IFB 26-2519 Rental Car Connector.pdf

CAPITAL REGION AIRPORT COMMISSION RICHMOND

INTERNATIONAL AIRPORT

INVITATION FOR BID

IFB NUMBER: 26-2519

TITLE: Rental Car Connector

ISSUE DATE: August 24, 2026

PRE-BID MEETING: Wednesday, September 2, 2026, 10:00 am

DEADLINE FOR QUESTIONS: Tuesday, September 8, 2026, 4:00 pm

DEADLINE FOR AGENCY

RESPONSES:

Friday, September 11, 2026, 4:00 pm

SEALED BIDS DUE:

(Electronic or Paper Submission)

Electronic Submission:

Paper Bids shall be elivered to:

Thursday. September 24 @ 3:00 pm eVA website: https://eva.virginia.gov

Capital Region Airport Commission1 Richard E. Byrd Terminal Drive, Suite C

Richmond International Airport, VA 23250 ATTN: Procurement Department

SEALED BID OPENING:

Thursday, September 24, 2026 @ 4:00 pm

Microsoft Teams Meeting

ISSUING AGENCY:

CAPITAL REGION AIRPORT COMMISSION

1 RICHARD E BYRD TERMINAL DRIVE, SUITE C

RICHMOND INTERNATIONAL AIRPORT, VA 23250

All inquiries resulting from this solicitation should be addressed to Amanda McCaffrey, Procurement Specialist, amccaffrey@flyrichmond.com by Tuesday, September 8, 2026, at 4:00 p.m. to be considered. It is anticipated that responses will be published to eVA on Friday, September 11, 20266, at 4:00 p,m. Direct contact by a bidder concerning this solicitation with any other airport representative is prohibited, unless it is otherwise noted in this document. Unauthorized communications may result in the disqualification of the bidder from this procurement.

Signing below certifies the signer is an authorized representative of the Bidder and agrees to abide by all terms and conditions of the Invitation for Bids. This page must be returned with the Bid Form.

Complete Legal Name of Firm: ________________________________________________________ Address: _______________________________________________________ Signature: __________________________________ Email: _________________________ Name (type/print): ___________________________ Title: ______________________________

This public body does not discriminate against faith-based organizations or a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state or federal law relating to discrimination.

https://eva.virginia.gov/index.html

TABLE OF CONTENTS

This IFB consists of the cover pages, and

*Issued as separate documents and incorporated by reference.

SECTION TITLES & ATTACHMENTS PAGE

SECTION I – PURPOSE 3

SECTION II – INFORMATION & INSTRUCTIONS TO BIDDERS 3

SECTION III – SPECIFICATIONS & PLANS 6

SECTION IV - DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICIES AND

REQUIREMENTS 7

SECTION V – TERMS AND CONDITIONS 13

SECTION VI – QUALIFICATIONS OF BIDDERS 31

SECTION VII – SECURITY REQUIREMENTS 32

SECTION VIII – MANDATORY FEDERAL SOLICITATION PROVISIONS 33

SECTION IX – BID FORM 37

ATTACHMENT A - STATE CORPORATION COMMISSION (SCC) FORM 41

ATTACHMENT B – CERTIFICATION ON NON COLLUSION 42

ATTACHMENT C – BID BOND 43

ATTACHMENT D – LABOR AND MATERIAL PAYMENT BOND 44

ATTACHMENT E – PERFORMANCE BOND 46

ATTACHMENT F – REFERENCE FORM 48

ATTACHMENT G – LETTER OF INTENT 49

ATTACHMENT H – GOOD FAITH EFFORTS 51

ATTACHMENT I – BIDDERS LIST 52

ATTACHMENT J – FORM SO-1A 53

ATTACHMENT K – PARTICIPATION FORM 59

ATTACHMENT L – NO BID RESPONSE 60

EXHIBIT A – PROJECT MANUAL *

EXHIBIT B – PROJECT DRAWINGS *

I: INTRODUCTION

A. PURPOSE

The intent and purpose of this Invitation for Bid is to solicit bids from qualified, experienced, and licensed companies to provide all labor, supervision, equipment, tools, materials, and incidentals necessary for the construction of a two-story connector between the Terminal Building and the Rental Car Garage.

All work shall be performed in accordance with the specifications, construction drawings, and local code.

AOA Airport-issued ID Badge is Not Required

B. BACKGROUND

The Capital Region Airport Commission, a political subdivision of the Commonwealth of Virginia (herein referred to as the “Commission”), invites interested, qualified firms to submit bids for the Rental Car Connector project at the Richmond International Airport (herein referred to as “Airport”). The services will be administered by the Commission’s President and Chief Executive Officer and designated staff and will commence following the execution of a contract.

II: INFORMATION AND INSTRUCTIONS TO BIDDERS

A. OBTAINING BID DOCUMENTS

Bid documents are published on eVA at https://eva.virginia.gov/, under Business Opportunities and then clicking on Virginia Business Opportunities (VBO) and are available for download from this website.

For reference purposes, bid documents may be viewed at the Procurement Office, 1 Richard E.

Byrd Terminal Drive, Suite C, Richmond International Airport.

The bidder shall be responsible for ensuring that all drawing sheets and specification sections listed in the table of contents are included in the bid documents and that they are legible.

Coordination of specification sections, trades, and subcontractor scopes of work is the sole responsibility of the bidder.

B. QUESTIONS CONCERNING BID

If any prospective bidder has questions about this Invitation to Bid, the specifications, or the bidding process, the bidder must submit those questions in writing to Amanda McCaffrey by e-mail at amccaffrey@flyrichmond.com. All questions must be received no later than 4:00 pm on Tuesday, September 8, 2026. The responses to submitted questions will be provided in the form of addenda published on Virginia’s Marketplace website: https://eva.virginia.gov/, no later than 4:00 pm on Friday, September 11, 2026, at 4:00 pm. Any revisions to this Invitation for Bid will be made only by an addendum issued by the Commission. It is the bidder’s responsibility to make sure the bidder receives all addenda.

https://eva.virginia.gov/index.html https://eva.virginia.gov/, https://eva.virginia.gov/, https://eva.virginia.gov/, C. PRE-BID CONFERENCE

A non-mandatory Pre-bid Meeting is scheduled for Thursday, September 2, 2026, at 10:00 am in the Commission’s North Conference Room (second floor, adjacent to the north end ticket counter), Airport Terminal Building, 1 Richard E. Byrd Terminal Drive, Richmond International Airport, VA 23250. A site visit will be available for all companies interested in submitting a bid immediately following the Pre-bid meeting. Bidders are strongly encouraged to have representation at this meeting. It is recommended that all bidders attend this meeting to gain a thorough understanding of the project; however, attendance is not mandatory to submit a bid on this project. The pre-bid meeting will also be broadcast via live stream through the Microsoft Teams application. Bidders may participate in the pre-bid meeting by using the sign-in information provided below.

Microsoft Teams Meeting Details:

To join the meeting and view any documents shared by the Capital Region Airport Commission from your computer, please see the following link(s)

Microsoft Teams Pre-Bid Conference

Join: https://teams.microsoft.com/meet/264584647451637?p=nVdT1KLDHY8mINksnY Meeting ID: 264 584 647 451 637 Passcode: uq3jF73u

Need help? | System reference Dial in by phone +1 321-754-9474,,789273838# United States, Orlando Find a local number Phone conference ID: 789 273 838#

D. BID SUBMISSION REQUIREMENTS

1. Bid Form: Each bidder shall submit a completed Bid Form and other bid requirements as outlined. No erasures shall be permitted. Errors and other changes shall be struck through with a single line and initialed. Bids shall be furnished on a lump sum bid basis as called for in the Invitation for Bid, in numerical figures and written dollar amounts.

The written word shall take precedence. Figures shall be written in ink or typed.

2. Submission: The Bid Form shall be signed by the Bidder or by an authorized representative of the Bidder and enclosed along with other bid requirements. Any additional information the bidder wishes to include must be submitted with the bid documents. The bid package submission using either the electronic or paper option is available for this solicitation.

Electronic Submission Option The electronic bid submission will be received up to 3:00 PM on Thursday, September 24, 2026, on Virginia’s Marketplace website: https://eva.virginia.gov/.

https://teams.microsoft.com/meet/264584647451637?p=nVdT1KLDHY8mINksnY https://teams.microsoft.com/meet/264584647451637?p=nVdT1KLDHY8mINksnY https://aka.ms/JoinTeamsMeeting?omkt=en-US https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDhiYWIwNzItMzE5Zi00ZWMzLWE0MjktZWZlODg2NmM1ZDVk%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%2252906a4e-be44-4d43-953c-242bdc850a51%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDhiYWIwNzItMzE5Zi00ZWMzLWE0MjktZWZlODg2NmM1ZDVk%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%2252906a4e-be44-4d43-953c-242bdc850a51%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDhiYWIwNzItMzE5Zi00ZWMzLWE0MjktZWZlODg2NmM1ZDVk%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%2252906a4e-be44-4d43-953c-242bdc850a51%22%7d https://dialin.teams.cloud.microsoft/5ff9e17f-3fed-4d7c-88f0-3124f9dafc7d?id=789273838 https://dialin.teams.cloud.microsoft/5ff9e17f-3fed-4d7c-88f0-3124f9dafc7d?id=789273838

The bidder must be registered in eVA to submit an electronic bid. The bidder must submit one (1) complete copy of the bid and all required documents and/or attachments.

The following are instructions for submitting an electronic bid:

a. Go to https://eva.virginia.gov/.

b. Click on “I Sell To Virginia”;

c. Click on “eVA Supplier Training”; and

d. Click on “Viewing and Responding to Solicitations Video”.

If a bidder needs assistance submitting an electronic response, the bidder must contact eVA Customer Care at 866-289-7367 or email eVACustomerCare@dgs.virginia.gov.

Before the bid's due date, bidders should:

• Check the status of the solicitation on eVA at https://eva.virginia.gov/ by clicking on Business Opportunities and then clicking on Virginia Business Opportunities (VBO) for any updates, changes, addenda, cancellations, etc.

• Check the Solicitation in VBO for all attachments and documents to be completed and submitted; and

• Complete all attachments, addenda, exhibits, product information, etc., and attach them electronically to the bidder’s electronic submission.

Paper Submission Option

The sealed paper bid submission will be received up to 3:00 PM on Thursday, September 24, 2026. The paper bids shall be submitted in a sealed envelope and marked with the solicitation title, Invitation for Bid number, and the bidder’s name and address.

If sending the bid by U.S. Mail, Courier, or Hand delivery, submit the sealed bid to:

Capital Region Airport Commission Attn: Amanda McCaffrey, Procurement Specialist 1 Richard E. Byrd Terminal Drive, Suite C Richmond International Airport, VA 23250-2400 Bids will be logged in by the Commission’s Procurement Manager to reflect the actual date and time of receipt. Bids that are sent by facsimile or other electronic means will not be accepted. Bids will be opened and read aloud at 4:00 PM on Thursday, September 24, 2026, and will be broadcast via live stream through the Microsoft Teams application.

Bidders may participate in the bid opening by using the sign-in information provided below. The Commission does not accept late bids. Any bid received after the time and date specified will be returned to the sender unopened.

Microsoft Teams Bid Opening Meeting Details:

To join the meeting and view any documents shared by the Capital Region Airport Commission from your computer, please see the following link(s) https://eva.virginia.gov/index.html https://eva.virginia.gov/index.html

Microsoft Teams Bid Opening Meeting Join: https://teams.microsoft.com/meet/259769769571711?p=Lk4PSVfWEpZpr6bcHk Meeting ID: 259 769 769 571 711 Passcode: Vj6PQ9mz

Need help? | System reference Dial in by phone +1 321-754-9474,,310794026# United States, Orlando Find a local number Phone conference ID: 310 794 026#

3. Copy of Documents to Subcontractors. Before submitting a bid, the Contractor shall provide to any subcontractor anticipated to provide more than [15%] of the value of the work an electronic copy of this Invitation for Bid and the plans and specifications for the scope of work that is the subject of this Invitation for Bid.

E. BID ACCEPTANCE

Bidders are solely responsible for reviewing, complying with, and returning a complete and responsive bid. Failure to submit any of the required information may result in the bid rejection. Changes to the solicitation forms or formats are prohibited except where clearly instructed and permitted.

Bids considered irregular may be rejected. Irregularities include, but are not limited to, the following:

1. Bids not written in ink or not typed.

2. Bids reserving the right to accept or reject an award or a qualifying award based on acceptance.

3. Bids not properly signed.

4. Erasures or alterations not initialed by the bidder.

5. Bids that are unbalanced in unit price or lump sum price, either above or below the cost analysis values as determined by the Commission.

6. Unauthorized additions, conditions, alternative bids, or other irregularities that may make the bid incomplete, indefinite, or ambiguous.

F. No contract shall result from the submission of any bid, and no liability shall accrue to the

Capital Region Airport Commission with respect thereto until a written contract or purchase order and accompanying documents have been fully and completely executed on the part of the successful bidder and the Commission, incorporating the terms hereof.

III: SPECIFICATIONS AND PLANS

A. The intent and purpose of this Invitation for Bid is to solicit bids from qualified, experienced, and licensed companies to provide all labor, supervision, equipment, tools, materials, and incidentals necessary for the construction of a two-story connector providing interior https://teams.microsoft.com/meet/259769769571711?p=Lk4PSVfWEpZpr6bcHk https://teams.microsoft.com/meet/259769769571711?p=Lk4PSVfWEpZpr6bcHk https://aka.ms/JoinTeamsMeeting?omkt=en-US https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGNmNjg1MmUtZDU5ZC00MWI0LTllZjEtZDU4NGE5YmNkZjZm%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%2252906a4e-be44-4d43-953c-242bdc850a51%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGNmNjg1MmUtZDU5ZC00MWI0LTllZjEtZDU4NGE5YmNkZjZm%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%2252906a4e-be44-4d43-953c-242bdc850a51%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGNmNjg1MmUtZDU5ZC00MWI0LTllZjEtZDU4NGE5YmNkZjZm%40thread.v2/0?context=%7b%22Tid%22%3a%22441241b8-18d5-4e66-9e2f-6edad2b78c92%22%2c%22Oid%22%3a%2252906a4e-be44-4d43-953c-242bdc850a51%22%7d https://dialin.teams.cloud.microsoft/5ff9e17f-3fed-4d7c-88f0-3124f9dafc7d?id=310794026 https://dialin.teams.cloud.microsoft/5ff9e17f-3fed-4d7c-88f0-3124f9dafc7d?id=310794026 connectivity between the Terminal Building and the Rental Car Garage with a new direct connection to the departures/ticketing level of the Terminal Building. The rental car counters are being relocated to an expanded north baggage claim area, providing more intuitive access to rental car companies. The Wayfinding signage will be modified to improve circulation, and all lighting in both the north and south baggage claim areas will be replaced with new LED lighting. At the radial center point of the connector will be an outdoor pocket park with new hardscape and softscape, seating, interactive displays, as well as accommodations for a future food truck.

B. Limited Notice to Proceed Duration: (90) calendar days.

C. Construction Duration: (480) calendar days

D. Project Closeout Duration: (60) calendar days

Refer to the following:

Exhibit A – Project Manual Exhibit B – Drawings 1 of 3 Exhibit C – Drawings 2 of 3 Exhibit D – Drawings 3of 3

Exhibits are issued as separate documents due to formatting and size considerations and are incorporated herein by reference as part of this Invitation for Bids.

IV. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICIES AND

REQUIREMENTS

A. COMMISSION POLICIES

DBE Program Policy. The Commission has established a Disadvantaged Business Enterprise (DBE) Program to meet the U.S. Department of Transportation (DOT) DBE Program regulatory requirements and to increase the opportunities for businesses contracting with Richmond International Airport. The Commission has received Federal financial assistance from DOT, and as a condition of receiving this assistance has signed an assurance that it will comply with Title 49, Code of Federal Regulations, Part 26 (49 CFR Part 26).

It is the policy of the Commission to ensure that DBEs and small business concerns, as both are defined in 49 CFR Section 26.5, have an equal opportunity to compete for and participate in DOT-assisted contracts. The Commission is committed to taking all reasonable steps to eliminate obstacles to the participation of DBEs and other small business concerns as prime contractors or subcontractors in Commission procurements.

It is also the Commission’s policy:

1. to ensure nondiscrimination against any person or company because of race, creed, color, sex, age or national origin in the award or performance of any contract subject to the requirements of 49 CFR Part 26.

2. to create a level playing field on which DBEs and other small businesses can compete fairly for DOT-assisted contracts.

3. to ensure that its DBE program is narrowly tailored in accordance with applicable law.

4. to ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs.

5. to help remove barriers to the participation of DBEs and other small businesses in DOT assisted contracts at RIC; and

6. to assist in the development of firms that can compete successfully in the marketplace outside the DBE Program.

The Commission’s DBE Program applies only to Airport Improvement Program (AIP) funded projects. This IFB is an AIP funded project.

The Commission encourages businesses that may qualify as DBEs to seek DBE certification.

Businesses not certified as DBEs by one of the Virginia Unified Certification Program agencies do not count toward the Commission’s DBE participation achievements in its AIP-funded projects.

Firms interested in applying for DBE certification should contact either the Virginia Department of Small Business and Supplier Diversity (http://sbsd.virginia.gov) or the Metropolitan Washington Airports Authority (www.mwaa.com). There is no need to apply to both agencies. DBE certification by either of these Virginia Unified Certification Program agencies is fully accepted throughout Virginia.

B. DEFINITIONS

Disadvantaged Business Enterprise (DBE) is a for-profit small business that is: 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; (2) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it, and (3) certified in accordance with the certification standards of 49 CFR Part 26 by either the Virginia Department of Small Business and Supplier Diversity (formerly Virginia Department of Minority Business Enterprise) or the Metropolitan Washington Airports Authority.

Small Business Concern is, concerning firms seeking to participate as DBEs in DOT-assisted contracts, a small business concern as defined under section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR part 121) that also does not exceed the cap on average annual gross receipts specified in 49 CFR Section 26.65(b).

C. DBE GOAL AND PARTICIPATION

1. 0% Goal: Pursuant to the FAA Interim Rule (49 CFR Parts 23 and 26) published

October 3, 2025, and in coordination with the Virginia Unified Certification Program (UCP) agencies — the Virginia Department of Small Business and Supplier Diversity and the Metropolitan Washington Airports Authority — and the FAA, all existing DBE participation goals, and related goal counting, are suspended until firms have been reevaluated and recertified under the new race- and gender-neutral standards.

During this pause, the Commission will not set DBE goals in active procurements. This suspension remains in effect until the Virginia UCP agencies complete their review and reevaluation of firms certified under the prior DBE framework. After that process concludes, goals will resume in accordance with updated FAA guidance issued through the Virginia UCP. All other portions of 49 CFR Part 26 remain in effect.

2. Solicitation Language – No DBE Goal: The requirements of 49 CFR Part 26, including any amendments thereto, apply to this contract. It is the policy of the Commission to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. There are no DBE participation goals assigned to this procurement. The Commission encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

3. GOOD FAITH EFFORTS (VOLUNTARY)

Good Faith Efforts: Because there are no DBE participation goals assigned to this procurement, the Good Faith Efforts requirements of 49 CFR § 26.53 do not apply. The Commission nonetheless encourages Proposers to undertake the following types of actions, which the Commission considers can reasonably be expected to achieve DBE participation in the performance of its contracts:

a) Attending pre-proposal meetings that are scheduled by the Commission.

b) Advertising in general circulation, trade association, and DBE-oriented media concerning this Agreement opportunity.

c) Negotiating in good faith with interested DBEs. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for DBE participation; and evidence as to why additional agreements could not be reached for DBEs to perform the work.

d) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities.

e) Effectively using the services of available community organizations; contractors’ groups;

local, state, and Federal business assistance offices; and other organizations that aid in the recruitment and placement of firms.

The Commission encourages each Proposer to complete and return with its proposal the Good Faith Efforts Documentation (Attachment H) concerning the voluntary good faith efforts they made to seek DBEs or SBE’s to participate in this contract opportunity. Efforts that are merely pro forma are not considered good faith efforts, even if they are sincerely motivated if, given all relevant circumstances, they could not reasonably be expected to obtain DBE/SBE participation. 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.

4. Participation: DBEs participating in the contract must perform a commercially useful function, as defined in 49 CFR Section 26.55, by being independently responsible for the execution of a distinct element of the work and carrying out its responsibilities by performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, installing (where applicable), and paying for the material itself.

5. Fostering Small Business Participation: In accordance with 49 CFR § 26.39, the successful Offeror must structure subcontracting opportunities under this contract to facilitate competition by small business concerns and must take reasonable steps to eliminate obstacles to their participation, including avoiding unnecessary or unjustified bundling of contract requirements that may preclude small business participation as subcontractors. On contracts not having a DBE contract goal, the successful Offeror must provide subcontracting opportunities of a size that small businesses, including DBEs, can reasonably perform, rather than self-performing all of the work involved.

D. REQUIRED DOCUMENTS TO BE SUBMITTED WITH OFFER

1. Contract Participation Form: All Proposers must submit a Contract Participation Form

(Attachment K) that provides all information required for all firms participating in the contract.

2. Letter of Intent: All Proposers must submit with their proposals a completed Letter of Intent (Attachment G) that provides all information required for each firm intended to be utilized in the contract.

Please note: The successful Proposer will be required to: (1) enter a contract with the DBEs and/or SBE’s submitted in the Letter of Intent with their proposals; and (2) provide a copy of each subcontract it executes with these firms upon execution of a contract between the successful Proposer and the Commission.

Failure to submit the required documents and information with the Proposer’s offer may result in rejection of the offer.

E. PRE- AND POST-AWARD SUBSTITUTIONS

The Commission expects contractors to achieve DBE participation in AIP-funded projects using the firm(s) specified on the Contract Participation Form (Attachment K). On occasion, it may be necessary to substitute for other firms to achieve DBE participation. No substitution may occur without the Commission’s prior written approval. The Commission will approve a proposed substitution if it determines that the offeror has acted in good faith in attempting to meet the DBE participation achievement and if the Commission concurs that the substitution is necessary. The following are some examples of when substitution may be necessary:

1. The listed DBE fails or refuses to execute a written contract.

2. The listed DBE fails or refuses to perform the work of its contract in a way consistent with normal industry standards, provided, however, that good cause does not exist if the failure or refusal of the DBE to perform its work results from the bad faith or discriminatory action of the Prime and/or Contractor.

3. The listed DBE fails or refuses to meet the Prime and/or Contractor’s reasonable, nondiscriminatory bond requirements.

4. The listed DBE becomes bankrupt, insolvent, or exhibits credit unworthiness.

5. The listed DBE is ineligible because of suspension and debarment proceedings under 2 CFR Parts 180, 215, and 1,200 or applicable state law.

6. The Commission has determined that the listed DBE is not a responsible Prime and/or Contractor.

7. The listed DBE voluntarily withdraws from the project and provides to the Commission written notice of its withdrawal.

8. The listed DBE is ineligible to receive DBE credit for the type of work required.

9. A DBE owner dies or becomes disabled with the result that the listed DBE is unable to complete its work on the contract.

10. Other documented good cause that the Commission determines compels the termination of the DBE, provided that good cause does not exist if the Prime and/or Contractors seeks to terminate a DBE it relied upon to obtain the contract so that the Prime and/or Contractor can self-perform the work for which the DBE was engaged or so that the Prime and/or Contractor can substitute another DBE or non-DBE after contract award.

The prime contractor is required to notify the Commission’s DBE Liaison Officer immediately of a DBE’s inability or unwillingness to perform and to provide a written request to terminate and/or substitute a DBE subcontractor. Before transmitting such a request, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Commission, of its intent to request to terminate and/or substitute, and the reason for the request.

The prime contractor must give the DBE five (5) days to respond to the prime contractor's notice and advise the Commission and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Commission should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the Commission may provide a response period shorter than five (5) days.

In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.

F. GOOD FAITH EFFORTS WHEN A DBE IS REPLACED ON A CONTRACT

In the unusual event that a DBE contractor must be replaced on an AIP-funded contract, the Commission requires contractors to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal established for the procurement.

In this situation, the Commission will require the prime contractor to obtain the Commission’s prior approval of the substitute DBE and to provide copies of new or amended subcontracts. The substitute DBE must be certified in accordance with 49 CFR Part 26. When a substitute DBE cannot be identified, a contractor must provide documentation of the good faith efforts made to locate another DBE to perform the work.

If the contractor fails or refuses to comply in the time specified, the Commission will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the Program Manager may issue a termination for default proceeding.

G. POST AWARD COMPLIANCE

Monitoring Payments: The Commission requires prime contractors to pay subcontractors for satisfactory performance of their contracts within five (5) business days after receiving payment from the Commission. The Commission also requires prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by an authorized representative of the Commission or DOT.

The Commission will keep a running tally of actual payments to firms for work committed to them at the time of contract award on its Monthly Report of Subcontractor Participation Form.

The Commission will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation.

1. Compliance Reviews: The Commission conducts post-award compliance reviews to ensure that the named DBEs and other businesses on the original or, as a result of the contract modification, amended Contract Participation Form (Attachment K), submitted to, and accepted by the Commission, perform the work as assigned, and at least at the agreed price that was identified on Contract Participation Form. Specifically, compliance reviews verify

(1) the participation of those DBEs and other subcontractors identified on the Contract Participation Form; (2) the scope of work for each DBE and other subcontractors listed on the Contract Participation Form; and (3) at least at the agreed price identified for each DBE and other subcontractors listed on Contract Participation Form.

a. Monthly Reports. Prime and/or Contractor shall track and submit a monthly Audit of DBE Participation in the online diversity management software format required by the Commission, reporting on DBE utilization in Prime and/or Contractor’s operations, including subcontracts, purchase or lease agreements, or other agreements covered by 49 CFR Part 26, in the Commission’s diversity management system https://flyrichmond.diversitycompliance.com. The Commission reviews these monthly Audits to ensure that the DBE participation levels remain in compliance with any contract requirements and to verify that the work committed to DBEs is performed by DBEs. This information will also be used to provide statistical data on DBE participation achievements to the FAA. The Commission may also perform interim audits of contract payments to DBE management firms or subcontractors. Such audits may review payments to DBE subcontractors and gross receipts earned by or payments for goods and services and management agreements to DBEs to ensure that the actual amount equals or exceeds the dollar amounts stated in letters of intent or other agreements with DBEs.

b. Records of Payments to DBEs. The Prime and/or Contractor shall maintain records and documents of payments to DBEs for three (3) years following the performance of the Prime and/or Contractor agreement or management agreement to be awarded as a result of this solicitation. The Prime and/or Contractor shall make these records and documents available for inspection upon request by any authorized representative of the Commission or DOT. This reporting requirement also extends to any certified DBE.

H. DBE PROGRAM ENFORCEMENT AND COMPLIANCE

The Commission will bring to the attention of the DOT any false, fraudulent, or dishonest conduct in connection with the DBE program so that the DOT can take steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 49 CFR §26.107. We also will consider similar action under our legal authorities, including responsibility determinations in future contracts. These matters will be brought to the attention of the Commission’s legal counsel for investigation and any required legal action.

Failure to carry out the requirements of 49 CFR Part 26 is a material breach of the contract and may result in the termination of the contract or such other remedies the Commission deems appropriate.

V: TERMS AND CONDITIONS

The following terms and conditions are applicable to, and incorporated by reference in, any governmental procurement from a non-governmental source conducted by the Capital Region Airport Commission (or pursuant to delegated purchasing authority), as public bodies as defined in Code of Virginia Section 2.2-4301, as amended, including any agencies, boards, authorities, or other entities for which the Commission acts as purchasing agent.

A. GENERAL TERMS AND CONDITIONS

1. APPLICABLE LAWS AND COURTS:

Any contract resulting from this Request for Proposals shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the Circuit Court of the County of Henrico. The contractor shall comply with all applicable Federal, State, and local laws and regulations, including the Rules and Regulations of the Commission.

2. ADDENDA AND CHANGES TO BIDS:

i. Clarifications, modifications, or addenda may be made to the IFB at the discretion of the Commission. If any such changes are made, they will be posted on Virginia’s Marketplace website: https://eva.virginia.gov/index.html, in sufficient time for each bidder to modify their bid. Each bidder is responsible for determining that all addenda issued have been received and shall acknowledge receipt of all addenda in the space provided in the Bid Form. Failure to do so may result in the rejection of the bid.

ii. A potential bidder may amend and/or withdraw a bid before the due date and time set for the receipt of bids. All requests from a potential bidder to return their bid shall be in writing, addressed to the Procurement Manager, Stacy Seay at SSeay@flyrichmond.com, and signed by an authorized representative.

3. ANNOUNCEMENT OF AWARD: Upon the award or the announcement of the decision to award a Contract as a result of this solicitation, the Commission will publicly post notice of the award on Virginia’s Marketplace website: https://eva.virginia.gov and by posting on the public notice boards located on the ground floor of the terminal building near the chapel and on the 2nd floor near the business center, 1 Richard E. Byrd Terminal Drive, Richmond International Airport, VA.

4. ANTI-DISCRIMINATION: By signing the Contract, the contractor certifies to the Commission that it, as the contractor for the services described in the IFB and the Contract, will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Act of 1975, as amended where applicable, and Sec.

2.24310 and Sec.2.2-4311 of the VPPA which provides that:

In every contract over $10,000, the contractor agrees to the provisions in (1) and (2) below:

1. During the performance of this contract, the contractor agrees as follows:

https://eva.virginia.gov/index.html, https://eva.virginia.gov/index.html, https://eva.virginia.gov/

a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that such a contractor is an equal opportunity employer.

c. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

5. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns, and transfers to the Capital Region Airport Commission all rights, title, and interest in and to all causes of the action may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the Capital Region Airport Commission under the contract.

6. APPROPRIATION OF FUNDS: The continuation of the terms, conditions, and provisions of the Contract beyond the end of the Commission’s fiscal year on June 30 of any year is subject to approval and ratification by the Capital Region Airport Commission Board, as applicable, and appropriation by them of the necessary money to fund the Contract for each succeeding year. In the event of non-appropriation of funds, the Contract shall be automatically terminated with no recourse for the Contractor.

7. ASSIGNMENT OF CONTRACT: The Commission and Contractor bind themselves and any successors, and assigns to the Contract. The employees of the Contractor shall perform the work necessary to fulfill the Contract. The Contractor shall not assign, sublet, subcontract or transfer any of its interest in the Contract without written consent of the Commission. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the Commission, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Commission and Contractor.

8. ATTORNEY’S FEES: The Contractor agrees that in the event it breaches any term of the Contract or the Contract Documents, it shall reimburse the Commission for any costs and expenses, including reasonable attorneys’ fees and the fees of experts and consultants, reasonably incurred by the Commission as a result of such breach and the Commission’s enforcement of the Contract or Contract Documents. The Contractor further agrees that if it commences, or if someone commences on its behalf, a claim or action alleging the breach of the Contract or Contract Documents by the Commission or to determine or challenge the validity of the Contract or Contract Documents, or any part thereof, and the Commission shall prevail against such claim or action in whole or in part, the Contractor shall reimburse the Commission all costs and expenses reasonably incurred by the Commission arising from or related to the Commission successful defense of such claim or action, including reasonable attorneys’ fees and the fees of experts and consultants. The foregoing remedies shall be in addition to any other remedies or relief to which the Commission may be entitled.

9. AUDIT OF VENDOR RECORDS: Contractor shall maintain full and accurate records with respect to all matters covered under the Contract including, without limitation, accounting records, written policies and procedures, time records, telephone records, reproduction cost records, travel and living expense records and any other supporting evidence necessary to substantiate charges related to the Contract and to verify Contractor’s compliance with the Contract. Contractor’s records shall be open to inspection and subject to audit and/or reproduction, during normal working hours by the Commission and its employees, agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by Contractor pursuant to the Contract. Such records subject to examination shall also include, without limitation, those allocations as they may apply to costs associated with the Contract. The Commission shall have access to such records from the effective date of the Contract, for the duration of the Contract, and until three(3) years after the date of final payment by the Commission to the Contractor pursuant to the Contract.

The Commission’s employees, agents or authorized representatives shall have access to the Contractor’s facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this paragraph.

10. AWARD NOTIFICATION: Upon the award or the announcement of the intent to award a

Contract as a result of this solicitation, the Commission will publicly post such notice on the eVA website at https://eva.virginia.gov and on the Commission’s public notice boards located on the ground floor of the terminal building near the chapel and on the 2nd floor near the business center, 1 Richard E Byrd Terminal Drive, Richmond International Airport, VA 23250.

11. CHANGES IN THE CONTRACT: Changes can be made to the Contract in either of the following ways:

i. The Commission reserves the right to add or delete units from this contract, as required.

The parties may agree in writing to modify the scope of the contract. An increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract.

ii.The Commission may order changes within the general scope of the contract at any time by written notice to the Contractor. Changes within the scope of the contract include, but are not limited to, things such as services to be performed and an increase or decrease in quantities. The Contractor shall comply with the notice upon receipt. The Contractor shall be compensated for any additional costs incurred as a result of such order and likewise shall give the Commission credit for any savings.

12. CHANGE ORDERS: Change orders must be approved by the Commission to work being performed.

13. COMPLIANCE WITH LAW: The Contractor’s performance under this Contract shall be conducted in compliance with any and all applicable federal, state and local laws, rules and regulations, as may be amended.

14. CONTRACTOR’S AUTHORIZATION TO TRANSACT BUSINESS: In accordance with Code of Virginia Section 2.2-4311.2, as amended, all bidders/offerors organized as stock or nonstock corporations, limited liability companies, business trusts, or limited partnerships or registered as registered limited liability partnerships must be authorized to transact business in the Commonwealth as domestic or foreign business entities if so required by Title 13.1 or Title 50 or as otherwise required by law. Any bidder/offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia shall include in its bid/proposal the identification number issued to it by the State Corporation Commission. Any bidder/offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia, or as otherwise required law, shall include in its bid/proposal a statement describing why the bidder/offeror is not required to be so authorized. This information shall be provided in the attachment included in the solicitation titled “Virginia State Corporation Commission (SCC) Registration Information”. Failure to provide the required information may result in the rejection of the bid/proposal. The Contractor shall not allow its corporate or partnership existence to lapse or its certificate of authority or registration to transact business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or cancelled at any time during the term of any contract. The Commission may void any contract with a Contractor if the Contractor fails to remain in compliance with the provisions of this section.

15. DEBARMENT STATUS: By submitting a bid, Bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. For federally funded projects, Bidders certify they are not included on the Excluded Parties List System

16. DEFAULT: In case of failure to perform services in accordance with the contract terms and conditions, the Commission, after written notice, may procure the services from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies the Commission may have.

17. DRUG-FREE WORKPLACE: During the performance of this Contract, the Contractor agrees to:

a. Provide a drug-free workplace for the contractor's employees;

b.Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;

c. State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace;

d. Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

18. FEDERAL OR STATE GRANT FUNDS: To the extent that work or services under any project or task order involves federal or state funds, the project or task order for such work or services may be modified to contain relevant federal or state requirements in connection therewith.

19. INDEMNIFICATION OF THE COMMISSION: The Contractor shall defend, indemnify, and hold harmless the Commission, its Commissioners, officers, agents, employees, and representatives from all claims, demands, suits, actions or judgments, including attorney fees, for damage to property and/or injury to persons (including death) alleged or claimed to have been caused whole or in part by or through the performance by the Contractor, or the condition of the site, or because of any actions or activities of the Contractor on the Commission’s property whether or not such damage is caused by a party indemnified hereunder. In all claims against the Commission or any of its Commissioners, officers, agents, or employees by the successful bidder or any employee of the Contractor, anyone directly or indirectly employed by any of them, or anyone whose acts any of them may be liable, the indemnification obligation under this section shall not be restricted by any limitation on the amount or type of damage, compensation or benefits payable by or for the Contractor under Workers’ Compensation Acts, disability acts or other employee benefit acts.

20. INFORMALITIES: Failure to furnish all information requested or to follow the format requested in this IFB may disqualify the bid. The Commission, in its sole discretion, may waive informalities and nonmaterial deviations in the bid. Any waiver of informalities or nonmaterial deviations shall not modify the original IFB or relieve the Bidder from full compliance with the contract requirements if awarded.

21. LAWS AND COURTS: Any contract resulting from this Invitation for Bids shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought in the Circuit Court of the Commission of Henrico.

The Contractor shall comply with all applicable Federal, State, and local laws and regulations, including the rules and regulations of the Commission.