25-115-RFP_Preferred_Ground_Transp._Provider_Concession.pdf

REQUEST FOR PROPOSALS (RFP)

25-115-RFP

PREFERRED GROUND TRANSPORTATION PROVIDER CONCESSION

Solicitation documents are available from the Greater Orlando Aviation Authority’s e- Procurement Platform:

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

Search under Projects for: Ground Transportation Services

The Aviation Authority’s has transitioned to an E-Procurement Platform through OpenGov. Requests for Proposals are posted within OpenGov and electronic responses will be accepted via the e-Procurement Portal.

To get started, click here to sign up. You will receive an email to activate your account.

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

Registration and Notification of Requests for Proposals

THERE IS NO COST FOR VENDORS TO REGISTER WITH OpenGov

Receiving Electronic Proposals to Request for Proposalss

To successfully submit a response to a Request for Proposals, Vendors are required to submit their electronic response via: https://procurement.opengov.com/portal/goaa.

Mailed, faxed, emailed, and hand delivered submissions will not be accepted. Proposals will only be accepted via OpenGov. By way of the e-Procurement Portal, Proposals will be locked and digitally encrypted until the submission deadline passes.

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

25-115-RFP Preferred Ground Transportation Provider Concession BASE REV 10/08/2024

Table of Contents Americans with Disabilities Act

1.0 GENERAL INFORMATION

1.1 Tentative Schedule

1.2 Intent and Purpose

1.3 Objectives

1.4 Background Information

1.5 Request for Proposals Information

1.6 Submitting Questions and Receiving Proposals

1.7 Communications; Questions Regarding Specifications or Proposal Process

1.8 Lobbying Statement

1.9 Exceptions to Terms and Conditions within the Request for Proposals

1.10 Withdrawal of Proposals

1.11 Waiver and/or Rejection of Irregular Request for Proposals

1.12 Notice of Intent to Award Agreement

1.13 Public Meetings/Public Records

1.14 Independent Contractor Status and Compliance with the Immigration Reform and

Control Act

1.15 Code of Ethics and Business Conduct Policy

1.16 Proprietary Information

2.0 DESCRIPTION OF CONCESSION

2.1 Non-Exclusivity/Non-Divisibility

2.2 Premises

2.3 Term

2.4 Vehicle Requirements

2.5 Destinations to be Serviced

2.6 Financial Return to the Aviation Authority

2.7 Identification and Access Requirements

2.8 Ground Transportation Rules and Regulations

3.0 PROPOSAL REQUIREMENTS

3.1 Proposer’s Minimum Requirements

3.2 Evaluation of Submittals

3.3 Selection Process

3.4 Insurance Requirements

3.5 Airport Concessions Disadvantaged Business Enterprise (ACDBE) Minimum Goal ... 19

3.6 Good Faith Effort Requirements

3.7 Verification of Employment Status

4.0 SUBMISSION REQUIREMENTS

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4.1 Preparing Proposals in Required Format

Tab 1 - Table of Contents Tab 2 - General Company Information Tab 3 - Proposer’s Experience and Qualifications Tab 4 -Management Plans, Staffing Plans and Customer Service Tab 5 – Vehicle Supply Tab 6 - Marketing Plan Tab 7 - ACDBE Tab 8 - Financial return to the Aviation Authority Tab 9 – Required Forms Tab 10 -Additional Information If needed A. Proposer’s Certification Form B. Conflict of Interest Disclosure Form C. Certification Regarding Prohibition Against Contracting with Scrutinized D. E-Verification Certification Form E. Drug Free Workplace Certification F. Nongovernmental Entity Declaration Regarding the Use of Coercion for Labor and

Services G. Schedule of ACDBE Participation

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Americans with Disabilities Act

The Greater Orlando 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 (ADA) or Section 86.26, Florida Statutes, should contact the Aviation Authority’s ADA Coordinator at 407-825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

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1.0 GENERAL INFORMATION

1.1 Tentative Schedule

Release Date: October 9, 2024 Pre-Proposal Meeting (Non-Mandatory) October 24, 2024 Deadline for submission of questions: November 1, 2024 Release of Addendum: November 8, 2024 Deadline to Submit Proposal: November 21, 2024 Procurement Committee*: December 17, 2024 Recommendation to the Aviation Authority Board*: January 15, 2025

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

1.2 Intent and Purpose

a. It is the intent of the Aviation Authority that a Proposer will provide the services specified in the Description of Concession detailed in Section 2.0. The Aviation Authority intends to select the Proposer that it deems to be the most highly qualified, responsible, and responsive to the Aviation Authority to perform the required services after considering the evaluation criteria, in its exclusive discretion.

b. This Request for Proposals includes an Airport Concession Disadvantaged

Business Enterprise (ACDBE) participation requirement. The Participation Goal for this Concession will be 10% for ACDBEs.

1.3 Objectives

The selected Proposer shall provide, for and on behalf of the Aviation Authority, high quality and reasonably priced ground transportation services in limousines, sedans, vans and buses at Orlando International Airport, Orlando, Florida (MCO), consistent with public safety and convenience, to ensure the efficient movement of Passengers to and from MCO, and to develop revenues for support of MCO.

1.4 Background Information

a. MCO is operated and managed by the Greater Orlando Aviation Authority (the “Aviation Authority”). It is expected that more than 58 million domestic and international passengers will travel through MCO during the 2023-2024 fiscal year.

b. As of January 2024, MCO is served by 35 commercial airlines and 6 cargo carriers, the same as in January 2023.

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c. MCO, like all airports in the United States, is self-sustaining, with Airport revenues being generated from user fees, concessions, and airline revenues. No local taxpayer dollars contribute to the operation of MCO.

d. It is important for Proposers to note that the MCO environment presents the

Proposer with a set of unique challenges which are not typical of any other environment.

1.5 Request for Proposals Information

a. Sealed electronic Proposals will be received for this Request for Proposals through the Greater Orlando Aviation Authority e-Procurement Portal (Portal) located at https://procurement.opengov.com/portal/goaa. By way of the Portal, Proposals will be locked and digitally encrypted until the submission deadline passes.

b. Proposals submitted by hard copy, e-mail, telephone or fax shall not be accepted. Proposals submitted outside of the designated electronic submission Portal shall be rejected as non-responsive regardless of where received.

c. The Aviation Authority shall not be responsible for delays caused by any occurrence, including a technology issue. Any late Proposal will still be considered late and shall not be accepted.

d. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any Proposal.

e. Proposers shall not be allowed to modify their Proposals after the opening time and date. Proposals may be examined thirty (30) days after the Request for Proposals opening or upon recommendation for award, whichever occurs first.

f. Any verbiage in a Proposal that is generated by artificial intelligence must be reviewed and verified for accuracy and truthfulness.

g. The following Exhibits, located within the e-procurement system as Supporting

Attachments, together with this Request for Proposals, are the Request for Proposals Documents:

1) Exhibit 1 – Preferred Ground Transportation Provider Concession

Agreement (Concession Agreement)

2) Exhibit 2 – 2024 Airport Fact Sheet

3) Exhibit 3 – Ground Transportation Rules & Regulations

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4) Exhibit 4 – Operational Policy 910.01 - Policy for Awarding Concessions and Consumer Service Privileges

5) Exhibit 5 – Graphic Standards Policy for Rental Car Companies

6) Exhibit 6 - Space/Use Agreement

1.6 Submitting Questions and Receiving Proposals

Proposers shall submit all inquiries regarding this Request for Proposals via the e- Procurement Portal, https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the Aviation Authority e-Procurement Platform. Proposers may also click “Follow” on this Request for Proposals to receive an email notification when answers are posted. It is the responsibility of the Proposer to check the website for answers to inquiries.

a. A Pre-Proposal Conference will be held on October 24, 2024 beginning at

10:00 a.m. in the Small Business Conference Room, 5850-B Cargo Road, Orlando, Florida, 32827, which can be attended virtually using the link located within the Portal. Attendance is not mandatory but is highly encouraged.

Prospective Proposers are expected to be familiar with the Request for Proposals Documents.

b. If the Purchasing Department determines that it is necessary to change the dates or times prior to the due date, the change will be announced and posted on the e-Procurement Portal.

c. All prospective Proposers shall thoroughly examine and become familiar with the Request for Proposals Documents and carefully note the items, which must be submitted with the Proposal as detailed in Section 4, Proposal Submittals.

d. Submission of a Proposal shall constitute an acknowledgment that the

Proposer has read and understands the Request for Proposals Documents.

The failure or neglect of a Proposer to receive or examine any Request for Proposals Document shall in no way relieve it from any obligations under its Proposal or the Concession. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Request for Proposals Documents.

e. Unless otherwise noted, Proposers shall submit one Proposal only.

1.7 Communications; Questions Regarding Specifications or Proposal Process

a. All communication and contact regarding this Request for Proposals shall be made via the e-Procurement Portal, https://procurement.opengov.com/portal/goaa.

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b. Any official communication from a Proposer during the Request for Proposals process should be submitted in writing to the Aviation Authority as directed during the Proposal process. A copy of the Administration Policies (Sections

180.01 and 180.03) are available upon request from the Manager of Board Services.

c. In accordance with the above-referenced policies, any communication directly or indirectly to seek to encourage any specific result in connection with an Aviation Authority selecting process, including but not limited to, written communications, any and all forms of electronic communications or messaging, including social media, oral communications either in person or by telephone, initiated by a Proposer or through a lobbyist, agent or third person, to any Aviation Authority staff and/or Committee/Board member who is a member of any committee constituted for the purposes of ranking Proposals, making recommendations or making an award, is prohibited from the time that the Request for Proposals is released to the time that the award is made.

1.8 Lobbying Statement

All firms are hereby placed on notice the Aviation Authority Board and staff shall not be contacted about this Request for the Proposals. 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 services requested by the Request for Proposals; and written correspondence concerning the Request for 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 Proposal. Any official communication from a Proposer during the Request for Proposals process should be submitted in writing to the Greater Orlando Aviation Authority, GOAA Annex Building, Purchasing Department, 5855 Cargo Road, Orlando, FL 32827-4399 or via the Portal as directed during the Request for Proposals 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.

Proposers or persons acting on their behalf may not contact, between the release of the Request for Proposals and the end of the seventy-two (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 Request for Proposals, except in writing to the procurement officer or as provided in the Request for Proposals Documents. Violation of this provision may be grounds for rejecting a Proposal. (F.S. 287.057 (23))

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1.9 Exceptions to Terms and Conditions within the Request for Proposals

If the Proposer desires to take exception(s) to any portion of the terms and conditions of this Request for Proposals or the Concession Agreement (see Exhibit 1 in the Supporting Attachments), the exception(s) must be taken during the question and answer period, and responses will be included in an Addendum.

Exceptions noted within the Proposal submittal will cause the Proposal to be deemed non-responsive. Proposers shall not substitute entire agreements or sets of terms and conditions but discuss separately each term or condition that they take exception to or desire to change.

1.10 Withdrawal of Proposals

No Proposal may be withdrawn after the scheduled Proposal opening time for a period of ninety (90) days. Any Proposer withdrawing or attempting to withdraw its Proposal prior to the expiration of the 90 day period shall be obligated to reimburse the Aviation Authority for all its costs incurred in connection with such withdrawal or attempted withdrawal including, without limitation, any increased costs for procuring the goods or services from another Proposer or all costs of advertising and re-procuring the goods or services, and all attorneys’ fees, in addition to payment of the Aviation Authority’s other damages.

A Proposer’s submission shall be deemed the Proposer’s acknowledgment of an agreement to the provisions of this Section.

1.11 Waiver and/or Rejection of Irregular Request for Proposals

The Aviation Authority reserves the right to waive informalities or irregularities in any Proposals, to reject any or all Proposals in whole or in part, with or without cause, and to accept that Proposal, if any, which in its judgment is deemed to be responsible and responsive, and in its sole discretion is deemed the most advantageous to the Aviation Authority to perform the required services after considering the evaluation criteria.

1.12 Notice of Intent to Award Agreement

Unless all Proposals are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within ninety (90) days from the opening of Proposals to the responsible and responsive Proposer submitting the Proposal deemed to be most advantageous to the Aviation Authority, all factors being considered. For all procurements, the Aviation Authority reserves the right to reject any or all Proposals and to cancel the procurement or to solicit new Proposals. The Aviation Authority intends, but is not obligated, to enter into a non-exclusive agreement with the highest ranked Proposer to perform the required Services described herein.

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1.13 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 Proposal will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

1.14 Independent Contractor Status and Compliance with the Immigration Reform and Control Act

Proposer is and shall remain an independent contractor and is neither agent, employee, partner, nor joint venture of Aviation Authority. Proposer acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach of the Agreement.

1.15 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 submit a Proposal on any Request for Proposals 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.

1.16 Proprietary Information

a. In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State and Federal Law, all Proposers should be aware that the Request for Proposals and the Proposals are public records. However, the Proposers are requested to identify specifically any information contained in their Proposal which they believe to be exempt from disclosure, citing specifically the applicable exempting law.

The Aviation Authority will consider a Proposer’s opinions regarding the applicability of Chapter 119, Florida Statutes, but shall not be obligated to concur in such opinions.

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b. All information and documents received from Proposers in response to this Request for Proposals will become the property of the Aviation Authority, will not be returned to the Proposers, and will be incorporated in the final Concession Agreement in the event of Concession award, with the exception of any financial information exempt from the Public Records Laws.

The remainder of this page is intentionally blank.

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2.0 DESCRIPTION OF CONCESSION

2.1 Non-Exclusivity/Non-Divisibility

a. The Aviation Authority shall grant the successful Proposer the non-exclusive right and privilege, and the successful Proposer shall assume the obligation to provide and maintain the vehicles and staffing for the operation of a concession as described in the Concession Agreement.

b. The Concession and this RFP are not divisible but shall be awarded to a single Proposer (if an award is made pursuant to the Proposal documents).

c. This is a non-exclusive Agreement. During the term of this Agreement the

Aviation Authority reserves the right to contract for another provider for similar services as it determines necessary in its sole discretion. During the term of the Agreement, the Aviation Authority shall, however, enter into no more than one agreement for a Preferred Ground Transportation Provider whereby, for the privilege of providing Ground Transportation, a party pays the Aviation Authority compensation that is, at least in part, a percentage of the revenues derived by such party from its Ground Transportation operations (a “concession”) unless it has determined that the existing concessionaire is unable or unwilling to provide the Ground Transportation service reasonably required at MCO.

2.2 Premises

The Premises include counter and queuing space, assigned parking space for passenger loading, and may include, at the successful Proposer’s request, office space. The counter and queuing space, as well as the optional office space, are provided under separate Space Use Agreements (see Exhibit 6 in the Supporting Documents) with the Aviation Authority. Under the Space Use Agreements, the successful Proposer would be required to pay rent to the Aviation Authority for use of counter and queuing space and office space. The rent per square foot is the rate set by the Aviation Authority for Terminal Premises – Enclosed Space.

2.3 Term

The awarded Proposer shall be required to open for business and commence paying Concession Fees on the “Commencement Date”. The successful Proposer will be granted access to the Premises to install equipment and signage the evening before the Commencement Date. The Term of the Concession shall be a period of five (5) years, beginning on the Commencement Date as described in the Concession Agreement.

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2.4 Vehicle Requirements

The awarded Proposer shall be required to control, either by ownership or by agreement for its exclusive use, vehicles that will fulfill the minimum vehicle requirement (set forth below) for the Concession for which a Proposal is submitted.

The Proposer must submit with its proposal a binding commitment from the provider of the vehicles to sell or lease to Proposer the vehicles hereunder indicating the number and type of vehicles (make, model and age), date of vehicle delivery, and financing terms, and the letter must state that the vehicles are to be provided for the Proposer’s exclusive use. A provider of vehicles shall be in the business of selling or leasing vehicles of the type required hereby and shall have the ability, in the reasonable discretion of the Aviation Authority, to deliver such vehicles when promised. The awarded Proposer must obtain all required vehicles on or before the Commencement Date (as defined in the Concession Agreement).

Limousines two (2) Sedans eight (8) Vans seven (7) Buses thirty (30)

2.5 Destinations to be Serviced

The awarded Proposer for the Preferred Ground Transportation Provider concession will be required to provide ground transportation services, at a minimum, to the following areas, and to depart from MCO within twenty (20) minutes after a passenger purchases a ticket from, or presents a voucher to, the awarded Proposer for transportation to such a destination:

Destination State Road 192 Disney Property All resort properties Lake Buena Vista International Drive Downtown Orlando Downtown Winter Park

2.6 Financial Return to the Aviation Authority

a. Pursuant to the Concession Agreement, the successful Proposer shall pay to the Aviation Authority, for each Agreement Period of the Term of the Concession Agreement, a Concession Fee, in an amount equal to the greater of:

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1) the Minimum Annual Concession Fee consisting of the Minimum Annual Privilege Fee, or

2) the Percentage of Gross Receipts.

b. See the Concession Agreement for additional details on the Concession Fees and how the Minimum Annual Concession Fee will be adjusted during the Term of the Concession.

c. For this Concession, the Percentages of Gross Receipts are as follows:

10% on $1 - $10,000,000

8% on $10,000,000.01 - $18,000,000 7% on amounts above $18,000,000

d. Each Proposer is required to submit a Minimum Annual Concession Fee.

Proposals containing an Initial Minimum Annual Concession fee of less than One Million and 00/100 Dollars ($1,000,000.00) will NOT be considered.

e. The successful Proposer will be required to provide a Contract Bond or a Letter of Credit in the amount of 50% of the Minimum Annual Concession fee, but the Aviation Authority reserves the right to require a Contract Bond or Letter of Credit up to 100% of the Minimum Annual Concession fee.

2.7 Identification and Access Requirements

Proposer shall ensure that its employees and independent contractors working at the Airport obtain access control badges from the Aviation Authority, at no additional cost to the Aviation Authority. Proposer shall comply with all applicable regulations of the Federal Aviation Administration and of the Aviation Authority relating to Airport security including those relating to obtaining access to the air operations area of the Airport;

as such regulations may be in effect or changed from time to time. Any fines or other penalties incurred by the Aviation Authority as a result of Proposer’s failure to comply with all applicable regulations relating to Airport Security shall be indemnified by the Proposer.

2.8 Ground Transportation Rules and Regulations

The awarded Proposer shall be required to abide by the Ground Transportation Rules and Regulations (GTR&R) (see Exhibit 3 in the Supporting Attachments) at MCO, except that for Limousine, Sedan, Van, and Bus operations, the awarded Proposer is not obligated to pay Dwell or Privilege Fees. The GTR&R are under revision and are expected to include privilege fee credits to Ground Transportation permittees utilizing the services of the awarded Proposer beginning January 1, 2025.

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3.0 PROPOSAL REQUIREMENTS

3.1 Proposer’s Minimum Requirements

Proposers must meet the following minimum requirements to be considered for the award of the Concession. Proposers will address each requirement specifically in their Proposal.

Each Proposer must acknowledge on company letterhead and provide written documentation that their firm meets the Requirements.

a. Proposer must be registered/qualified to do business in the State of Florida and provide a copy of such registration/qualification to the Aviation Authority with the Proposal submission.

b. Proposer must demonstrate financial strength and stability, the legal criteria for operating the proposed Concession, and must not be subject to legal disqualification. Proposer’s financial and legal entity information must show the ability to meet the Proposer’s existing obligations and those to be undertaken if successful in being awarded the Concession.

c. Proposer shall have a minimum of five (5) years’ experience providing services of the type described in Section 2.0 Description of Concession. Proposer shall provide an affirmative statement and/or documentary proof of such experience with the Proposal submission.

d. Proposer shall be required to demonstrate that it will control, either by ownership or by agreement for its exclusive use, vehicles that will fulfill the minimum vehicle requirement (set forth in Section 2.4 above).

e. Proposer shall be required to demonstrate that it has or will obtain the insurance required by the Concession Agreement.

f. Proposers must provide the following for the prior two fiscal years in order to evaluate the Proposer’s ability to perform these Services.

1) Independent auditor’s reports, if available

2) Consolidated balance sheet, if available

3) Consolidated statement of operations, if available

4) Consolidated statement of cashflows, if available

5) Consolidated statement of shareholder’s equity and comprehensive income, if available

6) Notes to Consolidated Financial Statements, if available

7) If the Proposer is an ACDBE joint venture or partnership, which is not currently in existence, the above requested documentation shall be submitted from each entity of the proposed joint venture or partnership.

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g. If Proposer is a publicly traded corporation, Proposer must also provide the following for the prior two fiscal years:

1) Form 10K

2) Annual Reports to Security Holders

3) Form 10Q

4) Form 8K

h. If Proposer is an individual, Proposer must provide the following for the prior two fiscal years:

1) Financial Statements

2) Notes, Comments or management discussion of a change in financial condition since the last financial statement was prepared.

i. Proposers must provide a detailed proposed annual operating budget and pro forma statement of projected results of operations for each of the first two (2) years of operations, identifying (i) the source of funds to cover any initial capital requirements, including, but not limited to, the purchase or lease of vehicles required to satisfy the minimum vehicle requirements as set forth in the Invitation, and (ii) any deficits shown in the statement.

j. Proposer shall affirm their willingness to execute an agreement substantially in the form of Exhibit 1 - Preferred Ground Transportation Provider Concession (included in the Supporting Attachments).

k. The Proposal forms, (A through G) shall be completed and signed by the

Proposer’s duly authorized representative. Failure to return the forms with the submittal may cause the Proposal to be deemed as non-responsive.

3.2 Evaluation of Submittals

a. Proposer(s) must meet the requirements as stated in Section 3.1 and demonstrate the capability required to provide the services described in Section 2.0 Description of Concession.

b. The Proposer’s financial strength and stability are determined by reviewing financial statements, claims against the Proposer and/or any Affiliates, insurance coverage, and pro forma. The Proposer’s financial strength and stability are evaluated on Pass/Fail basis.

c. The Proposer must demonstrate financial strength and stability, meet the legal criteria for operating the proposed concession, and not be legally disqualified.

Proposer’s financial and legal entity information must show the ability to meet the Proposer’s existing obligations and those to be undertaken if successful in being

25-115-RFP Preferred Ground Transportation Provider Concession BASE REV 10/08/2024 awarded the Concession. This criterion includes the Aviation Authority’s review of litigation, criminal proceedings, and legal ability to perform under state law.

d. Proposers which fail to demonstrate satisfactory financial strength and stability and the ability to meet legal obligations will be deemed not responsible, non-responsive, or both.

e. The ACDBE Minimum Goal/Good Faith Effort criterion are evaluated on Pass/Fail basis.

f. Proposers who pass the Pass/Fail criteria and have not been disqualified for any other reason will be evaluated based on Scored Evaluation Criteria.

g. Proposals will be evaluated using the following criteria:

Scored Evaluation Criteria:

Number Evaluation Criteria Scoring Method Weight (Points) 1 Demonstrated Experience and References Points Based 20 (20% of Total)

2 Management Plans, Staffing Plans, and Customer Service Policies

Points Based 10 (10% of Total)

3 Vehicle Supply Points Based 20 (20% of Total) 4 Marketing Plans Points Based 15 (15% of Total) 5 ACDBE Participation Points Based 10 (10% of Total) 6 Financial Return to the

Aviation Authority Points Based 25 (25% of Total)

Total 100

The scoring of Financial Return to Aviation Authority will be based on a mathematical calculation. The Proposer providing the highest Minimum Annual Concession Fee to the Aviation Authority will receive the maximum points. Then, the Committee will calculate a “percentage ratio” by dividing each of the other proposers’ percentages by the highest percentage. Then, the maximum points will be multiplied by the “percentage ratio” respective to each proposer. Scores and percentages will be rounded to the second decimal. For example:

Proposer Financial Return to the Authority

Percentage ratio Score (if Max Score is 25)

Proposer A $1,500,000 100% (1,500,000/1,500,000=1.00)

25 (25x1)

Proposer B $1,250,000 83% (1,250,000/1,500,000=0.83)

20.75 (25x0.83)

Proposer C $1,000,000 67% (1,000,000/1,500,000=0.67)

16.75 (25x0.67)

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h. The Aviation Authority, in its sole discretion, determines the points to be awarded to each category in the Evaluation Criteria based on the materials submitted in a proposal. The Aviation Authority may award the Concession to the responsible and responsive proposer submitting the proposal, which is deemed the most advantageous to the Aviation Authority, price and other factors being considered.

i. Proposer is hereby notified that Section 287.05701, Florida Statutes, requires that the Aviation Authority may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

j. The Aviation Authority reserves the right to solicit from available sources relevant information concerning a Proposer’s past performance and may consider such information in its evaluation and selection of Proposers.

3.3 Selection Process

a. Proposals to this Request for Proposals will be evaluated by the Committee based upon the Evaluation Criteria per Section 3.2 and as supported by the Proposal if all required information per Section 4.0 Proposal Submission Requirements has been provided. The recommendation of the Committee will be considered by the Aviation Authority Board for award.

b. The Committee will evaluate the Proposals and shall submit to the Aviation Authority Board for approval a ranking and recommendation of the Proposer(s) that are most advantageous to meet the needs of the Aviation Authority. The Aviation Authority Board may accept, reject or amend the recommendation of the Committee.

c. The Aviation Authority reserves the right to waive any informality in the Request for Proposals, to reject any or all Proposals, and to re-advertise or elect not to proceed with the services for any reason.

d. All recommendations and decisions regarding award of the services shall be made at open public meetings in accordance with the requirements of Florida Statute 286.011, and all interested parties are invited to attend such meetings. The meetings of the PC and Aviation Authority Board are public meetings.

e. All parties desiring information regarding the award of the Concession may visit https://orlandoairports.net/

3.4 Insurance Requirements

Insurance Requirements are listed in Exhibit 1, the Concession Agreement. The Proposer must provide a Certificate of Insurance on Acord form or form acceptable to Aviation

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Authority, or a signed affirmation of ability to comply from a licensed insurance agent, or insurance quote.

3.5 Airport Concessions Disadvantaged Business Enterprise (ACDBE) Minimum Goal

a. A Proposer which fails to propose the minimum ACDBE participation and fails to demonstrate good faith efforts will be deemed non-responsive.

b. The Aviation Authority has established its Airport Concession Disadvantaged

Business Enterprise (“ACDBE”) program in accordance with the U.S. Department of Transportation (“DOT”) regulations issued under 49 CFR Part 23 (“Part 23”).

The Aviation Authority has received and expects to receive Federal financial assistance from the DOT, and as a condition precedent to receiving this assistance, the Aviation Authority has signed assurances that it will comply with Parts 23 and 26 of the Federal Regulations.

c. In addition to the procedures and standards of Parts 23 and 26 as detailed in the

Aviation Authority’s ACDBE program, the Aviation Authority utilizes and participates in Florida’s Unified Certification Program (“UCP”) for the certification of ACDBEs for the purpose of participating in the Aviation Authority’s concession program. Proposers can visit the https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/ for a list of current ACDBEs certified within the State of Florida to determine the eligibility of proposed ACDBEs. If a firm you are interested in utilizing is not listed, please direct them to the Small Business Development Department immediately to begin the certification process.

d. The Aviation Authority has established a current ACDBE participation goal for this

Concession opportunity of 10% of the Proposer’s annual gross receipts to be paid to entities who qualify as ACDBEs and who participate with the Proposer through a joint venture or subcontracting arrangement or through the procurement of goods and services.

e. All Proposers are required to either meet or exceed the ACDBE participation goal or demonstrate its good faith efforts to meet such goal. A Proposal will be considered non-responsive to the RFP and rejected if the Proposer fails to demonstrate, to the reasonable satisfaction of the Aviation Authority, as required by the ACDBE program, that the Proposer has met or provided sufficient evidence of good faith efforts to meet the established ACDBE goal. The Aviation Authority must assess ACDBE participation in accordance with the above-referenced Federal Regulations. Please refer to the Aviation Authority’s ACDBE Policy and 49 CFR Part 23 for information on counting ACDBE participation.

f. Proposers are required to submit, with their proposals, ACDBE utilization information by completing and signing the Schedule of ACDBE Participation (Form G). If the Proposer is utilizing a Joint Venture, it must submit the Joint Venture https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/

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Agreement. A Joint Venture may only be utilized to meet the ACDBE participation requirement.

g. All ACDBEs listed on the Schedule of ACDBE Participation must be certified in

Florida prior to the submittal of a proposal to be considered as a part of the ACDBE goal. The Aviation Authority may request, receive, and review additional information on the good faith efforts submitted to verify the accuracy of the level of ACDBE utilization information presented by Proposers. The successful Proposer shall enter into contract(s) with the ACDBEs identified in the Schedule of ACDBE Participation, which the Aviation Authority relies upon in awarding an agreement, subject only to the Aviation Authority’s right to approve all subcontracts, contractors or vendors.

h. Proposers can visit the Aviation Authority’s website for more information about our

ACDBE Policy and the Small Business Development Department at https://orlandoairports.net. If you have any questions or concerns please communicate via OpenGov or the Small Business Development Department via email to OSBD-SQ@goaa.org.

3.6 Good Faith Effort Requirements

If the Proposer fails to meet the ACDBE Participation Goals, the Aviation Authority will require Proposer to submit evidence of good faith efforts; such evidence may include, but is not limited to the following:

1. Indicating the name and title of the person responsible for the Proposer’s good faith efforts to reach the participation goal;

2. Provide evidence of attendance at Pre-Proposal Conference, If any, scheduled by the Aviation Authority to inform ACDBE firms of subcontracting opportunities under a given Concession;

3. Provide a list of ACDBE firms contacted;

4. Provide copies of written correspondence to ACDBE firms that their proposal is being solicited, as well as certified return receipts to prove receipt or the reason for non-delivery;

5. Provide evidence of information provided to the ACDBE firms about the specific work the Proposer intends to subcontract;

6. Provide evidence of information provided to ACDBE firms on bonding and insurance requirements;

mailto:OSBD-SQ@goaa.org

25-115-RFP Preferred Ground Transportation Provider Concession BASE REV 10/08/2024

7. Provide copies of advertisements in general circulation media, trade association publications, and minority focus media advertising for ACDBE firms interested in subcontracting;

8. Provide evidence that Proposer provided interested ACDBE firms with assistance in reviewing the Concession;

9. Providing evidence that the Proposer provided ACDBE firms prompt notice of addenda affecting specific trade contractors;

10. Provide evidence that Proposer made follow-up inquiries after initial solicitations of interest from ACDBE firms. Proposer shall maintain documentation of the date, time and name of individuals contacted. A telephone log is acceptable documentation of this activity;

11. Provide a list of quotes submitted by ACDBE firms;

12. Provide documentation as to why ACDBE firms were not utilized;

13. In those instances where a majority subcontractor is selected for a scope of work for which ACDBE Proposals were submitted, the Proposer shall submit records of all quotations received from ACDBE firms and from the selected majority subcontractor, and provide an explanation of the reasons why the ACDBE firms will not be used during the course of the Concession. Receipt of a lower price quotation from a non ACDBE firm prior to or at the time of Request for Proposals Opening will not in itself excuse a Proposer’s failure to meet participation goals. It is incumbent upon the Proposer to demonstrate that ACDBE firms were not rejected as unqualified without a thorough and documented investigation of their capabilities and capacity.

14. Additional information on meeting good faith efforts can be found by going to https://orlandoairports.net/airport-business/.

3.7 Verification of Employment Status

a. Prior to the employment of any person under this Concession, the Proposer 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 Proposer during the Concession term, and an express requirement that Proposers include in such subcontracts the requirement that subcontractors performing work or providing services pursuant to the subcontract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Concession 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.

https://orlandoairports.net/airport-business/ http://www.uscis.gov/portal/site/uscis

25-115-RFP Preferred Ground Transportation Provider Concession BASE REV 10/08/2024

b. Only those employees determined eligible to work within the United States shall be employed under this Agreement. By submission of a Proposal in response to this Request for Proposals, the Proposer affirms that all employees in the above categories shall undergo e-verification before placement on this Concession. The Proposer shall commit to complying with this requirement.

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4.0 SUBMISSION REQUIREMENTS

Proposers interested shall submit their Proposals via the e-Procurement Platform system.

Once Proposers registered with OpenGov, Proposers may submit their Proposal securely before the Request for Proposals deadline:

By clicking the PARTICIPATE BUTTON under the Request for Proposals, the Proposal submitted will remain locked and inaccessible by the Aviation Authority until the Request for Proposals deadline date and time.

4.1 Preparing Proposals in Required Format

a. The submission requirements in this section are not to limit the creativity in the presentation of a Proposal, but rather to list the elements of a Proposal that the Aviation Authority deems most important to its evaluation process. Proposer’s response shall not exceed 150 pages (excluding the financial statements requested in Tab 2.D below).

b. It is the Proposer’s responsibility to incorporate all pertinent information effectively, to meet the requirements listed in Section 3.1 Proposer’s Requirements and Section 3.2 Evaluation of Award. The Proposer should prepare its Proposal simply and economically, providing a straightforward, concise description of the Proposer's capability to satisfy the conditions and requirements of this competitive Request for Proposals.

Tab 1 - Table of Contents

Please insert a table of contents and include navigational bookmarks to identify each sections of the Proposal to facilitate quick reference.

Tab 2 - General Company Information

A. Provide the name of Proposer's company (including the name of any parent company), Include:

1. Contact name and complete contact information of individual responsible for the Proposal.

2. Type of organization (corporation, sole proprietor, partnership, other).

3. State of formation.

4. Address.

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5. Federal employer identification number

6. Current Certificate of Good standing from the Florida Secretary of State.

7. If Proposer is a privately held corporation, names of all owners.

8. Proposer must indicate whether the Proposer’s obligations under the

Concession Agreement will be guaranteed by a parent company, affiliated company or other person or entity. If so, provide the name and address of each guarantor.

B. Cover Letter

1. Provide a brief narrative description of the firm’s expertise, experience, history, and the resources directly available for the Concession.

2. Proposer shall affirm its willingness to execute a Preferred Ground

Transportation Provider Concession Agreement substantially in the form attached hereto as Exhibit 1.

C. Proof of Insurability

Insurance Requirements are listed in the Concession Agreement sample document. The Proposer must provide a Certificate of Insurance on Acord form or form acceptable to Aviation Authority, or a signed affirmation of ability to comply from a licensed insurance agent, or insurance quote.

D. Financial Statements

1. Proposer shall provide a statement certifying that they are financially stable and have the necessary resources and financial capabilities to provide the services at the level required by the Aviation Authority.

2. Please note that unless (i) the Proposer indicates in Tab 2.A.8 above, that its obligations will be guaranteed by a parent company, affiliated company or other person or entity, and (ii) submits financial information for such guarantor, and (iii) such guarantor executes this form (in which event such guarantor will be required to execute an Agreement of Guaranty if the Proposer is awarded the Concession), the Aviation Authority will consider only the financial strength of the Proposer (including any general partner or joint venturer).

If the Proposer expects the Aviation Authority to rely on its own financial strength, such Proposer must provide the financial

25-115-RFP Preferred Ground Transportation Provider Concession BASE REV 10/08/2024 statements requested below, even if it is a subsidiary of a larger corporation.

3. Proposer must provide the most recent audited annual financial statements for the last two years identified in Section 3.1.d- g above in order to evaluate the Proposer’s ability to perform these Services. If audited annual financial statements are not available, provide balance sheets, income statements, and cash flow statements for the last two years.

4. Proposer shall attach financial statements as a separate attachment via the e-procurement platform and be clearly labeled as follows: "Confidential Financial Records Submitted under Seal and Exempt from Florida Public Records Disclosure.” (Reference Florida Statutes Section 119.071(1)(c) for exemption on financial records.)

5. Proposers must provide a detailed proposed annual operating budget and pro forma statement of projected results of operations for each of the first two (2) years of operations, identifying (i) the source of funds to cover any initial capital requirements, including, but not limited to, the purchase or lease of vehicles required to satisfy the minimum vehicle requirements as set forth in the Invitation, and (ii) any deficits shown in the statement

E. Prior or Pending Convictions, Indictments, Investigations, Regulatory

Investigations

The Proposer shall provide a description of all prior or pending convictions, indictments, investigations, and regulatory investigations, either civil or criminal that relate to the services listed in Section 2.0 Description of Concession, in which Proposer or its affiliates, subsidiaries, parent company, directors, senior officers, or senior regional officers have been involved within the last five (5) years immediately preceding the date of Proposer’s response to this Request for Proposals, or provide an affirmative statement that there are none.

F. Claims Information

Disclose all lawsuits, arbitrations and claims filed or raised by or against the Proposer over the last five (5) years that relate to the services listed in Section 2.0 Description of Concession, specifically identifying the project involved, the parties involved, the nature of the claim(s), amount at issue, disposition or status and litigation, case style, number, and jurisdiction, or provide an affirmative statement that there are none.

G.…