Food and Beverage RFP Savannah.pdf

GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY

REQUEST FOR PROPOSALS (RFP)

For the:

FOOD AND BEVERAGE OPERATING AGREEMENT

SAVANNAH CONVENTION CENTER

ONE INTERNATIONAL DRIVE

SAVANNAH, GEORGIA 31421

RFP NO.102225EC

Geo. L. Smith II Georgia World Congress Center Authority

REQUEST FOR PROPOSALS

RFP NO. 102225EC

Food And Beverage Operating Agreement

Savannah Convention Center

I. GENERAL INFORMATION

A. PROCUREMENT OVERVIEW

The Geo. L. Smith II Georgia World Congress Center Authority (“GWCCA” or the “Authority”) seeks proposals and qualifications from professional firms to provide food and beverage management services for the Savannah Convention Center on the campus located at One International Drive, Savannah Georgia (the “Campus”), and in providing comprehensive food and beverage management services for the operation of such facilities and such other food and beverage operations on the Campus as may be identified by the Authority.

The GWCCA manages the operation of the Savannah Convention Center in Savannah, Georgia, under contract to the Savannah-Georgia Convention Center Authority (SGCCA), also a public instrumentality of the State of Georgia. The GWCCA operates the Savannah Convention Center for a public purpose to benefit the people of the State of Georgia.

This is not the lowest-responsive bid procurement, and the Authority is not required to select the firm that will provide services for the lowest compensation.

In issuing this RFP, it is the intent of the Authority that one finalist firm whose proposal is determined through the evaluation process described herein to be especially desirable will be selected to enter into discussions with the Authority for the services described herein. However, all proposals received that are fully responsive to this RFP may be eligible for further consideration at the Authority’s discretion.

All respondents to this RFP and their team members are subject to the instructions outlined in this document and are advised to review the entire RFP carefully and thoroughly, following the instructions to the best of their ability.

The Authority reserves the right to reject any or all statements of qualifications or subsequent submittals and/or proposals, and to waive technicalities, irregularities, and informalities. The Authority reserves the right to cancel, stay, or otherwise cease to prosecute this procurement at any time without selecting a respondent to provide the described services, without any liability to any respondents or any other person or entity. The Authority is under no obligation to make an award relating to this RFP to any respondent. Any agreement to be executed for the services contemplated by this procurement must conform to the terms and conditions of all other agreements to which the Authority is a party and to all other antecedent or otherwise paramount legal duties of the Authority. Any agreement to be executed for the services contemplated by this procurement shall be subject also to applicable law.

B. COMMUNICATION RESTRICTION

A RESTRICTION OF COMMUNICATION IS IN EFFECT FOR THIS PROCUREMENT. From the time of advertisement of this RFP until final award is made to a successful respondent and such award is announced, respondents and would-be respondents may not communicate about this procurement with any employees, officers, or other representatives of the GWCCA or the SGCCA except for submission of questions as instructed in these documents, or as provided by any pre-existing agreement(s). Finalists and Apparent Awardee(s) are prohibited from making press releases or other public statements about their selection as finalists or their apparent award. In case of any violations of this restriction, the Authority reserves the right to disqualify the respondent and/or reject the submittal of the offending respondent.

C. PROJECT INFORMATION

1. Authority & Savannah Convention Center Information

The Authority is a public corporation and instrumentality of the State of Georgia created under the authority of Chapter 9 of Title 10 of the Official Code of Georgia Annotated. It operates facilities to promote economic benefit to the citizens of the State of Georgia. The Savannah Convention Center is a 660,000 sq. ft. waterfront complex on the Savannah River featuring 200,000 sq. ft. of divisible exhibit space, 27 meeting rooms, 5 executive board rooms, 40,000 sq. ft. ballroom in addition to the existing 25,000 sq. ft. ballroom, 367-seat auditorium, and 1,500 parking spaces onsite, including a new 900-space parking garage. The building also features 3 new dining outlets and Zoom rooms.

Located on Hutchinson Island, the Savannah Convention Center has complimentary access via the Savannah Belles Water Ferry to the world-renowned historic district. The Savannah Convention Center is adjacent to the Westin Savannah Harbor Golf Resort & Spa. The historic district features the Hyatt Regency, Savannah Marriott Riverfront, and Hilton Savannah DeSoto, along with numerous other eclectic and unique lodging options for conference attendees.

2. Project Goals

For the term of the Agreement, the Authority seeks to engage a qualified, full-service food and beverage provider to manage, operate, and enhance the catering and retail food and beverage operations at the Savannah Convention Center. The selected firm will be expected to identify and implement opportunities to generate additional revenue, support initiatives to attract major conventions and private events, and effectively scale operations to meet the demands of a diverse range of events hosted at the Center. Since its opening in 2000, the Center’s food and beverage operations have benefited from consistent leadership at both the Executive Chef and Director of Food and Beverage levels. Accordingly, the selected provider must demonstrate a strong understanding of the Center’s significance to the community and recognize that maintaining consistency and continuity within the on-site management team will be critical to long-term success.

3. Event Composition and Attendance Levels

FY2023 (July 2022- June 2023)

FY2024 (July 2023- June 2024)

FY2025 (July 2024- June 2025)

Event Type Attendance

Banquet 18,139 Consumer 66,527

Convention 21,098 Meeting 7,900

Special Event 7,744 Sporting 67,608

Tradeshow 6,801

Total FY2023 195,817

Event Type Attendance

Banquet 16,658 Consumer 47,241

Convention 61,349 Meeting 11,018

Special Event 12,607 Sporting 42,379

Tradeshow 7,168

Total FY2024 198,420

Event Type Attendance

Banquet 20,230 Consumer 57,615

Convention 31,694 Meeting 5,024

Special Event 18,131 Sporting 50,929

Tradeshow 19,208

Total FY2025 202,831

4. Revenue Composition

FY2023 (July 2022- June 2023)

FY2024 (July 2023- June 2024)

FY2025 (July 2024- June 2025)

Catering Revenue ($) Concessions Revenue ($)

Catering Alcohol 310,077 Concessions Alcohol 156,024 Catering Other 139,226 Other | Retail 18,366 Catering F&B 3,812,801 Concession F&B 534,364 Service Charge 989,532

Catering Total $ 5,251,636 Concessions Total $ 708,754

Total Revenue FY2023 $ 5,960,360

Catering Alcohol 475,460 Concessions Alcohol 90,673 Catering Other 291,408 Other | Retail 59,904 Catering F&B 7,275,258 Concession F&B 634,690 Service Charge 1,869,064

Catering Total $ 9,911,190 Concessions Total $ 785,267

Total Revenue FY2024 $ 10,696,457

Catering Alcohol 261,215 Concessions Alcohol 162,869 Catering Other 209,863 Other | Retail 59,845 Catering F&B 4,522,317 Concession F&B 773,095 Service Charge 1,161,083

Catering Total $ 6,154,479 Concessions Total $ 995,809

Total Revenue FY2025 $7,150,288

Catering Other includes various labor-related fees, such as bartender fees, the surcharge for groups of fewer than 25 people, cashiers, and carvers. This category is used for any catering-related fees that are not subject to a service charge.

Concessions Other | Retail includes revenue shared with Coke from a C-Store functioning as a self-service market.

4. RFP Timeline

3. Additional Conditions

GWCCA enters into various agreements for campus venue operations and coordinates with partners and other entities to optimize resources, ensure successful event management, promote facility marketing, and generate revenue. Any development on the campus must ultimately be consistent with and complement all existing agreements and relationships and generally must not hinder GWCCA in honoring such contracts and/or responding to future changes in facility needs, community needs, and market demands.

II. SCOPE OF SERVICES

A. DESCRIPTION OF SERVICES OF THE FOOD SERVICE PROVIDER

Note - The Authority considers the services which are envisioned and generally described herein to be necessary. Respondents shall assume them to be mandatory. The actual, final scope of services, however, may differ and may be greater or lesser; it shall be determined before the execution of an agreement with a successful provider following the RFP process. The relationship between t h e Contractor a n d the Authority is envisioned to be that of an independent contractor. It is recognized that the Contractor’s “team” may be a joint venture, partnership, or other teaming arrangement made up of multiple subject matter specialists (such as a food and beverage services manager, branded and/or unbranded food and beverage services operators, financing partner(s), and others).

EVENT DATE

Request for Proposal Released Wednesday, October 22, 2025

Confirm Attendance to Pre-Bid Wednesday, October 29, 2025

Onsite Pre-Bid Meeting Wednesday, November 5, 2025 (1:30 pm EST)

RFP Questions Due Monday, November 10, 2025 (4:00 pm EST)

Responses to Questions Monday, November 17, 2025

RFP Responses Due Friday, November 21, 2025 (3:00 pm EST)

Short List & Schedule Presentations Friday, December 5, 2025

Provider Presentation Week of December 15, 2025

Best & Final Offers Week of January 5, 2026

F&B Provider Selected and Notified Week of January 12, 2026

F&B Provider Transition February 1, 2026

B. FOOD AND BEVERAGE OPERATIONS AT SAVANNAH CONVENTION CENTER (SCC)

The Food Service Provider shall be responsible for the complete management, operation, and strategic development of food and beverage services at the Savannah Convention Center (“SCC”). This includes ensuring exceptional guest experiences, operational efficiency, financial performance, and alignment with SCC’s broader goals. The Food Service Provider’s responsibilities shall include, but are not limited to, the following:

1. General Food and Beverage Operations

- Provide catering services for meetings, banquets, and special functions.

- Provide compelling, well-curated retail F&B concepts that reflect both local Savannah flavor and broader guest expectations.

- Prioritize creativity, operational efficiency, and revenue generation in all retail food and beverage offerings.

- Operate all retail food and beverage services, including the licensed sale and/or dispensing of alcoholic beverages.

- Manage pantry areas, food production facilities, and inventory storage systems.

- Operate fixed and mobile concessions, markets, restaurants, cafés, lounges, and mobile food & beverage concepts.

2. Financial Performance and Business Growth

- Maintain or exceed historical healthy margins with no regression in financial performance.

- Drive top-line revenue growth through strategic upselling, innovative menu development, and premium offerings, not solely through price increases on staple items.

- Develop and execute a Sales and Marketing Program for catering and concessions, subject to

SCC’s prior written approval for all public-facing materials.

3. Innovation and Vision

- Align with SCC’s vision to become a world-leading convention center, bringing forward-thinking strategies and service innovation.

- Contribute fresh ideas, creative energy, and dynamic approaches that enhance service delivery and elevate the guest experience.

- Serve as a strategic partner in innovation and revenue generation initiatives.

4. Receiving, Storage, and Distribution

- Receive all food, beverages, supplies, and equipment at SCC’s designated food receiving area.

- Coordinate shared use of the SCC loading dock with SCC and other approved entities.

- Schedule all deliveries to avoid conflicts with event move-in or move-out activities.

- Transfer goods to the appropriate kitchen, storage, or service areas within SCC.

5. Event Set-Up and Tear-Down Responsibilities

- Unless otherwise directed by SCC, the Provider shall:

Provide all table coverings, draping, and decorations for food service areas (e.g., balloons, floral arrangements, table numbers).

Remove all service ware, linens, and décor upon completion of service.

- SCC will remain responsible for setting up and breaking down tables and chairs, except for those specifically required for the Provider’s service or staging.

6. Community Engagement and Growth Mindset

- Balance the needs of long-standing local clientele with the evolving expectations of new and future SCC guests.

- Enhance SCC’s role as a positive force in the local community, showcasing local culinary culture while driving progress and innovation.

- Reflect the cultural values and unique identity of Savannah in service design and execution.

9. Scalability and Operational Excellence

- Demonstrate a clear, proven ability to scale culinary and front-line operations to meet the demands of large-scale events.

- Ensure consistent quality and exceptional service regardless of event size, guest count, or complexity.

- Provide adequate staffing and flexibility to meet tight event timelines and last-minute changes as necessary.

10. Leadership and Talent

- Provide a highly capable and experienced General Manager and Executive Chef to lead the food and beverage operation.

- Ensure that the leadership team both respects and understands the local Savannah culture, while driving continuous improvement and elevating the guest experience.

- Foster a culture of excellence, hospitality, and staff development.

11. Health, Safety, and Regulatory Compliance

- Schedule and complete semi-annual inspections as required by the local Board of Health, and forward copies of inspection results to SCC.

- Ensure full compliance with all applicable OSHA and ADA regulations, and any other relevant federal, state, or local health and safety standards.

The Authority will designate which facilities the Provider shall service in the performance of the responsibilities outlined in the operating agreement. These specifications will become part of the Agreement and will be binding upon the parties thereto.

III. EVALUATION AND SELECTION PROCESS

A. OVERVIEW

The Authority has the following appropriate resources for continued assistance in carrying out this process:

1. Project Procurement Director The Authority shall assign this individual and will be responsible to the Authority. This individual shall be the Issuing Officer of the solicitation and shall facilitate this procurement process, including posting of solicitations and notices, receipt of submittals and questions, coordination of review, evaluation, ranking recommendation, facilitation of any meetings and interviews, and other duties up to, and throughout selection, and assistance with negotiation and prospective execution of the appropriate agreement(s).

2. Selection Committee

This Committee shall be composed of qualified persons approved by the Authority to review and evaluate respondents’ proposals and may also conduct interviews with qualified finalist firms. This Committee shall retain the ability to utilize qualified persons and other resources for advisement as the Committee deems necessary.

B. METHOD OF COMMUNICATION

Public procurement documents, including attachments and associated addenda (if issued), will be publicly posted on the Georgia Procurement Registry (“GPR”) at the following web address (and may be directly downloaded using Adobe Acrobat Reader): http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp. General communication of relevant, significant information regarding this solicitation will also be made via the GPR. All prospective respondents are responsible for checking the GPR regularly for updates, clarifications, and announcements. The Authority reserves the right to communicate via electronic mail with the respondents’ primary contacts listed in the original Statements of Qualifications. The Project Procurement Director named herein shall be the SOLE point of contact for participating firms for the duration of the procurement. Other specific communications will be made as indicated in this RFP.

In accordance with Section I-B above, the Authority reserves the right to reject the submittal of any respondent violating this provision.

C. SUBMITTAL CONDITIONS

Questions about any aspect of the RFP shall be submitted before the appropriate deadlines indicated in the RFP Timeline, and shall be submitted in writing to:

Erle Coleman Director of Supply Chain Management

Georgia World Congress Center Authority e-mail: ecoleman@gwcc.com

The deadlines for submission of questions relating to the RFP are the times and dates shown in the (RFP Timeline). At any time before the submission date, the Authority may issue an RFP addendum to clarify http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp mailto:ecoleman@gwcc.com any part of this RFP further, amend this RFP, or issue instructions or further information. Each such addendum will be posted and/or distributed to all respondents. Additionally, the Authority may adjust any timelines related to the project referenced herein or any other project.

D. EVALUATION OF PROPOSALS AND INTERVIEWS

The Selection Committee will evaluate all submittals upon submittal validation by the Project Procurement Director, which shall include verification of receipt on time and in good order (apparent responsiveness) and verification of receipt of requested Exhibits (if applicable). Each Selection Committee member/evaluator shall consider the criteria identified in Section E. Under the facilitation and coordination of the Project Procurement Director, the members will thoroughly review and evaluate the Proposals submitted in response to this RFP, using the criteria outlined herein. The Authority will require a comprehensive presentation and interview of submitting firms, the evaluation of which shall augment the proposal evaluation. (More information and instructions will be provided to finalists for the interviews well before interview dates.) It is the intent of the Authority that one finalist firm whose proposal is determined through the evaluation process described herein to be especially desirable will be selected to enter into discussions with the Authority for the services described herein. However, one or more proposals received from finalist firms that are fully responsive to this RFP may be eligible for further consideration by the Authority.

E. EVALUATION CRITERIA

The selection committee will evaluate all proposals based on the criteria outlined below, without assigning specific weights to any individual criterion. The Georgia World Congress Center Authority (GWCCA) reserves the right to select a provider at its sole discretion, regardless of how proposals may align with the stated evaluation criteria.

Innovation & Vision

- Align with our ambitious goals to innovate service delivery and drive revenue growth.

- Share in our ambition to become the best convention center in the world.

- Bring fresh ideas, energy, and forward-thinking approaches to elevate the guest experience.

Community Engagement with Growth Mindset

- Balance serving long-time local clientele with evolving to meet the expectations of new and future guests.

- Enhance the venue’s reputation as a positive force in the local community.

Scalability & Operational Excellence

- Demonstrate a clear, proven plan to scale both culinary and front-line staffing for large-scale events.

- Ensure consistent quality and service regardless of event size or complexity.

Leadership & Talent

- Provide a highly competent General Manager and Executive Chef.

- The leadership team must respect and understand the local culture while also driving innovation and elevating guest experiences.

Retail Outlet Programming

- Deliver compelling, well-curated retail F&B concepts that reflect both local flavor and broader guest expectations.

- Prioritize creativity, operational efficiency, and revenue generation in retail outlets.

Financial Performance

- Maintain or exceed historical healthy margins with no regression.

- Drive top-line growth through strategic upselling and premium offerings, rather than relying solely on price increases for staples.

F. APPARENT AWARD AND FINAL AWARD

After evaluation, if a firm is selected as the apparent awardee, the names of the firm will be posted on the Georgia Procurement Registry, and all finalists will receive direct notification from the Project Procurement Director of the firm’s selection. The Authority will then schedule and conduct discussions with the apparent awardee firm to pursue a prospective agreement(s) suitable to both the Authority and the Contractor, which may require additional submittals from the apparent awardee. Only the full execution of agreement(s) for the services described herein will constitute a final award.

IV. SUBMITTAL OF RFP

All proposals should be sent electronically and in PDF format to

Erle Coleman Director of Supply Chain Management

Georgia World Congress Center Authority e-mail: ecoleman@gwcc.com

All Proposals must be submitted no later than 3:00 PM EST on Friday, November 21, 2025, and proposers are requested to enable a read receipt to confirm successful delivery and receipt of the submission.

Emphasis must be p l aced on the completeness, relevance, and clarity of t h e content. Responses are limited to 80 single-sided pages. NOTE: All pages shall be included in the page limit EXCEPT for the front cover, table of contents, tab dividers, organization chart, Exhibit I, Exhibit II, Exhibit III, and Exhibit IV.

No submittals will be accepted after the time and date set for receipt. All RFP submittals shall be considered proposals, and all submittals upon receipt become the property of the Authority. Labeling information provided in submittals “proprietary” or “confidential”, or any other designation of restricted use, will not be binding upon the Authority or its representatives and will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until the final award is made. All expenses for preparing and submitting responses are the sole cost of the party submitting the response. The Authority is not obligated to reimburse any party for such expenses.

mailto:ecoleman@gwcc.com

V. DELIVERABLES FOR PROPOSALS

Proposals must include specific signed and notarized Exhibits, which are provided herein, as follows:

a. Exhibit I – Proposal Certification Form

b. Exhibit II – Georgia Security and Immigration Compliance Act Affidavit

c. Exhibit III- Non-Discrimination Certification

The Proposals must be submitted in accordance with the instructions provided in Section IV, must be categorized and numbered as outlined below, and must be responsive to all requested information below:

A. COVER LETTER

The cover letter should include the following:

1. Introduction of the firm

2. Expressing Interest in the Opportunity

3. Brief Summary of your firm’s Qualifications

4. Contact Information

5. Signature of Authorized Representative

B. FIRM INFORMATION

1. Provide basic company information: company name, address, name of primary proposing contact, telephone number, fax number, e-mail address, and company website(s) (if available). If the firm has multiple offices, the qualification statement must include information about the parent company and the branch office separately. Identify the office from which the project will be managed. Provide form of ownership, including state of residency or incorporation, and number of years in business. Is the respondent a sole proprietorship, partnership, corporation, limited liability corporation, or other structure?

2. Briefly describe the history and growth of your firm(s). Provide general information about the firm's leadership team, personnel resources (including disciplines and numbers of employees), and locations and staffing of offices.

3. Has the firm or any affiliate been a party to any litigation, arbitration, mediation, or other dispute resolution proceeding within the last ten (10) years involving an amount in dispute in excess of $100,000.00? Also, identify and describe any criminal prosecutions or investigations and any regulatory investigations during that time period.

4. Provide a Statement of Disclosure, which will allow the Authority to evaluate possible conflicts of interest. Respondents must provide a statement of all conflicts of interest and potential conflicts of interest in respect of respondents and their presumptive teams. Respondents should provide detailed descriptions of such disputes and potential conflicts.

5. Provide the name of insurance carrier(s), types and levels of coverage, and deductible amounts per claim.

6. List the submitting firm’s annual average revenue for the past five (5) years. Provide a financial statement or Dun & Bradstreet (“D&B”) report indicating the Respondent’s current Net Worth, D&B rating, and working capital position. Supply banking references of the submitting firm.

7. Has the firm ever been debarred from contracting with any federal, state, or local government, or removed from a contract, or failed to complete a contract as assigned? If yes, describe in detail.

C. TABLE OF CONTENTS

- To provide easy navigation to the major sections

D. EXECUTIVE SUMMARY

1. Provide an overview of your proposal.

2. Key value propositions

3. Summary of your operational and financial approach

E. EXPERIENCE AND REFERENCES

Please provide a minimum of four (4) references for comparable facilities to the Savannah Convention Center. Each reference should include:

1. A brief description of the facility, including size, type, and primary function(s)

2. Total Food & Beverage (F&B) revenue for the most recent fiscal year

3. Contact information for the facility manager, contract administrator, or owner (as applicable), who can serve as a reference

These references should demonstrate your organization's experience managing similar convention, event, or exhibition venues, with an emphasis on food and beverage operations and overall facility performance.

F. OPERATIONAL PLAN

Provide an overview of the following areas to present your firm’s vision for how SCC would operate under your leadership as the selected food service provider.

1. What is your proposed service model for SCC, including your approach to quick service, sit-down dining, mobile carts, kiosks, pop-ups, and catering, and how will it support the diverse needs of events and guests at the convention center? Please provide examples of each.

2. What is your staffing plan, including your approach to management, front-line employees, and seasonal staffing, to ensure consistent service across all event types Please include a separate salaried organization chart.

- Please provide resumes of at least two (2) general managers and one (1) Executive Chef who would be assigned, full-time, to the Savannah Convention Center under this agreement.

3. Please describe your firm’s approach to employee training and the implementation of food safety protocols, including how you ensure compliance with local, state, and federal regulations.

4. What are your firm’s practices regarding local sourcing and sustainability, and how do you incorporate these principles into your food service operations?

5. What are your equipment needs for SCC operations? What improvements or upgrades do you propose to enhance efficiency and service quality, and how will these investments help generate additional revenue?

6. Please provide details on your firm’s approach to managing costs, including expected ranges for food, beverage, labor, direct, and indirect expenses. Additionally, explain what differentiates your firm from competitors in effectively controlling costs while maximizing revenue generation.

Provide some examples of how your firm applied this to other facilities.

7. Provide an overview of your transition strategy for taking over the food and beverage operations at SCC, including steps to ensure continuity of service and staff engagement. Within your overview, please provide key milestones, responsibilities, and communication strategies.

G. MARKETING AND BRANDING STRATEGY

1. What marketing strategies and initiatives does your firm propose to promote the food and beverage offerings at SCC, and how will you collaborate with the venue and event organizers to drive awareness and increase sales?

2 . How does your firm plan to enhance the guest experience?

3. Please describe any co-branding or partnerships with local vendors, as well as your approach to supporting and promoting events or conferences.

H. MENUS AND PRICING

1. Provide sample menus with pricing for catering and retail (concessions).

2. Define your firm’s customization capabilities for menu development.

3. Please provide a proposed beverage menu with package pricing for various beverage services.

4. Please define your firm's current service or gratuity charge. Would the service staff receive any portion of the service or gratuity charge?

I. FINANCIAL PROPOSAL

Capital - The Georgia World Congress Center Authority (GWCCA) is not currently seeking an initial capital investment as part of this solicitation. However, the Authority remains open to reviewing any proposed capital improvements that may enhance guest experience, operational efficiency, or align with long-term facility goals. Additionally, the Authority will consider the use of capital investment toward transition and start-up costs, where such investments provide clear value and support a seamless commencement of services.

Term - GWCCA is seeking a proposal with a 3-year term with a 2-year option.

Financial Deal Structure - GWCCA prefers a hybrid financial structure that contains the following components.

1. A fixed percentage (%) of Gross Receipts going back to GWCCA, along with;

2. A Profit Share of Net Profits, with both parties receiving a percentage (%), along with;

3. A KPI Performance Incentive that would include an additional financial incentive to the food service provider for providing exceptional levels of performance.

VI. RFP CONDITIONS

1. Respondents understand and agree that the Authority has the right to reject any submittals or to cancel the RFP process at any time without any liability to the Authority or any other person, and is under no obligation to make an award relating to this RFP to any person or entity. Additionally, the Authority reserves the right to evaluate only those submittals that are fully responsive to the RFP. All such decisions are ultimately to be made in the sole discretion of the Authority, for any reason or for no reason whatsoever, and the Authority is under no obligation to assign any reason for the rejection, non-review or non-acceptance of any submittal. Under no circumstances shall this RFP be construed as a contractual offer.

2. Respondents understand and agree that the Authority may, in its sole discretion, request proposals from, and subsequently enter into an agreement with, any entity selected in this process, including any entity that has previously worked with the Authority in any capacity. Furthermore, Respondents shall not hold the Authority, other Parties, their respective affiliates and/or any of their respective employees, representatives, agents, attorneys, advisors or consultants liable for any reason whatsoever related to this RFP and respondents hereby waive all such claims.

3. Respondents may make no modification, correction or withdrawal of their submissions after the submission date. By submitting its submission, each respondent represents that: (i) it has read and understands this RFP, (ii) its submission complies with the requirements of this RFP, (iii) respondent has the necessary corporate authority to submit its Proposal.

4. All information supplied in this RFP or by the parties or anyone acting on behalf of the parties to each respondent is provided solely as a convenience to facilitate the selection process. The parties do not guarantee the accuracy or completeness of any such information supplied. In addition, respondent shall not rely on any express or implied statements, warranties or representations made by the Parties or anyone acting on their behalf. Respondent agrees that the parties and their affiliates and their employees, representatives, agents, advisors or consultants cannot be held liable for any such statements, warranties or representations or inaccuracies or incompleteness in any information provided.

5. Small and Minority Business Enterprise

It is the policy of the State of Georgia that small businesses, female-owned businesses and minority businesses have a fair and equal opportunity to participate in the State purchasing process.

Therefore, the contractor and the Authority encourages all small businesses, female-owned businesses and minority-owned businesses to compete for, win, and receive contracts for goods, services, and construction. This desire on the part of the contractor and the Authority is not intended to restrict or limit competitive bidding or to increase the cost of the work. The contractor and the Authority support a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development. The Georgia Department of Administrative Services maintains an office to assist small businesses, female-owned businesses and minority businesses in understanding the State procurement process. In addition to contacting the Authority Purchasing Department, all businesses, female-owned businesses and minority businesses can also contact the Governor’s Small Business Center at the following address for assistance:

The Governor's Small Business Center 75 5th Street, N.W., Suite 825 Atlanta, Georgia 30308 Telephone: (404) 962-4824

All Respondents should be aware that contractors and subcontractors who utilize qualified minority subcontractors may qualify for a Georgia state income tax credits for qualified payments made to minority subcontractors. See O.C.G.A. § 48-7-38.

6. Drug Free Workplace

The Authority, as policy, operates all facilities as a drug-free workplace, and requires that the labor force of the consultant be drug-free. The consultant hereby acknowledges this requirement, and asserts that the organization of the consultant adheres to such policy and practice. The consultant acknowledges that it may be required to produce certificates affirming its compliance of these requirements of drug-free workplace for duration of agreement term, at execution, or at any time during the term of the agreement. The consultant shall secure from any sub-consultant hired to work in a drug-free workplace the following written certification: "As a part of the subcontracting agreement with (consultant's name, sub-consultant's name) certifies to the consultant that a drug-free workplace will be provided for the sub-consultant's employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50-24-3." The consultant may be suspended, terminated, or debarred if it is determined that: 1. The consultant has made false certification hereinabove; or 2. The consultant has violated such certification by failure to carry out the requirements of Official Code of Georgia Section 50-24-3.

7. Non-Discrimination

The Authority shall require, prior to, or incidental to, the award of a contract, confirmation by the respondent stating that the respondent has not discriminated and will not discriminate on the basis of race, creed, color, sex, religion or national origin in any of its employment practices with respect to the work force of the business, or procurement services in connection with this project. The successful respondent will be required to execute certificates, affirming these requirements of non-discrimination. More information is provided herein (See Exhibit III).

8. Vendor Protests

The Authority has established policy and procedures for processing protests from vendors, bidders or proposers regarding the bidding solicitation process and/or award of contracts related to any organizational entity of the Authority. More information on the policy and procedures can be obtained by contacting the GWCCA Purchasing Department. Bidders/Proposers are hereby cautioned that the policy dictates the following requirements of the Bidder/Proposer:

a. An actual bidder/proposer who is aggrieved regarding the award of a contract must file a written protest in accordance with this policy no later than ten (10) calendar days following the award.

b. A vendor who is aggrieved regarding a solicitation must file a written protest in accordance with this policy no later than two (2) business days prior to submittal deadline.