los angeles world airports request for qualifications for a ... - BidNet


[PDF]los angeles world airports request for qualifications for a...

0 downloads 165 Views 159KB Size

LOS ANGELES WORLD AIRPORTS REQUEST FOR QUALIFICATIONS FOR A DISTRIBUTED ANTENNA SYSTEM PROVIDER FOR LOS ANGELES INTERNATIONAL AIRPORT

Release Date: April 24, 2015 Deadline for Submission of Questions/Requests for Clarification: Submit all questions and requests for clarification in writing to [email protected] no later than 3:00 pm on May 22, 2015 Statement of Qualifications Due Date: July 24, 2015 no later than 3:00 pm Pacific Time at: Commercial Development Group Attn: Denise Sample 1 World Way, Suite 204 Los Angeles, CA 90045

1

TABLE OF CONTENTS SECTION 1 – INTRODUCTION A. The Opportunity ............................................................................................ 3 B. LAWA .......................................................................................................... 5 C. Description of LAX ........................................................................................ 6 D. The Selection Process.................................................................................. 6 E. SOQ Respondent’s Structure ....................................................................... 6 F. Small Business Enterprise Program (SBE) ................................................... 7

SECTION 2 – SOQ EVALUATION PROCESS A. Evaluation Criteria ........................................................................................ 9 B. Interviews and Short Listing.......................................................................... 9 C. Scoring ......................................................................................................... 9

SECTION 3 – INSTRUCTIONS TO PROPOSERS A. General Instructions.................................................................................... 10 B. Submission of Questions ............................................................................ 10 C. Verification of Prior City Contracts .............................................................. 11 D. Instructions for Submittal ............................................................................ 11

SECTION 4 – ATTACHMENTS ......................................................................... 18

SECTION 5 – ADMINISTRATIVE REQUIREMENTS

2

SECTION 1 - INTRODUCTION A.

THE OPPORTUNITY

Through the issuance of this Request for Qualifications (RFQ), Los Angeles World Airports (LAWA), a proprietary department of the City of Los Angeles (City), requests Statements of Qualifications (SOQ) from firms with demonstrated experience and capability to finance, design, install, activate, operate, and maintain a campus-based commercially successful Distributed Antenna Systems (DAS) in defined areas of Los Angeles International Airport (LAX). LAWA seeks to advance wireless communication capability to various LAWA stakeholders including, but not limited to, LAWA tenants, telecommunication companies, concessionaires, airlines, airport service companies, and the traveling public. In addition, LAWA anticipates the DAS will be used by LAWA and the City, at a minimum, for certain public safety, emergency management and airport operational purposes. The extent of, and requirements for, the DAS and the DAS provider to host licensed frequencies exclusively for public safety and emergency response communications has not been finalized. Subject to approval by the Board of Airport Commissioners (Board) and City Council, the successful proposer will have the opportunity to enter into a Lease and License Agreement (Agreement) to install, operate, and maintain a DAS at LAX, the terms of which will be established in the RFP Phase. At this time, LAWA expects the Agreement to include the following: •

Term – The term of the Agreement is anticipated to be at least 10 years following completion of installation.



Areas of Service – The Agreement is anticipated to permit and require the successful proposer to provide robust service in the Central Terminal Area (including all public and non-public areas of the passenger terminals, adjacent aircraft aprons, the Midfield remote passenger aircraft gates, eight parking garages, and throughout the terminal area roadways west of Sepulveda Boulevard), and any new locations at LAX.



Required and Permitted Services - The Agreement is anticipated to permit and require the successful Proposer to provide the following services:      

Cellular Voice and Data Wi-Fi Data and VoIP Services (does not have to be a part of the cellular portion of the DAS system but RF design must be done together) Emergency 911 Services, including but not limited to, E911 and 911 location services Paging Services (local pagers) SCADA/sensor connections (Non-Life-Safety) Location Services (for LAWA use and others as permitted by LAWA)

3

  

Public Safety Radio (P25 trunked and Digital conventional) in support of LAWA Operations, Police, and Fire) Fee-Based Satellite Services (e.g., support the delivery of fee based satellite TV and HDTV signals) Two Way Radio Services

Optional and Permitted Services – The Agreement is anticipated to permit the successful Proposer to provide the following services on an optional basis:       

RFID Based Bag Tracking RFID Based Asset Tracking Enhanced Location Services (using Bluetooth Low Energy beacons, e.g., iBeacons) Public Safety Radio (Federal entities as requested. E.g., TSA and CBP) Over the air HDTV Satellite Radio (DAS to support delivery of Satellite Radio signals) Ku Band Satellite Services (in support of Disaster Recovery)

The required and optional services will in no way interfere with FAA Air Traffic Control Systems or LAWA Wi-Fi Systems. Minimum Investment Commitment - The successful proposer will directly, or indirectly through agreements with third parties, fund, install, develop and construct improvements relating to a DAS. A minimum capital investment amount will be set in the RFP, with the SOQ team describing its proposed capital investment in the SOQ team's RFP response. No lenders or any other party providing financing will be permitted to have a mortgage or any other type of lien on the Agreement or any component of a DAS once installed. Definitive Investment Plan – After approval of the Agreement, the successful proposer will be responsible for preparing a facility-based set of drawings and specifications that will at a minimum include locations, improvements, design standards, operational standards, and tie-in to LAWA facilities and utilities, among other things. The initial drawings and specs will be subject to LAWA approval as will alterations or changes made during the term of the Agreement. All improvements must be designed to industry standards appropriate for a best-inclass international airport facility. Compensation – LAWA anticipates the Agreement will require: (1) a fixed annual payment to LAWA, (2) payments based on activity, and (3) a form of revenue sharing with LAWA. Operating and Maintenance Requirements - The successful proposer will be required to provide the services offered in its proposal in the RFP Phase pursuant to a Service Level Agreement, which will be incorporated into the Agreement. LAWA and City Services – LAWA anticipates the Agreement will require the successful proposer to provide defined services for LAWA and City public safety, emergency management and airport operational needs as part of the initial installation and, thereafter, on a costreimbursable basis throughout the term of the Agreement in the event additional services are 4

sought by LAWA or the City. Interested parties participating in the RFQ Phase of the competitive process must prepare and submit an SOQ that meets the requirements of this RFQ. B.

LAWA

LAWA is a financially self-sufficient, proprietary department of the City of Los Angeles, which owns, operates, maintains, and develops LAX, LA/Ontario International Airport, Van Nuys Airport, and land holdings adjacent to the City of Palmdale. LAWA is controlled by the Board, a seven-member body whose members are appointed by the Mayor and subject to approval by City Council. C.

DESCRIPTION OF LAX

LAX occupies approximately 3,500 acres and is located approximately 15 miles southwest of the Los Angeles Central Business District. In calendar year 2012, passenger volume at LAX totaled nearly 64 million. Historical passenger traffic statistics for all LAX terminals and airlines may be found on the LAWA Web Site: http://www.lawa.aero/welcomelax.aspx?id=798. Currently, more than 17 domestic and commuter airlines and 41 international airlines provide scheduled service at LAX. LAWA does not determine which airlines commence or suspend service at LAX and LAWA has no role in determining the routes or services provided by airlines serving LAX. Airline locations at LAX have a history of change and LAWA expects that airline locations will continue to change in the future. Several terminals at LAX are leased to airlines having the right to enter into operating agreements with other airlines to use these terminals, which may lead to airline relocations not initialed by LAWA. LAWA currently offers free and premium Wi-Fi services to LAX passengers through a third-party concessionaire. Certain LAWA tenants and concessionaires are permitted to install Wi-Fi networks in their areas of the passenger terminals. D.

THE SELECTION PROCESS

RFQ Phase - This RFQ begins a competitive process designed to identify the respondents that proceed to the RFP Phase. The RFQ Phase of the competitive process will be completed when the Board approves a qualified list from the SOQ respondents (Qualified Proposers). LAWA plans to recommend the Board approve no more than the top four ranked SOQ respondents that receive an average score of 85 points or greater, when calculated by averaging of all Evaluation Panel members’ scores, as Qualified Proposers. Only Qualified Proposers would proceed to the RFP Phase of the competitive process. However, if at any time any Qualified Proposer is engaged in activities with another Qualified Proposer, such as planned or completed acquisitions, mergers, or other contractual arrangements, that may reduce competition during the RFP Phase of the competitive process, as determined by LAWA in its sole judgment, LAWA may, subject to approval by the Board, designate the nextranked SOQ respondent as an additional Qualified Proposer. 5

The scores of the Qualified Proposers from the RFQ Phase will not be carried forward to the RFP Phase. Each of the Qualified Proposers will enter the RFP Phase of the Selection Process with equal standing, considered to have sufficient qualifications and experience to serve as the DAS provider. LAWA may ask one or more of the Qualified Proposers to update their SOQ if LAWA, in its sole judgment, feels a material change in the status of a Qualified Proposer may have occurred. LAWA reserves the right to remove a n d r e p l a c e a proposer from the Qualified Proposers list if, in LAWA's sole discretion, a material change in the status of the Qualified Proposer has occurred from what was submitted in the SOQ by a Qualified Proposer. Additional terms and conditions governing the Selection Process are outlined in Attachment A, which must be reviewed by and are binding on all parties submitting an SOQ. RFP Phase - LAWA will issue RFP(s) only to Qualified Proposers. Final determination of LAWA’s requirements for proposals will be established in the RFP document, including the evaluation criteria for selection. The RFP Phase Evaluation Panel may or may not have the same Evaluation Panel members as the RFQ Phase Evaluation Panel.

LAWA may elect to issue a Draft Agreement for review and written comment prior to the proposal due date, as established in the RFP. If LAWA issues a Draft Agreement for written comment during the RFP Phase, LAWA will seek to also issue a Final Draft Agreement prior to the due date for proposals. LAWA is under no obligation to post a Draft Agreement or issue a Final Draft Agreement as part of the RFP Phase of the competitive process. E.

SOQ RESPONDENT’S STRUCTURE

LAWA does not intend to limit the type of entity that may submit an SOQ in response to this RFQ. LAWA recognizes it may be necessary to create special purpose entities for this opportunity. Proposing entities may include individuals, corporations, partnerships, limited liability corporations or joint ventures. An entity submitting an SOQ must be the legal entity that will execute the Agreement if designated for award upon completion of the RFP Phase. Such an entity may be one newly created for the purpose of submitting on this opportunity. Entities submitting an SOQ need not have all the required skills and experience in house; the proposer may assemble a team to provide the necessary skills and experience (the SOQ Team). LAWA will evaluate and score the entirety of the SOQ Team during the evaluation process. However, Evaluation Panel members may discount the role of entities included in an SOQ Team through contracting if the SOQ does not evidence a sufficiently binding commitment by the contracted entity to the team. LAWA further recognizes it may be difficult for proposers to precisely determine an optimal structure prior to submitting a proposal pursuant to the RFP Phase. Therefore, a Qualified Proposer may seek LAWA approval to update its ownership structure to accommodate additional investors, joint ventures, or partners prior to submission of a proposal during the RFP 6

Phase. In addition, a Qualified Proposer may seek LAWA approval to update its SOQ Team to accommodate the particular circumstances and requirements of the RFP Phase. LAWA, in its sole discretion, may disapprove requested changes to the ownership structure or changes to an SOQ Team and will in no case consider changes where the entity (or entities) controlling a majority interest in the Qualified Proposer, as indicated in the SOQ, does not continue at all times to maintain at least a 51% equity interest. No change in majority ownership or effective control will be permitted. Qualified Proposers may substitute an outside service provider for one listed as part of the SOQ Team prior to or during the RFP Phase, provided the substitution does not adversely affect the Qualified Proposer's capabilities, as determined by LAWA in its sole discretion. The Qualified Proposer will be obligated to submit requested changes and sufficient information to allow LAWA sufficient time to consider such changes. LAWA is under no obligation to expedite its review of requested changes or to accept them. All decisions related to changes to the Qualified Proposers team or list of service providers shall be made by LAWA in its sole discretion. F.

SMALL BUSINESS ENTERPRISE PROGRAM (SBE)

Pursuant to the provisions of Resolution No. 24820 of the Board of Airport Commissioners, LAWA’s Small Business Enterprise (SBE) Program was created to provide additional opportunities for small businesses to participate in construction, non-professional, professional, and personal services projects valued over $150,000. The SBE Program is a results-oriented program, requiring firms that receive contracts from LAWA to utilize certified SBEs. Primes shall be responsible for determining the SBE status of its subcontractors at the time of bid/proposal submission for purposes of meeting the mandatory SBE requirement. A subcontractor must qualify as an SBE based on the type of work it will be performing on the project. If the prime contractor is an SBE, the prime’s participation in the contract will count as 100% SBE.

7

SECTION 2 - SOQ EVALUATION PROCESS A.

EVALUATION CRITERIA

The Evaluation Panel will use the following Evaluation Criteria to score SOQs:

1. Experience Designing & Installing a Campus-based DAS

Available Points 20

2. Experience Operating & Maintaining a Campus-based DAS

20

3. Neutral Hosting & Participation Initiatives

20

4. Management Capabilities and Resources

20

5. Financial Capability

20

Total Available Points

100

Evaluation Criteria

B.

INTERVIEWS AND SHORT LISTING

LAWA reserves the right to conduct interviews or to proceed without conducting interviews. The purpose of interviews, if conducted, would be to provide proposers an opportunity to clarify and expand upon aspects of their SOQ. They also present LAWA an opportunity to evaluate key personnel and discuss issues of experience, performance, qualifications and quality. LAWA reserves the right to interview only a short list of proposers or to establish a short list of proposers without conducting interviews. Proposers (either all or a short list) may be subsequently re-interviewed for final evaluation. If the Evaluation Panel elects to shortlist Evaluation Criterion #1 will be used for the shortlisting process. Scores arising from any short listing process will not be carried forward to subsequent rounds or final scoring of the SOQ/interview process. C.

SCORING

Scoring will be accomplished by using a "must system." Under this system, after evaluating all eligible SOQs, including any information arising from any interview process, each member of the Evaluation Panel must award the maximum potential points designated for each evaluation category to at least one proposer that best meets the criteria or requirements of the category. Each Evaluation Panel member, however, may also award the maximum potential points in the evaluation category to any other proposers that, in the opinion of the Evaluation Panel member, demonstrate comparable quality in the category. Once each evaluation panel member has completed scoring, the evaluation panel member’s overall score for each proposer will be converted to rankings (i.e., 1st, 2nd, 3rd, etc.). These rankings among evaluation panel members will then be averaged to determine the overall 8

ranking by the evaluation panel. Panel member rankings will be averaged to the first decimal place. The proposal that obtains the best average ranking from panel members will be the consensus choice of the Evaluation Panel. If the best average ranking results in a tie to the first decimal place, total points assigned by panel members will be used to break such a tie.

9

SECTION 3 - INSTRUCTIONS TO PROPOSERS A.

GENERAL INSTRUCTIONS

Potential proposers should read, review and understand this RFQ, all the attachments, and any addenda issued. Proposers must submit an SOQ in accordance with the instructions given in this RFQ. The SOQ should be prepared as specified herein regarding form, content and sequence. LAWA must receive delivery of the SOQ at the address specified on the cover page of this RFQ no later than the date and time specified on such cover page (the Submission Deadline). Any SOQ received at the wrong location or after the exact time specified for receipt will not be considered. Each proposer must submit one original, seven hard copies and one electronic copy of the SOQ. The original and copies of the SOQ should be enclosed in a single sealed package, with the name and address of the proposer in the upper left hand corner, and marked, "Statement of Qualifications - Distributed Antenna System Provider for Los Angeles International Airport." During the RFQ Phase pr o p os er s wi l l be r eq ui r ed t o p r o vi d e the Bidder Contributions Form 55. This Form must be included in a separate tab with the SOQ. Each copy of the SOQ must be printed double-sided and contained in an 8 ½” x 11" 3-ring binder with tabbed dividers corresponding to the numbers delineating each section as described in Section E below. Each printed side of double-sided pages will count as one page for the purpose of page limits. Proposers must also provide a complete electronic copy of the SOQ as an Adobe Portable Document Format (PDF) file on a flash drive. Where page limits are set, failure to follow guidelines may prevent an SOQ from being evaluated. Supplemental information may be included where indicated as part of a clearly marked appendix. When responding to the requirements below, each proposer has the responsibility to clearly indicate the source of experience and capabilities. Each proposer should specifically indicate which entity or member of your SOQ Team is relevant to each of the requirements below. B.

SUBMISSION OF QUESTIONS

All questions regarding this RFQ should be clearly presented in writing and transmitted by email to [email protected]. The deadline for submittal of questions is provided on the cover page of this RFQ. Responses to all written questions, corrections and clarifications to the RFQ will be made in writing, posted on the LABAVN web site and made available to prospective proposers in the form of an RFQ addendum. Proposers may only rely upon written information provided by LAWA. Proposers should not rely upon, and LAWA is not responsible for, any oral information or instructions provided in reference to the RFQ. Proposers and their SOQ Team members must not attempt to contact members of LAWA staff, anyone associated with the implementation of the RFQ or Board members to discuss or ask questions about the contents of the RFQ, other than in writing as 10

provided above. Improper contact with LAWA personnel or others may result in disqualification of the proposer. C.

VERIFICATION OF PRIOR CITY CONTRACTS

Per a City Council adopted resolution proposers are required to submit with their proposal a list of all City contracts held by any proposer within the past ten years. LAWA staff may obtain reference information regarding any proposer’s performance by contacting City Departments contracting with proposers. D.

INSTRUCTIONS FOR THE SUBMITTAL

Responses to the requests in this section should be in full and complete answer form, numbered consecutively, and with all requested information enclosed and all listed page limits and sizes honored. Each proposer should, consistent with applicable page limits, provide as much information as it feels is necessary to properly convey its ideas, and when applicable, provide any relevant additional information in an appendix. SOQs must consist of the following sections in the sequence shown below. A set of tabs to identify each part of the SOQ should be inserted to facilitate quick reference. Where page limits are set, failure to follow guidelines may prevent the SOQ from being evaluated and the SOQ may be removed from further consideration. Tab

Title

1. 2. 3. 4. 5. 6. 7. 8. 9.

Table of Contents Cover Letter Executive Summary Experience Designing & Installing a Campus-based DAS Experience Operating & Maintaining a Campus-based DAS Neutral Hosting & Participation Initiatives Management Capabilities and Resources Financial Capability Comments on Conceptual Business and Agreement Terms

1.

TABLE OF CONTENTS (Limit to 1 page)

The proposer should list elements of the SOQ and identify any additional materials included in any appendix. 2.

COVER LETTER (Limit to 3 pages)

The proposer must provide a summary including the proposer's name, address, telephone number, fax number, email address, federal tax ID number, and name and title of contact person. Identify the proposer, the members of the SOQ Team, and the Guarantor, if applicable (see Section 8 below). Provide a description of the legal structure of the SOQ Team and the relationship to the Guarantor, if applicable, and the legal nature of the business relationships among SOQ Team members. If a partnership, the proposer must state the full name, address and other occupation (if any) of 11

each and every partner; whether he or she is full time or part time; whether each partner is a general or limited partner; and the proportionate share of the business owned by each partner. SOQ Team must provide a copy of the partnership agreement in an appendix. If a joint venture or limited liability company, proposer must state the names of the firms or individuals participating in the joint venture or limited liability company and the principal officers in each firm or names of the members of the limited liability company; and the proportionate share of the business owned by each joint venture, or the number of shares held by each member of the limited liability company. Include a copy of the joint venture agreement or Limited Liability Company's operating agreement in an appendix. If a corporation, proposer must state the full name and title of each of the corporate officers. Also, include a copy of the Articles of Incorporation and Bylaws in an appendix. If the proposer is wholly owned by another entity, then provide sufficient information of the parent and upstream ownership entities for LAWA to understand the ultimate ownership and control. Regardless of the structure of the entity, the proposer must provide sufficient information for LAWA to understand the ultimate ownership and control of the proposer. This must include information on any parent and upstream ownership entities, any voting rights, any control by a Guarantor (see Financial Capability Section below), and specific information on who has decision making authority for the proposer. For purposes of the evaluation, the proposer should include information about any member of their SOQ team to assist LAWA in its evaluation. 3.

EXECUTIVE SUMMARY (Limit to 3 pages)

The Executive Summary should highlight the key features of the SOQ, the strengths of the SOQ Team, as these directly relate to the goals stated in this RFQ, and explain the rationale for the specifics included in the SOQ relative to LAWA's objectives. 4.

EXPERIENCE DESIGNING & INSTALLING A CAMPUS-BASED DAS (Limit to 10 pages)

LAWA seeks SOQs from parties fully capable of providing a complete design and full installation of the DAS, particularly in an airport or in similar large, multi-facility public operating facilities where installation and operating challenges exist. The SOQ should describe projects the proposer considers most appropriate to demonstrate the SOQ Team’s capabilities in regard to designing and installing DAS. For each project include information regarding: •

The location, the scope of services, the contract duration, the parties having an interest in the project’s success, a specific summary of the scope of the assignment, and any capital investment requirements.



A reference for each project who can be contacted by LAWA to gather additional information. 12

At a minimum, the SOQ should provide sufficient information to show that the SOQ Team has a track record evidencing the following:

5.



Success designing and installing a DAS in an operating, complex, and distributed facility environment.



Experience with DAS installation in older facilities subject to renovations and upgrades including multiple-facilities.



Capability to develop systems designs that anticipate the rapid pace of change and demand levels for mobile devices and how the proposer’s designs have accommodated such change.

EXPERIENCE OPERATING & MAINTAINING CAMPUS-BASED DAS (Limit to 10 pages)

LAWA seeks SOQs from parties having operating experience in a multiple-facility environment with complete responsibility for operation and maintenance of the DAS. At a minimum, the SOQ should provide sufficient information to demonstrate the proposer has a track record of experience and success in:

6.



Operating an integrated DAS with trained and qualified systems integrators, technicians, and personnel.



Providing extremely reliable system performance, including establishing standards for self-governing the delivery of such performance and what level of performance LAWA should expect in an international airport environment.



Upgrading existing DAS or similar systems to meet changing technology and demand while providing continuous high quality service.



Establishing reliable mechanisms within its corporate funding structures to ensure an ongoing capacity to pay for maintenance and ongoing upgrade requirements.

NEUTRAL HOSTING & PARTICIPATION INITIATIVES (Limit to 10 pages)

In facilitating the installation of a DAS at LAX, LAWA has an interest in enabling improved communications services to all users of LAX, aggressively promoting usage of the DAS by a variety of telecommunication companies and other potential wholesale customers, and generating an excellent economic return to LAWA over the term of the Agreement. To these ends, LAWA will require the DAS provider host telecommunication companies, mobile phone operators, and other parties using radio frequency technologies to serve passengers, tenants, 13

and other customers and users at LAX. The DAS provider may be an entity providing service to end users, but will be required to host other entities, including competitors, with a substantial degree of neutrality using business terms that are both reasonable and standard for the telecommunications industry. The SOQ must provide the following information: •

An inventory of settings or locations where the proposer hosts other telecommunication companies, including competitors.



A statement outlining the proposer’s policies and practices with regard to hosting other entities when operating a campus-based DAS or similar equipment-based systems (e.g., cell towers).



The proposer’s established processes for soliciting or entertaining hosting requests in various settings, including, but not limited to, whether economic terms are published in advance, negotiated, and/or auctioned and whether the proposer offers ongoing open-hosting opportunities or uses defined time windows for participation.

In addition, the proposer should demonstrate the following:

7.



The proposer has the ability to collaborate with others and a track record evidencing success in neutral hosting and promoting participation in DAS projects and similar development.



The proposer has a history of compliance with relevant governmental regulations regarding competition and has successfully self-regulated its operations where appropriate.



The proposer has, in other circumstances when serving as a host, successfully employed methods to balance and optimize competing goals, such as increasing usage and participation while generating appropriate economic returns.



How, in general, the proposer would (1) employ past experience hosting other entities on a DAS to promote participation at LAX and (2) what policies the proposer would adopt to meet LAWA’s goals outlined in this section.

MANAGEMENT’S CAPABILITIES AND RESOURCES (Limit to 10 pages)

In addition to the operational requirements of the DAS, an airport environment creates important additional operating considerations, including continuous (24/7/365) operations, security, and on-site facilities. The SOQ should outline the following: •

The type of organizational structure the SOQ Team envisions and, in particular, for 14

multiple party or single purpose entities comprising the SOQ team for this opportunity, how LAWA can rely on a single point of contact and accountability during all phases of DAS development and operation.

8.



How the proposer envisions providing superior service to non-LAWA system users, including airport stakeholders such as airlines and concessionaires.



What resources and personnel the SOQ Team expects to dedicate to a DAS operation and how such resources may be scalable depending on the opportunities made available in the RFP Phase of the selection process.



Examples of how the SOQ Team or its members manage a DAS in a major public setting, such as airports, transportation systems, urban streetscapes, campus, or other district.



What types of steps or commitments the SOQ Team is prepared to incorporate into its development and operations plans to ensure ongoing labor harmony and avoidance of disruptions arising from labor-related issues? FINANCIAL CAPABILITY (No page limit)

The proposer should demonstrate it has the capability to both (1) finance and manage at least $30 million of capital improvements and (2) financially support the on-going operation and management of assets at LAWA facilities (the Minimum Financial Capability). Responses by the proposer will be used by LAWA to determine, in its sole discretion, if the proposer has demonstrated it meets the Minimum Financial Capability. Each Qualified Proposer will be required to demonstrate on an ongoing basis that it meets the Minimum Financial Capability. LAWA reserves the right at any time during the competitive process to require any or all Qualified Proposers to revalidate their Minimum Financial Capability. If the proposer is newly created and determines it may not have sufficient financial capability to be qualified under this RFQ, then the proposer may identify and also submit the requisite financial information for a proposed guarantor (the Guarantor) who commits to guarantee any and all performance and financial obligations of the proposer to LAWA. LAWA will take into account the financial resources of the Guarantor, as well as the legal structure of the proposer and the legal commitments of the SOQ Team in evaluating the financial capability of the proposer. If consolidated financial information is provided as the basis of selection, including from the parent of a wholly owned entity, then a guarantee from the parent will be required. The final amount to be financed and constructed will be established in the RFP. Depending on the final requirements of the RFP, Qualified Proposers should expect LAWA may require them to demonstrate a specific financial capability greater than the Minimum Financial Capability described above and to be evaluated on the extent of the financial commitment(s) included in response to the future RFP. 15

The proposer must: •

Provide financial statements including the elements described below. All financial statements must either be audited and certified by a licensed public accountant or if unaudited, then accompanied by a notarized statement from the Chief Financial Officer certifying the accuracy of the financial information contained in such statements. (1) Audited financial statements including a balance sheet, income statement and statement of cash flows, prepared in accordance with generally accepted accounting principles (GAAP), for the most recent three complete fiscal years. Footnote disclosures and the accountants audit report must accompany the financial statements. If the most recent audited statements are for a period ending more than six months prior to the due date for the SOQ, then supplement your response by submitting unaudited year to date financial statements. If audited statements are not available for the proposer, then so state and submit unaudited statements for the equivalent time periods, accompanied by a notarized statement from the proposer's Chief Financial Officer certifying the accuracy of the financial information contained in such statements and also submit audited statements for the Guarantor (if applicable) for such periods. (2) A signed statement from the Chief Financial Officer stating there has been no material change in the financial condition of the company subsequent to the issuance of their last audited financial statements. (3) If the proposer intends to organize as a partnership, limited liability partnership or joint venture or limited liability company, then the above-referenced financial information of each general partner, joint-venture member or LLC member respectively, must be submitted. Individuals required to provide financial information must submit their three most recent personal tax returns and a current statement of net worth. (4) Any person or entity providing a guarantee must provide a written statement indicating the level of commitment together with the financial information detailed in this section as if the Guarantor were the proposer. LAWA reserves the right to require guarantees if the proposer is an LLC or LLP. (5) Provide three financial references

Additionally, the proposer should: •

Provide a detailed history of any financing of previous projects, including the Representative Projects.



Demonstrate the proposer, together with the Guarantor if applicable, is capable of financing project costs in excess of the Minimum Financial Capability. Provide sufficient information to demonstrate proposer has potential sources of funding to be used for on-going improvements and working capital. 16

LAWA reserves the right to request additional information from the proposers in order to determine if the proposer has the financial capability to meet the investment and other obligations of the Agreement. If LAWA, in its sole discretion, determines an SOQ Team experiences a change in its financial condition that would materially or adversely affect its ability to perform the work contemplated in the Agreement, such proposer may be disqualified as a Qualified Proposer at any time during the competitive process. 9.

COMMENTS ON AVAILABLE OPPORTUNITIES, BUSINESS TERMS, AND AGREEMENT ISSUES (Limit to 15 pages, excluding exhibits and sample documents)

This RFQ outlines a range of opportunities LAWA will be refining during the competitive process. The proposer may comment on anticipated services and business terms discussed in this RFQ and on how the proposer believes RFP(s) an Agreement or a deal should be structured to produce the collective best results for LAWA, airport stakeholders, and the Qualified Proposer. In particular, among other things about which proposer may have concerns or interests, comments on the following may assist LAWA: •

How to balance the desire to definitively establish the inventory of DAS services at the time of contract award while allowing future development of DAS services opportunities during the Agreement's Term.



The extent to which LAWA should require a neutral-host provider and how LAWA can assume for an appropriate level of neutrality.



How payments to LAWA might be structured under the terms of the Agreement.



What types of liability, indemnification, may impair competition and what alternatives would be available in substitute.



What barriers and areas of concern may exist for proposers and in regard to fulfilling LAWA’s interest in having the DAS and the DAS provider serve public safety and emergency response communications in conjunction with services provided to the telecommunications companies and the general public?



Other factors the proposer believes will contribute to successful DAS

17

SECTION 4 – ATTACHMENTS

Attachment A – Additional Terms and Disclosures Attachment B – Wi-Fi Agreement (to be provided as an Addendum to this RFQ) Attachment C – Other Cellular Service Permits (to be provided as an Addendum to this RFQ)

18

ATTACHMENT A ADDITIONAL TERMS AND DISCLOSURES BY SUBMITTING A PROPOSAL IN RESPONSE TO AN RFP OR A STATEMENT OF QUALIFICATIONS IN RESPONSE TO AN RFQ ISSUED BY LAWA (LOS ANGELES WORLD AIRPORTS) PROPOSER AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, DISCLAIMERS AND REQUIREMENTS SET FORTH IN THIS ATTACHMENT AND THIS RFP/RFQ. CONFIDENTIALITY: All documents submitted in connection with this RFP/RFQ may be subject to disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.) (Hereinafter referred to as “CPRA”) or the Ralph M. Brown Act (California Government Code Section 54950 et seq.). All submissions will become the property of LAWA. The Proposer/Respondent must identify, in writing, trade secrets or other proprietary information (hereinafter collectively referred to as “Proprietary Information”) that the Proposer/Respondent claims are exempt from disclosure pursuant to the CPRA. If LAWA receives a CPRA request for the release of submitted materials, and LAWA determines any Proprietary Information, is subject to disclosure under the CPRA, then LAWA will notify the Proposer/Respondent of the request and its intent to disclose such materials. Such materials shall be released by LAWA as required by the CPRA unless the Proposer/Respondent timely obtains a court order prohibiting such release. EXPENSE, OWNERSHIP AND DISPOSITION: LAWA shall not be responsible in any manner for any costs associated with the preparation or submission of any documents or materials purchased, prepared or presented during any interviews or any additional documentation provided or requested by LAWA. All submitted documents, including all drawings, plans, photos, and narrative material, shall become the property of LAWA upon receipt by LAWA. LAWA shall have the right to copy, reproduce, publicize, release or otherwise dispose of each submittal in any way that LAWA selects. LAWA shall be free to use as its own, without payment of any kind or liability therefore, any idea, scheme, technique, suggestion, layout, or plan received during this RFP/RFQ process. RIGHT OF REJECTION: LAWA reserves the right to reject any or all submittals, to waive any informality in such submittals, to request new submittals or to not proceed to do the work or to proceed to do the work in any other manner for any reason. The receipt of any submittal shall not in any way, obligate LAWA, the Board, or the City of Los Angeles to enter into an agreement, concession agreement or any other contract of any kind with any Proposer/Respondent. RIGHT TO RECEIVE ADDITIONAL INFORMATION AND VERIFICATION OF REFERENCES: LAWA reserves the right to request any additional information at any time to assist in its evaluation. LAWA reserves the right to verify all submitted information, including all references and to contact third parties for additional references and information as it deems advisable. If any information stated in the Proposal/Statement of Qualifications is found to be misrepresented 19

in any manner, this may be grounds for disqualification of the Proposal/Statement of Qualifications. PROPOSER/RESPONDANT QUESTIONS: If any Proposer/Respondent finds discrepancies or omissions in or there is doubt as to the true meaning of any part of this RFP/RFQ or if any Proposer/Respondent has any questions regarding this RFP/RFQ, written request for a clarification or interpretation should be clearly presented in writing and transmitted by email to address set forth on the cover page. The deadline for submittal of questions is set forth on the cover page. Responses to all written questions, corrections and clarifications to this RFP/RFQ will be made in writing and made available to all prospective Proposer/Respondent as an RFP/RFQ addendum. Only questions pertaining to the information and requirements in this RFP/RFQ will be answered. LAWA is not responsible for any explanation, clarification, interpretation or approval made or given in any manner except by addendum. Any addenda so issued are to be considered part of this RFP/RFQ document. CONTACT WITH LAWA PERSONNEL: Proposer/Respondent may only rely upon written information provided by LAWA. Proposer/Respondent shall not rely upon, and LAWA shall not be responsible for, any oral information or instructions provided in reference to this RFP/RFQ. Proposer/Respondent must not attempt to contact members of the Proposal/Statement of Qualifications Evaluation Team, LAWA staff or the Board to discuss or ask questions about the contents of this RFP/RFQ, other than in writing as provided above. Improper contact with LAWA personnel may result in the disqualification of the Proposer/Respondent. PROTEST PROCEDURES: The procedures and time limits set forth in this Attachment are the Proposer’s/Respondent’s sole and exclusive remedy in the event of a protest. Failure to comply with these procedures will create a presumption that you have waived any right to further pursue the protest, including filing a government code claim or any legal proceeding. These procedures are for the benefit of the City. The purpose of the following procedures is to provide a method for resolving, prior to award, protests regarding the award of contracts by City, by and through the Board. The procedures will enable the Board to ascertain all of the facts necessary to make an informed decision regarding the award of the contract. A protest relative to a particular proposal, and all required copies, must be submitted in detail, in writing, signed by the protestor or by a representative of protestor, and received in the offices of the Los Angeles City Attorney’s Office, Airport Division and the office of the Board, at the below addresses, before 5:00 p.m. of the fifth business day after issuance to the Proposers/Respondents of a notification of the intent to recommend by management of LAWA to the Board. The protest shall contain a full and complete statement specifying, in detail, the factual grounds and legal basis of the protest. The protest shall refer to the specific portion of this RFP/RFQ, any submitted Proposal/Statement of Qualifications, or other document which forms the basis for the protest. The protest must include the name, address, and telephone number of the protestor and protestor’s representative.

20

All protests must be addressed to the Office of the City Attorney, Airport Division, One World Way, Room 104, Los Angeles, California 90045 with a copy to the Secretary of the Board of Airport Commissioners at One World Way, Los Angeles, California 90045 and a copy to the Bureau or Division of the Department of Airports responsible for issuing this RFP/RFQ. The party filing the protest must, at the same time as delivery to the City Attorney’s office and the secretary of the Board as set forth above, deliver a copy of the protest and any accompanying documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Proposers/Respondents. The Board will only consider protests by any Proposer(s)/Respondent(s) who appear(s) to have a substantial and reasonable prospect of receiving an award or being included in the proposed Vendors Qualified List if the protest is denied or sustained. Only protests meeting the above criteria will be reviewed and submitted to the Board. Protesting and potentially affected parties will be notified of the time and date that the protest will be discussed in a public session of the Board. Protesting parties will be given an opportunity to present their arguments at the public session. Protests will be evaluated in light of LAWA’s interest, rather than the private interest of a disappointed Proposer/Respondent and the Board may waive any informality in the proposal/statement of qualification when to do so would be to the advantage of LAWA. If the Board determines that the protest was frivolous, the party originating the protest may be determined by the Board to be irresponsible and that party may be determined to be ineligible for future contract awards. ADEQUACY OF INFORMATION: The information presented in this RFP/RFQ is provided solely for the convenience of Proposers and other interested parties. It is the responsibility of the Proposers and interested parties to assure themselves that the information contained in this package is accurate and complete. LAWA provides no assurances pertaining to the accuracy of the data in this RFP/RFQ. The acreages or locations appearing throughout this RFP/RFQ are approximate only. Statistical information, including maps and drawings, contained in this RFP/RFQ is for information purposes only. The City is not responsible for inaccuracies or interpretations of said data or acreages. ADDITIONAL DISCLAIMERS AND RESERVATIONS: Failure by LAWA to object to an error, omission, or deviation in the submittal package will in no way modify this RFP/RFQ or excuse Proposers from full compliance with the requirements of this RFP/RFQ. The Board and LAWA shall not be obligated to respond to any submittal nor shall it be legally bound in any manner whatsoever by the receipt of a submittal. All information stated in the proposal/statement of qualifications should be factual, truthful and should not be fabricated, embellished, extended or misrepresented. If any information stated in the proposal/statement of qualifications is found to be a misrepresentation or embellishment of past experiences, this may be considered as grounds for disqualification. 21

LAWA reserves the right to postpone the submittal due date. LAWA reserves the right to cancel this RFP/RFQ; issue addenda to this RFP/RFQ; re-advertise and issue a new solicitation document; reject any and all responses to this RFP/RFQ in whole or in part; require amendments or modifications to the responses it receives with no liability whatsoever; or pursue other options when it is in LAWA’s best interest to do so. Each Proposer and its qualified team must not have any pending, active or previous legal action or conflict of interest that would, in LAWA’s sole judgment, prevent the Proposer from fulfilling their obligations under the Agreement.

22

SECTION 5 - ADMINISTRATIVE REQUIREMENTS

23