METROPOLITAN WASHINGTON AIRPORTS AUTHORITY REQUEST FOR PROPOSALS NO C003 FOR THE OPERATION AND MANAGEMENT OF THE

Transcription

1 METROPOLITAN WASHINGTON AIRPORTS AUTHORITY REQUEST FOR PROPOSALS NO. FOR THE OPERATION AND MANAGEMENT OF THE PUBLIC PARKING AND SHUTTLE BUS CONCESSION AT WASHINGTON DULLES INTERNATIONAL AIRPORT AND RONALD REAGAN WASHINGTON NATIONAL AIRPORT February 2015

2 TABLE OF CONTENTS SECTION I. GENERAL INFORMATION... 2 SECTION II. PRE-PROPOSAL CONFERENCE... 5 SECTION III. PROPOSAL SUBMISSION... 6 SECTION IV. PROPOSAL GUARANTEE... 9 SECTION V. STATEMENT OF AIRPORT CONCESSIONS DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) PARTICIPATION SECTION VI. PROPOSAL SUBMITTAL REQUIREMENTS SECTION VII. EVALUATION CRITERIA SECTION VIII. STATISTICAL INFORMATION SECTION IX. AMENDMENTS TO THIS REQUEST FOR PROPOSALS EXHIBITS Exhibit A Facility Locations Exhibit B Operating Expense Budget Form Exhibit C Current Staffing and Wage Structure Exhibit D Public Parking Operating Expense Budget for FY11 - FY15 Exhibit E Vehicle Inventory Exhibit F Shuttle Bus Service Hours Exhibit G Summary of Shuttle Bus Service Records for 2012, 2013, and 2014 Exhibit H Property List Exhibit I Current Collective Bargaining Unit Agreement Exhibit J Historical Revenues and Exits ATTACHMENTS Attachment I Attachment II Attachment III Attachment IV Attachment V Draft Contract Corresponding ACDBE Attachments Eligibility Form Management Fee Offer Representations and Certifications Page 1 of 28

3 REQUEST FOR PROPOSALS NO. FOR OPERATION AND MANAGEMENT OF THE PUBLIC PARKING AND SHUTTLE BUS CONCESSION AT WASHINGTON DULLES INTERNATIONAL AIRPORT AND RONALD REAGAN WASHINGTON NATIONAL AIRPORT SECTION I. GENERAL INFORMATION A. The Metropolitan Washington Airports Authority (Authority) is a body corporate and politic created by an interstate compact between the Commonwealth of Virginia and the District of Columbia, with the consent of the Congress of the United States. The Authority was created for the purpose of operating, maintaining, and improving Washington Dulles International (Dulles Airport) and Ronald Reagan Washington National Airports (Reagan Airport). The Authority has the legal authority to enter into concession contracts for the services to be provided at the Airports. The Authority s contracting solicitation activities are governed by Contracting Manual, Fourth Edition, Revision 1, or such version in effect on the date the solicitation is issued. The Authority s Contracting Manual may be obtained from the Authority s website, B. The Authority is seeking proposals from all interested and qualified Offerors desiring to operate, manage, and maintain the public parking and public and employee parking shuttle bus concession (hereinafter referred to as parking and shuttle bus concession ) at Dulles Airport and/or Reagan Airport (hereinafter referred collectively to as the "Airports" and singularly as the Airport ). The Authority intends to award one Contract for Dulles Airport and one Contract for Reagan Airport. The Authority plans to select either one Offeror to manage the public parking concession and shuttle bus operations at both Airports under two separate contracts, or two Offerors, each of which will be awarded a contract to manage the parking and shuttle bus concession at one Airport. Offerors must submit separate proposals for each Airport. Offerors may choose to submit a proposal for just one Airport. The selected Offeror(s) will be granted the right and obligation to operate and manage certain public parking facilities and the public and employee parking shuttle buses at the Airports. The Airport parking and shuttle bus concessions at each Airport shall be managed in accordance with the terms and conditions contained in the Contract (attached hereto as Attachment I). The Authority desires to award Contracts to the best qualified Offeror(s) submitting the proposals which best meet the Authority s desire for a cost efficient parking and shuttle bus concession that provides a high level of service to the public. It is not the intent of the Authority to prohibit or discourage any prospective Offeror from submitting a proposal which is based upon its trade experiences as to the scope of business operation to be undertaken and as to the manner in which such operation is to be conducted. All Offerors are advised, however, that proposals that substantially deviate from the scope of this concession activity as set forth in this (RFP) may be rejected. Further, the Authority reserves the right to reject any proposal which does not provide that the Page 2 of 28

4 Offeror will agree to changes in its contemplated manner of operations if the Authority deems such action to be reasonably necessary during the term of the Contract(s) to be awarded. C. The Authority intends to grant the selected Offeror(s) a Contract with a Term of three (3) years, commencing on or about July 1, Two (2) one (1) year extension options may be exercised at the sole discretion of the Authority. D. This RFP encompasses both the management of the public parking and public and employee parking shuttle bus operations at the Airports. Offerors are strongly encouraged to address each of these areas with equal importance in response to this RFP. E. The Authority will pay the selected Offeror(s) an annual Management Fee as compensation for its services under the Contract. Offerors are required to propose a Management Fee as part of their offers (see Attachment IV attached hereto). This Fee will be paid in monthly installments as described in Article 6, Section 6.08 of the Draft Contract. F. The selected Offeror(s) may also receive an annual Incentive Fee Award based upon performance. The annual Incentive Fee Award, if awarded, shall not exceed fifty percent (50%) of the Management Fee for each Contract Year, as described in Article 6, Section 6.09 of the Draft Contract and will be paid in one annual payment. G. The Authority shall reimburse the Selected Offeror for actual costs without markup to include, but not limited to, labor, goods, and services in accordance with Article 6, Section 6.06 of the Draft Contract. Compensation to or between any of the parties within the business association in the form of a management fee, mark-up on goods and/or services, or some other arrangement shall not be included in the Allowable Costs for reimbursement by the Authority and shall be paid from the Contract Management Fee and/or Incentive Fee. H. The selected Offeror(s) shall be required to meet the requirements set forth in the Contract however, certain portions of the final Contract may incorporate language and provisions directly from the selected Offeror(s) proposal. Portions of the final Contract between the Authority and the selected Offeror(s) shall be negotiated; however no major deviations from, or alterations to the Contract will be made. I. The selected Offeror(s) shall provide a performance guarantee in accordance with Article 7 of the Contract. The cost of the performance guarantee will not be paid by the Authority. J. The Authority will advance the Contractor a monthly amount in accordance with the approved Operating Budget for operating costs. Each Offeror shall submit a pro forma Operating Budget for each Contract Year, including the two option years, for the parking and shuttle bus concession as described in Section VI.B.3 of this RFP. Certain Non- Reimbursable expenses specified in Article 6, Section 6.06.b of the Draft Contract shall not be included as part of the monthly reimbursement that the Contractor shall receive for operating expenses. Page 3 of 28

5 K. The Authority has set a goal of twenty-five percent (25%) Airport Concession Disadvantaged Business Enterprise (ACDBE) participation for the Contract(s) to be awarded pursuant to this RFP. Participation may be achieved through an Authority-certified ACDBE prime contractor or through a business structure in which Authority-certified ACDBE participant(s) contribute meaningfully to the operation and management of the Contract and receive a return commensurate with their contributions. ACDBEs not already certified by the Authority must submit the appropriate application and support documentation as shown in Attachment II and qualify as outlined in Section V. below. ACDBEs that are currently certified by the Authority must contact the Authority s Office of Equal Opportunity Programs to ensure that their ACDBE certification eligibility is current and in good standing with the Authority. ACDBE applications and supporting materials must be received by the Authority s Office of Equal Opportunity Programs to allow ample time to complete the certification process before completion of the RFP process. Offerors who are unable to demonstrate in their proposals that they will be able to achieve the twenty-five percent (25%) ACDBE participation goal must request a Good Faith Efforts Waiver from the Authority. The Good Faith Efforts Waiver form must be filed along with the Offeror s proposal. The form to request such a waiver and the criteria for determining good faith efforts are described below in Section V. Additional information on ACDBE applications procedures, eligibility standard for ACDBE certification and additional requirements for joint ventures is included in Section V. herein and Attachment II, and should be utilized by Offerors for guidance and assistance. L. Use of the parking facilities and administrative offices to be assigned to the selected Offeror(s) are listed in Article 3 of the Draft Contract and Exhibit A attached hereto. Use of certain property and other operating equipment to be assigned to the selected Offeror(s) are listed in Exhibit A of the Draft Contract and Exhibit E and H attached hereto. Facility information and historical activity statistics are provided in Section VIII and Exhibit J of this RFP. M. Reagan Airport recently installed a new Parking Revenue Control System manufactured by CTR Systems. Dulles Airport has a Parking Revenue Control System with license plate recognition/inventory and a pay-on-foot pre-paid ticket component, manufactured by Ascom Transport Systems, Inc. The Authority intends to replace this system within the first two years of the Contract. During the Term of the Contract, the new system at Dulles Airport may be paired with the parking operation at Reagan Airport to provide the management and control of some parking operations from one location for both Airports. The selected Offeror(s) shall be required to support the Authority s efforts in implementing the new parking system which may include the consolidated management and operation of certain parking operations at both Airports. The selected Offeror(s) will be responsible for purchasing consumables and spare parts used in the Parking Revenue Control Systems but maintenance will be provided by the Authority through contract(s) with a third party. The expenses incurred by the selected Offeror(s) for consumables and spare parts for use in the Parking Revenue Control Systems shall be reimbursed by the Authority. Page 4 of 28

6 N. The Authority shall provide the selected Offeror(s) with the use of Authority-owned shuttle buses, service vehicles, and other equipment under the Supplemental Lease Agreement as provided in Exhibit A.7 of the Draft Contract. The selected Offeror(s) shall be responsible for providing insurance and maintenance of the Vehicles as required under the Contract and the Supplemental Lease Agreement. The Authority shall reimburse the selected Offeror(s) for all expenses related to the insurance and maintenance of the Vehicles as identified Article 6, Section 6.06 of the Draft Contract. O. The Authority reserves the right to further negotiate the terms and conditions of the Contract with the selected Offeror. SECTION II. PRE-PROPOSAL CONFERENCE A. Schedule. A pre-proposal conference will be held on March 10, 2015, at 9:00 AM. The conference will be held in Conference Room B of the Airport Manager s office at Dulles Airport. A tour of the Premises at both Airports will be provided directly following the conference. Transportation during the tours and between the Airports will be provided by the Authority. Reservations for the conference and tour are required in advance, and can be made by calling Ms. Rosalind Riley at B. Purpose of Conference. The purpose of this Conference will be to discuss the RFP s requirements and objectives. The conference will also address existing and planned facilities. Authority representatives will be available to answer questions. Each Offeror is strongly encouraged to attend this Conference. C. Pre-Proposal Conference Questions. The Authority encourages all potential Offerors who have questions concerning the RFP to submit these questions in writing at least two (2) business days before the Pre-Proposal Conference (March 6, 2015) through the Authority s website at: During the Conference, the Authority will attempt to answer all questions received prior to and asked during the Conference. A summary of the questions and answers, as well as a list of all attendees, will be made available via the Authority s website to all individuals or companies that received a copy of the RFP and registered according to the instructions. D. Questions After the Pre-Proposal Conference. Questions may be submitted after the preproposal conference until March 16, 2015, at 3:00 PM. All questions must be submitted via the Authority s website as listed above. E. Amendment. Any changes in the requirements of this RFP that result from the Conference or from written questions will be made by amendment to this RFP by March 20, Offerors shall not rely upon any oral instructions given by the Authority. If there is any conflict between oral responses or statements and the written responses or statements, the written responses or statements shall control. All amendments must be acknowledged according to instructions on the amendment form. Page 5 of 28

7 SECTION III. PROPOSAL SUBMISSION A. Proposal. The proposal, including the required forms listed below in paragraph B. of this Section, must be prepared in the manner and detail specified in this RFP, signed by an authorized official, enclosed in a sealed envelope or package, and mailed or hand delivered to the name and address below to be received no later than 1:00 p.m. local time, on March 31, Proposals or modifications received subsequent to the noted date and time shall be considered "late proposals" and shall be returned unopened. If any amendments to this RFP are issued, each Amendment must be acknowledged in writing and the acknowledgement shall accompany the proposal. B. Each proposal submission by an Offeror shall include the following required items: 1. The Eligibility Form (see Attachment III to this RFP). The Offeror, including ACDBE Offerors and joint venture partners, must be financially capable to provide the goods and services required by the Contract. If a proposal does not contain an Eligibility Form, or if, in the sole opinion of the Authority, the information contained in the Eligibility Form is incomplete, not responsive, or the Offeror does not meet the eligibility requirements, the proposal may be rejected by the Authority. 2. Management Fee Offer, included as Attachment IV of this RFP, must be completed, signed in duplicate, and included in the Offeror's proposal. 3. Proposal Guarantee. Each proposal must include a proposal guarantee as provided in Section IV of this RFP. 4. ACDBE Certification Application and/or Application for Joint Venture Eligibility and/or ACDBE Waiver Forms (see Attachment II to this RFP). The original ACDBE application shall be submitted directly to the Authority s Equal Opportunity Programs Office, as provided in Section V. of this RFP. 5. Representations and Certifications Form (see Attachment V to this RFP). This form must be completed and signed by all Offerors and joint venture partners, and included with the proposal. 6. The signed acknowledgement of any and all Amendments to this RFP must be included with the Offeror s proposal. C. Address. The envelope or package should be clearly marked as follows: To: Ms. Kathy Ruhl Procurement and Contracts Department, MA-29 Metropolitan Washington Airports Authority 1 Aviation Circle, Suite 154 Washington, D.C Page 6 of 28

8 Proposal: Parking and Shuttle Bus Concession Proposal for: (specify Airport, Dulles or Reagan) RFP No. MWAA- From: (Name) (Address) D. Proprietary Data. It is incumbent upon the Offeror to indicate clearly what portions of the proposal, if any, contain proprietary information. The Authority will consider all proposals to be confidential in nature during the solicitation process, but those portions of the successful Offeror's proposal which are not marked proprietary that are incorporated into the Contract, shall become public information when the Contract is executed with the successful Offeror(s). E. All Offerors are advised that significant deviations from this RFP will not be accepted. "Significant deviations" are terms substantially inconsistent with or varied from the financial and operational terms set forth in this RFP. Further, the Authority reserves the right to reject any Proposal which does not provide the information requested in this RFP. F. Rights of Authority 1. The Authority reserves the right to accept the proposal which in the Authority's sole judgment best meets the Authority's requirements. The Authority further reserves the right to reject any and/or all proposals, to waive irregularities and technicalities in the proposals, to re-advertise, or to proceed to provide the service otherwise when it judges it to be in the best interest of the Authority. 2. The Authority reserves the right to amend any provision of the RFP, including, without limitation, the Draft Contract. 3. An Offeror may not be a prime contractor on more than one proposal to each Airport contract under this solicitation. An Offeror may be 1) a subcontractor on more than one proposal, or 2) a prime contractor on one proposal and a subcontractor on other proposals. An Offeror may be a sole proprietorship, partnership, corporation, joint venture or other type of business association. Joint venture partners of a joint venture Offeror are considered to be prime contractors regardless of the level of participation or ownership. Therefore, a joint venture partner cannot participate on any other proposal except as a subcontractor. 4. The proposal of an Offeror shall be rejected if, at the time it submits its proposal, the Offeror (or any participant or principal in a partnership, joint venture or other business arrangement submitting the proposal) is in default or arrearage under any previous or existing agreement with the Authority, or if there exists any unresolved monetary claims by the Authority against the Offeror. Page 7 of 28

9 5. The Authority expressly reserves its right to only award to responsible contractors. In exercising this right, the Authority shall make such a determination of responsibility based upon a review of the responsibility of the Offeror, including any affiliates. Business or family relationships are deemed to establish the relationship of affiliation of each other when either directly or indirectly (1) one business concern or family member controls or has the power to control the other; (2) a third party (or parties) has the power to control both; or (3) there are, in the Authority s sole judgment, other business or family ties that are indicia of common management, contractual relationships, overlapping authority, or substantial involvement from a financial, management or operational perspective that relate to the factors related to responsibility as set forth in Section of the Authority s Contracting Manual. 6. The Authority may conduct announced or unannounced site visits and/or contact customers of some or all Offerors to elicit further information relevant to the proposals submitted. The Authority may also hold discussions with any Offeror, or with any Offeror judged to be within a competitive range, concerning its proposal. The Authority reserves the right to use the findings of the visits or discussions, and any other available information, in its evaluation of the proposal(s) submitted in accordance with the evaluation criteria established in this RFP. The Authority also reserves the right to make an award without conducting site visits, holding discussions or contacting customers. 7. The Authority may, in its sole discretion, require the submittal of Best and Final Offers by all Offerors, or those Offerors judged to be within a competitive range. G. It is essential that the information and requirements of this RFP be carefully studied and adhered to in the preparation and submission of proposals. All Offerors must submit written proposals, legibly typed, in accordance with the instructions contained in this RFP. Failure to comply with the instructions of the RFP may be cause for rejection of an Offeror s proposal. H. Proposal Costs. All costs incurred in the development of a proposal in response to this RFP or in presenting the proposal will be borne entirely by the Offeror. I. Proposal Acceptance Period; Responsibility. Submission of a proposal shall constitute a valid offer which may be accepted by the Authority for a period of one hundred eighty (180) days following the date specified for submission of proposals. The Contracting Officer will review the apparent successful Offeror s responsibility prior to awarding the Contract. J. Protests. If a potential Offeror believes it has grounds to protest any terms or conditions contained in or omitted from a solicitation or a solicitation amendment issued by the Authority, the potential Offeror must file its protest with the Manager, Procurement and Contracts Department (Manager). The protest must be received by the Manager by the earlier of the following two dates: (1) fourteen (14) calendar days after the issuance date of Page 8 of 28

10 the solicitation or the date of the solicitation amendment containing the terms or conditions that are the subject of the protest, or (2) the due date for bids or proposals. If an unsuccessful Offeror on an Authority solicitation believes it has grounds to protest the rejection of its bid or proposal, or the award of a contract, other than grounds relating to the terms or conditions contained in or omitted from a solicitation or solicitation amendment, that Offeror must file its protest with the Manager, Procurement and Contracts Department. The Manager must receive the protest within seven (7) calendar days after the date of the Authority s letter notifying the successful Offeror that its bid or proposal was unsuccessful or not accepted. The Procurement and Contracts Department Manager will attempt to respond to a protest within seven (7) calendar days from receipt of the protest. If the Manager determines that additional time will be required to respond to the protest, the Manager will, within seven (7) calendar days, notify the protestor of the time period within which a response will be made. If a protestor is not satisfied with the Procurement and Contracts Department Manager's response, the protestor may ask the President and Chief Executive Officer or designee to review the matter. This request must be received by the President and Chief Executive Officer or designee within seven (7) calendar days after the protestor's receipt of the Procurement and Contracts Department Manager's decision. For contracts not requiring approval of the Board of Directors or a Committee of the Board, the decision of the President and Chief Executive Officer or designee is final. Points of contact for requesting reviews can be found in Appendix B of the Authority s Contracting Manual, which is available on the Authority s website, The President and Chief Executive Officer or designee may proceed with award of the Contract and notice to proceed while a protest is pending if he determines it to be in the Authority's best interest to do so. SECTION IV. PROPOSAL GUARANTEE A. A Proposal Guarantee in the sum of Thirty Five Thousand Dollars ($35,000) must be submitted by each Offeror with each of its proposals. The Proposal Guarantee serves to guarantee execution of a Contract by the Contractor. In the event the Contractor fails to execute a Contract offered by the Authority on the basis of the Contractor s proposal, the Proposal Guarantee shall be forfeited. B. The Proposal Guarantee may be in the form of a certified check, cashier s check, money order, bond or irrevocable letter of credit (by a bank rated "B" or better by LACE Financial Corporation) made payable to the Metropolitan Washington Airports Authority. Checks or money orders will be deposited into an Authority bank account designated for this purpose. The proposal guarantee may also be in the form of a proposal bond, issued by an insurance company with a B+10 rating by Best or an equivalent rating. Page 9 of 28

11 C. The Proposal Guarantee will be returned without interest to the unsuccessful Offerors following execution of a Contract between the Authority and the Contractor. The Proposal Guarantee of the Contractor will not be released until the Contract is executed and the Contract Performance Guarantee is received by the Authority. SECTION V. STATEMENT OF AIRPORT CONCESSIONS DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) PARTICIPATION A. By signing its offer, the Offeror commits to make good faith efforts to achieve the ACDBE goal listed below, unless a waiver request meeting the requirements of paragraph F. below is submitted with the offer. Failure to sign the offer or submit a waiver request with the offer will result in the offer being found to be in nonconformance with the RFP and rejected. The Authority will treat all other matters of ACDBE participation (for example, whether the Offeror has made a good faith effort to meet the ACDBE goal, the sufficiency of the ACDBE information that has been provided or whether a ACDBE for whom pre-award substitution is sought was proposed in good faith) as matters relating to the Offeror s responsibility that the Authority may determine prior to award through communications with the Offeror(s) in question. Unless the Authority declares otherwise, such communications with the Offeror(s) in question do not constitute negotiations or discussions as these terms are used in the Authority s Contracting Manual and do not require communication with other Offerors. B. Each Offeror must describe in its ACDBE application how it plans to meet the twenty-five percent (25%) ACDBE goal for this RFP. In order to meet the ACDBE goal, ACDBE participation is to be at least equivalent to twenty-five percent (25%) of the approved Operating Budget and twenty-five percent (25%) of the annual Management Fee and Incentive Fee as compensation. Examples of acceptable ACDBE participation that may be counted toward the ACDBE goal include proposals by a ACDBE prime contractor in which the ACDBE will be responsible for the total operation and management of the public parking and shuttle bus concession; subcontract, joint venture, partnership or other business arrangement in which the ACDBE will receive at least twenty-five percent (25%) of the approved operating budget and at least twenty-five percent (25%) of the annual Management Fee and Incentive Fee for performing clearly defined and meaningful responsibilities in the day-to-day operation and management of the public parking and shuttle bus concession. If the ACDBE firm is an equity participant in a joint venture or partnership submitting a proposal in response to this RFP the ACDBE must have at least twenty-five percent (25%) ownership interest in the offering entity along with the corresponding compensation and responsibility for the concession. The Offeror must also demonstrate that the ACDBE will participate substantially and meaningfully in the day-to-day management and operation of the public parking and shuttle bus concession. The ACDBE equity participant must be responsible for a clearly defined meaningful portion of the concession opportunity and share in the ownership, control, management responsibilities, risks and profits of the concession. The Authority may conduct post award compliance reviews of the ACDBE participation under the contract. In the event of a joint venture or partnership involving an ACDBE and a non-acdbe Offeror, the agreement must include at a minimum all details on capitalization of the venture or partnership, management, management fees, administration, control, and Page 10 of 28

12 accounting. Any assistance (i.e. financing, training, or other assistance) provided by the non- ACDBE Offeror to the ACDBE must be detailed in the agreement. The agreement must specify the amount of capital to be contributed by each partner (the contribution should be in proportion to the partners interests in the venture). It is preferable that each partner provides independent financing sources for its portion of the capital requirements. The ACDBE s capital contribution cannot be 100% financed, unless the financing is provided by an independent third party (i.e. commercial lender). Any financing provided by the non- ACDBE concessionaire to the ACDBE should be comparable to that offered by a commercial lender, should be fully amortized over the length of the concession contract, and include monthly payments not dependent on profits of the operation. In order for the ACDBE participation to be counted toward the ACDBE goal, the ACDBE must perform a distinct, clearly defined portion of the work of the concession with its own forces (i.e. personnel, equipment, operations as appropriate for this concession). The work performed by the ACDBE must be documented and verifiable by the Authority. Acceptable forms/examples of ACDBE participation for meeting the ACDBE goal may include but is not limited to ventures (subcontracts, joint ventures or other agreements) where the ACDBE provides dispatch and/or curbside management and/or where a ACDBE company operates a portion of the concession (e.g. days, nights, weekends, or locations/areas). Unacceptable forms of ACDBE participation for meeting the ACDBE goal include contracts for services provided by a ACDBE to the offeror (e.g., janitorial, advertising, construction, etc.), employment arrangements, purchases of equipment or supplies or other arrangements that lack meaningful participation in the day-to-day management and control by the ACDBE in the operation of the concession. The Authority will rely upon the guidance set forth in the U.S. Department of Transportation s ACDBE regulations 49 CFR Parts 23 and 26 as revised and the Airport Concessions Disadvantaged Business Enterprise Joint Venture Guidance document released on July 17, 2008 in the oversight of its ACDBE Program. All joint ventures with an ACDBE partner will be required to submit a completed ACDBE Joint Venture Application form (see Attachment II attached hereto), along with all supporting documents required by the application form, for the Authority s review and approval. No credit toward the Authority s ACDBE Goals will be counted until the joint venture agreement is reviewed and approved by the Authority. The Authority will evaluate the quality, type and quantity of ACDBE participation as part of its evaluation of the ACDBE applications received in response to this solicitation. It is the Authority's objective that the ACDBE participation is meaningful, leading to a comprehensive knowledge of and hands-on experience in the operation of an airport public parking and shuttle bus concession. The Authority's Office of Equal Opportunity Programs will assist interested Offerors in identifying current Authority certified ACDBE firms upon request. Page 11 of 28

13 C. The Offeror shall provide details of all ACDBE participation in the proposal, separately identifying the firm(s) that will participate, and providing details concerning their participation. The information shall include: 1. Name, address, and telephone number of ACDBE s main office 2. The extent and scope of prior and current experience of the DBE 3. The nature of the relationship between the ACDBE and the offeror (e.g. subcontract, joint venture, etc.). If the Offeror itself is an ACDBE, this should be stated. A copy of the agreement between the ACDBE and the Offeror should be included, if available. If an executed agreement is not available, a draft agreement outlining at minimum the principal terms of the business arrangement should be submitted (refer to paragraph 2 above) 4. Proposed management assistance plan for the ACDBE, if any, including any financial assistance planned 5. Proposed responsibilities for the ACDBE and how ACDBE will perform a distinct, clearly defined portion of the work of the concession with its own forces that equates to at least 25% of the concession operations and management 6. Proposed equity interest and compensation for the ACDBE. D. The Offeror will receive credit under the ACDBE participation evaluation criterion only for participation by firms that are certified as ACDBEs by the Virginia Unified Certification Program (VUCP) prior to the proposal due date. The Airports Authority and the Virginia Department of Small Business and Supplier Diversity are the certifying agencies within the VUCP. E. To qualify as an ACDBE, the firm must meet the definition as set forth below and the applicable size standard, defined in terms of the firm's average annual gross receipts for the preceding three (3) fiscal years. The applicable size standard for public parking and shuttle bus concessions is $56.42 million, which means the ACDBE's average annual gross receipts for the last three years (including gross receipts of all affiliates) cannot exceed $56.42 million. The receipts of affiliate companies are included in determining size. Business concerns are affiliates of each other when either directly or indirectly (1) one concern controls or has the power to control the other, or (2) a third party (or parties) has the power to control both. Consideration is given to such factors as common ownership, common management, contractual relationships and overlapping authority. Any ACDBE certification questions may be directed to Certification Manager, Equal Opportunity Programs office at (703) An ACDBE as defined by 49 CFR Part 23 and 26, is a business concern that meets the applicable size standard and is a small business (as defined by the Small Business Administration), which is: a) at least fifty-one percent (51%) owned and controlled by one Page 12 of 28

14 or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least fifty-one percent (51%) of the stock is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. "Socially and economically disadvantaged individuals" include: 1. Women; 2. Black Americans, which includes a person having origins in any of the Black racial groups of Africa; 3. Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central, or South American, or other Spanish or Portuguese culture or origin, regardless of race; 4. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, and Native Hawaiians; 5. Asian-Pacific Americans, which includes persons whose origins are from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia (Kampuchea), the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, or the Commonwealth of the Northern Mariana Islands, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru; and 6. Asian-Indian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal. The Authority generally will assume that business owners who fall into one of these groups are socially and economically disadvantaged. Their disadvantaged status will not be investigated, unless a third-party challenge is made or the Authority has reason to suspect that the owner(s) may not be disadvantaged Other individuals may be found to be socially and economically disadvantaged on a case-by-case basis. As part of the certification process for individuals who do not fall within one of the socially and economically disadvantaged groups above; the Authority, will determine whether the individual is socially and economically disadvantaged under the criteria in Appendix E of Subpart D of 49 CFR Part 26. These owners must demonstrate that their disadvantaged status arose from individual circumstances, rather than by virtue of membership in a group. F. Good Faith Effort Waiver: If an Offeror is unable to meet all or any part of the ACDBE participation goal, the Offeror must submit a Request for Waiver (see attached form) of the goal with the offer. The Request for Waiver must demonstrate that the Offeror made good faith efforts to achieve the goal. The Request for Waiver must include a detailed report of Page 13 of 28

15 the efforts made by the Offeror, sufficient to satisfy the Authority that a waiver of the goal or portion thereof is justified. The Request for Waiver must be submitted with the proposal, under separate cover, and addressed to the Equal Opportunity Programs Office. The Equal Opportunity Programs Office will review the request to determine if good faith efforts have been made, and will make a decision to approve or deny the Request for Waiver. Activities constituting good faith efforts are outlined below. 1. Elements of the Waiver Report: The report supporting the waiver request shall include documentation to substantiate the good faith efforts made. The following examples are possible efforts demonstrating good faith; however, this list is not inclusive or exhaustive: a. Attend any informational meetings that are scheduled by the Authority regarding ACDBEs; b. Advertise in major circulation newspapers, such as the Washington Post, trade association newsletters and minority and/or women oriented media concerning the ACDBE participation opportunities; c. Provide written notice to a reasonable number of specific ACDBEs regarding the concession contract being solicited, in sufficient time to allow ACDBEs to participate; d. Follow-up initial solicitations of interested ACDBEs to determine their level of interest in the project; e. Provide interested ACDBEs with adequate information about the RFP, the certification process and other elements of the project; f. Negotiate in good faith with interested ACDBEs and not reject ACDBEs as unqualified without sound reasons, based upon thorough investigation of their capabilities; and, g. Make efforts to assist interested ACDBEs in obtaining financing or insurance (if applicable). i. Good faith efforts of an Offeror shall be evaluated by the Authority to determine whether the efforts to obtain ACDBE participation were those that a firm aggressively seeking partners or subcontractors would take in the normal course of doing business; whether the steps taken had a reasonable probability of success; and whether based upon the size, scope and complexity of the project, there were qualified ACDBEs available and willing to participate in a reasonable manner. ii. Efforts that are merely pro forma are not good faith efforts to meet the goal. Efforts to obtain ACDBE participation are considered pro forma, even if they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level Page 14 of 28

16 of DBE participation to meet the ACDBE goal. For example, advertising or bulk mailings, alone or together are considered pro forma unless followed up with telephone calls and/or correspondence consistent with normal business practice. If the ACDBE firm provides a reasonable and/or legitimate offer, a reasonable effort to evaluate the participant and work towards a good business arrangement for both parties must be demonstrated. iii. iv. If the Waiver Request is denied, the Proposal will be rejected. If the Waiver Request is granted, the Proposal will be evaluated and the evaluation of the ACDBE application will consider the type, quantity and quality of ACDBE participation that is proposed. If the Proposal does not, on its face, show ACDBE participation sufficient to meet the ACDBE goal, and no Waiver Request form is included with the Proposal the proposal will be rejected without any evaluation. G. Pre-Award ACDBE Substitution: The Authority expects the successful Offeror to achieve ACDBE participation with the firms named in its proposal. On occasion, it may be necessary to substitute other firms before the contract is awarded. No substitution may occur without the Authority s prior written approval. The Authority will approve a proposed substitution if it finds that the Offeror acted in good faith in attempting to meet the ACDBE goal. The following are examples of situations where substitutions may be permitted: 1. Failure to qualify for ACDBE certification if the firm was proposed in good faith as an ACDBE by the Offeror; 2. Cessation of business for causes beyond the control of the Offeror; 3. Bankruptcy or insolvency of the ACDBE; 4. Inability to furnish any required performance or payment bonds; 5. Inability to obtain, or loss of, a license necessary to the performance of work by the ACDBE; 6. Failure or refusal to execute an agreement with the Offeror, but only where the Authority can determine with reasonable certainty the terms of the agreement and the ACDBE s failure to execute the agreement has not been caused by changes that the Offeror has made to the agreement; 7. Failure to comply with the terms and conditions of its agreement with the Offeror; 8. Voluntary decision not to participate in the concession; 9. Inability to perform a commercially useful function or to perform work of the nature and scope claimed for it. Page 15 of 28

17 Unless otherwise authorized by the Authority, the substitute ACDBE(s) shall be required to perform the same functions and be subject to the same joint venture, partnership, subcontract, sublease or other agreement with the Offeror as the originally proposed ACDBE(s). The Authority may permit the Offeror to alter the substitute ACDBE functions or terms of the Offeror s agreement with the ACDBE. The Authority is under no obligation to delay the award of the contract to accommodate the substitution, even if the Offeror has been identified as the apparent successful Offeror. If the substitute firm cannot be certified as an ACDBE or if the terms of the substitute ACDBE s participation cannot be approved prior to the date by which the Authority has determined, in its sole discretion, that it will award the contract, the Authority may select another contractor for award. It will be the responsibility of the Offeror to submit to the Equal Opportunity Programs Department all documentation necessary to determine if the proposed substitute ACDBE(s) can be certified. Such documentation shall include but is not limited to (1) ACDBE Certification Application; (2) Application for Joint Venture Eligibility; (3) joint venture or partnership agreement (including ACDBE financing plan and/or training plan), or subcontract or sublease; and (4) Proposed ACDBE participation plan. H. Corresponding ACDBE Attachments (Attachment II) Authority Application for ACDBE Joint-Venture Eligibility ACDBE Participation Waiver Request ACDBE Contract Activity Report A. Proposal Format. SECTION VI. PROPOSAL SUBMITTAL REQUIREMENTS Each proposal shall include complete and detailed written responses to the following items. Each Offeror s response to these items will be evaluated in accordance with the criteria stated in Section VII of this RFP: 1. Offerors shall submit one (1) original and nine (9) copies (for a total of ten (10)) of the Offeror s proposal. Each proposal must be typewritten, using a 12-point font (which is the size used in this RFP) on a standard 8 1/2" x 11" page format, not to exceed 100 pages single sided, excluding exhibits, in a three-ring binder, and accompanied by a cover letter on the Offeror s letterhead. Offerors must organize their proposals so that they address each of the elements stated below in paragraph B.1. through B.6. of this Section, in the same order as listed in those paragraphs. 2. In addition, ten (10) electronic copies of the Offeror s proposal must be submitted on CD media or flash drive in a format such as Word or Adobe Acrobat. 3. Additional data, exhibits, and explanations may be included should the Offeror deem them important to the evaluation of its proposal by the Authority. The mere inclusion of additional materials does not make such materials a part of the proposal Page 16 of 28

18 B. Proposal Content: and the Authority is under no obligation to correlate such additional material with the proposal. Proposals shall include the following information in the same order as listed below (including the integration of the proposed ACDBE participation where appropriate). Each Offeror's response to these items will be evaluated in accordance with the criteria stated in Section VII., herein: 1. Operations Plan a. Public parking operations Describe in detail the Offeror's proposed operating procedures for: Lot operations; Customer transactions; Vehicle and ticket inventory and accountability. (i) Revenue, Collections and Control. Provide a detailed description of the Offeror s ability to collect and account for parking revenues. This shall include the personnel involved in the collection, accounting, and deposit of revenues; proposed handling of daily and monthly reconciliation reports; procedures for handling of cash, lost tickets, and non-revenue transactions, cashier shift changes, and other revenue related procedures. Address the handling of employee and other types of thefts. The Offeror shall demonstrate in its proposal its capability for operating the revenue control system and knowledge of operating procedures. In addition, the Offeror shall specifically address: (a) (b) (c) (d) (e) Pay-on-foot operations; General Ledger maintenance and reconciliation; Credit card procedures; System of internal controls; and Financial and accounting experience and training. (ii) Reporting. Provide a detailed description of all internal and external reports with copies of each to illustrate the proposed format. If available, the Offeror is encouraged to submit copies of reports from another location as an example. Describe the procedures for the reconciliation of credit card revenue with credit card deposits with a bank. Page 17 of 28

19 (iii) (iv) (v) (vi) (vii) Maintenance Procedures. Provide a detailed description of proposed maintenance and/or replacement schedules, procedures and corresponding staffing for all parking facilities and equipment at the Airport for which the selected Offeror will have maintenance responsibilities (see Section 4.05 and Exhibit B of the Draft Contract). Financial and Accounting Procedures and Controls. Describe proposed internal reporting, budgeting, accounting and auditing procedures and controls. Include general and specific procedures, frequency of internal reviews, job positions involved, internal and external report forms, and data collection and storage procedures. Describe the controls for the collection of cash. Inventory Control. Describe proposed methods of vehicle inventory management and control as they relate to a license plate recognition system. Facility Security. Describe recommended security procedures and safeguards to be followed in the parking operation. Emergency Procedures. Describe proposed emergency procedures for, at a minimum, the instances listed below. Procedures should include steps for Authority notification. Automobile and personal injury accidents; National Security Emergency; Robbery and theft; Fire. b. Shuttle Bus Operations: Describe in detail the Offeror s proposed operating procedures for: (i) Fleet management; Shuttle bus dispatching; Shuttle bus tracking, frequency compliance measures; Ridership counts. Vehicle Maintenance Procedures. Provide a detailed description of proposed bus preventative maintenance schedules and corresponding staffing for all shuttle bus facilities and equipment maintenance. This shall include, at a minimum: Page 18 of 28

20 Vehicle preventative maintenance procedures; Facilities preventative maintenance procedures; Maintenance reports and related statistics; including, vehicle maintenance and performance data reported, frequency of reporting, and the forms to be maintained for maintenance records. (ii) (iii) (iv) (v) Reporting. Provide a detailed description of all internal and external reports with copies of each to illustrate the proposed format. If available, the Offeror is encouraged to submit copies of reports from another location as an example. Inventory Controls and Procedures. Describe all proposed internal reporting, and procedures to safeguard and ensure the proper accountability of any parts and supplies inventory including theft prevention. Include general and specific procedures and the job positions involved. Safety and Security. Describe recommended safety and security procedures to be implemented with the maintenance and operation of the shuttle buses. Emergency Procedures. Describe proposed emergency procedures for, at a minimum, the instances listed below. Procedures should include steps for Authority notification. Automobile and personal injury accidents; National Security Emergency; Robbery and theft; Fire. c. Offeror Agreements and Communications and Coordination with Partners and Other Subcontractors. If available, provide a copy of any agreements between the partners under the Offeror s proposal. Otherwise provide a detailed description of the proposed responsibilities of each partner under the Contract and the means by which they will be compensated. Address who will be responsible for and/or involved in the communications with other partners and subcontractors within the concession, how communications will be achieved, when regular communications are proposed to occur, and what routine and emergency procedures are proposed to ensure coordinated operations between all partners and subcontractors. d. Corporate Office Support/Relationship. Describe the proposed support activities to be provided by corporate office and the general reporting and operating relationship between local and corporate office management. Page 19 of 28