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 hakes@fwairport.com 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 hakes@fwairport.com.

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 hakes@fwairport.com 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.

Attachment A

Ready Return Lot-Attachment A, Part 2

RAC Lot, Driveways and Walkways

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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:

19

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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EXHIBIT 1

RENTAL CAR LEASE AND CONCESSION AGREEMENT