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. e KUSHNER 

### & SANDERS ATIORNEYS AT LAW A Partnership of Professional Corporations Wellesley Office Park ; •

55 William Street , Wellesley, **Massach~:~s'etts** 02181 (617 ) 431-1400 Fax (617) 431 -7178 Marvin W. K ushner, P.C. Lloyd A. Sanders, P.C. OfCo unsel : john M. Babingto n Sara Flesc hner jonathan ). Margoli s john S. McNicholas jeffrey Gerson Marjorie Zaltas john M. Updegrap h



### Mr. Lawrenc e Egan, Chairman Norwood Airport Commission Norwood Town Hall P.O. Box 40 

### Norwood, MA 02062-0040 

### RE: Commercial Aeronautical Operations Permit Application submitted by Norwood Air. D

ear Chairman Egan: July 28, 1994

This office represents Eastern Air Center, Inc., ( 11 

### EAC 11 ), 

### of w

hich Eastern Air Charter is a division. As you are aware, EAC currently serves Norwood Airport as a full-service fixed base operator ( 11 

### FB0 11 ). 

### In 1988, your Commission in conjunction with its agent, Boston Metropolitan Airport, Inc., (nBMAn) awarded this posii..:ion to EAC after issuiny a comprehensive Request For Proposals ( 11 

### RFP 11 ) 

### and conducting an extensive evaluation of the responses submitted thereto. The expressed purpose of BMA's 1988 RFP was to find a competent, qualified, and financially stable FBO for the Norwood Airport. Through the RFP, BMA sought to evaluate applicants ba se d on specific criteria including sensitivity to community n ee ds , experience with similar business enterprises, overall business strength, and quality of the business plan. Applicants w

ere required to submit evidence of financial status such as a balance sheet, resumes of management personnel, and business refere n c es. An operating plan, site development plan, security p l a n, three year business plan, and a growth plan were required

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• as well. The introduction to the RFP
**d~scribed** these criteria as the " minimum information to be s.ubmitte,d 'by candidates intereste d in becomi ng a full-service FBO." ·''Finally, the RFP' s stated goal was to foster responsible competition among applicants through the submission of proposals, creating in effect a fair bidding process . On July 5 , 1994, Norwood Air submitted to y0ur Commission a Commercial Aeronautical Operations Permit Application, in which it seeks permits to provide at least thirteen (13) different services at Norwood Airport. This application requests a permit for three out of the four permit categories. Therefore, Norwood Air has made application to provide all of the services that a full - service FBO is entitled to provide with the exception of fuel storage and dispensing, aircraft and avionics maintenance, and line

**se~viceu.** Apprcving Norwood Air's permits would bP tantamount to awarding full-service FBO status to an applicant that did not submit to the rigors of the bidding process required of EAC and other full-service FBO applicants. Massachusetts law prohibits arbitrary treatment in awarding permits or leases, and requires that fair bidding procedures, such as those instituted during the 1988 RFP process, be maintaine d and applied in a non-discriminatory fashion. See ,

**~~~** M. G . L.A. c.90, Sees. 51A-51N, and related cases. In our opinion it would be unfair and arbitrary to approve permits for Norwood Air that relate to such a wide array of services, making Norwood Air in essence a full-service FBO. Setting a reasonable limit on the number of services a non full - service FBO can provide would protect against such unfairness and would reduce the likelihood of arbitrary permit decisions. Moreove r, it is EAC's position that the needs of Norwood Airport simply do not warrant the creation of another full-service FBO. Ve ry truly yours, 

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**~n** M. Updegraph
cc : Mr . Lawrence Egan , Chairman Mr . Joseph Barca Mr . Edward Morse

**~r.** Edwin Page c/ Mr. Thomas Judge Mr . Allen L. Bishop