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Martin O'Malley
Governor
Anthony
G.Brown
Lt.
Governor
MarylandAviation
Administration
John D. Porcari
Secretary
Timothy
L.
Campbell, A.A.E.
Executive Director
May 12,2009Mr.
MarkKnight
PresidentBAA
Maryland,
Inc.
P.O.
Box
8719
.BWI Airport
MD
21240
Re: Contract
No.
MAA-LC-04-001
Notification
of
Findings
-DBE ComplianceDear
Mr.
Knight:
On
November
27,2007,I
advised
youthattheMarylandAviationAdministration("MAA")had
completed
a
compliance
review
of BAA Maryland, Inc.
("BAA")
disadvantaged business
enterprise ("DBE")
participation at Baltimore/Washington International Thurgood Marshall
Airport
("BWI
Marshall").
Attached to this letter is the
Summary
of Findings related to the DBEconcessionaires
that
have
sublease
and sub-sublease
agreements
with
BAA.
The
MAA
has
determined
thatthemajorityoftheDBEconcessionaires
were
incompliance,twoDBE
concessionaires
hadminoritemstocorrect
and
oneDBEconcessionaireafteraninitial
finding
of
non-compliance
is now in compliance.
Thank
you
for
your
cooperation
and your continued cooperation in
BAA's
efforts to achieve itsDBEparticipation
goal.
Sincerely,
Angela
MartinDirector
Office
of Fair
Practices
cc:
Mr.
Timothy
1.
Campbell,
A.A.E., Executive Director, MAA
Ms.
Carol
Fearns, Vice
President, BAA
Ms.
Helen
Tremont,
Director, Office of Commercial Management, MAA
Mr.
James
G.
Walsh,
A.A.E.,
Deputy Executive Director, Business Management
&
Administration,
MAA
P.o.
Box
6766,
aWl
Airport, Maryland
21240-0766· 410-859-7100·
TOLL FREE: 1-800-435-9294
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Disadvantaged
Business
Enterprise
(DBE) Contract Compliance ReviewsMAA-LC-04-001 between
the
Maryland AviationAdministration (MAA)
and
BAA
Maryland, Inc.
(BAA)
Lease and Concession Contract for a
Contractor
to Lease, Develop and
Manage
Food Service, Retail,
and
Service ConcessionsAtBaltimorefWashington International Thurgood Marshall
Airport
(BWI)
Summary
of Findings
Contract
compliance
reviews were scheduled for all Disadvantaged Business Enterprise
(DBE)concession
firms
that have subleases and sub-subleases
with
BAA, the developer
firm
selected
by
the
Maryland Aviation
Administration
(MAA).
Compliancereviews area
part
of the
contract
compliance monitoring
process
required
by the DBE programregulations
under
49
CFR,
Part 23, as well as the Maryland Department of Transportation
(MDOT)
M/DBE program
guidance.
A meeting was held
with
BAA
staff (Pat Walsh,
Vice
President
and
Tina
LaForte,
General
Manager) at
the
beginning of the compliancereviewprocess to
advise
them ofthe
process
and to
obtain
information about the status
of
theDBEfirms'
operations
andotheroverviewinformation.
Overview of Compliance Review Process
1.
The
BAA
management
staff
was
advised that contract compliance reviews would be
scheduled
with
all
oftheDBE
firms,
2.Aletter
outlining
the
information tobeprovided wassenttoBAA,sub-subleasor
American
Management
Services,LLC
(AMS)
andallDBEconcessionfirms.3.
Contract
compliance
reviews
were
conducted with the following DBE firms:
1) Mclronalds/Lavan Enterprises2) Airport 2000 Concessions (A2K)3) Zona Mexicana/ Aero Service Partners4) Chesapeake
Bay
Roasting/Travel Retail Solutions5) Quiznos
&
Villa
Pizza/Great Foods
G)
Auntie Annc's/Brodie Enterprises7) California TorWla/Caltor-BWI
I
,I
i
!
•jI
8) Charlie Chiang's Kwai/Charlie
Chiang'sInc.
·I·I
 
9)
Airport
WirelesslILJ Baltimore,
LLC
10) Obrycki's/CRC
Restaurants
11) Candy/Express/America's Sweet Tooth12) Olympic News/Olympic Supply, Inc.13)
Airport
Management Services/Hudson
Group
-Non-DBE and
sub-sublessor
for
Olympic News (sub-sublessee)
Summary
of FindingsThemajority
of
theDBEconcessionownershad businessrecordswhichindicatedthatthey were operating and managing their businesses consistent with programrequirements. Therewereafewotherissuesthatwereobservedinthe
review
of
recordsor arose in the discussions with the DEE owners
that
will be addressed in
their
compliance review letters. However, those items were not consideredsignificant enoughto generate a findingof non-compliance. Those items included the following:a. Chesapeake Bay Roasting/Travel
Retail
Solutions -Some invoices from thefemale DBE owner's business were sent to
her
husband's business address. Thehusband
owns
and operates a separate, 'unrelated business and is
not
an
owner
of
the concession business. The husband has also signed checks for his
wife's
business and charged payments to his credit card for her business.
The
DEE
owner will be advised that these practices should be discontinued.b. Candy Express/America's Sweet
Tooth
-
The
DBE owner used
his
daughter'S address as his business address
when
applying for
MDOT
certification;however his business is located in Virginia.
He
will be advised to correct hishis business address with MDOT's MBE Office., The review indicated that there were two DBE concession firms that had
problems
withcertification or ownership, management, independence and control. The
issues
with thesetwo firms are provided below:a.
Airport
2000
Concessions -This firm was certified by MDOT as a
DBE
firm(African American) in August of 2004. However, this firm had its
DBE
certification non-renewed by MDOT in January
of
2007. Therefore,
MAA
and
BAA
cannot count gross receipts from this firm towards their respective
DBE
goals after January
of
2007. If the firm becomes certified again, the
gross
receiptscan then be
counted
at the time it is recertified.b.
Olympic
News
-This
DEE
firm was given an initial finding of
non
compliance as it was determined to be operating
in
a manner that demonstratedthat the DBE owner was not operating independently or managing and controlling
;
:
of 00

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