Advertising_Final_Draft_RFP_2025-0206_Temporary_Staffing.pdf

RFP 2025-0206

Temporary Staffing Services

MELBOURNE AIRPORT AUTHORITY

REQUEST FOR PROPOSAL (RFP)

FOR

Melbourne Orlando International Airport

One Air Terminal Parkway, Suite 220

Melbourne, Florida 32901 USA

Table of Contents

REQUEST FOR PROPOSAL

SECTION 1- GENERAL INSTRUCTIONS AND REQUIREMENTS

INTENT OF REQUEST FOR PROPOSAL (RFP)

PROPOSER’S COSTS

EVALUATION OF PROPOSER

INSURANCE (AS APPLICABLE TO THE CONTRACT SCOPE)

RESERVED RIGHTS

PUBLIC RECORDS

REQUEST FOR CLARIFICATION OF REQUIREMENTS, STANDARDS, SPECIFICATIONS, OR

PROCESS

ADDENDA TO THE RFP

MODIFICATION AND WITHDRAWAL OF PROPOSAL

PROPOSAL QUESTIONS

AWARD CRITERIA

HIGHEST RANKED PROPOSER

PROPOSAL AND PRICE GUARANTEE

PROTEST OF CONTRACTOR SELECTION OR CONTRACT AWARD

PAYMENTS AND BILLINGS

EXAMINATION BY PROPOSERS

SUBMISSION OF FORMS

EXCEPTIONS

UNIT PRICES

TAXES

DELIVERY

AWARD OF CONTRACT(S)

EEO STATEMENT

DISAVANTAGED BUSINESS ENTERPRISES (DBE)

COMPLIANCE WITH APPLICABLE LAW

TEXTING AND DRIVING

PUBLIC ENTITY CRIME INFORMATION STATEMENT

LIABILITY

UNAUTHORIZED ALIEN WORKERS

FINANCIAL STATEMENT

SECTION 2 - TERMS AND CONDITIONS

2.1 ASSIGNMENT OR SUBCONTRACTING

2.2 CONTRACT

2.3 OWNERSHIP AND ACCESS TO RECORDS

2.4 EXAMINATION OF RECORDS

2.5 CONFLICT OF INTEREST

2.6 COPYRIGHT

2.7 NON-WAIVER

2.8 NO THIRD-PARTY RIGHTS

2.9 STANDARD FOR PERFORMANCE

2.10 ATTORNEY'S FEES

2.11 APPLICABLE LAW

2.12 REJECTION OF PROPOSALS

SECTION 3 – SCOPE OF SERVICES

SECTION 4 - PROPOSAL SIGNATURE PAGE AND REQUIRED FORMS

SECTION 5 - PROPOSAL SCHEDULE

SECTION 6 – REFERENCES

SECTION 7-PRICING

SECTION 8-SAMPLE JOB CLASSIFICATIONS

SECTION 9-AWARD CRITERIA

BACKGROUND

Melbourne Orlando International Airport (MLB) continues to gain global recognition as Central Florida’s Coastal Gateway and an epicenter of aerospace, defense and aircraft manufacturing. With MLB’s growing campus and neighborhood of notable companies, including Northrop Grumman, Embraer, L3Harris, Collins Aerospace, Thales and more, the airport is home to a daily population of more than 20,000 and generates an economic impact of $3 billion annually.

Flying to MLB lands travelers right in the heart of Florida’s Space Coast with immediate access to Brevard County’s 72 miles of pristine beaches. It is the closest airport to Port Canaveral, the world’s second busiest cruise port, and is the closest airport to NASA’s Kennedy Space Center. Being located on Central Florida’s Atlantic Coast also provides easy access to Orlando’s world-famous theme park corridor in just over an hour’s drive.

MLB serves over 700,000 passengers annually with scheduled service provided by Delta Air Lines, American Airlines, Allegiant Air, Sun Country Airlines, and TUI Airways (providing International service to 6 to 8 destinations in the U.K. and Scotland).

In March 2022, the world’s leading holiday company and the UK’s number one holiday provider, TUI, began historic service to MLB, marking the first-ever European airline and transatlantic service and currently serves six UK markets. gateway to Florida for all its UK customers, TUI operates seasonally with up to three daily transatlantic flights with its 300 to 345-seat Boeing 787 Dreamliners and over 150,000 passengers annually.

MLB operates a newly renovated Terminal to accommodate the increase in passenger air service. The expansion/renovation included major upgrades, including four new common-use international/domestic jet bridges capable of handling wide-body aircraft, an expanded U.S. Customs facility, a new four-lane security checkpoint, a spacious new departure gate area with fresh restaurant and retail options, and a new International Welcome Center with immediate access to ground transportation.

To learn more about Melbourne Orlando International Airport (MLB), visit www.MLBair.com or stay connected by following @FlyMLB on Facebook, Instagram, Twitter (X) and LinkedIn.

http://www.mlbair.com/

REQUEST FOR PROPOSAL

February 6, 2025

Dear Proposer:

The Melbourne Airport Authority (Authority) dba the Melbourne Orlando International Airport is soliciting sealed Proposals from qualified Proposers for the provision of contracted services, supplying qualified and experienced workers for Temporary Staffing Services, per the specifications therein. Proposals will be received at the Melbourne Airport Authority Offices, One

Air Terminal Parkway, Suite 220, Melbourne, Florida 32901, until 3:00 PM local time, Thursday, March 13, 2025.

Scope of Services: The Contractor shall provide temporary personnel who are competent and capable of performing the necessary tasks generally associated with the job classification types specified in Request for Proposal (RFP) Section 8-Job Classifications. Reference Section 3-Scope of Services of this RFP for detailed requirements.

Proposals must be prepared per the specifications detailed within the Request for Proposal document. These documents are available:

• Via email from the contact person below,

• Via DemandStar: demandstar.com

• Via VendorLink: myvendorlink.com

CONTACT PERSON

Summer L. Wyllie-Vitt, Procurement Manager

E-mail: swyllie-vitt@mlbair.com

Office: (321) 723-6227 x 163

The proposed outline for this solicitation and service schedule is detailed below. These dates are subject to change via published addenda and/or other official MAA notice.

Activity Date and Time

Request for Proposals Publication Thursday, February 6, 2025

Questions Due Friday, February 21, 2025 at 5:00 PM

Proposals Due Thursday, March 13, 2025 at 3:00 PM

MAA Board Recommendation Wednesday, March 26, 2025

Transition Activities Begin Thursday, March 27, 2025

Transition Activities Complete Wednesday, April 30, 2025

Contractual Services Begin Thursday, May 1, 2025

In determining the best-qualified proposal, the Authority will consider all acceptable proposals on a basis consistent with RFP requirements.

The Authority reserves the right to award to one, multiple or none as determined in the best interest of the Authority.

The Authority reserves the right to reject any and all proposals, to waive any irregularities in the proposals received and to accept the proposal(s) that are in the best interest of the Authority.

Authority is an Equal Opportunity Employer. The Authority is exempt from Federal and State taxes and will provide its exemption certificate.

Proposal Instructions and Information:

• The submission package or envelope SHOULD BE SEALED and PLAINLY MARKED with the following:

Melbourne Airport Authority

RFP 2025-0206: Temporary Staffing Services

Melbourne, Florida 32901

• Submit PROPOSALS to:

Melbourne, Florida 32901

• ALL PROPOSALS MUST BE SIGNED.

• The Owner is the Melbourne Airport Authority dba Melbourne Orlando International

Airport.

• Proposer shall comply with all specifications.

• Proposal shall include salary ranges (minimum-maximum) for all job classifications.

• Proposers with job classifications with multiple levels (entry-level, experienced, senior, etc.) shall provide applicable salary ranges by job classification and level.

• Proposal shall include proposer’s mark-up on all job classifications.

• Proposal shall provide for a limit on overtime mark-up (e.g., all overtime hours worked will not receive full mark-up).

• Proposal shall include proposer’s policy regarding holiday and shift premium/differential pay (e.g., holiday pay premium, shift differential rates, long-term personnel additional benefits, paid holidays off, etc.).

• Additional sheets may be included if more room is needed for technical information, answers, and explanations. Proposals shall not exceed fifty (50) pages total in length – not to include the Price Sheet or forms provided in this Proposal which are required for submittal.

• Proposals shall be presented in tabbed format in any hardcover method, including 3 ring binder, binding, book bound, etc.

• Dividers shall separate all proposal sections with tabs labeled with the contents of each section.

• The following sections must be included in the proposal:

➢ Tab 1: Proposal Cover Letter, Executive Summary

(Pass/Fail: No Points Assigned)

Summarize the key elements of your proposal. Provide a brief history and background of your company, including the number of years the company has conducted business.

Include a statement from an individual authorized to act on behalf of the Proposer, who shall sign the letter. Clearly state the names, titles, telephone numbers (including mobile), and emails of all primary points of contact along with a business address.

➢ Tab 2: Proposed Management Plan (15 Points Possible)

Proposers are to include a summary describing the Proposer’s understanding of and ability to meet the Authority’s needs, the services to be performed, its current resource pool of personnel, and the objectives to be accomplished. It is to be noted that these positions are not remote and that remote applicants will not be accepted for services provided for any position. It is expected that the servicing agency(ies) awarded under this RFP will provide management that includes response to the Airport site as needed to review and identify work locations for recruitment and understanding of the

Authority’s needs; as well as a physical location for applicants to respond to within a reasonable distance of the Airport. Refer to RFP Scope of Services -Section 3.

➢ Tab 3: Capabilities and Expertise (20 Points Possible)

Describe the qualifications of the Proposer and principal staff that have managed contracts within the past three years of similar in size and scope to demonstrate competence to perform required services. Information shall include:

▪ Names of principal staff that managed contracts and their specific responsibilities

▪ Summary of Proposer’s demonstrated capability, including how long Proposer has provided the services like those requested in this RFP

▪ Holiday Policy: Provide narrative describing Proposer’s policies.

▪ Any benefits provided by the Proposer to their personnel applicable to this contract

(Paid Time Off (PTO), benefits, longevity accrual benefits, etc.).

▪ Describe the in person representative(s) who will be available to respond to the

Airport location if needed to review and identify work locations for better recruitment and understanding of the Authority’s needs; as well as staff the physical location for applicants within a reasonable distance of the Airport.

➢ Tab 4: Recruitment Strategies (25 Points Possible)

Describe in detail your strategies, both current and proposed, for recruiting and retaining capable and competent personnel to provide as candidates for temporary staffing across the needs of the Airport. This should detail methods of advertisements, agency benefits (if applicable), industry awareness, marketing and any other relevant strategies for maintaining a sufficient candidate pool.

➢ Tab 5: References (10 Points Possible)

RFP Section 6 – Proposer may utilize the form provided; or may submit in a different format so long as all requested material is provided within Proposal page limits.

References shall include a minimum of three (3) maximum of five (5) comparably sized agencies or similarly typed industries that the proposer has provided temporary staffing services in the past five (5) years. Contact information shall include business name, project contact, project type, telephone number and email.

➢ Tab 6: Cost (30 Points Possible)

RFP Section 7 - Include minimum/maximum salary ranges by job classification/level, mark-up by job classification, overtime mark-up/limit, holiday and shift differential rates, as applicable.

Proposers shall also provide a administrative/management percentage markup cost for

Authority provided personnel – in opportunities where the Authority provides a candidate directly to the Proposer, experiencing no recruitment on the Proposer’s behalf, to bring on as a temporary staffing employee.

➢ Tab 7: Financial Responsibility (Pass/Fail: No Points Assigned)

Section 8-Financial Statement in a Separate Sealed Envelope.

The Proposing Firm shall submit, in a separate sealed envelope, an updated financial statement for the Firm, prepared and signed by a Certified Public Accountant (CPA) within the last 90 days, itemizing present financial resources, liabilities, and capital equipment. The Authority’s Director of Finance and Administration will open and review this package for the selected firm only. All financial statements will be held until the Contract is awarded, at which time the unopened statements will be shredded. If a Proposing firm requests their financial statement be returned unopened, provide a self-addressed, stamped envelope for its return.

➢ Tab 8: Required Forms.

▪ Proposal Signature Page and Required Forms: RFP Section 4.

• Public Official Disclosure Form

• Non-Collusion Affidavit

• Public Entity Crimes Statement

• Certification Regarding Debarment, Suspension and Other

Responsibility Matters

• E-Verify Certificate

SECTION 1- GENERAL INSTRUCTIONS AND REQUIREMENTS

These General Instructions and Requirements are presented for clarification of the Terms and

Conditions included with the Contract Agreement and are not intended to replace or take precedence over those Terms and Conditions.

These instructions, requirements, and any special instructions contained in the specifications are a part of the terms and conditions of the proposal. Any exceptions or deviation to/from these instructions/requirements or specifications must be specified and submitted with the proposal.

Failure to indicate any exceptions or deviations will be regarded as full acceptance of these requirements and instructions.

INTENT OF REQUEST FOR PROPOSAL (RFP)

It is the intent of this RFP is to describe the services being sought in sufficient detail to secure qualified proposals. Proposals will be evaluated using a weighted scoring method. Proposals not conforming to the requested format or not in compliance with the specifications will not receive full scoring.

In the event of a tie score, award preference shall be given in the following order:

a. Proposer has a drug free workplace program in conformance with Florida Statute Chapter

287.087

b. Local Proposer’s office is located within the incorporated limits of the City of Melbourne.

c. Proposer’s business office is located within Brevard County.

PROPOSER’S COSTS

The Proposer is responsible for all costs (including site visits where needed) incurred in preparing or responding to this RFP. All materials and documents submitted in response to the RFP become the property of the Authority and will not be returned.

EVALUATION OF PROPOSER

Before awarding a contract, the Authority may conduct reference investigations as is necessary to evaluate and determine the performance record and ability of the top ranked Proposer(s) to perform the size and type of work to be contracted, and to determine the quality of the service being offered.

By submitting a proposal, you authorize the Authority to conduct reference investigations as needed. Proposals will be evaluated by a selection committee comprised of Authority employees and may include citizens of Melbourne.

INSURANCE (AS APPLICABLE TO THE CONTRACT SCOPE)

1.4.1 Comprehensive General Liability: Two Million Dollars ($2,000,000) combined single limit per occurrence including, but not limited to, broad form property damage, personal injury, contractual, independent contractors, underground explosion and collapse hazard, and premises/operations.

1.4.1.1 The policy must provide coverage for bodily injury, property damage, liability arising from premises and operations, independent contractors, products-completed operations, liability assumed under an insured contract (including tort liability of another assumed in an agreement) and hangar-keepers liability. The Authority shall require its vendors, vendees, contractors, and subcontractors, to maintain a similar commercial general liability insurance policy with the same coverages for bodily injury and property damage, and that names the Authority as an additional insured. The Comprehensive General Liability shall name the Authority as additional insureds.

1.4.2 Automobile Liability: Two Million Dollars ($2,000,000) combined single limit per accident for any auto, hired autos, and non-owned autos for bodily injury and property damage.

1.4.3 Workers’ Compensation and Employers’ Liability: Workers’ Compensation and

Employers’ Liability insurance as required by the statutes of the State of Florida.

1.4.3.1 Employer ’s Liability

1.4.3.2 $ 1,000,000 bodily injury by accident for each person

1.4.3.3 $ 1,000,000 bodily injury by disease for each person

1.4.3.4 $ 1,000,000 bodily injury by disease, policy limit

1.4.4 Fire Insurance: The Contractor shall obtain and maintain at all times during the Term of the Agreement a fire insurance policy with coverage in the amount of at least One Million Dollars

($1,000,000) annually. The fire insurance policy shall name the Authority as an additional insured.

1.4.5 Umbrella Liability: Two Million Dollars ($2,000,000) excess policy per occurrence combined limit for bodily injury and property damage that follows form and applies in excess of the primary liability coverages required hereinabove.

1.4.6 The insurance companies shall have an A.M. Best's rating and financial size of at least A-

, and shall be licensed, admitted and authorized to do business in the State of Florida. Any exemption must be approved by the Airport Procurement Manager in allowance and accordance with Florida State Statute.

1.4.7 The Contractor shall waive all rights of subrogation against Authority, their respective officers, elected or appointed officials, and employees for the recovery of damages to the extent that these damages are covered by any of the insurance policies required by this Agreement.

1.4.8 Certificates of insurance coverage, additional insured endorsements, waiver of subrogation endorsements and notice of cancellation or termination endorsements must be provided to

Authority.

1.4.9 Required insurance coverage shall be primary insurance and any insurance or self-insurance maintained by the Authority shall be excess of and non-contributory with Contractor’s insurance.

1.4.10 The Contractor will provide the insurance coverage designated hereinafter and pay all costs associated with the insurance coverage. Any submitted insurance policy, or certificate of insurance will name the Melbourne Airport Authority as a named insured, where appropriate, and such insurance policy or certificate of insurance will be kept and maintained in full force and effect at all times during the term or life of this contract.

1.4.11 The insurance policy or certificate of insurance must be filed with Authority prior to commencing work under this contract and no insurer will cancel the policy or policies or certificate of insurance without first giving thirty (30) days written notice thereof to the Contractor and the

Authority; however, the Contractor may, at any time, substitute a policy or policies or certificate of insurance of a qualified insurance company or companies of equal coverage for the policy or policies or certificate then on file with Authority.

1.4.12 In case of a breach of any provision of this article, the Authority, at its option, may take out and maintain at the expense of the Contractor, such insurance as the Authority may deem proper and may deduct the cost of such insurance from any monies, which may be due or become due the Contractor under this contract.

1.4.13 Minimum limits of insurance described above will not be deemed a limitation of the

Contractor's covenant to indemnify.

RESERVED RIGHTS

The Authority reserves the right to accept or reject proposals. The Authority may select a firm based on the written proposal or may request oral presentations from the most highly rated firms under the evaluation criteria outlined above. The firm selected through this process as the best qualified will be requested to negotiate a contract.

PUBLIC RECORDS

Florida Statute 119-Public Records, allows the open inspection and copying of public records.

Public records include any writing containing information relating to the conduct or administration of the public's business prepared, owned, used, or retained by a State or local agency regardless of the physical form or character. All, or most, of the information contained in Proposals submitted will be a public record subject to disclosure under the Public Records Act and will be available for inspection and copying by any person. The Public Records Act contains certain exemptions.

One exemption potentially applicable to part of responses may be for trade secrets. Trade secrets include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.

If Proposers consider any element of their Proposal to be a trade secret, or otherwise protected from disclosure, the Proposer must submit the following to indicate this for protection from disclosure:

1) Indicate by marking each page of the pertinent document confidential; and,

2) Include the specific basis for the position that it be exempt from disclosure.

Prices quoted in Proposals are not a trade secret.

The following is not acceptable or in accordance with the FS 286.011 and will not be honored:

a. Marking your entire Proposal as exempt; or,

b. Placing a statement or legend on one (1) page stating that all or substantially all of the response is exempt.

The Authority, to the extent allowed by law and in accordance with these Instructions, will honor a designation of nondisclosure. If you claim material to be exempt from disclosure under FS

286.011, the Proposer will expressly agree to defend, indemnify and hold harmless the Authority from any claim or suit arising from the Authority’s refusal to disclose any such material. Any questions regarding the applicability of FS 286.011 should be addressed to your own legal counsel

– Prior to submission.

REQUEST FOR CLARIFICATION OF REQUIREMENTS, STANDARDS,

SPECIFICATIONS, OR PROCESS

Any Proposer who wishes to request clarifications of the requirements, standards, specifications, or processes outlined in this Request for Proposal may submit a written notification to the

Authority, to be received no later than the date/time specified in the procurement schedule. The notification will state the exact nature of the clarification, describing the location of the protested portion or clause in the Proposal document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The Authority may modify the proposal documents, and/or reject all or part of the protest. Changes to these specifications will be made by written addendum. Verbal responses will not be binding on the Authority or the Proposer. Direct written requests to:

Summer Wyllie-Vitt, Procurement Manager

One Air Terminal Parkway, Suite 220

Melbourne, Florida 32901

Or swyllie-vitt@mlbair.com

ADDENDA TO THE RFP

If the Authority modifies specifications, the modifications will be sent to each plan-holder in writing. Verbal modifications are not binding on the Authority or the Proposer. No oral changes will be considered or acknowledged. Proposers must acknowledge each addendum received on their Proposal.

MODIFICATION AND WITHDRAWAL OF PROPOSAL

A proposal may be modified or withdrawn by the Proposer prior to the set submission due date and time.

PROPOSAL QUESTIONS

The Authority will provide, via addendum, answers to questions and responses received from any

Proposer, which the Authority deems may affect or cause an ambiguity in proposal responses.

The Authority may, by written notice to all respondents, cancel, postpone, or amend the Request for Proposal (RFP) prior to the due date. If, in the opinion of the Authority, the revisions or amendments will require additional time for a response, the due date will be extended to all participants. If revisions and amendments are not furnished to respondents prior to the due date, proposals shall be considered withdrawn and the process shall be re-initiated without further discussion.

AWARD CRITERIA

Criteria necessary to evaluate the proposals in relation to the services being sought are included in the RFP documents and will be established and weighted. At a minimum, criteria will include annual pricing, experience, references, and compliance to the RFP specifications and requirements for the service. Reference Section 9-Award Criteria for details. The Authority may award the contract to one or multiple Proposers.

HIGHEST RANKED PROPOSER

The selection committee shall recommend the contract or award of proposals be awarded to the highest ranked Proposer, with all evaluation criteria considered. Awards greater than $50,000 shall be presented to the Melbourne Airport Authority Board for approval to award.

PROPOSAL AND PRICE GUARANTEE

The Authority requires submitted proposals remain valid for a minimum of 90 days, including all proposal pricing.

PROTEST OF CONTRACTOR SELECTION OR CONTRACT AWARD

The right to protest an award is governed by Melbourne Airport Authority Purchasing Manual

Section 8.5-Bidder/Proposer Protest, which provides:

Right to Protest

Any actual or prospective bidder or proposer, aggrieved in connection with a solicitation or award of a bid or contract may protest to the Purchasing Manager in accordance with established procedures in the Purchasing Manual.

Remedy

The Procurement Manager is authorized to settle any protest regarding the solicitation or award of an Authority contract, any claim arising out of the performance of an Authority contract prior to an appeal to the Executive Director or their designee or MAA Board, or the commencement of an action in a court of competent jurisdiction.

Stay of Procurement

In the event of a timely and properly filed protest, the Procurement Manager shall not proceed further with award until all administrative remedies have been exhausted, or until the Executive

Director or their designee or MAA Board, as appropriate, makes a determination on the record that the award of a contract is necessary to protect substantial interests of the Authority.

A. Definitions

Interested Party:

A party that is an actual or prospective bidder or proposer; whose direct economic interest would be affected by the award or failure to award the third-party contract at issue. Note:

A subcontractor does not qualify as an “interested party”.

Protest:

A formal declaration of disapproval or objection issued by a concerned person, group, or organization that arises following the procurement process, during the period of intended award. A protest is a potential bidder’s or contractor’s request for remedy for correcting a perceived wrong in the procurement process.

Protestor:

A person, group, or organization that files a formal declaration of disapproval or objection.

A protestor must qualify as an “interested party”.

B. Protest Definition

A protest is defined as meeting the criteria a written complaint, following published intended award and is received after receipt of bids or proposals, but prior to award of a contract.

C. Protest of Award Recommendation Procedures and Protest Period (After Bid

Opening/Proposal Evaluation)

Any protest after the bid opening/proposal evaluation, including challenges to actions of any evaluation of selection committee, shall be submitted in writing to the Procurement Manager.

This written notice of intent to submit a protest must be received by the Procurement Manager no later than 4:00 pm, local time, on the third business day (excluding weekends and holidays) following the day of the protestor’s receipt of the Authority’s notice of award recommendation.

This timeframe is referred to as the Protest Period.

The Notice of Intent to File a protest document shall state all grounds claimed for the protest and clearly indicate, in their document, that they are filing a formal written protest. This shall include the following:

a. Authority bid/proposal identification number and title; Name and address of the affected party and the title or position of the person submitting the protest;

b. A statement of all claimed disputed issues of material fact. If there are no disputed facts, the formal protest must so indicate;

c. A concise statement of the facts alleged and the rules, regulations, statutes, or constitutional provisions which entitle the affected party to relief;

d. All information, documents, other materials, calculations, and any statutory or case law authority in support of the grounds for the protest;

e. A statement indicating the relief sought by the affected protesting party;

f. Any other relevant information the affected party deems material to the protest.

Stay of Procurement: Upon receipt of timely filed Notice of Intent to File a Protest, the

Procurement Manager will abate the award process of the formal bid/proposal, as appropriate, until the protest is heard pursuant to the informal hearing process as outlined below, unless the

Executive Director or their designee shall find and set forth in writing particular facts and circumstances that would require an immediate award of the formal bid/proposal for the purpose of avoiding a danger to the public’s health, safety, or welfare. Upon such written finding by the

Executive Director or their designee, an expedited protest hearing may be authorized.

Protest Review Board: A Protest Review shall be conducted by the Procurement Manager, Finance and Administration Director and user Department Director. Their background and findings shall be provided to the Executive Director, who shall have the authority to make a final decision and/or recommendation to the MAA Board, dependent on threshold. The Executive

Director may resolve this protest by meeting with the Protestor, and if desired, as a public meeting.

The Procurement Manager shall forward the Executive Director or MAA Board’s notice of the final decision to the protesting party, in writing.

A. Filing for Protest

All protests must be filed in writing with the Authority Procurement Manager, Summer Wyllie-

Vitt, by written contact received by the protest period deadline to One Air Terminal Parkway, Suite

220, Melbourne, Florida 32901, or via writing in email to swyllie-vitt@mlbair.com.

PAYMENTS AND BILLINGS

Payment for the materials, supplies, or equipment as specified in the contract shall be processed promptly after completion of delivery of items and after receipt of proper invoice(s). Discounts for prompt payment will not be considered in proposal evaluations, unless otherwise specified.

Offered discounts, however, will be taken if payment is made within the discount period. Late charges may be assessed against the Authority when payment is not made before the due date

(forty-five (45) days after receipt of proper invoice). The awarded Proposer shall submit all invoices to:

accountspayable@mlbair.com

Or:

ATTN: Accounts Payable

Melbourne, FL 32901

Billing is to be submitted for each calendar month by the 15th of the following month of service.

mailto:swyllie-vitt@mlbair.com mailto:accountspayable@mlbair.com

Services are to be billed fully for the month in which the service is provided, no back-billing shall be allowed. Services which are not billed by the 15th of the following month of service will not be accepted and will be the sole responsibility of the proposer. The awarded Proposer can expect payment within 45 days after receipt of a proper invoice.

EXAMINATION BY PROPOSERS

All proposers must examine the specifications, schedules, special instructions, and these general requirements prior to submitting a proposal. Failure to examine this RFP in its entirety is at the proposer’s own risk.

SUBMISSION OF FORMS

All proposals must be submitted and completed in ink or typewritten, in the form provided by the

Melbourne Airport Authority. The individual signing the proposal must initial any erasures or other changes. Proposals will not be considered unless the Proposer or an authorized agent signs the proposer response sheet. Failure to execute the RFP documents properly may result in rejection of the proposal.

EXCEPTIONS

Any deviations to these instructions or specifications must be submitted in writing in the proposal.

Failure to indicate any deviations will be regarded as full compliance with these requirements, specifications, and instructions and will be construed to mean that the Proposer offers to furnish the exact commodity described in the specifications or requirements.

UNIT PRICES

A unit price of each unit proposal must be shown and include packaging and/or packing, if any, unless otherwise specified. If the quantity is an estimate, the unit price only shall be listed. On items where a quantity is specified, a total shall be entered in the appropriate column of the proposal schedule. If an error is made in extension of the price, the unit price shall prevail. Items or estimated quantity will be awarded on a “no guarantee” basis. Prices shall be extended in decimals (two decimal places), not fractions, and shall include transportation and delivery charges, prepaid by the Proposer to the destination specified in the special instruction of the specifications.

TAXES

The purchase of equipment, materials, and/or services by the Melbourne Airport Authority is exempt from the payment of excise, transportation, and sales tax imposed by the federal, state and/or other city governments. Such taxes must not be included in the proposal prices. Upon request, the Melbourne Airport Authority will furnish applicable tax exemption certificates. In the case of leases, where tangible taxes are required, the Authority will pay those taxes. All other taxes are the responsibility of the Contractor and are to be included in the Contractor’s Proposal pricing.

DELIVERY

All prices shall be based on delivery F.O.B. Melbourne, Florida or to any points located within the municipal corporate limits (unless otherwise stated in the special instructions) with all charges prepaid to the actual point of delivery.

Proposals must show the number of days required for delivery under normal conditions.

Unrealistically short or long delivery promises may cause proposals to be rejected. A successful

Proposer is required to keep the Authority advised concerning the status of the order at all times.

All materials, supplies, equipment, and/or service shall be delivered within thirty-(30) days from the date of the award of contract, unless specified otherwise.

Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss of damage to all items shall be the responsibility of the shipper (vendor) until accepted by the using department of the City of Melbourne Airport Authority.

AWARD OF CONTRACT(S)

The Authority reserves the right to award by item, groups of items, or all items of the proposal; to reject any or all proposals in whole or in part; and, waive technical defects, irregularities, and/or omissions. The Authority reserves the right to request clarification of information from any

Proposer. The Authority also reserves the right to waive minor irregularities in proposals, or to reject any and all proposals when to do so is in the best interest of the Melbourne Airport Authority.

Proposal awards are subject to the Conflict of Interest provisions of Chapter 112, Florida Statutes.

EEO STATEMENT

Vendors must ensure that employees and candidates for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and women-owned businesses are encouraged to participate. The Authority is an Equal

Opportunity/Veterans’ Preference employer.

DISAVANTAGED BUSINESS ENTERPRISES (DBE)

Disadvantaged Business Enterprises are encouraged to respond to this solicitation. Women-owned and minority-owned firms are encouraged to submit a proposal. The Authority actively encourages any proposals by DBE firms for goods and services for the Authority. The goal is to provide a good faith effort for DBE participation.

COMPLIANCE WITH APPLICABLE LAW

Federal, state, county, and local laws, ordinances, rules, and regulations that in any manner affect the item(s) covered herein apply. Lack of knowledge by Proposer shall in no way be cause for relief from responsibility.

TEXTING AND DRIVING

The vendor must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving.

PUBLIC ENTITY CRIME INFORMATION STATEMENT

A statement may or may not be required as part of the proposal submittal; however, Proposers are subject to the provisions of Section 287.133, Florida Statutes, whereby the State maintains a convicted vendor listing that excludes those suppliers from proposal submittal for a period of thirty-six (36) months.

LIABILITY

The vendor shall hold and save the Melbourne Airport Authority, its officers, agents, and employees harmless from liability of any kind in the performance of or fulfilling the requirements of a purchase order that may result from the proposal.

UNAUTHORIZED ALIEN WORKERS

The Authority will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)(Section 274A(e) of the Immigration and

Nationality Act (“INA”). The Authority shall consider the employment by the contractor of unauthorized aliens a violation of Section 274A (e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Authority.

FINANCIAL STATEMENT

The Proposing Firm shall submit, in a separate sealed envelope, an updated financial statement for the Firm, prepared and signed by a Certified Public Accountant (CPA) within the last 90 days, itemizing present financial resources, liabilities, and capital equipment. The Authority’s Director of Finance and Administration will open and review this package for the selected firm only. All financial statements will be held until the Contract is awarded, at which time the unopened statements will be shredded. If a Proposing firm requests their financial statement be returned unopened, provide a self-addressed, stamped envelope for its return.

NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO THAT VARY

FROM THE ABOVE SHALL HAVE PRECEDENCE.

DRUG-FREE WORKPLACE CERTIFICATION (Identical Tie Proposals)

In accordance with Section 287.087, Florida Statutes, preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Established procedures for processing tie proposals will be followed if none of the tied vendors has a drug-free workplace program. In order to have a drug-free program, a business shall:

(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

(2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

(3) Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Subsection 1.

(4) In the statement specified in Subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace.

(5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted.

(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

The Melbourne Airport Authority reserves the right to reject any and all proposals, to waive any irregularities in the proposals received, to award on an "each item" basis (however, the

Proposer may indicate "all or none"), and to accept the proposal deemed most advantageous to the best interest of the Melbourne Airport Authority.

SECTION 2 - TERMS AND CONDITIONS

2.1 ASSIGNMENT OR SUBCONTRACTING

This Agreement or any interest therein or claim there under, or subcontract any portion of the work there under, may not be assigned or transferred without the prior written approval of the Authority.

If the Authority consents to such assignment or transfer, the terms and conditions of this

Agreement shall be binding upon any assignee or transferee.

2.2 CONTRACT

The selected firm(s) is expected to execute a contract with the Melbourne Airport Authority.

Specific exception must be proposed prior to proposal due date/time.

2.3 OWNERSHIP AND ACCESS TO RECORDS

While ownership of confidential or personal information about individuals shall be subject to a negotiated Agreement between the Authority and the Proposer, records will normally become the property of the Melbourne Airport Authority and subject to state law and Authority policies governing privacy and access to files.

2.4 EXAMINATION OF RECORDS

The Authority shall have access to and the right to examine any pertinent books, documents, papers, and records of the Proposer involving transactions and work related to this Agreement until the expiration of five years after final payment hereunder. The Proposer shall retain project records for a period of five years from the date of final payment.

2.5 CONFLICT OF INTEREST

The Proposer shall not hire any officer or employee of the Authority to perform any service covered by this Agreement.

The Proposer affirms that to the best of his/her knowledge there exists no actual or potential conflict between the Proposer's family, business, or financial interests and the services provided under this Agreement, and in the event of change in either private interests or service under this

Agreement, any question regarding possible conflict of interest which may rise as a result of such change will be raised with the Authority.

The Proposer shall not be in a reporting relationship to an Authority employee who is a household or near relative, nor shall the near relative be in a decision-making position with respect to the

Proposer.

2.6 COPYRIGHT

The Authority shall own, solely and exclusively, the copyright and all copyright rights to any written or otherwise copyrightable material delivered under this Agreement. The Proposer warrants that all creators of copyrightable material delivered under this Agreement to the Authority are, at the time of the material's creation, bona fide employees or subcontractors of the Proposer, and that such creation is within the course and scope of the creator's employment.

2.7 NON-WAIVER

Waiver or non-enforcement by either party of a term or condition shall not constitute a waiver or non-enforcement of any other term or condition or of any subsequent breach of the same or similar term or condition.

2.8 NO THIRD-PARTY RIGHTS

Nothing in this Agreement is intended to make any person or entity that is not signatory to the agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

2.9 STANDARD FOR PERFORMANCE

The parties acknowledge that the Authority, in selecting the Proposer to perform the services hereunder, is relying upon the Proposer's reputation for excellence in the performance of the services required hereunder. The Proposer shall perform the services in the manner of one who is a recognized specialist in the types of services to be performed. All deadlines set forth in the

Agreement are binding and may be modified only by subsequent written agreement of the parties.

The Proposer shall devote such time to performance of its, her, or his duties under this Agreement as is reasonably necessary for the satisfactory performance of such duties within the deadlines set forth herein. Nothing in the foregoing shall be construed to alter the requirement that time is of the essence in this Agreement.

2.10 ATTORNEY'S FEES

In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts of fees, costs, and expenses, including attorneys' fees, as may be set by the Court.

2.11 APPLICABLE LAW

The laws of the State of Florida shall govern this agreement.

2.12 REJECTION OF PROPOSALS

The Authority may, at its sole option, reject any and all proposals, for any reason, and reserves the right to re-solicit proposals in the event no response to the RFP is acceptable to the Authority.

Authority is in no way obligated to any respondent for the work as set forth in the specifications.

The Authority reserves the right to accept or reject proposals on each item separately or the RFP as a whole, without further discussion.

Proposals, which are incomplete, will be considered non-responsive to this solicitation and may be rejected without further consideration.

If, in the opinion of the Authority, the solicitation does not result in reasonable prices to the

Authority, considering price and cost factors associated with the acquisition described herein, then all proposals shall be rejected. All participating respondents shall be notified of the rejection, the reasons for the rejection, and advised of the disposition of the requirement.

SECTION 3 – SCOPE OF SERVICES

This Scope of Services is to establish a contract with a responsible temporary staffing firm to furnish, Temporary Staffing Services in accordance with the terms, conditions, and specifications contained herein. The Airport operates 24 hours a day, 365 days per year. Some of the positions may be required to work schedules that are deemed non-standard (i.e., not Monday through Friday from 8:00 AM to 5:00 PM).

Current temporary staffing possibilities as an example, however are not limited to, are as follows:

Job Classifications Current Total FT/PT Airport Ambassador 15+/- Both Airport Custodian 23+/- Both Airport Grounds Maintenance Worker 4 Both Airport Maintenance Technician 1 Both Oil and Lube Worker 1 Both

The Contractor shall provide temporary personnel who are competent and capable of performing the necessary tasks generally associated with the job classification types specified in RFP Section

8-Sample Job Classifications. Any temporary personnel assigned to the Authority who the

Authority deems not satisfactory, shall be replaced at the Authority’s sole discretion. The Contractor shall not charge the Authority if, within four hours of work start-up, temporary personnel are requested to be replaced.

The Authority will determine temporary personnel assignment lengths; however, nothing may prevent the Authority from reducing assignment length at any time. If the Authority decides to reduce or terminate an assignment, the Authority will provide as much notice as is reasonably possible.

A. The Contractor shall respond to Authority requests for temporary personnel by providing candidate resumes from its individual client pool to fill the requested positions. The Authority may request the Contractor provide on-site recruitment and management support to the temporary personnel including, but not limited to timekeeping, employee relations, day-to-day activities, or issues related to terms/conditions of employment.

1. The Contractor shall provide representatives who are knowledgeable in their field of expertise and furnish its temporary personnel with any means of management support (e.g., training, counseling, etc.) required to ensure that its personnel consistently maintain the highest possible performance level.

2. The Authority will make requests for technical, professional, and other qualified temporary staffing in accordance with the following general procedures: Contractor shall pre-interview, in a two way communicative format, all candidates prior to referring to the Authority. This process is to ensure candidates clearly understand the position requirements and salary/wage range, and only those candidates meeting the requirements related to knowledge, skills, abilities, or required certifications and/or licenses will be submitted for the Authority’s consideration. The Authority will have the right to interview candidates referred by Contractor and may request as many candidates resumes as necessary to fill the requested position. The Authority will notify the

Contractor of the selected candidate.

3. The Authority shall have the right, at any time, to refuse and/or disqualify any temporary personnel supplied by the Contractor for a job-related deficiency. Refusal of any temporary personnel shall not be based on race, color, religion, sex, age, national origin, disability, or political affiliation in accordance with Equal Opportunity Employment Guidelines. The Contractor shall immediately remove rejected personnel and provide a suitable replacement within the agreed timeframe determined at the time of removal.

B. The Authority representative shall notify the Contractor in writing of the selected candidate, anticipated…