Say Bid For New FBO Violated Rules 

Attorneys are asking the Federal Aviation Administration to overturn a recent decision by the Lafayette Airport Commission to replace the long-time Lafayette Regional Airport's fixed-based operator.

Paul Fournet Air Service and Herbert Schilling II filed a complaint last week with the FAA, saying the way the commission awarded the fixed-base operator contract to Million Air violates FAA rules and regulations. Paul Fournet Air Service (PFAS) has been the FBO at LFT since 1952.

The plaintiffs want the FAA to declare the contract was awarded in violation of regulations, order it void and begin the selection process again.

The airport commission began accepting proposals for lease agreements on an FBO in 2005. Among the three companies that submitted proposals included Million Air and a joint venture between PFAS and local investors, including Schilling, according to the Louisiana Advocate.

The Fournet group says it turned in its properly completed proposal on the deadline but Million Air only submitted a general letter that didn't meet the specs for proposals as established by the commission. Then, Million Air was allowed to submit a "supplement" to its proposal -- after the other submitted proposals were made public.

Several days later, the commission voted to negotiate exclusively with Million Air.

The complaint states that by allowing Million Air to view the submitted proposals, the commission provided a way for Million Air to beat them. It also alleges the Million Air deal has become increasingly unbeneficial to LFT and says their proposal is better by $2.7 million.

Even though the commission did not have to abide by public bid laws in awarding the contract, the complaint says the process violated specific FAA rules:

Failure to uniformly apply conditions for the engagement of a commercial aeronautical enterprise.

Failure to develop and publish minimum standards for the lease "in advance of negotiations with any prospective tenant or operator."

Failure to uniformly apply the same standards to all tenant operators seeking the same franchise.

Attorney Michael Hebert said Fournet Air Service filed a similar complaint with the FAA last year, but the agency dismissed it. This prompted an appeal to the U.S. 5th Circuit Court of Appeals which recommended the more formal complaint.

Hebert said the FAA will decide to either decide the case based on information received or to hold a full hearing. The agency and the commission will have a chance to formally respond.

The relationship between LFT and PFAS continues to sour as the commission voted last week to file a lawsuit against PFAS seeking $800,000 in owed maintenance costs.

PFAS owner/operator Richard Fournet says the commission is "heavily overstating" that amount.

"That number has been used previously to argue their point and to negate anything I have to say," he said. "There is a gulf between what they are purporting to do and what the truth is."

FMI: www.lftairport.com, www.faa.gov. www.millionair.com