Bid PB 18-7 First Amendment.pdf

Palm Beach County Board of County Commissioners County Administrator Melissa McKinlay, Mayor Verdenia C. Baker Mack Bernard, Vice Mayor Hal R. Valeche Paulette Burdick Dave Kerner Steven L. Abrams Department of Airports Mary Lou Berger www.pbia.org

AMENDMENT NO. 1

INVITATION FOR BID # PB 18-7

MAY 9, 2018

RENTAL CAR LEASE AND CONCESSION AT THE

PALM BEACH INTERNATIONAL AIRPORT

This Amendment No. 1 is issued to provide additional information and clarification to the Invitation For Bids (IFB).

Bidders are advised of the following information pertaining to the IFB:

1. A request was submitted to extend the date for the Bid Submission Date. The IFB is hereby amended to extend the Deadline for Submission of Bids, to Friday June 8, 2018, at 3:00 p.m.

local time.

2. The sign-in sheet from the Pre-Bid Conference held on May 3, 2018, is attached as Attachment “A” to this Amendment No. 1.

3. The PowerPoint presentation from the Pre-Bid Conference held on May 3, 2018, is attached as Attachment “B” to this Amendment No. 1. The Bidders should note that the PowerPoint presentation is being provided for informational purposes only and shall not be considered an amendment to any provisions of the IFB.

4. A list of certified Airport Concession Disadvantaged Business Enterprise (ACDBE) firms currently providing services at the Palm Beach International Airport (PBI) and a sign-in sheet from a recent “Rental Car Meet the Prime” event are attached as Attachment “C” to this Amendment No. 1. It should be noted that not all the firms attending the “Rental Car Meet the Prime” event are currently certified as ACDBEs. The list is being provided for informational purposes only. It is the responsibility of the Bidder to confirm ACDBE certification status prior to submission of a Bid. In addition, the list is not intended to be an exclusive or exhaustive list of ACDBE firms willing, ready and able to provide goods or services to Bidders. For purposes of demonstrating good faith efforts in accordance with Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE Goal (Attachment “B” of IFB), Bidders are strongly encouraged to contact additional ACDBE firms providing goods and services relevant to the Bidder’s concession. Information regarding ACDBE certification status may be found through the Florida Department of Transportation Equal Opportunity Office website at:

https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/ https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/

5. The first paragraph of Special Condition 14, Formal Contract, of the IFB, is deleted in its entirety and replaced with the following paragraph. The modified text is shown in underline/strikeout below:

14. FORMAL CONTRACT

Prior to award of a Concession Agreement, successful Bidders shall be required to return the following documentation within fifteen (15) business days of receipt of the Concession Agreement from the Department of Airports, unless otherwise approved directed by the Department of Airports in writing.: Bidders are advised that the Department of Airports may require Item “E”, ACDBE Plan, to be provided on a different schedule, which may be shorter than (15) business days of receipt of the Concession Agreement from the Department of Airports. Accordingly, Bidders are recommended to complete Schedule 1, List of Proposed ACDBE Firms (Exhibit “4”) and ensure that each ACDBE firm listed on Schedule 1 has completed a Schedule 2, Letter of Intent to Perform as an ACDBE Firm (Exhibit “5”), prior to submission of their Bid Responses although the forms are not required to be submitted with the Bid Response.

6. The following questions were received:

Q1: Can the airport please clarify that the ACDBE participation goal of 3.19% as set forth on

Page 4, ITEM 2 – ACDBE GOAL, is based on gross revenue?

A1: The ACDBE participation goal of 3.19% is based on gross receipts/revenue. It is not based on purchases of goods and services.

Q2: Concerning Schedule 3 – Demonstration Of Good Faith Efforts (Attachment “3”) – If an incumbent concessionaire is meeting/exceeding the ACDBE participation goal of 3.19% at the time of Bid submission, how must this Bidder “indicate how they intend to satisfy the requirements of the Bid related to ACDBE participation on Schedule 3”? Does Schedule 3 still need to be submitted and/or completed?

A2: All Bidders must complete Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE Goal (Attachment “B”) and submit it with the Bid Response. Failure to submit Schedule 3 will result in rejection of a Bid as nonresponsive to the IFB requirements.

Bidders proposing 3.19% or greater ACDBE participation need only indicate the proposed percentage and ensure that the form is signed by an authorized representative of the Bidder. Documentation concerning the ACDBE firm(s) will be provided on Schedule 1, List of Proposed ACDBE Firms (Exhibit “4”) and Schedule 2, Letter of Intent to Perform as an ACDBE Firm (Exhibit “5”) as provided in Special Condition 14 (See paragraph 5 above).

Q3: In Special Condition #12, on page 8 of the IFB, Terminal Reservation Space – How does the airport determine which Bidder has the highest ACDBE participation?

A3: Bidders are required to indicate their proposed percentage of ACDBE participation on Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE Goal (Attachment “B”).

For purposes of determining ACDBE participation in accordance with Special Condition #12 in the event that identical Bids are received, ACDBE participation will be determined by the percentage of ACDBE participation proposed by each Bidder on Schedule 3; however, the Department of Airports reserves the right to review Schedule 1, List of Proposed ACDBE Firms (Exhibit “4”), and the associated Schedule 2, Letter of Intent to Perform as an ACDBE Firm (Exhibit “5”) for each ACDBE firm listed in Schedule 1, to ensure consistency with the ACDBE participation percentage proposed on Schedule 3.

Q4: Regarding Special Condition 14.E., ACDBE Plan, – If the Bidder is meeting the ACDBE goal of 3.19% at the time of Bid submission, then how does this same Bidder show in Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE Goal (Attachment “B”) submitted as part of the Bid Response? Is Schedule 3 only to be completed by a Bidder who is not meeting the goal of 3.19% at the time of submission? If this is correct, then what does a compliance Bidder do with Schedule 3?

A4: All Bidders must complete Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE Goal (Attachment “B”) and submit with the Bid Response. Failure to submit Schedule 3 will result in rejection of a Bid as nonresponsive to the IFB requirements.

Bidders proposing 3.19% or greater ACDBE participation need only indicate the proposed percentage and ensure that the form is signed by an authorized representative of the Bidder.

If less than 3.19% ACDBE participation is proposed on Schedule 3, Schedule 3 should be completed in its entirety and documentation of Good Faith Efforts must be submitted at the time of the Bid. In the event the ACDBE goal is not achieved, a Bidder’s failure to complete Schedule 3 in its entirety and provide adequate backup documentation as to good faith efforts may result in rejection of the Bid as nonresponsive to the IFB requirements.

Completion of Schedule 3 alone will not necessarily result in a finding of good faith efforts in the event the ACDBE goal is not achieved. The purpose of Schedule 3 is to provide detailed information to the County regarding the scope, intensity and appropriateness of the steps taken by each Bidder to achieve the ACDBE goal. Determinations of good faith efforts are intrinsically fact-specific and are made taking into consideration the evidence provided by each Bidder as to its efforts. It should be noted that the performance of other Bidders in meeting the ACDBE goal will be considered when a Bidder fails to achieve the ACDBE goal.

When a Bidder fails to achieve the ACDBE goal, but other Bidders achieve or exceed the ACDBE goal, it raises the question of whether, with additional efforts, the Bidder could have met the ACDBE goal.

Failure to provide documentation of sufficient evidence of good faith efforts shall cause the Bid submitted by the Bidder to be nonresponsive to the IFB when the ACDBE goal has not been achieved.

As indicated in Special Condition 14, Bidders are recommended to complete Schedule 1, List of Proposed ACDBE Firms (Exhibit “4”) and ensure that each ACDBE firm listed on Schedule 1 has completed a Schedule 2, Letter of Intent to Perform as an ACDBE Firm (Exhibit “5”) prior to submission of their Bid Response although the forms are not required to be submitted with the Bid Response.

Q5: Please advise as per Special Condition 16, on Page 9 of the IFB, EXHIBITS, “#4” and “#5”, where is “Condition No. 14” specified in the Bid document? Is it on page 8, 14. FORMAL

CONTRACT?

A5: Yes; Special Condition 14 is listed in the IFB document, beginning on Page 8.

Q6: Special Condition 17, on Page 9 of the IFB states “THE FOLLOWING ATTACHMENTS MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE – What must a Bidder who meets the ACDBE goal of 3.19% submit with this Bid Response for Attachment “B”?

A6: See Answer #4 above.

Q7: In Section 20.04(A), Airport Concession Disadvantaged Business Enterprise Participation Goal – of the proposed Concession Agreement (Exhibit “1”), please confirm the airport will be placing 3.19% ACDBE goal into this provisions blank space or is each Bidder placing their own pledged goal into said blank space?

A7: The blank in Section 20.04(A) of the Concession Agreement will be completed by the Department of Airports with the ACDBE participation percentage commitment listed in Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE Goal (Attachment “B”) submitted by Bidder.

Q8: In Section 20.04(D), Airport Concession Disadvantaged Business Enterprise Participation Goal – of the proposed Concession Agreement (Exhibit “1”), – May we submit our compliance reports which are accepted at the majority of our corporate airport locations? The present reporting format of this airport is extremely burdensome and time consuming.

A8: No, the information requested in the compliance reports is necessary for accurate reporting to the Federal Aviation Administration (FAA). The compliance reports submitted by rental car companies in the past were generally insufficient; however, the Department of Airports will consider reasonable recommendations to streamline the process.

Q9: In Section 20.04(D), Airport Concession Disadvantaged Business Enterprise Participation Goal – of the proposed Concession Agreement (Exhibit “1”), – This Bidder’s ACDBE compliance reports cannot be submitted until 15 to 20 days in the month subsequent to the last reporting month in the requested reporting period. We do not receive our accounts payable data load with finalized numbers until this time.

A9: Reports are due the 20th day of the month subsequent to the end of each quarter. For instance, if the first quarter ends on December 31, the report would not be due until January 20th.

Q10: In Section 20.04(D), Airport Concession Disadvantaged Business Enterprise Participation Goal – of the proposed Concession Agreement (Exhibit “1”), – What does the airport mean that the compliance reports must be certified? As a follow up to the question, can the reports be certified by an authorized representative of the concessionaire?

A10: The compliance reporting forms require a certification from the ACDBE firm that it has received payment.

Q11: In Section 20.04(D), Airport Concession Disadvantaged Business Enterprise Participation Goal, of the proposed Concession Agreement (Exhibit “1”), This Bidder objects to Section D. “If requested by the Department, the quarterly reports shall include certification of receipt of payment from the ACDBE firms participating in this Agreement, in a form and detail satisfactory to the Department”. What form and detail?

A11: A copy of the current quarterly reporting forms is attached as Attachment “D” to this Amendment No. 1. The Department of Airport reserves the right to modify the reporting forms from time-to-time to ensure the information provided is consistent with the County’s reporting obligations to the FAA.

Q12: In Section 20.04(G), Airport Concession Disadvantaged Business Enterprise Participation

Goal, of the proposed Concession Agreement (Exhibit “1”), This Bidder objects to supplying any contract, subcontracts and /or agreements in their entirety. The specific terms of said agreements contain proprietary and confidential information. Bidder will, upon request and where appropriate, supply a copy of the initial and signature pages.

A12: 49 CFR §23.25 provides, in part, that the “administrative procedures applicable to contract goals in part 26, §26.51-53, apply with respect to concession-specific goals.” 49 CFR § 26.53 states that an airport sponsor “must require the contractor awarded the contract to make available upon request a copy of all DBE subcontracts.” In addition, 49 CFR §23.29 requires airport sponsor must include a mechanism in its concession program to ensure that work committed by ACDBEs is actually performed by the ACDBEs, which “must include a written certification that [the airport sponsor] has reviewed a record of all contracts….” FAA annual reporting requires contract specific information to be reported regarding ACDBEs.

Q13: Regarding Exhibit “4”, Schedule 1, List of Proposed ACDBE firms – What is the reporting period so the requested percentages can be properly calculated?

A13: ACDBE participation is reported annually based on the federal fiscal year (October 1 – September 30).

Q14: As per the Bid Response Form (Attachment “A”), “is Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE Goal [Attachment “B”] completed and attached as required?”

Once again, question is renewed and instructions necessary for this Bidder if said Bidder is meeting their ACDBE participation goal of 3.19%.

A14: The bullet points listed on Page 1 of the Bid Response Form (Attachment “A”) are intended to serve as a checklist for Bid-submittal. See Answer #4 above.

Q15: Please extend the due date of the Bid to June 21st. 2018.

A15: See Paragraph 1 above.

Q16: Please confirm that (our existing brand at PBI) is in good standing, will be considered incumbent and eligible to submit a Bid. Regarding Special Condition #10 of the IFB document, items A, B & C - please waive these sections/ requirements for brands that currently operate at

PBI.

A16: Independent documentation confirming qualifications will be required for the new contract term. Bid requirements cannot be waived for incumbent firms.

Q17: Kindly confirm that the Payless and Zipcar brands are in good standing and eligible to Bid.

A17: The Payless and Zipcar brands are in good standing and eligible to bid.

Q18: Please grandfather the reservation counters for successful incumbent Bidders.

A18: Allocation of counter space will not be “grandfathered”. An “Allocation Meeting” will be held (date TBD) in accordance with Special Condition #12 of the IFB document.

Q19: Will the bids be opened and read aloud on the due date? If not when and how will we obtain the bid results?

A19: The IFB document will be amended to provide that there will be no public Bid opening due to the provisions of Section 119.071(1)(b), Florida Statutes. Recommended awards, including the rank order of each bid, will be publicly posted for review at the Department of Airports offices and available on the website at http://www.pbia.org/Airport/Business/bids.aspx. Successful Bidders will be notified directly.

Q20: Will the definition of “Gross Revenues” change in the new Concession Agreement (Exhibit “A” to the IFB)?

A20: Section 2.21, Gross Revenues, of the Concession Agreement lists what is included in Gross Revenues (Subsection “A”) and what is not included in Gross Revenues (Subsection http://www.pbia.org/Airport/Business/bids.aspx

“B”). There is no change in the items of either subsection, from what is currently listed in the existing Concession Agreement.

Q21: What are the differences between “concessionaire” and “nonconcessionaire” (or “off-airport”) rental car operators?

A21: Concessionaire rental car operators pay a Concession Fee equal to the greater of a Minimum Annual Guarantee, or 10% of gross revenues; the agreement is a multi-year term;

the agreement entitles the operator to operate at a counter within level one at the terminal building and to accept on-demand customers, and operate a shuttle on a continual basis.

Nonconcessionaire rental car operators operate under a ground transportation (shuttle) permit that renews year-to-year. The permit fee is 8% of gross revenues; the permit allows the operator to operate a shuttle to pick-up prearranged customers only; a nonconcessionaire operator may not complete an on-demand transaction or solicit customers at the Airport. A nonconcessionaire operator may advertise at the Airport through the Airport’s advertising concessionaire, but the operator’s information is not displayed on directional signs in the terminal or on the Airport roadways.

Q22: How many rental car concessionaires currently operate at PBI? When are the agreements due to expire?

A22: Seven (7) firms currently operate eight (8) brands: Alamo, Avis, Budget, Dollar*, Enterprise, Hertz, National, Thrifty* (*dual-branded at one counter). The agreements expire September 30, 2018.

Q23: Will a company’s ACDBE ranking have any bearing on the counter allocation?

A23: As provided in Special Condition 12, Terminal Reservation Space, of the IFB, the selection of terminal reservation space at the terminal building (i.e. “counter”) shall be allocated in rank order of the Minimum Annual Guarantee (MAG) bids received, and in the event that identical MAG bids are received, the award (counter selection) shall be determined by the bid with the highest ACDBE participation.

Q24: Should the companies listed on Schedule 1, List of Proposed ACDBE Firms (Exhibit “4” to the IFB) be currently-certified? Or can a firm be in the process of certification but listed on Schedule 1?

A24: ACDBE firms listed on Schedule 1 should be certified on the date of Bid submission.

A firm in the process of certification should not be listed on Schedule 1. ACDBE firms certified after the Bid submission date may still participate in the Concession, and Bidders are encouraged to continue to seek additional ACDBE participation throughout the term of their Concession Agreement.

Q25: Is there a vacant rental car return facility available on Airport property? Is this space included in the current solicitation? May a company that does not currently have a counter/agreement with the Airport bid on that facility? Is the bid/proposal structure already determined for the vacant rental car area?

A25: A vacant rental car return facility is available and may be offered through a separate solicitation process. The facility is not part of this IFB process. There is a requirement that a proposer have an agreement to operate at the Airport, but that agreement may be either a concession agreement, or a nonconcessionaire permit. Rental information and detail concerning the site size and improvements can be obtained by contacting the Contact Person(s) listed in this IFB.

Q26: Are currencies other-than U.S. Dollars (USD) allowed for this IFB?

A26: All amounts listed in the Bid must be stated in U.S. Dollars.

Q27: How does Airport treat UBER & Lyft (and other Transportation Network Companies, or

“TNCs”); Has there been an impact to airport parking revenue due to TNCs; How are “peer-to-peer” rental car operators (such as “Turo”) being handled by PBI and other airports?

A27: PBI has a “TNC Permit” available; currently only Uber and Lyft operate under that permit. The fee is $2.50 per pick-up, with no fee for drop-off. Fees are self-reported and remitted monthly, with an annual year-end CPA audit. There has been a decline in parking revenue in recent years which is anecdotally attributed, at least in part, to TNCs. There are no known peer-to-peer operators at PBI. We do communicate with other airports and share information. Turo’s website indicates cars are “available” at PBI, but it appears unlikely that many transactions actually occur at PBI. Department of Airports’ staff does monitor activity, and we ask that any actionable information on non-permitted operators be provided to staff for follow-up.

Q28: Would the Airport consider modifying the “abatement” percentage in Section 5.02, Abatement of Minimum Annual Guarantee, in the Concession Agreement (Exhibit “1” to the IFB) from 75% to 85% if passenger deplanements decrease?

A28: Yes, the Department of Airports will considering modifying Section 5.02 to increase the percentage to 85%.

Q29: Can you provide copies of the ACDBE schedules in a Word format?

A29: Yes, please contact the Contact Person(s) listed in Section 9 of the Special Conditions to receive a copy of the forms in a Word format.

Q30: Per Special Condition 10 on page 7, please confirm that financial forms are only required to be submitted upon request and not part of the bid submission items?

A30: Correct, financial statements or other statements that may confirm a Bidder’s performance record are not required to be submitted with the Bid Response. Items may be requested by the County at a later date.

Q31: Special Condition 10(b) on page 7 references evidence of ownership of the brand; what should be presented to show ownership of a brand?

A31: Ownership of a brand can be demonstrated by providing Articles of Corporation, Fictitious Name, and/or other corporate documentation.

Q32: General Conditions section 3(a) page 4 states that submission will not be allowed on letterhead by the company. Will it be appropriate to utilize company letterhead when submitting “evidence of three (3) year experience” per Special Condition 10(a) on page 7?

A32: Bid Responses must be submitted on the Bid Response Form (Attachment “A”) included in the IFB document. Letterhead may be used when providing evidence of experience as set forth in Special Condition 10(a) on page 7.

Summary of Attachments “A” thru “D” to Amendment No. 1:

Attachment “A” - Sign-in sheet from the Pre-Bid Conference held on May 3, 2018

Attachment “B” - PowerPoint presentation from the Pre-Bid Conference held on May 3, 2018

Attachment “C” – Current ACDBE firms participating in PBI Concession and Rental Car Meet the Prime attendance list

Attachment “D” - Current ACDBE Quarterly Reporting Forms

ATTACHMENT “A”

TO

MAY 3, 2018

PRE-BID CONFERENCE

SIGN-IN SHEET

ATTACHMENT “B”

MAY 3, 2018

PRE-BID CONFERENCE

POWERPOINT PRESENTATION

INVITATION FOR BID # PB 18-7

RENTAL CAR LEASE AND

CONCESSION

AT THE PALM BEACH

INTERNATIONAL AIRPORT

Mandatory Pre-Bid Conference May 3, 2018

Rental Car Concession Opportunity

Palm Beach County is soliciting bids for the award of 7 Rental Car Lease and Concession Agreements.

The Agreement provides for the non-exclusive right to operate and manage a rental car concession at the Airport.

Revenue and passenger data is available in the

Specifications Section of the Invitation for Bid.

Summary of Bid Minimum Requirements

Minimum of 3 years experience in the operation and maintenance of a rental car operation.

Minimum Annual Guarantee for the First Contract Year -

$500,000.

Identification of Brands to be operated from the rental car counter (maximum of 2 Brands).

Documents Required to be Submitted with Bid Bid Response Form (Attachment “A”)

Schedule 3, Demonstration of Good Faith Efforts to

Achieve ACDBE Goal (Attachment “B”)

Drug-Free Workplace Certification (Attachment “C”)

$5,000 Bid Guarantee (Special Condition #15) – in the form of a bid bond or cashier’s check

Evidence of Qualifications (Special Condition #10)

Bid Response Form – Attachment “A”

Bid Response Form - should be completed in its entirety.

The Bid Response form includes a checklist of documents required to be submitted with the bid.

MAG – Enter the MAG for the First Contract Year;

minimum = $500,000.

Brands – List no more than two (2) brands.

Schedule 3 – Attachment “B” Demonstration of Good Faith Efforts to Achieve ACDBE Goal Schedule 3 must be completed. Failure to do so will result in disqualification of your bid.

If 3.19% or greater ACDBE participation is proposed on Schedule 3, the bidder should check the appropriate box and sign the front page.

No additional documentation must be submitted at the time of the Bid, and the remainder of Schedule 3 may be left blank.

If less than 3.19% ACDBE participation is proposed on Schedule 3, Schedule 3 should be completed in its entirety and documentation of Good Faith Efforts must be submitted at the time of the Bid.

If 3.19% or more ACDBE Participation is proposed:

(1) Check the top box;

(2) Enter the percentage

(3) Sign & Date

(4) There is no need to complete the remainder of the form.

Schedule 3 – Attachment “B” (cont’d)

If less than 3.19% ACDBE Participation is proposed:

(1) Check the second box;

(2) Enter the percentage proposed

(3) Sign & Date

(4) The remainder of the form must be completed, demonstrating the Bidder’s good faith efforts to achieve at least 3.19% participation.

Schedule 3 – Attachment “B” (cont’d)

ACDBE Participation - Common Mistakes

Firms must be certified by the Unified Certification Program (UCP) for the State of Florida as an “ACDBE”.

Information regarding ACDBE certification status may be found through the State of Florida’s Florida Department of Transportation Equal Opportunity Office website at:

https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory and selecting “DBE Directory”; or by contacting the Palm Beach County Department of Airports’ AC/DBE Office at (561) 471-7403.

Certification as a SBE/MWBE by any other program SHALL NOT count toward achievement of the ACDBE goal. Certification as an “DBE” SHALL NOT count toward achievement of the ACDBE goal.

Example ACDBE Profile

Good Faith Efforts

Each Bidder is required to demonstrate that it has made good faith efforts to achieve ACDBE participation.

In the event a Bidder proposes less than 3.19% ACDBE participation on Schedule 3, the Bidder is required to submit written, verifiable documentation of its bona fide good faith efforts to achieve the ACDBE goal.

Actions constituting evidence of good faith efforts are described in Appendix A to 49 CFR Part 26. Examples of good faith efforts are also listed on Schedule 3.

Post-Bid Documents Required to be Submitted Prior to Award of Contract Signed Agreement for Rental Car Lease and Concession (3 copies)

Certificate of Authority to Sign the Agreement

Insurance Certificate(s)

Security Deposit – equal to 50% of the INITIAL MAG

Guaranty (required only if a franchisee is relying on a franchisor to satisfy qualification requirements)

Schedule 1 (Exhibit “4”) - List of Proposed ACDBE Firms

Schedule 2 (Exhibit “5”) – Letter of Intent to Perform as an ACDBE Firm

ACDBE Plan Schedule 1, List of Proposed ACDBE Firms (Exhibit “4”) – to be completed by the prime concessionaire.

Schedule 2, Letter of Intent to Perform as an ACDBE firm

(Exhibit “5”) - to be completed by each participating ACDBE firm.

The percentage of ACDBE participation on Schedule 1 must equal the amount proposed on Schedule 3, Demonstration of Good Faith Efforts to Achieve ACDBE goal (Attachment “B”).

Bid Award Process Bid Submission - June 1, 2018, at 3:30 P.M.

Bids will be reviewed for responsiveness.

Recommended awards will be posted. Successful Bidders will be notified in writing.

Meeting to finalize counter locations for Successful Bidders

(“Allocation Meeting”) date TBA.

Execution of contract documents.

Award/Approval of Contract by the Board of County Commissioners.

Term Commences October 1, 2018

Questions The Department will issue an amendment to address questions posed prior to and during the pre-bid meeting. Bidders shall rely only on changes contained in any written amendment to the Invitation for Bid.

Listed below are some questions we have received so far, which we will address further in a written amendment:

Question: Please extend the Bid Submission Date to June 21.

Answer: We will address any extension in a written amendment to follow. The current deadline was determined taking into consideration deadlines for submission of documents to the Board of County Commissioners for approval.

Question: Please confirm that (our existing brand at PBIA) is in good standing, will be considered incumbent and eligible to submit a bid. Regarding Special Condition #10 of the IFB document, items A, B & C - please waive these sections/ requirements for brands that currently operate at

PBIA.

Answer: All existing brands are in good standing, but independent documentation confirming qualification will be required for the new contract term. Bid requirements cannot be waived for incumbent firms.

Question: Please grandfather the reservation counters for successful incumbent bidders.

Answer: Allocation of counter space will not be “grandfathered”.

An “Allocation Meeting” will be held (date TBD) in accordance with Special Condition #12 of the IFB document.

Question: Will the bids be opened and read aloud on the due date? If not, when and how will we obtain the bid results?

Answer: The IFB document will be amended to provide that there will be no public bid opening due to the provisions of Section 119.071(1)(b), Florida Statutes. Recommended awards, including the rank order of each bid, will be publicly posted for review at the Department of Airports offices and available on the website at http://www.pbia.org/Airport/Business/bids.aspx.

Successful bidders will be notified directly.

http://www.pbia.org/Airport/Business/bids.aspx

ACDBE Questions Question: Concerning Schedule 3 – Demonstration Of

Good Faith Efforts (Attachment “3”) – If an incumbent concessionaire is meeting/exceeding the ACDBE participation goal of 3.19% at the time of bid submission, how must this bidder “indicate how they intend to satisfy the requirements of the bid related to ACDBE participation on Schedule 3”? Does Schedule 3 still need to be submitted and/or completed?

Answer: All bidders must complete Schedule 3 and submit with the Bid Response. Bidders proposing 3.19% or greater ACDBE participation need only indicate the proposed percentage and sign the Schedule 3 form. Documentation concerning the ACDBE firm(s) will be provided on Schedule 1 (Exhibit “4”) - List of Proposed ACDBE Firms and Schedule 2 (Exhibit “5”) – Letter of Intent to Perform as an ACDBE Firm. Schedules 1 & 2 must be completed and provided with the signed agreements, following the bid submittal.

Question: Can the airport please clarify that the ACDBE participation is based on gross revenue.

Answer: The ACDBE participation goal of 3.19% is based on gross receipts/revenue. It is not based on purchases of goods and services.

Question: How does the airport determine which bidder has the highest ACDBE participation.

Answer: Bidders are required to indicate their proposed percentage of ACDBE participation on Schedule 3, Demonstration of Good Faith Efforts. The ranking will be determined by the percentage proposed by bidders on Schedule 3; however, the airport will review Schedules 1, List of Proposed ACDBE Firms, and Schedule 2, Letter of Intent to Perform as an ACDBE Firm to ensure consistency with the ACDBE participation percentage proposed on Schedule 3.

Question: May we submit our compliance reports which are accepted at the majority of our corporate airport locations?

The present reporting format is extremely burdensome and time consuming.

Answer: No, the information requested in the compliance reports is necessary for accurate reporting to the FAA. The compliance reports submitted by rental car companies in the past were generally insufficient;

however, the Department will consider reasonable recommendations to streamline the process.

Question: The bidders ACDBE compliance reports cannot be submitted until 15 or 20 days in the month subsequent to the last reporting period. We do not receive our accounts payable data load with finalized numbers until that time.

Answer: Reports are due the 20th day of the month subsequent to the end of each quarter. For instance, if the first quarter ends on December 31, the report would not be due until January 20th.

Question: What does the airport mean that compliance reports must be certified.

Answer: The compliance reporting forms require a certification from the ACDBE firm that it has received payment.

Question: The bidder objects to Section D. “If requested by the Department, the quarterly reports shall include certification of receipt of payment from the ACDBE firms participating in the Agreement, in a form and detail satisfactory to the Department.” What form and detail?

Answer: A copy of the current compliance reporting forms will be provided with Amendment No. 1. The Department reserves the right to modify compliance reporting forms to ensure that the information provided is sufficient for purposes satisfying FAA reporting requirements.

Question: The bidder objects to supplying any contract, subcontracts and/or agreements in their entirety. The specific terms of said agreements contain proprietary and confidential information. Bidder will, upon request and where appropriate, supply a copy of the initial and signature pages.

Answer: 49 CFR §23.25 provides, in part, that the “administrative procedures applicable to contract goals in part 26, §26.51-53, apply with respect to concession-specific goals.” 49 CFR § 26.53 states that an airport sponsor “must require the contractor awarded the contract to make available upon request a copy of all DBE subcontracts.” In addition, 49 CFR §23.29 requires airport sponsor must include a mechanism in its concession program to ensure that work committed by ACDBEs is actually performed by the ACDBEs, which “must include a written certification that [the airport sponsor] has reviewed a record of all contracts….” FAA annual reporting requires contract specific information to be reported regarding ACDBEs.

Question: Regarding Schedule 1, List of Proposed ACDBE firms – what is the reporting period so that the requested percentages can be properly calculated.

Answer: ACDBE participation is reported annually based on the federal fiscal year (October 1 – September 30).

QUESTIONS?

All Bidders are strongly encouraged to submit any written questions as soon as possible.

All questions, comments (i.e., additional information or clarifications) must be made, in writing via e-mail, Fax or U.S. Mail, no later than 3:00 p.m. local time, on Wednesday, May 16, 2018.

ATTACHMENT “C”

CURRENT ACDBE FIRMS PARTICIPATING IN PBI CONCESSION

AND

RENTAL CAR MEET THE PRIME ATTENDANCE LIST

CURRENT ACDBE FIRMS PARTICIPATING IN PBI CONCESSIONS

Jazfam Associates, Inc. 104 Calderwood Road Amsterdam NY 12010 518-843-7243 jazfaminc@jazfam.com

Leslie Saunders Insurance Agency 1535 N. Dale Mabry Hwy., Ste. 101 Lutz FL 33548 813-949-8964 LSAUNDERS@LESLIESAUNDERS.COM USA Transporters Service, Inc. 2911 McCoy Road Orlando FL 32812 954-993-4414 usatransporters@yahoo.com MooreCars, LLC 3800 S. Congress Ave., Ste. 8 Boynton Beach FL 33435 678-472-9114 mmoore2249@gmail.com MD Cleaning & Transport 28 S.E. 8th St. Dania FL 33004 954-325-6783 ADRIANA@MONSTREDOLLARCLEANING.COM

Sister's Towing & Transportation, Inc. 6907 Southern Blvd, Suite C West Palm Beach FL 33413 561-687-0820 lbrochard@sisterstowing.com DES Wholesale LLC 12600 Deefield Parkway, Ste 100 Milton GA 30004 675-828-4302 FDEAGUERO@DIVERSIFIEDENERGYSUPPLY.COM Secured Mobility, LLC 1 Lower Ragsdale Drive, Ste 155 Monterey CA 93940 831-920-7014 MIKE@SECUREDMOBILITY.COM Parr Industries II 500 11th Street Pulaski TN 38478 930-363-5379 SHANNONDOWNS@GMAIL.COM Longhouse Inventory Solution PO BOX 1212 Claremore OK 74018 (918) 342-3127 JAMI@LONGHOUSEINVENTORYSOLUTIONS.COM Angelina's Janitorial Services Corp 2640 South Garden Drive Number 102 Lake Worth FL 33461 (561) 876-3197 LISA.MERRY@COVERALL.COM Core Security Systems, LLC 4851 NW 103 AVENUE Sunrise FL 33351 (305) 879-4521 ADMIN@CORESECURITYSYSTEMS.COM Encompass Onsite LLC 6555 Powerline Road, Ste 305 Fort Lauderdale FL 33309 (877) 750-7767 DEVELOPMENT@ENCOMPASSONSITE.COM Tito Enterprises, LLC 4000 Heath Circle N. West Palm Beach FL 33407 561-723-2700 v_echols@att.net Bryant Retail Consulting, LLC 11 Swinton Garden Drive Delray Beach FL 33444 561-279-0964 sassysnapper@hotmail.com Comfort Zone Spa 1873 Evans Dr. S. Jacksonville FL 32250 904-755-6798 annhill@comfortzonespa.net Tarra Enterprises, Inc. PBIA Building 1000, Ste. 127 West Palm Beach FL 33406 561-379-6537 tarra@tarraenterprises.com Imperial Transportation PBC, Inc. 1025 N. Florida Mango, Ste. 7 West Palm Beach FL 33409 561-689-3663 kyle@imperialtrips.com

Medi-Wheels of the Palm Beachs, Inc. 134 Galieano Street West Palm Beach FL 33411 561-723-6372 mariela1221@aol.com

Chandler & Campbelle Investment Group 310 Vizcaya Drive Palm Beach Gardens FL 33418 404-643-9747 darrell@chandlercampbelle.com Communitel, Inc. 782 NW 42nd Avenue, St. 429 Miami FL 33126 305-888-4212 ppelaez@communitelusa.com

NOTE: This list is being provided for informational purposes only. It is the Bidder's responsibility to check the certification status of all firms prior to bid submission.

mailto:jazfaminc@jazfam.com mailto:usatransporters@yahoo.com mailto:mmoore2249@gmail.com mailto:MIKE@SECUREDMOBILITY.COM mailto:JAMI@LONGHOUSEINVENTORYSOLUTIONS.COM mailto:LISA.MERRY@COVERALL.COM mailto:ADMIN@CORESECURITYSYSTEMS.COM mailto:v_echols@att.net mailto:sassysnapper@hotmail.com mailto:annhill@comfortzonespa.net mailto:tarra@tarraenterprises.com mailto:kyle@imperialtrips.com mailto:mariela1221@aol.com mailto:darrell@chandlercampbelle.com mailto:ppelaez@communitelusa.com

ATTACHMENT “D”

CURRENT ACDBE QUARTERLY REPORTING FORMS

ACDBE Form Instructions Rev. 6-13-16

PALM BEACH COUNTY DEPARTMENT OF AIRPORTS

Airports Business Affairs Division

846 Palm Beach International Airport West Palm Beach, FL 33406-1470

Phone: (561) 471-7403/Fax (561) 471-7427

INSTRUCTIONS FOR COMPLETING

AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE)

QUARTERLY REPORTING FORMS

A. The Airport Disadvantaged Business Enterprise Quarterly Participation Report (Quarterly Report) should be completed as follows:

1. Quarterly Reports must be completed by the Prime Concessionaire/Contractor and are required to be submitted by the 20th day of the month following the end of each quarter. The information received will be compiled and reported to Federal Aviation Administration in accordance with 49 CFR Part 23.

2. Quarterly reports must be completed in their entirety. In order to count toward goal achievement, the listed firms must be certified as Airport Concession Disadvantaged Business Enterprises (ACDBE) by the State of Florida’s Unified Certification Program pursuant to 49 CFR Part 23. Information regarding ACDBE certification status may be found through the State of Florida’s Florida Department of Transportation Equal Opportunity Office website at:

http://www3b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/ or by contacting the Palm Beach County Department of Airports’ Airport’s Business Affairs Office at (561) 471-7403. Certification as a SBE/MWBE by any other program SHALL NOT count toward achievement of the ACDBE goal.

3. In the event the Prime Concessionaire/Contractor has not achieved the ACDBE participation contract goal, the Quarterly Report must be accompanied by a corrective action plan and written documentation evidencing the Prime Concessionaire/Contractor’s good faith efforts to achieve the ACDBE participation contract goal.

4. Quarterly Reports should be submitted to the following address:

ATTN: Deputy Director, Airport Business Affairs http://www3b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/

ACDBE Form Instructions

INSTRUCTIONS FOR COMPLETING

ACDBE QUARTERLY REPORTING FORMS

B. The Airport Concession Disadvantaged Business Enterprise (ACDBE) Quarterly

Certification Report (Certification Report), Attachment “2” should be completed as follows:

1. A Certification Report must be submitted by the Prime Concessionaire/Contractor with each Quarterly Report.

2. Part II of the Certification Report should be completed for ACDBE firms participating in a concession as a sub-lessee, sub-concessionaire or as part of a joint venture.

3. Part III of the Certification Report should be completed for ACDBE firms providing goods and/or services to the Prime Concessionaire/Contractor.

4. The Certification Report must be signed by the ACDBE firm.

5. It is the obligation of the Prime Concessionaire/Contractor to ensure completion of

Certification Reports for each ACDBE firm. Certification Reports are required to be submitted by the 20th day of the month following the end of each quarter by the Prime Concessionaire/Contractor with the Quarterly Report.

ATTACHMENT “1”

ACDBE QUARTERLY PARTICIPATION REPORT

QUARTERLY PARTICIPATION REPORT

(Page 1 of 3)

Fiscal Year: October 1, 20___ - September 30, 20___

Reporting Period: □ 1st Quarter (10/1___ - 12/31/___) □ 2nd Quarter (1/01/___ - 03/31/___)

□ 3rd Quarter (4/1/___ - 06/31/___) □ 4th Quarter (07/01/___- 09/30/___)

ACDBE Participation Contract Goal: ___________%

Reports are required to be submitted by the 20th day of the month following the end of each quarter. The information received will be compiled and reported to FAA in accordance with 49 CFR Part 23.

PART I: CONTACT INFORMATION

Prime Concessionaire:

Address:

Contact Person/E-Mail:

Phone No./Fax No.:

PART II: PRIME CONCESSIONAIRE INFORMATION

GROSS RECEIPTS OF PRIME

Gross Receipts for Reporting Period:

(For this quarter)

Total Gross Receipts to Date :

(For Fiscal Year October 1 – September 30)

PURCHASE OF GOODS AND SERVICES BY PRIME (ACDBE & NON-ACDBE)1

Total Dollar Amount of Purchases of Goods & Services for Reporting Period:

Total Dollar Amount of Purchases of Goods & Services to Date:

(For Fiscal Year October 1 - September 30)

1 Total dollar amount of ACDBE and non-ACDBE purchases in support of your Concession Agreement with the Palm Beach International Airport. This number should not include gross receipts to sub-concessionaires or joint venture partners. It should be limited to purchases of goods and services from ACDBE and non-ACDBE vendors/service providers.

QUARTERLY PARTICIPATION REPORT

(Page 2 of 3)

PURCHASE OF GOODS AND SERVICES BY PRIME (ACDBE & NON-ACDBE)

Total Number of Good & Service Providers to Date:

SUB-CONCESSIONS (ACDBE & NON-ACDBE)2

Total Sub-concession Gross Receipts for Reporting Period:

Total Sub-concession Gross Receipts to Date:

Total Number of Sub-concessions to Date:

Part III: ACDBE PARTICIPATION INFORMATION

In order to count toward goal achievement, the listed firms must be certified as Airport Concession Disadvantaged Business Enterprises (ACDBE) by the State of Florida’s Unified Certification Program.

ACDBE Firm Name Address & Phone No.

ACDBE

Participation for this Reporting Period in Dollars3

Total ACDBE to Date in Dollars (For Fiscal Year – Oct. 1 – Sept. 30)

Nature of Relationship with

ACDBE Firm

Race/Gender of

Disadvantaged Owner with

Largest Ownership

Interest

Name:___________________

Address:_________________

Phone No:_______________

□ Joint Venture

□ Subcontractor

□ Service Provider

□ Sub-Lessee

□ Sub-concessionaire

□ Manufacturer

□ Supplier

□ Black

□ Hispanic

□ Asian-Pacific

□ Asian Indian

□ Non-Minority Women

□ Other

□ Service Provider

□ Sub-Lessee

□ Sub-concessionaire

□ Asian-Pacific

□ Asian Indian

□ Non-Minority

2 Total ACDBE and non-ACDBE sub-concessionaires utilized in support your Concession Agreement with the Palm Beach International Airport. A sub-concessionaire is a firm that has a sublease or other agreement with the Prime Concessionaire to operate a Concession at the Palm Beach International Airport.

3 Include all payments or gross receipts to ACDBE firms.

QUARTERLY PARTICIPATION REPORT

(Page 3 of 3)

Part III: ACDBE PARTICIPATION INFORMATION

ACDBE Firm Name

Address & Phone No.

ACDBE

for this Reporting Period in Dollars4

Total ACDBE to Date in Dollars (For Fiscal Year – Oct. 1 – Sept. 30)

Nature of Relationship with

ACDBE Firm

Race/Gender of

Disadvantaged Owner with

Largest Ownership

Interest

□ Service Provider

□ Sub-Lessee

□ Sub-concessionaire

□ Asian-Pacific

□ Asian Indian

□ Non-Minority

□ Service Provider

□ Sub-Lessee

□ Sub-concessionaire

□ Asian-Pacific

□ Asian Indian

□ Non-Minority

I hereby certify that the information contained in this report is true and correct:

Signature of Authorized Representative

Print Name/Title

Date

In the event the Prime Concessionaire has not achieved the ACDBE participation contract goal, this report must be accompanied by a corrective action plan and written documentation evidencing the Prime Concessionaire’s good faith efforts to achieve the ACDBE participation contract goal.

4 Include all payments or gross receipts to ACDBE firms.

ATTACHMENT “2”

ACDBE QUARTERLY CERTIFICATION REPORT

QUARTERLY CERTIFICATION REPORT

(Page 1 of 2)

Prime Concessionaire’s Name: __________________________________________________________

Fiscal Year: October 1, 20___ - September 30, 20___

Reporting Period: □ 1st Quarter (10/1___ - 12/31/___) □ 2nd Quarter (1/01/___ - 03/31/___)

□ 3rd Quarter (4/1/___ - 06/31/___) □ 4th Quarter (07/01/___- 09/30/___)

Reports are required to be submitted by the 20th day of the month following the end of each quarter. The information received will be compiled and reported to FAA in accordance with 49 CFR Part 23. The undersigned firm must be certified by the State of Florida’s Unified Certification Program as an Airport Concession Disadvantaged Business Enterprise (ACDBE).

PART I: ACDBE CONTACT INFORMATION

ACDBE Firm Name:

Address:

Contact Person/E-Mail:

Phone No./Fax No.:

Disadvantaged Owner with Largest

Ownership Interest (check applicable box)

□ Black □ Hispanic □ Asian-Pacific □ Asian Indian □ Non-Minority Women □ Other

Nature of Relationship with Prime

Concessionaire (check applicable box)

□ Joint Venture □ Subcontractor/Service Provider □ Sub-Lessee/Sub-Concessionaire

□ Manufacturer □ Supplier

PART II: Sub-Lessee/Sub-Concessionaire/Joint Venture

ACDBE firms acting as sub-lessees or sub-concessionaires should complete this Part II. If your firm supplies goods or services, complete Part III below.

Gross Receipts for Reporting Period:

Gross Receipts to Date :

QUARTERLY CERTIFICATION REPORT

(Page 2 of 2)

PART III: Goods & Services

ACDBE firms providing goods and services to the Prime should complete this Part III. If your firm is a sub-lessee or sub-concessionaire, complete Part II above.

Payments for Goods & Service for Reporting Period:

Payments for Goods & Services to Date :

I hereby certify that the information contained in this report is true and correct:

Signature of Authorized Representative of ACDBE Firm

Print Name/Title

Date

END OF ATTACHMENTS TO AMENDMENT NO. 1