FORT WAYNE-ALLEN COUNTY AIRPORT AUTHORITY
FORT WAYNE INTERNATIONAL AIRPORT
INVITATION FOR BIDS (IFB)
For
RENTAL CAR CONCESSIONS
TENTATIVE SCHEDULE
Issue IFB – post on FWACAA website
July 6, 2017
Non-Mandatory Pre-Bid Meeting at 11:00 a.m. Eastern Daylight Time at Fort Wayne International Airport, Suite 209
July 18, 2017
Submittal of Written Questions Due Date at 5:00 p.m. Eastern Daylight Time
July 245, 2017
Issue Addendum – if needed – posted on FWACAA website
July 31 , 2017
Bid Due Date and Public Opening at 2:00 p.m. Eastern Daylight Time
August 17, 2017
Conclusion of Bid Evaluation September 8, 2017
Agreement Award Recommendations to FWACAA Board of Directors
Directors
September 18, 2012
If Awarded Bid, Bidder Signs Agreement and it is received by FWACAA before 5:00 p.m. Eastern Daylight Time
October 1, 2017
Commencement of Agreement December 1, 2017
All dates are subject to change. FWACAA is not responsible for cost or losses incurred by any Bidder due to date changes.
Responses to this IFB must be submitted by 2:00 p.m. Eastern Daylight Time on August 17, 2017. Bids received after 2:00 p.m. Eastern Daylight Time will not be
considered. Bids must be delivered to:
Attn: Purchasing Manager Fort Wayne-Allen County Airport Authority 3801 W. Ferguson Road, Suite 209 Fort Wayne, IN 46809
Bidder must submit one (1) original bid in a sealed envelope labeled on the outside: "BID, Rental Car Concessions." The sealed envelope should also list the name of the Bidder on the outside of the envelope. The bid must be complete and include all of the information requested under the "Bid Submittal" (See Section III.A).
DEADLINE FOR WRITTEN QUESTIONS
Questions regarding this IFB should be submitted in writing to Laura Hakes via FAX 260-747-1762 or e-mail at [email protected] no later than July 254, 2017 by 5:00 p.m. Eastern Daylight Time.
CONTACT PERSON
For more information or an alternate format of this IFB, please contact Laura Hakes at 260-446-3430 or [email protected].
Contents
I. INTRODUCTION ................................................................................................................................. 55
II. GENERAL CONDITIONS ..................................................................................................................... 55
A. General Description ..................................................................................................................... 55
B. Minimum Bidder Qualifications .................................................................................................. 55
C. Business Terms ............................................................................................................................ 55
D. Space Assignments .......................................................................................................................... 6
E. General Information ........................................................................................................................ 6
III.BID REQUIREMENTS .......................................................................................................................... 77
A. Bid Submittal ................................................................................................................................ 77
B. Non-Mandatory Pre-Bid Meeting ................................................................................................. 88
C. Bid Withdrawal ............................................................................................................................ 98
IV. AWARD OF AGREEMENT .................................................................................................................. 99
A. Basis for Award of Agreement ...................................................................................................... 99
B. Time of Award .......................................................................................................................... 1010
C. Rejection or Acceptance of Bids ................................................................................................ 1010
D. Right to Investigate................................................................................................................... 1010
E. Causes for Disqualification ....................................................................................................... 1010
V. GENERAL INFORMATION .............................................................................................................. 1111
A. Representations and Warranties .............................................................................................. 1111
B. Confidentiality ......................................................................................................................... 1111
C. Multiple Bids Prohibited ........................................................................................................... 1111
D. Conflict of Interest ................................................................................................................... 1111
E. Bidder's Responsibilities ........................................................................................................... 1111
F. Bidder's Cost of Bid Preparation ............................................................................................... 1212
G. Execution of Agreement/Failure to Execute Agreement ........................................................... 1212
H. FWACAA's Reservation of Rights .............................................................................................. 1212
I. Public Accommodation Laws .................................................................................................... 1212
J. Explanations ......................................................................................................................... 1212
K. Anti-Lobbying Provision ........................................................................................................... 1313
ATTACHMENT “B” ............................................................................................................................. 1717
ATTACHMENT “C” ............................................................................................................................. 1818
ATTACHMENT “D” ............................................................................................................................. 1919
ATTACHMENT “E” .............................................................................................................................. 2020
FORM 2: LETTER OF INTENT ........................................................................................................... 2121
ATTACHMENT "F". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
EXHIBIT 1 ........................................................................................................................................... 2525
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Fort Wayne-Allen County Airport Authority
Rental Car Terminal Concession Invitation for Bids (IFB)
I. INTRODUCTION
The Fort Wayne-Allen County Airport Authority (“FWACAA”) manages and operates the
Fort Wayne International Airport (“Airport”). FWACAA is inviting bids for rental car
concessions (“Operators”) at the Airport from interested parties that meet the minimum
qualifications for Operators set forth in this IFB. This IFB and additional information
regarding FWACAA and the Airport can be found at www.fwairport.com.
II. GENERAL CONDITIONS
A. General Description
It is the intent of FWACAA to award up to five (5) rental car counter spaces in the terminal
for the privilege of providing full service on-airport rental car services at the Airport.
The goal of the rental car concession is to provide professionally and efficiently operated
services to adequately meet the traveling public's demand for rental car services at the
Airport while realizing for the FWACAA maximum annual operating revenue through the
Lease and Concession Agreements.
The Lease and Concession Agreements to be awarded pursuant to this IFB will be non-
exclusive in that FWACAA will be awarding multiple agreements and will continue to have
the right to provide parking, and other such privileges to other rental car companies.
Additionally, these Lease and Concession Agreements do not limit in any way FWACAA’s
ability at its sole discretion at any time to enter into off-airport rental car agreements.
B. Minimum Bidder Qualifications
Bidder must be licensed to do business in the State of Indiana and operate a rental car company. A certificate of Authority or a Certificate of Existence by the Secretary of State of Indiana can be used as proof of authority to do business in Indiana. Such proof shall be provided by each successful Bidder when the signed Agreement is submitted to FWACAA.
C. Business Terms
1. Agreement
The draft Agreement is provided as Exhibit 1. Bidder is advised to read
the Agreement carefully. NOTE: a final Agreement will be provided by
FWACAA to all Bidders after all comments are reviewed and assessed. The final
Agreement provided shall be substantially the same for all successful Bidders.
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2. Term – The Agreement term will be five (5) years commencing December 1, 2017 and ending November 30, 2022.
3. Minimum Annual Guaranteed Privilege Fee - Operators will pay to FWACAA the
greater of (i) the minimum annual guaranteed privilege fee (“MAG”) or (ii)
ten percent (10%) of annual gross revenues as defined in the Agreement.
The proposed MAG for the initial year shall not be less than Seventy-Five-
Thousand Dollars ($75,000). Subsequent years’ MAG shall be calculated as
specified in the Lease. 4. Space Rent – Space rent for each year of the Agreement will be charged as
follows: Exclusive Ticket Counter/Back Office (384 sf) $ 39.91/sq. ft. Ready/Return Stalls N/A each
D. Space Assignments
1. Counters –
a. Each counter space may consist of up to two (2) brands. Dual branding,
i.e. operating under more than one (1) brand or trade name under the
same Agreement, will not be permitted unless dual branding is specified
in the Operator’s Bid.
b. Existing Operators awarded a bid shall maintain their current counter
space. The priority for choice of the available counter(s) for the term
of the Agreement for any bidder not currently in the terminal will be
based on the total of the MAG for the firstfive (5) years of the
Agreement by the new Bidders.
1. 2. Ready/Return Allocation – The number of ready/return spaces allocated to
Operators for the first year of the Agreement will be based on the percentage of
each Operator's MAG for the first year of the Agreement to the total of all MAGs for
the first year of all Operators. Thereafter spaces will be allocated by market share
as described in the Agreement. FWACAA may "round off" allocation so that each
Operator is allocated complete, rather than partial, parking spaces. There are
currently 228 parking spaces in the ready/return lot. The location of the ready/return spaces for the first year of the Agreement will by assigned by the FWACAA with preference of location by row(s) given to the Operators based on their first year MAG (with the highest MAG being first preference.)
E. General Information
1. Current rental car companies - Avis Budget Group, Inc; Enterprise Rent-A
Car; Midwest Car Corporation d.b.a. Alamo Rent-A-Car and National Car
Rental; The Hertz Corporation; and Dollar/Thrifty Automotive Group, Inc. are
the Airport's current on-airport rental car concession providers.
2. Passenger Traffic - Fort Wayne International Airport passenger
enplanements and deplanements:
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Year Enplanements Deplanements
2013
298,661
324,151
2014 294,282 319,736
2015 359,051 356,856
2016 365,884 362,012
The above referenced figures are furnished for informational purposes only. FWACAA does not guarantee the correctness of the figures, and is not responsible
to any Bidder that uses or relies on such figures in calculations for its bid.
3. Space Layouts – The floor plan showing the rental car terminal spaces and
the ready/return spaces are attached hereto as Attachment “A”.
III. BID REQUIREMENTS
A. Bid Submittal
Bids must be submitted on time. If a Bidder fails to provide the required
documentation, the bid may be rejected. In the event of any conflict between any of
the bid documents, resolution thereof shall be in FWACAA's sole discretion.
The bid packet shall include:
1. Cover letter
2. Non-Col lus ion Af f idav i t (ATTACHMENT “B”)
3. Min i mum Annua l Gua ran tee Pr i v i l ege Fee (MAG) (ATTACHMENT “C”) – a MAG must be presented for each the initial yearof the five (5) years of the Agreement.
4. Brand or trade names and company information (ATTACHMENT “D” )
5. A i r p o r t C o n c e s s i o n D i s a d v a n t a g e d B u s i n e s s En t e r p r i s e ( AC D B E) P r o g r a m Pa r t i c i p a t i o n Fo r m ( A TTACHMENT “E”) -
The requirements of 49 CFR Part 23, regulations of the U.S. Department of
Transportation, apply to this concession. It is the policy of FWACAA to
practice nondiscrimination based on race, color, sex, or national origin in
the award or performance of this contract. All firms qualifying under this
solicitation are encouraged to submit bids. Award of this concession will be
conditioned upon satisfying the requirements of this bid specification.
These requirements apply to all concessions firms and suppliers, including
those who qualify as an ACDBE. An ACDBE concession specific goal of one
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(1%) percent of annual gross receipts and goods/services (excluding fleet)
has been established for this concession during FFY 2017 to FFY 2019
(October 1, 2016, to September 30, 2019) Goals for the remainder of the
contract period will be submitted in our next 3-year plan submission to the
Federal Aviation Administration due October 1, 2019. The FFY 2020-2022
program will be made available to concessionaires for comment prior to
submission to the FAA. The concession firm shall make good faith efforts, as
defined in Appendix A, 49 CFR Part 26 (Attachment “F”), to meet the
concession specific goal for ACDBE participation in the performance of this
concession.
a. Each Bidder is required to submit Attachment “E” Form 1 with its
bid. Bidder shall submit prior to bid award (September 18,
2017)Attachment “E”, Form 2, Letter of Intent : (1) the names and
addresses of ACDBE firms and suppliers that will participate in the
concession, (2) A description of the work that each ACDBE will
perform; (3) The dollar amount of the participation of each ACDBE
firm participating; (4) Written and signed documentation of
commitment to use a ACDBE whose participation it submits to meet
a contract goal; (5) Written and signed confirmation from the ACDBE
that it is participating in the concession as provided in the prime
concessionaire’s commitment; and (6) If the contract goal is not
met, evidence of good faith efforts (Attachment “F”).
b. The Indiana Department of Transportation serves as the certifying
agency for the Unified Certification Program (UCP) in the State of
Indiana. All firms participating as an ACDBE under this agreement
must be certified by the UCP prior to commencement of their
participation Agreement. Firms currently certified as ACDBEs are listed
on its website at http://www.in.gov/indot/2674.htm . Businesses
interested in obtaining certification may contact Derrick Casson,
Certification Manager at (317) 232-4664 or obtain information at that
website.
B. Non-Mandatory Pre-Bid Meeting
Bidder is invited to attend a non-mandatory pre-bid meeting on July 18, 2017 at 11:00 a.m. Eastern Daylight Time. Airport representatives will be available during the meeting to answer questions. There will also be an opportunity to visit the site. The meeting will be held:
F o r t Way n e I n t e r n a t i o n a l A i r p o r t
B o a r d R oom
3 8 0 1 W . F e r gu s o n R oad
F o r t Way n e , I n d i an a 4 6 8 0 9
A t t e n dan ce i s n o t a r e qu i r em en t . B i d s f r om B i d de r s w h o do n o t a t t e n d t h e p r e - b i d m ee t i n g w i l l b e a c c ep t ed . A r r an gem en t s c a n b e m a de t o p a r t i c i p a t e b y c a l l - i n b y c on t a c t i n g L au r a Hak e s a t t h e e a r l i e r p r o v i d ed c on t a c t i n f o rm a t i o n .
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C. Bid Withdrawal
Bids may be withdrawn by requesting such withdrawal in writing at any time prior to
2:00 p.m. Eastern Daylight Time August 17, 2017. After such date and time,
bids shall be binding without modification or amendment.
This will not preclude the withdrawal of one bid and subsequent submission of
another bid by such Bidder prior to this time. After the scheduled time for opening, no
Bidder will be permitted to withdraw its bid.
IV. AWARD OF AGREEMENT
A. Basis for Agreement Award
In order to evaluate each Bidder's qualifications, each Bidder will submit the
information identified in Section III.A. Bids received from firms that are deemed by
FWACAA to be qualified will be ranked by highest year onetotal aggregate MAG for
the five (5) years of the Agreement.
The primary criterion for selection of successful qualified Bidders will be the amount
of the year onetotal MAG. If two (2) or more qualified Bidders submit bids with
identical total MAGs and the circumstances are such that FWACAA intends to award a
concession to fewer than all of such Bidders, the FWACAA Board choice shall make
the final determination by using past experience or other criteria that they determine
relevantbe made by drawing lots.
Although it is the intent of FWACAA to award leases for the occupancy of up to five
(5) in-terminal counter positions, the award for less than five (5) counter positions
will not invalidate the process nor lessen the obligations of the successful Bidders to
execute the Agreement. In such event, FWACAA will have the right to take
whatever action it deems necessary or desirable under the circumstance to further
the best interest of FWACAA.
Additionally, if not all five (5) counter positions are awarded to successful Bidders or if
at any time during the term of the Agreement there is a vacancy of any of these
designated counter spaces, FWACAA reserves the right to use that vacant/vacated
space(s) for any purpose including but not limited to offering it to another rental car
company(s).
If FWACAA offers a vacant counter position(s) to another rental car company(s), such
company(s) shall be required to meet or exceed the then current lowest MAG as well
as agree to the same Agreement terms then currently in place for all rental car
companies and the terms and conditions of this Invitation to Bid. Upon acceptance of
the new entrant’s bid by FWACAA, the ready return spaces will be re-allocated
between all of the rental car companies (then existing and the new entrant). The then
current market shares of the current rental car companies will be used to determine
each rental car company’s space allotment. To determine the market share for the
new entrant(s), the new entrant’s market share shall be calculated as ten percent
(10%) less than the lowest of the then current market share of the current rental car
companies.
Formatted: Indent: Left: 0.75", Space Before: 14.4 pt,Line spacing: single
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B. Time of Award
It is the intent of FWACAA to make an award or rejection of bids within forty (40) days
following the receipt of bids, or as soon as reasonably practicable thereafter.
C. Rejection or Acceptance of Bids
The requirements of this bid package are for the benefit and protection of FWACAA;
therefore, the right is reserved by FWACAA to waive any irregularities in the
completion of the forms enclosed in this IFB; to accept or reject any or all bids; and
to re-advertise for bids which will provide the best service to FWACAA. Any form
submitted which is incomplete, conditional, obscure, or which contains additions not
called for, or irregularities of any kind, may be cause for rejection of the bid. Failure
to provide the required ACDBE documentation may cause the bid to be rejected. In
the event of a default of any of the successful Bidders or his/her refusal to enter into
an Agreement with FWACAA, FWACAA reserves the right to accept the bid of the next
qualified Bidder.
D. Right to Investigate
FWACAA may obtain information on past performance of any previous or existing
Agreements held by Bidder. FWACAA's determination as to whether the Bidder is
qualified and responsible will be based on the Bidder’s prior agreements with FWACAA,
the information furnished by the Bidder in the bid requirements, as well as from
other sources determined to be valid by FWACAA. Award will not be made until after
such investigations, as are deemed necessary, are made by FWACAA regarding the
experience and financial responsibility of the Bidder, which each Bidder agrees to
permit by submitting its bid.
E. Causes for Disqualification
Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following, among others, may be considered sufficient for the disqualification of a Bidder and the rejection of the bid:
1. Evidence of collusion among Bidders;
2. Incomplete submittal of "Bid Submittal" as outlined in Section III.A. above;
3. Lack of business skills or financial resources necessary to operate this
business successfully, as determined in FWACAA's sole discretion through
review of reference checks or Bidder’s past history with FWACAA;
4. Bidder is in arrears or in default, as surety or otherwise, upon any obligation to
FWACAA, or has failed to faithfully perform any previous agreement with
FWACAA, in FWACAA's sole determination;
5. Evidence of prohibited lobbying efforts toward FWACAA staff, FWACAA
Officers, FWACAA Directors or the FWACAA Board of Directors;
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6. Other causes as FWACAA deems appropriate in its sole and
absolute discretion; or
7. FWACAA may deem a bid that is not in compliance with the bid
specifications as being non-responsive.
V. GENERAL INFORMATION
A. Representations and Warranties
The bid and other requested information must be completed, in its entirety, to the
best of Bidder's ability and must represent and warrant in the cover letter that all
information contained therein is true and correct to the best of Bidder's knowledge.
B. Confidentiality
In compliance with the State of Indiana public record laws, all bids will be available
for public inspection after award. Proprietary information such as trade secrets,
manufacturing processes, and financial information not otherwise publicly available
shall not be subject to public disclosure provided the Bidder invokes the protection
of this section upon submission of the bid. The specific area or scope of data and
materials to be protected must be identified and the reasons for their protection
stated. An all-inclusive statement that the entire proposal is proprietary is
unacceptable. Pricing offered to FWACAA may not be considered proprietary.
C. Multiple Bids Prohibited
Multiple bids from any Bidder will be rejected. Separate bids for separate counter/back office spaces for different brands shall be allowed.
D. Conflict of Interest
Successful Bidders' employees may not be involved with any other Airport related
business during the term of the Agreement, as an employee, owner, partner,
consultant, etc., in a manner that could give rise to a conflict of interest. All
determinations regarding potential conflicts of interest under the Agreement for
any affected employee or of the successful Bidders shall be resolved by the Executive
Director of FWACAA, whose decision shall be final.
E. Bidder's Responsibilities
Any person, firm or corporation desiring to submit a bid shall examine the terms of
this IFB as outlined in the bid documents and shall independently judge all the
circumstances and conditions affecting the bid. Failure on the part of any Bidder to
make such examination or to investigate thoroughly the conditions of the bid shall not
be grounds for a declaration that the Bidder did not understand the bid package.
FWACAA is not responsible for any Bidder's errors or omissions.
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F. Bidder's Cost of Bid Preparation
All costs incurred by Bidder in preparation of Bidder's submittal shall be borne by
Bidder. FWACAA shall not be responsible for any costs associated with this bid
submission.
G. Execution of Agreement/Failure to Execute Agreement
On or before October 1, 2017, after notice from FWACAA that its bid has been
selected, the successful Bidders shall fully execute and deliver to FWACAA the final
Agreement provided by FWACAA. Should a successful Bidder fail to deliver the
signed Agreement on or before October 1, 2017, the award to that Bidder may be
cancelled by FWACAA.
H. FWACAA's Reservation of Rights
FWACAA reserves the right to: (i) reject any or all bids and to cause rebidding; or (ii)
take such other course of action as FWACAA deems appropriate at FWACAA's sole and
absolute discretion, which may include:
1. Waive any informality in any bid or proposing procedure;
2. Allow Bidder time between the submission date and the conclusion of the bid evaluation period to address any questions raised by FWACAA regarding deficiencies in the initial bid documents;
3. Reject or cancel any or al l bids;
4. Reissue the IFB with or without modification;
5. Negotiate all Agreement terms and conditions so that all are substantially the same for all successful Bidders.; or
6. Any other option deemed by FWACAA to be in FWACAA's best interest.
I. Public Accommodation Laws
Bidder shall comply fully with applicable laws and regulations governing non- discrimination in public accommodations and commercial facilities including, without limitation, the requirements of the Americans with Disabilities Act and all regulations thereunder.
J. Explanations
Should a Bidder find a discrepancy in, or omission from, the general terms and
conditions included in the request for bid documents or instructions to Bidders, or
should there be any doubt as to their meaning, Bidder shall notify Laura Hakes in
writing, at Fort Wayne-Allen County Airport Authority, 3801 W. Ferguson Road,
Suite 209, Fort Wayne, Indiana 46809, or via email at [email protected] or via
FAX (260-747-1762) no later than July 254, 2017. Instructions/clarifications will
be provided, in writing, to all prospective Bidders of record.
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K. Anti-Lobbying Provision
All Bidders, including Bidders' agents, employees, representatives, lobbyists,
attorneys and proposed partner(s), sub-agreementor(s) or joint venturer(s), will
refrain, under penalty of the Bidder's disqualification, from direct or indirect
contact for the purpose of influencing the selection or creating bias in the selection
process with any person who may play a part in the selection process.
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ATTACHMENT “B”
BID FOR RENTAL CAR OPERATION
AT FORT WAYNE INTERNATIONAL AIRPORT
FORT WAYNE, INDIANA
NON-COLLUSION AFFIDAVIT
State of )
SS:
County of )
The undersigned Bidder or Agent, being duly sworn, on oath says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him/her, entered into any combination, collusion or agreement with any person relative to the price to be offered by anyone at such letting, nor to prevent any person from submitting a offer, and that this offer is made without reference to any other offer and without any agreement, understanding, or combination with any other person in reference to such offers in any way or manner whatever.
FIRM OR CORPORATION NAME: _____________________________
SIGNATURE: _____________________________
NAME: _____________________________
ITS: _____________________________
Subscribed and sworn to before me this day of , 20127.
_________________________________
Notary Public
Printed or Typed Name: ___________________
My Commission Expires: ___________________
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ATTACHMENT “C”
BID FOR RENTAL CAR OPERATION
AT FORT WAYNE INTERNATIONAL AIRPORT
FORT WAYNE, INDIANA
MINIMUM ANNUAL GUARANTEED PRIVILEDGE FEE (MAG)
LEASE YEAR AMOUNT
1 $
2 $
3 $
4 $
5 $
Signature: Date:
Title:
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ATTACHMENT “D”
BID FOR RENTAL CAR OPERATION
AT FORT WAYNE INTERNATIONAL AIRPORT
FORT WAYNE, INDIANA
BRAND OR TRADE NAME AND COMPANY INFORMATION
1. Name of Firm(s) (exactly as it is to appear on the Agreement):
__________________________
2. Principal Office Address:
___________________________
___________________________
___________________________
3. Telephone Number:
___________________________
4. Brand Name(s) under which Firm will operate:
___________________________
___________________________
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ATTACHMENT “E”
BID FOR RENTAL CAR OPERATION
AT FORT WAYNE INTERNATIONAL AIRPORT
FORT WAYNE, INDIANA
AIRPORT CONCESSON DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PARTICIPATION
Forms 1 & 2 for Demonstration of Good Faith Efforts
FORM 1: AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) UTILIZATION
The undersigned Bidder has satisfied the requirements of the bid specification in the following manner (please check the appropriate space):
_____ The Bidder is committed to a minimum of ____ % ACDBE utilization on this contract.
_____ The Bidder (if unable to meet the ACDBE goal of one (1 %) is committed to a minimum of ____% ACDBE utilization on this contract and submitted documentation demonstrating good faith efforts.
Name of Bidder’s firm: ______________________________________
By ___________________________________ ______________________
(Signature) Title
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FORM 2: LETTER OF INTENT
Name of Bidder’s firm: _______________________________
Address: ________________________________________________
City: _____________________________ State: _______ Zip: ______
Name of ACDBE firm: ________________________________________
Address: _________________________________________________
City: ________________________________State: _______ Zip: _____
Telephone: ___________________
Description of work to be performed by ACDBE firm:
The Bidder is committed to utilizing the above-named ACDBE firm for the work described above. The estimated dollar value of this work is $ ___________ per year.
Affirmation
The above-named ACDBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above.
By __________________________________________________________
(Signature) (Title)
If the Bidder does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void.
(Submit this page for each ACDBE participant.)
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ATTACHMENT “F”
A Bidder must, in order to be responsible and/or responsive, make good faith efforts to meet the goal. The Bidder can meet this requirement in either of two ways. First, the Bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the Bidder can document adequate good faith efforts. This means that the Bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful.
I. In any situation in which you have established a contract goal, part 26 requires you to
use the good faith efforts mechanism of this part. As a recipient, it is up to you to
make a fair and reasonable judgment whether a Bidder that did not meet the goal made
adequate good faith efforts. It is important for you to consider the quality, quantity,
and intensity of the different kinds of efforts that the Bidder has made. The efforts
employed by the Bidder should be those that one could reasonably expect a Bidder to
take if the Bidder were actively and aggressively trying to obtain ACDBE
participation sufficient to meet the ACDBE contract goal. Mere pro forma efforts are
not good faith efforts to meet the ACDBE contract requirements. We emphasize,
however, that your determination concerning the sufficiency of the firm's good faith
efforts is a judgment call: meeting quantitative formulas is not required.
II. The Department also strongly cautions you against requiring that a Bidder meet a
contract goal (i.e., obtain a specified amount of ACDBE participation) in order to be
awarded a contract, even though the Bidder makes an adequate good faith efforts
showing. This rule specifically prohibits you from ignoring bona fide good faith
efforts.
III. The following is a list of types of actions which you should consider as part of the
Bidder's good faith efforts to obtain ACDBE participation. It is not intended to be a
mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or
types of efforts may be relevant in appropriate cases.
A. Soliciting through all reasonable and available means (e.g. attendance at pre-
bid meetings, advertising and/or written notices) the interest of all certified
ACDBEs who have the capability to perform the work of the contract. The
Bidder must solicit this interest within sufficient time to allow the ACDBEs to
respond to the solicitation. The Bidder must determine with certainty if the
ACDBEs are interested by taking appropriate steps to follow up initial
solicitations.
B. Selecting portions of the work to be performed by ACDBEs in order to
increase the likelihood that the ACDBE goals will be achieved. This includes,
where appropriate, breaking out contract work items into economically
feasible units to facilitate ACDBE participation, even when the prime
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contractor might otherwise prefer to perform these work items with its own
forces.
C. Providing interested ACDBEs with adequate information about the plans,
specifications, and requirements of the contract in a timely manner to assist
them in responding to a solicitation.
D.
1. (1) Negotiating in good faith with interested ACDBEs. It is the Bidder's
responsibility to make a portion of the work available to ACDBE
subcontractors and suppliers and to select those portions of the work or
material needs consistent with the available ACDBE subcontractors
and suppliers, so as to facilitate ACDBE participation. Evidence of
such negotiation includes the names, addresses, and telephone numbers
of ACDBEs that were considered; a description of the information
provided regarding the plans and specifications for the work selected
for subcontracting; and evidence as to why additional agreements could
not be reached for DBEs to perform the work.
2. A Bidder using good business judgment would consider a number of
factors in negotiating with subcontractors, including ACDBE
subcontractors, and would take a firm's price and capabilities as well as
contract goals into consideration. However, the fact that there may be
some additional costs involved in finding and using ACDBEs is not in
itself sufficient reason for a Bidder's failure to meet the contract DBE
goal, as long as such costs are reasonable. Also, the ability or desire of
a prime contractor to perform the work of a contract with its own
organization does not relieve the Bidder of the responsibility to make
good faith efforts. Prime contractors are not, however, required to
accept higher quotes from ACDBEs if the price difference is excessive
or unreasonable.
E. Not rejecting ACDBEs as being unqualified without sound reasons based on a
thorough investigation of their capabilities. The contractor's standing within its
industry, membership in specific groups, organizations, or associations and
political or social affiliations (for example union vs. non-union employee
status) are not legitimate causes for the rejection or non-solicitation of bids in
the contractor's efforts to meet the project goal.
F. Making efforts to assist interested ACDBEs in obtaining bonding, lines of
credit, or insurance as required by the recipient or contractor.
G. Making efforts to assist interested ACDBEs in obtaining necessary equipment,
supplies, materials, or related assistance or services.
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H. Effectively using the services of available minority/women community
organizations; minority/women contractors' groups; local, state, and Federal
minority/women business assistance offices; and other organizations as
allowed on a case-by-case basis to provide assistance in the recruitment and
placement of DBEs.
IV. In determining whether a Bidder has made good faith efforts, you may take into
account the performance of other Bidders in meeting the contract. For example, when
the apparent successful Bidder fails to meet the contract goal, but others meet it, you
may reasonably raise the question of whether, with additional reasonable efforts, the
apparent successful Bidder could have met the goal. If the apparent successful Bidder
fails to meet the goal, but meets or exceeds the average ACDBE participation obtained
by other Bidders, you may view this, in conjunction with other factors, as evidence of
the apparent successful Bidder having made good faith efforts.
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