2-RFPDOC 6000002323.docx

Lillian D. Valenti Chief Procurement Officer

<FIRM NAME>

- PAGE 2 - <DATE>

REQUEST FOR PROPOSAL

PERFORMANCE OF EXPERT PROFESSIONAL AIRPORT DATA ANALYSIS AND BUSINESS INTELLIGENCE CONSULTING SERVICES AS REQUESTED ON A “CALL-IN” BASIS DURING 2025 THROUGH 2029

RFP# 6000002323

PROPOSAL SUBMISSION TEMPLATE

I. BACKGROUND:

The Port Authority of New York and New Jersey (the “Authority” or “Port Authority”) Call-In Program (the “Program”) is initiated through an initial Request for Proposal (RFP) solicitation in order to be considered for the performance of expert professional airport data analysis and business intelligence consulting services as requested on a “call-in” basis defined in general terms. Once the Agreement is awarded to appropriately qualified firms, performance of specific services will be solicited via future task order RFP requests.

II. INSTRUCTIONS:

The Port Authority of New York and New Jersey (the “Authority” or “Port Authority”) is seeking Proposals in response to the subject RFP for expert professional airport data analysis and business intelligence consulting services on an “call-in” basis. Each Agreement will be for a four-year term.

The scope of services to be performed by you are set forth in Attachment A to the Authority’s standard agreement (the “Agreement”) included herewith. You should carefully review this Agreement as it is the form of agreement that the Authority intends that you sign in the event of acceptance of your Proposal and forms the basis for the submission of Proposals. At its discretion, the Authority may retain multiple firms for performance of the subject services.

The Firm proposing (Prime Firm) must use this Proposal Template and Proposal forms. We have provided the Proposal Template and Proposal forms to Proposers as Microsoft Word format editable files. Firms are permitted to add lines or rows to tables in the Proposal forms where this is indicated but must make no other material change to the Proposal Template or Proposal forms. We have not included page limits in the Proposal Template. But in providing responses to questions, the Firm should use the space allocated in the Proposal Template and be mindful of the length the Firm’s response to the question asked.

All questions should be directed in writing via email to the Solicitation Manager, Chase Palmer, ropalmer@panynj.gov.

For purposes of Proposal presentation, the Firm proposing should separate each section of the Proposal by using a numbered tab, as shown in the table below.

III. PRE-PROPOSAL MEETING

The Pre-Proposal Meeting is intended to review requirements from the Authority Departments including Office of Diversity, Equity and Inclusion, Aviation, Treasury – Risk, and Procurement.

Firms are encouraged to attend the Pre-Proposal Meeting to gain more awareness regarding the services requested in this RFP, future task order solicitations, and the overall procurement process.

A virtual Pre-Proposal Meeting is scheduled on September 17, 2024, at 10:00 A.M. Eastern Time (ET). On September 17, 2024, please use the below link to access the meeting. If you have any issues connecting, please email Chase Palmer, ropalmer@panynj.gov.

Event address for attendees:

Join the meeting now Meeting ID: 295 499 706 100 Passcode: JYaQU5 Dial in by phone +1 607-442-4632,,12028552# United States, Elmira Find a local number Phone conference ID: 120 285 52#

IV. PROPOSER REQUIREMENTS:

Only proposals from firms that can demonstrate compliance with the following requirements shall be considered:

1. Proposer must demonstrate a minimum of three (3) projects serving as either the prime or subconsultant within the last ten (10) years in one or more of the scopes of work or similar types of work.

2. Proposer must demonstrate a minimum of two (2) individuals each with a minimum of five (5) years and/or two (2) projects demonstrating experience performing comparable tasks as contemplated under the requested services.

A determination that a Prime Firm meets the forgoing requirement(s) is no assurance that the firm will be selected for performance of the subject services. Prime firms that do not meet these requirements shall not be considered.

3. INSTRUCTIONS AND ADDITIONAL INFORMATION:

Tab

· Cover Sheet

· Attachment B – Agreement on Terms of Discussion

(Attachment C) Proposer must include a completed

· Attachment C – Company Profile

Firms may duplicate the below attachments as required, to demonstrate compliance with said Proposer Requirements listed in Section IV:

· Attachment D – Staff Qualifications and Experience, and

· Attachment E – Firm Qualifications and Experience Joint venture partnerships shall not be considered.

5.

MBE/WBE/SDVOBs Participation Plan (Attachment F)

The Port Authority has set a goal of twenty percent (20%) participation by qualified and Port Authority certified Minority Business Enterprises (MBEs) and ten percent (10%) for qualified and Port Authority certified Women-owned Business Enterprises (WBEs) on technical service projects for a total combined MWBE goal of thirty percent (30%), and three percent (3%) of the total contract price for Port Authority certified Service-disabled Veteran-owned Business Enterprises (SDVOBs) or SDVOBs certified in the State of New York.

Task orders to be performed at the Authority’s airports, in relation to redevelopment projects specifically at Newark Liberty International, John F. Kennedy International, and LaGuardia Airports, may require utilization of Local Business Enterprises (LBEs). The Consultant shall use every good-faith effort to utilize subconsultants who are LBEs within the Port District to the maximum extent feasible. Specific requirements shall be included in the task order requests.

The Proposer must include their MBE/WBE/SDVOBs Participation Plan, being proposed, by completing the below form:

· Attachment F – MBE/WBE/SDVOB Participation Plan

Salary Schedule – The Prime Firm proposing must include the name(s), title(s) and hourly rate(s) that would be in effect at the start of the Agreement term for all professional and technical personnel of the Prime firm who will be assigned to perform any services requested by completing the below form:

· Attachment G – Salary Schedule

(Statement) If the Firm proposing or any employee, agent or subcontractor/subconsultant of the Firm may have or may give the appearance of a possible conflict of interest, the Firm shall include in its Proposal a Conflict of Interest Statement indicating the nature of the conflict and a proposed Mitigation Plan. The Port Authority reserves the right to disqualify the Firm if, in its sole discretion, any interest disclosed from any source could create, or give the appearance of, a conflict of interest. The Port Authority reserves the right to disqualify the Firm if, in its sole discretion, it is not possible to mitigate the conflict of interest, with respect to any conflict disclosed from any source. The Port Authority's determination regarding any question(s) of conflict of interest shall be final.

· Attachment A

ADDITIONAL INFORMATION

The Authority shall accept only those proposals in electronic format for which the submission or modification is completed at the time of the Proposal Due Date. Proposal submissions will be accepted by upload only, at https://panynj.bonfirehub.com/portal/?tab=login and must be uploaded and received by the Authority no later than 2:00 P.M. Eastern Time (ET) on October 17, 2024. Emailed submissions, hand deliveries and mailed deliveries (e.g., UPS, USPS) will not be accepted.

Proposal submissions must be uploaded, submitted, and finalized prior to the Proposal Due Date. The Firms proposing are strongly urged to allow sufficient time of at least one (1) day prior to the Proposal Due Date to begin the uploading process and finalizing the Proposal submission. The Firms proposing will receive an email confirmation receipt with a unique confirmation number once a proposal submission is finalized.

The Firm will be permitted to submit modifications to Proposals or withdraw previously submitted Proposals electronically up to, but not after, the time of the Proposal Due Date.

All questions must be submitted in writing and received no later than five business days prior to the RFP due date. All questions shall be directed, via email, to the Solicitation Manager, Chase Palmer at ropalmer@panynj.gov.

After consideration of these factors, the Port Authority may enter into negotiations with the firm(s) deemed best qualified in terms of the foregoing factors to perform the required services.

The distribution process does not represent a contractual or other obligation on the part of the Port Authority and does not preclude the Port Authority from distributing work in a manner, which in its judgment will, under all circumstances, best serve the public interest.

REQUEST FOR PROPOSAL

PERFORMANCE OF EXPERT PROFESSIONAL AIRPORT DATA ANALYSIS AND BUSINESS INTELLIGENCE CONSULTING SERVICES AS REQUESTED ON A “CALL-IN” BASIS DURING 2025 THROUGH 2029

RFP# 6000002323

[PROPOSAL DUE date]

[PROPOSER NAME]

Lillian D. Valenti Chief Procurement Officer

4 World Trade Center l 150 Greenwich Street, 21st floor l New York, NY 10007

1399817 agreement on terms of DISCUSSION (attachment B)

Agreement on Terms of Discussion (Attachment B) Proposer must include a completed and signed Attachment B form.

ATTACHMENT B

PERFORMANCE OF EXPERT PROFESSIONAL AIRPORT DATA ANALYSIS AND BUSINESS INTELLIGENCE CONSULTING SERVICES AS REQUESTED ON A “CALL-IN” BASIS DURING 2025 THROUGH 2029

AGREEMENT ON TERMS OF DISCUSSION

The Port Authority’s receipt or discussion of any information (including information contained in any proposal, vendor qualification(s), ideas, models, drawings, or other material communicated or exhibited by us or on our behalf) shall not impose any obligations whatsoever on the Port Authority or entitle us to any compensation therefor (except to the extent specifically provided in such written agreement, if any, as may be entered into between the Port Authority and us). Any such information given to the Port Authority before, with or after this Agreement on Terms of Discussion (“Agreement”), either orally or in writing, is not given in confidence. Such information may be used, or disclosed to others, for any purpose at any time without obligation or compensation and without liability of any kind whatsoever. Any statement which is inconsistent with this Agreement, whether made as part of or in connection with this Agreement, shall be void and of no effect. This Agreement is not intended, however, to grant to the Port Authority rights to any matter, which is the subject of valid existing or potential letters patent.

Any information (including information contained in any proposal, vendor qualification(s), ideas, models, drawings, or other material communicated or exhibited by us or on our behalf) provided in connection with this procurement is subject to the provisions of the Port Authority Public Records Access Policy adopted by the Port Authority’s Board of Commissioners, which may be found on the Port Authority website at: http://corpinfo.panynj.gov/documents/Access-to-Port-Authority-Public-Records/. The foregoing applies to any information, whether or not given at the invitation of the Authority.

(Company)

(Signature)

(Title)

(Date) company PROFILE (attachment C)

Company Profile (Attachment C) Proposer must include a completed Attachment C form.

ATTACHMENT C

COMPANY PROFILE

1. Company Legal Name as shall appear in the Agreement:

2. Business Mailing Address: ______________________________________________________________________________________________________________________________________________________

6. Officer or Principal of Firm, Title, and email address:

7. Name, telephone number, and email address of contact for questions:

8. Is your firm a registered vendor with the Port Authority? Yes No If yes, please provide your Vendor ID number: ________________

9. If applicable, indicate whether your firm is certified by the Authority in any of the below categories. Please also attach a copy of your Authority certification as a part of this profile.

Minority Business Enterprise (MBE)

Women-owned Business Enterprise (WBE)

Small Business Enterprise (SBE)

Disadvantaged Business Enterprise (DBE)

Service-disabled Veteran-owned Business Enterprise (SDVOB)

If your firm is an MBE/WBE/SBE/DBE/SDVOB not currently certified by the Authority, see the Authority’s website – https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity/certification.html, to receive information and apply for certification.

Note: Company Legal Name shall be identical to the firm’s name in the EIN. Failure to comply with this requirement may lead to delays in contract awards and contract payments.

Proposer Requirements

The Authority will consider only those firms who are able to demonstrate compliance with the proposer requirements stated in Section IV.

· Use Attachment D for Staff Qualifications and Experience

· Use Attachment E for Firm Qualifications Joint venture partnerships shall not be considered under the “Call-In” Program

STAFF QUALIFICATIONS AND EXPERIENCE (Attachment d)

Staff Qualifications and Experience of Personnel Please complete one Attachment D for each proposed full-time personnel of the Prime Firm who will be assigned to perform the requested services to demonstrate that the Prime Firm meets the staffing requirements as stated in Section IV – Proposer Requirements. Firms may duplicate Attachment D, as required, to demonstrate compliance with Section IV.

The Firm proposing must include in this section the following completed form:

Attachment D – Staff Qualifications and Experience

ATTACHMENT D

STAFF QUALIFICATIONS AND EXPERIENCE

(City and State)

EDUCATION (Degree and Specialization)

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, Etc.)

BRIEF CAREER SUMMARY

(Please include total number of years of experience performing comparable services under this solicitation)

RELEVANT PROJECTS

(Include a minimum of two and no more than five completed projects comparable to the services contemplated under this solicitation)

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

(Please include scope, size, project cost value, project delivery model) ☐ Check if project performed with current firm

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

☐ Check if project performed with current firm

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

☐ Check if project performed with current firm

(4) TITLE AND LOCATION (City and State) PROJECT DURATION (MM/YYYY through MM/YYYY)

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

☐ Check if project performed with current firm

BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

☐ Check if project performed with current firm

FIRM QUALIFICATIONS AND EXPERIENCE (Attachment e)

Firm Qualifications and Experience of Personnel Please complete one Attachment E for each relevant project to demonstrate that the Prime Firm meets the firm experience as stated in Section IV – Proposer Requirements. Listed projects shall be comparable to those contemplated under the requested services in Attachment A. Firms may duplicate Attachment E, as required, to demonstrate compliance with Section IV.

The Proposer must include in this section the following completed form:

· Attachment E – Firm Qualifications and Experience

ATTACHMENT E

FIRM QUALIFICATIONS AND EXPERIENCE

RELEVANT PROJECTS

Include the relevant projects as outlined in Section IV – Proposer Requirements and comparable to the services contemplated under this solicitation.

C. BRIEF PROJECT DESCRIPTION AND SPECIFIC ROLE ON PROJECT

D. INDICATE WHETHER ANY PROPOSED PERSONNEL PERFORMED SERVICES UNDER THIS PROJECT AND EXPLAIN THEIR SPECIFIC ROLE ON THIS PROJECT

E. INCLUDE THE NAME OF THE CLIENT/COMPANY AND THE CLIENT/COMPANY’S CONTACT INFORMATION (EMAIL AND PHONE NUMBER), FOR VERIFICATION PURPOSES.

MBE/WBE/SDVOB PARTICIPATION PLAN (ATTACHMENT F)

MBE/WBE/SDVOBs Participation Plan The Port Authority has set a goal of twenty percent (20%) participation by qualified and Port Authority certified Minority Business Enterprises (MBEs) and ten percent (10%) for qualified and Port Authority certified Women-owned Business Enterprises (WBEs) on technical service projects for a total combined MWBE goal of thirty percent (30%), and three percent (3%) of the total contract price for Port Authority certified Service-disabled Veteran-owned Business Enterprises (SDVOBs) or SDVOBs certified in the State of New York. Task orders to be performed at the Authority’s airports, in relation to redevelopment projects specifically at Newark Liberty International, John F. Kennedy International, and LaGuardia Airports, may require utilization of Local Business Enterprises (LBEs). The Consultant shall use every good-faith effort to utilize subconsultants who are LBEs within the Port District to the maximum extent feasible. Specific requirements shall be included in the task order requests.

The MBE/WBE/SDVOB Plan submitted by the Proposer to the Port Authority shall contain, at a minimum, the following:

· Identification of MBE/WBE/SDVOBs: Provide the names and addresses of the MBE/WBE/SDVOBs. If none are identified, describe the process for selecting participant firms in order to achieve the good faith goals under these requested services.

· Scope of Work: Describe the specific scope of work the MBE/WBE/SDVOBs will be expected to perform.

All MBE/WBE/SDVOB subconsultants listed on the MBE/WBE/SDVOB Participation Plan must be certified by the Port Authority in order for the Consultant to receive credit toward the MBE/WBE/SDVOB goals set forth under these requested services. Please go to https://www.panynj.gov/port-authority/en/business-opportunities/supplier-diversity.html to search for MBE/WBE/SDVOBs by a particular commodity or service. The Port Authority makes no representation as to the financial responsibility of these firms or their ability to perform work under this Agreement.

If the Prime Firm is a Port Authority certified MBE or WBE, the Prime Firm can self-perform its portion of the participation goals of up to $2 million for non-construction projects, subject to the Port Authority’s approval. Port Authority certified M/WBE Prime Firms can only self-perform the MBE portion of the participation goals. However, note that all firms are encouraged to use every good-faith effort to utilize subconsultants who are Port Authority certified MBEs, WBEs or SDVOBs to the maximum extent feasible.

The Proposer must include in this Section the following completed form:

· Attachment F – The MBE/WBE/SDVOB Plan submitted by the Proposer to the Port Authority

ATTACHMENT F

MBE/WBE/SDVOB PARTICIPATION PLAN

This matrix is intended to graphically depict the MBE/WBE/SDVOB Participation Plan submitted by the Proposer to the Port Authority for the requested services.

IF NO FIRMS ARE IDENTIFIED ABOVE, DESCRIBE THE PROCESS FOR SELECTING PARTICIPANT FIRMS IN ORDER TO ACHIEVE THE GOOD FAITH GOALS UNDER THESE REQUESTED SERVICES.

[IF APPLICABLE, INSERT RESPONSE HERE]

COST (ATTACHMENT G)

Multiplier & Cost Provide the multiplier(s) of the Prime firm, including a breakdown of said multiplier(s), indicating all the multiplier(s) components (e.g., vacation, holiday, sick pay, workers' compensation, office rent, insurance, taxes, profit). Indicate Consultant Office/Port Authority Office Multiplier, as applicable. Multiplier(s) should be provided in the form of a decimal and no more than two decimal places (ex: 0.00).

Consultant Office Multiplier:

Port Authority Office Multiplier:

Include a breakdown of the multiplier(s) components below:

Salary Schedule Include the name(s), title(s) and hourly rate(s) assigned to each position of the personnel that would be assigned to perform the requested services. Indicate billing rates for partners or principals and actual hourly rates for all other billable employees. All firms who are awarded an Agreement will be expected to adhere to the provisions of Section 9.A., fourth paragraph with respect to rate increases. Firms shall not include any rate increase notations on their Salary Rate Schedule. Typical job titles may include, but are not limited to, the following:

The Proposer must include in this section the following completed form:

· Attachment G – Salary Rate Schedule

ATTACHMENT G

SALARY RATE SCHEDULE

FULL NAME

(LAST, FIRST)

conFLICT OF INTEREST (STATEMENT)

Conflict of Interest If the Firm proposing or any employee, agent or subcontractor/subconsultant of the Firm proposing may have or may give the appearance of a possible conflict of interest, the Firm shall include in its proposal a statement indicating the nature of the conflict. The Port Authority reserves the right to disqualify the Firm if, in its sole discretion, any interest disclosed from any source could create, or give the appearance of, a conflict of interest. The Port Authority's determination regarding any question(s) of conflict of interest shall be final.

The Firms proposing are advised that, while not currently anticipated, nothing herein shall preclude the Port Authority from determining at a subsequent point in time during performance of the services contemplated hereunder gives rise to the existence of, or the appearance of, a conflict of interest, and thereby conclude that a firm(s) selected for performance of the subject services, is/are expressly precluded from participation in, or the performance of other procurement opportunities for any project on which the firm has provided such services. The Firms proposing are directed to the Conflict-of-Interest paragraph of the attached Standard Agreement. The Firms proposing are further advised that under this Agreement, firms must provide, upon receipt of a Task Order issued by the Port Authority, written notice to the Port Authority of any existing or potential conflict of interest the firm(s) may have in the performance of services under this Agreement.

Conflict of Interest Statement (describe the nature of the conflict):

[INSERT RESPONSE HERE]

Mitigation Plan:

[INSERT RESPONSE HERE]

ATTACHMENT A

SCOPE OF SERVICES

PERFORMANCE OF EXPERT PROFESSIONAL AIRPORT DATA ANALYSIS AND BUSINESS INTELLIGENCE CONSULTING SERVICES AS REQUESTED ON A “CALL-IN” BASIS DURING 2025 THROUGH 2029

I. BACKGROUND

For background with respect to The Port Authority of New York and New Jersey (the “Authority”) see www.panynj.gov. Additionally, the most recent electronic version of the Authority’s Annual Report is available at http://www.panynj.gov/corporate- information/annual-reports.html.

II. SCOPE OF SERVICES

The services of the Consultant shall generally consist of performing aviation related studies, analyses and project/program management services on a “call-in” basis. Services shall include, but not be limited to: (1) preparing draft and final written reports documenting findings and recommendations; (2) preparing Quality Assurance and Quality Control (QA/QC) plans; (3) participating in stakeholder meetings; and (4) conducting presentations.

III. DESCRIPTION OF CONSULTANT’S TASKS

Tasks may include, but are not limited to, the following:

1. Data Analytics Project Planning and Scope Definition: Develop a project plan outlining tasks, milestones, and dependencies; track and report out on projects and sprints within organization’s Devops software.

2. Data Collection and Integration: Clean, preprocess, and integrate data from multiple sources by developing data engineering pipelines that feed into a centralized cloud-based data warehouse.

3. Data Model Development: Create data models for correlative and predictive analyses.

4. Statistical Analysis and Advanced Modeling (AI and ML): Build AI predictive models or machine learning algorithms to solve business use cases; Evaluate the performance of advanced analytical models and algorithms and fine-tune them to enhance performance.

5. Data Visualization and Reporting: Develop interactive dashboards and reports based on audience needs using enterprise business intelligence tools example Microsoft PowerBI)

6. Real-time Streaming and Integration: Integrate real-time data from external systems such as databases, APIs, and third-party services; Implement connectors or adapters to facilitate seamless data exchange between different systems.

7. Application Development: Design and develop application features including the technology stack, integration patterns, wireframes, prototypes, custom User Interfaces (UI).

8. Geographic Information Systems (GIS): Design and manage spatial databases and develop web-based GIS applications and visualizations.

9. Documentation and Knowledge Transfer: Document methodologies, processes, and findings for future reference; provide training or knowledge transfer sessions to internal teams as needed.

10. Quality Assurance and Testing: Implement quality assurance measures to validate results and mitigate risks and address any issues or discrepancies identified.

11. Post-Implementation Support/Maintenance: Monitor the performance of implemented solutions, offer ongoing support and guidance, and make necessary adjustments to ensure the long-term success of the project.

IV. CONDITIONS AND PRECAUTIONS

A. General The Consultant shall immediately inform the Authority of any unsafe condition discovered at any time during the course of this work. Vehicular traffic on the Airport shall always have priority over any and all of the Consultant’s operations.

B. Work Areas The Consultant shall limit inspection work to the areas necessary for the performance of such inspection and shall not interfere with the operation of the facility without first obtaining specific approval from the Director of Aviation.

During all periods of time when not performing operations at the work site, the Consultant shall store all equipment being used for the inspection in areas designated by the Director of Aviation and shall provide all security required for such equipment.

The Consultant shall not permit any objects or pieces of equipment to lie unattended on sidewalks, roadways, runways, taxi-lanes or structures at any time.

C. Work Hours The Consultant shall perform work at the site between the hours of 8:00 A.M. and 5:00 P.M., Eastern Time, Monday through Friday, unless otherwise directed by the Director.

In any case, no work shall be performed at the site on Port Authority holiday, unless otherwise directed by the Director.

4 World Trade Center l 150 Greenwich Street, 21st floor l New York, NY 10007

P.A. AGREEMENT # ***-**-***

DATE

FIRM

ADDRESS

CITY, ST ZIP

Attention: CONTACT, TITLE

SUBJECT: PERFORMANCE OF EXPERT PROFESSIONAL **** SERVICES AS REQUESTED ON A "CALL-IN" BASIS DURING 20** THROUGH 20**

Dear Mr./Ms. CONTACT:

1. The Port Authority of New York and New Jersey (the "Authority" or "Port Authority") hereby offers to retain FIRM NAME (the “Consultant" or "you") to provide expert professional services as more fully set forth in Attachment A, which is attached hereto and made a part hereof, on a "call‑in" basis during 20** through 20**.

The Authority does not guarantee the ordering of any services under this Agreement and specifically reserves the right, in its sole discretion, to use any person or firm to perform the type of services required hereunder.

This Agreement shall be signed by you and by the Authority’s Chief Procurement Officer. As used herein, "the Director" shall mean the ******* of the Authority, or the ******* of the Authority, their duly authorized representatives.

For the purpose of administering this Agreement, the Director has designated NAME, TITLE, to act as their duly authorized representative. The Project Manager for this project is NAME, tel. (***) ***-****, or e-mail address: ****@panynj.gov

5. The Consultant shall meet and consult with Authority staff as requested by the Director in connection with any service to be performed herein. All items to be submitted or prepared by the Consultant hereunder shall be subject to the review of the Director. The Director may disapprove if, in his/her sole opinion said items are not in accordance with the requirements of this Agreement, accepted professional standards, or are impractical, uneconomical or unsuited in any way for the purpose for which the contemplated construction or services is intended. If any of the said items or any portion thereof are so disapproved, the Consultant shall forthwith revise them until they meet the approval of the Director, but the Consultant will not be compensated under any provision of this Agreement for performance of such revisions. No approval or disapproval or omission to approve or disapprove, however, shall relieve the Consultant of its responsibility under this Agreement to furnish the requested services in accordance with an agreed upon schedule, and in accordance with professional standards.

At the Authority’s discretion, in lieu of the compensation terms set forth in Section 9.A. above, Task Orders may be issued whereby lump sum compensation is required. Those lump sum Task Order requests will include terms and conditions with respect to compensation, and you shall be required to submit a staffing analysis. For Task Order requests issued whereby the terms and conditions as stated in Section 9.A. above apply, the attached approved salary schedule, or any previously Authority-approved salary increase shall prevail.

The Consultant shall verify that its employees, subconsultants, or subcontractors working under this Agreement are legally present and authorized to work in the United States, as per the federally required I-9 Program. Furthermore, upon request of the Authority, the Consultant shall furnish, or provide the Authority access to federal Form I-9 (Employment Eligibility Verification) for each individual hired by the Consultant, performing services hereunder. This includes citizens and noncitizens.

The Authority reserves the right to interview and approve any and all personnel, amounts, billing rates and salaries of said personnel performing services under this Agreement. Any costs incurred by the Consultant pertaining to interviews of prospective personnel, if any, are not billable to the Authority. When requesting salary or billing rate adjustments for one or more of its personnel, the Consultant shall submit his/her name, title, current direct hourly rate or billing rate, proposed new direct hourly salary or billing rate, resulting percentage increase, effective date and reason for the requested change, setting forth in detail any increased cost to the Consultant of providing the services under this Agreement which has given rise to the request for increased salary. For adjustments submitted after the effective date of this Agreement, the Authority will grant an increase only if the Consultant demonstrates compliance with all of the following conditions: that increases in salary, or partner's or principal's billing rate or amount, are a) in accordance with the program of periodic merit and cost of living increases normally administered by it, b) warranted by increased costs of providing services under this Agreement, c) based upon increases in salaries and billing rates which are generally applicable to all of Consultant’s clients and d) in accordance with the Authority’s salary rate increase policy for the current year for Authority employees possessing comparable skills and experience. If, during any calendar year, Authority limits are not available to the Consultant in a timely fashion, increases falling within such limits may be approved retroactively, as appropriate. The amount of increase in salary or billing rate, if any, to be applicable under this Agreement will in all cases be finally determined by the Director or their designee, in their sole and absolute discretion.

Notwithstanding the above, the multipliers set forth in this subparagraph shall be applied only in the case of personnel other than partners or principals who are permanent employees.

The Authority will pay an amount approved in advance by the Director and computed as follows for the reproduction of submittal drawings, specifications, and reports:

1) If the Consultant uses its own facilities to reproduce such documents, an amount computed in accordance with the billing rates the Consultant customarily charges for reproduction of such documents under agreements such as this, or

2) If the Consultant uses an outside vendor for the reproduction of such documents, the actual, necessary, and reasonable amounts for the reproduction of such documents.

The Authority will not pay for expenses that are usually and customarily included as part of the Consultant's overhead. For the purposes of this Agreement out-of-pocket expenses do not include amounts for typing, utilization of computer systems, computer aided design and drafting (CADD), cameras, recording or measuring devices, flashlights and other small, portable equipment, safety supplies, phones, telephone calls, electronic messaging including Fax, or expendable office supplies. Unless otherwise indicated, required insurance is not a reimbursable expense.

When the Consultant uses its personal vehicle to provide services within the Port District, the Consultant will be reimbursed for travel expenses beyond normal commuting costs at a rate not higher than the Annual Federal Mileage Reimbursement Rate (as determined by the United States General Services Administration (GSA) – http://www.gsa.gov/portal/content/100715 per mile traveled by auto.

When the Consultant is asked to provide services outside the Port District, the actual cost of transportation as well as the cost for hotel accommodations and meals will be reimbursable hereunder when approved in advanced in writing by the Director. The cost for all meals and lodging on approved overnight trips is limited to the amounts established by the United States GSA for that locality.

GSA Domestic Rates: http://www.gsa.gov/portal/category/21287 You shall obtain the Director’s written approval prior to making expenditures for out-of-pocket expenses in excess of one thousand dollars ($1,000) per specific expenditure and for all overnight trips, which are reimbursable expenditures as set forth above. You shall substantiate all billings for out‑of‑pocket expenses in excess of twenty-five dollars ($25) with receipted bills and shall provide said receipts with the appropriate billing.

E. As used herein:

"Port District" is a geographical area of about 1,500 square miles in the States of New York and New Jersey, centering about New York Harbor. The Port District includes the Cities of New York and Yonkers in New York State, the cities of Newark, Jersey City, Bayonne, Hoboken, and Elizabeth in the State of New Jersey and over 200 other municipalities, including all or part of seventeen counties, in the two States.

"Salaries paid to employees" or words of similar import means salaries and amounts actually paid (excluding payments or factors for holidays, vacations, sick time, bonuses, profit participations and other similar payments) to architects, engineers, designers, drafters or other professional and technical employees of the Consultant for time actually spent directly in the performance of technical services hereunder and recorded on daily time records which have been approved by the employee's immediate supervisor, excluding the time of any employee of the Consultant to the extent that the time of such employee of the Consultant is devoted to typing/word processing, stenographic, clerical or administrative functions. Such functions shall be deemed to be included in the multipliers referred to in Subparagraph A above.

8. You shall keep, and shall cause any subconsultants under this Agreement to keep, daily records of the time spent in the performance of services hereunder by all persons whose salaries or amounts paid thereto will be the basis for compensation under this Agreement as well as records of the amounts of such salaries and amounts actually paid for the performance of such services and records and receipts of reimbursable expenditures hereunder and, notwithstanding any other provision of this Agreement, failure to do so shall constitute a conclusive waiver of any right to compensation for such services or expenses as are otherwise compensable hereunder. The Authority will have the right to audit all such records.

The Authority will have the right to inspect your records, and those of your subconsultants, pertaining to any compensation to be paid hereunder, such records to be maintained by you and your subconsultants for a period of three years after completion of services to be performed under this Agreement.