RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 0

December 8, 2011

REQUEST FOR PROPOSAL

RP039-11

The Gwinnett County Board of Commissioners is soliciting competitive sealed bids from qualified airport 

management and development firms or consortia for A Public-Private Partnership for the Lease, Operation 

and Improvement of Gwinnett County Airport-Briscoe Field for the Department of Transportation.

Proposals must be returned in a sealed container marked on the outside with the Request for Proposal number 

and Company Name. Proposals will be received until 2:50 P.M. local time on February 8, 2012 at the Gwinnett 

County Financial Services - Purchasing Division – 2nd Floor, 75 Langley Drive, Lawrenceville, Georgia 30046. 

Any proposal received after this date and time will not be accepted. Proposals will be publicly opened and only 

names of submitting firms will be read at 3:00 P.M. A list of firms submitting proposals will be available the 

following business day on our website www.gwinnettcounty.com.

A pre-proposal conference is scheduled for 2:00 p.m. on January 5, 2012 at the Gwinnett County Airport –

Briscoe Field, 600 Briscoe Blvd., Lawrenceville, GA 30046. All interested firms or consortia are urged to attend. 

Questions regarding proposals should be directed to Shelley McWhorter, Purchasing Associate III at 

shelley.mcwhorter@gwinnettcounty.com or by calling 770-822-8734, no later than January 9, 2012. Proposals 

are legal and binding upon the bidder when submitted. One (1) single-sided unbound original, eight (8) doublesided copies should be submitted and one (1) CD/DVD.

Gwinnett County is dedicated to promoting the local economy and contributing to the success of our businesses 

and citizens. We are interested in doing business with vendors that have a positive local impact and support 

this mission. As outlined in the Proposal Submission Instructions, vendors should submit a one-page 

informational narrative describing their firms’ contributions to the local economy. 

Successful firm or consortia will be required to meet insurance requirements. The Insurance Company should 

be authorized to do business in Georgia by the Georgia Insurance Department, and must have an A.M. Best 

rating of A-6 or higher.

Gwinnett County does not discriminate on the basis of disability in the admission or access to its programs or 

activities. Any requests for reasonable accommodations required by individuals to fully participate in any open 

meeting, program or activity of Gwinnett County Government should be directed to Michael Plonowski, Gwinnett 

County Justice and Administration Center, 770-822-8015. 

The written proposal documents supersede any verbal or written prior communications between the parties.

Selection criteria are outlined in the request for proposal documents. Gwinnett County reserves the right to 

reject any or all proposals to waive technicalities and to make an award deemed in its best interest. 

All companies submitting a proposal will be notified in writing of award. 

We look forward to your proposal and appreciate your interest in Gwinnett County.

Shelley McWhorter, CPPB

Purchasing Associate III
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 1

RP039-11

Requests for Proposals

for

A Public-Private Partnership

for the Lease, Operation and Improvement of 

Gwinnett County Airport-Briscoe Field

by

Gwinnett County Board of Commissioners

Lawrenceville, Georgia
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 2

I. INTRODUCTION

A. Purpose

The Gwinnett County Board of Commissioners ("the County") is seeking proposals 

(“Proposals”) from qualified airport management and development firms or consortia 

(“Respondents”) interested in entering into a Public Private Partnership (PPP) with the 

County under a long-term lease and corresponding agreement to operate, maintain, 

develop and improve the Gwinnett County Airport – Briscoe Field (“the Airport”) located 

in Lawrenceville, GA. 

The County desires to have the Airport operated in perpetuity as an aviation facility 

available for public use in accordance with all applicable laws and regulations and in 

compliance with all existing and future agreements between the County, State and the 

Federal Aviation Administration (FAA), specifically including, but not limited to, FAA 

grant agreements and the Airport sponsor grant assurances. In seeking to maximize 

the economic value of the Airport to the community, the County has determined that the 

Airport could be managed, operated and improved by an entity selected through a 

competitive process. The County intends to conduct this competitive process leading to 

a long-term lease of the Airport to a private operator/developer. 

While the selection of a private operator will be primarily based upon the demonstrated 

capability to operate and maintain the existing facility, significant consideration will also 

be given to the Respondent’s short-term and long-term plans for the Airport’s 

development. This may or may not include the establishment of commercial airline 

service at the Airport, noting that any decision on whether to seek commercial service 

will reside with the County and not the private operator/developer.

Through the PPP, the County seeks to accomplish the following goals:

1. Improve Airport’s Financial Performance: Ensure that the Airport is a self-financing 

enterprise and the income received from the Airport and grant funds is sufficient to 

cover: 1. At a minimum, the continued operation of the Airport as a General Aviation 

Airport; 2. Required and desired operational and safety upgrades; 3. Capital 

improvements; and 4. Ongoing maintenance needs to ensure the Airport is operated 

at its highest and best use consistent with the County and community interests. 

2. Protection of the County from Any Airport Financial Liability: Ensure that investment 

in the airport is non-recourse to the County and that the County’s general fund is 

protected from adverse events at the Airport or the Airport-related consequences of 

a general economic downturn.

3. Redefinition of the Airport as a Business Enterprise: Establish the Airport as a more 

successful business and public service enterprise, including ambitious marketing, 

facility improvement, and tenant service enhancement.

4. Enhancement of the Economic Value of the Airport to the Community: Increase the 

Airport’s role as an economic showpiece and business gateway for the County. 

Further develop the Airport to support the overall business activity of the region.

5. Consistency with and Support for Regional Growth: Ensure the Airport development 

and operation is consistent with community goals and land use including the 

County’s Unified Plan.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 3

6. Increase Airport’s Involvement in Community Affairs: Increase the Airport’s 

participation in community affairs and its in-kind support for community groups, local 

educational institutions, and non-profit groups.

7. Long-term Protection of the Asset: Ensure that the Airport is well-maintained, 

continually improved, and that the value of the asset and its immediate environs are 

protected for generations to come.

The County has received approval of its Preliminary Application under the FAA’s 

Airport Privatization Pilot Program (“Pilot Program”). Respondents to this RFP are 

encouraged to consult the County’s Preliminary Application. The application may be 

viewed and downloaded from either of the following sites: 

http://www.gwinnettcounty.com/static/departments/transportation/pdf/GwinnettCount

yAirportBriscoeField.pdf

http://www.regulations.gov/search/Regs/home.html#docketDeetail?R=FAA-2010-

0473

A description of the Airport premises and operational performance, a summary of 

the 2010-2015 Capital Improvement Plan, and a description of Airport revenue 

sources for the Airport are provided in Exhibits D, E and F respectively of this RFP.

Respondents to this RFP may submit their Proposals individually or as a team 

established for this purpose. This is a one-step process by which the County will 

determine the Proposal and the operator that best satisfies the County’s objectives. 

The County will then negotiate with the top ranked Respondent toward a long-term 

lease and operating agreement. If, in the sole opinion of the County, these 

negotiations are unsuccessful or are not completed in a timely manner, then the 

County may terminate the negotiations with the initially-selected Respondent, reject 

its proposal, and initiate negotiations with the second-ranked Respondent and so 

on.

If the County determines, in its sole discretion, that none of the Proposals submitted 

are acceptable and/or the County’s application for participation in the FAA 

Privatization Pilot Program is not ultimately approved by the FAA, the County 

reserves the right to reject all proposals and terminate the process.

The process will be conducted in accordance with all applicable Federal, State and 

County laws and regulations. Any agreement between the successful Respondent 

and the County shall be subject to the approval of the County Board of 

Commissioners and, if applicable and to the extent required by law, the FAA and 

any other state or federal agency with jurisdiction over the Agreement. 

B. Statutory Requirements

The County has reviewed the statutory requirements of the FAA’s Privatization Pilot 

Program, including two notices issued by the Federal Aviation Administration, 62 F.R. 

19638 (issued April 22, 1997) and 62 F.R. 48693 (issued September 16, 1997), and is 

prepared to meet those requirements. In addition to the goals noted above, the 

following statutory objectives of 49 U.S.C. § 47134 must be satisfied should the County 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 4

participate in the Pilot Program. The County will ensure that these conditions are 

satisfied by the new airport operator (“Operator”).

1. The Airport will continue to be available for public use on reasonable terms and 

conditions without unjust discrimination.

2. The operation of the Airport will not be interrupted in the event that the Operator 

becomes insolvent or seeks or becomes subject to any State or Federal bankruptcy, 

reorganization, insolvency, liquidation, or dissolution proceeding or any petition or 

similar law seeking the dissolution or reorganization of the Operator or the 

appointment of a receiver, trustee, custodian, or liquidator for the Operator or a 

substantial part of lessee’s property, assets, or business.

3. The private operator/developer will “maintain, improve and modernize” Airport 

facilities through capital investments, and submit a plan to the designated County 

office for these actions.

4. Rates and charges will be governed by the provisions of the FAA Airport 

Privatization Pilot Program and the terms of tenant lease agreements.

5. Safety and security at the Airport will be maintained at levels required by the FAA. 

6. Adverse effects of noise from airport operations will be mitigated to the same extent 

as at the public airport.

7. Adverse effects of the environment from airport operations will be mitigated to the 

same extent as at the public airport.

8. Prospective owners/lessees should note Georgia State Law concerning foreign 

ownership and operation of airports within the State (Official Code of Georgia, 

§6-3-20.1).

In addition to these requirements, the FAA Administrator must find that the transfer 

of the Airport to the successful Respondent will not result in unfair or deceptive trade 

practices or unfair methods of competition, and that the interests of general aviation 

users are not adversely affected. The Respondent should note that, should it be 

selected by the County for the PPP, the Respondent’s cooperation will be required 

in supporting the County’s application to the Pilot Program. 

C. Information and Contact with the Airport and the County

IMPORTANT: Prospective Respondents should note that direct contact with Airport or 

County employees and officials is prohibited during this competitive process except for 

official Information Meetings or as defined in paragraph below of this document.

Moreover, all such contact must be in compliance with applicable Georgia law and local 

procurement ordinances.

Contact with the County through any other means may result in the Respondent’s 

disqualification from the competition process. Individuals, firms and business seeking 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 5

an award of a Gwinnett County contract may not initiate or continue any verbal or 

written communications, regarding a solicitation with any County officer, elected official, 

employee or other County representative without permission of the Purchasing 

Associate named in the solicitation between the date of the issuance of the solicitation 

and the date of the final selection by the Board of Commissioners. Violations will be 

reviewed by the County Purchasing Director. If determined that such communication 

has compromised the competitive process, the offer submitted by the individual, firm or 

business may be disqualified from consideration for award.

Respondents are instructed to conduct all communication with the County regarding 

this procurement through the channels described above. Note that all such 

communication shall be documented and included as part of the official procurement 

record.

II. SCOPE OF SERVICES

A. Minimum Airport Management and Operations Responsibilities

The selected Respondent will be required to provide an airport manager and 

appropriate staff to operate the Airport on-site at a minimum of 8:00am to 5:00pm 

Monday through Friday with on-call availability seven-days-a-week, 24-hours-per-day. 

The Respondent's airport manager and staff shall have, at a minimum, full responsibility 

for all of the operation and maintenance of the Airport, including, but not limited to, the 

following list of services:

1. Coordinate and maintain airport security.

2. Maintain safety of runways and taxiways and provide Airport Rescue.

3. Coordinate with the County and FAA regarding grant and operational matters.

4. Supervise and perform all services such as maintenance and maintenance of 

adequate records.

5. Coordinate any construction, maintenance, or other activities at the Airport to 

minimize interference with airport operations.

6. Enforce Airport regulations and other applicable status or rules.

7. Properly manage the relations with the community and Gwinnett County.

8. Coordinate with the County in working with surrounding counties, the City of 

Lawrenceville, other municipalities, and various Federal and State agencies on 

matters relating to aid programs and operations.

9. Provide general care of the Airport to assure cleanliness, good appearance, and 

efficient, safe operation.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 6

10.Develop revised airport rules and regulations within the first 180 days, for review and 

acceptance by the County and, if applicable, the FAA.

11.Develop required and appropriate emergency plans including coordination of offairport resources.

12.Provide contractual service(s) with third parties as necessary.

13.Furnish, operate and maintain all mechanical, plumbing, electrical and 

communications systems as may be required to operate the Airport.

14.Arrange and pay for all water, sewer, stormwater, electricity, gas, telephone and 

other utilities as may be necessary to operate the Airport.

15.Maintain separate financial accounting records to properly record and categorize 

revenues by function on a basis prescribed the County, safeguarding the assets 

being managed. The operator/developer will be expected to provide the County at 

least quarterly and year-to-date statements of operating reports, and to permit 

inspection and/or audit of financial and operating records according to terms to be 

specified in the public-private partnership Agreement.

16.Annually submit to the County a 5-year capital improvement program (“CIP”) 

addressing the operational needs of the Airport.

17.Assure that aviation fuel, aircraft maintenance and other aircraft services reasonably 

required to meet the needs of the users of the Airport are provided on the Airport.

18.Obtain and maintain fire, casualty and flood insurance for the Airport and its facilities 

and, in addition, a general liability insurance policy including aircraft liability and 

airport operator legal liability, automobile liability and workers’ compensation 

coverage as in Exhibit (A).

19.Provide for concessions and any other consumer service activity related to airport 

activity or customers that have not been leased to a third party.

20.Properly manage any environmental and noise issues arising from the contractor’s 

operation of the Airport.

21.Develop and market the Airport.

22.Coordinate with the County on the County’s operations and maintenance of any onairport facilities remaining under the County’s responsibility including air traffic 

control tower facilities but excluding FAA equipment.

B. Additional Services and Considerations Under the Lease

The list above constitutes most of the operations and maintenance activities of 

the Airport. The County reserves the right to modify the list as part of the 

negotiation of the final PPP Agreement.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 7

III. INSTRUCTIONS/SUBMITTAL FORMAT AND CONTENTS

A. Structure of the Public-Private Partnership

The County has determined that the opportunity to operate, maintain, develop and

maximize the Airport will be tendered to a single firm or consortia by means of a longterm lease of the facility, with related operating and development agreements. The 

County intends to establish the relationship with a single firm or consortia that will 

manage and develop the Airport for the mutual benefit of both parties and the 

community. 

B. Proposal Document Submittal

The Proposal must consist of two documents: the Technical Proposal and the Financial 

Offer. [One (1)] single-sided unbound original (designated as the original) and 

[eight (8)] double-sided bound copies and [one (1)] CD/DVD of each document of a 

firm and irrevocable Proposal for the lease of the Airport land, buildings and equipment, 

as a whole.

IMPORTANT: The Financial Offer MUST be submitted in a SEPARATE SEALED 

ENVELOPE, and may not be bound or replicated in any fashion in the Technical 

Proposal document, nor may the terms of the Financial Offer be disclosed in the 

Technical Proposal documents. Any explicit discussion of the relationship of the terms 

of the Financial Offer to the Technical Proposal must be included in the Financial Offer, 

and NOT in the Technical Proposal.

Both the Technical Proposal and the Financial Offer must each be signed by a senior 

executive of the Respondent who is authorized to bind the firm to its Proposal. The 

Proposal must include a notarized Statement of Corporate Authority confirming this 

authority to bind the Respondent to the Proposal.

Proposals sent by telegraphic and/or electronic devices are NOT acceptable and will be 

rejected upon receipt. Respondents are expected to allow adequate time for delivery of 

their proposals either by hand delivery, postal service or other means. Proposals 

arriving after the Submittal deadline will be returned unopened. Sole responsibility rests 

with the Respondents to see that their Submittals are received on time at the above 

stated location. 

Proposals submitted are not publicly available until after award by the Gwinnett County 

Board of Commissioners in accordance with Georgia Law and County Ordinance. All 

proposals and supporting materials as well as correspondence relating to this RFP 

become property of Gwinnett County when received. Any proprietary information 

contained in the Submittal should be so indicated. However, a general indication that 

the entire contents or a major portion of the proposal is proprietary will NOT be 

honored. 

The Laws of the State of Georgia shall govern the Agreement. Any disputes relating to 

this RFP or related or subsequent agreement must be resolved accordingly. Exclusive 

venue for any lawsuits or disputes arising out of this RFP or an agreement negotiated 

pursuant thereto shall be in a competent court consistent with all applicable laws.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 8

1. Format

All materials other than graphics, brochures, plans and attachments should be 

submitted in an 8.5 inch by 11.0 inch format with a general text font of no less than 

10 point size and page margins of at least one inch all around. There will be no 

page limit.

2. Proposal Content and Organization

The County invites the Submittal of Proposals from firms or consortia that are 

capable of performing the scope of services specified above. The County will review 

responses to this request and other considerations that the County may deem to be 

relevant to this assignment. In order for a Proposal to be considered by the County, 

the following items should be addressed in the order specified below.

3. Cover Letter

The Cover Letter may take any form, but should include the following:

a. An identification of the firm or consortia submitting the Proposal, including the 

name and role of each participating firm, if more than one. 

b. A brief introduction to the Proposal and highlights of the Respondent’s 

Qualifications and Proposal (not including specifications of the Financial Offer)

demonstrating capacity to operate, maintain, develop and maximize the Airport, 

understanding of the project and the scope of work, and suggested structure of 

the organization and management methods that will be used.

c. Compliance with the County’s intent of entering into a PPP through participation 

in the Pilot Program. 

d. This letter must be signed by a senior executive of the responding firm or 

consortia empowered by the firm or consortia members to respond to this RFP 

on their behalf:

i. If the Respondent is a corporation, the Submittal must be signed by an officer 

of the corporation, indicating the signer’s official capacity and stating that the 

signer is authorized to sign and submit on behalf of the corporation.

ii. If the Respondent is a partnership or proprietorship, the Submittal must be 

signed by a general partner or other duly authorized person. The title and 

official capacity of the person signing the Submittal must be stated, including 

a statement that the signer is authorized to sign and submit the Submittal on 

behalf of the partnership or other entity.

iii. If the Respondent is a consortium or joint venture, the Submittal must be 

signed by an officer of the lead company(ies) with signed letters from 

authorized officials of the other participants confirming their participation.

4. Table of Contents

The Table of Contents should list Proposal sections, charts, tables and any 

Appendices in the order in which they appear in the Proposal document.

5. Notarized Statement of Corporate Authority and Letter of Commitment
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 9

The Proposal must include (1) a Letter of Commitment to Proposal declaring that 

the Respondent, if selected, agrees to be bound to the content of its Proposal, and 

(2) a notarized statement (such as a Board Resolution, Shareholder Resolution, 

Statement of the Chief Executive Officer of the corporation, or other comparable 

empowering document) declaring that the individual signing the Letter of 

Commitment to Proposal is genuinely empowered to bind the Respondent to the 

content of its Proposal.

6. Certifications and Required Statements

a. Each Technical Proposal must include a fully executed “Certification of NonCollusion in Proposal Preparation” (Attachment C) and a fully executed “NonConflict of Interest Certification” (Attachment D).

b. Statement acknowledging compliance with U.S Code Title 49 § 47134: Pilot 

Program on Private Ownership of Airports Statutory Objectives as well as a 

statement of agreement to comply with the following:

i. The Airport will continue to be available for public use on reasonable terms 

and conditions and without unjust discrimination.

ii. The operation of the Airport will not be interrupted and will be assured to 

operate in same manner in the event that the Operator becomes insolvent or 

seeks or becomes subject of any State or Federal bankruptcy, reorganization, 

insolvency, liquidation, or dissolution proceeding or any petition or similar law 

seeking the dissolution or reorganization of the Operator or the appointment 

of a receiver, trustee, custodian, or liquidator for the Operator or a substantial 

part to the lessee’s property, assets, or business.

iii. The lessee will maintain, improve, and modernize the facilities of the Airport 

through capital investments and will submit to the Secretary of Transportation 

or their designee a plan for carrying out such maintenance, improvements, 

and modernization.

iv. Safety and security at the Airport will be maintained at the levels required by 

the FAA.

v. The adverse effects of noise from operations at the Airport will be mitigated to 

the same extent as at a public airport.

vi. Any adverse effects on the environment from airport operations will be 

mitigated to the same extent as at a public airport.

c. Statement summarizing the evidence that the Respondent has the necessary 

capability to start performing airport management functions as soon as January 

1, 2013. Actual transition date will be mutually agreed to by all parties.

d. Statement that the Respondent will comply with all applicable federal, state and 

local statutes, ordinances, rules and regulations concerning operation of airports, 

non-collusion in submission of this Submittal, non-discrimination and affirmative 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 10

action in employment and public work, and non-discrimination in the conduct of 

the Respondent’s business.

e. Statement acknowledging that the County reserves the right to accept, reject, or 

negotiate modifications to any Submittal, Proposal or draft agreement submitted 

as part of this competition that the County deems is in its best interests.

f. Statement that no broker fee, finder’s fee or contingent fee will be paid by the 

Respondent as a result of its success in this competition.

g. Statement of affiliations with organizations and persons engaged in aeronautical 

business activity at the Airport (other than airport management).

h. Statement of disclosure of legal affairs where each company named in the 

Submittal should disclose:

i. A list of outstanding litigations, claims, or major unresolved client disputes 

arising from the provision of the type of services requested by the County, 

including a brief description of the issue.

ii. A list of any civil or criminal penalties imposed on the firm, consortium or its 

officers in the past 10 years by a government entity that are related to the 

provision of the type of services requested by the County, including a brief 

description of the issue.

iii. A description of all charges of unfair or deceptive practices or unfair methods 

of competition brought against the Respondent, the Respondent’s key 

personnel and in the case of a Respondent that is a joint venture, partnership 

or other consortium, the separate members of the entity for the past 10 years. 

The description should include the disposition or current status of each such 

proceeding.

iv. If none of the above conditions applies, the Respondent should indicate so in 

writing.

7. Description of the Respondent

The Description of the Respondent must include the elements listed below:

a. Name and role of each corporate entity included in the Submittal.

b. The form of each corporate entity included in the Submittal (Corporation, 

Partnership, etc.).

c. Primary location, address, email, telephone and fax numbers of each corporate 

entity included in the Submittal.

d. Name and address of any affiliated parent and/or subsidiary.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 11

e. The name, title, address, telephone number, fax number, and e-mail address of 

the Primary Contact for the Respondent, plus the same data for an Alternative 

Contact should the Primary Contact be unavailable. All information and notices 

will be sent to the Primary Contact.

f. References: Five client references from listings including current name, position, 

organization, address, telephone number and email address. Accuracy of the 

current phone number and contact person is important. If the contact person or 

phone number is not correct, or if the reference is incomplete, the scoring of that 

particular reference may negatively affect the possible points awarded to the firm 

under this section of the scoring criteria.

8. Approach to Meeting the County’s Goals

The Respondent shall provide a brief narrative describing its approach to achieving 

each of the County’s goals for the public-private partnership. For each goal, this 

narrative should include (1) the Respondent’s general philosophy regarding how the 

goal would be achieved (if applicable), (2) the general and specific means by which 

it intends to achieve the goal, (3) measures or indicators for judging progress toward 

those goals as part of the lease Agreement, and (4) references to other clients 

and/or projects of the Respondent in which similar goals were achieved. In doing 

so, the Respondent may refer to information provided elsewhere in its Proposal.

a. Improve Airport’s Financial Performance: Ensure that the Airport is a selffinancing enterprise and the income received from the Airport is sufficient to 

cover:

i. At a minimum, the continued operation of the Airport as a General Aviation 

Airport;

ii. Required and desired operational and safety upgrades;

iii. Capital improvements; 

iv. Ongoing maintenance needs to ensure the Airport is operated at its highest 

and best use consistent with the County and community interests.

b. Protection of the County from Any Airport Financial Liability: Ensure that 

investment in the airport is non-recourse to the County and that the County’s 

general fund is protected from adverse events at the Airport or the Airport-related 

consequences of a general economic downturn.

c. Redefinition of the Airport as a Business Enterprise: Establish the Airport as a 

more successful business and public service enterprise, including ambitious 

marketing, facility improvement, and tenant service enhancement.

d. Enhancement of the Economic Value of the Airport to the Community: Increase 

the Airport’s role as an economic showpiece and business gateway for the 

County. Further develop the Airport to support the overall business activity of the 

region.

e. Consistency with and Support for Regional Growth: Ensure the Airport 

development and operation is consistent with community goals and land use 

including the County’s Unified Plan.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 12

f. Increase Airport’s Involvement in Community Affairs: Increase the Airport’s 

participation in community affairs and its in-kind support for community groups, 

local educational institutions, and non-profit groups.

g. Long-term Protection of the Asset: Ensure that the Airport is well-maintained, 

continually improved, and that the value of the asset and its immediate environs 

are protected for generations to come.

9. Proposal Content

It is envisioned that the operation, maintenance, development and maximization of 

the Airport will be divided into the following three (3) phases:

• Part I – Core General Aviation Airport Operation and Management

• Part II – Short-Term (1 to 5 years) Airport Development 

• Part III – Strategic Enhancement of the Airport Over the Lease Term

The Technical Proposal should address the elements identified in Parts I, II and III 

as described below. Part I refers to core airport operations and management. It will 

be evaluated according to how well the Respondent demonstrates its competence 

and understanding of general aviation airport operations and management, as well 

as the insight and innovation of the Proposal toward improving the operations and 

management of the Airport. Part II refers to short-term improvements to the airport 

that go beyond core operation and management of existing facilities. It will be 

evaluated according to how well the Respondent demonstrates the feasibility of the 

improvements, their value to the County, and the capacity of the Respondent to 

implement them. Part III refers to the long-term vision for the airport (year 6 of the 

lease and beyond). It will be evaluated according to how well the Respondent 

demonstrates the feasibility of its vision, its potential value to the County, and the 

capacity of the Respondent to implement the vision.

Part I – Core General Aviation Airport Operation and Management

a. Technical Qualifications: Respondents are required to demonstrate technical 

capability to successfully complete the PPP transaction and operate and 

maintain the Airport to its highest and best use. The Respondent must show 

effective and substantive experience in the provision of similar services under 

consideration:

i. Performance on airport operations and management projects relevant to the 

future operation and management of the Airport.

ii. Performance on commercial and industrial public-use infrastructure facility 

operations and management projects relevant to the future operation and 

management of the Airport.

In each case, Respondent should include the following information:

iii. A description of management and operations experience including the 

following areas: technical and human resources, performance improvement, 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 13

client relations and client satisfaction, tenant and customer management, 

employee and labor relations, regulatory compliance, and community and city 

government relations.

iv. A description of the facilities currently or previously under the operation and 

management of the Respondent

v. If the Respondent is a newly formed entity, a description of the relevant 

experience of the constituent members and the planned management 

structure to integrate operational functions could be submitted.

b. Financial Qualifications: Respondents are required to submit the following 

information and documents to demonstrate their financial capability to enter in 

the PPP proposed transaction to operate, manage, develop and maximize the 

Airport:

i. Demonstrate financial backing commensurate to a project of this size and 

complexity as potentially envisioned by the Respondent. This should include 

demonstrating sufficient resources to carry out the scope of work included in 

this RFP. This requirement applies to both existing entities and special 

purpose entities enacted for this engagement.

ii. Ability to improve airport infrastructure.

iii. Audited financial statements for the last three years, if any, and (if 

appropriate) Form 10K, submitted to the U.S. Securities and Exchange 

Commission for the past three years. If no 10K annual reports were filed, 

then include balance sheets, income statements and/or other appropriate 

representations of financial capacity prepared in accordance with Generally 

Accepted Accounting Principles.

iv. Credit ratings, if available.

v. If the Respondent intends that the County would contract with a specialpurpose entity, then the Respondent shall make clear in its Proposal the level 

and type of financial backing that will be provided to the entity by its owners, 

and those owners shall provide financial information sufficient for the County 

to evaluate their capacity to meet both the performance and investment 

criteria in this RFP and the specifics of their proposal. The County reserves 

the right to request additional financial information in satisfaction of this 

requirement.

c. Approach to Gwinnett County Airport - Briscoe Field: The Respondent should 

provide a detailed approach on how it proposes to operate and manage the 

Airport. The proposed approach should include at least the following:

i. Operations and Maintenance Plan

ii. Administration Plan

iii. County, Tenant and Community Relations Plan
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 14

iv. Transition Plan

v. Any other item the Respondent believes is appropriate to explain its approach 

to providing and improving operations and maintenance at the Airport.

d. Operations and Maintenance Plan: The Proposal must include an Operations 

and Maintenance Plan demonstrating that the Respondent understands the 

basic operating and maintenance requirements and ongoing needs of the 

Airport. The Operations and Maintenance Plan must include the items listed 

below:

i. An organization chart for Airport operations, maintenance and management 

and emergency response.

ii. Basic staffing levels and hours.

iii. A description of the system to be employed by the Respondent for the 

following: (a) ensuring adequate and proper routine and preventive 

maintenance, (b) identifying and completing major repairs and replacements, 

and (c) providing unplanned or emergency maintenance.

iv. A performance management system sufficient to ensure – and to 

demonstrate to the County through periodic reports -- that the Airport is 

consistently maintained in current or better-than-current condition for the term 

of the lease.

v. Whatever innovative operations and maintenance systems, policies and 

procedures it plans to utilize at the Airport, particularly if those systems, 

policies and procedures have yielded demonstrable benefits at other facilities 

managed by the Respondent.

vi. A description of the Respondent’s capability of complying with the County’s 

existing grant assurances, including the assurance of compatible land use 

around the Airport; the protection of navigation aids, approach lights, runway 

safety areas, and runway protection zones; and the continuation and 

extension of navigation easements.

vii. A description of the system that will be employed by the Respondent for 

ensuring responsiveness and high quality to the needs of Airport tenants.

viii.Any other items that the Respondent believes appropriate to explain its 

approach to operations and maintenance of the Airport.

e. Administration Plan: The Proposal must include an Administration Plan

describing the corporate structure by which the Airport will be managed and the 

corporate and personnel experience that will be utilized to carry out the Airport 

management responsibilities. This Plan must specify the items listed below.

i. The nature of corporate ownership and governance of the Airport operating 

entity to be employed.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 15

ii. The financial and legal relationship of the operating entity to the parent 

company or companies.

iii. The percentage ownership and respective responsibilities of each partner 

firm if the operating entity is owned by more than one firm.

iv. The primary point(s) of corporate liaison to the County.

v. An organization chart showing the priority and role of each company and 

lines of authority and approval, the relationship of the on-Airport management 

team to the governing corporate entity, and proposed staff in charge.

The name, title and responsibility of proposed key staff from the firm or consortia 

that will be responsible for the daily operation of the Airport and that will be 

assigned to work with the County should be disclosed as well as professional 

qualifications of each person, current title and reporting relationship. Resumes of 

all proposed staff excluding any current County Airport employees should be 

included in a separate Attachment.

If the Respondent plans to provide services utilizing other firms (subcontractor or 

firms without ownership in the consortium or joint venture), the Plan should 

include general information about each such firm (or, if not currently designated, 

a description of the type of firm to be designated) and detail how it will be 

integrated into the overall organization. Respondents should explain any 

proposed coordination between the prime and proposed sub-consultants as well 

as explain coordination with the Airport’s operational needs, and provide any 

other information that may assist the County in making a selection. Where 

possible, names, titles, responsibilities and qualifications of only the most 

important individual(s) from each sub-contractor should be also included. 

Respondents are expected to show verification of compliance with O.C.G.A § 

13.10.91 that they are registered and participating in the federal work 

authorization program as appropriate. 

It is in the Respondent’s interest to include in the Plan any unique, innovative or 

noteworthy approaches that the Respondent intends to employ for financial 

management, human resources, public relations, marketing efforts and/or legal 

affairs, as well as one or more examples where these or similar innovations were 

beneficially employed at another facility taken over by the Respondent.

f. County, Tenant and Community Relations Plan: The Proposal must include a 

County, Tenant and Community Relations Plan describing how the Respondent 

will routinely interface with the entities listed below.

i. The County’s Board of Commissioners

ii. The County’s liaison staff (e.g., the County Administrator, Deputy County 

Administrator, Finance Director, etc.)
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 16

iii. Gwinnett County Department of Transportation

iv. Airport Authority or designated oversight group/agency

v. Airport tenants and tenant groups

vi. The Federal Aviation Administration

vii. The State of Georgia.

viii.The City of Lawrenceville and other immediately neighboring municipalities.

ix. The local community and civic organizations.

Both the County and its prospective partners acknowledge that significant 

changes at the Airport will be of great interest to multiple and likely competing 

interests. Accordingly, channels for public involvement should be defined, 

organized and significant. It is in the Respondent’s interest to cite one or more 

examples where the practices or procedures included in the Plan were 

beneficially employed at another facility operated by the Respondent.

g. Transition Plan: The Proposal must include a Transition Plan describing the 

prospective timetable and methods by which the Respondent will perform, at a 

minimum, the transition activities listed below.

i. Taking operational control of the Airport.

ii. Installing its planned new practices and systems.

iii. Interviewing, evaluating, training and incorporating existing Airport staff as 

appropriate.

iv. Assume day-to-day management duties.

v. Any other items that the Respondent believes appropriate to explain its 

approach to operations and maintenance of the Airport.

vi. Any other items that the Respondent believes appropriate to explain its 

approach to the transition from public to private management of the Airport.

It is in the Respondent’s interest to cite one or more examples where these or 

similar transition practices were beneficially employed at another facility taken 

over by the Respondent.

Part II – Short-Term Airport Development

a. Qualifications: Respondents are required to demonstrate technical capability to 

successfully develop the Airport in the short term (Year 1 to Year 5 of the lease) 

to its highest and best use. The Respondent must demonstrate previous 

experience in the provision of similar services under consideration.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 17

In each example cited, Respondent should include the following information:

i. A description of the development experience in relation to business 

development, contribution to regional economic activity and impact on 

community development plans.

ii. If the Respondent is a newly formed entity, a description of the relevant 

experience of the constituent members and the planned management 

structure to integrate operational functions could be submitted.

b. Business Plan for Improvement of the Airport: Respondents must include in their 

Proposal a basic Business Plan for the Airport articulating short term goals for 

developing Airport business opportunities, enhancing the regional economic 

activity and positioning the Airport as a key contributor to the regional 

development to meet the County’s objectives for the Airport cited in Section I.A. 

of this RFP. It is in the Respondent’s interest to cite one or more examples of 

where some of the ideas or practices included in the Plan were beneficially 

employed at another facility developed and/or marketed by the Respondent.

The Business Plan should also include a roster of specific capital 

improvements including sources of funding for the first [five] years of Airport 

development summarizing major repairs and/or replacements that the 

Respondent intends to implement within the first [five] years of operation.

c. Financial Plan: Respondent must include proposed sources and uses of funds to 

implement the Short -Term Airport Development Plan.

Note that the County will seek to include the implementation of the 

Business Plan as a contractual obligation of the Agreement. The specific 

language, terms and conditions of this obligation will be part of the 

negotiation of the Agreement.

Part III – Strategic Enhancement (“Vision”) of the Airport

a. Qualifications: Respondents are required to demonstrate technical capability to 

successfully develop its long-term vision of the Airport. The Respondent must 

show effective and substantive experience of the firm in the provision of similar 

services under consideration, including on-airport facility development relevant to 

the strategic enhancement of the Airport.

In each case, Respondent should include the following information:

i. A complete description of strategic development and economic value-added 

of its facilities experience.

ii. A description of the facilities under the long-term development and business 

enhancement by the Respondent.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 18

iii. If the Respondent is a newly formed entity, a description of the relevant 

experience of the constituent members and the planned management 

structure to integrate operational functions could be submitted.

b. Long-Term Development and Marketing Strategy: The Proposal must include a 

Long-Term Development and Marketing Strategy describing the Respondent’s 

vision for the Airport during the first 10 to 20 years (or more) of the Respondent’s 

management; i.e., the Respondent’s strategy and vision for developing and 

improving the physical and commercial aspects of the Airport, as well as how it 

plans to market the Airport to prospective tenants and other users. The 

Respondent’s Long-Term Development and Marketing Strategy should also 

include a description of any assets, facilities, or personnel Respondent envisions 

the County providing to facilitate such. The County identified the following main 

areas for service development at the Airport:

i. General Aviation

ii. Other Services and on-Airport Development

iii. In addition, the Respondent may specifically propose the introduction of 

scheduled passenger service, and/or how the Respondent would position the 

airport to proceed if and when the County were to approve the seeking of 

schedule passenger service

Safety and Security

Respondents should demonstrate the economic and social value of the LongTerm Development Plan and Marketing Strategy. Where possible, the proposal 

should cite demographic, economic, and industry information in support of its 

Plan. In addition, the Respondent should address the risks and benefits to the 

County that are associated with the Plan.

If the proposed Long-Term Development and Marketing Strategy includes 

scheduled passenger service, then the Respondent should provide its view of 

the timing of the associated application for Part 139 certificate with the 

understanding that the County will make the final decision to pursue Part 139 

certification and, later, to approve the development of facilities suitable to 

support scheduled passenger service. 

It is in the Respondent’s interest to cite one or more examples of where some of 

the ideas or practices included in the Strategy were beneficially employed at 

another facility developed and/or marketed by the Respondent. 

Where major capital improvements and developments are envisioned, the 

Strategy should include a description of the likely sources of financing for these 

major improvements, plus a basic demonstration – including a simple 

hypothetical pro forma financial analysis incorporating lease payments to the 

County to be included separately in the Financial Offer document -- that the 

planned improvements could be supported by the cash flow of the Airport under 

the Respondent’s management. This demonstration may include any target 

Airport activity levels, new developments, events or conditions that may be 

required for feasibility or could interfere with feasibility.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 19

9. Optional Attachment

Respondents may include corporate brochures and other marketing materials 

(including CD-ROMs), client testimonials, etc. as a separate Attachment to their 

Submittals. Such an Attachment must be labeled “Optional Attachment”. 

Respondents should be aware that the County will review and consider any such 

optional material at its sole discretion, and that it may investigate any claims or 

information included in these materials.

10. Financial Proposal

a. Proposed Payment Schedule and Lease Terms: The following items must be 

addressed in the Proposal as they will be required to fully explain the proposed 

payment schedule and lease terms:

i. The amount, if any, of Up-front Payment to the County upon execution of 

the lease.

ii. The percentage rate of the Share of Gross Revenues, if any, from all 

Airport operations and related businesses and the schedule of such 

payments, as well as any contingencies and exclusions from the Gross 

Revenue calculation (see item “vi” below).

iii. The Fixed Lease Payment amount or Minimum Guaranteed Lease 

Payment to the County, including Payment Schedule and/or Escalation 

Formula.

iv. The amount, if any, of regular and/or periodic payments to the County with 

respect to the fees or other payments for the provision of County and 

municipal services to the Airport.

v. Any other source of payment to the County, if any.

vi. Any conditions attached to the fixed or variable rates and amounts of 

payment previously specified.

 

11.The Competition Process

The County has determined that the opportunity to operate, maintain, develop and 

maximize the Airport will be tendered to a single firm or consortium of firms by 

means of a future privatization agreement with related operating and development 

agreements, as appropriate. The County intends to establish a relationship with a 

single firm or consortium of firms that will manage and develop the Airport for the 

mutual benefit of both parties.

a. Pre-Proposal Meeting

An information meeting for interested Respondents will be held that will include 

County officials, an overview of the competition process and expectations for 

Submittals, evaluation process, and a question-and-answer session.

Prospective Respondents are strongly encouraged to attend the meeting.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 20

b. Data Room

A Data Room with relevant documents will be set up in the Airport Administrative 

Office, and is available by appointment only through the Gwinnett County 

Purchasing Division. The Data Room will remain open until the deadline date for 

questions. It is the proposer’s responsibility to ensure that they have all 

applicable addenda prior to proposal submittal. 

c. Questions, Clarifications and Requests for Information

Questions, Clarifications and Requests for Information concerning this RFP 

should be directed IN WRITING by letter, telefax or electronic mail directly to:

Shelley McWhorter

Purchasing Associate III

Gwinnett County Purchasing Division

75 Langley Drive

Lawrenceville, Georgia 30046

Fax: 770.822.8735

Email: shelley.mcwhorter@gwinnettcounty.com

Where appropriate, GCDOT responses to formal questions will also be in writing 

and will be distributed to all firms on our record as having received a copy of this 

RFP. In each case, GCDOT will determine whether a response is appropriate or 

necessary. However, no mention or identification of the Respondent that 

submitted the question will be made in the written response.

Questions, clarifications and requests for additional information submitted after 

the question deadline may not be responded to.

d. Proposal Review, Selection and Negotiation

The County will consider Submittals that include the elements cited in this RFP. 

The County encourages highly innovative proposals. Submissions received in a 

format other than the requirements outlined above may be rejected by the 

County in its sole and absolute discretion. The County also retains the right to 

cancel this RFP at any time without compensation to the Respondents.

Proposals will be evaluated according to their completeness and adherence to 

the requirements of this RFP. Respondents are asked to include the 

qualifications relevant to the provision of the services being considered by the 

County and clearly articulate their approach to the operation, maintenance, short 

and mid-term development of the Airport and their long-term visionary approach. 

Following the completeness check, the County will review all Submittals to 

determine whether one or more satisfies the County’s objectives for the 

competition. Before making such a determination, however, the County may 

interview one or more of the Respondents, seek clarifications of their Proposal(s) 

and/or visit and inspect any facilities currently operated by the Respondent(s). 

Other Respondents will not be notified of any such requests. Interviews may be 

held the week of March 12, 2012 so please reserve availability.

The County would then select one or more Respondents for negotiation of a final 

PPP Agreement. A proposed list of principles to be addressed in the Agreement 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 21

is included in Exhibit B. The County intends, but shall not be obligated, to qualify 

Respondents for further negotiation. The County reserves the right to reject or 

accept any or all proposals and to waive technicalities, informalities and minor 

irregularities in the proposals received. Furthermore, the County reserves the 

right to seek the approval of any designated Respondent from appropriate 

federal and state agencies. 

If the RFP process ultimately results in an award from the County, all 

Respondents should be aware that the County reserves the right to make an 

award as deemed in its best interest. 

All applicable State of Georgia and Federal Laws, City and County ordinances, 

licenses and regulations of all agencies having jurisdiction shall apply to the 

selected Partner and project throughout and be incorporated here by reference. 

The Agreement with the selected Respondent, and all questions concerning the 

execution, validity or invalidity, capacity of the parties, and the performance of 

the Agreement, shall be interpreted in all respects in accordance with Code of 

Gwinnett County and the laws of the State of Georgia.

e. Evaluation Criteria 

Proposals will be evaluated according to the standards listed below.

i. Technical Proposal

a) The benefits of the Proposal for the Airport, the County and the 

community.

b) The level of innovation, insightfulness, competence and strategic vision 

demonstrated by the Proposal.

c) The overall clarity and quality of the Proposal and its responsiveness to 

the stated goals and objectives of the County

d) Any identifiable cost impacts that would accrue to the County as a result 

of the implementation of the Proposal, separate from any lease payments, 

revenue share or up-front payments.

ii. Qualifications and Record of Relevant Performance

a) Experience:

1) Demonstrated technical and human resources capability to 

successfully and safely manage, operate and develop a general 

aviation airport such as Gwinnett County Airport-Briscoe Field.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 22

2) Record of performance improvement (operations, maintenance, 

facilities, costs, revenues, labor relations, marketing, administration, 

and/or economic development, etc.) at facilities, services and projects 

managed by the Respondent.

3) Record of successful client relations and client satisfaction at facilities,

services and projects managed by the Respondent.

4) Record of successful tenant and customer management at facilities, 

services and projects managed by the Respondent.

5) Record of successful and positive employee and labor relations for 

facilities, services and projects managed by the Respondent.

6) Record of successful relations, reputation and regulatory compliance 

with regional and/or national officials at the FAA and appropriate state 

governing bodies.

7) Record of successful and positive community and city government 

relations for facilities and projects managed by the Respondent.

8) Record of successful business development initiatives at facilities and 

projects managed by the Respondent.

9) Demonstrated participation in regional economic growth by facilities 

and projects managed by the Respondent.

10) Demonstrated participation in community development plans and 

initiatives by facilities and projects managed by the Respondent.

11) Record of successful long-term development objectives at facilities 

and projects managed by the Respondent.

b). Financial Capability:

1). Financial capacity for successfully managing, operating and 

developing the Airport without material risk to the County.

2). Record of meeting contractual commitments at facilities, services and 

projects managed by the Respondent.

iii. Financial Offer (to be submitted in a separate sealed envelope)

a). The estimated Net Present Value to the County of the proposed monthly 

lease payments and/or any other fixed payments, taking into 

consideration any contingencies or conditions in the Financial Offer, 

and/or apparent risks that may affect the ultimate value to the County of 

the Financial Offer, if any.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 23

b). Potential and likely net present value to the County of the proposed share 

of gross revenues, if any.

c). The likely economic value of the Proposal to the County and the State of 

any taxes and other fees for services that may be derived from the Airport 

and other Airport related businesses, if any, as a result of the 

implementation of the Respondent’s proposal.

In evaluating the Respondent’s Financial Offer, the County plans to give the 

greatest consideration to the sum of the discounted present values of the 

respective payment streams and bona fide reductions in the County’s own 

cost of operating the Airport, recognizing that not all Financial Offers will 

include all types of payments. The discount rate used is expected to 

approximate the County’s own long-term cost of capital, however the County 

retains full and absolute discretion in establishing the discount rate and any 

additional risk premiums, and in weighting, discounting and/or otherwise 

considering any proposed payment stream that may not be absolute, fixed or 

certain, including without limitation, any risks, concerns or possible mitigating 

factors that the County believes may be associated with the subject payment 

stream.

f. Criteria Weights

The following is a list of the criteria that will be used in the evaluation of the 

proposals and their relative weights shown as a percentage of the total value.

CRITERIA Points

Technical Proposal

Part I - Core General Aviation Airport Operation and Management

50

a Qualifications

b Approach to Gwinnett County Airport-Briscoe Field

c Community Involvement Plan

d Demonstrated Financial and Expertise Capability to Operate 

and Manage the Airport

Part II – Short-Term Airport Development Plan

30

a Qualifications

b Approach to Gwinnett County Airport-Briscoe Field

c Demonstrated Feasibility of the Plan and Capability to Execute 

the Plan

Part III – Strategic Enhancement (“Vision”) of the Airport

20

a Qualifications

b Approach to Gwinnett County Airport-Briscoe Field

c Demonstrated Feasibility of the Plan and Capability to Execute 

the Plan

Sub-Total 100

Financial Offer (to be submitted in a separate sealed envelope) 20 Proposed Fee Schedule and lease Terms

TOTAL 120
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 24

The Technical Proposals will be evaluated in order to select the firms which rate 

highest according to the criteria elaborated above. The selection committee may 

then short list the highest scoring firms.

The Financial Offer of the short listed firm(s) will then be opened and scored. 

The highest scoring firms may be selected at this point or the committee may 

invite a number of the highest scoring firms to interview. The number of firms 

short listed and interviewed, if any, will be at the discretion of the selection 

committee.

If an interview is requested, it will be worth an additional 25 points in the 

selection process. The firms will be responsible for any cost associated with the 

request for additional information and/or an interview. Based upon the results of 

the proposal scoring, the County will negotiate with the firm ranked highest in an 

attempt to reach agreement. If negotiations with the highest ranked firm are 

unsuccessful the County may then negotiate with the second ranked firm and so 

on until a satisfactory agreement has been reached or the County may terminate 

the process.

g. Respondent Costs and County Rights

All costs and expenses incurred by the Respondent relating to the preparation of 

the Proposals will be borne by the Respondent. The County is not liable to pay 

any costs or expenses to Respondent under any circumstance including the 

rejection of any or all Proposals and/or the cancellation of this process.

The County has the right at its sole discretion to reject any and all of the 

Proposals, to accept any Proposal, and to elect not to proceed with this process. 

This RFP does not constitute an offer of any nature or kind whatsoever by the 

County to any or all of the Respondents.

h. Amendment to this Request for Proposals

The County may in its discretion amend the terms and conditions of this RFP. 

For this purpose the County will issue amendments to this RFP which will be 

provided in writing to all registered Respondents that solicited this RFP. 

Respondents must acknowledge in writing receipt of the amendment(s) in their 

proposal on the firm information page.

i. Clarification and Investigation of Proposal

The County reserves the right to request clarifications of the contents of any 

Proposal and further investigate its content. The County may require some or all 

Respondents to submit supplementary information clarifying any matters 

contained in their Proposals. This supplementary information will be considered 

an integral part of the Proposal. The request from the County will be in writing 

and all responses from Respondents should be in the same manner. Requests 

from the County will come from the Purchasing Office.

The County may make such investigations as it deems necessary to determine 

the ability of the Respondent to perform, and the Respondent shall furnish to the 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 25

County all such information and data for this purpose as the County may 

request. The County reserves the right to reject any Submittal if the evidence 

submitted by, or investigation of, such Respondent fails to satisfy the County that 

such Respondent is properly qualified to carry out the obligations of the 

Agreement. The County also reserves the right to reject or accept any or all 

Submittals and to waive technicalities, informalities and minor irregularities in the 

Submittals received.

j. Respondent Consent to the Terms of this RFP

By submitting a Proposal, the Respondent agrees to abide by all the terms and 

conditions herewith established.

IV. CONCLUSION

The County recognizes and appreciates the considerable effort your firm will undertake in 

developing your Proposals, and is committed to the conduct of an exceptionally fair, 

methodical and efficient process. The County welcomes your Proposal and looks forward 

to the successful conclusion of this promising competition.

END 

ATTACHMENTS

Attachment A: Firm Information Page

Attachment B: Code of Ethics Affidavit

Attachment C: Certificate of Non-Collusion 

Attachment D: Non-Conflict of Interest Certification

Attachment E: References

Exhibit A : Insurance Requirements

Exhibit B: Potential Principles of the PPP Agreement

Exhibit C: General Instructions For Proposers, Terms And Conditions

Exhibit D: Description of the airport premises & operational performance

Exhibit E: 2010-2015 CIP

Exhibit F: Airport Revenue Sources
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 26

ATTACHMENT A

FAILURE TO RETURN THIS PAGE AS PART OF PROPOSAL DOCUMENT MAY RESULT IN REJECTION OF 

PROPOSAL

FIRM INFORMATION PAGE

The undersigned acknowledges receipt of the following addenda, listed by number and date 

appearing on each:

Addendum No. Date Addendum No. Date

 

 

 

In compliance with the attached specifications, the undersigned offers and agrees, if this bid is 

accepted by the board of commissioners within one hundred twenty (120) days of the date of 

bid opening, to furnish any or all of the items upon which prices are quoted within the time 

specified in the proposal fee schedule. 

Legal Business Name

(If your company is an LLC, you must identify all principals to include addresses and phone numbers in your 

submittal)

Federal Tax ID 

 

Address 

Does your company currently have a location within Gwinnett County? Yes No 

Representative Signature

 

Print Authorized Representative's Name

Telephone Number Fax Number 

E-Mail Address 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 27

ATTACHMENT B

Public-Private Partnership for the Lease, Operation 

and Improvement of Gwinnett County Airport-Briscoe Field RP039-11

CODE OF ETHICS AFFIDAVIT

(THIS FORM SHOULD BE FULLY COMPLETED AND RETURNED WITH 

YOUR SUBMITTAL AND WILL BE REQUIRED PRIOR TO EVALUATION)

In accordance with Section 60-33 of the Gwinnett County Code of Ordinances the undersigned 

bidder/proposer makes the following full and complete disclosure, under oath, of the name(s) 

of all elected officials whom it employs or who have a direct or indirect pecuniary interest in or 

with the bidder/proposer, its affiliates or its subcontractors: 

 No information to disclose

 Disclosed information below (if additional space if required, please attach list)

__________________________________

Elected Official Name

 

__________________________________

Elected Official Name

 

__________________________________

Elected Official Name 

__________________________________

Business Entity Name

BY:________________________________ Sworn to and subscribed before me this

Signature of Affiant _______day of ______________, 20_____.

___________________________________ ___________________________________

Name – Typed or printed Notary Public

(Seal)

___________________________________

Title

Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 60-33. The ordinance will be available to 

view in its’ entirety at www.gwinnettcounty.com

Code of Ethics Affidavit 11.29.11
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 28

ATTACHMENT C

FAILURE TO RETURN THIS PAGE AS PART OF PROPOSAL DOCUMENT MAY RESULT IN REJECTION OF 

PROPOSAL

CERTIFICATION OF NON-COLLUSION IN PROPOSAL PREPARATION

Now here appeared before the undersigned officer duly authorized by the State of Georgia to administer 

oaths______________________________________________and after being first duly sworn, depose 

and say that, they are all the officers, agents, persons or employees who have acted for 

(Company Name) on the A Public-Private Partnership for the Lease, Operation and Improvement 

of Gwinnett County Airport-Briscoe Field and that said has not by (himself, 

themselves) or through any persons, officers, agents or employees prevented or attempted to prevent by 

any means whatsoever, competition in such bidding; or by any means whatever prevented or endeavored 

to prevent anyone from making a bid therefore, or induced or attempted to induce another to withdraw 

bid from said work.

BY: ______________________________________

Signature of Affiant

 ________________________________________

Name – Typed or printed

 ________________________________________

Title

Sworn to and subscribed before me this

_______ Day of ______________, 20 .

Notary Public

(Seal)

Note: See OCGA § 36-91-21 (e)
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 29

ATTACHMENT D

FAILURE TO RETURN THIS PAGE AS PART OF PROPOSAL DOCUMENT MAY RESULT IN REJECTION OF 

PROPOSAL

GWINNETT COUNTY 

DEPARTMENT OF TRANSPORTATION 

NON-CONFLICT OF INTEREST CERTIFICATION 

I, , as the legal representative of , do certify that we will not perform any type 

of engineering services for property owners adjacent or contiguous to any road project 

assigned by Gwinnett County, during the active life of such project, without prior approval by 

Gwinnett County. Further, I additionally certify that if we already have an engineering 

Contract(s) with property owner(s) adjacent or contiguous to a road project assigned to 

Gwinnett County, we will notify Gwinnett County and will either reject the County assignment, 

or cancel the property owner already in effect if so directed by the Gwinnett County Board of 

Commissioners. In no case will our firm utilize our knowledge of on-going Gwinnett County 

Road Improvement Programs for professional gain, during the active life of such program. 

NAME 

TITLE 

DATE 

WITNESS: 

NAME 

TITLE 

DATE 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 30

ATTACHMENT E

FAILURE TO RETURN THIS PAGE AS PART OF PROPOSAL DOCUMENT MAY RESULT IN REJECTION OF 

PROPOSAL

REFERENCES

Gwinnett County requests a minimum of three, (3) references where work of a similar size and scope 

has been completed.

1. Company Name 

Brief Description Of Project 

Completion Date 

Contact Person 

Telephone Facsimile

E-Mail Address 

2. Company Name 

Brief Description Of Project 

Completion Date 

Contact Person 

Telephone Facsimile

E-Mail Address 

3. Company Name 

Brief Description Of Project 

Completion Date 

Contact Person 

Telephone Facsimile

E-Mail Address 

Company Name 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 31

Exhibit A

INSURANCE REQUIREMENTS

1. Statutory Workers' Compensation Insurance (If required by Georgia Law):

(a) Employers Liability:

Bodily Injury by Accident - $100,000 Each Accident

Bodily Injury by Disease - $500,000 Policy Limit

Bodily Injury by Disease - $100,000 Each Employee

2. Auto Liability Insurance

(a) Not less than $1,000,000 Limit of Liability per Occurrence for Bodily Injury and 

Property Damage

(b) Comprehensive Form Covering all Owned, Non-Owned, Leased, Hired, and 

Borrowed Vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

(e) No exclusions for Airport Exposures

If your business does not own any automobiles, you still need to carry non-owned and 

hired insurance.

3. Property Insurance: The leasee shall procure and maintain Property Insurance which 

provides "All Risk" coverage including earthquake and flood, collapse, transit coverage, 

boiler and machinery including operational testing and startup, debris removal, demolition 

occasioned by enforcement of Laws and Regulations, water damage, resultant damage 

from faulty workmanship or materials or errors in design. The policy shall include no 

exclusion for foundations or underground pipes, tanks, or machinery. The limit of 

insurance will be for the amount necessary to cover 100% of building and contents on a 

replacement cost basis. Business Interruption should be carried at the limit determined by 

the Business Interruption Worksheet.

4. Airport Liability Insurance:

(a) Not Less than $50,000,000 Combined Single Limit Bodily Injury and Property 

Damage.

(b) Not Less than $50,000,000 Combined Single Limit Bodily Injury and Property 

Damage for Products and Completed Operations Liability.

(c) The Following Additional Coverages Must Apply:

* Additional Insured Endorsement

* Contractual Liability

* Severability of Interest 

* Personal Injury

(d) Not less than $5,000 for medical expense any one person.

5. Environmental Impairment Liability (Pollution Liability): $1,000,000 Limit of Liability per 

Occurrence for Bodily Injury and Property Damage for anyone having stationary fuel 

tanks, portable fuel tanks, waste oil tanks and drums of chemicals.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 32

6. Aircraft Liability: Not less than $5,000,000 Combined Single Limits Bodily Injury and 

Property Damage, Limited to $100,000 per Seat Passenger legal Liability if the 

Business owns any aircraft.

7. Hangarkeepers’ Legal Liability and Non-Owned Aircraft Liability: $50,000,000 limit per 

occurrence and any one aircraft for hangarkeepers’ liability and $50,000,000 per 

occurrence for now-owned aircraft liability.

8. Gwinnett County Board of Commissioners and the Airport Advisory Group Committee 

should be shown as an additional insured on Aircraft Liability, Airport Liability, 

Environmental Impairment Liability (Pollution Liability), Hangarkeepers’ Liability, and 

Automobile Liability policies that are required as above.

9. The cancellation provision should provide 60 days notice of cancellation.

10. Certificate Holder should read: 

Gwinnett County Board of Commissioners

75 Langley Drive

Lawrenceville, GA 30046-6900 

 and 

Airport Advisory Group Committee

600 Briscoe Boulevard

Lawrenceville, GA 30046

11. Insurance Company, except Workers' Compensation carrier, must have an A.M. Best 

Rating of A-6 or higher. 

12. Insurance Company shall be licensed to do business by the Georgia Department of 

Insurance.

13. Certificates of Insurance, and any subsequent renewals, must reference specific lease.

14. The Leasee shall agree to provide complete certified copies of current insurance 

policy(ies) if requested by the County to verify their compliance with these minimum 

insurance requirements.

15. All minimum insurance coverages required to be provided by the Leasee will be primary 

over any insurance program carried by the County.

16. No Leasee shall commence any work of any kind, or participate on Airport property, 

until all minimum insurance requirements contained in this lease have been complied 

with.

17. The Leasee shall agree to waive all rights of subrogation against the Airport 

Advisory Group Committee, Gwinnett County, the Board of Commissioners, its officers, 

officials, employees, or volunteers from losses arising from the issue of this lease.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 33

18. The Leasee shall make available to the County, through its records or records of their 

insurer, information regarding a specific claim. Any loss run information available from 

the Leasee or their insurer will be made available to the County upon request.

19. Compliance by the Leasee with the foregoing requirements as to carrying minimum 

insurance shall not relieve the Leasee of their liability provisions of the lease.

20. The Leasee is to comply with the FAA, EPA, OSHA and any other laws that may apply 

to this lease.

21. The Leasee shall, at a minimum, apply risk management practices accepted by the 

Leasee’s industry.

22. The County reserves the right to amend the minimum standards for insurance at any 

time, based on the increase in legal liability exposures and the availability of insurance 

coverages and limits.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 34

EXHIBIT B

Potential Principles of the PPP Agreement

The following is a roster of potential principles that may be embodied in the final PPP 

Agreement to be negotiated with the successful Respondent. Note that these principles 

are included merely as directional indicators of what the County is currently 

considering for the Agreement. Accordingly, the actual principles, wording and 

provisions of the Agreement will likely vary from and be more detailed than those listed 

below.

Term of the lease: up to 50 Years, including any options for renewal or extension at any time 

during the initial term.

Commencement Date: After FAA approval of Final Application for Exemptions under the 

Federal Airport Privatization Pilot Program (subject provision may be waived by the County at 

its discretion), and any required approval by the State of Georgia. 

Termination and the Pilot Program: The County may terminate the Agreement if Pilot 

Program exemptions granted to the County are revoked or rescinded by the FAA as a result of 

any action of the Private Operator.

Termination in Event of Economic Failure: If, during the first 10 years of the Agreement the 

gross income of the airport falls below a critical operational level (to be specified in the 

Agreement) through no fault of the Private Operator, then either the County or the Private 

Operator may terminate the Agreement provided such termination will not result in financial 

loss to the County.

Change of Law Impacting Financial Viability: In the event that there are changes in laws 

and/or regulations which substantially increase the Private Operator’s expenses in fulfilling its 

obligations under the lease to a level that is demonstrably uneconomic to support its continued 

operation of the Airport, then the Private Operator may seek renegotiation or termination of the

Agreement. 

Force Majeure Termination: In the event that the Private Operator’s ability to operate the 

Airport is substantially impaired (to the point of rendering the airport demonstrably uneconomic 

to support its continued operation) as a result of an act of Force Majeure, then the Private 

Operator may seek renegotiation or termination of the agreement. 

Non-Reimbursement Upon Termination for Uncontrollable Events: In the event that the 

Private Operator exercises any of these above-described options to terminate the Agreement, 

the County shall not be obligated to reimburse the Private Operator for any capital investment 

on the Property and the Private Operator shall not be entitled to any compensation of any kind 

from the County except for specific facilities identified in the Agreement.

Airport Property: The leased premises encompass all Airport property as identified in the 

Agreement.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 35

Airport Condition: The Private Operator accepts the premises in its present “as is” condition, 

except for claims relating to breaches of the express representations and warranties set forth 

in the Agreement, i.e., undisclosed known defects. 

Operation of the Airport: The Private Operator agrees to operate and use the Airport as a 

public airport and perform all work and furnish all services and equipment in accordance with 

all applicable laws and requirements of the FAA and the State of Georgia. The Private 

Operator may utilize the premises for other purposes permitted by Georgia law and the rules 

and regulations of the FAA, unless prohibited under the terms of the Agreement. 

Prohibited Use: The Private Operator may not use, operate or develop the premises, or any 

portion thereof, without obtaining the written consent of the County (in its sole discretion), for 

the prohibited activities listed in the Agreement.

Public Use: The Private Operator is obligated to use and maintain the Airport and make all 

facilities available for public use on fair and reasonable terms without unjust discrimination in 

accordance with the regulations of the FAA and the State of Georgia.

Safety and Security: The Private Operator will provide safety and security at the Airport at 

levels consistent with FAA, County and State of Georgia requirements, and will offer to the 

County an opportunity to propose a contract for it to provide security services at the Airport 

under competitive terms. 

Environmental Care: The Private Operator agrees to comply with all reasonable 

requirements imposed by the County with respect to the adverse effects of noise and on the 

environment from the operation of the Airport that are necessary to achieve the objective of 

mitigating such to the same extent as at a public airport, as required under the Federal Airport 

Privatization Pilot Statute. The Private Operator shall promptly comply with all applicable 

Environmental Laws. 

Impositions: The Private Operator shall pay all impositions - defined as all taxes, excluding 

ad valorem real property taxes assessed on the premises except as listed in the Agreement. 

If ad valorem real property taxes are assessed on the premises or leasehold improvements, 

the County may terminate and cancel the lease unless the Private Operator agrees to include 

such assessment as an imposition, or the County may pay the amount of the taxes per the 

Agreement. 

Right of First Refusal on Airport Sale: The County agrees not to sell the leased premises 

unless it has first offered to sell the property to the Private Operator on the same terms and 

conditions offered by any other person acceptable to the County. 

Capital Improvements: The Private Operator must submit a Capital Improvement Plan (CIP) 

as part of the Final Application filed with the FAA for the Privatization Pilot Program. The 

County is not responsible to pay from General Fund revenues for any portion of the cost of 

capital improvements made and constructed during the term of the lease. The Private 

Operator must prepare and file with the FAA a CIP within five (5) years of any previously 

submitted CIP. No CIP may be adopted or implemented without County’s written consent, 

which may not be unreasonably withheld. 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 36

CIP Review Expense: The Private Operator must pay the County all reasonable expenses for 

reviewing and approving all capital improvements, up to a specified maximum amount or

percentage of revenues. 

After-Expiration Amortization Period: If the amortization period of any capital investment 

made by or at the direction of the Private Operator expires after the Scheduled Expiration 

Date, the Private Operator and other users may not make any such capital investment without 

the prior written consent of the County, which consent may be granted or denied in the sole 

discretion of County or waive any rights to compensation for the unammortized amounts.

Demolition and Alteration of County Assets on the Airport: The Private Operator may not 

demolish or materially alter (change the use of) any existing asset owned by the County 

without the consent of the County which consent may not be unreasonably withheld. During 

the last ten years of the term of the lease, the Private Operator may not demolish any 

improvements it has constructed without the consent of the County which may not be 

unreasonably withheld. 

End-of-lease Reconciliation: Upon the Scheduled Expiration Date or earlier termination of 

the Agreement at the County’s discretion, other than an early termination resulting from a 

default, or as a result of a governmental taking or a termination, the County and the Private 

Operator shall mutually agree upon a schedule pursuant to which the County shall reimburse 

the Private Operator for any unamortized capital investment made by the Private Operator with 

the consent of the County. In no event shall the County be responsible to make any payments 

for unamortized capital investments for any amount paid in whole, or in part, with Federal, 

State, or local grant funds or aid or with funds provided by any entity other than the Private 

Operator, the Private Operator’s lenders and equity participants in any capital investments on 

the leased premises. 

Maintenance and Repair: The Private Operator is responsible for all maintenance and repair 

obligations, including replacements of all improvements and systems as necessary during the 

term of the lease, except (1) extraordinary maintenance and repair directed by the County; (2) 

repairs and replacements to the roadbed and the utilities, lighting, drainage, sewerage 

facilities and storm water facilities of access roads and other transportation facilities 

traditionally maintained by the County. The Private Operator is responsible to repair or rebuild 

any damaged buildings with available insurance proceeds or if such proceeds are not 

available or sufficient through use of its own funds. The County is not responsible to restore 

any damaged buildings, etc., except for those improvements, if any, which the County is 

obligated to maintain and repair under the terms of the Agreement.

Reporting to the County: The Private Operator must submit to the County an annual written 

Airport Economic Development and Marketing Plan for the subsequent five years. The initial 

plan must be submitted no later than 90 days after the Commencement Date.

Operator As County’s Agent: The Private Operator shall be considered by the FAA as a 

“resident agent” of the County for purposes of conforming to the Assurances. Where the 

County must provide Assurances, the Private Operator has the responsibility for complying to 

the extent that the Private Operator can reasonably control such compliance. The County 

reserves the right and authority to ensure the premises will be operated and maintained in 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 37

accordance with all FAA Agreements and Assurances; nevertheless, the Private Operator has 

the primary responsibility for compliance with FAA Agreements and Assurances. 

Maintenance of FAA Pilot Program Requrements: The Private Operator agrees to maintain 

the exemptions granted by the FAA under the Pilot Program and the rules and regulations 

promulgated thereunder. FAA is granted third party beneficiary rights to all obligations of the 

Private Operator in order to insure compliance with the requirements of the Pilot Program. If 

the County, with the concurrence of the FAA, or the FAA in its sole and absolute discretion, 

determines that any condition exists which threatens the continuous, uninterrupted, safe 

operation of the Airport, then the County and/or the FAA are authorized to take any action 

necessary to assure the continuous, uninterrupted, safe operation of the Airport.

Indemnity: The Private Operator shall defend, indemnify and hold forever harmless the 

County and its commissioners, officers, employees, agents, and representatives from and 

against all liabilities, damages, costs and reasonable expenses (including reasonable 

attorneys’ fees) asserted against the County by reason of any accident, injury to or death of 

any person, or loss of or damage to property, occurring on or off the premises, resulting from 

the Private Operator’s occupancy or use of the premises, except for the County's own acts of 

intentional fault or negligence. The Private Operator agrees to maintain at its expense 

throughout the term of the lease all necessary airport liability, workers’ compensation, 

employers liability, business interruption, fire, flood and casualty insurance. The County is to 

be named as protected (additional insured, etc.) under all policies. All property insurance must 

provide coverage on a replacement cost basis. The Private Operator assumes all 

responsibility for the condition of the premises, the buildings and any improvements thereon, 

and the County will not be liable for injuries or damages caused by any defect therein or from 

any cause whatsoever to any person on the premises.

Current Airport Employees: The Private Operator agrees to interview Airport employees for 

available positions at the Airport not later than during the period between the Effective Date 

and the Commencement Date and to give Airport employees due consideration for available 

positions. 

Existing Agreements: The lease is entered into subject to the existing leases, contracts, 

agreements and subject to all new leases, contracts and other agreements entered into by the 

County, with the approval of the Private Operator, which may not be unreasonably withheld, 

between the date of the execution of the lease and the Commencement Date. Upon 

termination of the lease, the County will have the right, but not the obligation, to assume any 

or all of the then existing agreements with respect to the premises, unless previously 

consented to by the County.

Representations: The County will represent and warrant that it is not in default under any of 

the existing agreements; that after due inquiry, the County is not knowingly in violation of any 

law, statute, building code, etc. of a governmental authority having jurisdiction over the 

premises; that to the best knowledge of the appropriate staff of the County, after due inquiry, 

the improvements are in material compliance with all laws, ordinances, etc. and there are no 

material inadequacies nor material damage to the improvements on the premises; and, that as 

of the Commencement Date the improvements on the premises shall be in the same 

condition, ordinary wear and tear excepted, as they were on the date of execution of the lease.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 38

Financial Capacity of the Operator: The Private Operator warrants that it has the financial 

resources to meet its obligations under the lease.

Transfer of the lease: The Private Operator may not sell, convey, transfer or assign, by 

operation of law or otherwise, the lease, or any part thereof, or any rights created thereby, nor 

enter into any management agreement with respect to the premises, or any part thereof, 

without (1) the prior written consent of the County, which may not be unreasonably withheld, 

and (2) if required, pursuant to 49 U.S.C. § 47134, without the prior written consent of the 

FAA. The County reserves the right to impose a reasonable transfer fee equal to County’s 

actual, reasonable cost to review any such assignment or management agreement, up to an 

amount specified in the Agreement.

Sublease and Mortgage: The Private Operator may not sublease the premises or any part 

thereof, by operation of law or otherwise, without the prior written consent of the County, which 

may not be withheld arbitrarily or capriciously. No attempt may be made to avoid payment of 

Percentage Rent whether by minimizing Gross Income or otherwise. 

Rates and Charges: In accordance with the requirements of the FAA, the Private Operator 

may only increase all landing, rental, parking, or any other fees and/or charges imposed at the 

premises, subject to the limitations provided under 49 U.S.C. §47134(c)(4) & (5). 

Marketing: The Private Operator agrees to take all reasonable measures to maintain, 

develop, market, advertise and increase the business conducted by it at the Airport. 

Entry and Inspection Rights: The County has the right at all times upon adequate notice to 

enter upon the premises for the purpose of inspection and for doing any act which the County 

may be obligated or have the right to do under the lease, except in cases of emergency, in 

which case no notice shall be necessary.

Assurances: The County also retains under its control final assurance of FAA/AIP Regulatory 

and Grant Assurance Compliance; enforcement of all of the required terms for the Airport’s 

successful participation in the FAA Privatization Pilot Program; issuance of indebtedness by 

the County; and, Wetlands and Environmental Mitigation Policy. The Private Operator shall be 

responsible, at its sole cost, for compliance with the Americans With Disabilities Act.

Reversion: The lease will contain a standard “reversion” clause under which the Private 

Operator agrees to surrender to the County possession and ownership of all buildings, 

structures, improvements, additions, and other installations, without payment or compensation 

of any kind, free and clear of all liens and subleases, except for those created or consented to 

hereafter by the County, on the day of termination of the lease.

Licenses and Applications: The County and the Private Operator agree to jointly and 

promptly file, and diligently prosecute, the required Application for Exemptions under the Pilot 

Program. The Private Operator agrees to obtain all necessary licenses, certificates and 

permits and to comply with all present and future laws, rules and regulations applicable to the 

operation of the Airport.

Private Operator Default: The County shall have the right to terminate the lease, and seek 

any other legal and equitable remedies as may be available under applicable law or the 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 39

provisions of the lease, if the Private Operator breaches any of its obligations, subject to the 

requirement that the County provide written notice of its intention to terminate, and the Private 

Operator shall have the opportunity to cure within a period to be specified in the Agreement, or 

if the Private Operator is diligently proceeding to cure the same and such cure reasonably 

requires additional time, such additional necessary time, or within such longer or shorter time 

(cure period) as provided in the Agreement. At any time the Private Operator is generally not 

paying its debts or acknowledges its insolvency, or the County review of financial information 

indicates the material potential for insolvency, the County may suspend the lease for a period, 

and enter, use and operate the premises or engage an operator to operate the premises 

during the period of suspension. 

Non-Discrimination and Diversity: The lease will contain provisions requiring compliance 

with all applicable federal and state civil rights legislation. Moreover, the Private Operator 

agrees to assist the County in meeting its overall goals for participation by DBE individuals or 

businesses in connection with services performed and supplies provided by contractors and 

vendors in the operation of the Airport, and agrees to designate a person on its On-Airport 

Staff to oversee compliance with any contract provisions relating to DBE participation that may 

be required by law.

Disputes: If there is any dispute relating to the lease between the parties, except for failure to 

pay the rent for which the County may institute legal proceedings, representatives of the 

parties shall meet and enter into good faith negotiations aimed at curing the dispute. 

Airport Roads: The Private Operator agrees to keep the public roads located on the Airport 

open, without any charge, toll, etc., for use by the County, its employees, agents, 

representatives and tenants and the general public during the term of the lease. 

Letters of Credit or Performance Bond: The Private Operator shall deliver to the County an 

irrevocable Letter of Credit, or similar performance bond as security for the payment and 

performance by the Private Operator of the Private Operator's obligations under the 

Agreement should there be an event of default and monetary damages are due the County. 

In lieu of a Letter of Credit, the Private Operator may with the consent of the County deposit 

with a Federally Insured Banking Institution in Gwinnett County cash in an amount equal to the 

amount of the Letter of Credit. 

Reporting: The Private Operator shall provide the County with Quarterly and Annual Financial 

Statements and an Annual Report on the state of the Airport. 

Audit Rights: Upon adequate written notice, the Private Operator shall permit, during 

ordinary business hours, the examination, copying and audit by the County of all records, 

books and accounts. If the Private Operator fails to provide records and information in 

accordance with this Agreement, or if any of such records and information provided are 

materially inaccurate or fraudulently prepared, then the Private Operator shall pay the 

reasonable costs and expenses of any audit. The FAA and any other Governmental Authority 

shall have the right to audit Private Operator’s operations, to evaluate the Private Operator’s 

internal control system and to engage independent accounting firms to conduct periodic audits 

including audits of revenues and expenses of the operation of the Airport.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 40

EXHIBIT C

GWINNETT COUNTY DEPARTMENT OF FINANCIAL SERVICES – PURCHASING DIVISION

GENERAL INSTRUCTIONS FOR PROPOSERS, TERMS AND CONDITIONS

I. PREPARATION OF PROPOSALS

A. Each proposer shall examine the drawings, specifications, schedule and all instructions. Failure to do so 

will be at the proposer’s risk.

B. Each proposer shall furnish all information required by the proposal form or document. Each proposer shall 

sign the proposal and print or type his or her name on the schedule. The person signing the proposal must 

initial erasures or other changes. An authorized agent of the company must sign proposals.

C. Individuals, firms and businesses seeking an award of a Gwinnett County contract may not initiate or 

continue any verbal or written communications regarding a solicitation with any County officer, elected 

official, employee or other County representative without permission of the Purchasing Associate named in 

the solicitation between the date of the issuance of the solicitation and the date of the final contract award 

by the Board of Commissioners. Violations will be reviewed by the Purchasing Director. If determined 

that such communication has compromised the competitive process, the offer submitted by the individual, 

firm or business may be disqualified from consideration for award.

D. Sample contracts (if pertinent) are attached. These do NOT have to be filled out with the bid/proposal 

submittal, but are contained for informational purposes only. If awarded, the successful proposer(s) will be 

required to complete them prior to contract execution.

E. In accordance with the Georgia Illegal Reform and Enforcement Act of 2011, an original signed, notarized 

and fully completed Contractor Affidavit and Agreement should be included with your bid/proposal 

submittal, if applicable. Failure to provide the Contractor Affidavit and Agreement with your bid/proposal 

submittal may result in bid/proposal being deemed non-responsive and automatic rejection.

F. Gwinnett County is dedicated to promoting the local economy and contributing to the success of our 

businesses and citizens. We are interested in doing business with vendors that have a positive local impact 

and support this mission. As outlined in the Proposal Submission Instructions, vendors should submit a 

one-page informational narrative describing their firms’ contributions to the local economy. 

 

II. DELIVERY

A. Each proposer should state time of proposed delivery of goods or services.

B. Words such as “immediate,” “as soon as possible,” etc. shall not be used. The known earliest date or the 

minimum number of calendar days required after receipt of order (delivery A.R.O.) shall be stated (if 

calendar days are used, include Saturday, Sunday and holidays in the number).

III. EXPLANATION TO PROPOSERS

Any explanation desired by a proposer regarding the meaning or interpretation of the request for proposals, 

drawings, specifications, etc. must be requested by the question cutoff deadline stated in the solicitation in order for a 

reply to reach all proposers before the close of the proposal. Any information given to a prospective proposer 

concerning a request for proposal will be furnished to all prospective proposers as an addendum to the invitation if 

such information is necessary or if the lack of such information would be prejudicial to uninformed proposers. The 

written proposal document supersedes any verbal or written communication between the parties. Receipt of addenda 

should be acknowledged in the proposal. It is the proposer’s responsibility to ensure that they have all 

applicable addenda prior to proposal submittal. This may be accomplished via contact with the assigned 

Procurement Agent prior to proposal submittal.

IV. SUBMISSION OF PROPOSALS

A. Proposals shall be enclosed in a sealed package, addressed to the Gwinnett County Purchasing Office with 

the name and address of the proposer, the date and hour of opening, and the request for proposal number on 

the face of the package. Telegraphic/faxed proposals will not be considered. Any addenda should be 

enclosed in the sealed envelopes as well.

B. ADD/DEDUCT: Add or deduct amounts indicated on the outside of the envelope are allowed and will be 

applied to the lump sum amount. Amount shall be clearly stated and should be initialed by an authorized 

company representative.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 41

C. Samples of items, when required, must be submitted within the time specified and, unless otherwise 

specified by the County, at no expense to the County. Unless otherwise specified, samples will be returned 

at the proposer’s request and expense if testing does not destroy items.

D. Items offered must meet required specifications and must be of a quality that will adequately serve the use 

and purpose for which intended.

E. Full identifications of each item proposed, including brand name, model, catalog number, etc. must be 

furnished to identify exactly what the proposer is offering. Manufacturer’s literature may be furnished.

F. The proposer must certify that items to be furnished are new and that the quality has not deteriorated so as 

to impair its usefulness.

G. Unsigned proposals will not be considered except in cases where proposal is enclosed with other documents 

that have been signed. The County will determine this.

H. Gwinnett County is exempt from federal excise tax and Georgia sales tax with regard to goods and services 

purchased directly by Gwinnett County. Suppliers and contractors are responsible for federal excise tax and 

sales tax, including taxes for materials incorporated in county construction projects. Suppliers and 

contractors should contact the State of Georgia Sales Tax Division for additional information.

I. Information submitted by a proposer in the proposal process shall be subject to disclosure after proposal 

award in accordance with the Georgia Open Records Act. Proprietary information must be identified. 

Entire proposals may not be deemed proprietary.

V. WITHDRAWAL OF PROPOSAL DUE TO ERRORS

No proposer who is permitted to withdraw a proposal shall, for compensation, supply any material or labor or 

perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or 

otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn proposal was 

submitted.

To withdraw a proposal after proposal opening, the supplier has up to forty-eight (48) hours to notify the Gwinnett 

County Purchasing Office of an obvious clerical error made in calculation of proposal. Withdrawal of bid bond for 

this reason must be done in writing. Suppliers who fail to request withdrawal of proposal by the required forty-eight 

(48) hours shall automatically forfeit bid bond. Bid bond may not be withdrawn otherwise.

Proposal withdrawal is not automatically granted and will be allowed solely at Gwinnett County’s discretion.

VI. TESTING AND INSPECTION

Since tests may require several days for completion, the County reserves the right to use a portion of any supplies 

before the results of the tests are determined. Cost of inspections and tests of any item that fails to meet the 

specifications shall be borne by the proposer.

 

VII. F.O.B. POINT

Unless otherwise stated in the request for proposal and any resulting contract, or unless qualified by the proposer, 

items shall be shipped F.O.B. Destination. The seller shall retain title for the risk of transportation, including the 

filing for loss or damages. The invoice covering the items is not payable until items are delivered and the contract of 

carriage has been completed. Unless the F.O.B. clause states otherwise, the seller assumes transportation and related 

charges either by payment or allowance.

VIII. PATENT INDEMNITY

The contractor guarantees to hold the County, its agents, officers or employees harmless from liability of any nature 

or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, 

articles or appliances furnished or used in the performance of the contract, for which the contractor is not the 

patentee, assignee or licensee.

 

IX. BID BONDS AND PAYMENT AND PERFORMANCE BONDS (IF REQUIRED)

A five percent (5%) bid bond, a one hundred percent (100%) performance bond, and a one hundred percent (100%) 

payment bond shall be furnished to Gwinnett County for any proposal as required in proposal documents. Failure to 

submit appropriate bonding will result in automatic rejection of proposal. Bonding company must be authorized to 

do business in Georgia by the Georgia Insurance Commission, listed in the Department of Treasury’s publication of 

companies holding certificates of authority as acceptable surety on Federal bonds and as acceptable reinsuring 

companies, and have an A.M. Best rating as stated in the insurance requirements of the solicitation.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 42

X. DISCOUNTS

A. Time payment discounts will be considered in arriving at net prices and in award of proposal. Offers of 

discounts for payment within ten (10) days following the end of the month are preferred.

B. In connection with any discount offered, time will be computed from the date of delivery and acceptance at 

destination, or from the date correct invoice or voucher is received, whichever is the later date. Payment is 

deemed to be made for the purpose of earning the discount, on the date of the County check.

XI. AWARD

A. Award will be made to the highest scoring responsive and responsible proposer according to the criteria 

stated in the proposal documents. The County may make such investigations as it deems necessary to 

determine the ability of the proposer to perform, and the proposer shall furnish to the County all such 

information and data for this purpose as the County may request. The County reserves the right to reject 

any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the County that 

such proposer is properly qualified to carry out the obligations of the contract.

B. The County reserves the right to reject or accept any or all proposals and to waive technicalities, 

informalities and minor irregularities in the proposals received.

C. The County reserves the right to make an award as deemed in its best interest, which may include awarding 

a proposal to a single proposer or multiple proposers; or to award the whole proposal, only part of the 

proposal, or none of the proposal to single or multiple proposers, based on its sole discretion of its best 

interest.

D. In the event scores rounded to the nearest whole number result in a tie score, the award will be based on 

lowest cost.

E. In the event that negotiations with the highest ranked firm are unsuccessful the County may then negotiate 

with the second ranked firm and so on until a satisfactory agreement has been reached.

XII. DELIVERY FAILURES

Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing 

Director, or failure to make replacements of rejected articles/ services when so requested, immediately or as directed 

by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market 

articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases,

the contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any 

expense incurred in excess of contract prices, or the County shall have the right to deduct such amount from monies 

owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a 

period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the 

County reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an 

adjustment in price to be determined by the Purchasing Director.

XIII. COUNTY FURNISHED PROPERTY

The County will furnish no material, labor or facilities unless so provided in the RFP.

XIV. REJECTION OF PROPOSALS

Failure to observe any of the instructions or conditions in this request for proposal shall constitute grounds for 

rejection of proposal.

XV. CONTRACT

Each proposal is received with the understanding that the acceptance in writing by the County of the offer to furnish 

any or all of the commodities or services described therein shall constitute a contract between the proposer and the 

County which shall bind the proposer on his part to furnish and deliver the articles quoted at the prices stated in 

accordance with the conditions of said accepted proposal. The County, on its part, may order from such contractor, 

except for cause beyond reasonable control, and to pay for, at the agreed prices, all articles specified and delivered.

Upon receipt of a proposal containing a Gwinnett County “Sample Contract” as part of the requirements, it is 

understood that the proposer has reviewed the documents with the understanding that Gwinnett County requires that 

all agreements between the parties must be entered into via these documents. If any exceptions are taken to any part, 

each exception must be stated in detail and submitted as part of the proposal document. If no exceptions are stated, 

it is assumed that the proposer fully agrees to the “Sample Contract” in its entirety.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 43

When the contractor has performed in accordance with the provisions of this agreement, Gwinnett County shall pay 

to the contractor, within thirty (30) days of receipt of any department approved payment request and based upon 

work completed or service provided pursuant to the contract, the sum so requested, less the retainage stated in this 

agreement, if any. In the event that Gwinnett County fails to pay the contractor within sixty (60) days of receipt of a 

pay request based upon work completed or service provided pursuant to the contract, the County shall pay the 

contractor interest at the rate of 1⁄2% per month or pro rata fraction thereof, beginning the sixty-first (61st) day 

following receipt of pay requests. The contractor’s acceptance of progress payments or final payment shall release 

all claims for interest on said payment.

XVI. NON-COLLUSION

Proposer declares that the proposal is not made in connection with any other proposer submitting a proposal for the 

same commodity or commodities, and that the proposal is bona fide and is in all respects fair and without collusion 

or fraud. Each proposer, if included in proposal documents, shall execute an affidavit of non-collusion. Collusion 

and fraud in bid preparation shall be reported to the State of Georgia Attorney General and the United States Justice 

Department.

XVII. DEFAULT

The contract may be canceled or annulled by the Purchasing Director in whole or in part by written notice of default 

to the contractor upon non-performance or violation of contract terms. An award may be made to the next highest 

rated responsive and responsible proposer, or articles specified may be purchased on the open market similar to 

those so terminated. In either event, the defaulting contractor (or his surety) shall be liable to the County for costs to 

the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the 

performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor 

to deliver materials or services within the time stipulated on his proposal, unless extended in writing by the 

Purchasing Director, shall constitute contract default.

XVIII. TERMINATION FOR CAUSE

The County may terminate this agreement for cause upon ten days prior written notice to the contractor of the 

contractor’s default in the performance of any term of this agreement. Such termination shall be without prejudice to 

any of the County’s rights or remedies by law.

XIX. TERMINATION FOR CONVENIENCE

The County may terminate this agreement for its convenience at any time upon 30 days written notice to the 

contractor. In the event of the County’s termination of this agreement for convenience, the contractor will be paid 

for those services actually performed. Partially completed performance of the agreement will be compensated 

based upon a signed statement of completion to be submitted by the contractor, which shall itemize each element of 

performance.

XX. DISPUTES

Except as otherwise provided in the contract documents, any dispute concerning a question of fact arising under the 

contract which is not disposed of shall be decided after a hearing by the Purchasing Director who shall reduce his/her 

decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Purchasing 

Director shall be final and binding; however, the contractor shall have the right to appeal said decision to a court of 

competent jurisdiction.

XXI. SUBSTITUTIONS:

Proposers offering and quoting on substitutions or who are deviating from the attached specifications shall list such 

deviations on a separate sheet to be submitted with their proposal. The absence of such a substitution list shall 

indicate that the proposer has taken no exception to the specifications contained therein.

XXII. INELIGIBLE PROPOSERS

The County may choose not to accept the proposal of one who is in default on the payment of taxes, licenses or other 

monies owed to the County. Failure to respond three (3) consecutive times for any given commodity may result in 

removal from the list under that commodity. 

XXIII. OCCUPATION TAX CERTIFICATE

Each successful proposer shall provide evidence of a valid Gwinnett County occupation tax certificate if the 

proposer maintains an office within the unincorporated area of Gwinnett County. Incorporated, out of County and 
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 44

out of State proposers are required to provide evidence of a certificate to do business in any town, County or 

municipality in the State of Georgia, or as otherwise required by County ordinance or resolution.

XXIV. PURCHASING POLICY AND REVIEW COMMITTEE:

The Purchasing Policy and Review Committee has been established to review purchasing procedures and make 

recommendations for changes; resolve problems regarding the purchasing process; make recommendations for 

standardization of commodities, schedule buying, qualified products list, annual contracts, supplier performance 

(Ineligible Source List) and other problems or requirements related to Purchasing. The Purchasing Policy and 

Review Committee have authority to place suppliers and contractors on the Ineligible Source List for reasons listed 

in the Gwinnett County Purchasing Ordinance.

XXV. AMERICANS WITH DISABILITIES ACT:

All contractors for Gwinnett County are required to comply with all applicable sections of the Americans with 

Disabilities Act (ADA) as an equal opportunity employer. In compliance with the Americans with Disabilities Act 

(ADA), Gwinnett County provides reasonable accommodations to permit a qualified applicant with a disability to 

enjoy the privileges of employment equal to those employees without disabilities. Disabled individuals must satisfy 

job requirements for education background, employment experience, and must be able to perform those tasks that are 

essential to the job with or without reasonable accommodations. Any requests for reasonable accommodations 

required by individuals to fully participate in any open meeting, program or activity of Gwinnett County should be 

directed to Michael Plonowski, Human Relations Coordinator, 75 Langley Drive, Lawrenceville, Georgia 30046, 

770-822-8015.

XXVI. ALTERATIONS OF SOLICITATION AND ASSOCIATED DOCUMENTS:

Alterations of County documents are strictly prohibited and will result in automatic disqualification of the firm’s 

solicitation response. If there are “exceptions” or comments to any of the solicitation requirements or other 

language, then the firm may make notes to those areas, but may not materially alter any document language.

XXVII. TAX LIABILITY:

Local and state governmental entities must notify contractors of their use tax liability on public works projects. 

Under Georgia law, private contractors are responsible for paying a use tax equal to the sales tax rate on material and 

equipment purchased under a governmental exemption that is incorporated into a government construction project: 

excluding material and equipment provided for the installation, repair, or expansion of a public water, gas or sewer 

system when the property is installed for general distribution purposes. To the extent the tangible personal property 

maintains its character (for example the installation of a kitchen stove), it remains tax-exempt. However, if the 

installation incorporates the tangible personal property into realty, e.g., the installation of sheetrock, it becomes 

taxable to the private contractor.See O.C.G.A. 48-8-3(2) and O.C.G.A. 48-8-63

XXVIII. STATE LAW REGARDING WORKER VERIFICATION

State Law requires that all who enter into a contract for the physical performance of services with the County or any 

other performance of labor for the County must satisfy the Illegal Immigration Reform and Enforcement Act of 

2011, in all manner, and such are conditions of the contract. 

By submitting a proposal to the County, contractor agrees that, in the event the contractor employs or contracts with 

any subcontractor(s) in connection with the covered contract, the contractor will secure from the subcontractor(s) 

such subcontractor(s’) indication of the employee-number category applicable to the subcontractor, as well as 

attestation(s) from such subcontractor(s) that they are in compliance with the Illegal Immigration Reform and 

Enforcement Act of 2011. Original signed, notarized Subcontractor Affidavits and Agreements must be submitted to 

the County.

The Purchasing Division Director with the assistance of the Performance Analysis Division shall be authorized to 

conduct random audits of a contractor’s or subcontractors’ compliance with the Illegal Immigration Reform and 

Enforcement Act of 2011 and the rules and regulations of the Georgia Department of Labor. The contractor and 

subcontractors shall retain all documents and records of its compliance for a period of three (3) years following 

completion of the contract. This requirement shall apply to all contracts for the physical performance of services or 

for the performance of labor where any persons are employed on the County contract.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 45

Whenever it appears that a contractor’s or subcontractor’s records are not sufficient to verify the work eligibility of 

any individual in the employ of such contractor or subcontractor, the Purchasing Director shall report same to the 

Department of Homeland Security. 

A contractor’s failure to participate in the federal work authorization program as defined by the Illegal Immigration 

Reform and Enforcement Act of 2011 shall be sanctioned by termination of the contract. If it is determined that a 

subcontractor is not participating in the federal work authorization program as defined by the Illegal Immigration 

Reform and Enforcement Act of 2011, Gwinnett County may direct the contractor to terminate that subcontractor. A 

contractor’s failure to follow Gwinnett County’s instruction to terminate a subcontractor that is not participating in 

the federal work authorization program as defined by the Illegal Immigration Reform and Enforcement Act of 2011 

may be sanctioned by termination of the contract.

XXIX. SOLID WASTE ORDINANCE

No individual, partnership, corporation or other entity shall engage in solid waste handling except in such a manner 

as to conform to and comply with the current Gwinnett County Solid Waste Ordinance and all other applicable local, 

state and federal legislation, rules, regulation and orders.

XXX. GENERAL CONTRACTORS LICENSE

Effective July 1, 2008: All General Contractors must have a current valid license from the State Licensing Board for 

Residential and General Contractors, unless specifically exempted from holding such license pursuant to Georgia law 

(O.C.G.A. Section 43-41-17).

XXXI. INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall, at his sole cost and expense, indemnify, defend, satisfy 

all judgments, and hold harmless the County, the engineer, and their agents and employees from and against all 

claims, damages, actions, judgments, costs, penalties, liabilities, losses and expenses, including, but not limited to, 

attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, 

action, judgment, cost, penalty, liability, loss or expense (1) is attributable to bodily injury, sickness, disease, or 

death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting 

therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone 

directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless 

whether such claim is caused in part by a party indemnified hereunder. Such obligation shall not be construed to 

negate, abridge or otherwise reduce any of the rights or obligations of indemnity which would otherwise exist as to 

any party or person described in this agreement. In any and all claims against the County, the engineer, or any of 

their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly 

employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation 

contained herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, 

or benefits payable by or for the Contractor or any subcontractor under Worker's Compensation Acts, disability 

benefit acts, or other employee benefit acts.

XXXII. CODE OF ETHICS:

“Proposer/Bidder” shall disclose under oath the name of all elected officials whom it employs or who have a direct 

or indirect pecuniary interest in the business entity, its affiliates, or its subcontractors. The “Proposer/Bidder” shall 

execute a Code of Ethics affidavit. Failure to submit the affidavit during the bid or proposal process shall render the 

bid or proposal non-responsive.

The act of submitting false information or omitting material information shall be referred to the Purchasing Policy & 

Review Committee for action pursuant to the Purchasing Ordinance or to the District Attorney for possible criminal 

prosecution. 

Any business entity holding a contract with Gwinnett County that subsequent to execution of the contract or issuance 

of the purchase order employs, subcontracts with, or transfers a direct or indirect pecuniary interest in the business 

entity to an elected official shall within five (5) days disclose such fact in writing under oath to the Clerk of the 

Board of Commissioners. Failure to comply shall be referred to the Purchasing Policy & Review Committee for 

action pursuant to the Purchasing Ordinance or to the District Attorney for possible criminal prosecution. 

Note: See Gwinnett County Code of Ethics Ordinance EO2011, Sec. 60-33. The ordinance will be available to view 

in its entirety at www.gwinnettcounty.com
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 46

DIRECTIONS TO GJAC BUILDING FROM I-85

Take I-85 north to Georgia Highway 316 (Lawrenceville/Athens exit). Exit Highway 120 (Lawrenceville/Duluth exit) and 

turn right. At sixth traffic light, turn right onto Langley Drive. Cross Highway 29 through the traffic light to the 4-way stop 

sign. The public parking lot is on the left. The Purchasing Division is located in the Administrative Wing-2ND Floor.
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 47
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 48
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 49
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 50
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 51
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 52
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 53
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 54
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 55
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 56
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 57
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 58
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 59
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 60
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 61
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 62
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 63
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 64
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 65
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 66
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 67
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 68
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 69
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 70
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 71
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 72
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 73
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 74
RP039-11 - Gwinnett County Airport - Briscoe Field Public Private Partnership Page 75

FAILURE TO RETURN THIS PAGE MAY RESULT IN REMOVAL OF YOUR COMPANY FROM 

COMMODITY LISTING.

Buyer Initials: SM

IF YOU DESIRE TO SUBMIT A "NO BID" IN RESPONSE TO THIS PACKAGE, PLEASE INDICATE 

BY CHECKING ONE OR MORE OF THE REASONS LISTED BELOW AND EXPLAIN.

 Do not offer this product or service; remove us from your bidder's list for this item only.

 Specifications too "tight"; geared toward one brand or manufacturer only.

 Specifications are unclear.

 Unable to meet specifications

 Unable to meet bond requirements

 Unable to meet insurance requirements

 Our schedule would not permit us to perform.

 Insufficient time to respond.

 Other

COMPANY NAME 

AUTHORIZED REPRESENTATIVE 

SIGNATURE