15-333-25-AIR-RFP Non-Incumbent Rental Car Concession.pdf

Procurement and Contracting Division

Request For Proposals For: Non-Incumbent Rental Car Concession

RFP #: 333-25-AIR-RFP

Pre-Proposal Meeting Date: Thursday, October 9, 2025

Pre-Proposal Meeting Time: 9:30 Am CT

RFP Closing Date: Wednesday, November 5, RFP Closing Time: 3:00 P.M. CT

Table of Contents

CALENDAR OF EVENTS

INTRODUCTION

SCOPE OF SERVICES

MINIMUM QUALIFICATIONS

EXISTING OPERATORS

PREMISES AVAILABLE

ASSIGNMENT OF EXISTING PREMISES TO SUCCESSFUL PROPOSERS

CONCESSION FEE, RENTS AND FEES TO BE PAID BY PROPOSER

AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) PARTICIPATION

FRANCHISE

SPECIAL CONDITIONS

RESPONDENT OBLIGATIONS

CUSTOMER SERVICE

SECURITY

HOURS OF OPERATION

FEDERAL CONTRACT PROVISIONS

1. CONTRACT TERMS

2. CONTRACTOR REQUIREMENTS

3. PROPOSAL INSTRUCTIONS

4. DELIVERABLES AND PROPOSAL SUBMISSION REQUIREMENTS

5. Preparation of Proposal

6. Submission of Request for Clarification or Changes

7. EVALUATION PROCESS & AWARD

EVALUATION

8. Oral Interviews

9. Award of Proposal

10. Proposal Pricing

11. Independent Contractor

12. City of Brownsville's Reservation of Rights and Criteria for Selection of Proposer in Request for Proposals (RFP) Process

13. Late RFP replies

14. Altering Proposals

15. Withdrawal of Proposal

16. Receipt of Proposals

17. Single Proposal

18. Disqualification of Proposals

19. Cancelation of Procurement

20. Availability of Funds

21. Non-Appropriation Clause

22. Protest Procedure

22.1. Protest Before Opening

22.2. Protest After Opening

22.3. Protest After Award

23. Trade Secrets, Confidential Information and the Texas Public Information Act

24. Reservation of Rights

25. Miscellaneous

26. RESTRICTIONS ON LOBBYING ACTIVITY

26.1. Disclosures And Requirements For City Vendors/Contractors

26.2. Prohibited Contacts During Contract Evaluation

26.3. A Lobbyist or Vendor/Contractor May Not Place City Official Under Personal Obligation

26.4. False Statements

26.5. Use of False Identification

26.6. Improper Influence

26.7. The City’s Discretionary Contracts Disclosure Form

26.8. Chapter 176 of the Local Government Code

26.11. Political Contribution Prohibition

27. INSURANCE

ATTACHMENTS

STANDARD PURCHASING TERMS AND CONDITIONS

CALENDAR OF EVENTS

RFP Advertisement Dates: Saturday, October 4, 2025 & Saturday, October 11, 2025

Pre-Proposal Meeting:

Teams Virtual or In Person:

700 Amelia Earhart Dr, Brownsville, Texas 78521, Airport Administration, Suite 2024

Thursday, October 9, 2025 @

9:30 AM CST

Questions Deadline: Thursday, October 16, 2025 @

3:00 PM CST

Answer to Questions Deadline

Thursday, October 23, 2025 @

5:00 PM CST

Deadline for Submissions: Wednesday, November 5, 2025 @

3:00 PM CST

Evaluation Period: 14-20 Days

This timeline is subject to change at the sole discretion of the City. Potential Proposers will be notified via addendum if a change in the schedule is made by the City.

Please direct to Bonfire to find links for pre-proposal meeting and opening of proposals meeting. Interested bidders may attend the virtual bid/proposal opening on the scheduled date, but attendance is not mandatory.

Introduction

The Brownsville South Padre International Airport is owned and operated by the City of Brownsville.

The Airport is governed by a seven-person City Commission.

The Airport serves South Texas as a tourism gateway to South Padre Island and Northern Mexico, among other attractions in the Lower Rio Grande Valley. In 2023 the Airport had approximately 260,000 passengers, with an average growth of 33% and projected additional growth of approximately 25% over the next year. Currently, three airlines provide service to the Rio Grande Valley market from Brownsville. Non-stop flights are offered on a year-round basis to three destinations.

Historically, airfare pricing relative to competing regional airports has been a community concern, and the lack of a low-cost carrier has hampered the growth of leisure travel. More recently, competitive forces with the other two airports in the Lower Rio Grande Valley appear to have restricted the opportunity for growth, due to having the same airlines service those markets as well. In addition, we have provided services to international markets without success due to airfare pricing. These markets can be viable with the proper airfare pricing structure.

Airlines:

1. American Airlines

2. United Airlines

4. Aerus

Nonstop Destinations:

Domestic Dallas Fort Worth (DFW) American Houston Intercontinental (IAH) United International Monterrey International Airport (MTY) Aerus

General information

The Airport seeks a qualified Respondent from experienced and qualified rental car companies, not currently operating at the Airport, that are eligible and licensed to provide a high level of Rental Car services to the traveling public and other Airport users. This opportunity is for a Non-Incumbent Rental Car Concession, to be located in the passenger terminal at the Brownsville South Padre Island International Airport, located at 700 Amelia Earhart Dr, Brownsville, TX 78521.

The offering consists of premises at the Airport as shown in Exhibits A and B of this RFP. The space will be delivered to the Concessionaire “AS-IS.” The Concessionaire, at its own expense, will be responsible for all design, construction, and fixtures necessary to conduct a Rental Car Concession.

The Market Share from 2015–2024 is shown in Exhibit C.

Scope of Services

The Airport expects the selected Non-Incumbent Respondent to meet or exceed the following goal throughout the term of the Rental Car concession agreement:

1. The successful Proposer shall exercise the privilege granted and accordingly shall, during the entire term of the agreement, rent for consideration, non-chauffeured motor vehicles to the public at and from the premises leased at the Airport. Further, the Proposer shall take all reasonable measures, within proper business practices, to maintain, develop and increase its business of renting non-chauffeured motor vehicles to the public at and from the premises leased at the Airport. The Proposer agrees it will conduct a first-class operation and will provide the public with good, prompt, courteous and efficient service including but limited to, maintaining on Airport, a more than adequate supply and variety of recent manufacture vehicles which shall be maintained by the Proposer in first-class operating and mechanical condition and repair in clean and attractive condition. The Proposer agrees it will rent motor vehicles to customers who are local walk-up customers, ticketed Airline passengers and any other customer who qualifies to rent subject to the Concessionaire's guidelines.

2. Provide a first-class, full-service Rental Car Concession that is available 24 hours per day, 7 days per week, 365 days per year, and meets the Airport user needs and adds value to other Airport and airline services; based on the Flight Schedule (refer to Hours of Operation section).

3. Transaction fees or surcharges must be made available to customer prior to transaction;

4. Accept all major credit cards.

5. Rental Car Concessionaire shall not be used to display any advertising media.

6. Respondent shall comply with the Americans with Disabilities Act.

7. Be responsive of the FAA and City goals for Airport Concession Disadvantage Business

Enterprise (“ACDBE”) participation in concessions; and,

8. Provide a monthly report of total transactions and types of transactions.

The order of these scope should not be construed as an indication of their relative merit as viewed by the City.

Minimum Qualifications

Eligible Respondents for this solicitation are Non-Incumbent rental car companies. Respondents must also meet the following minimum qualifications:

1. At least five (5) years’ experience in operating on-airport rental car concessions at commercial airports or equivalency experience as determined by the City.

2. Demonstrated knowledge of the airport environment and passenger customer base.

3. No uncured default notices from the Airport in the last three (3) years and no litigation pending with the City of Brownsville.

4. Certified ACDBE participation and/or demonstrated commitment to use good faith efforts to meet goals.

Existing operators

The Airport currently has three (3) incumbent operators providing four (4) Rental Car Concession brand services. These existing operators are not eligible to respond to this Non-Incumbent RFP.

Premises available

1. The existing ticket counter/office/queuing area is outlined on Exhibit A. There is ONE (1) counter location with a supporting office which will be assigned exclusively to successful Non- Incumbent Proposers under this RFP.

2. The Airport currently has 56 parking stalls at the Overflow Rental Car Lot available to successful proposers.

3. During the term of this Agreement, the Airport anticipates the construction of a new Quick-turn-around area to be located adjacent to the current Rental Car Lot, as well as an expansion to the Rental Car Lot, as shown in Exhibit B. This project will be funded with the CFC’s collected from the Rental Car Concessionaires starting at the commencement of the term.

4. The CFC will be used to pay or reimburse the City for the costs associated with the studying, enabling, acquisition, development, financing, planning, designing, construction, operation, maintenance, and improvement of RAC land and facilities and related projects made use of, in, or connected to, the business of renting cars at the Airport. If CFC debt or expense payments for RAC-related uses are not met, the City may impose a contingent fee on Concessionaire in an amount sufficient to equal the difference between the project CFC collections and the amount necessary to meet the CFC debt or expense obligation. If such contingent fee is imposed by the City, those amounts would be determined based on activity and will be reimbursed to Concessionaire utilizing future CFC collections.

Assignment of existing premises to successful proposers

1. Existing Ticket counter/Office/Queuing areas.

Allocation described herein apply only to successful new entrants and not to current operators.

The one (1) available ticket counter/office/queuing area will be allocated to the successful Non- Incumbent Proposer(s) offering the highest Minimum Annual Guarantee (MAG). All other qualified proposers will be accommodated through an alternative solution to ensure operational needs are met.

The allocation process applies only to successful new entrants and not to current operators, and will proceed as follows:

Step 1: Determine the number of successful proposers.

Step 2: Rank all successful proposers in order based on their proposed Minimum Annual Guarantee (MAG).

Step 3: Award the one (1) available ticket counter/office/queuing area to the proposer with the highest MAG.

Step 4: Provide an alternative solution for all other successful proposers to support their operations.

2. Parking Stalls.

The parking stalls in the Overflow Rental Car Parking Lot will be allocated to successful Non- Incumbent Proposers based on their proportionate share of the total amount of their five (5) year Minimum Annual Guarantees compared to the sum of all successful proposers’ five (5) year Minimum Annual Guarantees. The location of allocated stalls will be at the discretion of the Airport.

Additional storage parking in one or multiple parking areas will be at the discretion of the Airport.

When additional storage parking is available, the Airport will assign such parking across Non- Incumbent Concessionaires based on their proportionate share of the total amount of their five

(5) year Minimum Annual Guarantees compared to the sum of all successful proposers’ five (5) year Minimum Annual Guarantees.

Respondents must provide the number of parking stalls requested on the Proposal. This will assist the Airport in understanding Rental Car parking space demand despite current space limitations. Respondents should also state their anticipated fleet level as part of their response.

Concession fee, rents and fees to be paid by proposer.

1. Concession Fee CONCESSIONAIRE will pay Airport, without notice on demand, a Concession Fee, which is the greater of the minimum annual guarantee for that Agreement year or the percentage fee based upon a percentage of Gross Revenues. This fee is for the privilege of a business concession at the Airport. This fee will be free from any and all claims, deductions, and setoffs against CITY.

a. Minimum Annual Guarantee (MAG). During the first year of this Agreement, CONCESSIONAIRE agrees to pay Airport a MAG of $_______________.

b. Percentage Fee. The Percentage Fee shall be the amount equal to eleven percent (11%) of CONCESSIONAIRE’S Gross Revenues.

2. Rent All Rents set forth in this Article shall be paid in advance on the first (1st) of each month:

a. Counter/Office/Queuing space rent per month shall be the Terminal Rental Rate as adopted in the annual Rates and Charges by the Airport and updated annually. The 2024 Terminal Rental Rate is $17.88 per square foot.

The Airport will allow a Concessionaire to offer single; double; or if approved by Airport, in its sole discretion, triple branding, at its counter at incrementally higher lease rates based on number of brands offered, as follows:

i. For single branded position-100%,

ii. For a dual branded position-115%,

iii. For a triple branded position, if approved by Airport-130%.

b. Parking Rent per month shall be the Rental Car Parking Stall Rental Rate as adopted in the annual Rates and Charges by the Airport and updated annually. The 2024 Overall Rental Car Parking Stall Rental Rate is $25 per stall.

3. Customer Facility Charges (CFCs) Concessionaire shall fully comply with the Customer Facility Charge (CFC) which requires collection of the Customer Facility Charge established as a transaction/day fee that will be charged to rental car customers by the operator and remitted to the Airport monthly. The CFC shall apply to all rental contracts originated on Airport property.

4. Additional Fees The Concessionaire shall pay to the Airport additional fees as may be incurred by the Concessionaire including, but not limited to, security fees, employee parking, badging, overflow parking, access media, and any fine levied to Concessionaire or its employees.

AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE)

PARTICIPATION

1. The requirements of 49 CFR Part 23, regulations of the U.S. Department of Transportation, applies to this concession. It is the policy of Brownsville South Padre Island International Airport (BRO) to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit proposals.

2. Award of this concession will be conditioned upon satisfying the requirements of this proposal specification. These requirements apply to all concessions’ firms and suppliers, including those who qualify as an ACDBE.

3. An ACDBE concession specific goal of zero and fifty one hundredth percent (0.51%) of annual gross receipts has been established for this concession. The concession firm shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 , to meet the concession specific goal for ACDBE participation in the performance of this concession.

4. The concession firm will be required to present the following information required before the final selection for the contract is made by the Owner, provided that the Respondent present initial proposals of ACDBE participation or make a contractually binding commitment to meet the goal at the time of proposal submission:

a. The names and addresses of ACDBE firms and suppliers that will participate in the concession;

b. A description of the work that each ACDBE will perform;

c. The dollar amount of the participation of each ACDBE firm participating;

d. Written and signed documentation of commitment to use a ACDBE whose participation it submits to meet a contract goal;

e. Written and signed confirmation from the ACDBE that it is participating in the concession as provided in the prime concessionaire’s commitment; and

f. If the contract goal is not met, evidence of good faith efforts.

Franchise

Non-Incumbent Respondents must provide the required information on financial capabilities and franchise operations and may include information on the operations of the franchisor. Franchise

Concessionaires shall include a letter from the franchisor granting approval to propose at the Airport, or a copy of the franchise agreement showing the rights to the brand beyond the expiration date of the Sample Agreement.

Special conditions

It is important for the Respondent to understand that the airport operating environment presents to the operator a set of unique challenges that do not exist in a typical Rental Car Concession location. Listed below are some of the key factors that affect concession operations at an airport:

1. Airport customers are primarily airline passengers traveling with luggage and in some cases tools, wheelchairs, strollers, etc. Any facility changes must be designed to accommodate passengers and their luggage.

2. Flight delays happen throughout the year. The operations plan must be flexible for extended hours to accommodate customers during times of irregular operations.

3. The terminal building is a non-smoking facility.

4. Respondent is responsible for all licenses, charges, fees, personal property and real estate taxes, if applicable.

Respondent obligations

The Respondent will provide at its expense:

• Concessionaire, at its sole cost and expense, shall keep the Leased Premises clean, neat, and in good condition and make all repairs required in and about the Leased Premises.

• Concessionaire shall repair any and all damage to the Leased Premises and improvements, caused by Concessionaire, its employees, agents, independent contractors, patrons, servants, or invitees. Repairs must be of a quality and class equal to or better than the original work to preserve the same in good order and condition.

• Concessionaire shall provide its own janitorial service for its exclusive use Leased Premises and shall remove or otherwise dispose of in a manner approved by Airport Director all garbage, debris, and other waste materials (whether solid or liquid) arising out of its occupancy of the Premises or out of its operations. Any debris or waste that is temporarily stored in the open must be kept in suitable garbage and waste receptacles designed to safely and properly contain whatever material may be placed there.

• Concessionaire shall maintain and repair all Improvements on the Leased Premises and all furnishings, fixtures, and equipment therein, whether installed by Concessionaire or by others, including repainting or redecorating as necessary, and replacing or repairing worn carpet, tile, fixtures, or furnishings. All such maintenance and repairs shall be at least of quality equal to the original in materials and workmanship, and all work, including paint colors, shall be subject to the prior written approval of Executive Director.

• Airport reserves the right to enter and inspect the Leased Premises at any time in the execution of its governmental and proprietary functions. If, as a result of such inspection, Airport determines that the Leased Premises are not kept clean or in good condition, and Concessionaire is so advised by Airport, then, after reasonable written notice, Airport may cause it to be cleaned or repaired, and the cost plus twenty percent (20%) for administrative costs will be added to the rent and payable as additional rent.

• During the term of this Agreement, Concessionaire (including its employees, contractors, and invitees) agrees to meet and fulfill the following duties and obligations:

• Concessionaire shall conduct its operation in an orderly and proper manner, considering the nature of its operation so as not to unreasonably annoy, disturb, endanger or be offensive to others at or near the Leased Premises and to keep the sound level of its operation as low as possible.

• Concessionaire shall not commit any nuisance, waste, or injury on the Leased Premises and shall not do or permit to be done anything that may result in the creation, commission or maintenance of any nuisance, waste, or injury on the Leased Premises.

• Hazardous Conditions. Upon discovery, Concessionaire shall immediately give oral notice to Airport of any hazardous or potentially hazardous conditions in the Leased Premises or in the Terminal Building. Any hazardous or potentially hazardous condition in the Leased Premises shall be corrected immediately upon receipt of oral notice by the Airport Director. At the direction of said Airport Director, Concessionaire shall close the Leased Premises until such hazardous or potentially hazardous condition is removed.

• Concessionaire shall park and store merchandise, containers, dollies, or other material or equipment only on the Leased Premises or areas designated for this use by Airport.

• Concessionaire shall not overload any floor or paved area on the Leased Premises and shall repair any floor, including supporting members, and any paved area damaged by overloading.

• Concessionaire agrees its employees will conduct themselves in a proper manner at all times and Concessionaire agrees to promptly reassign or discharge any employee whose conduct Airport believes is detrimental to the best interests of Authority.

Customer service

Providing quality and timely customer service is a top priority. The Respondent must accept at least three major credit/debit cards (one of which must be Visa or MasterCard) and cash for any purchase.

Furthermore, as payment options evolve, the selected Proposer is encouraged to accept other pay options available across different technology platforms, when process permits it.

Security

Respondent shall comply with all airport-related security regulations as prescribed by 49 CFR Part 1542 and agree to employ such measures as are necessary to prevent or deter the unauthorized access of persons or vehicles into the secure area of the airport. The selected Proposer shall comply with Transportation Security Regulation Part 1542 and security policies as presently outlined in the Airport Security Plan, as such Plan may be amended from time to time. The selected Proposer shall pay any forfeitures or fines levied upon it, or the Airport through enforcement of Part 1542, or any other applicable federal, state, or local regulation, due to acts or omissions of the Respondent, its employees, agents, suppliers, invitees, or guests and for any attorney fees or related costs paid by the Airport because of any such violation. The selected Proposer will be obligated to comply with all current and future airport and FAA rules and regulations and policies and procedures in place for the airport. The Respondent will be responsible for obtaining all necessary Airport ID badges during the term of the Lease and Concession Agreement. All costs for complying with security regulations shall be the sole responsibility of the Respondent. Any fines imposed by the Airport because of the Respondent’s actions or non‐compliance with rules, regulations, policies, or laws shall immediately be paid to the Airport by the Respondent. The cost of obtaining an Airport ID badge shall be the sole responsibility of the applicant. The Airport shall have complete control over granting, denying, withholding, or terminating security clearance for selected Proposer employees. Clearance is required for all employees upon being hired or assigned to the airport. Respondent shall not permit any employee to begin work until the Airport clears the employee through the mandated criminal history background check as well as all other background checks and issues the necessary documents, ID badges, and credentials in order to enter the sterile area.

Hours Of Operation

The Airport terminal is generally open between 4:00 a.m. to 12:00 a.m. (midnight). It is expected the Respondent will be open and ready to serve customers 30 minutes prior to first scheduled arrival and 30 minutes after last arrival, including delays with the flexibility to serve the non-routine charter flights and delayed flights.

Federal Contract Provisions

1. GENERAL CIVIL RIGHTS PROVISIONS

In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. If the Contractor transfers its obligation to another, the transferee is obligated in the same manner as the Contractor. The above provision obligates the Contractor for the period during which the property is owned, used or possessed by the Contractor and the airport remains obligated to the Federal Aviation Administration.

2. TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);

• 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance);

• The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq)(prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123)(prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087 (2005)];

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

3. NONDISCRIMINATION REQUIREMENTS/TITLE VI CLAUSES FOR COMPLIANCE

Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

a. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

b. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

c. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

d. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

e. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

i. Withholding payments to the Contractor under the contract until the Contractor complies; and/or

ii. Cancelling, terminating, or suspending a contract, in whole or in part.

f. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

1. Contract Terms

The term of the agreement shall commence upon full execution and approval and shall continue until May 31, 2030, unless sooner terminated or modified in accordance with the terms of this agreement.

The term may be extended at the discretion of the City of Brownsville.

The city reserves the right to award contracts to one or more vendors, as the contract will be awarded to the responsible offeror(s) whose proposal is determined to be the most advantageous to the municipality.

2. Contractor Requirements

Applicants shall organize their submissions in such a way as to follow the submittal requirements listed below.

1. Table of Contents: List the title of each section and the title of any additional information included in the Proposal.

2. Proposed Minimum Annual Guarantee.

3. Background and History: Describe the company, organization, officers or partners, number of employees, and operating policies that would affect this Agreement. State the number of years your organization has been continuously engaged in business. Include a copy of Articles of Incorporation and copy of Tax Identification Number.

4. Financial Stability: Demonstrate financial success with the appropriate documentary evidence.

Demonstrate financial condition and ability to perform the functions specified.

5. ALL CITY FORMS. Complete and submit all city forms, found in Bonfire as Attachments B to H.

(1295 and all other forms listed on Bonfire (i.e., disclosure of interest form, award of contract form, statement of non-collusion, among others.). You may also download a copy of the 1295 form at: https://www.ethics.state.tx.us/filinginfo/1295 .

6. Addenda Acknowledgement (if any addenda is issued)

3. Proposal Instructions

Interested firms must submit online proposals through https://brownsvilletx.bonfirehub.com/.

Once submitted, the bids become the property of the City.

The City of Brownsville reserves the right to review, accept or reject any or all proposals received through this process. Information contained within the original proposal should be the complete offering to the City. In fairness to all proposers, no late additions or verbal additions to the original proposal will be accepted after the submission deadline. If additional information is needed from proposers, the City will initiate that request. If interviews or conferences are necessary, the City will make those arrangements as necessary. The City of Brownsville also reserves the right and option to waive any and all informalities if in its best interest.

Any costs involved in the preparation of the proposals are the sole responsibility of the proposer. The City will not be responsible for any costs associated with the preparation, submission or meetings involved with the presentation of the proposal.

Sealed bids/proposals will be received by the City of Brownsville at the following link: City of Brownsville (bonfirehub.com)

Copies of the bid documents consisting of detailed specifications, general requirements or other information may be obtained at City of Brownsville (bonfirehub.com). Interested bidders/proposers are invited to attend the bid/proposal opening virtually on the dates specified. Presence is not mandatory.

3.1. Point of Contact

For all information regarding the required services, the contents of the proposal, the selection or any other requirements, please contact Ms. Alondra Palacios, Buyer or Mr. Damian Espinoza, Procurement and Contract Manager via writing through https://brownsvilletx.bonfirehub.com/

3.2. Unauthorized Communication

Any oral communications are considered unofficial and non-binding with regard to this RFP. After the release of this solicitation, Proposer(s) are prohibited from contacting or communicating with any City officer, employee, or representative regarding this RFP other than (i) the point of contact designated herein. No officer, employee, agent, or representative of the Proposer(s) shall, directly or indirectly through others, have any contact or discussion, oral or written, with any members of the City Commission; members of the RFP evaluation, interview, or selection panels; City staff or City’s consultants, or seek to influence any City Commission Member, RFP evaluator, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as expressly provided herein. IF A REPRESENTATIVE OF ANY PROPOSER VIOLATES THE FOREGOING

PROHIBITION BY CONTACTING ANY OF THE ABOVE-LISTED PARTIES WITH WHOM

CONTACT IS NOT AUTHORIZED, SUCH CONTACT MAY RESULT IN THE PROPOSER BEING

DISQUALIFIED FROM THE RFP PROCESS.

4. Deliverables and Proposal Submission requirements https://www.ethics.state.tx.us/filinginfo/1295 https://brownsvilletx.bonfirehub.com/ https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities https://brownsvilletx.bonfirehub.com/portal/?tab=openOpportunities https://brownsvilletx.bonfirehub.com/

Interested firms must submit their proposal via the City’s Bonfire website. The proposal must be received by the Procurement and Contracting Division by November 5, 2025 at 3:00 PM.

5. Preparation of Proposal

1. Proposer is expected to examine this Request For Proposals (RFP) carefully, understand the terms and conditions for providing the pertinent services, and respond completely. Failure to do so may result in disqualification. Verbal questions and explanations are not permitted. Each proposer shall submit proposals containing all information required by the RFP. Failure to respond to all portions of this RFP may result in the proposer’s response being deemed non-responsive. Proposals must be signed by an officer or principal of the proposer; however, they may be signed by an agent if accompanied by written evidence of authority.

2. Should firms interested in submitting a proposal have questions regarding the required services, the contents of the proposal, the selection or any other requirements, these questions should be directed, in writing only, via https://brownsvilletx.bonfirehub.com/.

3. Proposals may be withdrawn prior to the above scheduled time set for closing of the proposals. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer.

4. The Procurement Contracting Division reserves the right to postpone the date and time for opening proposals through an addendum.

6. Submission of Request for Clarification or Changes

All requests for clarifications must be received in writing, no later than October 16, 2025 at 3:00 P.M. CT, by the City of Brownsville at City of Brownsville (bonfirehub.com).

Any questions regarding this RFP will be handled as promptly and as directly as possible. If a question requires only clarification of instructions or specifications, it will be handled verbally. If any question results in a change or addition to the RFP, the changes or additions will be forwarded to all registered firms as quickly as possible by addendum.

Participating proposers are expressly instructed that the Procurement and Contracting Division is the only authorized source of information concerning the solicitation. Contact with unauthorized staff of the City of Brownsville or members of the selection or oversight committees while solicitation and evaluations are in process could result in immediate disqualification.

7. Evaluation Process & Award

The City will conduct a comprehensive evaluation of all proposals submitted by eligible Non-Incumbent Respondents received in response to this RFP. The City will establish an Evaluation Committee comprised of staff members to perform such evaluation. Each proposal received will be analyzed to determine overall responsiveness and qualifications under the RFP. Criteria to be evaluated, not necessarily in order of priority, may include the items listed in the evaluation criteria section. All https://brownsvilletx.bonfirehub.com/ proposals deemed non-responsive will be eliminated from further consideration. Final approval of a selected contractor or vendor is subject to the action of the City of Brownsville City Commission.

In selecting the best proposal for the tasks to be accomplished as defined in the Scope of Services, a Selection Committee shall evaluate all proposals submitted and may elect to conduct oral interviews with two or more finalists unless the Selection Committee can make its selection based on the proposals submitted. Points for cost will be awarded based on each price relative to the lowest proposal. The Brownsville South Padre Island International Airport / City of Brownsville reserves the right to reject any and all proposals and to waive such formalities as do not affect or alter the substantive provisions thereof.

The evaluation of the proposal shall be based on the requirements described in this RFP. All properly submitted proposals will be reviewed, evaluated, and ranked by the Airport. Failure to comply with any part of the RFP may result in the rejection of the proposal as non‐responsive.

Evaluation

Concept Criteria Weight Minimum Qualification

• Required five years in business at Airports.

Pass/Fail

Technical Qualifications - Firm’s experience

• Experience in operation rental car concessions at airports.

• Past performance and references check.

• Financial condition

ACDBE Participation 5 Minimum Annual Guarantee 75

Additionally, the Committee may request the submission of additional information to assist in its evaluation of the proposals, and the proposer will be expected to cooperate fully with such a request.

The City reserves the right to reject any and all proposals.

8. Oral Interviews

Following the initial review and screening of all proposals, one or more firms may be invited to participate in an oral interview or presentation of their proposal. These interviews or presentations provide an opportunity for the City to ask additional questions and the respondent to clarify the proposal to ensure material understanding.

The City reserves the right to adjust the initial scores pertaining to Minimum Qualification, Technical Qualifications - Firm’s experience, ACDBE Participation, Minimum Annual Guarantee, based on the information presented during the interview.

However, the City reserves the right to recommend award of a contract without conducting interviews.

Thereafter, staff will make a recommendation regarding an award of contract to the City Council, who will make the final decision.

This document outlines the prerequisites, selection process and documentation necessary to submit a proposal for the requested services. Please carefully read the entire package before submitting your proposal.

The contract will be negotiated with the respondent whose proposal is determined to be most advantageous to the City. The City reserves the right to reject any and all proposals and to waive any formality in proposals received, to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part, if it is deemed in the best interest of the City. Proposals should be submitted initially on the most favorable terms, from both price and technical standpoints. The City further reserves the right to award a contract without discussion after proposals are received or to request written BEST AND FINAL OFFERS from respondents judged to be responsive to the minimum technical requirements.

9. Award of Proposal

The contract will be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the municipality considering the relative importance of price and the other evaluation factors included in this request for proposals (RFP).

The city reserves the right to award contracts to one or more vendors, as the contract will be awarded to the responsible offeror(s) whose proposal is determined to be the most advantageous to the municipality.

10. Proposal Pricing

All proposals should state that prices quoted in the proposal are firm proposal prices which are good for ninety (90) calendar days following the acknowledgement of proposals and are not subject to price adjustments.

11. Independent Contractor

It is explicitly understood and agreed that the contractor or vendor, along with all designated personnel providing services under this proposal (hereinafter referred to as "the parties"), shall function as independent contractors. Each party is solely responsible for its respective acts or omissions. The City bears no responsibility in this regard. Furthermore, neither party possesses the authority to bind the other or represent to third parties that such authority exists. It is important to note that this RFP does not constitute the finalized contract.

Proposers shall designate and provide contact information for an individual to contact should any questions arise concerning a proposal. The proposers shall also state the name and title of individuals who will make final decisions regarding contractual commitments and have legal authority to execute the contract on the firm’s behalf.

12. City of Brownsville's Reservation of Rights and Criteria for Selection of Proposer in

Request for Proposals (RFP) Process.

IT IS UNDERSTOOD THAT the City of Brownsville reserves the right to accept or reject any and/or all RFP responses as it shall deem to be in the best interest of the City. Receipt of any proposal shall, under no circumstances, obligate the City to accept the highest commission proposal. The award of the contract shall be made to the responsible proposer whose submission is determined to be the best qualified/evaluated offer resulting from negotiation, taking into consideration the relative importance of commission and other evaluation factors set forth in the RFP.

13. Late RFP replies

Responses to the RFP received by the Procurement and Contracting Division after submission deadline will be returned unopened and will be considered void and unacceptable. The City of Brownsville is not responsible for lateness of mail, carrier, etc., and time/date stamp clock in the office shall be the official time of receipt.

14. Altering Proposals

Any interlineations, alteration, or erasure made before receiving time must initialed by the signer of the proposal, guaranteeing authenticity.

15. Withdrawal of Proposal

A proposal may not be withdrawn or cancelled by the proposer for a period of ninety (90) days following the submission deadline, and proposer so agrees upon submittal of the proposal.

16. Receipt of Proposals

Proposals will be received and publicly acknowledged at the location, date and time stated on Page

1. Proposers, their representatives and interested persons may be present. Proposals will be received and acknowledged, only so as to avoid disclosure of the contents to competing offers and kept secret during the negotiation/evaluation process.

17. Single Proposal

In the event a single proposal is received, the City will, at its option, conduct a price and/or cost analysis of the proposal and negotiate the award, or reject the proposal and readvertise. A price analysis would be performed by comparing price quotations submitted on other current quotations, current price lists, or other established or competitive prices.

18. Disqualification of Proposals

One or more or all proposals will be rejected if there is reason for believing that collusion exists among proposers or the City of Brownsville, or their officials, agents, or employees. A proposal will not be accepted from any proposer who is in arrears or is in default to the City upon any debt or contract, or who is a defaulter as surety or otherwise upon any obligation to the City or has failed to perform faithfully any previous contract with the City.

19. Cancelation of Procurement

The City of Brownsville reserves the right to cancel the procurement, at any time for any reason before the contract is fully executed and approved on behalf of the City.

20. Availability of Funds

This procurement is subject to the availability of funding. The City’s obligation hereunder is contingent upon the availability of appropriated funds or grant funding from which payment for the contract purposes can be made. No legal liability on the part of the City for any payment shall arise until funds are made available to the contracting officer for the contract and until the contractor receives notice of such availability, to be confirmed in writing by the contracting officer. Any award of contract hereunder will be conditioned upon said availability of funds for the contract.

21. Non-Appropriation Clause

Notwithstanding any provisions of the contract, the parties agree that the services are payable by City from appropriations, grants, and monies from the General Fund and other sources. In the event sufficient appropriation, grants, and monies are not made available to City to pay the services for any fiscal year, the contract shall terminate without further obligation of the City. In such event, the City Manager of City shall certify to contractor that sufficient funds have not been made available to City to meet the obligations of the contract; such certification shall be conclusive upon parties.

22. Protest Procedure

Prospective bidders whose direct economic interest would be affected by the award of a contract or by failure to award a contract may file a protest. The purchaser (City of Brownsville) will consider all protests received in a timely manner regarding the award of a contract, whether submitted before or after an award. All protests are to be submitted in writing to: Mr.