Download - METROPOLITAN WASHINGTON AIRPORTS AUTHORITY … · no. 4-17-c005 page 2 of 22 request for proposals no. 4-17-c005 for the installation, operation, and marketing of sleep units to the

METROPOLITAN WASHINGTON AIRPORTS AUTHORITY

REQUEST FOR PROPOSALS RFP NO. 4-17-C005

ENTITLED

SLEEP UNITS AT

WASHINGTON DULLES INTERNATIONAL AIRPORT

AUGUST 2017

Request for Proposals No. 4-17-C005Page 1 of 22

TABLE OF CONTENTS

SECTION 1 – GENERAL INFORMATION AND BACKGROUND ........................................................ 2

SECTION 2 – THE OPPORTUNITY .......................................................................................................... 2

SECTION 3 – SCOPE OF WORK ............................................................................................................... 3

SECTION 4 –PRE-PROPOSAL CONFERENCE AND TOURS ................................................................ 4

SECTION 5 – PROPOSAL FORMAT REQUIREMENTS. ........................................................................ 5

SECTION 6 – PROPOSAL SUBMISSION REQUIREMENTS. ................................................................ 6

SECTION 7 – PROPOSAL GUARANTEE. .............................................................................................. 11

SECTION 8 – AIRPORT CONCESSIONS DISADVANTAGED BUSINESS ENTERPRISE (ACDBE)

PARTICIPATION. ........................................................................................................... 11

SECTION 9 – PROPOSAL CONTENT REQUIREMENTS ..................................................................... 17

SECTION 10 – EVALUATION CRITERIA ............................................................................................. 20

ATTACHMENTS ...........................................................................................................................................

Attachment 1 - Concession Draft Contract – Includes Standard Provisions .....................................

Attachment 2 – Eligibility Form ........................................................................................................

Attachment 3 – Representations and Certifications Form .................................................................

Attachment 4 – Percentage of the Gross Receipts Form ...................................................................

Attachment 5 - Application For Joint Venture Eligibility .................................................................

EXHIBITS ......................................................................................................................................................

Exhibit A – Potential Sleep Unit Sites ...............................................................................................


REQUEST FOR PROPOSALS NO. 4-17-C005

FOR THE INSTALLATION, OPERATION, AND MARKETING OF SLEEP UNITS TO THE TRAVELLING PUBLIC AT TWO LOCATIONS LOCATED WITHIN

WASHINGTON DULLES INTERNATIONAL AIRPORT.

SECTION 1 - GENERAL INFORMATION AND BACKGROUND

A. The Metropolitan Washington Airports Authority (Airports Authority) is a public body politic and corporate, created with the consent of the United States Congress by an interstate compact between the Commonwealth of Virginia and the District of Columbia, for the purpose of operating, maintaining and improving Washington Dulles International Airport (Dulles Airport) and Ronald Reagan Washington National Airport. Dulles Airport is one of three commercial airports that service the Metropolitan Washington area, and in 2016, captured approximately one-third of passenger trips through the region. Over the last decade, Dulles Airport has been very active in terms of commercial passengers. Dulles Airport is the Washington DC metropolitan region’s dominant airport in terms of international service, capturing 83% of international travel in the region in 2016, or approximately 7.5 million passengers and over 22 million total (domestic and international) annual passengers.

B. Dulles Airport is ideally and centrally located on the east coast of the United States, approximately 26 miles west of the District of Columbia. Dulles Airport is currently served by 30 commercial airlines with non-stop service to over 50 international destinations worldwide and by 10 commercial airlines to over 75 domestic destinations.

SECTION 2 - THE OPPORTUNITY

A. Dulles Airport does not currently have accommodations for travelers who desire privacy for work, rest, or personal business in a private setting. The Airports Authority is seeking qualified firms interested in installing, operating and marketing Sleep Units to the travelling public at two locations located within Dulles Airport in exchange for a percentage of the Gross Receipts earned from the rental of Sleep Units.

B. The Airports Authority intends that any contract awarded under this solicitation will have a one year base period, with two one-year option periods to be unilaterally exercised at the sole discretion of the Airports Authority.

C. The Airports Authority seeks responses to this RFP that 1) offer creative concepts that propose a quiet and comfortable place within the airport to sleep, relax or work while waiting to board a flight; 2) have the ability to be easily accessed by passengers on a regular basis and also by Airports Authority staff in case of maintenance or emergency; and 3) are equipped to connect to the Dulles Airport HVAC system and other required airport infrastructure.

D. Offerors shall include an overall development plan that includes the design, construction, operations, cost, maintenance and management of the Sleep Units. The Sleep Units must be


operational 7 days a week, 24 hours per day, 365 days per year and have an on-site manager (who may also serve as security attendant) on-duty at all times.

E. The total square footage available for the Sleep Unit is not to exceed 1,262 square feet and Offerors may propose any number of units that fit into this space requirement, as depicted in Exhibit A, Potential Sleep Units Sites. (SEE ATTACHED MAP IN EXHIBIT A).

F. The Airports Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d to 2000d-4, and implementing regulations, 49 C.F.R. Part 21, notifies all Offerors that it will affirmatively ensure that disadvantaged business enterprises are afforded full and fair opportunity to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in the review and evaluation of proposals or otherwise in the consideration of Offeror(s) for a contract award.

G. It is the Airports Authority’s policy to ensure that Airport Concession Disadvantaged Business Enterprise (ACDBE) firms have a significant and continuing opportunity to compete for Airports Authority business. The Airports Authority has set a goal of twenty percent (0%) ACDBE participation for the Contract(s) to be awarded pursuant to this solicitation as further discussed in Section 8.

SECTION 3 - SCOPE OF WORK

A. The proposed Sleep Units must offer a first class, state-of-the art, safe and private space for passengers and customers to work, sleep and relax in comfort. The atmosphere should be similar to what a traveler would experience in a small hotel room or similar private area. Offerors have the flexibility to propose any concepts as long as the overall variety, quality, and services meet the minimum requirements of this RFP. The Airports Authority reserves the right to accept or reject any and all proposed concepts and is not required to select any of the proposed concepts.

B. The Airports Authority is seeking proposals that reflect the Offeror’s experience, innovation, technology, new and current airport trends, forecasted revenue during the contract term as well as whether the proposed Sleep Unit design fits with the Dulles Airport environment and traveler preferences.

C. Sleep Unit Requirements

a. The following is a list of features that are required for inclusion in each unit: i. Daybed/sofa with pillows, fresh linen and blankets

ii. Work table/desk with multiple electric and data outlets iii. Docking stations for Apple and Android operating systems iv. Sound-insulated outer walls v. Individually adjustable air conditioning and heating

vi. Ambient adjustable lighting vii. Multimedia touch screen with WIFI capability


viii. Small amount of storage for luggage and coat hookix. Equipped with a panic lock/unlock capability Vacant/Occupied Indicator x. Made of fire-proof/resistant materials

b. In addition to the required features listed above, all units must be compliant with all applicable laws, regulations, building codes and the following:

i. Capability to interconnect with the Airports emergency management system including fire detection and sprinkler system and loudspeakers for evacuation announcements

ii. Smoke detectors connected to the building fire alarm system iii. Outside opening capability in case of an emergency iv. Listed by a nationally recognized testing laboratory v. ADA compliant. The American with Disabilities Act (ADA) and Federal

regulations require at least one handicap accessible unit vi. Connected to the fire alarm voice evacuation system

vii. The doors must open from the inside and remain locked until each user leaves the units. The door must be able to be opened from the outside and emergency access must be granted to Dulles Airport emergency management personnel

viii. Non-smoking c. All units must meet Transportation Security Administration (TSA) security

regulations set forth in 49 CFR Part 1542. These requirements state that all of the Sleep Units must be arranged together in an “office style” arrangement, and that a full-time, on-site, “security attendant” shall be assigned to administer and record passenger/customer ingress and egress activities. If selected as the successful offeror, Offeror must obtain TSA approval for the units at Offeror’s sole risk and cost. As a part of the approval process, Offeror must develop a comprehensive security plan and obtain approval by TSA prior to commencing operation.

d. In the Proposal, Offeror must identify all mechanical and electrical requirements necessary to install and operate the Sleep Units and is responsible for all costs connecting to the identified requirements.

SECTION 4 – PRE-PROPOSAL CONFERENCE AND TOURS

A. Schedule. A pre-proposal conference will be held on August 31, 2017 at 1:00 p.m. eastern daylight time (EDT). The conference will be held at Dulles Airport, in Conference Room A followed by a tour of the proposed Sleep Unit locations. Conference Room A is in the Main Terminal at Washington Dulles International Airport and is located near Baggage Claim No. 2 (the Conference Rooms are located next to the Airport Manager’s Office).

B. Purpose of Conference. The purpose of this conference will be to discuss the RFP’s requirements and objectives. Airports Authority representatives will be available to answer questions. Each Offeror is encouraged to attend this conference and the tours of both Airports.

C. Pre-Proposal Conference Questions. The Airports Authority encourages Offerors to submit any questions and/or concerns about the RFP documents, including the draft contract, as early as possible but at least three (3) business days before the Pre Proposal Conference


through the Airports Authority’s website at: http://www.mwaa.com/business/current-contracting-opportunities. During the conference, the Airports 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 Airports 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 pre-proposal conference until 3:00 p.m., September 11, 2017. All questions must be submitted via the Airports Authority’s website as listed in Paragraph C of this Section 4.

E. Amendments. Any changes in the requirements of this RFP that result from the Pre-Proposal Conference or from written questions will be made by amendment to this RFP, and will be posted on the Airports Authority website. Offerors shall not and may not rely upon any oral responses or instructions given by the Airports Authority. If there is any conflict between oral responses, instructions or statements and the written responses, instructions or statements posted on the website, the written responses or statements shall control. All amendments to the RFP must be acknowledged by Offerors according to instructions on the amendment form and a signed copy of each amendment must be provided to the Airports Authority by the time specified for receipt of offers in Section 6.A.

SECTION 5 - PROPOSAL FORMAT REQUIREMENTS.

A. Each proposal for the solicitation shall be compiled in two (2), three ring binders, accompanied by a cover letter on the Offeror’s letterhead and submitted concurrently. Each binder shall be clearly labeled on the cover and spine to indicate RFP number and Binder 1 or 2. Binder 1 is to include the technical components of the proposal and Binder 2 is to include the financial components of the proposal as set forth more specifically below.

B. Each proposal must be typewritten, using a 12 point font on a standard 8 1/2" x 11" page format, not to exceed a total of fifty (50) single-sided, numbered pages over both binders, excluding exhibits. Drawings, pictures, exhibits in an 11’’x17” format may be fan folded and included in the proposal. Tabs should be utilized to identify each element of the proposal to facilitate quick reference.

C. Additional data, exhibits, and explanations may be included should the Offeror deem them important to the evaluation of its proposal by the Airports Authority. The mere inclusion of additional materials does not make such materials a part of the proposal and the Airports Authority is under no obligation to evaluate such additional material with the proposal.

D. Proposals, modifications thereof, and all documentation submitted in support of the offer, including but not limited to, written narrative, enclosures, submittal, examples of past work, financial statements, and pictures and videos will become the property of the Airports Authority and will not be returned.


SECTION 6 - PROPOSAL SUBMISSION REQUIREMENTS

A. The original, clearly marked “Original” and seven (7) copies of the proposal (for a total of 8 complete sets), must be prepared in the manner and detail specified in Sections 5 and 9, be signed by an authorized official of the Offeror, enclosed in a sealed envelope or package, and mailed or hand delivered so as to be received by 3:00 p.m., EDT, on September 18, 2017, at the address shown below to be eligible for consideration. Each proposal shall also include an electronic version on CD or USB Flash Drive media in a readily accepted format such as Microsoft Word or Adobe Acrobat.

Proposals or modifications thereto received subsequent to the above date and time shall be considered "late proposals" and will be returned to the Offeror unopened. If any amendments to this RFP are issued, each amendment must be acknowledged in writing by the Offeror as instructed in the amendment and the acknowledgement shall accompany the proposal.

B. Each Offeror’s proposal submission shall include the following required items:

1. Proposal Guarantee. Each proposal must include a proposal guarantee as provided inSection 7 of this RFP.

2. The Eligibility Form (Attachment 2). The Offeror, including its joint venture partners, if any, 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 Airports 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 Airports Authority.

3. Representations and Certifications Form (Attachment 3). This form must be completed and signed by all Offerors and joint venture partners and included with the proposal.

4. Detailed Technical Proposal (Binder 1) as detailed in Section 9.A.1 of this RFP.

5. Financial Offer, as detailed in Section 9.A.2 of this RFP. The Financial Offeror form (Attachment 4) must be completed, signed, and returned in a separate sealed envelope within Binder 2 of the Offeror's proposal.

6. Application for Joint Venture Eligibility (Attachment 5) if applicable. The original ACDBE application shall be submitted directly to the Airports Authority’s Department of Supplier Diversity, as provided in Section 8 of this RFP.

7. The signed acknowledgement of any and all Amendments to this RFP must be included in the Offeror’s proposal.


C. Address. Each Proposal package should be clearly marked as follows:

Proposal: RFP 4-17-C005 Sleep Units at Washington Dulles International Airport

1. U.S. Mail The following address is only for items sent through the U.S. Postal Service:

Metropolitan Washington Airports Authority Ronald Reagan Washington National Airport Procurement and Contracts, MA-29 1 Aviation Circle Washington, DC 20001-6000

2. Hand Delivery and Express Couriers The following physical address is for hand deliveries and express courier deliveries, to include FedEx and UPS:

Metropolitan Washington Airports Authority Procurement and Contracts Department, MA-29 2733 Crystal Drive Arlington, VA 22202

If submitting by hand, offerors should allow time to go through security screening prior to submission, to include the following: • All offerors will sign in at the Lobby Security Desk. • All offerors will go through the regular screening and scanning

process.• All offerors will be issued an Airports Authority Visitor Badge. • Once all of the above have been successfully completed, the

turnstile will be dropped and offerors allowed to go to the 6th floor Airports Authority Reception Desk where they can submit their offer.

From: Offeror’s Name Offeror’s Authorized Representative’s Name

Offeror’s Address Offeror’s Phone Offeror’s Email Address

D. Proprietary Data. The Airports Authority will consider all proposals to be confidential in nature during the solicitation process, but those portions of a successful Offeror's proposal not marked proprietary that are incorporated into the awarded contract, shall become public information when the contract is executed. It is incumbent upon Offerors, who include in


their proposal data or other information that they consider proprietary and that they do not want disclosed to the public or used by the Airports Authority except for evaluation purposes, to do the following:

1. Mark the title page with the following legend:

"This proposal includes data and other information that the Offeror considers to be proprietary and that, therefore, shall not be disclosed outside the Airports Authority and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of-or in connection with-the submission of this data, the Airports Authority shall have the right to duplicate, use or disclose the data and other information to the extent it is included in the awarded contract. This restriction does not limit the Airports Authority's right to use the proprietary data and other information contained in this proposal if it is obtained from another source without restriction. The data and other information subject to this restriction are contained in pages [insert numbers from proposal] and in sheets [insert numbers or other identification of attachments to the proposal]"; and

2. Mark each page or sheet containing the proprietary material it wishes to restrict with the following legend:

"Use or disclosure of data and information contained on this page/sheet is subject to the restriction on the title page of this proposal."

E. Rights of Airports Authority.

1. The Airports Authority reserves the right to reject any and/or all proposals, to waive irregularities and technicalities in the proposals, to re-solicit this concession opportunity, and to proceed to provide the service otherwise, whenever it determines such action, in its sole discretion, to be in the best interest of the Airports Authority.

2. The Airports Authority reserves the right to accept the proposal which in the Airports Authority's sole judgment best meets the Airports Authority's objectives and requirements.

3. The Airports Authority reserves the right to amend any provision of the RFP, including without limitation, the draft contract.

4. The Airports Authority reserves its right to award contract(s) only to responsive and responsible contractors. In exercising this right, the Airports Authority shall make such a determination of responsibility based upon a review of the responsibility of the Offeror(s), including any affiliates, joint venture partners and proposed major subcontractors. 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 Airports 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 6.3.8 of the Airports Authority’s Contracting Manual.

5. The Airports Authority reserves the right to 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 Airports Authority also reserves the right to hold discussions with any Offeror or with any Offerors judged to be within a competitive range, concerning its proposal. The Airports Authority further reserves the right to use the findings of such visits, contacts or discussions, and any other available information, in its evaluation of the Offeror’s proposal under the evaluation criteria established in this RFP. The Airports Authority also reserves the right to make an award without conducting site visits, contacting customers or holding discussions.

6. The Airports Authority reserves the right to require the submittal of Best and Final Offers by all Offerors which have submitted a proposal or from those Offerors judged to be within a competitive range.

F. Proposal Submission. It is essential that the information and requirements of this RFP be carefully studied and adhered to in the preparation and submission of proposals. Offerors are expected to examine the RFP and all attachments, including the draft contract, all instructions and other information provided. Failure to do so will be at the Offeror’s risk and may be cause for rejection of an Offeror’s proposal.

G. 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.

H. Proposal Acceptance Period; Responsibility. Submission of a proposal shall constitute a valid offer which may be accepted by the Airports Authority for a period of one hundred eighty (180) days following the date specified for submission of proposals. The Contracting Officer will review the responsibility of any apparent successful Offeror prior to awarding a contract.

I. Protests.

1. If a potential Offeror believes it has grounds to protest any terms or conditions contained in or omitted from this solicitation or a solicitation amendment issued by the Airports Authority, the potential Offeror may file a protest with the Manager, Procurement and Contracts Department (Manager), and such protest must be received by the Manager by the earlier of the following dates: (1) fourteen (14) calendar days after the issuance date of the solicitation or the issuance date of the solicitation amendment when the amendment contains the terms or conditions that are the subject of the protest or, (2) the date specified for submission of proposals. The filing of a protest under this subparagraph 1 shall not have any effect on this solicitation, including the submission of


proposals and their review and evaluation by the Airports Authority, except as provided in subparagraph 6.

2. If an unsuccessful Offeror on this solicitation believes it has grounds to protest the rejection of its proposal or the award of a contract to another Offeror other than grounds relating to the terms or conditions contained in or omitted from a solicitation or solicitation amendment, the unsuccessful Offeror may file a protest with the Manager. The Manager must receive such protest within seven (7) calendar days after the date of the Airports Authority’s letter notifying the Offeror that its proposal was rejected or that the contract the Offeror had sought to obtain has been awarded to another Offeror.

3. The Manager will attempt to respond to a protest filed under subparagraph 1 or 2 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 from receipt of the protest, notify the protestor of the time period within which a response will be made.

4. If a protestor is not satisfied with the Manager's decision on the protest, the protestor may ask the President and Chief Executive Officer (CEO) or designee to review the matter. This request must be received by the CEO or designee within seven (7) calendar days after the protestor's receipt of the Manager's decision.

5. If a protestor is not satisfied with the decision of the CEO, then the protestor may request that the protest be reviewed by the Board of Directors. Such request must be filed with the Secretary and must be received by the Secretary no later than the seventh (7th) day following the protestor’s receipt of the CEO’s decision. The decision of the Board is final.

6. If a contract pursuant to this solicitation has not been awarded at the time a protest is timely filed with the Procurement and Contracts Department Manager, the contract may not be awarded while the protest is pending within the Airports Authority unless the President and Chief Executive Officer or designee determines that the award of the contract and issuance of a notice to proceed is in the Airports Authority's best interest.

J. Protest Bonds.

1. A protest bond equal to Fifty Thousand Dollars ($50,000) must be submitted with any protest filed with the Airports Authority by an Offeror. Each such bond shall be in a form acceptable to the Airports Authority and the bonding surety company shall have an A.M. Best rating of not less than “A” with a financial size of “IX” or better. In lieu of a surety bond, the protest bond may be in the form of a certified check, cashier’s check, or irrevocable letter of credit by a bank rated “A” or better by Kroll Bond Ratings and made payable to the Metropolitan Washington Airports Authority. Failure to submit a protest bond with a protest will result in the protest being rejected by the Airports Authority without any consideration of the merits of the protest.


2. If the Airports Authority’s final action on a protest is to dismiss or deny it, the bond shall be forfeited. If the protest is sustained on any issue, the bond shall be returned (without accrued interest) to the protesting Offeror.

SECTION 7 - PROPOSAL GUARANTEE

A. A proposal guarantee in the sum of twenty-five percent (25%) of the estimated base year payment to the Airports Authority (percentage of Offeror’s estimated Gross Receipts) must be submitted by an Offeror with each of the proposals it submits. The proposal guarantee must guarantee the Offeror’s execution of any contract which the Airports Authority, at the conclusion of this solicitation, determines to award the Offeror. In the event an Offeror fails to execute any such contract, 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 Kroll Bond Ratingsand made payable to the Metropolitan Washington Airports Authority. Checks or money orders will be deposited into an Airports 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.

C. The proposal guarantee will be returned without accrued interest, if any, to unsuccessful Offerors following execution of a contract between the Airports Authority and the successful Offeror(s) and the Airports Authority’s receipt of a contract performance bond.

SECTION 8 - AIRPORT CONCESSIONS DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) PARTICIPATION

The Airports Authority has established a zero percent (0%) Airport Concession Disadvantaged Business Enterprise (ACDBE) participation goal for the Contract(s) to be awarded pursuant to this RFP. By signing its offer, the Offeror commits to make good faith efforts to achieve the zero percent (0%) ACDBE participation goal. Offerors who are unable to demonstrate in their proposals that they will be able to achieve the zero percent (0%) ACDBE participation goal must request a Good Faith Efforts Waiver from the Airports Authority. The Good Faith Efforts Waiver form must be submitted along with the Offeror’s proposal. The form to request such a waiver and the criteria for determining “good faith efforts” are described below. 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 Airports 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 Airports Authority may determine prior to award through communications with the Offeror(s) in question. Unless the Airports Authority declares otherwise, such communications with the Offeror(s) in question do not constitute “negotiations” or “discussions” as these terms are used in the Airports Authority’s Contracting Manual and do not require communication with other Offerors.


ACDBE Participation may be achieved through a Virginia Unified Certification Program (VUCP) certified ACDBE prime contractor or through a business structure in which a VUCP certified ACDBE participant(s) contribute meaningfully to the operation and management of the concession and receive compensation commensurate with their participation and contributions. ACDBEs not already certified by the VUCP must submit the appropriate application and support documentation to the Airports Authority’s Department of Supplier Diversity (DSD). ACDBEs that are currently certified by the VUCP must contact the Airports Authority’s DSD to ensure that their ACDBE certification eligibility is current and in good standing with the Airports Authority. ACDBE applications and supporting materials must be received by the Airports Authority’s DSD to allow ample time to complete the certification process before the date established by the Airports Authority for the award of this contract. The Airports Authority is under no obligation to delay the award until certification is obtained and the Airports Authority may select another Offeror for the contract award.

Each Offeror must describe in its proposal how it plans to meet the zero percent (0%) ACDBE goal for this RFP. In order to meet the ACDBE goal, ACDBE participation is to be at least equivalent to zero percent (0%) of the gross annual receipts of the concession (seeTechnical Proposal Section). 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 airport display advertising concession, subcontract, joint venture, partnership or other business arrangement in which the ACDBE will generate at least zero percent (0%) of the annual gross sales by performing clearly defined and meaningful responsibilities in the day-to-day operation and management of the airport display advertising 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 percent (20%) 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 display advertising 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 Airports 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 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 (Attachment 5).

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 Airports Authority.

The Airports 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 “AirportConcessions 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 (Attachment 5), along with all supporting documents required by the application form, for the Airports Authority’s review and approval. No credit toward the Airports Authority’s ACDBE Goals will be counted until the joint venture agreement is reviewed and approved by the Airports Authority’s DSD.

The Airports Authority will evaluate the quality, type and quantity of ACDBE participation as part of its evaluation of allowable ACDBE participation received in response to this solicitation. The Airports Authority's DSD will assist interested Offerors in identifying current Airports Authority certified ACDBE firms upon request.

The Offeror will receive credit under the ACDBE participation criterion only for participation by firms that are certified as ACDBEs by the Virginia Unified Certification Program (VUCP) prior to the contract award date. The Airports Authority and the Virginia Department of Small Business and Supplier Diversity are the certifying agencies within the VUCP. ACDBE certification questions may be directed to the DSD Certification Manager at (703) 417-8625.

To qualify as an ACDBE, a firm must meet the requirements of 49 CFR Part 23 and 26 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 the airport display advertising 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 either directly or indirectly when: (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.

Additionally, an ACDBE must be: a) at least fifty-one percent (51%) owned and controlled by one 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 Airports 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 Airports 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 Airports 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.

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 the efforts made by the Offeror sufficient to satisfy the Airports 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 DSD Office. The DSD 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.

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:

1. Attend any informational meetings that are scheduled by the Airports Authority regarding ACDBEs;

2. 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;

3. Provide written notice to a reasonable number of specific ACDBEs regarding the concession contract being solicited in sufficient time to allow ACDBEs to participate;

4. Follow-up initial solicitations of interested ACDBEs to determine their level of interest in the project;

5. Provide interested ACDBEs with adequate information about the RFP, the certification process and other elements of the project;

6. Negotiate in good faith with interested ACDBEs and not reject ACDBEs as unqualified without sound reasons, based upon thorough investigation of their capabilities; and,

7. Make efforts to assist interested ACDBEs in obtaining financing or insurance (if applicable).

Good faith efforts of an Offeror shall be evaluated by the Airports 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.

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 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.

If the Waiver Request is denied, the Proposal will be rejected. If the Waiver Request is granted, the Proposal will be evaluated on 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.

Pre-Award ACDBE Substitution: The Airports 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 Airports Authority’s prior written approval. The Airports 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 Airports 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; and

9. Inability to perform a commercially useful function or to perform work of the nature and scope claimed for it.

Unless otherwise authorized by the Airports 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 Airports Authority may permit the Offeror to alter the substitute ACDBE functions or terms of the Offeror’s agreement with the ACDBE. The Airports Authority is


under no obligation to delay the award of the contract to accommodate the substitution, evenif 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 Airports Authority has determined, in its sole discretion, that it will award the contract, the Airports Authority may select another contractor for award.

It will be the responsibility of the Offeror to ensure that all documentation necessary to determine if the proposed substitute ACDBE(s) can be certified is submitted to the DSD. 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.

SECTION 9 - PROPOSAL CONTENT REQUIREMENTS

A. Proposal Content.

Proposals for the solicitation shall include complete and detailed written responses to the categories of information in paragraphs below and shall provide such responses in the same order as the categories are listed below. Each Offeror's response to these items will be evaluated in accordance with the criteria stated in Section 10 of this RFP.

1. TECHNICAL PROPOSAL (Binder 1)

a. Ability of the Firm to Meet the Requirements i. The Offeror’s must demonstrate the ability to meet all requirements of the

Scope of Work. ii. The Offeror must demonstrate that the proposed Sleep Unit meets the

following minimum requirements: 1. Daybed/sofa with pillows, fresh linen and blankets2. Work table/desk with multiple electric and data outlets 3. Docking stations for Apple and Android operating systems 4. Sound-insulated outer walls 5. Individually adjustable air conditioning and heating 6. Ambient adjustable lighting 7. Multimedia touch screen with WIFI capability 8. Small amount of storage for luggage and coat hook9. Equipped with a panic lock/unlock capability Vacant/Occupied

Indicator10. Made of fire-proof/resistant materials

iii. The Offeror must demonstrate that the proposed Sleep Unit meets be compliant with all applicable laws, regulations, building codes and the following:


1. Capability to interconnect with the Airports emergency management system including fire detection and sprinkler system and loudspeakers for evacuation announcements

2. Smoke detectors connected to the building fire alarm system 3. Outside opening capability in case of an emergency 4. Listed by a nationally recognized testing laboratory 5. ADA compliant. The American with Disabilities Act (ADA) and

Federal regulations require at least one handicap accessible unit 6. Connected to the fire alarm voice evacuation system 7. The doors must open from the inside and remain locked until each

user leaves the units. The door must be able to be opened from the outside and emergency access must be granted to Dulles Airport emergency management personnel

8. Non-smoking iv. The Offeror must provide a comprehensive security plan for operation of

the Sleep Units.

b. Previous Projects i. The Offeror must have experience and qualifications as demonstrated by

experience within the last five (5) years of Sleep Units installed and operating at major international airports.

ii. The Offeror must provide at least three (3) professional references within the proposal with whom they have provided relevant services. Professional references listed in the proposal, as well as other sources of information relating to the firm's past performance will be contacted and comments will be considered in evaluating each offeror's proposal. Please include the name of the organization, address, name and title of the organization’s representative for whom work was provided, their associated email address and telephone number, how long the team worked with each professional reference and the type of work that was performed. Said representatives must be current or past clients with direct engagement in the day-to-day administration of the services performed.

2. FINANCIAL OFFER AND ABILITY TO PERFORM (Binder 2)

a. Percentage Fee

Offeror(s) shall provide a financial offer in the form of a Percentage Fee for each Contract Year of the Contractor’s Gross Receipts during the Operating Period of the Contract utilizing the appropriate form in Attachment 4.

Offeror shall provide a proposed revenue forecast, to include estimated gross revenue projections for the Airports Authority (based on the proposed Percentage Fee of Gross Receipts).

Under the terms of the contract, for each contract year, Offeror(s) will pay to the


Airports Authority a percentage of gross receipts. The percentage to be used in the “Percentage of Gross Receipts” calculation is defined in Article V, paragraph B of the draft Contract.

b. Financial Strength and Ability to Perform

1) The Airports Authority reserves the right to not make an award to an Offeror which proposes a financial offer that would render the procurement infeasible. To assist the Airports Authority undertake this evaluation, Offeror(s) should submit the following:

a) Each Offeror shall provide a financial profile for itself which includes a copy of the Offeror’s audited financial statements prepared in accordance with General Accepted Accounting Procedures for its two (2) most recent fiscal years, showing profit/loss of all Offeror’s businesses, and which includes a statement of any significant financial events affecting the Offeror occurring subsequent to the closing date of the most recent financial statement. The financial statements shall have been audited and certified by a Certified Public Accountant (CPA). If Offeror, any partner or principal owner of Offeror, or any affiliate of Offeror, is required to file reports with the Securities and Exchange Commission, Offeror shall provide copies of all such reports filed during the past two (2) years.

b) Offeror(s) must possess the financial ability to finance and undertake the monetary commitments required to successfully install, maintain and operate Sleep Units. Generally, this means that the Offeror must have a net worth greater than the proposed investment, or demonstrated access to credit or other funds sufficient to undertake the proposed investment, execute the program and satisfy the contract requirements. Offeror(s) shall identify the amount of working capital required as well as the source of such working capital.

c) In the event an Offeror anticipates that a newly established entity, a subsidiary or spin off of an existing corporation will perform the services contemplated under this RFP, Offeror shall disclose this information and shall submit sufficient information and data to demonstrate the financial capability of the proposed new entity, subsidiary or spin off entity; such demonstration by an Offeror may require it to submit one or more letters of credit in an adequate amount to finance the operations required under this RFP. The Airports Authority reserves the right to request a guarantee from an Offeror entity that proposes to establish a new business entity.

d) If the Offeror is a joint venture, the information in subparagraphs a) and b) above, when applicable, shall be supplied for each venture partner or member.

e) If the Offeror contemplates providing certain elements of the work via subcontractors, sufficient information and data with respect to each


subcontractor must be provided to demonstrate that it has the financial capability to perform those elements of the concession.

f) Each Offeror shall submit a financial pro forma based on the work as outlined in this RFP. The pro forma will be evaluated by the Airports Authority for reasonableness, clarity, and viability, as well as the Offeror’s ability to fund the program.

An Offeror’s pro-forma should include the following information for each year of the contract, including the option years:

Anticipated gross receipts from the rental of the Sleep Units;

Anticipated expenses, by line item, including but not limited to, salaries and benefits, marketing, maintenance, insurance, technology and connectivity costs, administrative, and other operating expenses;

Anticipated debt service and other financing costs, including the amortization of any cash capital contributions used to fund capital expenditures;

Payment to the Airports Authority of the percentage of anticipated the year’s gross receipts, using the percentage set out in the draft contract for the year in question; and

Offeror’s profit.

SECTION 10 - EVALUATION CRITERIA

A. The Airports Authority is using a competitively negotiated procurement process and will award the concessions offered by this RFP to the qualified and responsible Offeror which meets the technical requirements of the Airports Authority and offers the highest payment to the Airports Authority.

B. Information submitted in proposals will be evaluated using only the criteria listed below. The criteria listed below are of equal importance. Each criterion below consists of the elements addressed in the subparagraph of the same title within Section 9. The Airports Authority will base its evaluation on the information provided by the Offeror.

1. TECHNICAL MERIT (Binder 1)

a. Ability of the Firm to Meet the Requirements i. Evaluation of the criterion shall include consideration of the Offeror’s

ability to meet all requirements of the Scope of Work.ii. Specifically, Offeror must demonstrate that the proposed Sleep Unit meets

the following minimum requirements: 1. Daybed/sofa with pillows, fresh linen and blankets


2. Work table/desk with multiple electric and data outlets 3. Docking stations for Apple and Android operating systems 4. Sound-insulated outer walls 5. Individually adjustable air conditioning and heating 6. Ambient adjustable lighting 7. Multimedia touch screen with WIFI capability 8. Small amount of storage for luggage and coat hook9. Equipped with a panic lock/unlock capability Vacant/Occupied

Indicator10. Made of fire-proof/resistant materials

iii. The Offeror must demonstrate that the proposed Sleep Unit meets be compliant with all applicable laws, regulations, building codes and the following:

1. Capability to interconnect with the Airports emergency management system including fire detection and sprinkler system and loudspeakers for evacuation announcements

2. Smoke detectors connected to the building fire alarm system 3. Outside opening capability in case of an emergency 4. Listed by a nationally recognized testing laboratory 5. ADA compliant. The American with Disabilities Act (ADA) and

Federal regulations require at least one handicap accessible unit 6. Connected to the fire alarm voice evacuation system 7. The doors must open from the inside and remain locked until each

user leaves the units. The door must be able to be opened from the outside and emergency access must be granted to Dulles Airport emergency management personnel

8. Non-smoking iv. The Offeror must provide a comprehensive security plan for operation of

the Sleep Units.

b. Previous Projectsi. Evaluation of this criterion shall include the Offeror’s experience and

qualifications as demonstrated by experience within the last five (5) years of Sleep Units installed and operating at major international airports.

ii. The Offeror shall also submit at least three (3) professional references within the proposal with whom they have provided relevant services. Professional references listed in the proposal, as well as other sources of information relating to the firm's past performance will be contacted and comments will be considered in evaluating each offeror's proposal. Please include the name of the organization, address, name and title of the organization’s representative for whom work was provided, their associated email address and telephone number, how long the team worked with each professional reference and the type of work that was performed. Said representatives must be current or past clients with direct engagement in the day-to-day administration of the services performed.


2. FINANCIAL OFFER AND ABILITY TO PERFORM (Binder 2)

a. Percentage Fee Offer:

Offeror’s proposed Percentage Fee for each Contract Year of the Contractor’s Gross Receipts during the Operating Period of the Contract.

b. Financial Strength and Ability to Perform:

Offeror’s financial responsibility; Offeror’s financial ability to execute its Proposal and perform the requirements of the Contract; as well as the reasonableness and viability of Offeror’s financial pro forma.

Request for Proposals No. MWAA-4-17-C005 Attachments

ATTACHMENT 2

ELIGIBILITY FORMFOR THE INSTALLATION, OPERATION, AND MARKETING OF SLEEP UNITS TO THE

TRAVELLING PUBLIC AT TWO LOCATIONS LOCATED WITHIN WASHINGTON DULLES INTERNATIONAL AIRPORT

As required in the Request for Proposals, offerors submitting a proposal for the installation, operation, and marketing of Sleep Units to the travelling public at two locations located within Washington Dulles International Airport must complete this form in full and submit it to the Authority with the other contents of offeror’s proposal. This form will enable the Authority to determine whether the offeror has met the minimum eligibility requirements for submitting a proposal. Use additional pages as necessary, but please indicate at the top of each page the number and/or letter of the paragraph to which each such page relates. If this Eligibility Form is not submitted, or if, the information contained herein is incomplete or not responsive, or the offeror does not have the financial capability to provide the required goods and services, the offeror’s bid may be rejected by the Authority.

Note: If the offeror is a subcontractor, affiliate, or joint venture partner, then the information requested below shall be provided for both the offeror and for the prime Contractor or parent entity.

A. Offeror

1. Name: ________________________________________

2. Address: ________________________________________

________________________________________

3. Telephone Number: ________________________________________

4. Contact Person: ________________________________________

5. Type of Organization (check all that apply):

( ) Corporation - Please give state and year of incorporation: ( ) Partnership ( ) Joint Venture ( ) Sole proprietorship ( ) Other (explain)

B. Financial Information

1. Please attach evidence of offeror’s financial responsibility, such as a credit rating from a qualified firm preparing credit ratings, a letter of credit worthiness from a bank, a letter of credit from an FDIC-insured bank describing a offeror’s credit line, or other trade reference.


2. If offeror is currently an operating business entity, provide full and complete audited financial statements for the two most recent years, prepared in accordance with Generally Accepted Accounting Principles (GAAP). The financial statements shall be audited and certified by a Certified Public Accountant (CPA). The Offeror shall provide a financial profile covering complete operations (i.e., profit/loss of all of the offeror’s businesses), and a statement of any significant financial events occurring subsequent to the closing date of the most recent financial statements. If offeror, or corporation or other entity which has, directly or indirectly, a controlling interest in the offeror, or any subsidiary corporation or other entity in which the offeror has a controlling interest, or any affiliate of the offeror is required to file reports with the Securities and Exchange Commission, offeror shall provide copies of all Annual Reports on Form 10-K filed by the offeror or any partner or principal owner of offeror during the past two years.

3. In the event the offeror anticipates the establishment of a new business entity, a subsidiary or spin-off of an existing corporation to perform the services contemplated under this Request, sufficient data must be provided to demonstrate financial capability of the proposed entity. The Authority reserves the right to require at its discretion additional financial information and/or a guarantee from the offeror’s parent company or owners, or a letter of credit for a predetermined amount each Contract Year. Personal net worth statements will not be acceptable to establish financial capability under the Request unless such net worth is pledged to the entity to be established and is accompanied by the principal’s appropriate, signed, tax return statements for the last two years. The offeror shall also provide bank references, including addresses, telephone numbers, and names of bank officials familiar with the offeror’s account.

4. Has offeror ever had a performance guarantee bond or surety canceled or forfeited?

YES ( ) NO ( )

If yes, and a bond, state name of bonding company, date, amount of bond and reason for cancellation or forfeiture.

5. Has offeror or any director, principal officer, or owner of 10 percent or more of stock of offeror ever reorganized under the Bankruptcy Code or declared bankruptcy?

YES ( ) NO ( )

If yes, state case name, date of the proceedings, court jurisdiction, amount of liabilities and amount of assets as of the date filed and disposition.

6. Has offeror or any entity affiliated with it ever been awarded a concession at any airport and failed to operate the concession for the full term thereof?

YES ( ) NO ( )

If yes, please state name of airport, date of award and describe the circumstances.

7. Have any leases for the company’s operation or other business enterprises held by your organization ever been canceled?

YES ( ) NO ( )

If yes, provide additional details.


8. Has offeror been involved in litigation in the previous five years as plaintiff or defendant as a result of offeror’s concession?

YES ( ) NO ( )

If yes, state the date, court jurisdiction, case number and outcome. This response should include litigation under the current or prior entities or affiliates and any litigation involving the officers or majority stockholders.

C. Ownership and Control of Offeror

1. If offeror is a corporation, please list all officers, directors and owners of 10 percent or more of its capital stock.

2. If offeror is an entity other than a corporation, please list all persons or entities with an interest of 10 percent or more in the operations of the offeror, indicating the title if any and the percentage of the interest of each.

3. Please provide names, titles, mailing addresses and business telephone numbers of the corporate officers.

4. Please submit a copy of the offeror’s company’s organizational chart, including the names of the individuals in the various positions.

D. Authorization to do Business in the Commonwealth of Virginia

The offeror shall attach a certification signed by its authorized representative, which states to the Authority that offeror is authorized to do business in the Commonwealth of Virginia. Please attach a copy of the certificate hereto. If not authorized by the date bids are due to the Authority, the offeror must certify to the Authority that it is authorized to do business no later than the date the Authority receives a Contract for execution from a offeror.

The undersigned hereby certifies that all of the information contained herein, and in any and all attachments hereto, is true and accurate.

ATTEST: ___________________________ _________________________________ (Name of Offeror)

By: __________________________

Dated: ____________________, 2017


ATTACHMENT 3

REPRESENTATIONS AND CERTIFICATIONS

01 PARENT COMPANY AND IDENTIFYING DATA

A. A "parent" company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the offeror. To own the offeror's company means that the parent company must own at least 51% of the voting rights in that company. A company may control an offeror as a parent company even though not meeting the requirement for such ownership if the parent company is able to formulate, determine, or veto basic policy decisions of the offeror through the use of dominant minority voting rights, use of proxy voting, or otherwise.

B. The offeror [ ] is, [ ] is not (check applicable box) owned or controlled by a parent company.

C. If the offeror checked "is" in paragraph B. above, it shall provide the following information:

Name and Main Office Address of Parent Company's Employer's Parent Company (include zip code) Identification Number

___________________________ ___________________________ _________________________________________________________________________________

D. If the offeror checked "is not" in paragraph B. above, it shall insert its own Employer's Identification Number on the following line:

___________________________.

E. The offeror (or its parent company) [ ] is, [ ] is not (check applicable box) a publicly traded company.

F. The offeror shall insert the name(s) of its principal(s) on the following line:

________________________________________________________________________________.

02 TYPE OF BUSINESS ORGANIZATION

The offeror, by checking the applicable box, represents that:

A. It operates as [ ] a corporation incorporated under the laws of the State of ______________________,[ ] an individual, [ ] a partnership, [ ] a nonprofit organization, or [ ] a joint venture.

B. If the offeror is a foreign entity, it operates as [ ] an individual, [ ] a partnership, [ ] a nonprofit organization, [ ] a joint venture, or [ ] a corporation, registered for business in ____________ (country).


03 AUTHORIZED NEGOTIATORS

The offeror represents that the following persons are authorized to negotiate on its behalf with the Authority in connection with this request for proposals or quotations:

______________________________________________________________________________________________________________________________________________________________________________

04 LOCAL DISADVANTAGED BUSINESS ENTERPRISE REPRESENTATION

A. Representation The offeror represents and certifies as part of its offer that it [ ] is, [ ] is not a local disadvantaged business enterprise.

B. Definitions "Local Disadvantaged Business Enterprise" (LDBE) is defined as a disadvantaged business concern which is organized for profit and which is located within a 100-mile radius of Washington, DC's zero mile marker. Those business entities located within counties that fall partially within the aforementioned boundary would also be eligible to participate in the Authority's LDBE Program. "Located" means that, as of the date of the contract solicitation, a business entity has an established office or place of business within a city, county, town, or political jurisdiction within the 100-mile radius referenced above. Evidence of whether a business is "located" within the region includes, but is not limited to: an address that is not a Post Office Box; employees at that address; business license; payment of taxes; previous performance of work similar to work to be performed under contract, or related work; and other indicia. A "disadvantaged business" is defined as a firm which is not dominant in its field, and which meets the Authority's disadvantaged business size standard(s) for this solicitation.

C. Certification Proposed LDBEs must apply to the Authority's Equal Opportunity Programs Office for certification. For further instruction, see Attachment VI on Local Disadvantaged Business Enterprise Participation (LDBE) in this Solicitation.

05 MINORITY BUSINESS ENTERPRISE REPRESENTATION

A. Representation. The offeror represents that it [ ] is, [ ] is not a Minority Business Enterprise.

B. Definition. A Minority Business Enterprise is:

1. A firm of any size which is at least 51% owned by one or more minority persons or, in the case of a publicly-owned corporation, at least 51% of all stock must be owned by one or more minority persons; and whose management and daily business operations are controlled by such persons. A person is considered to be a minority if he or she is a citizen of lawful resident of the United States and is:

a. Black (a person having origins in any of the black racial groups in Africa);

b. Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);


c. Portuguese (a person of Portugal, Brazilian, or other Portuguese culture or origin, regardless of race);

d. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or

e. American Indian and Alaskan Native (a person having origins in any of the original peoples of North America.)

C. Certification. As verification of this representation, the offeror is encouraged to attach a copy of a current MBE/WBE certification from any agency to be used for the Authority's monitoring of MBE/WBE participation in its program.

06 WOMEN BUSINESS ENTERPRISE REPRESENTATION

A. Representation. The offeror represents that it [ ] is, [ ] is not a Women Business Enterprise.

B. Definitions. A Women Business Enterprise is:

1. A firm of any size which is at least 51% owned by one or more women or, in the case of a publicly-owned corporation, at least 51% of stock must be owned by one or more such women; and

2. Whose management and daily business operations are controlled by such persons.

C. Certification. As verification of this representation, the offeror is encouraged to attach a copy of a current MBE/WBE certification from any agency to be used for the Authority's monitoring of MBE/WBE participation in its program.

07 CONTRACTOR IDENTIFICATION

Each offeror is requested to fill in the appropriate information set forth below:

DUNS Identification Number __________________ (this number is assigned by Dun and Bradstreet, Inc., and is contained in that company's Data Universal Numbering System (DUNS). If the number is not known, it can be obtained from the local Dun & Bradstreet office. If no number has been assigned by Dun & Bradstreet, insert the word "none."

08 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

A. The offeror certifies that --

1. The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (a) those prices, (b) the intention to submit a offer, or (c) the methods or factors used to calculate the prices offered;


2. The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

3. No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

B. Each signature of the offeror is considered to be a certification by the signatory that the signatory:

1. Is the person in the offeror's organization responsible for determining the prices being offered in its offer, and that the signatory has not participated and will not participate in any action contrary to subparagraphs A.1. through A.3. above; or

2. a. Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs A.1. through A.3. above

______________________________________________________________________(Insert full name of person(s)in the offeror's organization responsible for determining the prices offered in this offer or proposal, and the title of his or her position in the offeror's organization);

b. As an authorized agent, does certify that the principals named in subdivision B.2.a. above have not participated, and will not participate, in any action contrary to subparagraphs A.1. through A.3. above.

c. As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs A.1. through A.3. above.

C. If the offeror deletes or modifies subparagraph A.2. above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

09 SUBCONTRACTORS

The offeror represents that it intends to utilize the below listed subcontractor(s) if it is awarded a contract as a result of this solicitation.

NAME OF SUBCONTRACTOR SUBCONTRACTOR ADDRESS ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________


Once contract award has been made, the prime contractor shall not deviate from use of the above subcontractor(s) without prior submission and Contracting Officer approval of revised LDBE Exhibits, as applicable.

10 CERTIFICATION OF COMPLIANCE WITH EMPLOYMENT ELIGIBILITY VERIFICATION, FORM I-9

The offeror certifies that it [ ] has [ ] has not read and [ ] is [ ] is not in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a) and the regulations issued there under. The offeror also certifies that its subcontractors are in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a) and the regulations issued there under.

11 CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

A. 1. The Offeror certifies, to the best of its knowledge and belief, that -

a. The Offeror and/or any of its Principals -

(1) Have [ ] have not [ ] been debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal, state, or local agency within the three (3) year period preceding this offer;

(2) Have [ ] have not [ ] had contractor or business license revoked within the three (3) year period preceding this offer;

(3) Have [ ] have not [ ] been declared non responsible by any public agency within the three (3) year period preceding this offer;

(4) Have [ ] have not [ ], within the three (3) year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or sub-contract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; violation of labor, employment, health, safety or environmental laws or regulations;

(5) Have [ ] have not [ ], within the three (3) year period preceding this offer, been indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subparagraph A.1.a.(4). of this provision; and

(6) All performance evaluations within the three (3) year period preceding this offer have [ ] have not [ ] received a rating of satisfactory or better. If not, please provide a copy of the evaluation with detailed explanation.


b. The Offeror has [ ] has not [ ] within the three (3) year period preceding this offer, had one or more contracts terminated for default by any Federal, state or local agency.

2. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

B. The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

C. A certification that any of the items in paragraph A. of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph A. of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

E. The certification in paragraph A. of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, the Contracting Officer may terminate the contract resulting from this solicitation for default.


ATTACHMENT 4

FINANCIAL OFFER FOR THE INSTALLATION, OPERATION, AND MARKETING OF SLEEP UNITS TO THE TRAVELLING PUBLIC AT TWO LOCATIONS LOCATED WITHIN

WASHINGTON DULLES INTERNATIONAL AIRPORT.

To: Steve Baker Date:____________________ Metropolitan Washington Airports Authority

1 Aviation Circle Washington, DC 20001-6000 Re: Request For Proposals No. MWAA-4-17-C005

I. Pursuant to the Authority's Request for Proposals for the implementation of Sleep Units at Washington Dulles International Airport, the undersigned hereby submits a proposal for the operation of such concession based on and subject to the terms and provisions of the Request for Proposals, which documents have been read by the undersigned and to which the undersigned agrees.

II. Based upon the terms, provisions and conditions of the Request for Proposals documents, the undersigned hereby submits the following financial offer for the Percentage Fee of the Contractor’s Gross Receipts during each year of the Contract to be paid to the Authority by the Offeror for the implementation of Sleep Units at Washington Dulles International Airport .

A. Percentage Fee:

Base: ________________________________________ Percentage (__%) (Percentage expressed in words) (Amount in figures) Option Year 1 ________________________________________ Percentage (__%) (Percentage expressed in words) (Amount in figures) Option Year 2 ________________________________________ Percentage (__%) (Percentage expressed in words) (Amount in figures)

B. Should the undersigned become the selected Offeror and be awarded the right to manage the implementation of the Sleep Units, as aforesaid, the undersigned will execute the required performance guarantee. Release of the proposal guarantee submitted by the Offeror will not be made until after execution of the Contract to be awarded and receipt of the required performance guarantee.

ATTEST: ___________________________________________ (COMPANY NAME)

___________________________________________ (SIGNATURE--AUTHORIZED OFFICIAL)

___________________________________________(TITLE)


ADDRESS: ___________________________________________

___________________________________________

TELEPHONE: ___________________________________________

Attachment 5 Page 1 of 3

METROPOLITAN WASHINGTON AIRPORTS AUTHORITY

ACDBE APPLICATION FOR JOINT VENTURE ELIGIBILITYNote: This form need not be filled in if all joint venture members are ACDBE firms.

1. JOINT VENTURE NAME AND ADDRESS (Company Name, Address, City State Zip)

_________________________________

_________________________________

_________________________________

_________________________________

_________________________________

2. CONTACT PERSON AND TITLE

_________________________________

_________________________________

_________________________________

3. TELEPHONE

_________________________________

4. IDENTIFY THE COMPANIES WHICH COMPRISE THE JOINT VENTURE (ACDBE PARTNER(S) MUST BE CERTIFIED AT TIME OF SUBMISSION OF THIS JOINT VENTURE APPLICATION):

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

5a. DESCRIBE ROLE OF ACDBE FIRM IN THE JOINT VENTURE:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

b. NATURE OF JOINT VENTURE’S BUSINESS:____________________________________

_________________________________________________________________________

_________________________________________________________________________

c. DESCRIBE VERY BRIEFLY THE EXPERIENCE AND BUSINESS QUALIFICATIONS OF EACH NON-ACDBE JOINT VENTURER: ________________________________________

_________________________________________________________________________

_________________________________________________________________________

6. IS THE JOINT VENTURE RESPONDING TO A SPECIFIC AUTHORITY SOLICITATION?

YES NO IF YES, WHICH ONE? ________________________________

7. WHAT IS THE PERCENTAGE OF ACDBE OWNERSHIP IN THE JOINT VENTURE?

_________________________________________________________________________

_________________________________________________________________________


8. PROVIDE ALL OF THE FOLLOWING DOCUMENTS/INFORMATION

a. Copy of the Joint Venture Agreement

b. Profit and Loss Sharing agreement/plan c. Statement of Start Up and Operating Costs - provide itemized statements of start-up and

operating costs for the concession operation d. Detail Plan for Capital Contributions – provide an itemized statement of each members

capital contributions (identifying cash investments and loan amounts) e. Copy of ACDBE’s Loan Agreement and Security Instrument f. Detail description of functions to be performed by ACDBE firm (identifying ACDBE’s

personnel responsible for the functions) g. Detail description of functions to be performed by non-ACDBE firm (identifying personnel

responsible for the functions) h. Business resume/capability statement showing ACDBE firm’s experience in performing

work relevant to this joint venture i. Resume’s of all principal managers listed in number 9 below j. Other Applicable Ownership Interests – provide list of other joint ventures or other

business relationships between the ACDBE and non-ACDBE members of this agreement

9. CONTROL OF AND PARTICIPATION IN THIS CONTRACT. Identify by name, race, sex, and firm those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for (a) financial decisions; (b) management decisions, such as estimating, marketing, merchandizing and sales; (c) hiring and firing of management personnel; (d) purchasing of major items or supplies; and (e) supervision of field operations. Name Race Sex Firm (and Title)

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________


AFFIDAVIT

“The undersigned swear that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide the Metropolitan Washington Airports Authority (the Authority) current, complete, and accurate information regarding actual joint venture work and the payment therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records, and files of the joint venture, by authorized representatives of the Authority or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements.”

Name of Joint Venture (if any) ___________________________________________________ Names of companies forming Joint Venture: ________________________________________________________________ ________________________________________________________________ Signature(s) ________________________________________________________________ ________________________________________________________________ Name(s) ________________________________________________________________ ________________________________________________________________ Title(s) ________________________________________________________________ Date ________________________________________________________________ State of ________________________________________________________________ County of ________________________________________________________________

On this __________ day of ___________________, 20____, before me appeared (name) __________________________________, to me personally known, who being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name of firm) ________________________________ to execute the affidavit and did so as his or her free act and deed.

Notary Public __________________________________________________________ Commission Expires __________________________________________________________

[Seal]

On this __________ day of ___________________, 20____, before me appeared (name) __________________________________, to me personally known, who being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (name of firm) ________________________________ to execute the affidavit and did so as his or her free act and deed.

Notary Public __________________________________________________________ Commission Expires __________________________________________________________

[Seal]

74.9ft

13.0ft

18.9ft

1,262 sf

UP

UP

DN

DN

DN

UP

DN

DN

DN

DN DN

DN

DN

DN

DN

DN

UP

MEZZANINE LEVEL

UP F

RO

M T

RAIN P

LA

TF

OR

M

UP T

O C

ON

CO

UR

SE

Download - METROPOLITAN WASHINGTON AIRPORTS AUTHORITY … · no. 4-17-c005 page 2 of 22 request for proposals no. 4-17-c005 for the installation, operation, and marketing of sleep units to the

Top Related