On-call_Air_Service_Development_Contract_(Addendum_#4_Revision).pdf

COUNTY OF ORANGE

JOHN WAYNE AIRPORT

INVITATION FOR BID (IFB)

FOR

ON-CALL AIR SERVICE DEVELOPMENT CONTRACT

IFB NO. 280-2798901-GL

County of Orange IFB

John Wayne Airport - On-call Air Service Development Contract, 280-2798901-GL

County of Orange

John Wayne Airport

Procurement Services

3160 Airway Ave

Costa Mesa, CA

92626

SCHEDULE OF ACTIVITIES

Release Project Date March 14, 2025

Question Submission Deadline March 28, 2025, 4:00pm

Bid Submission Deadline April 4, 2025, 4:00pm

**This is a proposed schedule that is subject to change. Any changes to the schedule for the IFB process will be issued to all Bidders via addenda on County’s online bidding system https://procurement.opengov.com/portal/ocgov **

BID MUST BE RECEIVED ON OR

BEFORE

Friday, April 4, 2025

4:00 pm https://procurement.opengov.com/portal/ocgov

SECTIONS

SECTION 1. SUMMARY

SECTION 2. SCOPE OF WORK

SECTION 3. LABOR RATES

SECTION 4. VENDOR QUESTIONNAIRE

SECTION 5. GENERAL INFORMATION

SECTION 6. GENERAL INSTRUCTIONS

SECTION 7. JOHN WAYNE AIRPORT ADDITIONAL TERMS AND CONDITIONS

SECTION 8. John Wayne Airport - Civil Rights and Non-Discrimination

SECTION 9. W-9/W-8 REQUIREMENTS

SECTION 10. ELECTRONIC FUND TRANSFER (EFT)

SECTION 11. OCLSB AND DVBE PREFERENCE POLICIES CERTIFICATION

REQUIREMENTS

Attachments:

A - on_call_air_service_development_contract-2025-03-11-17-13-12

B - on_call_air_service_development_contract-2025-04-02-20-10-32 (1)

SECTION 1. SUMMARY

The County of Orange, John Wayne Airport, (hereinafter referred to as County) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for On-call Air

Service Development Contract. The awarded Contract, (hereinafter referred to as Contract) will be between the County and awarded Bidder, (hereinafter referred to as Contractor) in accordance with the model contract terms, conditions and scope of work. This is a fully electronic solicitation – only electronic bids submitted through the County’s online bidding system will be allowed; no other form of bid submittals will be accepted. Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the model contract and any solicitation attachments and/or exhibits.

SECTION 2. SCOPE OF WORK

2.1 SCOPE OF WORK FOR AIR SERVICE DEVELOPMENT

I. VENDOR GENERAL REQUIREMENTS

1. The Contractor shall provide Air Service Development (“ASD”) professional services on specific tasks related to John Wayne Airport (“JWA”), Orange County. Services are to be provided on an on-call, as-needed basis.

2. The Contractor shall have broad experience in ASD and specialized expertise in strategic support for medium—and large-hub airports.

3. The Contractor shall have access to airline network/schedule planning departments and key decision makers at the appropriate executive or management levels with airlines serving the U.S., Canada, and Mexico markets.

4. The Contractor's experience and expertise shall include the following:

A. Thorough understanding of Orange County air passenger demographics;

B. Stimulating new markets/routes and predicting impacts on existing services;

C. Airline decision factors for new services and routes;

D. Preparing and presenting ASD programs to airlines;

F. Mexico/Canada markets and knowledge of related opportunities/impacts for Orange

County; and

G. Airline incentive programs.

5. The Contractor shall have familiarity with the following:

A. The agreements, regulations, and programs currently in use at JWA, including the 1985

United States District Court Judgment and Settlement Agreement/Amendment, the Phase 2

Commercial Airline Access Plan and Regulation, and the General Aviation Noise Ordinance; and

B. Airlines currently operating at and on the new entrant waiting list at JWA;

C. Catchment/leakage analysis of other Los Angeles Basin airports;

D. The types of aircraft, engines, and aircraft configurations that currently operate in the aviation industry, especially those types that operate at JWA;

E. U.S. Customs and Border Protection and Federal Inspection Services requirements for international air service.

II. DETAILED SPECIFICATIONS

The Contractor tasks shall be assigned on an on-call, as-needed basis and shall involve assignments, activities, and representatives in one or more of the following areas:

1. Each task shall involve assignments that relate to one or more of the following:

A. The 1985 United States District Court Judgment and Settlement Agreement/Amendment (“Settlement Agreement”) between Orange County, Newport Beach, Airport Working Group (“AWG”), and Stop Polluting Our Newport (“SPON”).

B. County’s Phase 2 Commercial Airline Access Plan and Regulation (“Phase 2 Access Plan”).

C. County’s General Aviation Noise Ordinance (“GANO”).

D. Aviation planning and operations specific to JWA.

2. Each task shall involve one or more of the following activities:

A. Mining and analyzing data and determining which markets/routes hold the best potential for Orange County service.

B. Developing strategic ASD plans and deficiency studies.

C. Developing a message about facilities, cost structures, and competitive mix (market strengths, weaknesses, opportunities, and threats).

D. Fare, air traffic, and schedule benchmarking.

3. In the performance of each task, the contractor shall work with some but not necessarily all of the following representatives:

A. County representatives, including JWA executive management and staff.

B. Airline executive and management staff (domestic and foreign).

C. Other Orange County consultants and contractors.

D. Trade Association representatives, including Airports Council International – North America.

E. Federal representatives, including the Federal Aviation Administration and Customs and Border Protection.

SECTION 3. LABOR RATES

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Principal 1 Hourly

2 President 1 Hourly

3 Vice President 1 Hourly

4 Director 1 Hourly

5 Research Director 1 Hourly

6 Research Manager 1 Hourly

7 Senior Analyst 1 Hourly

8 Project Analyst 1 Hourly

9 Administration 1 Hourly

TOTAL

SECTION 4. VENDOR QUESTIONNAIRE

4.1 BID VALIDITY: *

Bids will be valid for a period of 365 days after IFB closing date.

☐ Please confirm

*Response required

4.2 COMPANY PROFILE, REFERENCES BIDDER CERT

4.2.1 Company Legal Name:*

*Response required

4.2.2 Company Legal Status (Corporation, Partnership, Sole Proprietor, etc.):*

*Response required

4.2.3 Business Address:*

*Response required

4.2.4 Telephone No:*

*Response required

4.2.5 Facsimile Number:*

*Response required

4.2.6 E-mail Address:*

*Response required

4.2.7 Length of time the firm has been in business:*

*Response required

4.2.8 Length of time at current location:*

*Response required

4.2.9 Is your firm the sole proprietor doing business under a different name:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.10 If yes, please indicate sole proprietor’s name and the business name:*

*Response required

4.2.11 Is your firm incorporated:*

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.12 If yes, State of Incorporation:*

*Response required

4.2.13 Federal Taxpayer I.D. No:*

*Response required

4.2.14 D-U-N-S® No:*

*County requires a valid D-U-N-S® number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S® number, please indicate so in your proposal/bid submission response.

*Response required

4.2.15 UEI No*

The County requires a valid UEI number prior to Contract Award. Your company may obtain one at no cost at https://sam.gov/entity-registration.

http://www.dnb.com/ https://sam.gov/entity-registration

*Response required

4.2.16 Regular Business Hours:*

*Response required

4.2.17 Regular Holidays and Hours when business is closed:*

*Response required

4.2.18 Contact person in reference to this solicitation:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.19 Name of Service Manager:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.20 Contact Person for Accounts Payable:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.21 Information Technology Contact:*

• Contact Full Name:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.22 In the event of an emergency or declared disaster, the following information is required:*

• Name of Contact individual during non-business hours:

• Telephone No:

• Facsimile Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

4.2.23 References (minimum 3)*

Please Provide the following information for at least three (3) references:

Contractor shall submit at least three (3) references or letter of references where similar work of similar size is currently in process or recently completed. References must cover commodities or services performed by your company within the past ten (10) years. Include name of firm, phone, and name of the contact person, a brief work/project description, and completion date. These references will be checked and could affect the award of the

Contract. References shall not be provided for department conducting the solicitation.

• Firm Name:

• Address:

• Contact Person:

• Phone Number:

• Email Address:

• Contract Description:

• Contract Term:

• Contract Amount:

4.3 BIDDER CERTIFICATION

4.3.1 Conflict of Interest*

Bidder must certify either Yes or No below:

Bidder certifies current/past financial, business or other relationship(s) with the County exist/existed as follows:

A. (Yes) Disclose any financial, business or other relationship with the County of Orange, any other entity that the Orange County Board of Supervisors governs*, or any Orange

County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.

B. (No) Bidder certifies that no relationships exist/existed as outlined in item I above.

*Orange County Board of Supervisors govern: All Assessment Districts, All Community

Facilities Districts, All Reassessment Districts, Housing and Community Development

Commission, Housing Successor Agency to the Orange County Development Agency, In-

Home Supportive Services Public Authority, Industrial Development Authority For

Orange County, Local Redevelopment Authority Marine Corp Air Station (MCAS) El

Toro, Orange County Financing Authority, Orange County Flood Control District, Orange

County Housing Authority, Orange County Housing Authority Acting As the Housing

Successor Agency, Orange County Public Financing Authority, Orange County Special

Financing Authority, South Orange County Public Financing Authority, and the Successor

Agency to the Orange County Development Agency

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.2 Disclose any financial, business or other relationship with the County of

Orange, any other entity that the Orange County Board of Supervisors governs*, or any

Orange County Board member, officer or employee, which could affect or influence award of the contract for the services you propose to provide.*

*Response required

4.3.3 Litigation*

Bidder must certify either Yes or No below:

Bidder certifies current/past litigation as follows:

A. (Yes) Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving Bidder, or any company that holds a controlling interest in Bidder, against the County of Orange in the past seven (7) years.

B. (No) Bidder certifies that Bidder or any proposed subcontractors do not have any past or current litigation.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.4 Bidder shall provide detailed information regarding litigation (court and case number), liens, or claims involving any proposed subcontractors, or any company that holds a controlling interest in subcontractor firm(s), against the County of Orange in the past seven (7) years.*

*Response required

4.3.5 Name/Ownership Changes:*

Respondent must certify either Yes or No below:

A. (Yes) Respondent certifies past company name changes and/or ownership changes, for

Respondent’s firm and any proposed subcontractor firm, as follows:

1. Respondent shall provide detailed information regarding any company name changes

(including legal business names) in the past seven (7) years.

B. (No) Respondent certifies that Respondent or any proposed subcontractors have not had any company name change or ownership changes in the past seven (7) years.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.3.6 Bidder shall provide detailed information regarding any company ownership changes (including legal business names) in the past seven (7) years. *

4.3.7 Statement of Compliance*

A. (Yes): Bidder certifies it is in strict compliance with this IFB, including, but not limited to the terms and conditions set forth in the Model Contract and its Attachments and

Exhibits, and no exceptions are proposed.

B. (No): Bidder certifies it is in strict compliance with this IFB, including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits, except for those exceptions expressly listed as required by this IFB and attached hereto. Attachments for each proposed exception to this IFB, including, but not limited to the Model Contract, must include:

1. The complete provision Bidder is taking exception to.

2. The IFB page number and section of the provision Bidder is taking exception to.

3. The suggested rewording (i.e., Microsoft Word track changes)

4. Reason(s) for submitting the proposed exception.

5. Any impact the proposed exception may have on the services to be provided.

☐ Yes

☐ No

*Response required

When equals "No"

4.3.8 Provide exceptions to the requirements of this IFB including the terms and conditions set forth in the Model Contract and its Attachments and Exhibits.*

*Response required

4.3.9 Financial Status*

A. Bidder shall indicate whether its principals, directors, or majority shareholder(s), or any company

Bidder has held a controlling interest in, or which has held a controller interest in Bidder, has ever filed or has been involuntarily put into bankruptcy or has been declared bankrupt. If yes, attach statement indicating the bankruptcy date, court jurisdiction, trustee’s name and telephone number, amount of liabilities, amount of assets and current status of bankruptcy.

No action pending No prior action Information Attached

☐ No Action Pending

☐ No Prior Action

☐ Information attached

*Response required

4.3.10 Is your firmIs your firm a County Of Orange Local Small Business (OCLSB) or a

Disabled Veteran Business Enterprise (DVBE)?*

To participate as an OCLSB and/or DVBE, the requirements in the OCLSB AND DVBE

PREFERENCE POLICIES CERTIFICATION REQUIREMENTS must be met.

☐ Yes

☐ No

*Response required https://procurement.opengov.com/portal/ocgov/projects/142622/document?section=undefined https://procurement.opengov.com/portal/ocgov/projects/142622/document?section=undefined

When equals "Yes"

4.3.11 County of Orange Local Small Business (OCLSB) and/or Disabled Veteran

Business Enterprise (DVBE) Affirmation*

Please download the below documents, complete, and upload.

• Local_Small_Business_(OCLSB...

*Response required

4.3.12 The Levine Act: County of Orange Campaign Contribution Disclosure*

The Levine Act compliance is a minimum submittal requirement of this solicitation.

Please complete and sign the County of Orange Campaign Contribution Disclosure Form attached hereto. A proposer’s failure to provide a completed and signed copy will render its proposal as incomplete and nonresponsive.

• Levine_Act_-_Campaign_Contr...

*Response required

4.3.13 Certification Regarding Debarment *

Please download the below documents, complete, and upload.

• CERTIFICATION_REGARDING_DEB...

*Response required

4.3.14 Contractor Safety*

Contractor shall comply with County’s Safety and Loss Prevention Policy and Procedure #306

(“Contractor Safety Responsibilities”) and submit a copy of its Injury and Illness Prevention

Program (IIPP) and Contractor Safety-Activity Checklist to the designated County Procurement staff as part of the solicitation and/or contract process. Contractor will notify County Project

Manager of any revisions to the Safety-Activity Checklist and will provide a new Safety-Activity

Checklist upon County request. The IIPP shall comply with California Code of Regulations, Title 8, Section 1509 or 3203 (whichever applies). Contractor shall submit other safety programs that pertain to the type of job that will be performed on site. County reserves the right to conduct inspections and audits as necessary for the purpose of evaluating any aspect of safety performance under this Contract.

*Response required

4.3.15 Safety Data Sheets (SDS)*

Contractor is required to provide a Safety Data Sheet (SDS) compliant with California Code of

Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to County. The SDS for each substance must be sent to either the County Project Manager, as specified in the “Notices” provision of this Contract, or to the place of shipment or provision of goods/services.

*Response required 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SECTION 5. GENERAL INFORMATION

5.1 IMPORTANT NOTICE

The County has attempted to provide all information available. It is the responsibility of each

Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the County Deputy Purchasing Agency (DPA) via the County’s online biding system.

5.2 COMMUNICATION

Bidders are not to contact other County personnel with any questions or clarifications concerning this Invitation for Bid (IFB). County will provide all official communication concerning this

IFB. Any County response relevant to this IFB other than through or approved by County is unauthorized and will be considered invalid.

All questions regarding this IFB must be submitted via the County’s eProcurement Portal at:

https://procurement.opengov.com/portal/ocgov.

5.3 CLARIFICATION/INTERPRETATION

If clarification or interpretation of this solicitation is considered necessary by County, a written addendum shall be issued and the information will be posted on County’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the County DPA. All addenda will be submitted and posted on the County’s online bidding system. It is the responsibility of each Bidder to periodically check the County’s online biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The County will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received by Friday, March 28, 2025 before 4:00 pm.

5.4 BID VALIDITY

Bids will be valid for a period of 365 days after IFB closing date.

5.5 IMPORTANT DATES

These dates only apply to IFB# 280-2798901-GL

Release Project Date: March 14, 2025

Question Submission Deadline: March 28, 2025, 4:00pm

Bid Submission Deadline: April 4, 2025, 4:00pm

5.6 LOBBYISTS

County of Orange does not require and neither encourages or discourages the use of lobbyists or other consultants for the purpose of securing business.

ORANGE COUNTY BOARD OF SUPERVISORS

AND COUNTY AGENCY OFFICERS

Board of Supervisors

Janet Nguyen, First District

Vicente Sarmiento, Second District

Donald P. Wagner, Third District

Doug Chaffee, Fourth District

Katrina Foley, Fifth District

County Agency Officers

Claude Parrish, Assessor

Hugh Nguyen, Clerk-Recorder

Todd Spitzer, District Attorney-Public Administrator

Don Barnes, Sheriff-Coroner

Shari A. Freidenrich, Treasurer-Tax Collector

Andrew Hamilton, Auditor-Controller-Elect

SECTION 6. GENERAL INSTRUCTIONS

6.1 REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the Model Contract Terms, Conditions and Scope of Work.

Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The Model Contract contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

6.2 RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the VENDOR

QUESTIONNAIRE.

6.3 BID SUBMISSION

Electronic Bids shall be submitted via the County’s online bidding system via the following link https://procurement.opengov.com/portal/ocgov. All required sections of the IFB as listed above, must be submitted via the County’s eProurement Portal. Bidder is solely responsible for “on https://procurement.opengov.com/portal/ocgov/projects/142622/document?section=1289241 https://procurement.opengov.com/portal/ocgov/projects/142622/document?section=1289241 time” submission of their electronic bid. The County will not accept late bids and no exceptions shall be made. County will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by County until after the IFB deadline. If you encounter any problems with your registration, system, bid submission, or other system issues please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

6.4 AWARD

Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of County notification, unless otherwise specified in the solicitation:

A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to Model Contract, Article O-Insurance

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes

Contractor’s Legal Business Name(s). Out of State Vendors may be required to submit a

587/590 Form.

6.5 PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

B. Addenda: Bid prices offered shall reflect all addenda issued by County.

C. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of Work, Attachment A of Model Contract; bids for other than the items and/or services listed will not be considered.

D. Firm Prices: The County will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the County. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the County.

6.6 NO SUBSTITUTION

The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior County written approval is received.

6.7 COMPANY PROFILE, BIDDER CERTIFICATION AND REFERENCES ***

MAY BE A VENDOR QUESTION

Bidder shall utilize the forms provided to satisfy this requirement.

mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com

6.8 DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the County.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the County's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the County may consider permitting withdrawal of specific line item(s) or combination of items.

6.9 BID EXPENSES

The County shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet.

Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the County.

C. Negotiating with the County any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

6.10 PROTESTS

In the event a Bidder believes that County’s solicitation is unfairly restrictive or ambiguous or contains conflicting provisions or the Bidder believes that any resulting Contract would be commercially impractical to perform, the Bidder must file a written protest with the County DPA.

A. ProcedureAll protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:

1. The name, address and telephone number of the protester.

2. The signature of the protester or the protester’s representative.

3. The solicitation or contract number.

4. A detailed statement of the legal and/or factual grounds for the protest; and

5. The form of relief requested.

B. Protest of Bid Specifications:

1. All protests related to bid specifications must be submitted to the County DPA no later than five (5) business days prior to the close of the bid. Protests received after the five (5) business day deadline will not be considered by the County.

2. In the event the protest of specifications is denied, and the protester wishes to continue in the solicitation process, they must still submit a bid prior to the close of the solicitation in accordance with the bid submittal procedures provided in the bid.

C. Protest of Award of Contract:In protests related to the award of a contract, the protest must be submitted no later than five (5) business days after the notice of the proposed contract award is provided by the County DPA. Protests relating to a proposed contract award which are received after the five (5) business day deadline will not be considered by the County.

1. Protest Process

a. In the event of a timely protest, the County shall not proceed with the solicitation or award of the contract until the County DPA, the County Procurement Officer or the Procurement

Appeals Board renders a decision on the protest.

b. Upon receipt of a timely protest, the County DPA will within ten (10) business days of the receipt of the protest, issue a decision in writing which shall state the reasons for the actions taken.

c. The County may, after providing written justification to be included in the procurement file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the County. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

d. If the protester disagrees with the decision of the County DPA, the protestor may submit a written notice to the Office of the County Procurement Officer requesting an appeal to the

Procurement Appeals Board, in accordance with the process stated below.

B. Appeal Process

A. If the protester wishes to appeal the decision of the County DPA, the protester must submit, within three (3) business days from receipt of the County DPA’s decision, a written appeal to:

Email: CPOAppeals@ocgov.com

Or

County of Orange/County Procurement Office 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701

B. Within fifteen (15) business days, the County Procurement Officer will review all materials in connection with the grievance, assess the merits of the protest and provide a written determination that shall contain his or her decision on whether the protest shall be forwarded to the Procurement Appeals Board.

C. The decision of the County Procurement Officer on whether to allow the appeal to go forward will be final and there shall be no right to any administrative appeals of this decision.

6.11 ACCEPTANCE/REJECTION/AWARD

Acceptance/Rejection/Award

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The County shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the County.

B. The lowest responsive, responsible Bidder will be recommended for contract award.

mailto:CPOAppeals@ocgov.com

C. Bids will be reviewed by the County for responsiveness to all requirements. The County has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

E. Please take notice, non-acceptance of the County of Orange terms and conditions, incorporated in model contract, may deem a bid non-responsive. County may not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of County of

Orange terms and conditions. In addition, County reserves the right to verify and validate any information prior to Contract Award and during the entire term of the Contract.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the County

DPA as final.

H. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

6.12 RIGHTS RESERVED TO COUNTY:

The County reserves the right to:

A. Waive, at its discretion, any irregularity or informality, which County deems correctable or otherwise not warranting rejection of the bid.

B. County reserves the right, at its sole discretion, to make multiple awards to Bidders for services requested in this solicitation.

C. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the County may require.

D. Negotiate the final Contract with the lowest, responsive and responsible Bidder or

Bidders as necessary to serve the best interests of the County.

E. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any

Bidder responding to this solicitation.

F. Award its total requirements to one Bidder or to apportion those requirements among two or more Bidders as the County may deem to be in its best interests; therefore, bids must be provided for each item separately; “all-or-none” bids will not be accepted unless in the best interest of the County.

6.13 JOINT BIDS

Where two or more Bidders desire to submit a single bid in response to a solicitation, they must do so on a prime/subcontractor basis rather than as a joint venture. The County intends to contract with a single firm or multiple firms, but not with multiple firms doing business as a joint venture.

6.14 UNFAIR PRACTICES AND OTHER LAWS

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions

Code Section 17000 et seq.) and all applicable County, State and Federal laws and regulations.

6.15 INDEPENDENCE OF BID

By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

6.16 AMERICANS WITH DISABILITY ACT (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the County to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

6.17 DUNS NUMBER

The County requires a valid D-U-N-S number prior to Contract Award. If needed, your company may obtain one at no cost at www.dnb.com. If you are unable to provide/obtain a D-U-N-S number, please indicate so in your bid submission response.

6.18 UNIQUE ENTITY IDENTIFIER NUMBER (UEI)

The County requires a valid UEI number prior to Contract Award of Human Services. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a

UEI number, please indicate so in your bid submission response.

SECTION 7. JOHN WAYNE AIRPORT ADDITIONAL TERMS AND CONDITIONS

A. Airport Security: Contractor, Contractor’s employees and Contractor’s subcontractors must complete the following in order to obtain an Airport-Issued Security Identification

Badge (ID Badge).

1. Airport-Issued Badge Acquisition, Retention, and Termination: Prior to issuance of airport security ID Badge(s), designated Contractor personnel who shall be working on-site in JWA restricted areas, and engaged in the performance of work under this

Contract must pass JWA’s security screening requirements, which include fingerprinting to complete an F.B.I. Criminal History Records Check (CHRC) and a

Security Threat Assessment (STA). Contractor should anticipate four to six weeks for new employees to receive an airport security ID badge which includes the following general steps:

a. Company designates at least two representatives as Authorized Signatories by submitting a letter on company letterhead using the airport’s template.

b. Subcontractors and tenant contractors must also have two Authorized Signatories at a minimum.

c. All company employees requiring unescorted access to restricted airport areas are scheduled for fingerprint appointments.

d. Background check fees are provided at the first appointment

e. Employees must provide two government-issued IDs at the first appointment.

f. STA and/or CHRC results are received.

g. All ID Badge applicants successfully passing the STA and/or CHRC are scheduled for required training.

h. ID Badge related fees are provided and any additional information requested is provided at the training appointment.

i. Upon successful completion of the required training, employees will receive their

ID Badge.

j. Authorized Signatories are required to maintain the ID Badge process for the onboarding of future employees, employee ID Badge renewals, scheduling, and other actions detailed below.

Contractor’s designated personnel must, at a minimum, complete the following required training based on contractors work to be provided and access areas:

a. Authorized Signatory Training: All organizations must designate at least two

Authorized Signatories by providing a letter on company letterhead using the

ID/Access Control Office template. The designated Authorized Signatories will be responsible for the entire ID Badge process for their organization including, but not limited to, the onboarding of new employees, renewing employees, scheduling employees for appointments, payment coordination, ID Badge audits, resolution to safety/security violations caused by the organizations employees, subtenants, or subcontractors. Authorized Signatories must attend this approximate 1 hour course initially and annually.

b. Security Identification Display Area (SIDA) Training: All employees with an operational need to have unescorted access to the Airport SIDA must complete this approximate 1.5 hour course and pass a written test.

c. Sterile Area (Elevator) Training: All Non-SIDA employees with an operational need to have unescorted access to the Sterile Area of the terminal must complete an approximate 30-minuite training session and pass a written test.

d. Non-Movement Area or Movement Area Driver Training: All employees with an operational need to drive on airfield service roads and/or ramps must attend the approximate 1-hour Non-Movement Area Driver course and pass a written test. Employees with an operational need to drive on active taxiways and/or active runways must coordinate this training with the Airport Operations Division.

e. Contractors’ designated personnel must successfully complete the badge acquisition within six weeks of Contract execution, unless other arrangements have been coordinated by County Project Manager or designee in writing.

f. All personnel assigned to this contract must be in possession of a current, valid

Airport-Issued ID Badge prior to fulfilling an independent shift assignment.

g. Contractor is responsible for terminating and retrieving Airport-Issued ID Badges as soon as an employee no longer needs unescorted access to airport restricted areas. Terminated ID Badges must be returned to the ID/Access Control office within three business days. Failure to do so will result in a $250.00 fee.

h. Contractor shall be responsible for all cost associated with the Airport-Issued ID

Badge process. The ID/Access Control Office maintains the current list of fees. Below is a list of estimated costs for new ID Badge applications and ID Badge renewals:

• STA Fee: Approximately $11.00

• Fingerprint/CHRC Fee: Approximately $31.00

• ID Badge Fee: Approximately $10.00

• Terminated, Unreturned ID Badge Fee: Approximately $250.00

i. Contractor shall abide by all the security requirements set forth by the

Transportation Security Agency (TSA) and JWA.

1. Airport Driving Endorsement: In addition to obtaining a JWA access control badge, Contractor’s service staff with an operational need to drive on airport service roads and ramps must also take an Airport provided training course and pass a test to acquire an airfield driving endorsement.

Some Air Operations Area projects will require vehicles to be equipped with visible company placards on both sides of the vehicle, an orange/white checkered flag, an amber, rotating beacon, and a two-way radio to monitor FAA Air Traffic Control

Tower frequencies; or be escorted by a vehicle with this equipment and markings. Only vehicles, equipment, and personnel who have prior authorization by the ASP may operate on runways, taxiways and movement areas, or cross runways and taxiways. Under no circumstance shall any vehicle operate on or cross a runway, taxiway, or any movement are unless permission from the Tower is granted. Vehicles requiring an escort must be escorted by Airport Operations, or authorized company vehicles, equipped with two-way radios, and in constant radio communication with the

FAA Tower Control.

2. Airport ID Badge Holder Requirements and Responsibilities: TSA approved security program for JWA requires that each person issued a JWA security badge is made aware of his/her responsibilities regarding the privilege of access to restricted areas of JWA.

a. All persons within the restricted air operation areas of JWA are required to display, on their person, a JWA security badge; unless they are specifically exempted for safety reasons or they are under escort by a properly badged individual. Each JWA employee, JWA Contractor, subcontractor or tenant employee who has been issued a JWA security badge is responsible for challenging any individual who is not properly displaying a JWA issued or approved and valid identification badge. Any person who is not properly displaying or who cannot produce a valid JWA security badge must immediately be referred to the Sheriff's Department - Airport Police Services Office for proper handling.

b. JWA security badge is the property of County and must be returned upon termination of Contractor personnel employment and/or termination, expiration or completion of Contract. The loss of a badge shall be reported within 24 hours to the Sheriff's Department - Airport Police Services by calling (949) 252-

5000. Individuals that lose their badge shall be required to pay a fee before receiving a replacement badge. The charge for lost badge replacement shall be at the current posted rate located in the JWA Administration Office. A report shall be made before a replacement badge shall be issued.

c. JWA security badge is nontransferable.

d. In the event that a contractor’s badge is not returned to JWA upon termination of

Contractor personnel employment and/or termination or expiration of Contract, a fine of $250.00 per badge shall be charged to Contractor. Contractor’s final payment may be held by County or a deduction from contractor’s payment(s) may be made to ensure that funding is available to cover the fine in the event that badges are not returned.

e. Contractor shall submit the names, addresses, and driver’s license numbers for all

Contractor personnel who shall be engaged in work under this Contract to County

Project Manager within seven days after award of the Contract or within seven days after the start of any new Contractor personnel and/or prior to the start of any work.

f. No worker shall be used in performance of this work that has not passed the background check.

3. Anti-Idling Policy: Within six months of Contract execution, Contractor must develop, implement and submit to the Airport Director for approval a fleet-wide anti-idling policy. At a minimum, the anti-idling policy shall include the requirement that vehicle engines shall be turned off when vehicles are not occupied, and that occupied vehicles be turned off after no more than a five-minute idling period. Contractor’s policy shall also include all third-party vehicles that enter Airport property at the direction of Contractor.

SECTION 8. John Wayne Airport - Civil Rights and Non-Discrimination

8.1 TITLE VI SOLICITATION NOTICE

The County of Orange, in accordance with the provisions of Title VI of the Civil Rights Act of

1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, Businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no business will be discriminated against on the grounds of race, color, or national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

8.2 PROCUREMENT AND PRE-BID DEMOGRAPHIC SURVEY

John Wayne Airport (JWA) is required by the Federal Aviation Administration to request information on the racial and ethnic ownership of businesses seeking contractual or business opportunities with the Airport. Please provide this information in the following online form:

https://forms.office.com/g/JDEyLfcptc…