Request for Proposals
Aviation Fuel Supplier for the
Fort Wayne International and Smith Field Airports
RFP Due: June 4, 2015 @ 3:00 P.M. EDT
Revised Addendum #1
One Original and four (4) copies of RFP shall be submitted in response to this Request for
Proposal. An electronic copy should also be provided.
Table of Contents
1.
Public Notice
2.
Transmittal Letter
3.
Instructions for Proposal Submission
4.
General Conditions
5.
Scope of Services
6.
Fuel Requirements
7.
Fuel Costs
8.
Fuel Cost Proposal Requirements
9.
Supplier Qualifications and Proposal Specifications
10.
Proposal Information and Requirements
11.
12.
Selection Process
Terms and Conditions of Contract
Attachment A
Attachment B
Page 2 of 30
NOTICE TO PUBLIC
FORT WAYNE-ALLEN COUNTY AIRPORT AUTHORITY
REQUEST FOR PROPOSALS FOR
AVIATION FUEL SUPPLIER
FORT WAYNE INTERNATIONAL AIRPORT AND
SMITH FIELD AIRPORT
Notice is hereby given that the Fort Wayne-Allen County Airport Authority (the Authority) is soliciting
proposals for a contractor to supply aviation fuel to Fort Wayne International (FWA) and Smith Field
Airport (SMD) for a three-year period with two additional one-year renewal periods effective
November 30, 2015, although commencement of FBO operations at FWA is not scheduled to begin
until January 1, 2016. This proposal also includes the supply of related delivery equipment at FWA.
The supply of fuel to SMD will also begin effective January 1, 2016.
Proposal details may be obtained on the Authority’s website at www.fwairport.com, Airport Business,
Solicitations & Bidding. Any issued addendums to this bid will be also posted at this site. It will be
the responsibility of interested firms to obtain any and all posted addendums.
Sealed proposals must be submitted to the Fort Wayne-Allen County Airport Authority, 3801
W. Ferguson Road, Suite 209, Fort Wayne, IN 46809, no later than 3 p.m. EDT June 4, 2015. The
outside of the proposal shall be marked “RFP for Aviation Fuel Supplier for Fort Wayne
International Airport (FWA) and Smith Field Airport (SMD).” No RFP will be accepted by
electronic means, all must be received by mail or hand delivered.
All questions must be submitted in writing by email to hakes@fwairport.com by May 21, 2015 @
5:00 P.M. EDT.
The Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all proposers that it will
affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.
The Fort Wayne-Allen County Airport Authority reserves the rights to reject any and all proposals, to
negotiate the terms and conditions of the proposals, to waive irregularities and/or formalities, and to
make an award in the manner as determined to be in the Authority’s best interest.
FORT WAYNE-ALLEN COUNTY
AIRPORT AUTHORITY
_______________________________
Robin R. Strasser, CPA
Director of Administration & Finance
NOTE TO PUBLISHER: Please publish two times in both Fort Wayne Newspapers (Journal Gazette and
News Sentinel) on April 29, 2015 and once on May 6, 2015. An invoice and duplicate proof of
publications may be sent to the address below.
Page 3 of 30
Fort Wayne - Allen County Airport Authority
3801 Ferguson Road, Suite 209
Fort Wayne, Indiana 46809-3142
Laura Hakes
Purchasing Manager
hakes@fwairport.com
260-446-3430
DATE:
April 29, 2015
SUBJECT:
Information Regarding the Authority Board Request
In conjunction with the Fort Wayne - Allen County Airport Authority Board decision to
provide FBO and air carrier related services at Fort Wayne International Airport (FWA) and
Smith Field Airport (SMD), the following Request for Proposals is hereby issued.
The Fort Wayne – Allen County Authority (the “Authority”) is requesting proposals from
qualified aviation fuel suppliers for the provision of Jet-A and 100LL/Avgas to both airport
operations and related delivery equipment for FWA. FWA is a full service air carrier and
general aviation airport that delivers approximately 1,100,000 gallons of general aviation
jet fuel and 60,000 gallons of aviation gasoline annually. There is also over 5,000,000
gallons of jet fuel delivered to scheduled air carriers and cargo operators including
Allegiant, American, Delta, United, UPS and FedEx. The general aviation supplier and
airlines commingle their fuel. SMD is an active general aviation reliever airport that
delivers approximately 8,500 gallons of Jet fuel and 49,000 gallons of Avgas annually.
All requests for clarification, questions or comments must be provided in writing to Laura
Hakes at hakes@fwairport.com prior to the end of business (5:00 PM EDT) on May 21,
2015. Arrangement to visit the fueling facilities may also be made by e-mail or by
contacting Laura Hakes at 260.446.3430.
Thank you for your consideration and interest.
Sincerely,
Laura Hakes
Purchasing Manager
Page 4 of 30
Aviation Fuel Supplier
Due Date: June 4, 2015 @ 3:00 P.M. EDT
1. INSTRUCTIONS FOR PROPOSAL SUBMISSION
1.
Purpose: The purpose of this document is to provide general and specific
information for use by vendors in submitting a proposal to supply the Authority,
with equipment, supplies, and or services as listed in the Scope of Services.
2.
How to Prepare Proposals: All proposals shall
be:
(a)
Prepared in the format containing the information as described in this
proposal.
(b)
Typewritten or completed with pen and ink, signed by the vendor or his
authorized representative, with all erasures or corrections initialed
and dated by the official signing the proposal. Proposers are
encouraged to review carefully all provisions and attachments of this
document prior to completion. Each bid constitutes an offer and may
not be withdrawn except as provided herein. Also, prices are to remain
firm for the period stated herein.
3.
How to Submit Proposals: All proposals shall be:
(a)
Submitted in sealed opaque envelope, plainly marked with “Aviation
Fuel Supplier for Fort Wayne International Airport (FWA) and Smith
Field Airport (SMD)”.
(b)
Mailed or delivered as follows in sufficient time to ensure receipt by the
Purchasing Manager on or before the date and time specified above.
(1) Mailing Address:
Laura Hakes
Purchasing Manager
Fort Wayne-Allen County Airport Authority
3801 W. Ferguson Road, Suite 209
Fort Wayne, Indiana 46809-3142
(2)
Hand Delivery Address:
Same address as above
(3)
4.
RFPs not received by the time and date specified above will not be
opened.
Standards for Acceptance of Proposals for Award Contract: The Authority
reserves the right to reject any or all proposals and to waive any irregularities or
technicalities in proposals received whenever such rejections or waiver is in the
interest of the Authority and in compliance with State laws. Proposals may be
considered irregular if they show omissions, alterations of form, additions not called
Page 5 of 30
for, conditions, limitations, unauthorized alternate proposals, or other irregularities
of any kind. Proposals considered irregular may be rejected by the Authority.
5.
Proposal. Means the solicited submission of information from a prospective
proposer in accordance with the terms of the applicable RFP and applicable law.
Responsive Proposer. A person or entity that has submitted a proposal which
conforms in all material respects to the requirements set forth in the request for
proposals.
Proposer: Whenever the term "Proposer" is used it shall encompass the
"contractor", "purchaser" or other party having a contract with the Authority in
such capacity after a contract has been entered into or between such party and the
Authority.
6.
Compliance with Laws: The Proposer shall obtain and maintain all licenses,
permits, liability insurance, workman's compensation insurance and comply with
any and all other standards or regulations required by Federal, State statute,
ordinances and rules during the performance of any contract between the Proposer
and the Authority. Any such requirement specifically set forth in any contract
document between the Proposer and the Authority shall be supplementary to this
section and not in substitution thereof.
7.
Termination of Contract: The Authority will provide written notice in the event of
breach of contractual obligations to the supplier. If the supplier fails to correct such
breach within 10 days of notification, the Authority may cancel the contract. Should
Authority exercise its right to cancel the contract for such reasons, the cancellation
shall become effective on the date as specified in the notice of cancellation sent to the
contractor.
8.
Terms of Contract: The term of the contract will be for a period of three (3) years
with an option to extend for two (2) additional one (1) year periods. The contract
extensions will be mutually agreed upon between the Authority and the supplier.
9.
Reporting of anti-competitive practices to State. Collusion and other anticompetitive practices among proposers are prohibited by local, state and federal
laws; and Authority, therefore, establishes the following:
(a)
Certification of independent price determination. All proposers shall identify
a person having authority to sign for the proposer who shall certify, in
writing, the language as indicated in Attachment A.
(b)
Compliance with this subsection shall be considered met if the
certification of independent price determination, as provided in Attachment
A, as set forth in an exhibit attached to the offer and appropriate language
incorporating the exhibit into the offer is set forth therein.
(c)
Reporting of anti-competitive practices. When for any reason collusion or
other anti-competitive practices are suspected among any proposers, a
Page 6 of 30
notice of the relevant facts shall be transmitted to the State Attorney General
by the Authority’s General Counsel for investigation.
(d)
By signing and submitting this proposal, Proposer declares that its agents,
officers or employees have not directly or indirectly entered into any
agreements, participated in any collusion or otherwise taken any action in
restraint of free competitive bidding in connection with this proposal. In the
event, said Proposer is found guilty of collusion, the company and agents will
be removed from Authority’s bid list and any current orders will be
canceled.
10.
Authority pays by invoices only under net 30 terms, unless otherwise arranged.
Invoices should be sent to the address noted above.
11.
Request for Proposals are governed and awarded in accordance with the applicable
State of Indiana laws and Fort Wayne-Allen County Airport Authority policies.
12.
Withdrawal and Submission of Modified Proposal: A Proposer may withdraw a
proposal at any time prior to the submission deadline by submitting a written
notification of withdrawal signed by the Proposer or his/her authorized agent.
The Proposer or his authorized agent must, in person, retrieve the entire sealed
submission package. Another proposal may be submitted prior to the deadline.
13.
Qualifications of Contractor and Subcontractor(s): Proposer shall agree to fully
comply with all Authority, state, and federal laws, regulations and ordinances
governing performance of the contract awarded. It will be the responsibility of
the Proposer to obtain any and all necessary permits and/or clearances
necessary for completion of the contract. Proposer shall provide a copy of all
relevant licenses, certifications, including factory-training certificates for major
equipment.
14.
Schedule
Submission time: A bound original and four (4) copies of the proposal are due on or
before June 4, 2015 @ 3:00 P.M. Eastern Daylight Time. A n e l e c t r o n i c c o p y
s h o u l d a l s o b e p r ov i d e d . Submittals shall not be accepted after the date and
time indicated. The schedule of milestones for this proposal process after the
proposal due date is tentative and subject to change.
ITEM
DATE
Release RFP
Last Day for Questions
RFP Responses Due
Evaluation by Selection Committee
Interviews (If Needed)
Presentation of Recommendations to
Authority Board
Contract Negotiations
Page 7 of 30
April 29, 2015
May 21, 2015
June 4, 2015 at 3:00 p.m. EDT
June 5- June 12, 2015
Week of June 22, 2015
July 20, 2015
July 20-August 1, 2015
15.
A register of proposals will be prepared and open for public inspection after contract
award.
2. GENERAL CONDITIONS
2.1
Specifications: Any obvious error or omission in specifications shall not inure to
the benefit of the Proposer but shall put the Proposer on notice to inquire of or
identify the same from Authority. Whenever mention is made of any article,
material, or workmanship to be in accordance with laws, ordinances, building
codes, underwriter's codes, American Society for Testing and Materials (ASTM)
regulations or similar expressions, the requirements of these laws, ordinances,
etc., shall be construed to be the minimum requirements of these specifications.
Some specifications are made from actual samples or prior use.
2.2
Prices to be Firm: Proposer warrants that RFP, terms and conditions quoted in its
submittal will be firm for acceptance for a period of sixty (60) days from the
proposal opening date.
2.3
Completeness: All information required by RFP must be completed and submitted
to constitute a proper proposal. Proposers are cautioned that acquisition of RFP
documents through any source other than the Authority’s website is not advisable.
Acquisition of RFP documents from unauthorized sources places the Proposer at the
risk of receiving incomplete or inaccurate information.
2.4
Default Provision: The contract may be canceled or annulled by Authority in whole
or in part by written notice of default to the Proposer upon non-performance or
violation of contract terms if such default is not corrected within 10 days of
notification. An award may be made to the next vendor, for articles and/or services
specified or they may be purchased on the open market and, the defaulting Proposer
shall be liable to Authority for costs to Authority in excess of the defaulted contract
prices. The Proposer shall continue the performance of the contract to the extent
any part is not terminated under the provisions of this clause.
2.5
Request for Proposals.
(a)
Content of the proposals submitted by competing persons shall not be
disclosed during the process of evaluation and the negotiations.
(b)
Proposals shall be open for public inspection only after the award is made.
(c)
Allowable proprietary or confidential information in accordance with IC 5-229-5, marked as such in each proposal, shall not be disclosed without the
written consent of the proposer.
(d)
Discussions may be conducted with responsible persons submitting a
Page 8 of 30
proposal determined to have a reasonable chance of being selected for the
award. These discussions may be held for the purpose of clarification to
assure a full understanding of the solicitation requirement and
responsiveness thereto.
(e)
Revisions may be permitted after submissions and prior to award for the
purpose of obtaining the best and final offers.
(f)
In conducting discussions with the persons submitting the proposals, there
shall be no disclosure of any information derived from the other persons
submitting proposals.
2.6
Awarding the contract: The contract shall be awarded with reasonable
promptness by appropriate written notice to the highest scored, responsible offer
whose proposal is determined in writing to be the most advantageous to the
Authority, taking into consideration price and the other evaluation factors set forth
in this request for proposals.
2.8
Qualified Vendor: A "Qualified Vendor" is defined for this purpose as one who
meets, or by the date of proposal acceptance can meet, all requirements for
licensing, insurance and service contained within these specifications.
2.9
Compliance with Specifications - Terms and Conditions: The RFP, Legal
Advertisement, General Conditions and Instructions to Proposers, Specifications,
Special Conditions, Vendor's Submittal, Addendum, and/or any other pertinent
documents form a part of this proposal and by reference are made a part hereof.
2.10 Authority to Proceed: The successful Proposer shall not commence work under this
RFP until duly notified by receipt of contract signed as executed by the Executive
Director of Airports. If the successful vendor does commence any work prior to
receiving an official signed contract, the successful firm does so at their own risk.
2.14 Interpretation of Bid/Proposal: No interpretation of the meaning of the Contract
Documents as defined in the General Conditions, nor correction of any apparent
ambiguity, inconsistency, or error therein, will be made to Proposers orally. All
questions must be submitted in writing by email to hakes@fwairport.com by May
21, 2015 @ 5:00 P.M. EDT. Proposers are not to contact any employee of Authority,
agent, consultant or any Board Member during the Bid/RFP process except as
directed above. Failure to comply with this requirement shall be grounds for
disqualification of the Proposer. All such interpretations and supplemental
instructions will posted via Addendum to the Authority’s website at
www.fwairport.com, Airport Business, Soliciations & Bidding, no later than five (5)
working days prior to the last day for submitting RFPs.
Page 9 of 30
3. SCOPE OF SERVICES
The Fort Wayne - Allen County Airport Authority, as operator of FWA and SMD airports, is
requesting proposals for supply of aviation fuel for purchase and resale. It is the intent of
the Authority to have the contract executed and to become effective November 30, 2015,
although commencement of FBO operations at FWA is not scheduled until January 1, 2016.
The supply of fuel to SMD will begin effective January 1, 2016.
Any interested, qualified firm(s) are requested to make a response to accomplish the Scope of
Services described herein. The response must be submitted in the time, manner and form
prescribed.
Each RFP must be submitted in a sealed envelope, and must be plainly marked on the
outside as a RFP for “Aviation Fuel Supplier for Fort Wayne International Airport
(FWA) and Smith Field Airport (SMD)”. and the envelope should bear, on the outside,
the name of the vendor, address and license number, if applicable.
If the RFP is forwarded by mail, or other second party delivery service, the sealed
envelope containing the RFP must be addressed to:
Laura Hakes
Purchasing Manager
Fort Wayne - Allen County Airport Authority
3801 W. Ferguson Road, Suite 209
Fort Wayne, Indiana 46809-3142
No RFP will be accepted by fax, all must be received by mail or hand delivered. Questions
discussed with any other officer, agent or employee of Authority will not be considered
binding in consideration of this proposal and shall not affect the risks or obligations
assumed by the vendor or relieve him from fulfilling any of the conditions of the Contract.
Failure to provide all of the requested information may cause the Proposal to be rejected as
non- responsive. An official authorized to bind the firm to the terms and provisions of the
RFP must sign the original proposal.
After Proposals have been submitted, the vendor shall not assert that there was a
misunderstanding concerning the quantities of work or of the nature of the work to be done.
If an award of contract is made as a result of this solicitation, contract will be made on
the basis of the response which best satisfies the intent of this Request for Proposal and
other factors considered in the best interest of the Authority. The Authority proposes that,
if a contract is entered into for such supplies, the fuel contract will an index/market price
contract if the bidder’s qualifications show i t to be qualified, responsible, and capable of
performing the work. The Authority will consider professional qualifications and related
experience to determine which proposal would be in Authority’s best interest if a contract
Page 10 of 30
were made. The Authority reserves the right to consider proposals or modification thereof
received at any time before the award is made, if such action is in the interest of the
Authority.
The Authority reserves the right to reject any or all statements received as the result of this
request. The Authority also maintains the right to negotiate with any firm, as necessary,
to serve the best interests of Authority. The Authority will not be liable for any costs
incurred by the proposer prior to the signing of a contract.
An official authorized to bind to the terms and provisions of the proposal must sign the
proposal. For a proposal to be considered it must remain valid for at least 60 days from
the proposal opening date .
3.1
General Information.
3.1.1 FWA and SMD are hereafter referred to as the “Airports”.
3.1.2 The Authority operating as the Airport’s fixed base operator (FBO) is hereinafter
referred to as “FBO”. Airport and FBO may be used interchangeably.
3.1.3 Fuel facility/farm is hereinafter referred to as “the Farm”.
3.1.4 The Company proposing to provide the fuel is hereinafter referred to as “Supplier”.
3.1.5 The Airport Fuel Farms consist of the following:
FWA
(3) Fifty thousand (50,000) gallon Jet A above ground fuel tanks
(1) Twenty thousand (20,000) gallon 100LL/Avgas above ground fuel tanks
SMD
(1) Ten thousand (10,000) gallon Jet A above ground fuel tanks
(1) Ten thousand (10,000) gallon l00 LL above ground fuel tanks
3.2
This RFP is for a full service fuel marketer (Supplier) to provide:
3.2.1 Aviation Turbine Fuel - Jet A priced without fuel system icing inhibitor (FSII).
3.2.2 Aviation Gasoline - 100 Octane, Low Lead (Avgas l00LL) or future replacement.
3.2.3 FBO full POS system and equipment support services
3.2.4 Fuel delivery equipment leasing and support services
3.3
Fuel Supplier Qualifications. Fuel Supplier must:
3.3.1 Be a full service marketer providing FBOs a complete package of marketing
support services related to the sale of aviation fuels.
3.3.2 Be a long-term aviation marketer with a minimum of ten (10) years’ experience in
aviation turbine and aviation gasoline fuels.
3.3.3 Have national brand name recognition.
Page 11 of 30
4. FUEL REQUIREMENTS
4.1
Fuel Supply.
Supplier must be able to provide fuel as requested by FBO to include any increases
generated by special events affecting the sale of aviation fuel at Airports. The airlines and
general aviation supplier currently commingle their fuel at FWA. It is the intent of the
Authority to select a single fuel supplier for the supply of fuel for General Aviation use only
to be delivered annually to the Airports. Airlines will select and contract separately for the
purchase of their own fuel which is not part of this agreement. As an indicator of Fuel Farm
requirements, the following represents the estimated number of gallons delivered annually
to the fuel farms at FWA and SMD:
4.2
FWA
General Aviation Jet-A
General Aviation Avgas
Air Carrier Jet-A
Annual Gallons
1,100,000
60,000
5,000,000
SMD
General Aviation Jet-A
General Aviation Avgas
8,500
49,000
Fuel Allocation.
4.2.1 In the event of fuel allocation, not mandated by Federal or Indiana regulations,
Supplier will be required to supply the Farms with the same quantity of fuel
needed for the previous calendar year plus an additional factor of at least twenty-five
(25%) percent:
4.3. Fuel Specifications.
4.3.1 Jet A.
Meet the requirements of ASTM D-1655 (and subsequent revisions). Fuel delivered to
the Farms shall not contain additives.
4.3.2 100LL/Avgas.
Shall meet the requirements of ASTM D-910 (and subsequent revisions). Fuel
delivered to the Farms shall not contain additives.
4.3.3 Quality Control Tests.
The Authority may perform any quality control tests it desires and reserves the
right to reject any delivery it deems unsuitable. Authority maintains the right to
reject any operator/truck violating rules of safety. Supplier will perform and
document the following quality control tests before shipments are delivered at the
Farms: Visual, Color, WSIM (Jet A only), Gaging, Bottom sediment and water,
Temperature, API Gravity, etc.
Page 12 of 30
4.3.4. Supplier is required to follow all NFPA 407 and other applicable safety requirements.
4.3.5. Fuel should be delivered within 24 hours of order with consideration for national
holidays.
5.1
5. FUEL COSTS
The Airports request to obtain Jet A fuel and 100LL/Avgas fuel at the lowest cost
possible.
5.2
Assured supply must be guaranteed along with Supplier’s proposal. A copy of a
proposed contract should be submitted with the proposal as a basis for contract
negotiations.
5.3
Primary supply point Fuel Prices for Jet A will be quoted on a per gallon basis and
shall be based upon a recognized Platt’s index. Fuel Prices quoted in the proposal
shall be based upon the weekly average of the identified Platt’s index plus a per
gallon differential plus a per gallon freight costs. The proposal shall also state the
per gallon total differential. It is expected that the Platt’s average price will be
calculated each Monday (or Tuesday when Monday is a holiday) for the previous
week (Monday through Friday, published trading days only) and will be effective for
the following Tuesday through Monday period. Fuel Prices quoted shall exclude all
taxes, fees, intoplane charges and other fees. Transportation costs, based on full
transport quantities, shall be detailed as listed in section 6. In addition to the Fuel
Prices, Supplier must provide an itemized list of all applicable taxes and fees.
5.4
Alternate supply points for Jet A or 100LL fuel must be the same price or lower
than the primary supply point price including freight, but exclusive of all taxes and
fees. Supplier will insure any cost savings created by using an alternate supply point
are passed on to the Authority.
5.5
Authority requests that Supplier provide cost associated with Airports purchasing
fuel without FSII pre-mixed at the terminal. We will not purchase fuel with additives.
5.6
Transportation and operational cost increases/decreases from the primary supply
points will be passed through with documentation during the term of the contract.
5.7
Supplier’s proposal should completely explain their pricing method.
5.7.1 Airport request that jet fuel pricing be tied (indexed) to;
a.
Jet Fuel. Pricing to be based on previous week’s Platt’s, with a designated
index indicated by the Supplier.
b.
100LL fuel: Pricing to be based on the “market place”.
5.7.2 Suppliers will provide a competitive Jet fuel price as of June 2, 2015 based on the
identified Platt’s index for the week of May 25, 2015 and a competitive price for
AvGas market price as of June 2, 2015 based on a delivery date of June 2, 2015.
Page 13 of 30
6. FUEL COST PROPOSAL REQUIREMENTS
6.1
Supplier’s proposal should explain:
a.
Method of determining fuel price.
b.
Timing of price changes.
c.
Method of conveying price changes to Airports.
d.
Method of maintaining same level of profit throughout contract term as
identified on comparison price date.
6.2
Supplier’s primary supply point jet fuel proposal should identify separately the
identified Platt’s index price per gallon and Supplier’s offered price per gallon on base
price date. Supplier should also itemize transportation costs per gallon (based on full
transport load), and taxes per gallon offered to Airports on the effective base price
date.
6.3
Supplier’s primary supply point 100LL fuel proposal should identify separately the
“market place” price per gallon and Supplier’s offered price per gallon on the base
price date. Supplier should also itemize transportation cost per gallon (based on full
transport load), and taxes per gallon offered to Airports on the effective base price
date.
6.4
Supplier’s should provide competitive fuel pricing in the following format:
Price Effective
Jet A
, 2015
Previous week’s Platt’s Index
100LL
$
Marketplace
N/A
N/A
$
Supplier’s offered price per gallon exclusive of
all other costs
$
$
Transportation cost per gallon
$
$
Total per gallon delivered cost including
transportation and excluding FSII and tax
$
$
Tax per gallon Type:
$
$
Tax per gallon Type:
$
$
Tax per gallon Type:
$
$
Page 14 of 30
Tax per gallon Type:
$
$
Tax per gallon Type:
$
$
Other, per gallon cost:
$
$
7.
SUPPLIER QUALIFICATIONS AND PROPOSAL SPECIFICATIONS
7.1
Supplier should have a strong and proactive history of affiliation with FBOs.
7.2
Supplier must be a long-term aviation marketer with a minimum of ten (10) year’s
experience with aviation turbine and aviation gasoline fuels.
7.3
Supplier and Supplier’s products must have national brand name recognition.
7.4
Supplier should identify the number of branded FBOs
7.5
Supplier should provide a list of airport/FBO references to include contact name(s)
and telephone number(s).
7.6
Supplier Marketing Support.
Supplier must be a full service marketer providing a complete package of FBO
marketing support services related to the sale and dispensing of aviation fuels,
including, but not limited to, such areas as:
7.6.1 National Advertising. Supplier’s program should be proactive and aggressively
provide national advertising specifically supporting t h e Airports and FBO. Proposal
should describe:
a.
Supplier’s national advertising program including trade journals and
magazines.
b.
Supplier should identify frequency of advertisements dedicated to t h e
Authority and FBO and identify associated costs.
7.6.2 Sales Volume Incentive Program. Supplier should provide a Sales Volume Incentive
Program. Program must be cost effective with potential for generating new and repeat
business. Supplier’s proposal should:
a.
Fully identify and outline its program.
b.
Include a copy of a current advertising.
c.
Include a description of pilot participation.
7.6.3 Co-operative Advertising Program. Supplier should provide a flexible co-operative
advertising program for promotion of fuel sales and FBO. Supplier proposal should:
a.
Provide details of how credit is applied and maintained.
b.
Address special project or local advertising costs restrictions.
c.
Describe Supplier Support available for FBO advertisement setup and
design, i.e., advertising and marketing assistance with advertisements.
Page 15 of 30
7.7
Credit Card Processing Program Integration with FBO software. Supplier’s credit card
processing system should be fully compatible and integrate with a variety of FBO
software programs.
7.8
Supplier Point of Sale (POS) system.
a.
b.
7.9
POS program should use a nationally recognized credit card processing
program capable of electronically processing credit cards with monies returned
to Authority electronically within 48 hours.
POS system should consist of two terminals and two associated printers (or PC
based alternative) at FWA and one terminal and one associated printer at SMD.
The POS system should process the following credit cards: internationally
recognized Supplier retail credit cards, Mastercard, Visa, American Express,
MultiService, Discover, Diners Club, and limited Government Cards. Supplier
should list all credit cards accepted by Supplier POS system and associated
credit card processing fees.
c.
POS system should provide daily detail settlement reports and receipts.
d.
Supplier should identify cost to provide POS equipment and supplies to FBO.
Airports require three POS systems including printers.
Professional Line Service Training Program. Affiliation with and support of an
FBO Professional Line Service Training Program. Supplier’s proposal should describe:
a.
Affiliation with and support of industry-associated program dedicated to
training FBO personnel. Program should contain live action video and on-line
workbooks specific to at least the following areas:
(1) Ground Servicing
(2) Safety
(3) Refueling of Piston Aircraft
(4) Refueling of Turbo Prop Aircraft
(5) Refueling of Jet Aircraft
(6) Aircraft Towing
(7) Fuel Farm Management/Fuel Quality Control
(8) Customer Service
(9) Fire Safety
(10) Security
b.
Description of training program and frequency of training.
c.
Date of training program revision. Program should be current and revised
completely within the last two (2) years.
d.
Airports/FBO costs to participate in program.
7.10 Fuel Quality Control Program. Supplier’s proposal should address:
a.
Quality Control Manuals.
b.
On-site quality control training program(s).
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c.
Frequency and availability of inspections/audits and items to be inspected
which result in written documentation of findings and recommendations:
(1) Fuel Farm.
(2) Fuel Trucks
(3) Qualifications of inspectors employed by Supplier or contracted.
d.
Cost of inspections/audits to the Authority
7.11 Fueling Agent Supervisor Training. FBO supervisor training meeting requirements
specified in Title 14, Part 139, Paragraph 139.321. Supplier’s proposal should
address:
a.
Training available and approved by FAA.
b.
Description of training, frequency and location of training
7.12 Cost to Authority for Fuel Truck Lease Program. Supplier’s proposal should address:
a.
Description of lease of new and/or used vehicle programs.
b.
Description of Supplier’s fuel trucks normally available for lease in the
following approximate fuel capacities. Trucks must be state or art and meet
industry standard with FSII injection option as the additive will be added at the
truck when required for general aviation.
Avgas
Jet A
750 Gallons
3,000 Gallons
1,000 Gallons
5,000 Gallons
7,000 Gallons
c.
(1)
Typical lease costs, model year and sizes of truck availability - Jet
A and Avgas. Lease costs should be provided for the initial three
year period and the two one-year renewal options.
(2)
Flexibility to change leased fuel truck size during term of lease.
The Authority initially intends to lease the following:
Avgas
Jet A
One (1) 1,000 Gallon
Two (2) 5,000 Gallon
One (1) 7,000 Gallon
d.
Supplier’s willingness/ability to provide fuel trucks, built to Supplier’s
specifications, for Airport purchase at manufacturer’s cost plus minimum
administrative expense. Supplier’s proposal shall identify their administrative
expense markup to manufacturers cost.
e.
Supplier provided/funded maintenance on leased/purchased vehicles.
Supplier’s policy on allowing qualified outside contractors to perform
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necessary maintenance, inspections, etc., on leased fuel trucks when time limits
require expedited service.
f.
Supplier willingness to custom build, through outside contractor
relationships, 5,000 gallon or other size Jet A fuel truck if requested.
g.
Supplier’s ability to supply relief fuel trucks, as needed to meet special events
(golf tournaments, special events and/or military exercises).
7.13 Aviation Convention Brand Representation. Supplier should describe brand
representation at the NBAA National Convention, Schedulers and Dispatchers
Conference, and other NBAA events and allow for booth participation for FBO at one
or more events. Identify Supplier’s trade show participation.
7.14 Supply Contracts. Supplier should identify existing supply contracts and programs
with airlines, charter aircraft companies, and other contract customers.
7.15 Product Assurance Guarantees. Supplier’s proposal should address:
a.
Fuel specification. Contract must state that fuel meets ASTM specifications
(1) Avgas 100LL - ASTM D-910
(2) Jet A - ASTM D-1655
b.
Traceability of fuel product shipments, from refinery to Farm.
c.
Handling and disposition of “off spec” products.
d.
Transportation of product via Supplier approved fuel carriers. Authority
requests transportation units that are dedicated to aviation fuel.
e.
If Supplier is unable to provide dedicated aviation fuel transports, Supplier/
transporter will provide documentation detailing what was previously
transported in the delivery vehicle and method of cleaning.
f.
Statement that product does/does not contain systems icing inhibitor or
electrical conductive additives.
g.
Documentation of pre-delivery testing.
7.16 Aviation Industry Participation. Supplier’s proposal should address its participation
in aviation industry organizations such as the NATA and NBAA. Participation must be
in the form of active committee relationships, not just financial contributions.
7.17 Line of Credit. Supplier’s proposal should address how it will provide an adequate
line of credit with functional credit terms with or without discount and without
penalty to the Airport.
7.18 Brand Identification. Supplier’s proposal should address how it will provide and
install brand identification (FBO signage and fuel truck/tanker painting/decals as
required) at no cost to Airport/FBO.
7.19 Account Manager. Supplier’s proposal should address how it will provide an
Account Manager whose total interest and function are aviation related. Please
provide a resume outlining the account manager’s experience.
7.20 Administrative Support. Supplier’s proposal should address how it will provide
administrative support relative to Supplier/Airport relationship.
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7.21 Other Services. Supplier’s proposal should address any other services or incentives it
provides that are not listed above. Also, list any future investment, such as fuel farm,
ground support equipment, etc., or any other investment the Supplier might
consider relevant to providing fuel services to the Airport.
7.22 Technical Expertise. Supplier must demonstrate that it can provide technical
expertise and have available proprietary laboratory support for fueling supplies.
7.23 Supplier Restrictions.
a.
Supplier may not impose retail/wholesale credit card related
discount/rebate programs that require Airport/FBO’s participation or funding.
b.
Supplier may not impose retail/wholesale purchase programs, customer
volume discount programs, or contract fuel price programs requiring
Airport/FBO’s participation or funding.
8. PROPOSAL INFORMATION AND REQUIREMENTS
8.1
Business Address: Proposers shall furnish their business street address. Any
communications directed either to the address so given, and deposited in the U.S.
Postal Service by Certified Mail, shall constitute a legal service thereof upon the
Proposer.
8.2
Proposal Format and Contents: For ease of review and to facilitate evaluation, the
proposals for these services should be organized and presented in the order
requested as
follows:
Cover Page: Indicate the name of the firm and that the RFP is for the
following: "Aviation Fuel Supplier for the Fort Wayne -Allen County
Airport Authority "
Section I - Organizational Information: Provide specific information concerning the
firm in this section, including the legal name, address and telephone number of your
company and the type of entity (sole proprietorship, partnership, or corporation and
whether public or private). Include the name and telephone number of the person(s) in
your company authorized to execute the proposed contract. If two or more firms are
involved in a joint venture or association, the proposal must clearly delineate the
respective areas of authority and responsibility of each party. All parties signing the
Agreement with the Authority must be individually liable for complying with the terms
of the contract even when the areas of responsibility under the terms of the joint
venture or association are limited. All proposals submitted by a joint venture must
name the lead agency who will act on behalf of the collaborating businesses.
Section II - Management Capabilities and Experience: Provide specific
information in this section concerning the Proposer's experience in providing the
services specified in this RFP.
Section III - Financial Information: Provide financial information about Proposer’s
current business and past business activities. The Proposer should submit two years of
certified financial statements that include a balance sheet, income statement and
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statement of cash flow, and all applicable notes for the most recent calendar year or
the Proposer’s most recent fiscal year. Also, provide at least three (3) business
references (businesses or individuals), including names, addresses, telephone numbers,
and email address.
Section IV – Discuss Proposer's Concept and Operation plans, including:
(1) Fuel cost/ pricing methodology as decribed in Sections 5 & 6.
(2) Truck leases/costs as detailed in section 7.
(3) Proposer’s ability to provide equipment and services specified in this RFP to
include all areas requested in section 4 & 7.
(4) Additional information, proposals, or incentives for airport consideration.
(5) Marketing and Industry Promotional Programs
(6) Other factors regarding the Proposer’s ability to provide services
required under the RFP.
Section V – Include any other information believed by Proposer to be pertinent but
not required. Include the written language referenced in Attachment A, as well as a
proposed contract to serve as a basis for negotiations.
8.3
Disposition of Proposals and Proprietary Data: All materials and information
submitted in response to this RFP become the property of the Authority. Any and all
Proposals received by the Authority shall be subject to public disclosure and inspection
after contract award. Trade secrets and proprietary information which the supplier
desires to remain confidential shall be clearly marked and readily separable from the
Proposal in order to facilitate public inspection of the non-confidential portion of the
Proposal. An all-inclusive statement that the entire proposal is proprietary is
unacceptable. Pricing offered to the Authority may not be considered proprietary.
The Authority will endeavor to restrict distribution of material designated as
confidential or proprietary to only those individuals involved in the review and
analysis of the Proposals. Proposers are cautioned, however, that materials
designated as confidential may nevertheless be subject to disclosure. Proposers are
advised that the Authority does not wish to receive confidential or proprietary
information and that Proposers are not to supply such information except when it is
absolutely necessary. If any information or materials in any Proposal submitted is
labeled confidential or proprietary, the Proposal shall include the following clause:
(legal name of Proposer) shall indemnify, defend and hold harmless the
Authority Board, its officers, agents and employees from and against any request,
action or proceeding of any nature and any damages or liability of any nature,
specifically including attorneys' fees awarded under the Indiana Open Records Act
arising out of, concerning or in any way involving any materials or information in this
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proposal that (legal name of Proposer) has labeled as confidential, proprietary or
otherwise not subject to disclosure as a public record.
9. SELECTION PROCESS
9.1
Selection Committee. A selection committee shall convene for the purpose of
evaluating the proposals. The Selection team will evaluate the responses to the
RFP, verify the information presented, and conduct oral interviews, as deemed
appropriate. This process will result in the selection of the successful Proposer
who, through contractual agreements, will undertake the scope of work.
9.2
Preliminary negotiations. Discussions with the Proposers and technical revisions to
the proposals may occur. Discussions may be conducted with the responsible
Proposers who submit proposals for the purpose of clarification and to assure full
understanding of, and conformance to, the solicitation requirements. Proposers shall
be accorded fair and equal treatment with respect to any opportunity for
discussions and revision of proposals and such revisions may be permitted after
submission and prior to award for the purpose of obtaining best and final offers. In
conducting discussions, there shall be no disclosure of information derived from
proposals submitted by competing Proposers.
9.3
Final negotiations and letting the contract. The Committee shall rank the
proposals. Award shall be recommended to the most responsible Proposer whose
proposal is determined to be the most advantageous to Authority, taking into
consideration price and the evaluation factors set forth in the request for
proposals.
9.4
Evaluation of Proposals
All proposals received by the specified deadline will be reviewed by the Selection
Committee. After initial screening, the Evaluation Committee may select those
Proposers deemed most qualified for this contract opportunity for further evaluation
and interviews as part of the final selection process. Proposers are advised that
Authority, at its option, may award a contract strictly on the basis of the information
contained in the proposals. The Proposer(s) selected by the Selection Committee will
be recommended to the Authority Board to enter into a contract, but the Authority
Board is not bound to accept the recommendation or award the contract to the
recommended Proposer(s). It is Authority’s intent to award the contract to the most
qualified and responsible Proposer(s) who provides the best overall proposal(s) in
Authority’s sole discretion.
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PROPOSAL EVALUATION WEIGHTING CRITERIA
1
Completeness of the Proposal as requested of the Proposers in the RFP
5%
2
Proposer’s qualification and experience
15%
3
Cost Proposal
30%
4
Proposer's reputation, and references
15%
5
Proposer's Operational Concept and Marketing Programs
25%
6
Any other factors the Selection Committee deems relevant, including,
but notlimited to:
a) The ability, capacity, and skill of the Proposer to perform the
contract or provide the services required;
b) The capability of the Proposer to perform the contract or provide
the service promptly or within the time specified, without delay or
interference;
c) The character, integrity, reputation, judgment, experience, and
efficiency of the Proposer;
d) The quality of performance on previous contracts;
e) The previous and existing compliance by the Proposer with laws
and ordinances relating to the contract or services;
f) The sufficiency of the financial resources of the Proposer
relating to his ability to perform the contract; and
The quality, availability, and adaptability of the supplies or
services to the particular use required.
Total
10%
100%
9.5
Award will be based on the overall highest ranked proposal score. Should Authority,
in its sole discretion, determine that a secondary award is required, award will be
to the second highest ranked Proposer.
9.6
Authority may, during the evaluation process, request from any Proposer additional
information, which Authority deems necessary to determine the Proposer's ability
to perform the required services. If such information is requested, the Proposer
may be permitted upto five (5) working days to submit the information requested.
9.7
Authority may also request clarification from a Proposer on any item. Authority
reserves the right to select the Proposal which in its sole judgment best meets the
needs of the Airport.
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9.8
All Proposers responding to this RFP will be notified of their selection or nonselection i n writing after the Authority Board has formally made an award.
9.9
No Authority Board Members or employees will participate in the selection process
when such person has a relationship with a person or business entity submitting a
proposal. Any person or business entity submitting a proposal who has such a
relationship with an Authority Board Member, Selection Committee Member or
employee who may be involved in the selection process shall advise the Airport of
the same.
9.10 Any person or business entity which engages in practices which might result in
unlawful activity relating to the selection process including, but not limited to,
kickbacks or other unlawful consideration paid to any Authority Board Member,
Selection Committee Member or employee, shall be disqualified from the selection
process.
9.11 Solicitation Caveat: The issuance of this solicitation does not constitute an award
commitment on the part of Authority, and Authority shall not pay for costs incurred
in the preparation or submission of Proposals. Authority reserves the right to
reject any or all proposals or portions thereof if Authority determines that it is in
the best interest of them to do so.
9.12 Failure to furnish all information requested or to follow the format requested
herein, or the submission of false information, may disqualify the Proposer, by the
sole discretion of Authority. Authority may waive any deviation in a proposal.
Authority's waiver of a deviation shall in no way modify the RFP requirements nor
excuse the successful Proposer from full compliance with any resultant agreement
requirements or obligations.
9.13 Form of Agreement: No agreement with Authority is in effect until a contract has
been signed by both parties. A contract will be drafted after the selection of a
Proposer which shall incorporate the proposal documents submitted and such
additional terms and conditions as negotiated between the parties. Such agreement
shall also contain Authority’srequired contract terms and conditions.
9.14 Statutes and Rules: The terms and conditions of this RFP, and the contract signed
by the successful Proposer, shall conform to all applicable statutes, rules and
regulations of the federal government, the State of Indiana and Authority.
9.15
Contractors who will be working, unescorted within the Airport Operation Area (AOA),
Security Identification Display Area (SIDA), or Sterile (Passenger Boarding Areas) of
the airport will be required to obtain an airport issued access control media.
All individuals working in these areas will be subject to completing a favorable security
background check, including but not limited to a Fingerprint based Criminal History
Records Check (CHRC) conducted through the FBI and/or Security Threat Assessment
(STA) conducted by the Department of Homeland Security. Also a 45 minute training
Page 23 of 30
session may be required. The cost for this access control media is $60.00 and will take
between 7-10 working days to complete. Applications are available at the Airport
Authority Office or online at www.fwairport.com. This process is completed by the
Airport Authority’s Public Safety Department 260-747-2624. Identification documents
for anyone requesting access control media will be taken from the Department of
Homeland Security’s “approved documents list.” This list can be found on the Airport’s
website. Any other type of documents will not be accepted.
Escorting privileges may be granted within these secured areas. Escorting will be done
with a 5:1 ratio. One (1) badged individual may escort up to five (5) unbadged
individuals. These escorted individuals must be under the positive control of their
escort at all times. The escort must have communication to the Public Safety
Department and report any loss of control immediately, even if that control becomes
re-established. Escorting privileges are granted on a case by case basis. Escorting
privileges are clearly identifiable on the media once granted. Anyone who will be
working under escort in secured areas shall have their names submitted to the Airport
Authority on the prime or sub-contractor company’s letterhead stating, “the employing
company has completed a favorable five (5) year pre-employment history or the listed
individuals have favorably worked for the contractor for five (5) years.”
Driving privileges on the AOA will require additional training and testing. This
information can be found on the Airport’s website. In addition to the testing, a practical
ride along with a trained airfield driver is also required to be completed. Airfield
driving privileges will be considered on a case by case basis. Airfield driving privileges
are also clearly identifiable on the media itself once granted.
Lost badge fees will be applied as necessary in accordance with the Airport’s Rates and
Charges.
Airport issued media must be displayed on the outside of any garment above the
waist at all times when working in these areas.
All safety and security measures are subject to change without notice and may require
immediate action by the contractor at any time.
The Contractor assures that no action by his operations will cause or create a
security/safety violation of the following:
 Airport Certification Manual
 Transportation Security Administration Regulations Part 1542 -Airport
Security
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

FAR Part 139 - Certification and Operations - Land airports serving Certificated
Air Carriers
Indiana State and Local Laws or Fort Wayne-Allen County Airport Authority
Ordinances
Copies of these regulations and manuals are available at the owner’s office upon
request.
10. TERMS AND CONDITIONS OF CONTRACT
10.1
Upon conclusion of the RFP process, the Authority will make a recommendation to the
Airport Board regarding the selection based upon the evaluation of the Proposals. The
Authority shall enter into a contract negotiations with the awarded Proposer(s). The
Proposer(s) shall enter into a contract in substantial conformity with the selected
Proposal and and contain Authority’s required contract terms and conditions (some
Attachment B). If contract negotiations result in an impasse, the Authority will begin
negotiations with the second ranking firm.
10.2
All agreements will require the Proposer to adhere to the terms of its proposal and
to act in accordance with all applicable laws and regulations.
10.3
The contract shall not be binding or valid with Authority unless and until it is executed
by authorized representatives of Authority.
10.4
INSURANCE REQUIREMENTS. The selected Proposer(s), at Proposer's sole cost and
expense and for the full term of the contract including any extension thereof, shall
obtain and maintain, at a minimum, all of the insurance requirements outlined below:
10.4.1
Supplier must provide Comprehensive Broad Form General Liability to
include Products and Completed Operations Liability coverage of at least $50,000,000
per occurrence. Such coverage shall additionally include Combined Single Limit for
Bodily Injury Liability and Property Damage Liability including Premises and
Operations; Hangarkeepers; Independent Contractors; Products and Completed
Operations and Contractual Liability (insuring Indemnity provision within this
contract).
10.4.2
Airport should be added as an additional named insured and be given a
30-day notice of any cancellation or policy changes throughout the term of the
agreement. Supplier should describe any other insurance programs provided as a part
of Supplier’s program.
10.4.3
Business Auto Liability: Coverage shall have minimum limits of
$5,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include: Owned Vehicles, Hired, and Non-Owned
Vehicles and Employee Non-Ownership.
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10.4.4
Workers Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws. The
coverage must include Employers’ Liability with a minimum limit of $500,000 for
each accident.
10.4.5
Pollution Liability: Pollution coverage shall be carried in limits of not
less than $5,000,000 for per occurrence
10.5 The finalized Contract shall include all applicable contract clauses as required by and
provided for by the Authority and State of Indiana.
Page 26 of 30
Attachment A
Non-Collusion of Prime Bidder/Proposer
By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of
its knowledge and belief:
(a) The prices in the proposal have been arrived at independently without collusion,
consultation, communications, or agreement, for the purpose of restricting competition,
as to any matter relating to such prices with any other vendor or with any competitor.
(b) Unless otherwise required by law, the prices, which have been quoted in the
proposal, have not been knowingly disclosed by the vendor prior to opening, directly or
indirectly, to any other vendor or to any competitor.
(c) No attempt has been made, or will be made, by the vendor to induce any other
person, partnership or corporation to submit or not to submit a proposal for the purpose
of restricting competition. Collusions and fraud in bid preparation shall be reported to the
State of Indiana Attorney General and the United States Justice Department.
Conflict of Interest
By submission of a bid, the responding firm certifies, under penalty of perjury, that to the
best of its knowledge and belief:
1. No circumstances exist which cause a Conflict of Interest in performing the services
required by this RFP, and
2. That no employee of the Authority, nor any member thereof, not any public agency or
official affected by this RFP, has any pecuniary interest in the business of the responding firm
or his sub-consultant(s) has any interest that would conflict in any manner or degree with
the performance related to this RFP.
By submission of a bid, the vendor certifies under penalty of perjury, that to the best of
its knowledge and belief:
(a) The prices in the bid have been arrived at independently without collusion,
consultation, communications, or agreement, for the purpose of restricting competition,
as to any matter relating to such prices with any other vendor or with any competitor.
(b) Unless otherwise required by law, the prices which have been quoted in the bid have
not knowingly been disclosed by the vendor prior to opening, directly or indirectly, to
any other vendor or competitor.
(c) No attempt has been made, or will be made, by the vendor to induce any other
person, partnership or cooperation to submit or not to submit a bid for the purpose of
restricting competition. For any breach or violation of this provision, the County shall
have the right to terminate any related contract or agreement without liability and at its
discretion to deduct from the price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, payment or consideration.
Page 27 of 30
Attachment B
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Statutes and
Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during
the contract, will not discriminate on the grounds of race, color, or national origin in
the selection and retention of subcontractors, including procurements of materials and
leases of equipment. The contractor will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations, including employment
practices when the contract covers any activity, project, or program set forth in
Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made by
the contractor for work to be performed under a subcontract, including procurements
of materials, or leases of equipment, each potential subcontractor or supplier will be
notified by the contractor of the contractor’s obligations under this contract and the
Acts and the Regulations relative to Non-discrimination on the grounds of race, color,
or national origin.
4. Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the sponsor or the Federal Aviation Administration
to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.
Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the contractor will so certify to
the sponsor or the Federal Aviation Administration, as appropriate, and will set forth
what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the
Non-discrimination provisions of this contract, the sponsor will impose such contract
sanctions as it or the Federal Aviation Administration may determine to be
appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor
complies; and/or
Page 28 of 30
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened
with litigation by a subcontractor, or supplier because of such direction, the contractor
may request the sponsor to enter into any litigation to protect the interests of the
sponsor. In addition, the contractor may request the United States to enter into the
litigation to protect the interests of the United States.
Page 29 of 30
INDIANA LEGAL EMPLOYMENT DECLARATION
The State of Indiana has enacted a law (I.C. 22-5-1.7) requiring the Fort Wayne-Allen
County Airport Authority to require the following before renewing or entering into contracts
for services:
This Declaration serves as notice that all Contractors performing services must, as a
term of their contract:
1.
2.
Enroll in and verify the work eligibility status of newly hired employees of the
contractor through the E-Verify programs (but is not required to do this if the
E-Verify program no longer exists); and
Verify, by signature below, that the Contractor does not knowingly employ
unauthorized aliens.
By signing below, this affidavit becomes a part of and is incorporated into any contract
for services that your firm currently has with the Fort Wayne-Allen County Airport Authority.
I, __________________________, a duly authorized agent of ____________________(name of Company),
declare under penalties of perjury that __________________________(name of Company) does not
employ unauthorized aliens to the best of its knowledge and belief.
__________________________
(Name of Company)
By:________________________
(Authorized Representative of Company)
Subscribed and sworn to before me on this ___________day of ______________, 20___.
My Commission Expires: _________________
County of Residence: ___________________
_____________________________________
Notary Public – Signature
_____________________________________
Notary Public – Printed Name
PLEASE SEE http://www.uscis.gov/e-verify FOR INSTRUCTIONS AND ELECTRONIC
REGISTRATION FOR E-VERIFY.
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