4).

If a joint venture, partnership or limited liability company (LLC) submits a Technical Proposal the

entity holding a controlling interest in the joint venture, partnership or LLC (e.g., majority-voting

rights in company decisions) must meet all of the Mandatory Qualifications in order to be

considered for award of the Contract. If no single entity holds a controlling interest, then each entity

in a group of entities comprising a controlling interest in the joint venture, partnership or LLC must

meet all of the Mandatory Qualifications for Contractor to be considered for award of the Contract.

If Contractor fails to meet the Mandatory Qualifications contained herein, Administration will find

the Contractor’s Technical Proposal to be unacceptable, resulting in Administration’s rejection of

the Technical Proposal.

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V. TECHNICAL PROPOSAL FORMAT AND CONTENT

Contractor shall carefully examine the terms of the RFP, attachments, exhibits and addenda, and

evaluate all of the circumstances and conditions affecting its Proposal, at its own expense.

Contractor shall submit a Technical Proposal to Administration, which may elect to interview some

or all Contractors that have submitted Technical Proposals. Administration is not liable for any

costs associated with any Proposal or material submitted.

A. Technical Proposal Format

Contractor shall respond to this RFP in accordance with the format specified in this Section V to

ensure the submission of information essential to conduct a comprehensive evaluation of the

Proposal. The content may be expanded, but the format shall be adhered to.

The Technical Proposal shall contain the information outlined below, using a 12-point font on

standard 8 ½” x 11” paper, not to exceed two hundred (200) pages single sided, excluding exhibits,

in a three-ring binder, and accompanied by a transmittal letter on the Contractor’s letterhead. All

supporting documentation shall be on paper no larger than 11”x17.” The 200 page limit begins with

the Executive Summary (see Section V.B.6) but excludes Concept Design Plan pages.

B. Technical Proposal Content

Contractor’s Technical Proposal shall, at a minimum, provide the following information in the order

listed below. Contractor shall insert a set of tabs, that is, an indexed sheet that is labeled with a

number that corresponds to the tabs in the list below to identify each section of the Technical

Proposal for quick reference. (e.g., 1. Title Page, 2. Transmittal Letter). The Technical Proposal

content for each section must correspond to the information required for its tab. All tabs must be

labeled. No tabs may be omitted. Tabs do not count toward any page limits.

1. Tab 1 - Title Page: The Technical Proposal shall begin with a title page bearing the legal

name, street address and federal identification number(s) of the Contractor (including its

team members) that would be entering into a Contract with Administration, and the name

and number of this RFP. Contractor’s information shall be provided first.

2. Tab 2 - Transmittal Letter: A one page transmittal letter shall accompany the Technical

Proposal. The letter shall be signed by an individual who is authorized to contractually

obligate the Contractor to the requirements as stated in this RFP and presented in the

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Technical Proposal. In addition, it shall identify the name, title, telephone number(s),

facsimile (fax) number(s) and email address of the primary person to be contacted for

clarifications or questions regarding the Contractor’s Technical Proposal.

3. Tab 3 - Proposal Guaranty: Contractor shall submit a Proposal Guaranty as part of the

Technical Proposal submission as follows:

a. Each Contractor shall submit a Proposal Guaranty in the sum of Fifty Thousand

Dollars ($50,000.00) with its Technical Proposal to guarantee execution of a

Contract by the Contractor on the basis of the Technical Proposal submitted. In the

event that the selected Contractor fails to execute the Contract offered by

Administration on the basis of its Technical and Financial Proposals, the selected

Contractor’s Proposal Guaranty shall be forfeited. The Proposal Guaranty, at the

option of each Contractor, may be in the form of (1) an irrevocable letter of credit in

a form satisfactory to the Attorney General of Maryland and issued by a financial

institution approved by the State Treasurer (see Weblinks); or (2) in the form of a

Proposal Guaranty executed by the Contractor and by a surety meeting the

qualifications set forth in Section V.B.3.d below.

b. The proposal guaranties will be released to those Contractors not awarded a Contract

within fifteen (15) calendar days after approval of the Contract by the Secretary of

Transportation and the Board of Public Works of Maryland (BPW).

c. The Proposal Guaranty submitted by the selected Contractor shall be released upon

execution of the Contract and after receipt of the Performance Guarantee, as

referenced in Article XII, Performance Guarantee in Exhibit A of this RFP.

d. The surety, or sureties, providing the Proposal Guaranty shall be a corporate surety,

or sureties, authorized to do business in the State of Maryland by the Maryland

Insurance Administration and the Maryland Department of Assessments and

Taxation.

4. Tab 4 - Confidential Information: Contractor shall give specific attention to the

identification of those portions of its Technical Proposal that are deemed to be trade secrets

or confidential commercial or confidential financial information. Contractor shall provide

specific reasons why such materials should not be disclosed by the Administration or

MDOT upon request, under the Annotated Code of Maryland, General Provisions, Section

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401 et. seq., Maryland Public Information Act (see Weblinks). A label of “confidential” or

“not for public release” is entitled to some consideration, but is not controlling in any

determination made by the Administration. The Administration may otherwise use or

disclose the data submitted by each contractor for any purpose.

5. Tab 5 - Table of Contents

6. Tab 6 - Executive Summary (5 pages maximum): The Executive Summary shall provide an

overview of the Contractor, team members and Guarantor, if any. Contractor shall describe:

a. Its vision for the design, development, financing, construction,

management/operation and maintenance of the Airport Hotel, and

b. Its vision for the design, development, financing, construction,

management/operation and maintenance of the roadway improvements and other site

improvements; and

c. How Administration’s objectives as described in Section I.B of this RFP will be

accomplished, and

d. Its equity/financing structure for the Airport Hotel, and

e. Its equity/financing structure for the roadway improvements and other site

improvements.

7. Tab 7 - Description of Legal Entity: There are three (3) requirements under this tab. For the

purposes of this Tab 7, “Contractor” shall include Guarantor, if any.

a. Contractor and each team member, if a corporate entity, must provide the state of

incorporation and a certificate of good standing from that state. Contractor’s

information shall be provided first.

b. A statement advising whether the Contractor and each team member is a sole

proprietorship, partnership, LLC, joint venture or corporation:

i. If a sole proprietorship, state the name of the individual doing business and his or

her experience in the design, development, financing, construction,

management/operation and maintenance of hotels, including access roadways

and improvements.

ii. If a partnership, state the full name, street address and other occupation (if any)

of each and every partner; whether each partner is full time or part time; whether

each partner is a general or limited partner; each partner’s experience in the

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design, development, financing, construction, management/operation and

maintenance of hotels, including access roadways and improvements; and the

proportionate share of the business owned by each partner, and provide a copy of

the partnership agreement.

iii. If a joint venture or LLC, state the names of the firms and/or individuals

participating in the joint venture or LLC, and the principal officers in each firm

or the members of the LLC; and indicate each joint venturer’s or LLC member’s

experience in the design, development, financing, construction,

management/operation and maintenance of hotels and the proportionate share of

the business owned by each joint venture partner or LLC participant. Provide a

copy of the joint venture agreement or LLC operating agreement and articles of

organization.

iv. If a corporation, indicate in which state the corporation is incorporated, provide a

copy of the articles of incorporation, and state the full name and title of each

corporate officer and each officer’s experience in the design, development,

financing, construction, management/operation and maintenance of hotels.

c. A complete list of Contractor’s and team members’ affiliates or constituent entities.

For this purpose, affiliates or constituent entities shall mean any individual, company

(including an LLC), corporation, partnership, joint venture, estate, trust,

unincorporated association, any federal, State, county or municipal government,

bureau, department, agency, or any other entity which directly or indirectly has

equitable interests in Contractor and each team member.

8. Tab 8 - Contracts Terminated, Bankruptcy, Debarment, Taxes, Licenses and Other

Affirmations: There shall be six (6) submittal requirements under this tab. For the purposes

of this Tab 8, “Contractor” shall include Guarantor, if any.

a. Contracts Terminated: Provide the names, locations and dates of all of the

Contractor’s hotel contracts or other contracts that have been terminated, either

voluntarily or involuntarily, prior to the expiration of their terms within the past

seven (7) years, and the reasons for termination. For the same period of time, list any

judgment or any other litigation, including those that are pending, that has or could

materially affect any hotel development or other activity operated by the Contractor,

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by any entity that has a direct or indirect controlling interest in the Contractor, by

any subsidiary entity in which the Contractor has a controlling interest, or by any

other affiliate of the Contractor. If there is such litigation, the Contractor shall

provide details including name(s) of court(s) and case number(s) and description of

issues before the court.

b. Bankruptcy: Indicate whether the Contractor, its controlling owner(s), or any of its

principals, officers, directors, or managers have been involved in any bankruptcy

proceedings in the past seven (7) years, and provide information or documentation as

to the current status of any such bankruptcy. If there is such litigation, the Contractor

shall provide details including name(s) of the bankruptcy court(s) and case

number(s), and description of issues before the court.

c. Debarment, Disqualification or Suspension: Indicate if the Contractor, its controlling

owner(s), any of its principals, officers, directors, or managers and team members

have ever been debarred, suspended, or disqualified from participating under any

government programs. Contractor shall provide a fully completed and notarized

copy of the Proposal Affidavit form and Proposal Affirmation form, included as

Forms No. 5 and 6, respectively.

d. Taxes: Provide affirmation that the Contractor, any entity that has a direct or indirect

controlling interest in the Contractor, any subsidiary entity in which the Contractor

has a controlling interest or other affiliate of the Contractor, is not currently

delinquent in filing any tax returns or in payment of any taxes due to the federal

government or the State of Maryland.

e. Licenses: Provide affirmation that the Contractor is aware of the requirements of the

applicable licensing authority, or authorities, concerning licenses, certifications and

permits required to develop the Airport Hotel, and knows of no reason why such

licenses, permits, or other required approvals would be denied.

f. Insurance Requirements: Contractor shall provide an affirmative statement that the

Contractor shall obtain insurance of the types and in the amounts described in Article

XXVIII of Exhibit A of this RFP.

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9. Tab 9 - Mandatory Qualifications: Include a comprehensive description of how the

Contractor meets or exceeds the Mandatory Qualifications in Section IV of this RFP.

Include Form No. 4 in this tab.

10. Tab 10 - References: Provide a minimum of three (3) references for Contractor and for each

team member. References may be contacted by Administration and must be willing to

discuss Contractor’s participation in past hotel projects. At a minimum, the reference

information shall include the name of the company, and the name, title, street address, phone

number, fax (facsimile) number and email address of the individual giving the reference.

11. Tab 11 - Experience at Other Locations: Contractor shall provide examples of previous

projects that were delivered on schedule and are similar in scope and complexity to this

Airport Hotel development opportunity. Provide descriptions of up to ten (10) hotel

location(s) which the Contractor, its controlling owner(s), or its team members designed,

developed, financed, constructed and/or managed/operated in the past fifteen (15) years.

Include in the description the name of Contractor, its controlling owner(s) or its team

members, the name and address of the hotel, the year the hotel opened, the number of years

of operation, the number of rooms and a description of the experience of the Contractor, its

controlling owner(s) or its team members at this location (e.g., design, development,

finance, construction, management, operation). If the Contractor or its controlling owner(s)

financed the hotel project(s) then Contractor shall also describe the financing structure to

complete the hotel project(s).

12. Tab 12 - Design & Development Team: This section shall address proposed teaming or

subcontract arrangements, if any. Contractor shall provide the following:

a. The responsibilities of each team member and an organization chart illustrating the

relationship between the various team members.

b. The legal relationship, if any, between Contractor and each participating team

member.

c. A written acknowledgement from all team members confirming awareness of, and

agreement to, their participation and role on the Contractor’s team.

d. Resumes of any key individuals from each firm and the intended lead

manager/contact person for Airport Hotel Design & Development.

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13. Tab 13 - Airport Hotel Technical Design and Construction Requirements: Contractor shall

submit preliminary plans in sufficient detail to facilitate evaluation of the quality and design

of the Airport Hotel. The preliminary plans shall include:

a. Contractor’s proposed brand for the Airport Hotel including a written letter of

support from the hotel franchisor, if applicable.

b. A detailed and comprehensive written description of Contractor’s design.

Contractor’s written description shall include, but not be limited to the following:

i. Number of guest rooms and average square feet;

ii. Facilities for food and beverage services;

iii. Meeting, banquet and/or ballroom facilities, including square footage;

iv. Concierge space and services, if any;

v. Recreational facilities (e.g., pool, spa, fitness center);

vi. Additional amenities (e.g., business center, sundries shop, valet), if any;

vii. Total gross Airport Hotel building area, building height, footprint and number of

stories;

viii. Number and location of parking spaces required for the Airport Hotel,

including employee parking (See Section II.D);

ix. Level of LEED certification expected and affirmation of commitment to using

environmentally responsible technologies, if any.

x. Access to Airport Hotel for customers and deliveries.

xi. Utility requirements and connections.

14. Tab 14 - Concept Design Plan: Contractor shall provide conceptual drawings in sufficient

detail to depict the Airport Hotel. Contractor shall provide no more than twenty (20) printed

concept drawings. The Airport Hotel concept design shall be detailed in a brief architectural

narrative, as well as two dimensional plans and three dimensional (3D) renderings. The plan

shall also show the relationship of the Airport Hotel to the surrounding Airport structures,

proposed pedestrian connections, roadways and utilities. Contractor shall provide:

a. A set of conceptual floor plans including the major public areas, floors with the total

number of guest rooms per floor, sample room floor plans, meeting and restaurant

facilities plans, as well as building sections and exterior elevations to illustrate the

proposed design. Provide these on 11’’ x 17’’ paper and prepare the drawings in a

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computer-aided design file (compatible with 2012 version of AutoCAD) in Design

Web Format (DWF).

b. At a minimum, a set of at least five (5) high quality, photorealistic, 3D color

renderings of the proposed design. The 3D illustrations should accurately identify the

Airport Hotel in its setting and context, including street level and aerial views of the

structure, major entrances, exterior materials, exterior colors, streetscape and

landscape plans, entry features and signage, major interior spaces, special features,

finishes, ceilings, doors, windows and roofs. Provide these on 11’’ x 17’’ paper and

as a pdf file.

15. Tab 15 - Pedestrian, Parking, Utility and Access Roadway Plan: As described in Section II

(B, C, D, E and G), Contractor is expected to design, develop, finance, construct,

manage/operate and maintain certain site improvements for the Airport Hotel. As part of its

Technical Proposal, Contractor shall provide a description of how it plans to accomplish

these site improvements.

16. Tab 16 - Design, Construction and Pre-Opening Plan: Contractor shall submit a project

schedule in Gantt format (in calendar days) that extends from the award of the Contract

through the opening of the Airport Hotel. Contractor shall submit a schedule detailing

specific tasks that will be completed from Contract Award to final construction of the

Airport Hotel (e.g., obtaining installation and building permits, submitting designs to FAA

and Board of Airport Zoning Appeals for approval). Please refer to Exhibit A, Article XIV,

Pre-Construction Period for additional information regarding the design review process.

Contractor shall highlight major construction milestones and activities.

17. Tab 17 - Financing Plan: Contractor shall provide a financing plan which enables

Administration to evaluate Contractor’s financial strength and ability to obtain equity and

debt financing for the Airport Hotel. Contractor shall provide a plan and demonstrate its

ability to obtain both equity capital and, as required, debt financing necessary to undertake

the Airport Hotel, including the cost of capital and/or rates of return these sources are likely

to require. Contractor shall provide written equity capital and debt financing commitments

from financial institutions, partners and other resources. The proposed approach to financing

shall include the following items:

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a. Equity: Contractor shall secure for itself no less than a ten percent (10%) equity

share of total financing for a period of no less than five (5) years from the Date of

Beneficial Occupancy of the Airport Hotel. Contractor shall provide a contact

person, title of contact person, mailing and email address and telephone number for

each intended source of equity.

b. Debt: Describe the amounts, sources and timing of construction and permanent loans

to be secured for the Airport Hotel.

c. Public Incentives: Describe the amounts and timing of public incentives requested, if

any, that will be required to close any potential gap in funding (e.g., incentives

offered by Maryland Department of Economic Development).

d. Other Types of Financing: Identify and explain other proposed types of financing.

Specify the type and amount of financing.

18. Tab 18 - Financial Pro-Forma: Contractor shall provide the following financial analysis:

a. Construction cost budget: A breakdown of all hard and soft costs, such as financing

costs, pre-opening expenses and working capital, as well as the timing and amount of

all construction costs and construction loan draw-down schedule. Contractor shall

provide the requested information using a form substantively similar to the sample

provided as Form No. 7.

b. Financial projections: A five (5) year annual Pro-Forma model commencing on the

projected Date of Beneficial Occupancy of the Contract. The Pro-Forma shall project

the level of cash flow from operations before (1) debt service, (2) income taxes, and

(3) any payments to Administration. Do not include payments to Administration

in the Financial Pro-forma. Contractor shall provide the requested information

using a form substantively similar to the sample provided as Form No. 7. Inflation

shall be assumed at a rate of three percent (3%) annually. Contractor is strongly

encouraged to demonstrate reasonableness of its assumptions (e.g., occupancy level

and average daily room rate) based on the Airport Hotel’s competitive market.

19. Tab 19 - Management, Operation and Maintenance Plan: Contractor shall provide a

detailed description of how it plans to manage, operate and maintain the Airport Hotel. The

description shall include but is not limited to the following items:

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a. A detailed plan to manage, operate, maintain and staff the Airport Hotel following

the Date of Beneficial Occupancy, including a staffing schedule and estimated full

time equivalent employees.

b. Proposed management structure including local management and staffing and/or

third party management. Identify day-to-day contact person or position between the

Airport Hotel operator and Administration.

c. Replacement and maintenance program, including estimated reserves.

d. A system to manage customer and employee parking (see Section II.D), and any

additional proposed parking services (such as valet services).

e. Any proposed additional services or amenities that will enhance the customer

experience.

20. Tab 20 - Marketing Plan: Contractor shall describe its proposed marketing approach for the

Airport Hotel, including descriptions of the following:

a. Contractor’s expertise and experience in marketing to individual business travelers,

groups and meetings, leisure travelers and others.

b. Proposed reservation system for the Airport Hotel, including nationwide and

international access and yield management capabilities.

c. Strategies that can be used to attract customers to the Airport Hotel.

21. Tab 21 – ACDBE Plan: Contractor shall include information concerning its ACDBE Plan

and the ACDBEs that will participate in the Contract. Additional information regarding

ACDBE participation goal can be found in Section IX of this RFP. Contractor shall:

a. Provide to the Administration a description of the overall ACDBE Plan, including

the number of ACDBE participants and the nature of their participation, and how the

selected Contractor intends to meet and maintain the ten percent (10%) ACDBE

participation goal.

b. Provide to the Administration the business experience of each ACDBE that will

participate in the Contract. Firms included must be certified by the Maryland

Department of Transportation (MDOT) as ACDBEs with the appropriate North

American Industry Classifications System (NAICS) code.

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c. Provide to the Administration the name, street address, telephone number, fax

(facsimile) number and Federal Identification Number of each ACDBE that will

participate in the Contract.

d. Provide to the Administration a current copy of the MDOT ACDBE certification for

each ACDBE that will participate in the Contract. Note: ACDBEs must be

currently certified by MDOT with the appropriate NAICS code at the time

Contractor’s plan is submitted to the Administration. Expired MDOT

certifications or certifications from other federal, state, county or local agencies are

unacceptable.

e. Provide to the Administration two (2) written references, dated within six (6) months

of ACDBE Plan submission date, providing positive recommendations for each

ACDBE’s experience, including the work performed, the name of the entity and

name, title, business address, email address and telephone number of person

providing the reference who is most knowledgeable about the work performed.

f. Provide to the Administration and identify items being purchased or services to be

provided by each participating ACDBE.

g. Provide to the Administration a description of the legal relationship(s) to be utilized

(e.g., sublease, joint venture, partnership). If a joint venture, the joint venture

agreement and evidence of all necessary MDOT certifications must be included

under this Tab 21 of the Technical Proposal.

h. Provide to the Administration a total financial value of ACDBE management or

service subcontract(s) for each year of the first ten (10) years of the Contract after the

Date of Beneficial Occupancy; and/or projected gross revenues for ACDBEs (e.g.,

franchisees, joint venture partners).

i. Provide to the Administration a draft copy of the legal document to be executed

between the Contractor and each named ACDBE.

j. Provide the approach Contractor shall employ to help improve performance in the

event that an ACDBE is unable or unwilling to perform during the Contract term. In

the event that approach fails, describe the methods by which Contractor shall replace

that ACDBE with another ACDBE.

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22. Tab 22 - Economic Benefits to the State: Contractor shall provide a complete and detailed

written narrative description of the benefits that will accrue to the economy of the State of

Maryland as a direct or indirect result of the Contractor’s performance of the Contract

resulting from this RFP. Contractor shall not include any detail of the Financial Proposal

with this Technical Proposal. Contractor shall present information pertaining directly to the

Contractor’s operation, as well as that of any possible subcontracts, including:

a. The estimated percentage of contract dollars to be recycled into Maryland’s economy

in support of the Contract, through the use of Maryland subcontractors, suppliers and

joint venture partners. Be as specific as possible and provide a percentage breakdown

of expenditures in this category.

b. The estimated number and types of jobs for Maryland residents resulting from the

Contract. Indicate job classifications, number of employees in each classification and

the aggregate Maryland payroll percentages to which the Contractor has committed

at both prime and, if applicable, subcontract levels.

c. Tax revenues to be generated for Maryland and its political subdivisions as a result

of the Contract. Indicate tax category (sales tax, inventory taxes and estimated

personal income taxes for new employees). Provide a forecast of the total tax

revenues resulting from the Contract.

d. The estimated percentage of subcontract dollars committed to Maryland small

businesses.

23. Tab 23 - Exceptions to RFP or Contract Terms: The Contractor shall be awarded a Lease

and Concession Contract that is substantially similar to the sample Contract included as

Exhibit A, for the non-exclusive right to design, develop, finance, construct, manage/operate

and maintain the Airport Hotel. It is imperative that Contractor review the draft

Contract as it contains the legal terms and conditions of the Airport Hotel. By

submitting a Proposal in response to this RFP, Contractor, if selected for award, shall be

deemed to have accepted the terms of this RFP and both the Contract and General

Provisions (see Exhibit A and Attachment 10 to Exhibit A). Any exceptions to this RFP or

the Contract shall be clearly identified in this section. A Technical Proposal that takes

exception to the terms of the RFP and/or the Contract may be rejected.

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24. Tab 24 - Other Information: Contractor may submit any other information it deems relevant

to assist Administration in determining or understanding the Contractor’s design,

development and operational philosophy, qualifications and overall approach.

25. Tab 25 - Forms: Contractor is required to include a signed original of Form No. 1,

Acknowledgement of Receipt, Form No. 8, Non-Collusion Affidavit, and Form No. 9,

Technical Proposal Checklist under this tab in its Technical Proposal. Additionally, the

following forms shall be included under other tabs within the Technical Proposal, as

indicated:

a. Form No. 4 Guaranty of Performance (if any) (Tab 9)

b. Form No. 5 Proposal Affidavit (for each team member) (Tab 8)

c. Form No. 6 Proposal Affirmation (Tab 8)

d. Form No. 7 Financial Pro-Forma (Tab 18)

VI. REVIEW AND EVALUATION OF TECHNICAL PROPOSALS

A. Selection Panel

Proposals received after the submission deadline will be rejected. All Technical Proposals received

by the submission deadline will be evaluated by Administration’s Selection Panel (Selection Panel).

The Selection Panel may request technical assistance from any other source it deems necessary to

clarify the meaning or content of a Contractor’s Technical Proposal, or to assist in the evaluation.

B. Technical Proposal Evaluation Criteria

The evaluation criteria to be used by Selection Panel for each Technical Proposal are listed below in

descending order of importance. Contractor is encouraged to fully address each category. Please

refer to Section V of this RFP for Technical Proposal format and organization.

1. Achievement of Administration’s Objectives: See Section I.B and provide information in the

format described in Section V.B.6.b.

2. Demonstrated Experience of Contractor and its Team Members: Recent experience, current

references, demonstrated on-time project success and experience in airport hotel

development will be given greater consideration by Administration. Information to be

provided in “References” (Section V.B.10), “Experience at other Locations” (Section

V.B.11) and “Design & Development Team” (Section V.B.12).

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3. Airport Hotel Design: Airport Hotel design concepts that provide a higher level and quality

of design and improvements will be given greater consideration by Administration.

Information to be provided in “Airport Hotel Technical Design and Construction

Requirements” (Section V.B.13), “Concept Design Plan” (Section V.B.14), “Pedestrian,

Parking, Utility and Access Roadway Plan” (Section V.B.15) and “Design, Construction and

Pre-Opening Plan” (Section V.B.16).

4. Financial: Demonstrated ability of Contractor to successfully fund Airport Hotel with an

appropriate mix of equity and debt financing and the reasonableness of Contractor’s

assumptions in developing financial pro-formas will be given greater consideration by

Administration. Information to be provided in “Financing Plan” (Section V.B.17) and

“Financial Pro-Forma” (Section V.B.18).

5. Operational Plans: Higher levels of services and amenities will be given greater

consideration by Administration. Information to be provided in “Management, Operation

and Maintenance Plan” (Section V.B.19) and “Marketing Plan” (Section V.B.20) and

“ACDBE Plan” (Section V.B.21).

6. Economic Benefits to the State of Maryland: Information to be provided in “Economic

Benefits to State” (Section V.B.22).

C. Initial Review for Responsiveness

Technical Proposals will be reviewed for Contractor responsiveness to the RFP requirements,

including, but not limited to, Mandatory Qualifications. Before commencement of the proposal

evaluation process, the Selection Panel may review each Technical Proposal package for

compliance with the submission guidelines of this RFP. The Selection Panel may classify the

Technical Proposals as either reasonably susceptible of being selected for award or not reasonably

susceptible of being selected for award. A Contractor whose Technical Proposal is classified as not

reasonably susceptible for award will be so notified in writing by Administration.

D. Proposal Evaluation Process

If Contractor’s Technical Proposal is determined to be reasonably susceptible for award, the

Technical Proposal will be evaluated by the Selection Panel using the Technical Evaluation Criteria

set forth in Section VI.B.

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E. Clarifications/Discussions

Administration reserves the right to accept or reject any and all Technical Proposals, in whole or in

part, received in response to this RFP, and to waive or to permit cure of minor irregularities, and to

conduct discussions with any qualified or potentially qualified Contractor in any manner necessary

to serve the best interests of Administration. Administration reserves the right to make an award

without holding discussions. Administration may determine Contractor not responsible and/or not

reasonably susceptible for award at any time after the deadline for receipt of Technical Proposals

and the review of those Technical Proposals.

F. Short-listing and Interviews

The Selection Panel will review and rank Technical Proposals that have been preliminarily deemed

reasonably susceptible for award according to the evaluation criteria in this RFP, and will develop a

shortlist of Contractors that may be invited for interviews and presentations to the Selection Panel.

Notice of the date, time and place of its interview will be sent to Contractor. An agenda and a list of

questions to be addressed at the interview may be enclosed with the notice. Representations made

by Contractor during an interview that were not part of the written Technical Proposal shall be

submitted in writing to Administration. All such representations will become part of Contractor’s

Proposal and are binding if the Contract is awarded to Contractor.

VII. FINANCIAL PROPOSALS

Certain Contractors, as determined by Administration, will be invited to submit Financial Proposals.

A Financial Proposal received after 4:00 p.m. local time on November 13, 2015 will not be

considered. Any Contractor’s Financial Proposal that does not adhere to the requirements, that

alters Form No. 10 or that is not submitted in the format specified may be deemed unacceptable.

A. Minimum Monthly Guarantee

The Minimum Monthly Guarantee (MMG) for lease payments under this Contract shall be Thirty-

Three Thousand, Three Hundred Thirty-Three Dollars (US$33,333.00) for Contract Year One,

effective as of the Date of Beneficial Occupancy. For Contract Year Two, and on an annual basis

thereafter, Administration will revise the MMG to the greater of 1) Eighty-Five Percent (85%) of

the previous year’s average monthly payment to Administration or 2) Thirty-Three Thousand,

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Three Hundred Thirty-Three Dollars (US$33,333.00). On Form No. 10, Contractor is required to

submit its proposed percentage of annual gross revenue for each year of the Contract.

B. Financial Proposal Content and Format

Contractors, if invited to submit a Financial Proposal, shall submit a Financial Proposal in the

format specified below:

1. Title Page: The Financial Proposal shall begin with a title page bearing the exact and full

legal name and the street address of the Contractor that will enter into a Contract with

Administration and the name and number of the RFP.

2. Transmittal Letter: A one page transmittal letter shall accompany the Financial Proposal.

This letter shall be signed by an individual who is authorized to contractually obligate the

Contractor to the services and requirements as stated in this RFP, as follows:

a. As an individual: sign with full name and street address;

b. As a partnership: partners shall sign with full names and business addresses;

c. As a corporation: an officer of the corporation shall sign with full name and title and

shall include the name and street address of the corporation. The corporate secretary

shall attest. The corporate seal shall be affixed near the signature; or

d. As an LLC: a member of the LLC shall sign with full name and title and shall

include the name and street address of the LLC.

3. Form No. 10 Financial Proposal

4. Form No. 1: If addenda are issued related to the Financial Proposal, Contractor shall submit

an Acknowledgement of Receipt for each addendum using Form No. 1.

VIII. REVIEW OF FINANCIAL PROPOSALS, BEST AND FINAL OFFERS AND AWARD

A. Review of Financial Proposals

Financial Proposals will be reviewed and ranked from highest to lowest by the Selection Panel.

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B. Best and Final Offers

Upon completion of the evaluation of the Proposals, the Selection Panel will determine whether the

submission of “Best and Final Offers” (BAFOs) is in the best interest of Administration. If BAFOs

are determined to be warranted, the Selection Panel will establish procedures and schedules for the

submission of BAFOs. The Selection Panel may require one or more BAFO submissions. If a

Contractor does not submit a BAFO or a notice of withdrawal in response to Administration’s

request for BAFOs, the Contractor’s previous offer is considered its BAFO. Any BAFOs required

by the Selection Panel will be subject to evaluation using the same technical and financial

evaluation criteria outlined herein.

C. Final Evaluation and Recommendation for Award

In developing the final ranking, the Technical Proposal evaluation will be given greater

consideration than the Financial Proposal review. Following the evaluation of BAFOs, if any, and

discussions or negotiations, if any, with qualified Contractors, the Selection Panel will compile the

results of both the Technical Proposal evaluation and the Financial Proposal review into a final

ranking. Based on the final ranking, the Selection Panel will make a recommendation to

Administration’s Chief Executive Officer for award of a Contract to the Contractor whose Proposal

is determined to be the most advantageous to Administration.

D. Award

Upon the Chief Executive Officer’s concurrence with the Selection Panel’s recommended award,

each Contractor will be notified in writing of its selection or non-selection and may request, in

writing, an opportunity for a debriefing by the Contracting Officer to discuss the strengths and

weaknesses of its Proposal.

Administration will provide a notice of intent to award to the Contractor that meets the criteria

established in the RFP and that submits to the Administration the Proposal which best addresses the

Administration’s objectives.

Along with the notice of intent to award the Contract, Administration will provide the selected

Contractor with four (4) copies of the Contract and associated Contract Affidavit (Exhibit B).

Contractor shall fully execute and deliver to Administration three (3) signed copies each of the

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Contract and Contract Affidavit within sixty (60) calendar days of their receipt unless otherwise

approved by Administration. Failure to execute the Contract within the specified time frame may

result in Administration revoking the Contract offered, and the forfeiture of the Contractor’s

proposal guaranty bond.

By executing the Contract, the selected Contractor represents that it has carefully examined and is

familiar with the site(s) on which any portion of the Contract is to be performed as well as all

performance requirements. Contractor represents and acknowledges that it has made such

examinations and has investigated and is satisfied as to the conditions to be encountered, the

character, quantity, quality and scope of the Contract, services to be provided and the requirement

for performance of the Contract in full.

No information derived from inspection of Administration records or reports of investigation

concerning the Contract will in any way relieve Contractor from its responsibility or from properly

performing its obligations under the Contract.

E. Contingent Approval

The legal effectiveness of any Contract is subject to and contingent upon approval of Contractor’s

Airport security background investigation, if required, and approval of the FAA, the Secretary of

MDOT and the BPW. The Contract shall be construed to bind Contractor and Administration in

accordance with the constitution and laws of the State of Maryland.

After all necessary approvals are obtained, a written Notice to Proceed will be issued to Contractor

to commence Contract services in accordance with the date(s) set forth in the Contract.

F. Financial Liability of Administration and Contractor

Administration and Contractor are not and shall not be considered as co-venturers, partners, or

agents of each other and neither shall have the power to bind or obligate the other. There shall be

no liability on the part of Administration to any person for any debts incurred by the Contractor or

any business conducted on or off the Airport in connection with the operations of the Airport Hotel.

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IX. AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE PLAN

The Administration has established a ten percent (10%) ACDBE participation goal for the

Operational Period of the Contract in accordance with federal regulations. “ACDBE” means a

business entity, whether a sole proprietorship, partnership, or corporation of which at least fifty-one

percent (51%) of the interest is owned and controlled by a “socially and economically

disadvantaged individual” as such term is defined in the Airport and Airways Improvement Act of

1982, as amended, and the regulations promulgated pursuant thereto at 49 C.F.R. Part 23, ACDBEs

shall meet the experience and economic guidelines set forth in 49 C.F.R. Part 23 and be certified by

MDOT in the appropriate NAICS code for the type of goods and services to be provided.

Individuals who are rebuttably presumed to be socially and economically disadvantaged include

women, African-Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, and

Asian-Indian Americans.

Contractor shall provide its ACDBE Plan to Administration under Tab 21 of the Technical

Proposal, as described in Section V.B.21 of this RFP. In the event that an ACDBE identified in

Contractor’s Technical Proposal is unable to perform successfully, Contractor shall replace it with

another ACDBE and submit an updated ACDBE Plan to Administration’s Office of Fair Practices

for written approval, pursuant to Article XXXII of Exhibit A.

A. Failure to Achieve ACDBE Participation Goal

If for any reason Contractor is unable to structure the contract requirements/work in its Technical

Proposal with ten percent (10%) ACDBE participation, Contractor may request in writing a waiver

to the goal under Tab 21 of the Technical Proposal. Contractor is required to justify a waiver

request with sufficient written documentation of its good faith efforts to achieve the ACDBE

participation goal. The following is a list of efforts to be documented for consideration as a part of

Contractor’s good faith efforts to meet the ACDBE participation goal and submitted with a waiver

request, if necessary:

1. Soliciting through all reasonable and available means (e.g., attendance at pre-proposal

meetings, advertising and/or written notices) the interest of MDOT certified ACDBEs who

have the capability to perform the work of the contract.

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2. Selecting portions of the Contract to be performed by MDOT certified ACDBEs in order to

increase the likelihood that the goal will be achieved.

3. Providing interested ACDBEs with adequate information about the requirements of the

Contract in a timely manner to assist them in responding to the RFP.

4. Following up initial solicitations of interest by contacting prospective ACDBEs to determine

if they are interested. Contractors shall provide the names, street addresses, dates and

telephone numbers of the prospective ACDBEs contacted.

5. Effectively using the services of available minority/women community organizations; local,

State and federal minority/women/disadvantaged business enterprise assistance offices;

minority/women contractors’ groups; and other organizations as appropriate to obtain

assistance in identifying ACDBEs.

6. Making efforts to assist interested ACDBEs in obtaining bonding, lines of credit, insurance,

equipment, supplies, materials, or other related assistance or services as needed/appropriate.

7. Negotiating in good faith with interested ACDBEs and not rejecting them as being

unqualified without sound reasons based on a thorough investigation of their capabilities.

Evidence of such negotiations include the names, street addresses and telephone numbers of

ACDBEs that were considered, a description of the information provided regarding the work

and evidence as to why agreements could not be reached for ACDBEs to perform the work.

B. Use of Subcontractors to Achieve ACDBE Participation Goal

Executed agreements with MDOT-certified ACDBE subcontractors, if proposed as a method to

meet the ACDBE participation goal, shall be submitted for approval to the Administration prior to

award of the Contract. Any Contractor which elects to meet the ACDBE goal through joint

ventures with MDOT-certified ACDBEs shall submit to the Administration the joint venture

agreements, and evidence of all necessary MDOT certifications as part of its Technical Proposal.

An ACDBE joint venture partner must demonstrate that it is independently responsible for at least

ten percent (10%) of the clearly defined work and that it shares in the ownership, control,

management responsibilities, risks and profits of the joint venture.

X. GENERAL REQUIREMENTS

The General Requirements section contains specific information about the process and conditions

under which this RFP is issued, and conditions concerning how the project will be completed.

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A. Use of Electronic Versions of This RFP

This RFP will be available for download from the Website. The Contractor acknowledges and

accepts full responsibility to ensure no changes are made to downloaded files. In the event of

conflict between a version of the RFP in the Contractor’s possession and the version maintained by

Administration, the version maintained by Administration will govern.

B. Disqualification

Proposals may be disqualified by Administration in the event of any of the following occurrences:

1. Submission of more than one (1) Proposal from an entity under the same or different

name(s). An entity may submit a Proposal as a Contractor and also appear in the Proposal of

another Contractor as a potential development team member. An entity may be set forth as a

designated subcontractor to more than one (1) Contractor responding to the project

advertisement;

2. Evidence of collusion among Contractors. In its Technical Proposal, Contractor shall submit

a completed and notarized Form No. 8, Non-Collusion Affidavit under Tab 25—Forms;

3. Contractor is, or has been, in default or arrears under any previous or existing Contract with

Administration or the State;

4. Existence of any outstanding claims with Administration or the State;

5. Contractor or any team members is currently barred or suspended from participating in or

bidding on government or Airport contracts or programs;

6. Contractor has not met the Mandatory Qualifications set forth in Section IV of this RFP;

7. There is a finding by Administration of a material misstatement or omission by Contractor

in any part of its Technical or Financial Proposal.

C. Rights of Administration

Without limiting any other provision of this RFP, Administration reserves the right, at any time

prior to execution of a Contract with the Contractor, to exercise all or any of the following rights

and options as it deems to be in its best interests:

1. To postpone the submittal due date;

2. To request additional or supplemental information from Contractor;

3. To accept or reject any or all Proposals submitted in response to this RFP;

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4. To waive any informality, defect, or deviation from this RFP that is not, in Administration’s

sole judgment, material to the Proposal;

5. To re-issue this RFP with or without change or modification;

6. To issue a subsequent RFP for this opportunity with terms and conditions that are

substantially different from the terms and conditions set forth in this RFP;

7. To cancel this RFP with or without issuing another RFP;

8. To reject the Proposal of a Contractor that, in Administration’s sole judgment, is not a

responsible Contractor;

9. To conduct such investigations as Administration considers appropriate with respect to the

qualifications of any Contractor and/or any information contained in any Proposal;

10. To request clarifications of any Proposal; and

11. Not to enter into a Contract pursuant to this RFP.

The Contract to be offered will be in substantially the same form presented in Exhibit A to this RFP.

There will be a maximum allowable negotiations period of ninety (90) calendar days following

commencement of any negotiations to reach an agreement to Contract terms. Thereafter,

Administration reserves the right to cease negotiations and to enter negotiations with another

Contractor. Therefore, if there are any issues with the Contract, they shall be raised during the

question period after issuance of the RFP. If the selected Contractor fails to reach an agreement with

Administration during the negotiation period, then its proposal guarantee will be forfeited.

D. Duration of Offer

Proposals submitted in response to this RFP are irrevocable for one hundred eighty (180) calendar

days following the closing date of Proposals or receipt of BAFOs, if BAFOs are requested. This

period may be extended at Administration’s request with a Contractor’s written agreement,

provided however, that the irrevocability period will be automatically extended while any challenge

pertaining to this RFP is pending.

E. Modification or Withdrawal of Proposal

Proposals may be modified or withdrawn by Contractor via written notice received in the office

designated in Section III.C before the deadline for receipt of Proposals.

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F. Discussions

Administration reserves the right to waive or permit cure of minor irregularities and to conduct

discussions with any qualified or potentially qualified Contractor in any manner necessary to serve

the best interests of Administration. Administration also reserves the right, in its sole discretion, to

award a Contract based upon the written Proposals received without prior discussions or

negotiations.

G. Incurred Expenses

Administration will not be responsible for any costs incurred by a Contractor in preparing and

submitting a Proposal, in making an oral presentation, in providing a demonstration, or in

performing any other activities relative to this solicitation.

H. Economy of Preparation

Proposals shall be prepared simply and economically, providing a straightforward, concise

description of the Contractor's Proposal to meet the requirements of this RFP.

I. Ownership of Proposals

All documents submitted in response to this RFP shall become the property of Administration and

the State.

J. Public Information Act Notice

Contractor shall specifically identify those portions of its Proposal that it considers confidential,

proprietary, commercial and/or financial information or trade secrets, and provide sufficient

justification why such materials, upon request, shall not be disclosed by the Administration under

the General Provisions Article, § 4-101 et seq. Annotated Code of Maryland (Public Information

Act).

Information which is claimed to be confidential shall be clearly labeled as such and listed in

Tab 4 – Confidential Information in the Contractor’s Technical Proposal, immediately before

the Table of Contents. Contractor is advised that, upon receiving a request for this information

from a third party, Administration will make an independent determination whether the information

can be disclosed.

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K. Verification of Registration and Tax Payment

Before a Contractor can do business in the State of Maryland, it must be registered with the

Department of Assessments and Taxation, State Office Building, Room 803, 301 West Preston

Street, Baltimore, Maryland 21201. It is strongly recommended that any potential Contractor

complete registration prior to the due date for receipt of Proposals. A Contractor’s failure to

complete registration with the Department of Assessments and Taxation may disqualify a

Contractor from further consideration and recommendation for Contract Award.

L. Arrearages

By submitting a response to this solicitation, each Contractor represents that it is not in arrears in

the payment of any obligations due and owing to federal, State and local governments, including the

payment of taxes and employee benefits, and that it shall not become in arrears during the term of

the Contract if selected for Contract Award.

M. Contractor Qualifications

The Selection Panel may make such investigations as necessary to determine the ability of the

Contractor to adhere to the requirements specified in this RFP. Administration will reject the

Proposal of any Contractor deemed not a responsible Contractor.

N. Contract Affidavit

Contractor is advised that if a Contract is awarded as a result of this solicitation, Contractor shall be

required to complete a Contract Affidavit. A copy of this Affidavit is included for informational

purposes as Exhibit B of this RFP.

____________________________

Paul J. Wiedefeld, A.A.E.

Executive Director/CEO

Maryland Aviation Administration