23-533-RFP_-_Passenger_Boarding_Bridges_-_Complete.pdf

REQUEST FOR PROPOSALS (RFP)

23-533-RFP

Passenger Boarding Bridges and Related Equipment

RFP documents are available from the Greater Orlando Aviation Authority’s Purchasing and Procurement Department e-Procurement Platform:

https://procurement.opengov.com/portal/goaa

DATE OF ISSUE: Sunday, July 9, 2023

PRE-PROPOSAL MEETING DATE: Tuesday, July 18, 2023

PRE-PROPOSAL MEETING TIME: 1:00 PM Local Time, Orlando, FL

PRE-PROPOSAL MEETING LOCATION: Meet at Greater Orlando Aviation Authority Annex Building

Conference Room Gemini (5855 Cargo Road, Orlando, FL 32827) Meeting will be followed by a site visit.

PRE-PROPOSAL MEETING: The pre-proposal meeting is not mandatory, however, a site visit to perform measurements is mandatory. If a Proposer does not attend the pre-proposal meeting, it must arrange for an escorted site visit by Wednesday, July 14, 2023. Site visits will be arranged between Monday, July 19, 2023 and Wednesday, July 28, 2023.

DEADLINE FOR QUESTIONS: Tuesday, August 8, 2023 at 5:00 PM Local Time, Orlando, FL. SUBMIT ALL QUESTIONS & INQUIRES VIA

OPENGOV.

RESPONSES DUE DATE/TIME: Sealed Electronic offers will be accepted up to 2:00 PM

(Local Time, Orlando, FL) on Tuesday, August 22, 2023, via the electronic procurement portal referenced above.

PROPOSAL OPENING MEETING: Via Teams Meeting. Link to meeting can be requested by submitting a request via Opengov Questions.

☒ Symbol means the option is selected, and to be applied to this RFP.

☐ Symbol means the option is not selected, and is not to be applied to this RFP.

23-533-RFP Page 2 of 67 RFP/ PO-BPA/Rev4.12.23

E-PROCUREMENT PLATFORM

The Aviation Authority’s Purchasing Department has transitioned to a new E-Procurement Platform, OpenGov, effective April 3, 2023. New solicitations will be posted with OpenGov and electronic responses will be accepted via the e-Procurement Portal. There is not cost for vendors to register with OpenGov.

To access new solicitations, visit https://procurement.opengov.com/portal/goaa.

To get started, click here to sign up. https://procurement.opengov.com/signup You’ll receive an email to activate your account.

For more information about how to register, please see our help file here:

https://help.procurement.opengov.com/en/articles/2482165-vendor-registration

RECEIVING ELECTRONIC RESPONSES TO BIDS/PROPOSALS

To successfully submit a response to a solicitation, Vendors are required to submit their electronic response via OpenGov - https://procurement.opengov.com/portal/goaa. Mailed, faxed, emailed, and hand delivered submissions will not be accepted. Responses will only be accepted via OpenGov. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

https://procurement.opengov.com/signup https://procurement.opengov.com/signup http://help.procurement.opengov.com/en/articles/2482165-vendor-registration

23-533-RFP Page 3 of 67 RFP/ PO-BPA/Rev4.12.23

IMPORTANT NOTICES

All Bidders are hereby notified that they must comply with: 1) the Disadvantaged Business

Enterprise (DBE) requirements of 49 CFR Part 26, as referenced in the Owner's Disadvantaged Business Enterprise Participation Program and Affirmative Action requirements; 2) the Buy American requirements imposed by 49 USC § 50101; 3) the minimum prevailing wage rates established by the Secretary of the U.S. Department of Labor (Davis Bacon requirements); 4) Certification Regarding Lobbying Pursuant to 49 CFR Part 20 for Contracts, Grants, Loans, and Cooperative Agreements; 5) Certification Regarding

Debarment, Suspension, Ineligibility And Voluntary Exclusion (2 CFR Part 1200,2 CFR Part 180, and the Owner’s Policy Section 130.04); 6) the Standard Title VI Assurances and Nondiscrimination Provisions; 7) the Foreign Trade Restriction Certification (49 USC §50104 and 49 CFR part 30); and 8) the procurement of recovered materials pursuant to the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247.

The Owner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The requirements of 49 CFR part 26 apply to this Contract. It is the policy of the Owner to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this Contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY

1. The Bidder’s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows:

Timetables:

Goals for minority participation for each trade: 15.5% Goals for female participation in each trade: 6.9%

These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 4.3(a), and its efforts to

23-533-RFP Page 4 of 67 RFP/ PO-BPA/Rev4.12.23 meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the

Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the Contractor's goals, shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60 4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director, Office of Federal Contract

Compliance Program (OFCCP), within ten (10) working days of award of any construction subcontract in excess of Ten Thousand Dollars ($10,000.00) at any tier of construction work under the Contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the Contract resulting from this solicitation, the "covered area" is Orlando, Florida SMSA*.

*Orange, Osceola, and Seminole Counties, Florida.

INTEREST IN GOVERNMENTAL CONTRACTING / RESPONSIBLE VENDOR

DETERMINATION

In accordance with F.S. sec. 287.05701, The Greater Orlando Aviation Authority, including any members of a selection committee utilized by the Aviation Authority, will not (a) give preference to a vendor based on the vendor’s social, political or ideological interests, and (b) request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.

23-533-RFP Page 5 of 67 RFP/ PO-BPA/Rev4.12.23

TABLE OF CONTENTS

1.0 AMERICANS WITH DISABILITIES ACT

2.0 GENERAL INFORMATION

2.1 Attachments to this RFP Document

2.2 General

2.3 Tentative Schedule

2.4 Intent/Purpose

2.5 Questions and Communication Related to this RFP

2.6 Silence of Specifications

2.7 Lobbying Statement

2.8 Proposal Due Date, Time and Location and Late Proposals

2.9 Pre-Proposal Conference

2.10 Addenda

2.11 Understanding of Scope and Terms and Conditions

2.12 Contract Agreement, General Provisions and Specifications

2.13 Title VI Notice

2.14 Disadvantaged Business Enterprise (DBE) Participation

2.15 Minority and Women Business Enterprise ("MWBE") Participation OR Local

Developing Business (LDB) Participation - Not applicable

2.16 Code of Ethics and Business Conduct Policy

2.17 Conflict of Interest

2.18 Reservation of Rights

2.19 Public Meetings/Public Records

2.20 Florida Public Records Law

2.21 Whistle Blower Reporting Line

2.22 EEO Statement

2.23 Federal Fair Labor Standards Act

2.24 Occupational Safety And Health Act of 1970

2.25 Purchasing Agreements with Other Governmental Entities

2.26 Build America, Buy America Act, FAA’s Buy American Preference, Made in America

Laws

2.27 Assignment

2.28 Verbal Instructions

2.29 Patents and Royalties

2.30 Software License to Contractor

2.31 Warranty Against Infringement of Intellectual Property

2.32 Ownership of Work Product

2.33 Scrutinized Companies

2.34 Discriminatory Vendor List

2.35 Drug-Free Workplace

2.36 Verification of Employment Status

2.37 Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive

Security Information (SSI), Payment Card Industry (PCI)

2.38 Indemnification

2.39 Safety Warranty

2.40 Warranty

2.41 Incurred Cost

2.42 Discounts

23-533-RFP Page 6 of 67 RFP/ PO-BPA/Rev4.12.23

2.43 Taxes

2.44 Contractor’s Personnel

2.45 Safety and Protection

2.46 Deliveries

2.47 Inspection and Acceptance

2.48 Failure to Perform

2.49 Invoicing/Compensation

2.50 Operations During Dispute

2.51 Litigation Venue

2.52 Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

(2 CFR PART 1200 AND 2 CFR PART 180)

2.53 Certification Regarding Foreign Trade Restrictions (49 CFR PART 30) Trade Restriction Certification (49 CFR PART 30)

2.54 Certification Regarding Use of Contract Funds for Lobbying (49 CFR 20)

2.55 Texting When Driving

3.0 BACKGROUND INFORMATION

3.1 Airport Demographics

3.2 Airport Environment

4.0 SPECIAL CONDITIONS

4.1 Proposer’s Minimum Requirements

4.2 Purchase Quantities and Purchase Period

4.3 Pricing

4.4 Price Escalation/De-Escalation

4.5 Alternate Items

4.6 Ordering

4.7 Payment and Performance Bond

4.8 Insurance

4.9 Airport Security

4.10 Airport Operations Area

4.11 Identification / Access Requirements

5.0 SCOPE OF WORK / SPECIFICATION

6.0 EVALUATION CRITERIA AND SELECTION PROCESS

7.0 RESPONSE PREPARATION AND SUBMITTAL

7.1 Submittal of Proposals

7.2 Required Proposal Format

1. Proposer’s Certification

2. Addendum Receipt Verification

3. Conflict of Interest Disclosure Form

4. Assistance with Development of Specifications or Item Selection

5. Discrimination; denial or revocation of the Right to Transact Business with Public Entitles

Certificate

6. Certification Regarding Prohibition Against Contracting with Scrutinized Companies

7. Public Entity Crimes Certificate

8. E-Verification Certification

9. Drug-Free Workplace Certification

23-533-RFP Page 7 of 67 RFP/ PO-BPA/Rev4.12.23

10. Certification of Compliance with Federal Aviation Administration Buy American Preference

11. Equal Opportunity Report

12. Additional Insured Cost Disclosure

13. Certification of Proposer Regarding Tax Delinquency and Felony Convictions

14. Schedule of DBE Subcontractor Participation Form

15. Letter of Bondability or Letter of Credit

16. Current W9

17. Copy of Acord Certificate of Liability Insurance, signed affirmation of ability to comply from a licensed insurance agent, or insurance quote

18. Copy of Sunbiz Registration

23-533-RFP Page 8 of 67 RFP/ PO-BPA/Rev4.12.23

1.0 AMERICANS WITH DISABILITIES ACT

Then Greater Orlando Aviation Authority (GOAA, Aviation Authority) does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for the Americans with Disabilities Act or Section 86.26, Florida Statutes, should contact the ADA Coordinator at 407-825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

23-533-RFP Page 9 of 67 RFP/ PO-BPA/Rev4.12.23

2.0 GENERAL INFORMATION

2.1 Attachments to this RFP Document

Attachment A: Contract Agreement, General Provisions of the Construction Contract and Specifications (aka Contract or Contract Documents)

Attachment B: Scope of Work

2.2 General

Throughout this document the words Contractor, Consultant, Supplier and Vendor are used synonymously.

2.3 Tentative Schedule

Release Date: 07/09/2023

Pre-Proposal Meeting: 07/18/2023

If Pre-Proposal Conference not attended, arrange site visit by 07/14/2023

Optional Site visits: between 07/19/2023 and 07/28/2023, as scheduled

Deadline for submission of questions: 08/08/2023

Release of Addendum: 08/11/2023

Deadline for submission of Proposal: 08/22/2023

Procurement Committee 1*: 09/21/2023

Procurement Committee 2*: 09/28/2023

Aviation Authority Board Meeting:*10/18/2023

*Sunshine Meeting schedules are posted weekly on the Aviation Authority website.

2.4 Intent/Purpose

The Greater Orlando Aviation Authority, Orlando International Airport, Orlando, Florida, (Aviation Authority) is soliciting sealed proposals from qualified Proposers to provide, install and commission Passenger Boarding Bridges, at the Orlando International Airport.

The awarded Contractor (Proposer) must be licensed to do business in the State of

Florida and perform under the laws of the State of Florida.

2.5 Questions and Communication Related to this RFP

Proposers shall submit all inquiries regarding this RFP via the e-Procurement Platform, located at https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries must be posted on the Aviation Authority e-

Procurement Platform. Questions will be answered through the e-Procurement Platform.

Proposers may also click “Follow” on this RFP to receive an email notification when answers are posted. It is the responsibility of the Proposer to check the website for answers to inquiries. Questions will be answered through the e-Procurement Portal.

23-533-RFP Page 10 of 67 RFP/ PO-BPA/Rev4.12.23

2.6 Silence of Specifications

The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and only materials of first quality be provided.

2.7 Lobbying Statement

All firms are hereby placed on notice the Aviation Authority Board and staff shall not be contacted about this RFP. Firms and their agents are hereby placed on notice that they are not to contact members of the Aviation Authority staff and/or Committee/Board member (with the exception of designated Purchasing Agent). Public meetings and public deliberations of the Selection Committee are the only acceptable forum for the discussion of merits of products/services requested by the Request For Proposals; and written correspondence concerning Proposals may be submitted to the Purchasing Department.

An appropriate official or employee of the Aviation Authority may initiate communication with a Proposer in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Solicitation. Any official communication from a Proposer during the solicitation process should be submitted in writing to the GOAA Annex Building, Purchasing Department, 5855 Cargo Road, Orlando, FL 32827- 4399, or via OpenGov as directed during the solicitation process. A copy of the Administration Policies (Sections

180.01 and 180.03) are available upon request from the Chief Administrative Officer.

Failure to adhere to these requirements could result in Board action to disqualify your firm from consideration of award.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. (F.S. 287.057 (23))

Also see Attachment A - General Provisions 20-34.

2.8 Proposal Due Date, Time and Location and Late Proposals

Offers must be received by the proposal due date, time and location notated on the cover page.

The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any response. The office opening time shall be scrupulously observed. Under no circumstances shall responses delivered after the time specified be considered.

2.9 Pre-Proposal Conference

Please see the Cover Page of this solicitation for the location, date, and time of pre-proposal conference. The purpose of any Pre-Proposal Conference is to review and

23-533-RFP Page 11 of 67 RFP/ PO-BPA/Rev4.12.23 discuss the solicitation (and any addenda) as published. Attendance is not mandatory but is highly encouraged. An escorted site visit to take measurements is required and will occur immediately following the pre-proposal conference. Proposers are expected to be familiar with the RFP Documents.

2.10 Addenda

If deemed necessary, the Purchasing Department may supplement this RFP Document by issuing Addenda. If the Purchasing Department determines that it is necessary to change these dates or times prior to the proposal due date, the change will be announced via an addendum and posted on the e-Procurement Platform. Acknowledgement of receipt of all Addenda is required in order to be considered responsive.

2.11 Understanding of Scope and Terms and Conditions

All prospective Proposers shall thoroughly examine and become familiar with the RFP package, including the scope and the Terms and Conditions, and carefully note the terms which must be submitted with the Proposal as detailed in Section 7.0 below.

Submission of a Proposals shall constitute an acknowledgment that the Proposer has read and understands the RFP Documents. The failure or neglect of a Proposer to receive or examine any RFP Document shall in no way relieve it from any obligations under its Proposal or the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the scope.

2.12 Contract Agreement, General Provisions and Specifications

The Agreement is included with the RFP document as Attachment A. Any other/additional Terms and Conditions, or reference to other Terms and Conditions submitted with the response will be considered an objection to GOAA’s Terms and Conditions, and the

Proposer may be considered non-responsive.

BY SIGNING AND SUBMITTING A PROPOSAL, PROPOSER ACKNOWLEDGES THAT

IT WILL EXECUTE THE AGREEMENT, AND THE AGREEMENT WILL SUPERSEDE

ANY TERMS AND CONDITIONS REFERENCED ON SALES ORDERS, ORDER

ACKNOWLEDGEMENTS, INVOICES, ETC.

2.13 Title VI Notice

The Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Proposers that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

23-533-RFP Page 12 of 67 RFP/ PO-BPA/Rev4.12.23

2.14 Disadvantaged Business Enterprise (DBE) Participation

All Proposers are hereby notified that they must comply with the Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 including Appendix A, which addresses Good Faith Effort, as referenced in the Owner's DBE Participation Program.

Pursuant to regulations promulgated by the U.S. Department of Transportation, the Owner has adopted a Disadvantaged Business Enterprise (DBE) Participation Program for Federally and State of Florida Funded Contracts.

The policies, forms and certified DBE Directory are available on-line at the Owner’s web site: http://www.orlandoairports.net/small_business/index.htm.

The DBE Subcontractor Participation Goal is established at 5%.

Proposers shall be solely responsible for confirming DBE subcontractors' experience, capacity, certification and any other information related to the Project.

The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to withholding monthly progress payments, assessing sanctions, liquidated damages;

and/or disqualifying the Contractor from future bidding as non-responsible.

2.15 Minority and Women Business Enterprise ("MWBE") Participation OR Local

Developing Business (LDB) Participation - Not applicable

2.16 Code of Ethics and Business Conduct Policy

The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy (Section 204.01) which addresses, the obligation of the Aviation Authority’s Board members and employees to follow the Florida Statutes in reference to these issues. This includes, but is not limited to, the obligations of the Aviation Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Proposer and/or any attempt to influence an Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Proposer to propose on any Contract or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Chief Administrative Officer.

2.17 Conflict of Interest

The award hereunder is subject to provisions of State of Florida Statutes. All Contractors must disclose with their response the name of any officer, director, or agent who is also an employee of the Aviation Authority. Further, all Contractors must disclose the name of any Aviation Authority employee who owns, directly or indirectly, an interest of ten percent

(10%) or more in the Contractor’s firm or any of its branches.

http://www.orlandoairports.net/small_business/index.htm

23-533-RFP Page 13 of 67 RFP/ PO-BPA/Rev4.12.23

2.18 Reservation of Rights

As the best interest of the Aviation Authority may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality in bids received. Proposers are cautioned to make no assumptions unless their Proposal has been determined as meeting the Minimum Requirements and being responsive and responsible. All awards made as a result of this RFP shall conform to applicable policies of the Aviation Authority.

The Aviation Authority reserves the right to reject bids containing any additional terms or conditions not specifically requested in the original special conditions and/or the terms and conditions.

The Aviation Authority reserves the right at its sole discretion to increase, decrease, or delete any portion of the Scope of this Contract at any time without cause.

2.19 Public Meetings/Public Records

Please be aware that all meetings of the Aviation Authority’s Board are duly noticed public meetings and all documents submitted to the Aviation Authority as a part of or in connection with a solicitation will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

2.20 Florida Public Records Law

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE AVIATION

AUTHORITY’S CUSTODIAN OF PUBLIC RECORDS AT:

www.orlandoairports.net/publicrecords; , PHONE NUMBER 407.825.2400; AND

MAILING ADDRESS, GREATER ORLANDO AVIATION AUTHORITY, PUBLIC

RECORDS, ONE JEFF FUQUA BOULEVARD, ORLANDO, FL 32827.

A Contractor with an Aviation Authority Contract for services, must comply with Florida Statute, Chapter 119.071, specifically to: Keep and maintain public records that ordinarily and necessarily would be required by the Aviation Authority in order to perform the service. Upon request from the Aviation Authority’s custodian of public records, provide the Aviation Authority with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the Aviation Authority would provide the records and at a cost that does not exceed the cost provided in Chapter 119.07, Florida Statutes, or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Aviation Authority. Upon completion of the Contract, meet all requirements for retaining public records and transfer, at no cost to the Aviation Authority, all public records in possession of the Contractor or keep and maintain public records required by the Aviation Authority to perform the service. If the

Contractor transfers all public records to the Aviation Authority upon completion of the Contract, the Contractor shall, upon termination of the Contract, destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure

23-533-RFP Page 14 of 67 RFP/ PO-BPA/Rev4.12.23 requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Aviation Authority, upon request from the Aviation Authority’s custodian of public records, in a format that is compatible with the information technology systems of the Aviation Authority. If a

Contractor does not comply with a public records request, the Aviation Authority shall enforce the Contract provisions in accordance with the Contract.

2.21 Whistle Blower Reporting Line

The Aviation Authority is committed to the highest level of integrity in its operations and is fully committed to protecting the organization, its operations, and its assets against fraud, waste or abuse. The Aviation Authority has established a Whistle Blower Reporting Line with a third-party service provider as a means for employees, Contractors, vendors, tenants and the general public to report suspected fraud, waste or abuse in connection with Aviation Authority operations. Should Contractor suspect any fraud, waste or abuse in connection with any work under this Contract, including any work of its Subcontractors or laborers, it shall promptly report such activity at 877-370-6354, through email:

GOAA@integritycounts.ca, or through the online reporting form at https://www.integritycounts.ca/org/GOAA The Contractor shall include this reporting requirement in all subcontracts and vendor agreements. The Contractor is further encouraged to report any suspected fraud, waste or abuse it suspects in connection with any other airport operation or project.

2.22 EEO Statement

Contractors must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businesses are encouraged to participate. The Aviation Authority is an equal opportunity employer.

2.23 Federal Fair Labor Standards Act

All Contracts and subcontracts that result from this Contract incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

2.24 Occupational Safety And Health Act of 1970

All Contracts and Sub-Contracts that result from this Contract incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor (also known as Consultant) must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee.

The Consultant retains full responsibility to monitor its compliance and their Subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Consultant must address any claims or https://www.integritycounts.ca/org/GOAA

23-533-RFP Page 15 of 67 RFP/ PO-BPA/Rev4.12.23 disputes that pertain to a referenced requirement directly with the U.S. Department of

Labor – Occupational Safety and Health Administration.

2.25 Purchasing Agreements with Other Governmental Entities

The Authority permits the awarded Proposer(s) to extend the pricing, terms and conditions of this solicitation to other governmental entities at the Proposer’s discretion.

Each governmental entity that utilizes this solicitation or its results will be responsible for execution of its own requirements with the awarded Proposer(s).

2.26 Build America, Buy America Act, FAA’s Buy American Preference, Made in

America Laws

The Contractor must certify that its proposal is in compliance with 49 USC § 50101, Build

America, Buy America (BABA) and other related Made in America Laws, U.S. statutes, guidance, and FAA policies, which provide that Federal funds may not be obligated unless all iron, steel and manufactured goods used in AIP funded projects are produced in the

United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy

American Waivers Issued list.

The Proposer must complete and submit the certification of compliance with FAA’s Buy

American Preference, BABA and Made in America laws included herein with their proposal. The Airport Sponsor/Owner will reject as nonresponsive any proposal that does not include a completed certification of compliance with FAA’s Buy American Preference and BABA.

2.27 Assignment

See Attachment A GP 80-01. Assignments require at least sixty (60) days prior notice.

2.28 Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Aviation Authority employee. Only those communications, which are in writing from an authorized Aviation Authority representative, may be considered. Only written communications from Contractors, which are signed by a person designated as authorized to bind the company, will be recognized by the Aviation Authority as duly authorized expressions on behalf of the Contractor.

2.29 Patents and Royalties

See Attachment A GP 70-04. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the proposed prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work.

23-533-RFP Page 16 of 67 RFP/ PO-BPA/Rev4.12.23

2.30 Software License to Contractor

If this purchase is for the license of software products and/or services, and unless otherwise agreed, Contractor hereby grants to the Aviation Authority, a perpetual, irrevocable, nonexclusive, nontransferable, royalty free license to use the software. This software is “proprietary” to Contractor, and is licensed and provided to the Aviation Authority for its sole use for purposes under this Contract and any attached work orders or invoices. The Aviation Authority may not use or share this software without permission of the Contractor; however, the Aviation Authority may make copies of the software expressly for backup purposes.

2.31 Warranty Against Infringement of Intellectual Property

Contractor warrants that the goods or services do not infringe upon or violate any United States patent, copyright, or trade secret. Contractor will defend at its expense any action against the Aviation Authority or the Aviation Authority as licensee to the extent that it is based on a claim that goods used or services provided used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Contractor will pay any and all costs and damages finally awarded against the Aviation

Authority or the Aviation Authority as licensee in such actions which is attributable to such claim. Should the products or services become, or in Contractor's opinion be likely to become, the subject of any claim of infringement, Contractor shall either: (a) procure for the Aviation Authority the right to continue to use the goods or services; or (b) modify the goods or services to make them non-infringing, provided that such modification does not materially adversely affect the Aviation Authority’s authorized use; or (c) replace the goods or services with equally suitable, compatible, and functionally equivalent non-infringing goods or services at no additional cost to the Aviation Authority; or (d) if none of the foregoing alternatives is reasonably available to Contractor, terminate this Contract and refund to the Aviation Authority the payments actually made to Contractor under this

Contract.

2.32 Ownership of Work Product

Contractor agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Contractor for the Aviation Authority pursuant to a this Contract, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the “Work

Product”) and Contractor acknowledges that such Work Product may be considered “work(s) made for hire” and will be and remain the exclusive property of the Aviation Authority. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Contractor hereby agrees that this Contract effectively transfers, grants, conveys, and assigns exclusively to the Aviation Authority, all rights, title and ownership interests, including copyright, which Contractor may have in any Work

Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Aviation Authority shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Contractor for itself and on behalf of its Contractors hereby waives any property interest in such Work

Product.

23-533-RFP Page 17 of 67 RFP/ PO-BPA/Rev4.12.23

2.33 Scrutinized Companies

Awarded Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S. If the Agreement is for more than $1,000,000 the Contractor further certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. For Contracts of any amount, if the Aviation Authority determines the Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Aviation Authority shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the

Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. For Contracts $1,000,000 and greater, if the Aviation Authority determines the

Contractor submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Aviation Authority shall either terminate the Contract after it has given the

Contractor notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, this section shall become inoperative and unenforceable.

2.34 Discriminatory Vendor List

An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Proposal for a Contract to provide goods or services to a public entity, shall not submit a Proposal on a Contract with a public entity for the construction or repair of a public building or perform any public work, shall not submit Proposals for leases of real property to a public entity, shall not award or perform work as a Contractor, supplier, Subcontractor, or consultant under any Contract with any public entity, and shall not transact business with any public entity per 287.134(3)(d), Fla. Stat.

2.35 Drug-Free Workplace

Whenever two or more Proposals, which are equal with respect to price, quality, and service, are received by the Aviation Authority for the procurement of commodities or

Contractual services, a Proposals received from a business that has implemented a drug-free workplace program per 287.087, Fla. Stat. shall be given preference in the award process.

23-533-RFP Page 18 of 67 RFP/ PO-BPA/Rev4.12.23

2.36 Verification of Employment Status

Prior to the employment of any person under this Contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term, For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.gov/portal/site/uscis.

Only those employees determined eligible to work within the United States shall be employed under this Contract.

By submission of a Proposal in response to this solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this Contract. The Contractor shall commit to comply with this requirement by completing the

E-Verification certification, attached to this solicitation.

2.37 Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI)

In the course of performing the Contract work, Contractor may gain access to Sensitive Data Types including but not limited to Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry

(PCI), Financial Information and/or other confidential information of the Aviation Authority.

Contractor agrees to hold such information in confidence and to make such information known only to its employees, affiliates, agents, Subcontractors, and sub-consultants who have a legitimate need to know such information and who are under a similar obligation of confidentiality. The Contractor shall seek the Aviation Authority’s prior written consent before releasing, disclosing, or otherwise making such confidential information available to any other person. This provision shall not apply to information required to be released by applicable law, legal subpoena, or other lawful process. The Contractor must notify the Aviation Authority as soon as practicable in the event Contractor is notified of or discovers any compromise and/or breach or suspected breach, such as unauthorized access to, theft of, misuse of and unintentional releases or of any security/sensitive data types, or confidential information of the Aviation Authority and/or Individuals (“Data Breach”) involving Contractor controlled systems such as, but not necessarily limited to, web sites, transmission infrastructure, voice response unit, and retrieval and storage systems. This notification should include, to the extent known, the type of Data Breach, type of data compromised and/or breached, and results of any forensic investigation. To the extent Contractor is responsible for the Data Breach and upon mutual agreement of the parties, Contractor shall be responsible to implement, in coordination with the Aviation Authority, a commercially reasonable Remediation Plan to address and respond to a Data Breach.

Such commercially reasonable “Remediation Plan” will include certain administrative requirements associated with addressing and responding to such Data Breach to the extent necessary under the circumstances, and may include but is not necessarily limited to: (i) preparation and mailing or other transmission of legally required notifications, (ii) preparation and mailing or other transmission or communication to impacted Individuals such as may be required by applicable law or regulation; (iii) offering potentially impacted Individuals the opportunity to enroll in a credit monitoring service offered by a vendor of Contractor’s choice for a two-year period, or other period as required by applicable law, at no charge to the impacted Individuals; and (iv) payment of applicable reasonable legal, http://www.uscis.gov/portal/site/uscis

23-533-RFP Page 19 of 67 RFP/ PO-BPA/Rev4.12.23 audit, accounting and administrative expenses associated with the investigation, notifications and recovery arising from the Data Breach. The remedies provided for in the

Remediation Plan shall be in addition to any other remedies available to the Aviation Authority under this Contract. The provisions of this Section shall survive the expiration or earlier termination of the Contract.

2.38 Indemnification

See Attachment A GP 70-12.

2.39 Safety Warranty

In addition to other safety requirements of the Contract, the selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies.

2.40 Warranty

See Attachment B 1.11.

2.41 Incurred Cost

Costs for developing a response to this RFP are entirely the obligation of the Proposer and shall not be chargeable in any manner to the Aviation Authority.

2.42 Discounts

All discounts, EXCEPT THOSE FOR PROMPT PAYMENT, shall be considered in determining the lowest net cost for Proposal evaluation purposes.

2.43 Taxes

The Aviation Authority is exempt from Federal excise taxes and all sales taxes.

2.44 Contractor’s Personnel

a. In addition to Attachment A GP 50-10 and 60-06, the following terms apply:

b. Contractor will be held accountable for damages, theft, or any other breach of security caused by its employees and shall be held directly responsible for errors and omissions of the Contractor’s employees and other persons performing work under the Contractor’s control for Authority. The Contractor shall be responsible for repair of any damage to Authority property and restoration of any damage. The Contractor shall provide an adequate number of licensed/skilled workmen who are thoroughly trained and experienced in the delivery, assembly and installation of

Passenger Boarding Bridges

23-533-RFP Page 20 of 67 RFP/ PO-BPA/Rev4.12.23

c. The Aviation Authority will not provide any supervision to the Contractor’s employees. The Contractor must have sufficient staffing to oversee all staff, to include training, supervision, and the resolution of issues or problems that may arise.

d. The Aviation Authority requires the Contractor to remove all their personnel from the Aviation Authority property who are deemed careless, incompetent, insubordinate, reasonably, objectionable, or whose continued employment on the job is deemed to be contrary to the interest of the Authority.

e. Contractor shall enforce strict discipline and good order among its employees at all times and shall be fully responsible for the proper conduct and appearance of its employees while on the Aviation Authority Property.

f. Contractor shall be solely responsible for all means, methods, techniques and results of the services provided hereunder; and all acts and omissions of all agents and employees of the awarded Contractor.

g. Employees of the Contractor shall not be assisted nor accompanied by any individual that is not an employee of the Contractor while performing duties related the resulting PO or BPA. This includes children and/or other relatives. Employees of the Contractor that violate this paragraph will be deemed objectionable to the

Authority and will no longer be allowed to work on this Authority Project.

h. Contractor’s employees shall be instructed that no gratuities shall be solicited or accepted for any reason whatsoever from the tenants, customers or other persons at Orlando International Airport. The Contractor shall be responsible for ensuring that all articles found by the employees on Authority’s premises are turned over to the Authority, or the Authority’s designated agent in charge of such articles.

i. During the progress of the specified work, the Contractor shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the work. At the completion of the work, the Contractor shall remove all waste materials, rubbish, and debris from, and about the premises as well as all tools, appliances, machinery and surplus materials, and leave the site clean and ready for occupancy by the Authority. All waste materials associated with this project shall be handled in accordance with all federal state and local regulations.

2.45 Safety and Protection

In addition to other safety and protection requirements of the Contract, the Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for safety of, and shall provide the necessary protection to prevent injury to, all employees on the work site and other persons including but not limited to, the general public who may be affected thereby.

23-533-RFP Page 21 of 67 RFP/ PO-BPA/Rev4.12.23

2.46 Deliveries

See Attachment A Section 00 73 93.01. Proposer shall ensure that deliveries are coordinated with the OAR (Owner’s Authorized Representative) or AAR (Authority’s Authorized Representative) in advance. Delivery in installation may be phased, after coordination. If Proposer utilizes a common carrier for shipping, Proposer shall be responsible for initiating any and all tracers for delayed or missing shipments and shall be responsible for resolving any damage claims. Proposer shall furnish copies of any trace reports to the Authority’s Supervisor of Material Control. Packing lists shall be attached to the outside of packaging. The packing list will reflect the quantity being shipped for each item.

2.47 Inspection and Acceptance

See Attachment A GP 50-14 through 50-19

2.48 Failure to Perform

See Attachment A GP 20-03, 20-04 and performance bond provisions of the Contract.

2.49 Invoicing/Compensation

See Attachment A GP 90.

2.50 Operations During Dispute

See Attachment A GP 90-08. Further, the Contractor agrees that,…