Common use of Airport Concession Disadvantaged Business Enterprise (ACDBE) Participation Clause in Contracts

Airport Concession Disadvantaged Business Enterprise (ACDBE) Participation. (a) The Authority has established an ACDBE participation goal for this Contract of ten percent (10%) of the Contractor’s Gross Purchase Amount which is defined as the value of goods and services that the Contractor purchases for utilization at the Airport, including maintenance services for the RAC facility, construction services at the RAC facility, new and used vehicle purchases, auto repair services, auto supplies, fuel, insurance, and other professional and non- professional services. ACDBE participation may be achieved through the purchase of goods and services necessary to conduct the rental car business at the Airport from ACDBEs, as further described in the U.S. Department of Transportation’s revised regulations governing ACDBE participation, 49 CFR Part 23 and participation may also be obtained through the engagement of ACDBEs through joint ventures and other partnerships according to the ACDBE regulations. These goods and services may include the purchase or lease of vehicles from any vendor that is a certified ACDBE. All ACDBE firms used to meet this contract’s ACDBE goal must be certified as ACDBEs by the Virginia Unified Certification program which consists of the Authority and the Virginia Department of Small Business & Supplier Diversity. (b) On or before the 20th of each month during the term of this Contract hereof, the Contractor will furnish the Authority with an executed report certified by an officer of the Contractor’s corporation, showing the total value of the goods and services that the Contractor has purchased from certified ACDBEs for its Airport operations during the previous month. The monthly certified report shall be titled “ACDBE Participation Report” and will clearly identify the Airport for which the report is prepared, the specific period of the report (i.e. July 1-31, 2019) and shall include the name and contact information of the company representative who prepared the report. The certified ACDBE Participation Report shall include at minimum the following information for each ACDBE for which goods or services were reported during the reporting period: (1) Name of Each ACDBE, Disadvantage Business Enterprise (DBE), Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) firm that the company has procured goods or services from during the period (2) Full mailing address for each ACDBE , DBE, MBE, WBE firm to include Telephone, and/or email. (3) Contact person for each ACDBE (4) Contact person’s telephone number (5) Contact person’s email address (6) Type of goods or services purchased or leased from each ACDBE and dates of purchases/lease (vehicle leases or purchases from ACDBE firms should be listed separately from other purchases from ACDBE firms) (7) Proof of ACDBE certification for each ACDBE (8) Reporting period (full dates) (9) Names and Total paid to all firms (regardless of status) during reporting period for goods and services (10) Amount of Gross Receipt during reporting period (11) Signature of a company official responsible for ACDBE participation (12) Type of business (13) beginning and expiration dates of agreement, including options to renew (14) Dates that material amendments have been or will be made to agreement (if known); (15) Estimated gross receipts for the firm during the reporting period. (c) The Contractor shall make good faith efforts to obtain ACDBE participation from ACDBE providers of good and services other than ACDBEs engaged in the sale or lease of vehicles. To verify its good faith efforts, the Contractor shall provide in the ACDBE Participation Report an executed statement showing the efforts it made to obtain goods and services from ACDBEs (i.e. advertisements, solicitations, outreach events, individual and/or group meetings, etc.), other than ACDBEs selling or leasing vehicles. (1) Period covered by the report (2) Company Name (3) Company Address (4) Name, title, address, phone number and email of person preparing the report (5) Signature of a company official responsible for ACDBE participation (6) List of outreach activities conducted or participated in by the company (include name of the event, date of event, sponsoring organization, location of event) (7) List of ACDBE, DBE, MBE, WBE firms that the company has solicited for services (even if firms were not successful bidders) (8) Copies of correspondence to ACDBE, DBE, MBE, WBE firms regarding ACDBE opportunities or certification Good faith efforts of an offeror shall be evaluated by the Authority to determine whether the efforts to obtain ACDBE participation were those that a firm aggressively seeking partners or subcontractors would take in the normal course of doing business; whether the steps taken had a reasonable probability of success; and whether based upon the size, scope and complexity of the project, there were qualified ACDBEs available and willing to participate in a reasonable manner. Efforts that are merely pro forma are not good faith efforts to meet the goal. Efforts to obtain ACDBE participation are considered pro forma, even if they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of ACDBE participation to meet the ACDBE goal. For example, advertising or bulk mailings, alone or together are considered pro forma unless followed up with telephone calls and/or correspondence consistent with normal business practice. If the ACDBE firm provides a reasonable and/or legitimate offer, a reasonable effort to evaluate the participant and work towards a good business arrangement for both parties must be demonstrated. (d) If the Contractor fails to meet the 10% ACDBE participation goal for the twelve-month period covered by the ACDBE Participation Report, the Contractor shall provide, along with the Report, detailed documentation, in a form acceptable to the Authority, of its good faiths efforts to meet the goal. Such “good faith efforts” must meet the standards set forth in 49 CFR Parts 26 and 23. (e) The Contractor shall provide the Authority with all Contractor’s records relating to its compliance with the ACDBE provisions of this Contract, including but not limited to, canceled checks, Automated Clearing House (ACH) receipts, and accounting records, for the purpose of ascertaining that ACDBE firms have provided the goods and services reported, and that the Contractor is meeting the ACDBE participation provisions of this Contract. (f) Failure to demonstrate that the Contractor has made good faith efforts to meet the ACDBE participation goal may result in termination of this Contract. (g) The Authority may conduct post award compliance reviews of the ACDBE participation under the Contract. Contractors shall keep all records as necessary to enable the Authority to determine compliance with the ACDBE obligations. Records to be kept by the Contractor will include, but are not limited to, information on the type of goods and/or services provided by the ACDBE firm(s), the dollars spent with each ACDBE firm, the ACDBE certification status of the firms, and the total spend with all firms (ACDBE and non-ACDBE) during the reporting period for the Airport. Records must be kept for at least three years. Contractors will receive credit for ACDBE participation by firms that are certified as ACDBEs by the Virginia Unified Certification Program which consist of the Authority and the Virginia Department of Small Business & Supplier Diversity. The Contractor shall ensure that ACDBE firms are certified prior to engagement if engaged after the contract is awarded. All ACDBE applications and supporting documents for certification must be submitted at: xxxxx://xxxx.xxxxxxxxxxxxxxxxxxx.xxx or xxxxx://xxxxxxxxx.xxxx.xxxxxxxx.xxx/#/. The applicant ACDBE shall include a statement of the goods or services that it plans to provide. Once certified by the Authority, ACDBE goods and services suppliers will be required to submit an annual “No Change Affidavit” as required under 49 CFR Part 26.

Airport Concession Disadvantaged Business Enterprise (ACDBE) Participation. (a) The Airports Authority has established an a goal of 10% ACDBE participation goal for this Contract of ten percent (10%) of the Contractor’s Gross Purchase Amount which is defined as the value of goods and services that the Contractor purchases for utilization at the Airport, including maintenance services for the RAC facility, construction services at the RAC facility, new and used vehicle purchases, auto repair services, auto supplies, fuel, insurance, and other professional and non- professional servicesContract. ACDBE participation may be achieved through the purchase of goods and services necessary to conduct the rental car business at the Airport from ACDBEs, as further described in the U.S. Department of Transportation’s revised regulations governing ACDBE participation, 49 CFR Part 23 and participation may also be obtained through the engagement of ACDBEs through joint ventures and other partnerships according to the ACDBE regulations23.53. These goods and services may include the purchase or lease of new vehicles from any vendor that is a certified ACDBEACDBE firms. All ACDBE firms used to meet this contract’s ACDBE goal must be certified as ACDBEs by the Virginia Unified Certification program which consists of the Authority and the Virginia Department of Small Business & Supplier DiversityAirports Authority. (b) On or before the October 20th of each month year during the term of this Contract Operating Period hereof, beginning October 20, 2012, the Contractor will furnish the Airports Authority with an executed a report certified by an officer of the Contractor’s corporation, showing the total value of the goods and services that the Contractor has purchased from certified ACDBEs for its Airport operations during the twelve-month period from October 1 of the previous monthyear, through September 30 of the current year. The monthly annual certified report shall be titled “ACDBE Participation Report” and will clearly identify the Airport for which the report is prepared, the specific period of the report (i.e. July October 1-31, 20192012 to September 30, 2013) and shall include the name and contact information of the company representative who prepared the report. The Additionally, the certified ACDBE Participation Report shall include at minimum the following information for each ACDBE for which goods or services were reported during the reporting period: (1) Name Full name of Each each ACDBE, Disadvantage Business Enterprise (DBE), Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) firm that the company has procured goods or services from during the period. (2) Full mailing address Contact person for each ACDBE , DBE, MBE, WBE firm to include Telephone, and/or emailACDBE. (3) Contact person for each ACDBEperson’s telephone number. (4) Contact person’s telephone numberemail address. (5) Contact person’s email addressFull mailing address for each ACDBE. (6) Type of goods or services purchased or leased from each ACDBE and dates of purchases/lease (vehicle leases or purchases from ACDBE firms should be listed separately from other purchases from ACDBE firms). (7) Total dollar amount of goods or services purchased or leased from each ACDBE. (8) Proof of ACDBE certification for each ACDBE (8) Reporting period (full dates). (9) Names and Total paid Specific examples of the good faith efforts contractor employed to all firms (regardless solicit the services of status) during reporting period for ACDBE goods and services services vendors (10i.e. advertisements, solicitations, outreach events, individual and/or group meetings, etc.) Amount other than ACDBE vendors or lessors of Gross Receipt during reporting period (11) Signature of a company official responsible for ACDBE participation (12) Type of business (13) beginning and expiration dates of agreement, including options to renew (14) Dates that material amendments have been or will be made to agreement (if known); (15) Estimated gross receipts for the firm during the reporting periodvehicles. (c) The Contractor shall make good faith efforts to obtain ACDBE participation from ACDBE providers of good and services other than ACDBEs engaged in the sale or lease of vehicles. To verify its good faith efforts, the Contractor shall Contractor, in addition to the annual ACDBE Participation Report, will provide in the ACDBE Participation Report an executed a statement showing the efforts it made to obtain goods and services from ACDBEs (i.e. advertisements, solicitations, outreach events, individual and/or group meetings, etc.), other than ACDBEs selling or leasing vehicles. (1) Period covered by the report (2) Company Name (3) Company Address (4) Name, title, address, phone number and email of person preparing the report (5) Signature of a company official responsible for ACDBE participation (6) List of outreach activities conducted or participated in by the company (include name of the event, date of event, sponsoring organization, location of event) (7) List of ACDBE, DBE, MBE, WBE firms that the company has solicited for services (even if firms were not successful bidders) (8) Copies of correspondence to ACDBE, DBE, MBE, WBE firms regarding ACDBE opportunities or certification Good faith efforts of an offeror shall be evaluated by the Authority to determine whether the efforts to obtain ACDBE participation were those that a firm aggressively seeking partners or subcontractors would take in the normal course of doing business; whether the steps taken had a reasonable probability of success; and whether based upon the size, scope and complexity of the project, there were qualified ACDBEs available and willing to participate in a reasonable manner. Efforts that are merely pro forma are not good faith efforts to meet the goal. Efforts to obtain ACDBE participation are considered pro forma, even if they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of ACDBE participation to meet the ACDBE goal. For example, advertising or bulk mailings, alone or together are considered pro forma unless followed up with telephone calls and/or correspondence consistent with normal business practice. If the ACDBE firm provides a reasonable and/or legitimate offer, a reasonable effort to evaluate the participant and work towards a good business arrangement for both parties must be demonstrated. (d) If the Contractor fails to meet the 10% ACDBE participation goal for the twelve-month period covered by the ACDBE Participation Report, the Contractor shall provide, along with the Report, detailed documentation, in a form acceptable to the Airports Authority, of its good faiths efforts to meet the goal. Such “good faith efforts” must meet the standards set forth in 49 CFR Parts 26 and 23Part 26. (e) The Contractor shall provide allow the Airports Authority with access to all Contractor’s records relating to its compliance with the ACDBE provisions of this Contract, including but not limited to, canceled checks, Automated Clearing House (ACH) receipts, checks and accounting records, for the purpose of ascertaining that ACDBE firms have provided the goods and services reported, and that the Contractor is meeting the ACDBE participation provisions of this Contract. (f) Failure to demonstrate that the Contractor has made good faith efforts to meet the ACDBE participation goal may result in termination of this Contract. (g) The Authority may conduct post award compliance reviews of the ACDBE participation under the Contract. Contractors shall keep all records as necessary to enable the Authority to determine compliance with the ACDBE obligations. Records to be kept by the Contractor will include, but are not limited to, information on the type of goods and/or services provided by the ACDBE firm(s), the dollars spent with each ACDBE firm, the ACDBE certification status of the firms, and the total spend with all firms (ACDBE and non-ACDBE) during the reporting period for the Airport. Records must be kept for at least three years. Contractors Rental Car companies will receive credit for ACDBE participation by firms that are certified as ACDBEs by the Virginia Unified Certification Program which consist Airports Authority prior to submission of the Authority and the Virginia Department of Small Business & Supplier Diversity. The Contractor shall ensure that annual ACDBE firms are certified prior to engagement if engaged after the contract is awardedParticipation Report. All ACDBE applications and supporting documents for certification must be submitted atto: xxxxx://xxxx.xxxxxxxxxxxxxxxxxxx.xxx or xxxxx://xxxxxxxxx.xxxx.xxxxxxxx.xxx/#/. Equal Opportunity Programs Office Metropolitan Washington Airports Authority 0 Xxxxxxxx Xxxxxx Xxxxxxxxxx, X.X. 00000-0000 The application should clearly identify the “Airport Rental Car Concession” as the opportunity for which the DBE certification is being sought. The Contractor shall ensure that DBE applications are submitted in a timely manner (at least 6 weeks before the deadline for submission of the annual ACDBE Participation Report. The applicant ACDBE shall include a statement of the goods or services that it plans to provide. Once certified by the Airports Authority, the ACDBE goods and services suppliers will be required to submit an a annual “No Change Affidavit” as required under 49 CFR Part 26. The Airports Authority's Office of Equal Opportunity Programs will assist Contractor in identifying current Airports Authority certified ACDBE firms and other DBE firms upon request. Any questions about ACDBE certification should be directed to Xxxxxxx Xxxxxx, Equal Opportunity Programs office at (000) 000-0000. (h) To qualify as an ACDBE, the firm must meet the definition set forth below and the applicable small business size standard, defined in terms of the firm's average annual gross receipts for the preceding three (3) fiscal years. The applicable size standard for ACDBE rental car concessionaires is $69.97 million, which means the ACDBEs average annual gross receipts for the last three years (including gross receipts of all affiliates) cannot exceed $69.97 million. However, the applicable small business size standard for ACDBE firms providing goods and services to rental car concessionaires is $52.47 million. The applicable size standard for ACDBE automobile dealerships is 350 employees. The receipts or number of employees of affiliate companies are included in determining size. In general, business concerns are affiliates of each other when either directly or indirectly (1) one concern controls or has the power to control the other, or (2) a third party (or parties) has the power to control both. Consideration is given to such factors as common ownership, common management, contractual relationships and overlapping Airports Authority. An ACDBE, as defined by 49 CFR Part 23, is a business concern that meets the applicable small business size standard, which is: a) at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it "Socially and economically disadvantaged individuals" include: (1) Women; (2) Black Americans, which includes a person having origins any of the Black racial groups of Africa; (3) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central, or South American, or other Spanish or Portuguese culture or origin, regardless of race; (4) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, and Native Hawaiians; (5) Asian-Pacific Americans, which includes persons whose origins are from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia (Kampuchea), the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), Republic of the Xxxxxxxx Islands, Federated States of Micronesia, or the Commonwealth of the Northern Mariana Islands, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru; and (6) Asian-Indian Americans, which includes persons whose origins, are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal. The Airports Authority generally will assume that business owners who fall into one of these groups are socially and economically disadvantaged. Their disadvantaged status will not be investigated, unless a third-party challenge is made or the Airports Authority has reason to suspect that the owner(s) may not be disadvantaged. Other individuals may be found to be socially and economically disadvantaged on a case-by-case basis. If such individual requests that his or her firm be certified as ACDBE, the Airports Authority, as part of the certification process, will determine whether the individual is socially and economically disadvantaged under the criteria of 49 CFR Part 23 and 26. These owners must demonstrate that their disadvantaged status arose from individual circumstances, rather than by virtue of membership in a group. (i) If, during the term of this Contract, the U.S. Department of Transportation alters the regulations governing ACDBE participation in rental car contracts, the Airports Authority will negotiate with Contractor and the other on-airport rental car concessionaires concerning changes necessary to conform the Contract to the amended ACDBE regulation.

Airport Concession Disadvantaged Business Enterprise (ACDBE) Participation. (a) The Authority has established an ACDBE participation goal for this Contract of ten percent (10%) of the Contractor’s Gross Purchase Amount which is defined as the value of goods and services that the Contractor purchases for utilization at the Airport, including maintenance services for the RAC facility, construction services at the RAC facility, new and used vehicle purchases, auto repair services, auto supplies, fuel, insurance, and other professional and non- professional services. ACDBE participation may be achieved through the purchase of goods and services necessary to conduct the rental car business at the Airport from ACDBEs, as further described in the U.S. Department of Transportation’s revised regulations governing ACDBE participation, 49 CFR Part 23 and participation may also be obtained through the engagement of ACDBEs through joint ventures and other partnerships according to the ACDBE regulations. These goods and services may include the purchase or lease of vehicles from any vendor that is a certified ACDBE. All ACDBE firms used to meet this contract’s ACDBE goal must be certified as ACDBEs by the Virginia Unified Certification program which consists of the Authority and the Virginia Department of Small Business & Supplier Diversity. (b) On or before the 20th of each month during the term of this Contract hereof, the Contractor will furnish the Authority with an executed report certified by an officer of the Contractor’s corporation, showing the total value of the goods and services that the Contractor has purchased from certified ACDBEs for its Airport operations during the previous month. The monthly certified report shall be titled “ACDBE Participation Report” and will clearly identify the Airport for which the report is prepared, the specific period of the report (i.e. July 1-31, 2019) and shall include the name and contact information of the company representative who prepared the report. The certified ACDBE Participation Report shall include at minimum the following information for each ACDBE for which goods or services were reported during the reporting period:’s (1) Name of Each ACDBE, Disadvantage Business Enterprise (DBE), Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) firm that the company has procured goods or services from during the period (2) Full mailing address for each ACDBE , DBE, MBE, WBE firm to include Telephone, and/or email. (3) Contact person for each ACDBE (4) Contact person’s telephone number (5) Contact person’s email address (6) Type of goods or services purchased or leased from each ACDBE and dates of purchases/lease (vehicle leases or purchases from ACDBE firms should be listed separately from other purchases from ACDBE firms) (7) Proof of ACDBE certification for each ACDBE (8) Reporting period (full dates) (9) Names and Total paid to all firms (regardless of status) during reporting period for goods and services (10) Amount of Gross Receipt during reporting period (11) Signature of a company official responsible for ACDBE participation (12) Type of business (13) beginning and expiration dates of agreement, including options to renew (14) Dates that material amendments have been or will be made to agreement (if known); (15) Estimated gross receipts for the firm during the reporting period. (c) The Contractor shall make good faith efforts to obtain ACDBE participation from ACDBE providers of good and services other than ACDBEs engaged in the sale or lease of vehicles. To verify its good faith efforts, the Contractor shall provide in the ACDBE Participation Report an executed statement showing the efforts it made to obtain goods and services from ACDBEs (i.e. advertisements, solicitations, outreach events, individual and/or group meetings, etc.), other than ACDBEs selling or leasing vehicles. (1) Period covered by the report (2) Company Name (3) Company Address (4) Name, title, address, phone number and email of person preparing the report (5) Signature of a company official responsible for ACDBE participation (6) List of outreach activities conducted or participated in by the company (include name of the event, date of event, sponsoring organization, location of event) (7) List of ACDBE, DBE, MBE, WBE firms that the company has solicited for services (even if firms were not successful bidders) (8) Copies of correspondence to ACDBE, DBE, MBE, WBE firms regarding ACDBE opportunities or certification Good faith efforts of an offeror shall be evaluated by the Authority to determine whether the efforts to obtain ACDBE participation were those that a firm aggressively seeking partners or subcontractors would take in the normal course of doing business; whether the steps taken had a reasonable probability of success; and whether based upon the size, scope and complexity of the project, there were qualified ACDBEs available and willing to participate in a reasonable manner. Efforts that are merely pro forma are not good faith efforts to meet the goal. Efforts to obtain ACDBE participation are considered pro forma, even if they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of ACDBE participation to meet the ACDBE goal. For example, advertising or bulk mailings, alone or together are considered pro forma unless followed up with telephone calls and/or correspondence consistent with normal business practice. If the ACDBE firm provides a reasonable and/or legitimate offer, a reasonable effort to evaluate the participant and work towards a good business arrangement for both parties must be demonstrated. (d) If the Contractor fails to meet the 10% ACDBE participation goal for the twelve-month period covered by the ACDBE Participation Report, the Contractor shall provide, along with the Report, detailed documentation, in a form acceptable to the Authority, of its good faiths efforts to meet the goal. Such “good faith efforts” must meet the standards set forth in 49 CFR Parts 26 and 23. (e) The Contractor shall provide the Authority with all Contractor’s records relating to its compliance with the ACDBE provisions of this Contract, including but not limited to, canceled checks, Automated Clearing House (ACH) receipts, and accounting records, for the purpose of ascertaining that ACDBE firms have provided the goods and services reported, and that the Contractor is meeting the ACDBE participation provisions of this Contract. (f) Failure to demonstrate that the Contractor has made good faith efforts to meet the ACDBE participation goal may result in termination of this Contract. (g) The Authority may conduct post award compliance reviews of the ACDBE participation under the Contract. Contractors shall keep all records as necessary to enable the Authority to determine compliance with the ACDBE obligations. Records to be kept by the Contractor will include, but are not limited to, information on the type of goods and/or services provided by the ACDBE firm(s), the dollars spent with each ACDBE firm, the ACDBE certification status of the firms, and the total spend with all firms (ACDBE and non-ACDBE) during the reporting period for the Airport. Records must be kept for at least three years. Contractors will receive credit for ACDBE participation by firms that are certified as ACDBEs by the Virginia Unified Certification Program which consist of the Authority and the Virginia Department of Small Business & Supplier Diversity. The Contractor shall ensure that ACDBE firms are certified prior to engagement if engaged after the contract is awarded. All ACDBE applications and supporting documents for certification must be submitted at: xxxxx://xxxx.xxxxxxxxxxxxxxxxxxx.xxx or xxxxx://xxxxxxxxx.xxxx.xxxxxxxx.xxx/#/. The applicant ACDBE shall include a statement of the goods or services that it plans to provide. Once certified by the Authority, ACDBE goods and services suppliers will be required to submit an annual “No Change Affidavit” as required under 49 CFR Part 26.

Airport Concession Disadvantaged Business Enterprise (ACDBE) Participation. (a) The Authority has established an a goal of 10% ACDBE participation goal for this Contract of ten percent (10%) of the Contractor’s Gross Purchase Amount which is defined as the value of goods and services that the Contractor purchases for utilization at the Airport, including maintenance services for the RAC facility, construction services at the RAC facility, new and used vehicle purchases, auto repair services, auto supplies, fuel, insurance, and other professional and non- professional servicesContract. ACDBE participation may be achieved through the purchase of goods and services necessary to conduct the rental car business at the Airport from ACDBEs, as further described in the U.S. Department of Transportation’s revised regulations governing ACDBE participation, 49 CFR Part 23 and participation may also be obtained through the engagement of ACDBEs through joint ventures and other partnerships according to the ACDBE regulations23. These goods and services may include the purchase or lease of new vehicles from any vendor that is a certified ACDBEACDBE firms. All ACDBE firms used to meet this contract’s ACDBE goal must be certified as ACDBEs by the Virginia Unified Certification program which consists of the Authority and or the Virginia Department of Small Minority Business & Supplier DiversityEnterprise. (b) On or before the 20th of each month during the term of this Contract Operating Period hereof, beginning , the Contractor will furnish the Authority with an executed a report certified by an officer of the Contractor’s corporation, showing the total value of the goods and services that the Contractor has purchased from certified ACDBEs for its Airport operations during the previous month. The monthly certified report shall be titled “ACDBE Participation Report” and will clearly identify the Airport for which the report is prepared, the specific period of the report (i.e. July 1-31, 20192011) and shall include the name and contact information of the company representative who prepared the report. The certified ACDBE Participation Report shall include at minimum the following information for each ACDBE for which goods or services were reported during the reporting period: (1) Name Full name of Each each ACDBE, Disadvantage Business Enterprise (DBE), Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) firm that the company has procured goods or services from during the period (2) Full mailing address for each ACDBE , DBE, MBE, WBE firm to include Telephone, and/or email. (3) Contact person for each ACDBE (43) Contact person’s telephone number (54) Contact person’s email address (5) Full mailing address for each ACDBE (6) Type of goods or services purchased or leased from each ACDBE and dates of purchases/lease (vehicle leases or purchases from ACDBE firms should be listed separately from other purchases from ACDBE firms) (7) Total dollar amount of goods or services purchased or leased from each ACDBE (8) Proof of ACDBE certification for each ACDBE (8) Reporting period (full dates) (9) Names and Total paid Specific examples of the good faith efforts contractor employed to all firms (regardless solicit the services of status) during reporting period for ACDBE goods and services services vendors (10i.e. advertisements, solicitations, outreach events, individual and/or group meetings, etc.) Amount other than ACDBE vendors or lessors of Gross Receipt during reporting period (11) Signature of a company official responsible for ACDBE participation (12) Type of business (13) beginning and expiration dates of agreement, including options to renew (14) Dates that material amendments have been or will be made to agreement (if known); (15) Estimated gross receipts for the firm during the reporting periodvehicles. (c) The Contractor shall make good faith efforts to obtain ACDBE participation from ACDBE providers of good and services other than ACDBEs engaged in the sale or lease of vehicles. To verify its good faith efforts, the Contractor shall Contractor, in addition to the annual ACDBE Participation Report, will provide in the ACDBE Participation Report an executed a statement showing the efforts it made to obtain goods and services from ACDBEs (i.e. advertisements, solicitations, outreach events, individual and/or group meetings, etc.), other than ACDBEs selling or leasing vehicles. (1) Period covered by the report (2) Company Name (3) Company Address (4) Name, title, address, phone number and email of person preparing the report (5) Signature of a company official responsible for ACDBE participation (6) List of outreach activities conducted or participated in by the company (include name of the event, date of event, sponsoring organization, location of event) (7) List of ACDBE, DBE, MBE, WBE firms that the company has solicited for services (even if firms were not successful bidders) (8) Copies of correspondence to ACDBE, DBE, MBE, WBE firms regarding ACDBE opportunities or certification Good faith efforts of an offeror shall be evaluated by the Authority to determine whether the efforts to obtain ACDBE participation were those that a firm aggressively seeking partners or subcontractors would take in the normal course of doing business; whether the steps taken had a reasonable probability of success; and whether based upon the size, scope and complexity of the project, there were qualified ACDBEs available and willing to participate in a reasonable manner. Efforts that are merely pro forma are not good faith efforts to meet the goal. Efforts to obtain ACDBE participation are considered pro forma, even if they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of ACDBE participation to meet the ACDBE goal. For example, advertising or bulk mailings, alone or together are considered pro forma unless followed up with telephone calls and/or correspondence consistent with normal business practice. If the ACDBE firm provides a reasonable and/or legitimate offer, a reasonable effort to evaluate the participant and work towards a good business arrangement for both parties must be demonstrated. (d) If the Contractor fails to meet the 10% ACDBE participation goal for the twelve-month period covered by the ACDBE Participation Report, the Contractor shall provide, along with the Report, detailed documentation, in a form acceptable to the Authority, of its good faiths efforts to meet the goal. Such “good faith efforts” must meet the standards set forth in 49 CFR Parts 26 and 23. (e) The Contractor shall provide allow the Authority with access to all Contractor’s records relating to its compliance with the ACDBE provisions of this Contract, including but not limited to, canceled checks, Automated Clearing House (ACH) receipts, checks and accounting records, for the purpose of ascertaining that ACDBE firms have provided the goods and services reported, and that the Contractor is meeting the ACDBE participation provisions of this Contract. (f) Failure to demonstrate that the Contractor has made good faith efforts to meet the ACDBE participation goal may result in termination of this Contract. (g) The Authority may conduct post award compliance reviews of the ACDBE participation under the Contract. Contractors shall keep all records as necessary to enable the Authority to determine compliance with the ACDBE obligations. Records to be kept by the Contractor will include, but are not limited to, information on the type of goods and/or services provided by the ACDBE firm(s), the dollars spent with each ACDBE firm, the ACDBE certification status of the firms, and the total spend with all firms (ACDBE and non-ACDBE) during the reporting period for the Airport. Records must be kept for at least three years. Contractors Rental Car companies will receive credit for ACDBE participation by firms that are certified as ACDBEs by the Virginia Unified Certification Program which consist Authority prior to submission of the Authority and the Virginia Department of Small Business & Supplier Diversity. The Contractor shall ensure that annual ACDBE firms are certified prior to engagement if engaged after the contract is awardedParticipation Report. All ACDBE applications and supporting documents for certification must be submitted atto: xxxxx://xxxx.xxxxxxxxxxxxxxxxxxx.xxx or xxxxx://xxxxxxxxx.xxxx.xxxxxxxx.xxx/#/. The application should clearly identify the “Airport Rental Car Concession” as the opportunity for which the ACDBE certification is being sought. The Contractor shall ensure that ACDBE applications are submitted in a timely manner (at least 6 weeks before the deadline for submission of the annual ACDBE Participation Report. The applicant ACDBE shall include a statement of the goods or services that it plans to provide. Once certified by the Authority, the ACDBE goods and services suppliers will be required to submit an a annual “No Change Affidavit” as required under 49 CFR Part 26. The Authority's Department of Supplier Diversity will assist Contractor in identifying current Authority certified ACDBE firms and other DBE firms upon request. Any questions about ACDBE certification should be directed to Department of Supplier Diversity at (000) 000-0000. (h) To qualify as an ACDBE, the firm must meet the definition set forth below and the applicable small business size standard, defined in terms of the firm's average annual gross receipts for the preceding three (3) fiscal years. The applicable size standard for ACDBE rental car concessionaires is $69.97 million, which means the ACDBEs average annual gross receipts for the last three years (including gross receipts of all affiliates) cannot exceed $69.97 million. However, the applicable small business size standard for ACDBE firms providing goods and services to rental car concessionaires is $52.47 million. The receipts of affiliate companies are included in determining size. In general, business concerns are affiliates of each other when either directly or indirectly (1) one concern controls or has the power to control the other, or (2) a third party (or parties) has the power to control both. Consideration is given to such factors as common ownership, common management, contractual relationships and overlapping authority. An ACDBE, as defined by 49 CFR Part 23, is a business concern that meets the applicable small business size standard, which is: a) at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it "Socially and economically disadvantaged individuals" include: (1) Women; (2) Black Americans, which includes a person having origins any of the Black racial groups of Africa; (3) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central, or South American, or other Spanish or Portuguese culture or origin, regardless of race; (4) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, and Native Hawaiians; (5) Asian-Pacific Americans, which includes persons whose origins are from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia (Kampuchea), the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), Republic of the Xxxxxxxx Islands, Federated States of Micronesia, or the Commonwealth of the Northern Mariana Islands, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru; and (6) Asian-Indian Americans, which includes persons whose origins, are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal. The Authority generally will assume that business owners who fall into one of these groups are socially and economically disadvantaged. Their disadvantaged status will not be investigated, unless a third-party challenge is made or the Authority has reason to suspect that the owner(s) may not be disadvantaged. Other individuals may be found to be socially and economically disadvantaged on a case-by-case basis. For example, a disabled Vietnam veteran, an Appalachian white male or another person may claim to be disadvantaged. If such individual requests that his or her firm be certified as ACDBE, the Authority, as part of the certification process, will determine whether the individual is socially and economically disadvantaged under the criteria of 49 CFR Part 23 and 26. These owners must demonstrate that their disadvantaged status arose from individual circumstances, rather than by virtue of membership in a group. (i) If, during the term of this Contract, the U.S. Department of Transportation alters the regulations governing ACDBE participation in rental car contracts, the Authority will negotiate with Contractor and the other on-airport rental car concessionaires concerning changes necessary to conform the Contract to the amended ACDBE regulation.

Airport Concession Disadvantaged Business Enterprise (ACDBE) Participation. (a) The Authority has established an a goal of 10% ACDBE participation goal for this Contract of ten percent (10%) of the Contractor’s Gross Purchase Amount which is defined as the value of goods and services that the Contractor purchases for utilization at the Airport, including maintenance services for the RAC facility, construction services at the RAC facility, new and used vehicle purchases, auto repair services, auto supplies, fuel, insurance, and other professional and non- professional servicesContract. ACDBE participation may be achieved through the purchase of goods and services necessary to conduct the rental car business at the Airport from ACDBEs, as further described in the U.S. Department of Transportation’s revised regulations governing ACDBE participation, 49 CFR Part 23 and participation may also be obtained through the engagement of ACDBEs through joint ventures and other partnerships according to the ACDBE regulations23. These goods and services may include the purchase or lease of new vehicles from any vendor that is a certified ACDBEACDBE firms. All ACDBE firms used to meet this contract’s ACDBE goal must be certified as ACDBEs by the Virginia Unified Certification program which consists of the Authority and or the Virginia Department of Small Minority Business & Supplier DiversityEnterprise. (b) On or before the 20th of each month during the term of this Contract Operating Period hereof, beginning , the Contractor will furnish the Authority with an executed a report certified by an officer of the Contractor’s corporation, showing the total value of the goods and services that the Contractor has purchased from certified ACDBEs for its Airport operations during the previous month. The monthly certified report shall be titled “ACDBE Participation Report” and will clearly identify the Airport for which the report is prepared, the specific period of the report (i.e. July 1-31, 20192016) and shall include the name and contact information of the company representative who prepared the report. The certified ACDBE Participation Report shall include at minimum the following information for each ACDBE for which goods or services were reported during the reporting period: (1) Name Full name of Each each ACDBE, Disadvantage Business Enterprise (DBE), Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) firm that the company has procured goods or services from during the period (2) Full mailing address for each ACDBE , DBE, MBE, WBE firm to include Telephone, and/or email. (3) Contact person for each ACDBE (43) Contact person’s telephone number (54) Contact person’s email address (5) Full mailing address for each ACDBE (6) Type of goods or services purchased or leased from each ACDBE and dates of purchases/lease (vehicle leases or purchases from ACDBE firms should be listed separately from other purchases from ACDBE firms) (7) Total dollar amount of goods or services purchased or leased from each ACDBE (8) Proof of ACDBE certification for each ACDBE (8) Reporting period (full dates) (9) Names and Total paid Specific examples of the good faith efforts contractor employed to all firms (regardless solicit the services of status) during reporting period for ACDBE goods and services services vendors (10i.e. advertisements, solicitations, outreach events, individual and/or group meetings, etc.) Amount other than ACDBE vendors or lessors of Gross Receipt during reporting period (11) Signature of a company official responsible for ACDBE participation (12) Type of business (13) beginning and expiration dates of agreement, including options to renew (14) Dates that material amendments have been or will be made to agreement (if known); (15) Estimated gross receipts for the firm during the reporting periodvehicles. (c) The Contractor shall make good faith efforts to obtain ACDBE participation from ACDBE providers of good and services other than ACDBEs engaged in the sale or lease of vehicles. To verify its good faith efforts, the Contractor shall Contractor, in addition to the annual ACDBE Participation Report, will provide in the ACDBE Participation Report an executed a statement showing the efforts it made to obtain goods and services from ACDBEs (i.e. advertisements, solicitations, outreach events, individual and/or group meetings, etc.), other than ACDBEs selling or leasing vehicles. (1) Period covered by the report (2) Company Name (3) Company Address (4) Name, title, address, phone number and email of person preparing the report (5) Signature of a company official responsible for ACDBE participation (6) List of outreach activities conducted or participated in by the company (include name of the event, date of event, sponsoring organization, location of event) (7) List of ACDBE, DBE, MBE, WBE firms that the company has solicited for services (even if firms were not successful bidders) (8) Copies of correspondence to ACDBE, DBE, MBE, WBE firms regarding ACDBE opportunities or certification Good faith efforts of an offeror shall be evaluated by the Authority to determine whether the efforts to obtain ACDBE participation were those that a firm aggressively seeking partners or subcontractors would take in the normal course of doing business; whether the steps taken had a reasonable probability of success; and whether based upon the size, scope and complexity of the project, there were qualified ACDBEs available and willing to participate in a reasonable manner. Efforts that are merely pro forma are not good faith efforts to meet the goal. Efforts to obtain ACDBE participation are considered pro forma, even if they are sincerely motivated, if, given all relevant circumstances, they could not reasonably be expected to produce a level of ACDBE participation to meet the ACDBE goal. For example, advertising or bulk mailings, alone or together are considered pro forma unless followed up with telephone calls and/or correspondence consistent with normal business practice. If the ACDBE firm provides a reasonable and/or legitimate offer, a reasonable effort to evaluate the participant and work towards a good business arrangement for both parties must be demonstrated. (d) If the Contractor fails to meet the 10% ACDBE participation goal for the twelve-month period covered by the ACDBE Participation Report, the Contractor shall provide, along with the Report, detailed documentation, in a form acceptable to the Authority, of its good faiths efforts to meet the goal. Such “good faith efforts” must meet the standards set forth in 49 CFR Parts 26 and 23. (e) The Contractor shall provide allow the Authority with access to all Contractor’s records relating to its compliance with the ACDBE provisions of this Contract, including but not limited to, canceled checks, Automated Clearing House (ACH) receipts, checks and accounting records, for the purpose of ascertaining that ACDBE firms have provided the goods and services reported, and that the Contractor is meeting the ACDBE participation provisions of this Contract. (f) Failure to demonstrate that the Contractor has made good faith efforts to meet the ACDBE participation goal may result in termination of this Contract. (g) The Authority may conduct post award compliance reviews of the ACDBE participation under the Contract. Contractors shall keep all records as necessary to enable the Authority to determine compliance with the ACDBE obligations. Records to be kept by the Contractor will include, but are not limited to, information on the type of goods and/or services provided by the ACDBE firm(s), the dollars spent with each ACDBE firm, the ACDBE certification status of the firms, and the total spend with all firms (ACDBE and non-ACDBE) during the reporting period for the Airport. Records must be kept for at least three years. Contractors Rental Car companies will receive credit for ACDBE participation by firms that are certified as ACDBEs by the Virginia Unified Certification Program which consist Authority prior to submission of the Authority and the Virginia Department of Small Business & Supplier Diversity. The Contractor shall ensure that annual ACDBE firms are certified prior to engagement if engaged after the contract is awardedParticipation Report. All ACDBE applications and supporting documents for certification must be submitted atto: xxxxx://xxxx.xxxxxxxxxxxxxxxxxxx.xxx or xxxxx://xxxxxxxxx.xxxx.xxxxxxxx.xxx/#/. The application should clearly identify the “Airport Rental Car Concession” as the opportunity for which the ACDBE certification is being sought. The Contractor shall ensure that ACDBE applications are submitted in a timely manner (at least 6 weeks before the deadline for submission of the annual ACDBE Participation Report. The applicant ACDBE shall include a statement of the goods or services that it plans to provide. Once certified by the Authority, the ACDBE goods and services suppliers will be required to submit an a annual “No Change Affidavit” as required under 49 CFR Part 26. The Authority's Department of Supplier Diversity will assist Contractor in identifying current Authority certified ACDBE firms and other DBE firms upon request. Any questions about ACDBE certification should be directed to Department of Supplier Diversity at (000) 000-0000. (h) To qualify as an ACDBE, the firm must meet the definition set forth below and the applicable small business size standard, defined in terms of the firm's average annual gross receipts for the preceding three (3) fiscal years. The applicable size standard for ACDBE rental car concessionaires is $69.97 million, which means the ACDBEs average annual gross receipts for the last three years (including gross receipts of all affiliates) cannot exceed $69.97 million. However, the applicable small business size standard for ACDBE firms providing goods and services to rental car concessionaires is $52.47 million. The receipts of affiliate companies are included in determining size. In general, business concerns are affiliates of each other when either directly or indirectly (1) one concern controls or has the power to control the other, or (2) a third party (or parties) has the power to control both. Consideration is given to such factors as common ownership, common management, contractual relationships and overlapping authority. An ACDBE, as defined by 49 CFR Part 23, is a business concern that meets the applicable small business size standard, which is: a) at least 51% owned and controlled by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals; and (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it "Socially and economically disadvantaged individuals" include: (1) Women; (2) Black Americans, which includes a person having origins any of the Black racial groups of Africa; (3) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central, or South American, or other Spanish or Portuguese culture or origin, regardless of race; (4) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, and Native Hawaiians; (5) Asian-Pacific Americans, which includes persons whose origins are from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia (Kampuchea), the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), Republic of the Xxxxxxxx Islands, Federated States of Micronesia, or the Commonwealth of the Northern Mariana Islands, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru; and (6) Asian-Indian Americans, which includes persons whose origins, are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal. The Authority generally will assume that business owners who fall into one of these groups are socially and economically disadvantaged. Their disadvantaged status will not be investigated, unless a third-party challenge is made or the Authority has reason to suspect that the owner(s) may not be disadvantaged. Other individuals may be found to be socially and economically disadvantaged on a case-by-case basis. For example, a disabled Vietnam veteran, an Appalachian white male or another person may claim to be disadvantaged. If such individual requests that his or her firm be certified as ACDBE, the Authority, as part of the certification process, will determine whether the individual is socially and economically disadvantaged under the criteria of 49 CFR Part 23 and 26. These owners must demonstrate that their disadvantaged status arose from individual circumstances, rather than by virtue of membership in a group. (i) If, during the term of this Contract, the U.S. Department of Transportation alters the regulations governing ACDBE participation in rental car contracts, the Authority will negotiate with Contractor and the other on-airport rental car concessionaires concerning changes necessary to conform the Contract to the amended ACDBE regulation.