RFP Document.pdf

Airplane Lease Request for Proposal USD02012025

University of South Dakota 209 Slagle Hall

414 East Clark St.

Vermillion, SD 57069

Due 2:00 PM, March 21, 2025

The University of South Dakota (USD) intends to enter into a lease agreement for a twin-engine turbo prop airplane per the specifications listed below. Please complete the following information to submit a proposal.

FIRM NAME: _________________________AUTHORIZED SIGNATURE: ____________________

ADDRESS: ___________________________TYPE OR PRINT NAME: _______________________

CITY/STATE: _________________________TELEPHONE NUMBER: ________________________

ZIP: ________________________________FAX NO: ___________________________________

FEDERAL TAX ID: _____________________EMAIL: _____________________________________

PRIMARY CONTACT INFO IF DIFFERENT THAN ABOVE

CONTACT NAME:_____________________TELEPHONE NUMBER:_________________________

FAX NO:____________________________EMAIL:_____________________________________

1. Schedule of Activities:

RFP Publication February 28, 2025 Deadline for Submission of Written Inquiries March 7, 2025 Responses to Written Inquiries March 10, 2025 Proposal Submission March 21, 2025 Anticipated Award Decision/Contract Negotiation March 24, 2025

2. General Requirements/Standard Terms and Conditions

The term of the lease shall be a five-year dry lease agreement with USD being responsible for all expenses associated with operating the airplane; including all USD provided pilot salaries & benefits, maintenance, repairs and upgrades. The term of the lease may be renewed for additional five-year terms upon written agreement of the Parties.

The authorized officer of the firm represents that they have carefully examined the specifications and conditions contained in this RFP. The offeror fully understands the type and quality of the product(s) and/or service(s) sought by USD and hereby proposes to supply such at the prices stated, and in accordance with the proposal.

For this RFP to be considered, it must be SIGNED by an authorized person of the firm. Unsigned RFP’s will not be considered.

ASSIGNMENT OF RIGHTS OR OBLIGATIONS: Successful offeror may not assign, transfer or sell any rights or obligations resulting from this RFP without first obtaining the specific written consent of USD.

LAWS GOVERNING THE CONTRACT: This contract shall be in accordance with the laws of the state of South Dakota. Parties further stipulate that this contract was entered into in the County of Clay and the State of South Dakota is the only appropriate forum for any litigation resulting from breach hereof or any questions arising here from.

NON-DISCRIMINATION: The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By submitting a response, the vendor certifies they do not discriminate in their employment practice with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

FORCE MAEJURE. Neither party will be considered in default in the performance of its obligations under this Agreement if its performance is prevented or delayed by any cause beyond the reasonable control of the affected party and the affected party promptly gives notice to the other party, including but not limited to acute sickness, accidents, weather, riots, strikes, epidemics, acts of God, law, order, ruling, regulation or any other legitimate conditions.

RIGHTS RESERVED:

USD reserves the right to reject any or all responses or any part thereof, or to accept any response or any part thereof, or to waive any informality in any response, whenever it is deemed to be in the best interest of USD. USD also reserves the right to reject the response of any offeror who has previously failed to perform adequately for USD or any other governmental agency.

HOLD HARMLESS: Successful offeror agrees to hold harmless and indemnify USD, the State of South Dakota, its officers, agents and employees, from and against any and all actions, suits, damages, liability or other proceedings that may arise as a result of performing services hereunder. This section does not require the offeror to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees. Not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Offeror further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Offeror certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of the State of South Dakota. It is expressly agreed by Offeror that in the performance of the services required under this contract, offeror, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of the State of South Dakota.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION: By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to their offer.

3. CERTIFICATION RELATING TO PROHIBITED ENTITY

For offerors, contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

4. RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

5. CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (i) understands neither a state legislator nor a business in which a state legislator has an ownership interest may be directly or indirectly interested in any contract with the State that was authorized by any law passed during the term for which that legislator was elected, or within one year thereafter, and (ii) has read South Dakota Constitution Article 3, Section 12 and has had the opportunity to seek independent legal advice on the applicability of that provision to any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

6. PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

7. General Airplane Specifications

a. 2014 or newer Beechcraft King Air 350i.

b. The airplane and engines shall have all Airworthiness Directives and Service Bulletins complied with before entering into a lease agreement. The aircraft must have a current airworthiness certificate.

c. The airplane must have been maintained in accordance with a maintenance and or inspection program under FAR 91 and FAR 43 or FAR 135 and maintained under a manufacturer’s Recommended Maintenance Program with continuous or progressive maintenance.

d. All equipment installed on the airplane shall be operational at time of lease. The basic required equipment as prescribed in the applicable airworthiness regulations must be installed in the airplane for certification. The airplane must have current Phase 1-4 inspections at time of lease.

e. The airplane must have leather seat surfaces in good condition. The exterior of the airplane must be free from dents and other damage or defects to the paint.

The airplane must be free from any damage history.

f. The seating configuration shall have the capacity for a crew of two and nine passengers including a belted potty.

g. All logbooks and other pertinent records of maintenance and repair shall be made available during the inspection of the airplane. The associated expenses of the inspection will be the responsibility of the owner. The airplane will be test flown by a pilot of the State of South Dakota prior to acceptance and the signing of a lease agreement.

h. The Airplane shall meet instrument and equipment requirements as specified in

FAR 91.

i. The airplane shall be located at the Vermillion, South Dakota airport in a hangar provided by the Lessee.

j. The Lessee reserves the right at its own expense, to upgrade the avionics, exterior paint and interior, or any upgrade it deems necessary.

k. The Lessor shall maintain an insurance policy to include hull coverage (amount to be determined) and liability coverage of not less than $50,000,000. The Lessee shall be responsible for all insurance costs.

8. Avionics

Offeror’s proposal shall include a listing of Avionics Equipment installed in the airplane by manufacturer, make and model. A listing of all options included on the airplane must also be attached to the proposal.

The airplane must be equipped with Collins Pro-Line 21 or Garmin G1000NXI avionics

9. Evaluation Criteria

The following criteria shall be used to evaluate proposals and to award this lease agreement:

a. Type of Airplane, condition, age and hours (airframe and engines) of the airplane being proposed

b. Current location of the airplane

c. Annual lease cost to the Lessee

d. Avionics and other equipment currently installed in the proposed airplane

e. Availability of maintenance records

f. Proof of all completed inspections as required by the FAA

g. On-site visual inspection of the plane

10. RFP Requirements

Vendors and their agents (including subcontractors, employees, consultants, or anyone acting on their behalf) may email inquiries concerning this RFP to obtain clarification of requirements.

No inquiries will be accepted after the date and time indicated in the Procurement Schedule.

Questions must be sent to Chris.Phillips@usd.edu by e-mail with the subject line “RFP Number USD02012025. Vendors and their agents may not otherwise contact USD regarding this RFP mailto:Chris.Phillips@usd.edu during the solicitation and evaluation process. Inappropriate contact is grounds for suspension or exclusion from this procurement.

USD will respond to Vendors’ inquiries (if required) by email. All inquiries and the State’s response will be posted on the state’s procurement system.

Vendors will be notified on the state’s procurement system website regarding any modifications to this RFP. Vendors may not rely on any other written or verbal statements that alter any specification, term, or condition of this RFP.

11. Cost Proposal

Annual Lease Amount $_________________________

12. Airplane Information

Please provide a specification sheet indicating the following:

a. Make, Model and Year

b. Serial Number

c. Tail Number

d. Number of airframe hours

e. Number of hours on the engines including any hours since overhaul, new or TBO

f. Avionics currently installed

g. Picture of the plane (inside and out)

h. Current location of the airplane

i. Any damage history