Active SLED Opportunity · TENNESSEE · MEMPHIS-SHELBY AIRPORT AUTHORITY

    Pedestrian Plaza Canopy Fans

    Issued by Memphis-Shelby Airport Authority
    localRFQMemphis-Shelby Airport AuthoritySol. 254353
    Open · 34d remaining
    DAYS TO CLOSE
    34
    due Jun 17, 2026
    PUBLISHED
    May 5, 2026
    Posting date
    JURISDICTION
    Memphis-Shelby Airport
    local
    NAICS CODE
    333415
    AI-classified industry

    AI Summary

    Supply and delivery of 21 corrosion-resistant replacement fans for pedestrian plaza canopies at Memphis International Airport. Installation by airport personnel. Includes compliance with diversity programs, bonding, and federal regulations. Mandatory pre-bid meeting on May 19, 2026. Responses due June 17, 2026.

    Opportunity details

    Solicitation No.
    254353
    Type / RFx
    RFQ
    Status
    open
    Level
    local
    Published Date
    May 5, 2026
    Due Date
    June 17, 2026
    NAICS Code
    333415AI guide
    Agency
    Memphis-Shelby Airport Authority

    Description

    Project consists of supplying replacement fans for the exterior pedestrian plaza canopies at Memphis International Airport. Replacement fans shall be new, rated for outdoor corrosion-resistant service, compatible with existing structural supports, electrical supply, controls, and performance requirements. The vendor shall provide product data and warranty information and deliver the fans to the designated site location. Installation and commissioning will be performed by Memphis-Shelby County Airport Authority in-house personnel.

    Background

    The Authority owns and operates Memphis International Airport (MEM), Charles Baker Airport and General DeWitt Spain Airport.  Memphis International Airport is located in Shelby County about 13 miles southeast of downtown Memphis.  Memphis International Airport is the principal air carrier airport serving west Tennessee, north Mississippi, southeast Missouri, and east Arkansas.  Memphis International Airport is also the principal hub for FedEx, making MEM one of the world’s busiest cargo airports and the single largest economic engine in the Mid-South. The Airport is primarily an origin and destination (O&D) airport. MEM served 4.8 million O&D passengers in 2025.

    The Airport is located on 4,640 acres of land in the County and includes a terminal complex of approximately one million square feet, and four other buildings containing approximately 100,000 square feet, which are used by air carriers and all-cargo carriers as transfer facilities for cargo.  These buildings are adjacent to the terminal complex and are separate from FedEx facilities that contain approximately 3.5 million square feet and occupy approximately 518 acres.

    Project Details

    • Reference ID: 26-0016
    • Department: Building Maintenance
    • Department Head: Zachary Shaw (Director of Maintenance)

    Important Dates

    • Questions Due: 2026-05-27T21:30:00.000Z
    • Answers Posted By: 2026-06-05T21:30:00.000Z
    • Pre-Proposal Meeting: 2026-05-19T18:00:00.000Z — Authority’s Board Room on the Mezzanine Level, Terminal B of the Memphis International Airport, 2491 Winchester Road, Memphis, TN 38116, followed by a site visit

    Evaluation Criteria

    • Overview

      The Authority operates a non-federal Business Diversity Development Program (BDDP) to ensure full and fair opportunities in Authority contracting for businesses owned by socially and economically disadvantaged individuals. While the program applies to contracts that are not federally funded, the Authority administers BDDP consistent with 49 CFR Part 26 as outlined below and otherwise indicated in the BDDP requirements. Only firms that are certified consistent with 49 CFR Part 26 and the Tennessee Department of Transportation Unified Certification Program, as identified below, will be certified as a Disadvantaged Business Enterprise for the purpose of BDDP requirements.

      This section, entitled “Business Diversity Development Program Requirements” is provided to assist Respondents. The information contained in this section is not intended to supplement or amend any federal regulation. All Respondents are responsible for compliance with all applicable rules and requirements.

    • Debarment and Suspension
      1. CERTIFICATION OF OFFEROR/RESPONDENT REGARDING DEBARMENT
        By submitting a bid/proposal under this solicitation, the respondent or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
      2. CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
        The successful respondent, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must confirm each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally-assisted project.  The successful respondent will accomplish this by:
        1. Checking the System for Award Management at website:  http://www.sam.gov.
        2. Collecting a certification statement similar to the Certification of Offeror /Bidder Regarding Debarment, above.
        3. Inserting a clause or condition in the covered transaction with the lower tier contract.

      If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

    • Pedestrian Plaza Canopy Fans Scope of Services

      This project consists of supplier sourcing and supplying the Authority with twenty-one replacement fans for the exterior pedestrian plaza canopies at Memphis International Airport. Replacement fans shall be new, rated for outdoor corrosion-resistant service, compatible with existing structural supports, electrical supply, controls, and performance requirements. The vendor shall provide product data and warranty information and deliver the fans to the designated site location. Installation and commissioning will be performed by the Authority. 

      Specifications and details of our current fans can be found in the attachments.

    • RFB Timeline

      While this timeline sets forth important dates for this Request for Bids (RFB) process, the entire RFB should be consulted for additional information and requirements concerning these deadlines.  The schedule below is subject to change without liability to the Authority.

      All times listed are Memphis, Tennessee Local Time (CST).

      Publication of Legal Notice:May 5, 2026
      Release of RFB Documents:May 5, 2026
      Pre-Bid Meeting (Non-Mandatory):May 19, 2026, 1:00pm

      Authority’s Board Room on the Mezzanine Level, Terminal B of the Memphis International Airport, 2491 Winchester Road, Memphis, TN 38116, followed by a site visit

      Questions Due from Respondents:May 27, 2026, 4:30pm
      Questions and Answers Posted:June 5, 2026, 4:30pm
      Response Due to Authority:June 17, 2026, 2:00pm
      Anticipated Purchase Order Award Date:July 1, 2026
    • Response Structure

      It is not the intent of the Authority to restrict response preparation; however, to enable the Authority to evaluate each response in a uniform manner, all Bidders shall structure their response by submitting the response using the forms provided and submitting data as requested in the following sections:

      Bidder Information Form

      Bidders must submit the Bidder Information Form provided.

      Exceptions

      Bidder must state in detail the Exception to Specifications form provided, referencing the specified item, any proposed equivalent item including Manufacturer, Item Number and brief description.

      Price Schedule

      Using the Price Schedule, Bidder must furnish a bid price for the specified item(s). 

    • Authority’s Right to No Award or Partial Award

      Award will be made to the Bidder with the lowest Bid, if awarded.  The Authority reserves the right to reject all responses, reject portions of any response, or accept the response deemed most advantageous to the Authority.

    • Payment and Billing Requirements
      1. Invoice Submittal

        Invoices for payments related to the Goods/Equipment received under the Contract shall be presented as described below.  Payment will be made only for correct invoices presented with a complete itemization of the Goods/Equipment delivered.  Incorrect invoices will be returned for correction, unpaid. All invoices must include the contract number and/or the purchase order number.  The successful Bidder must email the invoice to the email address below:

        Finance Department - acctpayable@flymemphis.com
      2. Payment Terms
        The Authority shall use its best efforts to pay invoices within net thirty (30) days from the receipt of a correct invoice.
      3. Taxes
        The Authority is exempt from Local, State, and Federal taxes.  Tax certificates will be issued to the successful Bidder upon request.
    • Contract Negotiations and Contract Form

      One Bidder will be selected for contract negotiations in accordance with TERMS OF PERFORMANCE.  Realizing that the final basis for agreement between the successful Bidder and the Authority must be a contract, Bidders shall indicate their willingness to negotiate a Contract acceptable to both Parties. This RFB and specified portions of the successful Bidder’s response shall be incorporated into such Contract.  The successful Bidder shall be required to execute a written contract with the Authority. The Authority will not execute the successful Bidder’s standard contract.

    • Overview

      The Authority operates a federal Disadvantaged Business Enterprise (DBE) to ensure full and fair opportunities in Authority contracting for businesses owned by socially and economically disadvantaged individuals. Only firms that are certified consistent with 49 CFR Part 26 and the Tennessee Department of Transportation Unified Certification Program, as identified below, will be certified as a Disadvantaged Business Enterprise for the purpose of DBE requirements.

      This section, entitled “Disadvantaged Business Enterprise Requirements” is provided to assist Respondents. The information contained in this section is not intended to supplement or amend any federal regulation. All Respondents are responsible for compliance with all applicable rules and requirements.

    • General Requirements

      The successful Respondent shall comply with all Airport Security requirements concerning access to restricted areas of the buildings or airfield.  Access to certain areas of the buildings may be restricted to off-peak working or operational hours or other reasons, and the Respondent will conduct their work accordingly.  If the Authority determines that any employee(s) of the successful Respondent should not work on the Authority’s property or on the Contract, the successful Respondent will immediately comply with the Authority’s request to remove employee(s).

      The successful Respondent and all employees performing duties under the Contract shall conform to all applicable aviation security procedures regarding the issue, wearing, replacement, and return of personal identification badges, as defined in the Airport Security Program (available through the Airport Identification Office) approved by the Transportation Security Administration (TSA) and amended from time to time.

      All employees working under the Contract will be required to display on their person, at all times while on duty, an identification badge issued by the Authority.  Identification badges will be worn on the outermost garment above the waist.

      The successful Respondent will provide the Authority with a badge application signed by the authorized signatory of the successful Respondent.

      Prior to the issuance of the airport identification badge, an airport badge application must be prepared and submitted to the Airport Identification Office.  The application form for airport identification will be provided by the Authority and properly completed by the successful Respondent.

      All employees must be able to meet the requirements of the TSA in order to receive an airport identification badge.   Individuals will be issued a badge by the Airport Identification Office only after they have met all necessary security and training requirements including the appropriate certifications of the fingerprint-based background check and the Security Threat Assessment.  Authority shall be responsible for all fees associated with the successful Respondent’s badge applications; Respondents should not include any costs for badge application fees in their proposals.

      In order to ensure control and accountability of airport identification badges, the successful Respondent will notify the Authority of the termination of any employee immediately and submit written notification of badge status of terminated employees within twenty-four (24) hours to the Security Access Supervisor, Airport Identification Office.  The Airport Identification Office shall be immediately notified if the badge is not recovered for any reason.  Failure to recover the identification badge and return it to the Airport Identification Office will result in a one hundred dollar ($100.00) fee assessed to the successful Respondent.  The successful Respondent will also receive a Monthly Status Report and will verify accuracy of that report on a monthly basis.

      ID badges reported lost or stolen must be thoroughly investigated and closely scrutinized.  Replacement ID badges may be issued only upon written request from the Respondent.  Such request must be on Company letterhead, stating the circumstances surrounding the loss, and be signed by an authorized Company representative on file with the Airport Identification Office.  Replacement fees will be assessed to the successful Respondent; replacement fees for lost or stolen badges will be:

      • First replacement $100.00
      • Second replacement $150.00
      • Third replacement* $200.00

      *Requires approval of the Director of Operations and Public Safety

    • Overview

      The Authority operates a Small Business Participation Program (SBPP) to ensure full and fair opportunities in Authority contracting for small businesses. The Authority administers the SBPP program consistent with 49 CFR Part 26 as outlined below and otherwise indicated in the SBPP requirements. Only firms that are certified consistent with 13 CFR Part 121 or reevaluated or certified as Disadvantaged Business Enterprise (DBE)  as required by Interim Final Rule effective October 3, 2025 (“IFR”) for 49 CFR Part 26, may be considered as aeligible Small Business Enterprise (SBE) for the purpose of SBPP requirements.  

      This section, entitled “Small Business Participation Program” is provided to assist Respondents.  The information contained in this section is not intended to supplement or amend any federal regulation. All Respondents are responsible for compliance with all applicable rules and requirements.

    • Surety

      Any bond provided to the Authority in connection with the response or any resulting agreement shall be executed by the Principal and Surety, and duly issued by an insurer or corporate surety which:

      1. Is authorized to conduct insurance business and provide surety bonds in the State of Tennessee; and
      2. Is otherwise in compliance with the provisions of the Tennessee Insurance Code; and
      3. Is authorized by the United States Department of Treasury pursuant to 31 U.S.C. § 9304-9308; and
      4. Has an A- or better rating and a Financial Size Category of “Class VII” or higher according to the most current edition of Best’s Key Rating Guide; and
      5. Notwithstanding the provisions of (d) above, an insurer or corporate surety that is not rated by Best’s Key Rating Guide may be accepted by the Authority following a review or investigation of the insurer's or corporate surety's financial and performance standing, including without limitation, its capital adequacy, assets, earnings, liquidity, and such other factors as the Authority may deem appropriate.
    • SBPP Required Forms

      It is a requirement that all Respondents providing services for the Authority take all reasonable steps to ensure that SBEs, including DBEs reevaluated or certified pursuant to the IFR for 49 CFR Part 26, have a full and fair opportunity to compete for and perform contract work without discrimination based on age, race, sex, color, national origin.  To satisfy this requirement, Respondents will be expected to timely submit documentation as identified below and throughout the contract period if selected and cooperate with the Authority.  Failure to timely submit requested documentation, cooperate with the Authority or answer inquiries truthfully will be considered a material contract breach and may result in termination.

      The following documents must be submitted with your response to this solicitation:

      SBPP Assurance Statement/Letter of Intent 

      The Respondent must submit an Assurance Statement for each SBE, which includes DBEs reevaluated or certified pursuant to the IFR for 49 CFR Part 26 , whose participation the Respondent is counting toward the goal.  This may include first, second, third and so on tier subcontractors, and the Respondent and all subcontractors between the Respondent and the SBE should sign the Assurance Statement.  The Respondent must submit the form provided on Company Letterhead.

      For each Assurance Statement, the Respondent must also provide the written quote or proposal from the SBE or other communication from the SBE upon which the scope of work and dollar value contained in your Assurance Statement is based (“quote/proposal”).

      All portions of the Assurance Statement must be completed (including the description of work, the estimated contract amount, and the estimated dollar value of SBE participation for counting and goal purposes) before the Assurance Statement is signed by either the SBE or the Respondent.  If the SBEs, and if applicable the 2nd/3rd Tier Subcontractor’s, signature(s) can be obtained on the completed Assurance Statement before the bid submission deadline, the Respondent should submit the fully-completed and fully-signed Assurance Statement.  If the Respondent submits an Assurance Statement that is completed except for the SBEs, and if applicable, the 2nd/3rd Tier Subcontractor’s signature(s) and a quote/proposal from the SBE as described above, the Respondent will be given 24 hours from the bid submission deadline to submit the completed Assurance Statement signed by the SBE and, if applicable, the 2nd/3rd Tier Subcontractor.  Each Assurance Statement submitted during this 24-hour window must conform to the previously submitted Assurance Statement except for SBE signature.  These signed Assurance Statements must be submitted pursuant to the same location and time restrictions that applied to the solicitation response.  

      The Authority reserves the right to ask questions of the Respondent, investigate and require additional information as it determines necessary in its sole discretion to ensure that the regulations and the Authority’s rules are followed as it relates to SBE participation.

      Respondent SBE Goals Accomplishment Statement

      The form provided must be submitted on Respondent’s letterhead.

      Small Business Participation Plan (SBPP) Respondent’s List

      The form provided must be completed by Respondent.

    • Disadvantaged Business Enterprise (DBE) Required Forms

      It is a requirement that all Respondents providing services for the Authority take all reasonable steps to ensure that DBEs have a full and fair opportunity to compete for and perform contract work without discrimination based on, race, sex, color, national origin.  To satisfy this requirement, Respondents will be expected to timely submit documentation as identified below and throughout the contract period if selected and cooperate with the Authority.  Failure to timely submit requested documentation, cooperate with the Authority or answer inquiries truthfully will be considered a material contract breach and may result in termination.

      The following documents must be submitted with your response to this solicitation:

      1. The Respondent must submit an Assurance Statement for each DBE whose participation the Respondent is counting toward the goal. This may include first, second, third and so on tier subcontractors, and the Respondent and all subcontractors between the Respondent and the DBE should sign the Assurance Statement. The Respondent must submit the form provided in the DBE Forms section below on Company Letterhead.

        For each Assurance Statement, the Respondent must also provide the written quote or proposal from the DBE or other communication from the DBE upon which the scope of work and dollar value contained in your Assurance Statement is based (“quote/proposal”).

        All portions of the Assurance Statement must be completed (including the description of work, the estimated contract amount, and the estimated dollar value of DBE participation for counting and goal purposes) before the Assurance Statement is signed by either the DBE or the Respondent. If the DBEs, and if applicable to the 2nd/3rd Tier Subcontractor’s, signature(s) can be obtained on the completed Assurance Statement before the bid submission deadline, the Respondent should submit the fully completed and fully signed Assurance Statement. If the Respondent submits an Assurance Statement that is completed except for the DBEs, and if applicable, the 2nd/3rd Tier Subcontractor’s signature(s) and a quote/proposal from the DBE as described above, the Respondent will be given 24 hours from the bid submission deadline to submit the completed Assurance Statement signed by the DBE and, if applicable, the 2nd/3rd Tier Subcontractor. Each Assurance Statement submitted during this 24-hour window must conform to the previously submitted Assurance Statement except for DBE signature. These signed Assurance Statements must be submitted pursuant to the same location and time restrictions that applied to the solicitation response. 

        The Authority reserves the right to ask questions of the Respondent, investigate and require additional information as it determines necessary in its sole discretion to ensure that the regulations and the Authority’s rules are followed as it relates to DBE participation.

      2. Respondent DBE Goals Accomplishment Statement
        The form provided in Tab A-Company Information must be submitted on Respondent’s company letterhead.
      3. Information on All Firms Providing Responses
        The form must be completed by respondent.
      4. Disadvantaged Business Enterprise (DBE) Voluntary Form
        We ask, but do not require, that each Respondent submit the following information with the response to this solicitation:
      5. Voluntary Disclosure of Respondent Data
        If submitted, the form provided in the DBE Forms Section must be completed by respondent.
    • Lobbying and Influencing Federal Employees

      CERTIFICATION REGARDING LOBBYING

      The Respondent or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

        1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Respondent or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 
        2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 
        3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

      This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

    • Business Diversity Development Program (BDDP) Required Forms

      It is a requirement that all Respondents providing services for the Authority take all reasonable steps to ensure that DBEs have a full and fair opportunity to compete for and perform contract work without discrimination based on, race, sex, color, national origin.  To satisfy this requirement, Respondents will be expected to timely submit documentation as identified below and throughout the contract period if selected and cooperate with the Authority.  Failure to timely submit requested documentation, cooperate with the Authority or answer inquiries truthfully will be considered a material contract breach and may result in termination.

      The following documents must be submitted with your response to this solicitation:

      1. The Respondent must submit an Assurance Statement for each DBE whose participation the Respondent is counting toward the goal.  This may include first, second, third and so on tier subcontractors, and the Respondent and all subcontractors between the Respondent and the DBE should sign the Assurance Statement.  The Respondent must submit the form provided in [Section ___] below on Company Letterhead.

        For each Assurance Statement, the Respondent must also provide the written quote or proposal from the DBE or other communication from the DBE upon which the scope of work and dollar value contained in your Assurance Statement is based (“quote/proposal”).

        All portions of the Assurance Statement must be completed (including the description of work, the estimated contract amount, and the estimated dollar value of DBE participation for counting and goal purposes) before the Assurance Statement is signed by either the DBE or the Respondent.  If the DBEs, and if applicable to the 2nd/3rd Tier Subcontractor’s, signature(s) can be obtained on the completed Assurance Statement before the bid submission deadline, the Respondent should submit the fully completed and fully signed Assurance Statement.  If the Respondent submits an Assurance Statement that is completed except for the DBEs, and if applicable, the 2nd/3rd Tier Subcontractor’s signature(s) and a quote/proposal from the DBE as described above, the Respondent will be given 24 hours from the bid submission deadline to submit the completed Assurance Statement signed by the DBE and, if applicable, the 2nd/3rd Tier Subcontractor.  Each Assurance Statement submitted during this 24-hour window must conform to the previously submitted Assurance Statement except for DBE signature.  These signed Assurance Statements must be submitted pursuant to the same location and time restrictions that applied to the solicitation response. 

        The Authority reserves the right to ask questions of the Respondent, investigate and require additional information as it determines necessary in its sole discretion to ensure that the regulations and the Authority’s rules are followed as it relates to DBE participation.

      2. Respondent DBE Goals Accomplishment Statement
        The form provided must be submitted on Respondent’s company letterhead.
      3. Information on All Firms Providing Responses
        The form provided must be completed by respondent.
      4. Disadvantaged Business Enterprise (DBE) Voluntary Form
        We ask, but do not require, that each Respondent submit the following information with the response to this solicitation:
      5. Voluntary Disclosure of Respondent Data
        If submitted, the form provided must be completed by respondent.
    • Proof of Surety

      Any Proposal and/or Performance Bond submitted by Respondent must include an original, certified copy of, or certified electronic copy of the Power of Attorney authorizing the Attorney-in-Fact to execute the Proposal and/or Performance Bond on behalf of the Surety.

    • Security Checkpoint Procedures

      Security Checkpoints are located throughout the MEM terminal building.  These checkpoints prevent access to certain “restricted” areas. Personnel must have the proper photo identification badge, as described in the Security and Access General Requirements section, in order to access areas beyond these checkpoints.

    • Cancellation

      Should the successful Bidder fail to meet the requirements of the Contract after it is executed, the Authority may cancel the Contract at once and award the remainder of the contract term to the next qualified Bidder. If the Contract is cancelled, all materials provided to Contractor shall be returned to the Authority.

    • Response Structure

      It is not the intent of the Authority to restrict response preparation; however, to enable the Authority to evaluate each response in a uniform manner, all Bidders shall structure their response by submitting the response using the forms provided and submitting data as requested in the following sections:

      Bidder Information Form

      Bidders must submit the Bidder Information Form provided.

      Price Schedule

      Using the Price Schedule, Bidder must furnish a bid price for the specified item(s). 

    • Communication with the Authority during this RFB

      The Authority has designated Kenneth Parrish, Director of Procurement, to be responsible for coordinating communications between the Authority and Bidders. Bidders should direct all communications to the Procurement Department via the OpenGov eProcurement Portal at Opengov.com. Bidders are further advised that any communication, either verbally or in writing, direct or indirect, subsequent to the date of issuance of the RFB by a prospective Bidder or any of its owners, officers, employees, or agents, or any individual or entity acting on its behalf, with any member of the Board of Commissioners or any officer or employee of the Authority, except as provided in this section, is strictly prohibited and may be cause for disqualification of the prospective Bidder.  The only exception to this requirement is for communications between prospective Bidders and the Authority’s in-house and outside legal counsel to further client communications on pending matters that are not related to this RFB.  This restriction on communication will govern until the RFB process has been completed and a contract has been fully executed for these services. Please note that the Authority prefers all communication to be in writing.

    • Anticipated Contract Date

      The Authority anticipates to issue a Purchase Order on 07/01/2026.

    • Operations of Others

      During the time that successful Respondent is performing under the Contract, other persons may be engaged in other operations on or about the work site, including facility operations, pedestrian, bus, and vehicular traffic and other contractors performing at the work site, all of which shall remain uninterrupted.

      The successful Respondent shall so plan and conduct its operations to work in harmony with others engaged at the site and not to delay, endanger, or interfere with the operations of others, whether or not specifically mentioned above, and in the best interests of the Authority.  All operations should be conducted in a manner that ensures the safety and well-being of others.

    • Proposal Bond

      Each response must include an original, certified copy of, or certified electronic copy of a Proposal Bond with a valid Power of Attorney, at no cost to the Authority, in the amount of Five Thousand Dollars ($5,000.00), payable to the Memphis-Shelby County Airport Authority. Failure of the successful Respondent to execute the Contract within thirty (30) days after receiving the Contract document and furnish acceptable surety bonds and proof of required insurance prior to the Contract execution shall be just cause for cancellation of the award and forfeiture of the Proposal Bond, not as a penalty, but as liquidation of damages to the Authority.

      Certified or cashier’s checks will NOT be accepted in lieu of a proposal bond. 

      Proposal Bonds provided to the Authority shall be duly issued by an insurer or corporate surety on a bond form provided by the Authority or on a form substantially the same as the Authority’s form, and which obligates the surety for at least one hundred twenty (120) days following the date on which responses are publicly opened; and that is authorized to conduct insurance business in the State of Tennessee.

      Failure to furnish a Proposal Bond with valid Power of Attorney, as specified, will result in rejection of Proposal for non-compliance

    • Addenda

      All updates, addenda and other information, if any, shall be posted to Opengov.com. Bidders are responsible for checking the Opengov up to the time of the RFB submission deadline.

    • Term of Contract

      The initial term of this Contract shall be for a period of one (1) year commencing on the start date of the Contract (Contract Term).  The Authority, in its sole discretion, reserves the option to extend the Contract Term for four (4) additional periods of one (1) year each (Renewal Terms) by giving written notice to the Company at least ninety (90) days before the expiration of the Contract Term or any Renewal Term.  At the sole option of the Authority, the Contract may be extended beyond the four (4) Renewal Terms.  The Contract shall be amended to reflect any negotiated and agreed upon Compensation for any such extension of this Contract. 

    • Small Business Enterprise (SBE) Voluntary Form

      We ask, but do not require, that each Respondent submit the following information with the response to this solicitation:

      Voluntary Disclosure of Respondent Data

      If submitted, the form provided must be completed by respondent.

    • Buy American Preference

      The Respondent certifies that its bid/offer is in compliance with 49 USC § 50101, BABA and other related Made in America Laws,  U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.  The Respondent must complete and submit a certification of compliance with FAA’s Buy American Preference, BABA and Made in America laws included herein with their bid or offer. The Authority will reject as nonresponsive any bid or offer that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

      The Respondent certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

      The Respondent certifies procurement of certain rolling stock using FAA grant funds will prohibit airports from using Federal financial assistance to procure buses or rail car vehicle rolling stock from covered entities. 

    • SBPP Qualifications

      To qualify as an eligible SBE for this solicitation, a firm must meet the following requirements:

      a. A firm (including affiliates) must be an existing small business as defined by Small Business Administration (SBA) regulations, 13 C.F.R. Part 121, for the appropriate type(s) of work that a firm performs and corresponding size standards.

      b. The personal net worth of the qualified owner(s) of the firm must be less than $2.047 million.

      c. Said qualified owner(s) must own 51% of the subject firm.

      d. Said qualified owner(s) must be U.S. citizen or lawfully admitted permanent residency.

      e. The firm must be certified by the Authority for the SBPP program or granted certification reciprocity by the Authority for an acceptable existing certification.

      DBEs reevaluated or certified pursuant to, or in accordance with, the IFR for 49 C.F.R. Part 26 meet the required small business element criteria stated and may qualify for the Authority’s SBPP program.

    • Davis-Bacon Act

      The Respondent acknowledges and understands that the contract resulting from this solicitation shall be subject to the Davis-Bacon Act (40 USC §§ 3141-3144, 3146, and 3147) as outlined in Exhibit D of the Sample Contract, which ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.

    • Convenience Termination of Contract

      The Authority may, at any time upon thirty (30) days written notice to successful Bidder specifying the effective date of termination, terminate the Contract, in whole or in part, when the Authority deems it to be in the Authority’s best interests.

    • Mandatory Pre-Bids Conference

      A mandatory pre-bids conference will be held Tuesday, May 19, 2026, at 1:00 pm at Authority’s Board Room on the Mezzanine Level, Terminal B of the Memphis International Airport, 2491 Winchester Road, Memphis, TN 38116, followed by a site visit.  Only those attending will be allowed to submit responses to this RFB.  All attendees must register at Opengov.com.

    • Definition of Socially and Economically Disadvantaged

      The rules that govern eligibility and certification of DBE are found generally at 49 CFR Part 26.5 and 26.61 through 26.73.  These rules define a DBE as a for-profit, small business concern which is at least fifty-one percent (51%) owned and controlled by one or more socially and economically disadvantaged individuals.  In the case of any publicly owned business, at least fifty-one percent (51%) of the stock must be owned by one or more socially and economically disadvantaged individuals.  In addition, the personal net worth of the socially and economically disadvantaged owners of the small business concern must not exceed two million forty-seven thousand dollars ($2,047,000). 

      As defined by 49 CFR, Part 26.5, a socially and economically disadvantaged individual is any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is:

      (1)          Any individual who a recipient finds to be a socially and economically disadvantaged   individual on a case-by-case basis.

      (2)          Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged:

      1. Black Americans which include persons having origins in any of the Black racial groups of Africa;
      2. Hispanic Americans which include persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
      3. Native Americans which include persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;
      4. Asian-Pacific Americans which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U. S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;
      5. Subcontinent Asian Americans which include persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
      6. Women;
      7. Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective.
    • Performance Bond

      The successful Respondent will be required to furnish an original, certified copy of, or certified electronic copy of a Performance Bond at the time of Contract execution and prior to the start date of the Contract, in an amount equal to contract price, to guarantee the principal’s performance of the Contract. The Performance Bond shall be made payable to the Memphis-Shelby County Airport Authority and shall remain in force for the duration of the Contract. 

    • Definition of Socially and Economically Disadvantaged

      The rules that govern eligibility and certification of DBE are found generally at 49 CFR Part 26.5 and 26.61 through 26.73.  These rules define a DBE as a for-profit, small business concern which is at least fifty-one percent (51%) owned and controlled by one or more socially and economically disadvantaged individuals.  In the case of any publicly owned business, at least fifty-one percent (51%) of the stock must be owned by one or more socially and economically disadvantaged individuals.  In addition, the personal net worth of the socially and economically disadvantaged owners of the small business concern must not exceed two million forty-seven thousand dollars ($2,047,000).

      As defined by 49 CFR, Part 26.5, a socially and economically disadvantaged individual is any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is:

      (1)          Any individual who a recipient finds to be a socially and economically disadvantaged individual on a case-by-case basis.

      (2)          Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged:

      1. Black Americans which include persons having origins in any of the Black racial groups of Africa;
      2. Hispanic Americans which include persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
      3. Native Americans which include persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians;
      4. Asian-Pacific Americans which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U. S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;
      5. Subcontinent Asian Americans which include persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
      6. Women;
      7. Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective.
    • Payment and Billing Requirements
      1. Invoice Submittal

        Invoices for payments related to the services rendered under the Contract shall be presented at the completion of each task as described below.  Payment will be made only for correct invoices presented with a complete itemization of the services rendered.  Incorrect invoices will be returned for correction, unpaid. All invoices must include the contract number and/or the purchase order number.  The successful Bidder must email the invoice to the email address below:

        Finance Department - acctpayable@flymemphis.com

      2. Payment Terms
        The Authority shall use its best efforts to pay invoices within net thirty (30) days from the receipt of a correct invoice.
      3. Taxes
        The Authority is exempt from Local, State, and Federal taxes.  Tax certificates will be issued to the successful Bidder.
    • Pre-Bids Conference

      A pre-bids conference will be held Tuesday, May 19, 2026, at 1:00 pm at Authority’s Board Room on the Mezzanine Level, Terminal B of the Memphis International Airport, 2491 Winchester Road, Memphis, TN 38116, followed by a site visit.    All attendees must register at Opengov.com.

    • Liaison Officer

      For questions or information related to the DBE program, contact ReGina Armstrong, the Senior Manager of Business Diversity Development at (901) 922-0255.

    • Liaison Officer

      For questions or information related to the DBE program, contact ReGina Armstrong, the Senior Manager of Business Opportunity Development at (901) 922-0255.

    • Procurement of Recovered Materials

      The Respondent acknowledges and understands that the contract resulting from this solicitation shall be subject to Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247.  In the performance of the resulting contract and to the extent practicable, the successful Respondent and its subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 as set forth in Exhibit D of the Sample Contract.

    • Contractor’s Responsibility

      The successful Respondent is solely responsible for providing surety bonds in connection with response and its resulting contract. Subcontractors are not required to provide any type of surety bond to the Authority and/or its resulting contract.

    • DBE Certification

      The Authority is a certifying member of the Tennessee Department of Transportation Unified Certification Program (TNUCP). TNUCP is a cooperative of entities that are recipients of federal funds that have developed a “one-stop shop” for certification throughout the State of Tennessee.  The Authority compiles a directory of firms who have met the TNUCP’s selection criteria for eligibility as a DBE, including 49 CFR Part 26. You can view the directory of certified firms at www.flymemphis.com or at www.tdot.tn.gov.   In order to be considered as meeting the DBE goal for this Contract, each business wishing to participate as a DBE or a joint venture DBE, must be certified by a TNUCP certifying member in accordance with 49 CFR Part 26. Out of state firms may be granted reciprocity by a TNUCP certifying member with an existing certification from their home state. Unless a firm is certified by a TNUCP certifying member by the time the responses to this solicitation are due, its participation will not be considered as meeting the DBE goal in the solicitation.  Each business wishing to participate as a DBE or a joint venture DBE must be certified by the time the responses are due.

    • Trade Restriction Certification

      By submission of its response, the Respondent certifies that with respect to this solicitation and any resultant contract, the Respondent –

      1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.);
      2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and 
      3. has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R.

      This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, § 1001.

      The Respondent must provide immediate written notice to the Authority if the Respondent learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances.  The Respondent must require subcontractors provide immediate written notice to the Respondent if at any time it learns that its certification was erroneous by reason of changed circumstances.

      Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR § 30.17, no contract shall be awarded to a Respondent or subcontractor:

      1. who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R; or 
      2. whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list; or 
      3. who incorporates in the public works project any product of a foreign country on such U.S.T.R. list.

      Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision.  The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

      The Respondent agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Respondent has knowledge that the certification is erroneous.

      This certification is a material representation of fact upon which reliance was placed when making an award.  If it is later determined that the Respondent or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Authority’s cancellation of the contract or subcontract for default at no cost to the Authority or the FAA.

    • Questions Regarding RFB

      Questions regarding this RFB must be submitted in written form via Opengov to the Director of Procurement at Opengov.com. Questions will be accepted until 4:30 pm, Wednesday, May 27, 2026.  Answers will be provided by 4:30 pm, Friday, June 5, 2026 .  Answers will only be posted on the OpenGov eProcurement Portal.

    • SBE Liaison Officer

      For questions or information related to the SBPP program, contact ReGina Armstrong, the Senior Manager of Business Opportunity Development at (901) 922-0255.

    • DBE Certification

      The Authority is a certifying member of the Tennessee Department of Transportation Unified Certification Program (TNUCP). TNUCP is a cooperative of entities that are recipients of federal funds that have developed a “one-stop shop” for certification throughout the State of Tennessee.  The Authority compiles a directory of firms who have met the TNUCP’s selection criteria for eligibility as a DBE, including 49 CFR Part 26. You can view the directory of certified firms at www.flymemphis.com or at www.tdot.tn.gov.   In order to be considered as meeting the DBE goal for this Contract, each business wishing to participate as a DBE or a joint venture DBE, must be certified by a TNUCP certifying member in accordance with 49 CFR Part 26. Out of state firms may be granted reciprocity by a TNUCP certifying member with an existing certification from their home state. Unless a firm is certified by a TNUCP certifying member by the time the responses to this solicitation are due, its participation will not be considered as meeting the DBE goal in the solicitation.  Each business wishing to participate as a DBE or a joint venture DBE must be certified by the time the responses are due.

    • SBE Certification

      In order to be considered as meeting the SBE goal for this solicitation, each business wishing to participate as a SBE must be certified by the Authority for participation in the Authority’s SBPP program. The Authority is a certifying member of the Tennessee Department of Transportation Unified Certification Program (TNUCP). Given that DBEs certified or reevaluated pursuant to the IFR for 49 C.F.R. Part 26 satisfy the required small business criteria for the SBPP program, DBEs certified or reevaluated pursuant to the IFR for 49 CFR Part 26 by TNUCP or a TNUCP certifying member do not have to apply for SBE certification with the Authority and qualify to be considered to meet the SBE goal for this Contract.

      The Authority compiles a directory of SBE firms who have met the criteria for SBPP eligibility, which can be searched here: www.memvendor.com.  If you do not see a firms name on this list that you believe to be certified, please contact the Office of Business Opportunity Development by email at certification@flymemphis.com or by phone at 901-922-0255.  

      The Authority may grant certification reciprocity to firms with certifications from a Department of Transportation Unified Certification Program of any other state, SBA 8(a) certifications, or SBE certifications from another state, county, local government, or other agency ONLY IF the personal net worth requirement and SBA size standards have been met. Certifications from self certification programs are not acceptable. A business must apply for certification reciprocity with the Authority for an acceptable existing certification outlined above in order to be considered as meeting the SBE goal in this solicitation. Unless a firm is granted certification reciprocity by the Authority by the time the responses to this solicitation are due, its participation will not be considered as meeting the SBE goal.

      Each business wishing to participate as a SBE must be certified by the time the responses are due. A business is seeking  SBE certification (or certification reciprocity) with the Authority can contact the Office of Business Opportunity Development by email at certifcation@flymemphis.com or by phone at 901-922-0255. The online certification application can be found here: https://mscaa.mwdbe.com/. The certification process may take up to ninety (90) days.

    • Identification of Contract Goal and Requirements

      For this Contract, the DBE goal is established as 0%.  To be responsive, a Respondent must either meet the goal or make good faith efforts to do so.  Good faith efforts are defined in Appendix A to 49 CFR Part 26 and discussed in the following section.

      If a Respondent’s DBE Assurance Statement proposes a DBE percentage less than the established goal, the Respondent must, at the time of making the response, submit appropriate documentation showing good faith efforts to meet the established goal..  The Authority reserves the right to request additional documentation or information from Respondent regarding its DBE Assurance Statement and if applicable, any good faith efforts documentation.  If the Authority enters a contract based on the Respondent’s DBE Goals Accomplishment Statement and documentation, the DBE percentage accepted by the Authority will become a contractual requirement.  If the Respondent’s DBE Assurance Statement proposes to attain a DBE percentage higher than the established goal, the established goal will remain the contractual requirement.

      Respondents shall not contract with, demand, require or coerce a DBE into any agreement or into the signing of any Assurance Statement or any other document which prohibits the DBE from providing subcontracting quotations or doing business with other Respondents.  The DBE shall be free to provide their services to any number of Respondents.  To ensure that all obligations under sub-contracts awarded to a DBE are met, the Authority will review the agreement between the Respondent and DBE, and Respondent’s DBE involvement efforts during the performance of the Contract. 

    • RFB and Response Submissions

      A copy of this RFB will be available on Opengov.

      Bidders shall prepare responses in compliance with all the instructions outlined in this RFB, providing the requested information and returning the completed document to the Authority by the submission deadline.

      If submitting a paper response, it shall be sealed and clearly marked with the Bidder’s name and address and the words "Pedestrian Plaza Canopy Fans" and “RFB Number 26-0016" on the outside of the envelope or container. The Bidder shall allow sufficient time to ensure receipt of the response.  It is the sole responsibility of the Respondent to have the response delivered to the Authority at the address below before the closing hour and date given in this RFB. Alternatively, a Bidder may submit a response electronically through the solicitation on Opengov.

      Bidders should note that FedEx First Overnight® and UPS Next Day Air Early AM® shipments typically arrive before normal Authority business hours of 7:00 AM – 3:30 PM Local Time.  Should you choose to ship by one of these methods, and your shipment arrives before the Authority’s business hours, FedEx or UPS will not deliver the package until the following day.  Any response tendered for delivery to the Authority must be in the Authority’s possession prior to the opening date and time.  Any delivery received after the submission deadline will be accepted and returned to the Respondent unopened.

      All responses must be received at the address below before 2:00 pm local Time on Wednesday, June 17, 2026 via Opengov or at the address listed below for US Postal Service, UPS, FedEx, hand-delivery or courier services:

      Memphis-Shelby County Airport Authority
      Procurement Department - Receiving Dock
      4150 Louis Carruthers Drive
      Memphis, Tennessee 38118
      Attn: Request for Bids, Pedestrian Plaza Canopy Fans
      RFB Number 26-0016

      Responses to all Requests for Bids will be opened and publicly read in person at the Warehouse Conference room located at 4150 Louis Carruthers Drive Memphis, Tennessee 38118, thirty (30) minutes after the response deadline, with a Microsoft Teams option available.

      Microsoft Teams meeting

      Join: https://teams.microsoft.com/meet/24163749674554?p=kqQuql3MoNbUAHaUos

      Meeting ID: 241 637 496 745 54

      Passcode: vw6CQ7rV


      Need help? | System reference

      Dial in by phone

      +1 872-242-8851,,635960825# United States, Chicago

      Find a local number

      Phone conference ID: 635 960 825#

      For organizers: Meeting options | Reset dial-in PIN

      The Authority reserves the right to extend the opening date or time provided no RFB responses have been previously opened. Physical late responses will NOT be considered and will be returned to the Bidder unopened.

    • Identification of Contract Goal and Requirements

      For this Contract, the DBE goal is established as 0%.  To be responsive, a Respondent must either meet the goal or make good faith efforts to do so.  Good faith efforts are defined in Appendix A to 49 CFR Part 26 and discussed in the following section.

      If a Respondent’s BDDP/SBPP Assurance Statement proposes a DBE percentage less than the established goal, the Respondent must, at the time of making the response, submit appropriate documentation showing good faith efforts to meet the established goal.  The Authority reserves the right to request additional documentation or information from Respondent regarding its BDDP/SBPP Assurance Statement and if applicable, any good faith efforts documentation.  If the Authority enters a contract based on the Respondent’s BDDP/SBPP Goals Accomplishment Statement and documentation, the DBE percentage accepted by the Authority will become a contractual requirement.  If the Respondent’s BDDP/SBPP Assurance Statement proposes to attain a DBE percentage higher than the established goal, the established goal will remain the contractual requirement.

      Respondents shall not contract with, demand, require or coerce a DBE into any agreement or into the signing of any Assurance Statement or any other document which prohibits the DBE from providing subcontracting quotations or doing business with other Respondents.  The DBE shall be free to provide their services to any number of Respondents.  To ensure that all obligations under sub-contracts awarded to a DBE are met, the Authority will review the agreement between the Respondent and DBE, and Respondent’s DBE involvement efforts during the performance of the Contract.  

    • Identification of Contract Goal and Requirements

      For this Contract, the SBPP goal is established as 0 .  In order to be responsive, a Respondent must either meet the goal or make good faith efforts to do so.  Good faith efforts are defined in Appendix A to 49 CFR Part 26 and discussed in the following section.

      If a Respondent’s Assurance Statement proposes a SBE percentage less than the established goal, the Respondent must, at the time of making the response, submit appropriate documentation showing good faith efforts to meet the established goal.  The Authority reserves the right to request additional documentation or information from Respondent regarding its Assurance Statement and; if applicable, any good faith efforts documentation. If the Authority enters into a contract based on the Respondent’s Goals Accomplishment Statement and documentation, the SBE percentage accepted by the Authority will become a contractual requirement. If the Respondent’s Assurance Statement proposes to attain a SBE percentage higher than the established goal, the established goal will remain the contractual requirement.

      Respondents shall not contract with, demand, require or coerce a SBE into any agreement or into the signing of any Assurance Statement or any other document which prohibits the SBE from providing subcontracting quotations or doing business with other Respondents. The SBE shall be free to provide their services to any number of Respondents. To ensure that all obligations under sub-contracts awarded to a SBE are met, the Authority will review the agreement between the Respondent and SBE, and Respondent’s SBE involvement efforts during the performance of the Contract.

    • Good Faith Efforts Statement and Requirements

      Respondents must either meet the DBE goal or make good faith efforts to meet the goal.  Respondents who do not meet the goal must establish adequate good faith efforts by submitting documentation along with the Respondent DBE Goals Accomplishment Statement.  This statement should show that they took all necessary and reasonable steps to achieve the DBE goal, which could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful.  The Respondent’s DBE Goals Accomplishment Statement and supporting documents should conform to the good faith requirements outlined in Appendix A of 49 CFR Part 26.

      The following is a list of types of actions that may be part of a Respondent’s efforts to obtain DBE participation and may be included in the Respondent DBE Goals Accomplishment Statement and documentation.  This list is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive.  Other factors or types of efforts may be relevant in appropriate cases:

      1. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified as a DBE who have the capability to perform the work of the Contract.  The Respondent must solicit this interest within sufficient time to allow the DBE to respond to the solicitation and take appropriate steps to follow-up initial solicitations to determine interest.
      2. Selecting portions of the work to be performed by a DBE to increase the likelihood that the goals of the DBE will be achieved.
      3. Providing any interested DBE with adequate information about the plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation.
      4. Negotiating in good faith with any interested DBE.  It is the Respondent’s responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, to facilitate DBE participation.
      5. Not rejecting any DBE as being unqualified without sound reasons based on a thorough investigation of their capabilities.
      6. Making efforts to assist any interested DBE in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.
      7. Making efforts to assist any interested DBE in obtaining necessary equipment, supplies, materials, or related assistance or services.
      8. Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to aid in the recruitment and placement of any DBE.

      For each DBE listed as a regular dealer or distributor the Authority will make a preliminary counting determination to assess the DBE’s eligibility for 60 or 40 percent credit, respectively, of the cost of materials and supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in § 26.55(e)(2)(iv)(A), (B), and (C) and (e)(3) under the contract at issue. The Authority’s preliminary determination shall be made based on the DBE’s written responses to relevant questions and its affirmation that its subsequent performance of a commercially useful function will be consistent with the preliminary counting of such participation. Where the DBE supplier does not affirm that its participation will meet the specific requirements of either a regular dealer or distributor, the Authority is required to make appropriate adjustments in counting such participation toward the respondent’s good faith efforts to meet the contract goal. The respondent is responsible for verifying that the information provided by the DBE supplier is consistent with the counting of such participation toward the contract goal.

      If a Respondent has not met the DBE goal and submits Respondent DBE Goals Accomplishment Statement and documentation, the Respondent should summarize in detail all good faith efforts taken by the Respondent, including, but not limited to, the activities listed above in A through I, and supporting documentation.  While the Respondent should submit documentation to support its good faith efforts at the time of the Response submission, the Authority may ask questions of Respondent or request additional documentation after review of Respondent’s DBE Goals Accomplishment Statement and any documentation.  In submitting the information required under this section, Respondent understands and agrees that the determination of whether Respondent has met the DBE goal or established good faith efforts to meet the goal is a judgment call that the Authority will make.

    • Good Faith Efforts Statement and Requirements

      Respondents must either meet the BDDP goal or make good faith efforts to meet the goal.  Respondents who do not meet the goal must establish adequate good faith efforts by submitting documentation along with the Respondent DBE Goals Accomplishment Statement.  This statement should show that they took all necessary and reasonable steps to achieve the DBE goal, which could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful.  The Respondent’s DBE Goals Accomplishment Statement and supporting documents should conform to the good faith requirements outlined in Appendix A of 49 CFR Part 26.

      The following is a list of types of actions that may be part of a Respondent’s efforts to obtain DBE participation and may be included in the Respondent DBE Goals Accomplishment Statement and documentation.  This list is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive.  Other factors or types of efforts may be relevant in appropriate cases:

      1. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified as a DBE who have the capability to perform the work of the Contract.  The Respondent must solicit this interest within sufficient time to allow the DBE to respond to the solicitation and take appropriate steps to follow-up initial solicitations to determine interest.
      2. Selecting portions of the work to be performed by a DBE to increase the likelihood that the goals of the DBE will be achieved.
      3. Providing any interested DBE with adequate information about the plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation.
      4. Negotiating in good faith with any interested DBE.  It is the Respondent’s responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, to facilitate DBE participation.
      5. Not rejecting any DBE as being unqualified without sound reasons based on a thorough investigation of their capabilities.
      6. Making efforts to assist any interested DBE in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.
      7. Making efforts to assist any interested DBE in obtaining necessary equipment, supplies, materials, or related assistance or services.
      8. Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to aid in the recruitment and placement of any DBE.

      For each DBE listed as a regular dealer or distributor the Authority will make a preliminary counting determination to assess the DBE’s eligibility for 60 or 40 percent credit, respectively, of the cost of materials and supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in § 26.55(e)(2)(iv)(A), (B), and (C) and (e)(3) under the contract at issue. The Authority’s preliminary determination shall be made based on the DBE’s written responses to relevant questions and its affirmation that its subsequent performance of a commercially useful function will be consistent with the preliminary counting of such participation. Where the DBE supplier does not affirm that its participation will meet the specific requirements of either a regular dealer or distributor, the Authority is required to make appropriate adjustments in counting such participation toward the bidder’s good faith efforts to meet the contract goal. The bidder is responsible for verifying that the information provided by the DBE supplier is consistent with the counting of such participation toward the contract goal.

      If a Respondent has not met the DBE goal and submits Respondent DBE Goals Accomplishment Statement and documentation, the Respondent should summarize in detail all good faith efforts taken by the Respondent, including, but not limited to, the activities listed above in A through I, and supporting documentation.  While the Respondent should submit documentation to support its good faith efforts at the time of the Response submission, the Authority may ask questions of Respondent or request additional documentation after review of Respondent’s DBE Goals Accomplishment Statement and any documentation.  In submitting the information required under this section, Respondent understands and agrees that the determination of whether Respondent has met the DBE goal or established good faith efforts to meet the goal is a judgment call that the Authority will make.

    • Rejection of Responses / Cancellation of RFB

      The Authority reserves the right to reject any or all responses to this RFB, including but not limited to, any response that contains exceptions to the minimum requirements and/or specifications or fails to meet the minimum requirements and/or specifications in whole or in part.  Responses containing terms and conditions other than those specified herein may be considered nonresponsive.  Partial or incomplete responses may be rejected.  The Authority reserves the right to reject responses or penalize Bidders who do not follow the requirements of the RFB and, likewise, to waive any informalities, technicalities, or omissions therein.  Physical responses having any erasures or corrections shall be initialed in ink by the Bidder.  Unsigned responses will be considered nonresponsive. 

      The Authority also reserves the right to reject any response when a parent, subsidiary, affiliate, or predecessor in interest of the Bidder has pending litigation or claims with the Authority, or if any response includes a proposed subcontractor or supplier that has pending litigation or claims with the Authority, if the Authority determines, in its sole discretion, such litigation or claims may adversely affect the ability of the parties to work efficiently and effectively under any contract resulting from this RFB, or for any other reason as determined by the Authority.  The Authority further reserves the right to cancel this RFB process at any time.

    • Administrative Reconsideration

      Within 5 business days of being informed by the Authority that it is not responsive because it has not documented sufficient good faith efforts, a Respondent may request administrative reconsideration. Respondent should make this request in writing to the following reconsideration official: Terry Blue, President and CEO, Memphis Shelby County Airport Authority, 2491 Winchester Road, Suite 113, Memphis, Tennessee 38116, (901) 922-8000, tblue@flymemphis.com. The reconsideration official will not have played any role in the original determination that the Respondent did not document sufficient good faith efforts.

      As part of this reconsideration, the Respondent will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The respondent will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Authority will send the Respondent a written decision on reconsideration, explaining the basis for finding that the Respondent did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation.

    • Administrative Reconsideration

      Within 5 business days of being informed by the Authority that it is not responsive because it has not documented sufficient good faith efforts, a Respondent may request administrative reconsideration. Respondent should make this request in writing to the following reconsideration official: Terry Blue, President and CEO, Memphis Shelby County Airport Authority, 2491 Winchester Road, Suite 113, Memphis, Tennessee 38116, (901) 922-8000, tblue@flymemphis.com. The reconsideration official will not have played any role in the original determination that the Respondent did not document sufficient good faith efforts.

      As part of this reconsideration, the Respondent will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Authority will send the Respondent a written decision on reconsideration, explaining the basis for finding that the Respondent did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation.

    • RFB to Bind Bidder

      The response must contain the signature of a duly authorized officer of the Bidder with the legal right to bind the Bidder within the Respondent Response Form.  All submitted responses shall be binding for a period of one hundred twenty (120) days from the response submission deadline.  Further, the successful Bidder will be bound by the Bid prices and terms quoted pursuant to the Contract (Contract) between the successful Bidder and the Authority, in excess of one hundred twenty (120) days.

    • Good Faith Efforts Statement and Requirements

      Respondents must either meet the SBPP goal or make good faith efforts to meet the goal.  Respondents who do not meet the goal must establish adequate good faith efforts by submitting documentation along with the Respondent’s Goals Accomplishment Statement.  This statement should show that they took all necessary and reasonable steps to achieve the SBE goal, which could reasonably be expected to obtain sufficient SBE participation, even if they were not fully successful.  The Respondent’s Goals Accomplishment Statement and supporting documents should conform to the good faith requirements outlined in Appendix A of 49 CFR Part 26.

      The following is a list of types of actions that may be part of a Respondent’s efforts to obtain SBE participation and may be included in the Respondent’s Goals Accomplishment Statement and documentation.  This list is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive.  Other factors or types of efforts may be relevant in appropriate cases:

      a.            Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified as a SBE who have the capability to perform the work of the Contract. The Respondent must solicit this interest within sufficient time to allow the SBE to respond to the solicitation and take appropriate steps to follow-up on initial solicitations to determine interest.

      b.            Selecting portions of the work to be performed by a SBE to increase the likelihood that the goals of the SBE will be achieved.

      c.            Providing any interested SBE with adequate information about the plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation.

      d.            Negotiating in good faith with any interested SBE. It is the Respondent’s responsibility to make a portion of the work available to SBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available SBE subcontractors and suppliers, to facilitate SBE participation.

      e.            Not rejecting any SBE as being unqualified without sound reasons based on a thorough investigation of their capabilities.

      f.            Making efforts to assist any interested SBE in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.

      g.            Making efforts to assist any interested SBE in obtaining necessary equipment, supplies, materials, or related assistance or services.

      h.            Effectively using the services of available small business organizations and groups; local, state, and Federal small business assistance offices; and other organizations as allowed on a case-by-case basis to aid in the recruitment and placement of any SBE.

      For each SBE listed as a regular dealer or distributor the Authority will make a preliminary counting determination to assess the SBE’s eligibility for 60 or 40 percent credit, respectively, of the cost of materials and supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in § 26.55(e)(2)(iv)(A), (B), and (C) and (e)(3) under the contract at issue. The Authority’s preliminary determination shall be made based on the SBE’s written responses to relevant questions and its affirmation that its subsequent performance of a commercially useful function will be consistent with the preliminary counting of such participation. Where the SBE supplier does not affirm that its participation will meet the specific requirements of either a regular dealer or distributor, the Authority is required to make appropriate adjustments in counting such participation toward the bidder’s good faith efforts to meet the contract goal. The bidder is responsible for verifying that the information provided by the SBE supplier is consistent with the counting of such participation toward the contract goal.  

      If a Respondent has not met the SBE goal and submits Respondent’s Goals Accomplishment Statement and documentation, the Respondent should summarize in detail all good faith efforts taken by the Respondent, including, but not limited to, the activities listed above in A through I, and supporting documentation.  While the Respondent should submit documentation to support its good faith efforts at the time of the Response submission, the Authority may ask questions of Respondent or request additional documentation after review of Respondent’s Goals Accomplishment Statement and any documentation. In submitting the information required under this section, Respondent understands and agrees that the determination of whether Respondent has met the SBE goal or established good faith efforts to meet the goal is a judgment call that the Authority will make.

    • Counting DBE Participation

      DBE participation shall be counted toward meeting the DBE goal as outlined in 49 CFR Part 26, specifically 26.55.  When the Respondent completes an Assurance Statement, the Respondent must include not only the total value of the work to be performed and/or the materials to be supplied by the DBE but also the total amount of DBE participation that should be counted toward meeting the goal.  If you have any questions about counting, we strongly urge you to consult 49 CFR Part 26.  The following may be helpful to you in counting DBE participation and in determining which sections of Part 26.55 you need to review in more detail:

      1. When a DBE participates in a contract, you count only the value of the work actually performed by the DBE toward DBE goals.
        1. Count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a)(2) of this section) that is performed by the DBE's own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate).
        2. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services.
        3. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. a. When a DBE participates in a contract, you count only the value of the work actually performed by the DBE toward DBE goals.
        4. Count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a)(2) of this section) that is performed by the DBE's own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate).
        5. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services.
        6. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.
      2. When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces toward DBE goals.
      3. Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. For the definition and explanation of a commercially useful function see 49 CFR Part 26.55(c).
      4. To determine whether a DBE trucking company is performing a commercially useful function see 49 CFR Part 26.55(d).
      5. Count expenditures with DBEs for materials or supplies toward DBE goals as provided in 49 CFR Part 26.55(e). Please note that materials or supplies obtained from a DBE manufacturer are counted differently toward DBE goals than a DBE regular dealer. It is imperative that the bidder consult federal regulations for counting differences.
      6. If a firm is not currently certified as a DBE in accordance with the standards of 49 CFR Part 26 Subpart D at the time of the execution of the contract, do not count the firm's participation toward any DBE goals, except as provided for in § 26.87(i)).
      7. Do not count the dollar value of work performed under a contract with a firm after it   has ceased to be certified toward your overall goal.
      8. Do not count the participation of a DBE subcontractor toward a contractor's final compliance with its DBE obligations on a contract until the amount being counted has actually been paid to the DBE.
    • Administrative Reconsideration

      Within five (5) business days of being informed by the Authority that it is not responsive because it has not documented sufficient good faith efforts, a Respondent may request administrative reconsideration. Respondent should make this request in writing to the following reconsideration official: Terry Blue, President and CEO, Memphis Shelby County Airport Authority, 2491 Winchester Road, Suite 113, Memphis, Tennessee 38116, (901) 922-8000, tblue@flymemphis.com. The reconsideration official will not have played any role in the original determination that the Respondent did not document sufficient good faith efforts.

      As part of this reconsideration, the Respondent will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The Authority will send the Respondent a written decision on reconsideration, explaining the basis for finding that the Respondent did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation.

    • Counting DBE Participation

      DBE participation shall be counted toward meeting the DBE goal as outlined in 49 CFR Part 26, specifically 26.55.  When the Respondent completes an Assurance Statement, the Respondent must include not only the total value of the work to be performed and/or the materials to be supplied by the DBE but also the total amount of DBE participation that should be counted toward meeting the goal.  If you have any questions about counting, we strongly urge you to consult 49 CFR Part 26.  The following may be helpful to you in counting DBE participation and in determining which sections of Part 26.55 you need to review in more detail:

      1. When a DBE participates in a contract, you count only the value of the work actually performed by the DBE toward DBE goals.
        1. Count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a)(2) of this section) that is performed by the DBE's own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate).
        2. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services.
        3. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. a. When a DBE participates in a contract, you count only the value of the work actually performed by the DBE toward DBE goals.
        4. Count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a)(2) of this section) that is performed by the DBE's own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate).
        5. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services.
        6. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.
      2. When a DBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces toward DBE goals.
      3. Count expenditures to a DBE contractor toward DBE goals only if the DBE is performing a commercially useful function on that contract. For the definition and explanation of a commercially useful function see 49 CFR Part 26.55(c).
      4. To determine whether a DBE trucking company is performing a commercially useful function see 49 CFR Part 26.55(d).
      5. Count expenditures with DBEs for materials or supplies toward DBE goals as provided in 49 CFR Part 26.55(e). Please note that materials or supplies obtained from a DBE manufacturer are counted differently toward DBE goals than a DBE regular dealer. It is imperative that the bidder consult federal regulations for counting differences.
      6. If a firm is not currently certified as a DBE in accordance with the standards of 49 CFR Part 26 Subpart D at the time of the execution of the contract, do not count the firm's participation toward any DBE goals, except as provided for in § 26.87(i)).
      7. Do not count the dollar value of work performed under a contract with a firm after it has ceased to be certified toward your overall goal.
      8. Do not count the participation of a DBE subcontractor toward a contractor's final compliance with its DBE obligations on a contract until the amount being counted has actually been paid to the DBE.
    • Response Modification or Withdrawal

      Responses may be modified or withdrawn in writing prior to the deadline for RFB submission.  After the submission deadline, no modifications will be accepted, and responses may only be withdrawn with the Authority’s consent.

    • Response Costs

      All costs incurred in preparing the response to this RFB, participating in this process and negotiating with the Authority, whether or not a contract is awarded, shall be solely the responsibility of the Bidder.  All materials and documents submitted by Bidders in response to this RFB become the property of the Authority and shall not be returned to the Bidders.

    • Counting SBE Participation

      SBE participation shall be counted toward meeting the SBPP goal consistent with the regulations outlined in 49 CFR Part 26, specifically 26.55.  When the Respondent completes an Assurance Statement, the Respondent must include not only the total value of the work to be performed and/or the materials to be supplied by the SBE but also the total amount of SBE participation that should be counted toward meeting the goal.  If you have any questions about counting, we strongly urge you to consult 49 CFR Part 26.  The following may be helpful to you in counting SBE participation and in determining which sections of Part 26.55 you need to review in more detail:

      a.            When a SBE participates in a contract, you count only the value of the work actually performed by the SBE toward SBE goals. 

      1) Count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a)(2) of this section) that is performed by the SBE's own forces. Include the cost of supplies and materials obtained by the SBE for the work of the contract, including supplies purchased or equipment leased by the SBE (except supplies and equipment the SBE subcontractor purchases or leases from the prime contractor or its affiliate). 

      2) Count the entire amount of fees or commissions charged by a SBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT-assisted contract, toward SBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. 

      3) When a SBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward SBE goals only if the SBE's subcontractor is itself a SBE. Work that a SBE subcontracts to a non-SBE firm does not count toward SBE goals. a. When a SBE participates in a contract, you count only the value of the work actually performed by the SBE toward SBE goals. 

      4) Count the entire amount of that portion of a construction contract (or other contract not covered by paragraph (a)(2) of this section) that is performed by the SBE's own forces. Include the cost of supplies and materials obtained by the SBE for the work of the contract, including supplies purchased or equipment leased by the SBE (except supplies and equipment the SBE subcontractor purchases or leases from the prime contractor or its affiliate). 

      5) Count the entire amount of fees or commissions charged by a SBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of the contract, toward SBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. 

      6) When a SBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward SBE goals only if the SBE's subcontractor is itself a SBE. Work that a SBE subcontracts to a non-SBE firm does not count toward SBE goals. 

      b.            When a SBE performs as a participant in a joint venture, count a portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work of the contract that the SBE performs with its own forces toward SBE goals. 

      c.            Count expenditures to a SBE contractor toward SBE goals only if the SBE is performing a commercially useful function on that contract. For the definition and explanation of a commercially useful function, see 49 CFR Part 26.55(c). 

      d.            To determine whether a SBE trucking company is performing a commercially useful function see 49 CFR Part 26.55(d). 

      e.            Count expenditures with SBEs for materials or supplies toward SBE goals as provided in 49 CFR Part 26.55(e). Please note that materials or supplies obtained from a SBE manufacturer are counted differently toward SBE goals than a DBE regular dealer. It is imperative that the bidder consult federal regulations for counting differences. 

      f.            If a firm is not currently certified as a SBE in accordance with the standards of 49 CFR Part 26 Subpart D at the time of the execution of the contract, do not count the firm's participation toward any SBE goals, except as provided for in § 26.87(i)). 

      g.            Do not count the dollar value of work performed under a contract with a firm after it   has ceased to be certified toward your overall goal.

      h.            Do not count the participation of a SBE subcontractor toward a contractor's final compliance with its SBE obligations on a contract until the amount being counted has actually been paid to the SBE. 

    • Sanctions for Non-Compliance

      In case of the Respondent’s non-compliance with DBE requirements as applicable, including, but not limited to, documentation, cooperation, and truthfulness, the Authority shall impose such Contract sanctions as it may determine to be appropriate.  This may include but is not limited to:

      1. Withholding of payments to the Respondent under the Contract until the Respondent complies; and/or
      2. Cancellation, termination, or suspension of the Contract, in whole or in part; and/or
      3. Assessing sanctions; and/or
      4. Payment by the Respondent to the Authority of an amount equal to the difference in the DBE dollar value contracted for and the dollar value achieved in documented DBE participation, which dollar value shall be considered liquidated damages if the Authority determines that Respondent failed to make good faith efforts in meeting the Contract’s DBE goal.
    • Sanctions for Non-Compliance

      In case of the Respondent’s non-compliance with DBE requirements as applicable, including, but not limited to, documentation, cooperation, and truthfulness, the Authority shall impose such Contract sanctions as it may determine to be appropriate.  This may include but is not limited to:

      1. Withholding of payments to the Respondent under the Contract until the Respondent complies; and/or
      2. Cancellation, termination, or suspension of the Contract, in whole or in part; and/or
      3. Assessing sanctions; and/or
      4. Payment by the Respondent to the Authority of an amount equal to the difference in the DBE dollar value contracted for and the dollar value achieved in documented DBE participation, which dollar value shall be considered liquidated damages if the Authority determines that Respondent failed to make good faith efforts in meeting the Contract’s DBE goal.
    • Contract Assurance (49 CFR Part 26.13)

      The successful Respondent, any successful subrecipient or successful subcontractor shall not discriminate based on race, color, national origin, or sex in the performance of this prime contract. The successful Respondent shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the successful Respondent to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

      1. Withholding monthly progress payments;
      2. Assessing sanctions;
      3. Liquidated damages; and/or
      4. Disqualifying the Contractor from future bidding as non-responsible.
    • Contract Assurance (49 CFR Part 26.13)

      The successful Respondent, any successful subrecipient or successful subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this prime contract. The successful Respondent shall carry out BDDP requirements and applicable requirements of 49 CFR part 26 in the award and administration of Authority contracts. Failure by the successful Respondent to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

      1. Withholding monthly progress payments;
      2. Assessing sanctions;
      3. Liquidated damages; and/or
      4. Disqualifying the Contractor from future bidding as non-responsible.
    • Sanctions for Non-Compliance

      In case of the Respondent’s non-compliance with SBE requirements as applicable, including, but not limited to, documentation, cooperation, and truthfulness, the Authority shall impose such Contract sanctions as it may determine to be appropriate.  This may include but is not limited to:

      a.            Withholding of payments to the Respondent under the Contract until the Respondent complies; and/or

      b.            Cancellation, termination, or suspension of the Contract, in whole or in part; and/or

      c.             Assessing sanctions; and/or

      d.            Payment by the Respondent to the Authority of an amount equal to the difference in the SBE dollar value contracted for and the dollar value achieved in documented DBE participation, which dollar value shall be considered liquidated damages if the Authority determines that Respondent failed to make good faith efforts in meeting the Contract’s SBPP goal. 

    • Protest

      Any protest must be filed in writing and received by the Authority within seven (7) calendar days of the date of the occurrence of the event that is the subject of the protest, e.g., the opening of responses, the award, or a determination that a bidder is not responsible or that a response is not responsive. 

      Any protest must be delivered to the Authority during the business hours of 7:00 AM – 3:30 PM Local Time in order to be deemed to be received by the Authority as required under this section.  A protest must be submitted in hard copy and addressed as follows: 

      Memphis-Shelby County Airport Authority
      Attention: Director of Procurement
      4150 Louis Carruthers Drive
      Memphis, Tennessee 38118

      Any protest sent by telegraphic or facsimile transmission or by email or other electronic means will not meet the filing requirements set forth herein and will not be deemed to be received by the Authority.  

      No objections with regard to the application, meaning, or interpretation of the specifications contained herein will be considered after the opening of the subject RFB.

    • Contract Assurance

      The successful Respondent, any successful subrecipient or successful subcontractor shall not discriminate based on race, color, national origin, or sex in the performance of this prime contract. The successful Respondent shall carry out SBPP requirements in the award and administration of Authority contracts. Failure by the successful Respondent to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

      a.            Withholding monthly progress payments;

      b.            Assessing sanctions;

      c.             Liquidated damages; and/or

      d.            Disqualifying the Contractor from future bidding as non-responsible.

    • Prompt Payment / Retainage

      The successful Respondent agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fifteen (15) days from the receipt of each payment the successful Respondent receives from MSCAA. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the MSCAA. When MSCAA has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the MSCAA. This clause applies to both DBE and non-DBE subcontractors.

      Retainage will not be withheld on this project. No retainage will be withheld by MSCAA from progress payments due the successful Respondent. Retainage by the successful Respondent or subcontractors is prohibited, and no retainage will be held by the successful Respondent from progress payments due to subcontractors.

    • Prompt Payment / Retainage

      The successful Respondent agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fifteen (15) days from the receipt of each payment the successful Respondent receives from MSCAA. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the MSCAA. When MSCAA has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the MSCAA. This clause applies to both DBE and non-DBE subcontractors.

      Retainage will not be withheld on this project. No retainage will be withheld by MSCAA from progress payments due the successful Respondent. Retainage by the successful Respondent or subcontractors is prohibited, and no retainage will be held by the successful Respondent from progress payments due to subcontractors.

    • Prompt Payment/Retainage

      The successful Respondent agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fifteen (15) days from the receipt of each payment the successful Respondent receives from MSCAA. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the MSCAA. When MSCAA has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the MSCAA. This clause applies to both SBE and non-SBE subcontractors.

      Retainage will not be withheld on this project. No retainage will be withheld by MSCAA from progress payments due to the successful Respondent. Retainage by the successful Respondent or subcontractors is prohibited, and no retainage will be held by the successful Respondent from progress payments due to subcontractors.

    • Termination of DBE Subcontracts

      The successful Respondent must not terminate a DBE subcontractor listed in response to this solicitation (or an approved substitute DBE firm) without prior written consent of Authority. This includes, but is not limited to, instances in which the successful Respondent seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.

      The successful Respondent shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains prior written consent as provided in 49 CFR §26.53(f).  Unless prior written consent is provided pursuant to 49 CFR §26.53(f),, the successful Respondent shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

      The Authority may provide such written consent only if the Authority agrees, for reasons stated in the concurrence document, that the successful Respondent has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.

      Before transmitting to the Authority its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Authority, of its intent to request to terminate and/or substitute, and the reason for the request.

      The successful Respondent must give the DBE five days to respond to the successful Respondent’s notice.  In response, the DBE must advise the Authority and the successful Respondent of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), Owner may provide a response period shorter than five days.

      In addition to post-award terminations, the provisions of this section apply to reward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.

    • Termination of DBE Subcontracts

      The successful Respondent must not terminate a DBE subcontractor listed in response to this solicitation (or an approved substitute DBE firm) without prior written consent of Authority. This includes, but is not limited to, instances in which the successful Respondent seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.

      The successful Respondent shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains prior written consent as provided in 49 CFR §26.53(f).  Unless prior written consent is provided pursuant to 49 CFR §26.53(f),, the successful Respondent shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

      The Authority may provide such written consent only if the Authority agrees, for reasons stated in the concurrence document, that the successful Respondent has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.

      Before transmitting to the Authority its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to the Authority, of its intent to request to terminate and/or substitute, and the reason for the request.

      The successful Respondent must give the DBE five days to respond to the successful Respondent’s notice.  In response, the DBE must advise the Authority and the successful Respondent of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), Owner may provide a response period shorter than five days.

      In addition to post-award terminations, the provisions of this section apply to reward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.

    • Termination of SBE Subcontracts

      The successful Respondent must not terminate a SBE subcontractor listed in response to this solicitation (or an approved substitute SBE firm) without prior written consent of Authority. This includes, but is not limited to, instances in which the successful Respondent seeks to perform work originally designated for a SBE subcontractor with its own forces or those of an affiliate, a non-SBE firm, or with another SBE firm.

      The successful Respondent shall utilize the specific SBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains prior written consent as provided in 49 CFR §26.53(f).  Unless prior written consent is provided pursuant to 49 CFR §26.53(f), the successful Respondent shall not be entitled to any payment for work or material unless it is performed or supplied by the listed SBE.

      The Authority may provide such written consent only if the Authority agrees, for reasons stated in the concurrence document, that the successful Respondent has good cause to terminate the SBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.

      Before transmitting to the Authority its request to terminate and/or substitute a SBE subcontractor, the prime contractor must give notice in writing to the SBE subcontractor, with a copy to the Authority, of its intent to request to terminate and/or substitute, and the reason for the request.

      The successful Respondent must give the SBE five days to respond to the successful Respondent’s notice.  In response, the SBE must advise the Authority and the successful Respondent of the reasons, if any, why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), Owner may provide a response period shorter than five days.

      In addition to post-award terminations, the provisions of this section apply to reward deletions of or substitutions for SBE firms put forward by offerors in negotiated procurements. The forms provided must be completed by the Respondent.

    • BDDP Requirements

      The Respondent shall carry out the BDDP requirements, including applicable requirements of 49 CFR Part 26 in the award and administration of Authority contracts.  Respondent agrees to provide all its subcontractors and suppliers and to require all its subcontractors and suppliers on this project to provide a complete copy of the Business Diversity Development Program (BDDP) Requirements of the Contract to all those who provide supplies or work related to the Contract and to require all those providing supplies or work to be bound by these requirements as it relates to their work related to the Contract.

    • BDDP Requirements

      The Respondent shall carry out the BDDP requirements, including applicable requirements of 49 CFR Part 26 in the award and administration of Authority contracts.  Respondent agrees to provide all its subcontractors and suppliers and to require all its subcontractors and suppliers on this project to provide a complete copy of the Business Diversity Development Program (BDDP) Requirements of the Contract to all those who provide supplies or work related to the Contract and to require all those providing supplies or work to be bound by these requirements as it relates to their work related to the Contract.

    • SBPP Requirements

      The Respondent shall carry out the SBPP requirements, including applicable requirements of 49 CFR Part 26, in the award and administration of Authority contracts. Respondent agrees to provide all its subcontractors and suppliers and to require all its subcontractors and suppliers on this project to provide a complete copy of the Small Business Participation Plan (SBPP) Requirements of the Contract to all those who provide supplies or work related to the Contract and to require all those providing supplies or work to be bound by these requirements as it relates to their work related to the Contract.

    Submission Requirements

    • Bidder Information Form (required)

      Please download the below documents, complete, and upload.

    • Product data and spec sheet(s) (required)

      Please provide product data and spec sheets.

    • Warranty Information (required)

      Please provide warranty information. 

    • Bid Envelope Form (required)

      Please download the below documents, complete, and upload.

    • Exception to Specifications (required)

      Please download the below document, complete, and upload if you are submitting exceptions to specifications.

    • SBE Assurance Statement/Letter of Intent (required)

      Please download the below documents, complete, and upload.

    • Respondent SBE Form (required)

      Please download the below documents, complete, and upload.

    • SBE Bidder's List (required)

      Please download the below documents, complete, and upload.

    • SBE Regulations Requirements Form

      Please download the below documents, complete, and upload.

    • Proposal Bond (required)

      Please download the below documents, complete, and upload.

    • Small Business Participation Program (SBPP) (required)
    • Disadvantaged Business Enterprise (DBE)? (required)
    • Is this a Federal DBE project? (required)
    • Does this solicitation have a Development project number? (required)
    • Will there be a Pre-Bid Conference? (required)
    • Is attendance mandatory for the pre-bid meeting? (required)
    • Will the solicitation be resulting in (select one) (required)

      Verify if using a contract

    • Is this project AIP funded? (required)
    • Are Bonds applicable for this project? (required)
    • What type of bond is required? (required)
    • Does this project allow Exceptions to the Specifications? (required)
    • Commencement date of the contract for this project (required)
    • Is this an FAA-Funded Project? (required)
    • Additional FAA Required Certifications/Provisions (required)
    • Is this a badged project? (required)
    • What is the DBE Goal %? (required)

    Key dates

    1. May 5, 2026Published
    2. June 17, 2026Responses Due

    AI classification tags

    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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