Proposal_Documents_-_Airport_Fixed_Base_Operator.pdf

Wicomico County Purchasing Department

125 N. Division Street, Room B-3

Salisbury, Maryland 21801

REQUEST FOR PROPOSAL

PROJECT: Airport Fixed Base Operator

DEPARTMENT: SBY Regional Airport

VENDOR:

NAME:

ADDRESS:

PROPOSAL OPENING:

Tuesday, December 19. 2024

DATE:

TIME: 2:00 p.m.

TABLE OF CONTENTS

SECTION I: INTRODUCTION

A. PURPOSE

B. CLARIFICATION OF TERMS

C. QUESTIONS AND INQUIRES

D. FILLING OUT PROPOSAL DOCUMENTS

E. SUBMISSION OF PROPOSAL DOCUMENTS

F. OPENING OF PROPOSALS

G. ACCEPTANCE OR REJECTION OF PROPOSALS

H. QUALIFICATIONS

I. DESCRIPTIVE LITERATURE

J. NOTICE TO VENDORS

K. PIGGYBACKING

SECTION II: GENERAL INFORMATION

A. ECONOMY OF PROPOSAL

B. PUBLIC INFORMATION ACT (PIA)

C. CONTRACT AWARD

D. AUDIT

E. NONPERFORMANCE

F. MODIFICATION OR WITHDRAWL OF PROPOSAL

G. DEFAULT

H. COLLUSION/FINANCIAL BENEFIT

I. TAX EXEMPTION

J. CONTRACT CHANGES

K. ADDENDUM

L. EXCEPTIONS/ SUBSTITUTIONS

M. APPROVED EQUALS

N. DELIVERY

O. INSURANCE

SECTION III: PROPOSAL SPECIFICATIONS

A. SCOPE OF WORK

B. CONTRACT TERM

C. CONTRACT PERIOD RENEWAL OPTION

D. SPECIFIC REQUIREMENTS

E. BACKGROUND

F. SERVICES, ACTIVITY/FUEL, RENTS & FEES, INVESTMENT/DEVELOPMENT

G. PROPOSAL FORMAT AND CRITERIA

H. ATTACHMENTS

I. GENERAL REQUIREMENTS

J. PRE-BID MEETING

K. INVOICING/PAYMENT

L. QUESTIONS

M. AWARD

SECTION IV: EVALUATION AND SELECTION PROCESS

FORM OF PROPOSAL

REFERENCES

EXCEPTIONS

INDIVIDUAL PRINCIPAL

VENDOR’S AFFIDAVIT OF QUALIFICATION TO BID

NON-COLLUSIVE AFFIDAVIT

EXHIBIT A

SECTION I: INTRODUCTION

A. PURPOSE

1. The purpose of this Request for Proposal Document is for Wicomico County (“County”) to contract for Fixed Base Operator services at SBY Regional Airport in conformity with the requirements contained herein (“Proposal Document(s)”).

B. CLARIFICATION OF TERMS

1. Professional firms or individuals that submit a proposal for award of a contract (“Contract”) are referred to as vendors (“Vendors”) in this document. The Vendor that is awarded the Contract is herein referred to as the (“Successful Vendor”).

C. QUESTIONS AND INQUIRES

1. Questions must be addressed in writing to Wicomico County Purchasing at purchasing@wicomicocounty.org.

2. The last date to submit questions for clarification will be noon Tuesday, November 5, 2024.

3. Addenda are posted on the County website at www.wicomicocounty.org under Government:

Departments: Purchasing: at www.wicomicocounty.org/bids.aspx at least five (5) calendar days before proposal opening.

4. It is the Vendors responsibly to make sure all addenda are acknowledged in their proposal.

Failure to do so could result in the proposal being disqualified.

5. Any contact by a potential respondent to County (including all airport representatives) regarding this RFP is strictly prohibited and may result in disqualification of the respondent.

D. FILLING OUT PROPOSAL DOCUMENTS

1. Use only forms supplied by the County.

2. One (1) unbound original and five (5) bound copies of the proposal form and any required attachments must be submitted in the solicitation and can be submitted in the same envelope unless otherwise instructed.

3. Proposal Documents should be complied as follows: (1) Cover letter, (2) Form of Proposal, (3)

References, (4) Exceptions Document and Signed addenda, if necessary (5) Individual Principal

Document, (6), Vendor’s Affidavit of Qualification to Bid, and (7) Non-Collusive Affidavit

4. Where so indicated by the make-up of the Proposal Documents, sums will be expressed in both words and figures, and in the case of a discrepancy between the two, the amount written in words will govern. In the event there is a discrepancy between the unit price and the extended totals, the unit prices will govern.

5. Any interlineation, alteration, or erasure will be initialed by the signer of the Proposal

Documents.

6. Each copy of the Proposal Documents will be signed by the person(s) legally authorized to bind the Vendor to a contract, using the legal name of the signer. Proposal Documents submitted by an agent will have a current Power of Attorney attached certifying the agent’s authority to bind the Vendor.

7. Vendor will supply all information and submittals required by the Proposal Documents to constitute a proper and responsible completed Proposal Document package.

8. Any ambiguity in the Proposal Documents as a result of omission, error, lack of clarity or non-compliance by the Vendor with specifications, instructions, and/or all conditions of bidding will be construed in the light most favorable to the County.

mailto:purchasing@wicomicocounty.org http://www.wicomicocounty.org/ http://www.wicomicocounty.org/bids.aspx

E. SUBMISSION OF PROPOSAL DOCUMENTS

1. All copies of the Proposal Documents and any other documents required to be submitted with the

Proposal Documents will be enclosed in a sealed envelope. The envelope will be addressed to the

Wicomico County Purchasing Department and will be identified with the project name:

AIRPORT FIXED BASE OPERATOR and the Vendor’s name and address. If the Proposal

Documents are sent by mail, the sealed envelope will be enclosed in a separate mailing envelope with the notation “SEALED PROPOSAL DOCUMENTS ENCLOSED” on the face thereof.

2. Proposals must be mailed or hand carried to Wicomico County Purchasing Department, 125 N.

Division Street, Government Office Building, Room B-3, Salisbury, MD 21801, in order to be received in the office of the Purchasing Agent prior to the announced proposal deadline.

Proposals received after said time or delivered to the wrong location will be returned to the

Vendor unopened.

3. Proposals are due and will be opened at the time listed on the front of this Proposal

Document.

4. If you are delivering a proposal in person, please keep in mind to allow time to sign-in at the security station in the lobby. It is fully the responsibility of the Vendor to ensure that the proposal is received on time.

5. The County will not speculate as to reasonableness of the postmark, nor comment on the apparent failure of a public carrier to have made prompt delivery of the proposal.

6. Vendors, or their authorized agents, are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Proposal Documents; failure to do so will be at the Vendor’s own risk.

7. A fully executed Affidavit of Qualification to Bid will be attached to each Proposal Document.

8. MINORITY VENDORS ARE ENCOURAGED TO PARTICIPATE.

9. All Vendor submitted Proposal Documents will be valid for a minimum of sixty (60) days from the date of Proposal Document opening.

10. Electronically mailed proposals are not considered sealed proposals and will not be accepted.

F. OPENING OF PROPOSALS

1. Proposal Documents received on time will be opened publicly and only Vendor’s names will be read aloud for the record.

2. The Contract will be awarded or all Proposal Documents will be rejected within sixty (60) days from the date of the Proposal Document opening.

G. ACCEPTANCE OR REJECTION OF PROPOSALS

1. Unless otherwise specified, the Contract will be awarded to the most RESPONSIBLE and

RESPONSIVE Vendor complying with the provisions of the Proposal Documents, provided the

Proposal price is reasonable, does not exceed the funds available, and it is in the best interest of the County to accept it. The County reserves the right to reject the Proposal Documents of any

Vendor who has previously failed to perform properly in any way or complete on time contracts of a similar nature; or a Proposal Document from a Vendor who, investigation shows, is not in a position to perform the Contract; or Proposal Documents from any person, firm, or corporation which is in arrears or in default to the County for any debt or contract.

2. Completed Proposal Documents from Vendors debarred from doing business with the State of

Maryland or the Federal Government will not be accepted.

3. In determining a Vendor’s RESPONSIBILITY, the County may consider the following qualifications, in addition to price:

a. Ability, capacity, and skill to provide the commodities or services required within the specified time, including future maintenance and service, and including current financial statement or other evidence of pecuniary resources and necessary facilities.

b. Character, integrity, reputation, experience and efficiency.

c. Quality of past performance on previous or existing contracts, including a list of current and past contracts and other evidence of performance ability.

d. Previous and existing compliance with laws and ordinances relating to contracts with the

County and to the Vendor’s employment practices.

e. Evidence of adequate insurance to comply with Contract terms and conditions.

f. Statement of current work load and capacity to perform/provide the Goods and/or

Services.

g. Explanation of methods to be used in fulfilling the Contract.

h. The Vendor, if requested, will be prepared to supply evidence of its qualifications, listed above, and its capacity to provide/perform the Goods and/or Services; such evidence to be supplied within a specified time and to the satisfaction of the County.

4. In determining a Vendor’s RESPONSIVENESS, the County will consider whether the Proposal

Document conforms in all material respects to the Proposal Documents. The County reserves the right to waive any irregularities that may be in its best interest to do so.

5. The County will have the right to reject any and all Proposal Documents, where applicable to accept in whole or in part, to add or delete quantities, to waive any informalities or irregularities in the Proposal Document received, to reject a Proposal Document not accompanied by required

Bid security or other data required by the Proposal Documents, and to accept or reject any

Proposal Document which deviates from specifications when in the best interest of the County.

Irrespective of any of the foregoing, the County will have the right to award the Contract in its own best interests.

H. QUALIFICATIONS

1. The Vendor must be in compliance with the laws regarding conducting business in the State of

Maryland.

All Vendors shall provide a copy Certificate of Status from the Maryland Department of

Assessments and Taxation, evidencing the Vendor is in good standing with the State of Maryland.

See https://sdatcert1.resiusa.org/certificate_net/ for information on obtaining the Certificate of

Status. Certificates of status are not available for trade names, name reservations, government agencies, sole proprietorships, and some other accounts as these are not legal entities and thus are not required for these categories of Vendors. For more information on the Certificate of

Status please see http://www.dat.state.md.us/sdatweb/COSinfo.html .

2. Wicomico County reserves the right, at its sole discretion, to extend the date this documentation must be provided. The Vendor’s inability to provide this documentation could result in the proposal being rejected.

3. All Vendors who wish to bid on County projects and contracts need to register as a bidder at www.wicomicocounty.org/list.aspx?Mode=Subscribe#bids by checking off the categories for which you wish to be informed of future bids.

https://sdatcert1.resiusa.org/certificate_net/ http://www.dat.state.md.us/sdatweb/COSinfo.html http://www.wicomicocounty.org/list.aspx?Mode=Subscribe#bids

I. DESCRIPTIVE LITERATURE

1. The proposed descriptive literature fully describing the product bid is what is intended to be included as the price. Failure to do so may be cause for rejection of the proposal.

2. Any items, systems or devices supplied in this proposal that are proprietary in nature relative to maintenance, repair, servicing or updating must be disclosed on the proposal form.

J. NOTICE TO VENDORS

1. Before a Vendor submits the Proposal Documents it will need to become fully informed as to the extent and character of the Goods and/or Services required and are expected to completely familiarize themselves with the requirements of this Proposal Document’s specifications. Failure to do so will not relieve the Vendor of the responsibility to fully perform in accordance therewith.

No consideration will be granted for any alleged misunderstanding of the material to be furnished or the Services to be performed, it being understood that the submission of a Proposal Document is an agreement with all of the items and conditions referred to herein.

K. PIGGYBACKING

1. Wicomico County may authorize, upon request, any governmental entity (hereafter Authorized

User) within the County to purchase items under the contract awarded pursuant to this bid solicitation.

2. All purchase orders issued against the contract by an authorized User shall be honored by the

Contractor in accordance with all terms and conditions of this contract.

3. The issuance of a purchase order by an Authorized User pursuant to this provision shall constitute an express assumption of all contractual obligations, covenants, conditions and terms of the contract. A breach of the contract by any particular Authorized User shall neither constitute nor be deemed a breach of the contract as a whole which shall remain in full force and effect, and shall not affect the validity of the contract nor the obligations of the Contractor thereunder respecting the County.

4. The County specifically and expressly disclaims any and all liability for any breach by an authorized User other than the County and each such Authorized User and Contractor guarantee to save the County, its officers, agents and employees harmless from any liability that may be or is imposed by the Authorized User’s failure to perform in accordance with its obligations under the contract.

END OF SECTION

SECTION II: GENERAL INFORMATION

A. ECONOMY OF PROPOSAL

1. Proposal Documents will be prepared simply and economically, providing straightforward and concise description of the Vendor’s capabilities to satisfy the requirements of the Proposal

Documents. Emphasis should be on completeness and clarity of content. Elaborate brochures and other representations beyond that sufficient to present a complete and effective Proposal

Document are neither required nor desired.

B. PUBLIC INFORMATION ACT (PIA)

1. Wicomico County is subject to the Maryland Public Information Act and may be required to release proposal submissions in accordance with the Act.

2. Any materials the Vendor deems to be proprietary or copyrighted must be marked as such;

however, the material may still be subject to analysis under the Maryland Public Information Act.

a. The Vendor may invoke proprietary information or trade secret protection for submission of any data/material by (1) identifying the data/material in a written description, (2) clearly marking the data/material as proprietary, and (3) providing a written statement detailing the reasons why protection is necessary. The County reserves the right to ask for additional clarification prior to establishing protection.

C. CONTRACT AWARD

1. A written award by the County to the Successful Vendor in the form of a Purchase Order or other contract document will result in a binding Contract without further action by either party. If the

Successful Vendor fails or refuses to sign and deliver the Contract and the required insurance documentation, the County will have the right to award to the next responsible and responsive

Vendor. Contract will be executed by the Successful Vendor within fourteen (14) calendar days of receipt of the Contract.

2. Proposal Documents and Contracts issued by the County will bind the Vendor to applicable conditions and requirements herein set forth, unless otherwise specified in the Proposal

Documents, and are subject to all federal, state, and municipal laws, rules, regulations, and limitations.

3. County personal property taxes (“Taxes”) must be on a current basis; if any such Taxes are delinquent, they must be paid before award of Contract. Failure to pay will result in the award of

Contract to another Vendor.

4. The County reserves the right to engage in individual discussions and interviews with those

Vendors deemed fully qualified, responsible, suitable and professionally competent to provide the required Goods and/or Services should the project size warrant it. Vendors will be encouraged to elaborate on their qualifications, performance data, and staff expertise.

D. AUDIT

1. The Successful Vendor agrees to retain all books, records, and other documents relative to the awarded Contract for five (5) years after final payment, or until audited. The County, its authorized agents, and/or State auditors will have full access to and the right to examine any of said materials during said period.

E. NONPERFORMANCE

1. The County reserves the right to inspect all operations and to withhold payment for any goods not performed or not performed in accordance with the specifications in this Proposal Document.

Errors, omissions or mistakes in performance will be corrected at no cost to the County. Failure to do so will be cause for withholding of payment for that Goods and/or Services. In addition, if deficiencies are not corrected in a timely manner, the County may characterize the Successful

Vendor as uncooperative, which may jeopardize future project order solicitations.

F. MODIFICATION OR WITHDRAWL OF PROPOSAL

1. A Proposal Document may not be modified, withdrawn, or cancelled by the Vendor during the stipulated time period following the time and date designated for the receipt of Proposal

Documents, and each Vendor so agrees in submitting Proposal Documents.

G. DEFAULT

1. The Contract may be cancelled or annulled by the County in whole or in part by written notice of default to the Successful Vendor upon non-performance, violation of Contract terms, delivery failure, bankruptcy or insolvency, any violation of state or local laws, or the making of an assignment for the benefit of creditors. An award may then be made to the next most highly rated

Vendor, or when time is of the essence, similar commodities and/or service may be purchased on the open market. In either event, the defaulting Vendor (or his surety) will be liable to the County for cost to the County in excess of the defaulted Contract price.

2. If a representative or warranty of either Party to the Contract is false or misleading in any material respect, or if either Party breaches a material provision of the Contract (“Cause”), the non-breaching Party will give the other Party written notice of such cause. If such Cause is not remedied within fifteen (15) calendar days (“Cure Period”) after receipt of such notice, (unless, with respect to those Causes which cannot be reasonably corrected or remedied within the Cure

Period, the breaching Party will have commenced to correct or remedy the same within such Cure

Period and thereafter will proceed with all due diligence to correct or remedy the same), the Party giving notice will have the right to terminate this Contract upon the expiration of the Cure Period.

H. COLLUSION/FINANCIAL BENEFIT

1. The Vendor certifies that his/her Proposal is made without any previous understanding, agreement, or connection with any person, firm, or corporation making a Proposal Document for the same project; without prior knowledge of competitive prices; and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

2. Upon signing the Proposal Document, Vendor certifies that no member of the governing body of the County, or members of his/her immediate family, including spouse, parents or children, or any other officer or employee of the County, or any member or employee of a Commission, Board, or Corporation controlled or appointed by the Executive or Council has received or has been promised, directly or indirectly, any financial benefit, related to this Proposal Document and subsequent Contract.

I. TAX EXEMPTION

1. In buying products directly from a Vendor Wicomico County is exempt from being directly charged Federal excise and Maryland sales tax. A copy of an exemption certificate shall be furnished upon request.

2. According to the Office of the Comptroller of Maryland, a Contractor is responsible for paying sales tax on his/her purchases relating to any projects or services and should incorporate it into their proposal.

3. Contractors cannot use the County tax exemption to buy materials or products used on County projects.

J. CONTRACT CHANGES

1. NO CLAIMS may be made by anyone that the scope of the project or that the Vendor’s Goods and/or Services have been changed (requiring changes to the amount of compensation to the

Vendor or other adjustments to the Contract) UNLESS such changes or adjustments have been made by an approved WRITTEN AMENDMENT (Change Order) to the Contract signed by the

Purchasing Agent (and the County Council, if required), prior to additional Goods and/or

Services being initiated. Extra Goods and/or Services performed without prior, approved, written authority will be considered as unauthorized and at the expense of the Vendor. Payment will not be made by the County.

2. NO ORAL conversations, agreements, discussions, or suggestions, which involve changes to the scope of the Contract, made by anyone including any County employee, will be honored or valid.

No written agreements or changes to the scope of the Contract made by anyone other than the

Purchasing Agent (with County Council approval, if required) will be honored or valid.

3. If any Change Order in the Goods and/or Services results in a reduction in the Goods and/or

Services, the Vendor will neither have, nor assert any claim for, nor be entitled to any additional compensation for damages or for loss of anticipated profits on Goods and/or Services that are eliminated.

K. ADDENDUM

1. No oral statements of any person will modify or otherwise affect or interpret the meaning of the

Contract specifications, or the terms, conditions, or other portions of the Contract. All modifications and every request for any interpretation must be addressed to the Wicomico

County’s Purchasing Agent and to be given consideration, must be received no later than the last day for questions listed in Section I, Subsection C.2.

2. Any and all interpretations, corrections, revisions, and amendments will be issued by the

Purchasing Agent to all holders of Proposal Documents in the form of written addenda. Vendors are cautioned that any oral statements made by any County employee that materially change any portion of the Proposal Documents will not be relied upon unless subsequently ratified by a formal written amendment to the Proposal Document.

3. All addenda will be issued so as to be received at least five (5) days prior to the time set for receipt of Proposal Documents, and will become part of the Contract and will be acknowledged in the Proposal Document form. Failure of any Vendor to receive any such addenda will not relieve said Vendor from any obligation under the Proposal Document as submitted.

4. Vendors are cautioned to refrain from including in their Proposal Document any substitutions which are not confirmed by written addenda. To find out whether the County intends to issue an amendment reflecting an oral statement made by any employee, contact the Wicomico County’s

Purchasing Agent during normal business hours.

5. The Wicomico County Purchasing Agent reserves the right to postpone the Proposal Document opening for any major changes occurring in the 5-day interim which would otherwise necessitate an Addendum.

L. EXCEPTIONS/ SUBSTITUTIONS

1. Any exceptions or substitutions to the specifications requested should be marked on the proposal form and listed on a separate sheet of paper attached to the proposal.

2. An exception to the specifications may not necessarily disqualify the proposal. The County will determine if the exception is an essential deviation or a minor item.

3. In the case of a minor deviation, the County maintains the option to award to that Vendor if it determines the performance is not adversely affected by the exception.

M. APPROVED EQUALS

1. In all specifications where a material or article is defined by describing a proprietary product or by using the name of a Vendor or manufacturer, it can be assumed that an approved equal can be substituted.

2. The use of a named product is an attempt to set a particular standard of quality and type that is familiar to the County. Such references are not intended to be restrictive.

3. However, the County shall decide if a product does in fact meet or exceed the quality of the specifications listed in the solicitation. It shall be the responsibility of the Vendor that claims his product is an equal to provide documentation to support such a claim.

N. DELIVERY

1. All items shall be delivered F.O.B. destination and delivery costs and charges included in the proposal unless otherwise stated in the specifications or proposal form.

O. INSURANCE

1. If required by the General Conditions or Terms and Conditions, the Successful Vendor shall provide the County with Certificates of Insurance within ten (10) calendar days of proposal award notification evidencing the required coverage.

2. Successful Vendor must provide Certificates of Insurance before commencing work in connection with the Contract.

SECTION III: PROPOSAL SPECIFICATIONS

A. SCOPE OF WORK

1. The Wicomico County Department of Aviation is issuing this Request for Proposals to receive proposals from interested, qualified parties who seek to provide non-exclusive

Fixed Base Operator services at the Salisbury-Ocean City Wicomico Regional Airport

(“SBY”) effective July 1, 2025, in accordance with the terms and conditions and specifications set forth in this solicitation.

B. CONTRACT TERM

1. The County’s new agreement includes a twenty (20) year base term in exchange for the rents, fees, and commitment by respondent to timely complete the above developments.

C. CONTRACT PERIOD RENEWAL OPTION

1. The County reserves the right to extend the Contract Period for ten (10) year option term.

The option term is based upon mutual agreement of the parties; however, for each additional community hangar developed (beyond the commitment above) at any point during the first ten years of the base term, the County will add two years of the option term to the respondent’s base term.

D. SPECIFIC REQUIREMENTS

1. A qualified party would be an established fixed base operator that currently serves at least one U.S. airport and is able to provide financial verification of its ability to invest in capital projects and to support an operation at SBY.

2. The County intends to award a contract to a respondent that will meet the County’s qualification criteria and has successfully performed similar services at another airport.

The successful respondent will be required to enter into a contract with the County for the services requested in this RFP within thirty (30) days after award.

3. A respondent must be prepared to use the County’s contract rather than its own contract version. A sample agreement will be included via addendum as Exhibit 1 to this RFP.

The County intends to award a contract substantially in the form of Exhibit 1 to the successful respondent.

E. BACKGROUND

1. SBY is a commercial non-hub airport located on the eastern shore of Maryland and is the only commercial airport with daily scheduled flights in the area. It serves southern

Delaware, the eastern shore of Maryland, and the eastern shore of Virginia. Located in

Salisbury, with a metropolitan statistical area of over 400,000 persons, the airport hosts

American Eagle with trips to CLT and PHL.

2. Bay Land Aviation (“Bay Land”) is the only FBO serving SBY and has an agreement with the County expiring June 30, 2025. The current agreement has been in place with

Bay Land since September 1984.

3. The facilities utilized by the FBO are owned by the County. These facilities include a GA

Terminal (approximately 3,000 square feet) and a few of the T-hangars. The County has available a maintenance hangar (Hangar #11 of approximately 9,600 total square feet with 8,340 square feet of hangar bay space), the ARFF hangar (Hangar #9 of approximately 4,600 square feet) and the County manages three rows of T-hangars.

Condition assessments have been completed for the GA terminal, maintenance hangar and ARFF hangar and are attached as Exhibit 2 to this RFP.

4. The County has designated adjacent property for additional hangar construction as well as future property across the airfield. The County intends for respondents to propose a development schedule for future hangars.

5. In addition, the County will complete a new fuel farm, by the successful respondent’s new agreement commencement date, with two, 20K gallon tanks for Jet-A and one, 12K gallon tank for 100LL. The current FBO will be required to remove the underground fuel farm after completion of the new fuel farm containment area and this will not be the responsibility of the successful respondent.

6. Further, on October 10, 2024, the County, along with state and federal elected officials conducted an official groundbreaking for a runway extension. The current runway 14/32 will be extended from 6,400 feet to 7,600 feet. The runway extension project should be completed by mid-2026.

7. For a visual of the FBO facilities, see attached Exhibit 3.

F. SERVICES, ACTIVITY/FUEL, RENTS & FEES, INVESTMENT/DEVELOPMENT

1. SBY updated its minimum standards and rules and regulations in 2018, in part, to account for future unmanned aircraft system operations. Those Minimum Standards and Rules and Regulations we included as part of the Request for Information. Although not attached as a part of this RFP, those documents are available on the County website.

2. Pursuant to the Minimum Standards, an FBO must be engaged in the business of providing multiple aeronautical services including aircraft fueling and aircraft maintenance. A minimum of three of the following aeronautical services is required:

a. Sale of new aircraft parts and components

b. Flight training and aircraft rental

c. Aircraft charter

d. Sale of new and used aircraft

e. Aircraft refurbishing and/or painting

f. Avionics repairs and sales

3. Any two of the three required aeronautical services may be subcontracted to a third party meeting the Minimum Standards for that activity, except aircraft fueling and A/P repair services may not be subcontracted.

4. Pursuant to the Rules and Regulations, aircraft fueling rights will be permitted for an

FBO and/or a person who has been granted the right to perform fueling on its own aircraft pursuant to a separate agreement with the airport. In addition, general aviation, private, business, or corporate aircraft are not allowed to use the terminal area gates or apron but must utilize the FBO for overnight parking and services.

5. Respondents are provided the opportunity to offer additional services to which it may operate at SBY or to which it may subcontract at SBY.

6. Activity & Fuel:

a. In calendar year 2023, SBY had 56,879 non-commercial operations. This number is generally steady but has increased in calendar year 2024 by 26% year over year.

Type CY 2023 Operations CY 2024 Operations (YTD August)

Air Taxi 6,915 4,428

GA Local 16,400 22,862

GA Itinerant 18,157 14,973

Military 15,407 4,959

Total 56,879 47,222

b. American Eagle (Piedmont) had approximately 3,000 operations (arrivals and departures) in year ending August 2024.

c. SBY currently has approximately 60 single and multi-engine aircraft based at the airport, and 2-3 of Piedmont’s 60 jets at any given time. Both the general aviation and Piedmont aircraft receive fuel from the FBO.

d. Bay Land dispensed over 550,000 gallons of fuel for Piedmont, and sold over

260,000 gallons of Jet-A and over 50,000 gallons of 100LL, in year ending

August 2024.

e. Fuel flowage, including Piedmont:

Fuel 09/23 - 8/24

Avgas 52,910

Jet-A 263,231

Piedmont 554,816

Total 870,957

7. Rents & Fees:

a. Under a new agreement, the County intends to implement the below rate schedule. Other items may not be listed that would be includable in rents and fees. All items are subject to annual CPI adjustments and/or future appraisals.

Min annual guarantee None

GA terminal rent $6.80/sf/yr ($20,400).

Hangar rent $4.60/sf/yr (Hangar 9: $21,160, Hangar 11: $44,160); Hangar 11 rent may be discounted up to 50% due to the level of repair required.

Fuel flowage fee $0.14 per gallon

Fuel usage fee $0.08 per gallon of FBO dispensed fuel price.

Landing fee $2.65/1,000 lbs. A landing fee per 1,000 pounds for aircraft weighing more than 12,500 pounds.

Aircraft parking fee $15.00-$125.00.

Fuel farm throughput fee Per gallon fee at 50% of cost recovery

FBO gross revenues 1% of location-based services and technical services

b. In 2023, the County studied these fees upon which it was recommended that the

County establish aeronautical fees utilizing a cost recovery-based methodology and not solely a market-based approach. However, full cost recovery may not be achieved but a target of up to fifty percent is recommended. For facilities developed by FBO, only ground rentals would be charged during the depreciation period.

8. Investment/Development/Term:

a. The County anticipates certain investment by the successful respondent. Further, the County has designated certain areas for the development of additional hangars at SBY.

b. The County seeks a development plan from the respondents that meet the following goals and timelines:

i. Year 1:

a. Respondent would refresh the GA terminal.

b. Respondent would address the immediate needs in the current

FBO premises, specifically those repairs stated in the condition assessments (Exhibit 2) for the GA terminal, Hangar 9, and

Hangar 11.

ii. Year 3:

a. Respondent would develop one (1) community hangar within the designated areas.

iii. Year 5

a. Respondent would develop a new GA terminal.

G. PROPOSAL FORMAT AND CRITERIA

1. Proposal Format

2. Respondents will submit their proposals utilizing the following outline below:

a. Cover letter

b. Executive Summary

c. Proposal

i. Company information and background

ii. Other FBO locations and pertinent information

iii. Qualifications

iv. Financial capacity to operate an FBO at SBY and to support capital investments

v. Interest in SBY, explanation of respondent’s benefits to SBY, and respondent’s vision for its operation at SBY

vi. Additional services respondent could provide at SBY (e.g., maintenance)

vii. Transition plan to begin services at SBY, including anticipated timeline and accelerated timeline, as well as the hiring process and approach to current FBO employees

viii. Marketing plan for SBY

ix. Development plan and timeline for SBY

x. Respondent’s approach to pricing of products and services at SBY

xi. Respondent’s loyalty programs and discounting for based tenants

d. References

e. Exceptions to sample agreement

f. Good faith efforts plan to include ACDBE

g. Acknowledgement of addendum

H. ATTACHMENTS

1. Exhibit 1: Sample Agreement (Coming via Addendum)

2. Exhibit 2: Condition Assessments

3. Exhibit 3: FBO Premises

I. GENERAL REQUIREMENTS

1. The Successful Vendor must be licensed to perform Work in the State of Maryland.

J. PRE-BID MEETING

1. A Pre-bid meeting is scheduled for 2:30 pm on Tuesday, October 29, 2024 at the

Airport: 5485 Airport Terminal Rd., Salisbury, Maryland 21804

2. The Pre-Bid Meeting is not mandatory.

3. The purpose of this meeting is to allow potential respondents to gain a better understanding of the RFP and to tour the facilities. Attendance is highly encouraged. No oral comments made at the meeting are binding on the parties. Any questions that arise during the meeting should be submitted in writing for County response.

4. Please RSVP for either in-person or virtual.

a. Tony Rudy, A.A.E., Airport Director

b. Salisbury Regional Airport

c. (O) 410.548.4827

d. (E) arudy@wicomicocounty.org

5. A video conference number will be provided.

K. INVOICING/PAYMENT

1. The County will not be responsible for any costs incurred by any vendor in preparing and submitting a proposal.

2. Successful Vendor agrees to complete any necessary vendor paperwork as required by the County.

L. QUESTIONS

1. The last day for questions is listed under Section I, Subsection C.2.

M. AWARD

1. The County intends to award to the Vendor whose Completed Proposal Documents represents the best value to the County.

SECTION IV: EVALUATION AND SELECTION PROCESS

1. All Vendors are advised that in the event of a receipt of adequate number of Proposal Documents which, in the opinion of the County, require no clarification and/or supplementary information, such Proposal Documents may be evaluated without discussion. Hence, Proposal Documents should be initially submitted on the most complete and favorable terms which Vendors are capable of offering the County. Proposal Documents will be evaluated using the following criteria:

Maximum Points

Criterion

20 Responsiveness to RFP requirement and vision alignment with County

20 Financial capacity to operate FBO and support capital investments

20 Transition plan, Development plan

20 Marketing plan, approach to pricing, loyalty and discount programs

20 Reference Feedback

2. A County evaluation team will review and score the proposals.

3. After identifying the short list of the most qualified Vendor(s) based on the evaluation criteria, representative(s) may be required to clarify their Proposals by making individual presentations to the evaluation committee.

4. If an interview is necessary, as determined in the sole discretion of the County, the evaluation team will assign up to 30 points to the interviewees to determine which respondent will be awarded.

5. The County may enter into negotiations with Vendors and invite best and final offers as deemed to be in the best interest of the County. Negotiations may be in the form of face-to-face, telephone, facsimile, e-mail or written communications, or any combination thereof, at the

County’s sole discretion.

6. Vendors are strongly advised not to prepare their Proposal submissions based on any assumption or understanding that negotiations will take place. Vendors are advised to respond to this

Request for Proposals fully and with forth-rightness at the time of Proposal submission.

7. Vendors are strongly cautioned not to contact elected officials or members of the evaluation committee. All questions and comments should be directed through the Purchasing Department.

Inappropriate efforts to lobby or influence individuals involved in this selection may result in dismissal from further consideration, at the County’s sole discretion.

THIS AND PREVIOUS SECTIONS, OTHER THAN THE COVER PAGE, DO NOT NEED TO BE

RETURNED WITH SUBMITTAL

FORM OF PROPOSAL

To whom it may concern:

We hereby submit our Proposal Documents for “Airport Fixed Based Operator” as indicated in the

Proposal Documents. Having carefully examined the Proposal Documents and having received clarification on all items of conflict or upon which any doubt arose, the undersigned hereby requests consideration of our Vendor for award of the referenced Proposal.

Proposal Submission Checklist

Cover Letter

Form of Proposal (this sheet)

References

Exceptions Document and Signed Addenda

Individual Principal Document

Vendor’s Affidavit of Qualification to Bid

Non-Collusive Affidavit

Certificate of Status from the Maryland Department of Assessments and Taxation

Executive Summary

Proposal (Items a through k)

Good Faith efforts plan to include ACDBE

The successful respondent agrees to execute the contract within thirty (30) days of award.

(Yes)____ (No) _____ CHECK One.

The Vendor agrees that the proposal will be good for at least sixty (60) days unless otherwise indicated in the proposal specifications.

Is your company currently involved in any active litigation? (Yes)____ (No) _____ CHECK One.

Have you included your certificate of good standing with the State of Maryland? (See Section I, Subsection H.1 for more information.) (Yes)____ (No) _____ CHECK One.

Is your company currently involved in any mergers or acquisitions? (Yes)____ (No) _____ CHECK One.

Has your organization compiled your Completed Proposal Document as per Section I, subsection D.3 and in accordance with the Proposal Specifications Section of this Proposal Document?

(Yes)____ (No) _____ CHECK One

NOTE: THIS PROPOSAL FORM MUST BE SIGNED BY AN OFFICER OF YOUR COMPANY OR

AN AUTHORIZED AGENT FOR THIS PROPOSAL TO BE CONSIDERED VALID BY THE

COUNTY.

Sign for Identification Printed Name

Title Email

REFERENCES

List three (3) references for which the Vendor has provided Goods/Services similar to those requested in the Proposal Document within the last 12-36 months. Include contact name, address, telephone number, email address and services provided.

Company

Name:

Company

Name:

Type of Project: Type of Project:

Address: Address:

Town, State, Zip Code:

Town, State, Zip

Code:

Contact Person: Contact Person:

Telephone

Number:

Number:

Email: Email:

Date of Service: Date of Service:

Company

Name:

Type of Project:

Address:

Town, State, Zip Code:

Contact Person:

Number:

Email:

Date of Service:

EXCEPTIONS

The undersigned hereby certifies that, except as listed below, or on separate sheets attached hereto, the enclosed Completed Proposal Document covers all items as specified.

EXCEPTIONS:

(If none, write NONE) _______________________________________________

THE VENDOR HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING

ADDENDA.

Number Date Initials

INDIVIDUAL PRINCIPAL

Vendor Name: ______________________________________

Signed By: _____________________________ In the presence of: _________________________

Address of Vendor: ____________________________ Town, State, Zip ____________________

Telephone No.: _________________ Fax: _________________ Email: _____________________

CO-PARTNERSHIP PRINCIPAL

Name of Co-Partnership: ____________________________

Address: __________________________________ Town, State, Zip

Telephone No.: _______________________________ Fax: ______________________________

Signed By: ______________________________ In the presence of: ________________________

Partner Witness

Signed By: ______________________________ In the presence of: ________________________

Partner Witness

Signed By: ______________________________ In the presence of: ________________________

Partner Witness

CORPORATE PRINCIPAL

Name of Corporation: _______________________________

Address: _________________________________ Town, State, Zip

Telephone No.: ____________________________ Fax:

Signed By: ______________________________ In the presence of: ________________________

President Witness

Attest: ___________________________________

Corporate Secretary

Affix Corporate Seal

VENDOR’S AFFIDAVIT OF QUALIFICATION TO BID

I HEREBY AFFIRM THAT:

I, __________________________________ am the _____________________________

(Printed Name) (title) and the duly authorized representative of the Vendor of

________________________________________ whose address is

(Name of corporation) and that I possess the legal authority to make this affidavit on behalf of myself and the Vendor for which I am acting.

Except as described in paragraph 3 below, neither I nor the above Vendor, nor to the best of my knowledge and of its officers, directors or partners, or any of its employees directly involved in obtaining contracts with the State or any county, bi-county or multi-county agency, or subdivision of the State have been convicted of, or have pleaded nolo-contendere to a charge of, or have during the course of an official investigation or other proceeding admitted in writing or under oath acts or omissions which constitute bribery, attempted bribery, or conspiracy to bride under the provisions of Article 27 of the Annotated Code of Maryland or under the laws of any state or federal government (conduct prior to July 1, 1977 is not required to be reported).

(State “none” or, as appropriate, list any conviction, plea or admission described in paragraph 2 above, with the date, court, official or administrative body, the individuals involved and their position with the Vendor, and the sentence or disposition, if any.)

I acknowledge that this affidavit is to be furnished to the County, I acknowledge that, if the representations set forth in this affidavit are not true and correct, the County may terminate any

Contract awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance with section 16D of Article 78A of the Annotated Code of

Maryland, which provides those certain persons who have been convicted of or have admitted to bribery, attempted bribery or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from entering into contracts with the State or any of its agencies or subdivisions.

I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct.

NON-COLLUSIVE AFFIDAVIT

__________________________________________________________being first duly sworn, deposes and says that:

1. He/she is the ____________________________________, (Owner, Partner, Officer, Representative or Agent) of _________________________________________, the

Vendor that has submitted the attached Proposal Documents;

2. He/she is fully informed respecting the preparation and contents of the attached Proposal

Document and of all pertinent circumstances respecting such Proposal Documents;

3. Such Proposal Document is genuine and is not a collusive or sham Proposal Document;

4. Neither the said Vendor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Vendor, firm, or person to submit a collusive or sham Proposal Document in connection with the

Work for which the attached Proposal Document has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Vendor, firm, or person to fix the price or prices in the attached Proposal

Document or of any other Vendor, or to fix any overhead, profit, or cost elements on the Proposal Document price or the Proposal Document price of any other Vendor, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any disadvantage against (Recipient), or any person interested in the Work;

5. The price or prices quoted in the attached Proposal Document are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Vendor or any other of its agents, representatives, owners, employees or parties in interest, including this affiant.

Signed, sealed and delivered in the presence of:

______________________________________ By: _______________________________

Witness Signature

Witness Printed Name

Title

General

Rev. 2.8.2023

EXHIBIT A

Wicomico County Maryland

Standard Terms and Conditions

The provisions below are applicable to all Wicomico County ("County") contracts. These provisions are not a complete agreement. The provisions must be attached to an executed document that identifies the work to be performed, compensation, term, incorporated attachments, and any special conditions.

This document and other contract documents are intended to be complementary. If the terms and conditions and the other contract documents conflict, then these Standard Terms and Conditions will prevail.

The term "Contract" includes documents entitled "agreement" or other title denoting a contract and these

Standard Terms and Conditions. “Contractor” refers to the party or parties with which the County has contracted. The Wicomico County Executive is the person authorized to enter contracts for Wicomico

County.

Amendment. This Contract is the entire agreement between the parties. All other prior communications related to this Contract are superseded by this Contract. No amendment to this Contract is binding unless in writing and signed by the parties.

Bankruptcy. Upon the filing of a bankruptcy proceeding by or against the Contractor or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors:

A. The Contractor must notify the County immediately; and

B. The County may cancel the Contract or affirm the Contract and hold the Contractor responsible for damages.

Compliance with Law. The Contractor warrants that:

A. The executed Contract will be a valid obligation enforceable in accordance with its terms;

B. Contractor will perform in a workmanlike manner and in accordance with applicable professional standards;

C. Contractor is qualified to do business in the State of Maryland and that it will remain qualified;

D. Contractor is not behind in the payment of any obligations due to the County and that it will not become behind during the term of this Contract;

E. Contractor will comply with all applicable federal, State, local laws, regulations, and ordinances;

and

F. Contractor will obtain, at its expense, all licenses, permits, insurance, and governmental approvals needed to perform its obligations under this Contract.

Contingent Fee Prohibition. The Contractor warrants that it has not directed anyone, other than its employee or agent, to solicit this Contract and that it has not promised to pay anyone a commission, percentage, brokerage fee, contingent fee, or other consideration contingent on the making of this Contract.

Counterparts and Signature. This Contract may be executed in several counterparts, each of which may be an original and all of which will constitute the same instrument. Unless otherwise specified by the County, this

Contract may be signed in writing or by electronic signature, including by email. An electronic signature, a facsimile copy, or computer image of this Contract will have the same effect as an original signed copy.

Force Majeure. The performance of this agreement by either party is subject to acts of God, government authority, disaster, epidemic or other emergencies, fire, or riot, any of which make it illegal or impossible to provide the goods, facilities and/or services to be provided by a party under this contract.