IFB PB-22-3 Amendment 1.pdf

Board of County Commissioners County Administrator

Robert S. Weinroth, Mayor Verdenia C. Baker Greg K. Weiss, Vice Mayor Maria G. Marino Dave Kerner Maria Sachs Melissa McKinlay Department of Airports Mack Bernard www.pbia.org

AMENDMENT NO. 1

INVITATION FOR BID # PB 22-9

RENTAL CAR LEASE AND CONCESSION AT THE

PALM BEACH INTERNATIONAL AIRPORT

Date Issued: July 22, 2022

This Amendment No. 1 to Bid No. PB 22-9, Rental Car Lease and Concession at the Palm Beach International Airport (the “IFB”) is issued to provide additional information and clarification to the IFB.

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

1. The sign-in sheet from the July 21, 2022, Pre-Bid Conference is provided as Attachment “A” to this

Amendment No. 1.

2. The sign-in sheet for in-person attendees at the July 21, 2022, ACDBE Conference and a roster of pre-registered ACDBE-provider attendees, are provided as Attachment “B” to this Amendment No. 1.

3. The PowerPoint slides presented at the Pre-Bid Conference are provided as Attachment “C” to this

Amendment No. 1.

4. Interested parties with questions pertaining to Airport Concession Disadvantaged Business Enterprise (“ACDBE”) participation, including: examples of how ACDBE participation may be achieved; how to locate ACDBE-certified firms; or how to complete ACDBE forms, should contact the Contact Person(s) for this IFB directly.

5. Questions were asked at the Pre-Bid Conference, including the following:

Q1: Will the Airport allow a concessionaire to operate from a temporary location in the

Terminal if the “Additional Counter” is constructed.

A1: It is the Department’s objective to provide for a seamless operation for customers and concessions alike, so it is our intention to provide a temporary location. However, the exact location, design and configuration of any temporary location has not been determined at this time and would likely be determined in the course of discussions related to construction of the Additional Counter (if required).

Q2: If we submit two (2) bid responses, and wish to construct the “Additional Counter”, will the Airport allow “multi-branding” (i.e. more than two brands) at a single location while the “Additional Counter” is constructed?

A2: It is the Department’s objective to provide the best experience for passengers. If the

Department finds it is within our discretion and appropriate to do so (based on space limitations, etc.), we may consider this. However, no final determination has been made at this time.

http://www.pbia.org/

IFB PB 22-9

Amendment No. 1

Q3: We have used a supplier for a couple years. They recently became ACDBE certified in another state. I am not sure they have their certification in Florida yet, but have submitted to receive it. Can this supplier be used?

A3: In order to be counted toward the ACDBE goal, all firms must be certified by the Florida

Unified Certification Program as an “ACDBE” at the time of certification. After becoming certified in their home state, ACDBE firms can apply for certification in other states through the interstate certification process; however, having certification by another state does not guarantee certification in the State of Florida – there isn’t automatic reciprocity.

If an ACDBE firm has a letter indicating it has been certified in Florida as an ACDBE, bidders may provide the letter with ACDBE documentation as part of the bid; however, we will call the certifying member to verify the firm is still active if we cannot find them on the DBE Directory. If a firm is not listed on the Florida Unified Certification Program DBE Directory, I would also recommend bidders verify certification status with the firm’s certifying member if they are relying on a particular firm to achieve the goal.

Information about a firm’s certification status in the State of Florida and contacts for Unified

Certification Program certifying members can be found on Florida Unified Certification Program DBE Directory at:

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

Q4: How do you count ACDBE participation for cost of goods?

A4: See Title 49 Code of Federal Regulations Section 23.53 for detailed information on how participation is counted toward ACDBE goals. In the event the goods are purchased from a ACDBE firm that is not a manufacturer or “regular dealer” of the goods as defined in the regulations, there are limitations on the amount that payments for costs of goods may be counted. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not regular dealers.

A regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a regular dealer in such bulk items as petroleum products without owning, operating, or maintaining a place of business as provided the firm both owns and operates distribution equipment for the products.

Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.

In the event an ACDBE firm is not a manufacturer or “regular dealer”, participation toward

ACDBE goals is counted as follows:

(1) Count the entire amount of fees or commissions charged for assistance in the procurement of the goods, provided that this amount is reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the goods themselves.

(2) Count the entire amount of fees or transportation charges for the delivery of goods required for a concession, provided that this amount is reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of goods themselves.

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

ATTACHMENT “A” TO AMENDMENT NO. 1

IFB NO. PB 22-9

JULY 21, 2022, PRE-BID CONFERENCE SIGN-IN SHEET

ATTACHMENT “B” TO AMENDMENT NO. 1

JULY 21, 2022, ACDBE CONFERENCE IN-PERSON ATTENDEE SIGN-IN SHEET

AND

ROSTER OF PRE-REGISTERED ACDBE-PROVIDER ATTENDEES

ACDBE Conference – July 21, 2022 Palm Beach International Airport Pre-Registered ACDBE-Provider Attendees

First Name Last Name Email Address Claudja Henry smallbusinessintegrity@gmail.com

Mauricio Ojeda fad777@icloud.com

Gina Medina apogeeinvestigator@apogeesecurity.org

Rodney Keys rodneymkeys@keysgroup.com

James Drake jimdrake@cynanotary.com

Homer Taylor homtaylor@aol.com

Villard Houston Jr villard@vhinsurance.com

Freddy Castillo fc@agmservices.us

Nita Parikh nita.parikh@marutitransit.com

Elliott Threatt elliottrthreatt@gmail.com

Kenneth bynum kb@prosystemsus.com

Marsuzette Walker Walker walker@DPandMerch.com

George Beasley info@vscguards.com

Lorraine Gassett maverickbusiness2020@gmail.com

Andrea Reece island8@bellsouth.net

Darling Rosaes Darling.L.Rosales@ehi.com

Charlene Reynolds cjreynolds@cngpetroleum.com

Ana Magarello anamagarellousa@gmail.com

Vinicius Lima VinnyFEC@Gmail.com

Robert Barrera robert@myrealmobile.com

Patrick Chery patrick.chery@gmail.com

Gwendolyn Hudson wbgassociatesllc@gmail.com

Vernita Morris trinnette@trindygourmet.com

Katrina Long-Robinson katrinalong1308@yahoo.com

DOROTHY BROWN-ALFARO DORCOR@BELLSOUTH.NET

Dynise Perry dwp.excelstrategies@yahoo.com

Cynthia Alexander cynthia@cynanotary.com

Praveen Yalamanchi pravvy@gmail.com

Darrell Searcy darrell@chandlercampbelle.com mailto:smallbusinessintegrity@gmail.com mailto:fad777@icloud.com mailto:apogeeinvestigator@apogeesecurity.org mailto:rodneymkeys@keysgroup.com mailto:jimdrake@cynanotary.com mailto:homtaylor@aol.com mailto:villard@vhinsurance.com mailto:fc@agmservices.us mailto:nita.parikh@marutitransit.com mailto:elliottrthreatt@gmail.com mailto:kb@prosystemsus.com mailto:walker@DPandMerch.com mailto:info@vscguards.com mailto:maverickbusiness2020@gmail.com mailto:island8@bellsouth.net mailto:Darling.L.Rosales@ehi.com mailto:cjreynolds@cngpetroleum.com mailto:anamagarellousa@gmail.com mailto:VinnyFEC@Gmail.com mailto:robert@myrealmobile.com mailto:patrick.chery@gmail.com mailto:wbgassociatesllc@gmail.com mailto:trinnette@trindygourmet.com mailto:katrinalong1308@yahoo.com mailto:DORCOR@BELLSOUTH.NET mailto:dwp.excelstrategies@yahoo.com mailto:cynthia@cynanotary.com mailto:pravvy@gmail.com mailto:darrell@chandlercampbelle.com

ATTACHMENT “C” TO AMENDMENT NO. 1

PRE-BID CONFERENCE POWERPOINT SLIDES

BID PB 22-9

Rental Car Lease and Concession at the Palm Beach International Airport

Pre-Bid Meeting July 21, 2022

The BID document is posted on the County’s Vendor Self Service (VSS) portal at:

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

CONTACT PERSONS

Ray Walter, Deputy Director Airports Real Estate & Concessions Telephone: 561-471-7429 Email: ray.walter@pbia.org

Rebecca Reed, Assistant Airport Properties Manager Telephone: 561-687-5944 Email: rebecca.reed@pbia.org

BID PB 22-9

Rental Car Lease and Concession at the Palm Beach International Airport

Pre-Bid Conference July 21, 2022

Vendor Self-Service (“VSS”) Registration Vendor Self Service (VSS) system can be accessed at:

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

The RFP can be access without registration by using “Public Access” on the left side.

Register as a user by clicking on the “Register” button on the left.

Vendor Self-Service (“VSS”) The RFP Document and any Amendments to the RFP will be posted on VSS.

Proposers should periodically check VSS for Amendment(s) that may have been issued.

Under “Keyword Search” enter terms such as “PB”, “Rental Car” or “Airport”.

Vendor Self-Service (“VSS”) Registration In order to do business with Palm Beach County, proposers are required to create a Vendor Registration Account or activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (“VSS”) system.

The selected proposer must ensure all subcontractors are registered in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. (See Section 13.H of the BID)

Palm Beach International Airport (PBIA) Overview

● The Airport is owned by the County and operated by the

Department.

● Located in Palm Beach County

● PBI is classified as a medium hub airport, handling between 6.5 to 7 million passengers in a typical year. The Airport is located approximately 2.5 miles from downtown West Palm Beach and has three surfaces which serve as six active runways; the longest runway is 10,008 feet.

Facilities at the Airport are capable of supporting a full range of commercial and general aviation aircraft.

Purpose of the Project

● Palm Beach County, through its Department of Airports is soliciting competitive bids for the award of up to Two (2) Agreements for Rental Car Lease and Concession.

● Award of the Concession Agreements includes the non-exclusive right, privilege and obligation to lease and operate reservation counters and offices within the Airport.

● The County seeks to establish a strong, sound, and mutually beneficial relationship with quality-oriented concessionaires.

Key Changes in this Concession Agreement

● The Concession Agreement form is generally consistent with the current

Concession Agreement.

● MAG ADJUSTMENT BASED ON PASSENGER DECLINES – Section 5.02 Threshold: Less than 85% (15% decline) in the number of deplaning passengers for the same month of the preceding calendar year.

MAG reduction by the same percentage as such decrease in the number of deplaning passengers in the same month of the prior calendar year.

EXAMPLE:

March 2024 Deplanements: 300,000 March 2025 Deplanements: 225,000 (25% reduction from March in the preceding year) If MAG: $1.2M ($100,000 per mo.), MAG would be adjusted/reduced by 25% for March, 2025, so MAG would be $75,000 for the month of March, 2025.

Adjustment(s) would occur for any month where such a decline in deplanements occurs.

● “Year-to-Date” reconciliation of the MAG means that any “adjusted” months reduce the YTD MAG amount accordingly.

Key Changes in this Concession Agreement (Cont’d)

● Minimum Hours of Operation for the Assigned Premises (Counter Areas) (Section 8.02(B)) 8 hours per day (9:00 am -5:00 pm) 7 days per week;

unless otherwise approved by Department.

Failure to staff and operate the Assigned Premises shall be considered abandonment of the Assigned Premises (see also, Section 13.02(A) – DEFAULT.

● Courtesy Shuttle (Section 8.02(E)) 15-minute intervals; from 1-hour prior to first departure to 1-hour after last arrival (INCLUDING

DELAYS)

Must provide a current telephone number for customer to call if “on-demand” service is not available during “non-peak” hours.

Counters (“Assigned Premises”)

● Seven (7) existing counters. Six have been allocated under

IFB PB 22-3. This solicitation will allow use of the 7th counter, and/or the construction of an 8th counter (if needed or desired).

● The Bidder for the 8th “Additional Counter” (if needed) will be responsible for the cost and expense, design, construct and install all electrical, data, communications, lighting and other improvements and trade fixtures necessary and customary for the operation of a rental car reservation counter, subject to a rental credit in an amount not to exceed $50,000.00.

● Location/design of the 8th Counter is subject to County approval.

● Design of the 8th Counter would likely be consistent with the rendering/concept for the “new counters”.

Proposed Location of the Additional Counter (if needed) Width of Assigned Premises: TO BE DETERMINED (N.T.E. existing counter widths)

Customer Queue Area: Width of Counter x 16’ deep Counter and Behind-the-Counter Area: TO BE DETERMINED

JETBLUE BAG

SERVICE OFFICE

BAGGAGE CAROUSEL 1

COUNTER 1COUNTER 2

Counter Replacement

● The previous Concession Agreement bid (issued 2018) contemplated that we would update and replace the counter areas (millwork) during the term of that Agreement.

● Due in part to concerns by the participants related to disruption during the term, we decided to have the agreement end in 2021, at which time the counters would be replaced between-terms.

● Due to the pandemic, counter replacement was put on-hold the Agreement was ultimately extended to June 30, 2022.

● We now plan to replace the counter areas during the term of this Agreement.

● Section 4.08 of the Concession Agreement addresses Temporary Displacement/Relocation of the Assigned Premises, including coordination with Concessionaires; written notice; and abatement of Facility Rental.

Counter Replacement – concept/rendering

BID Exhibits

1. Draft Concession Agreement Form

2. Rental Car Reservation Counter Areas – this exhibit shows the location and dimensions of existing counter areas and the general proposed location of the “Additional Counter” (if required)

3. Form of Guaranty (ONLY if required - Special Condition Nos. 13 & 17)

4. Directions to the DOA Administration Offices

5. Webex Login Information

6. Bid Submittal Checklist

BID Attachments The following Attachments MUST be completed and returned with your Bid Response.

Failure to return these documents with your Bid Response will result in rejection of your Bid Response.

Attachment “A” Bid Response Form Attachment “B” Schedule 3, Good Faith efforts to Achieve ACDBE Goal

The following Attachments SHOULD be completed and returned with your Bid Response, but are not required to be submitted until following submittal. NOTE: these items are required to be submitted prior to Contract Award, and must be returned upon request by the Department. Failure to return these documents in accordance with a request by the Department will result in rejection of your Bid Response.

Attachment “C” Drug-Free Workplace Certification Attachment “D” Schedule 1, List of Proposed ACDBE Firms Attachment “E” Schedule 2, Letter of Intent to Perform as an ACDBE Firm

Required Documents Required Attachments

● Bid Response Form (Appendix A)

● Signature page must be signed and sealed or notarized.

● Schedule 3 (Appendix B)

$5,000 Bid Guarantee (Section 13.D of Bid) – the Bid guarantee must be included with your proposal. Failure to do so will result in the disqualification of your proposal.

ACDBE CONFERENCE

Special Condition #10. AIRPORT CONCESSION DISADVANTAGED

BUSINESS ENTERPRISE (ACDBE) CONFERENCE

In an effort to facilitate and encourage ACDBE participation, the Department will host a MANDATORY ACDBE Conference, at which time ACDBE providers will be available to share information on goods, services and products they offer, and will be available to answer questions or to schedule additional offline discussions with potential bidders.

All interested bidders are required to attend IN-PERSON at the MANDATORY ACDBE CONFERENCE which is scheduled to be held at the Department of Airports (DOA) Administration Offices, Main Conference Room, Bldg. 846, Palm Beach International Airport, West Palm Beach, FL 33406-1470 on Thursday, July 21, 2022, commencing at 11:00 A.M.

ACDBE PARTICIPATION GOAL

Palm Beach County has established a specific ACDBE participation goal of 3.22% of goods and services. Bidders shall use good faith efforts to satisfy Palm Beach County’s ACDBE participation goal. ACDBE participation counted toward meeting the established ACDBE goal will be determined by the Department of Airports in accordance with 49 CFR Part 23.

BIDDERS ARE REQUIRED TO SUBMIT ACDBE SCHEDULE 3 WITH

THEIR BID RESPONSE IN ORDER TO BE DEEMED RESPONSIVE TO

THE ACDBE REQUIREMENTS.

If the ACDBE contract participation goal is not met, bidders shall be required to submit written evidence of good faith efforts by showing that they took all necessary and reasonable steps to achieve the ACDBE goal even if they were not fully successful. Examples of good faith efforts can be found in Appendix A to 49 CFR Part 26. In the event the bidder is unable to achieve the ACDBE goal, failure of a bidder to submit written evidence of good faith efforts to achieve the ACDBE goal shall result in the disqualification of the bid.

Timetable

● Deadline for Submission of Written Comments/Questions:

3:30 p.m., Monday, July 25, 2022

● Proposal Deadline: 11:00 a.m., Wednesday, August 2, 2022 (Cone of Silence goes into effect)

● Counter Space Allocation Meeting Date: TBD

● Award Date: TBD

Amendments

● Amendments to the BID will be posted on the Palm Beach County

Purchasing Department’s Vendor Self Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

● It is the sole responsibility of bidders to routinely check this website for amendments that may be issued prior to the deadline for submission of Bids.

● Bidders should not rely on any representations or statements that are not contained in the BID or a formal written amendment to this BID.

QUESTIONS?

Submit questions in writing prior to 3:30 p.m., Monday, July 25, 2022:

ray.walter@pbia.org or rreed@pbia.org mailto:ray.walter@pbia.org mailto:rreed@pbia.org

Schedules & Common Mistakes

The amounts listed in Schedule 1 for each ACDBE Firm must be supported by the percentage included on Schedule 2 in order to be counted toward attainment of the ACDBE goal. Schedule 2 must be signed by the ACDBE firm. The total percentage listed on Schedule 3 must be supported by Schedules 1 and 2.

Firms must be certified by the Unified Certification Program for the State of Florida as an “ACDBE”. Information regarding ACDBE certification status may be found through the Florida Department of Transportation Equal Opportunity Office’s website at:

https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeBusinessDirect ory/Home.aspx/; or by contacting the Palm Beach County Department of Airports’ Office at (561) 471-7403.

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

http://www3b.dot.state.fl.us/EqualOpportunityOfficeBusinessDirectory/

Schedule 1 List of Proposed ACDBE Firms

Make Sure to:

(1) Fill out

Schedule(s) completely;

(2) Enter Name of the firm, Type of Work;

(3) Indicate Firm Classification;

(4) Enter % Participation;

(5) Verify % with Schedule 2;

(6) Check ALL

MATH!

(7) Sign & Date.

Schedule 2 ACDBE Letter of Intent to Perform

Make Sure to:

(1) ACDBE FIRM

COMPLETES

SCHEDULE 2;

(2) Select Firm’s Classification;

(3) Provide a Description of Work;

(4) Enter Value of Work %;

(5) Will any work be Subcontracted?

(6) ACDBE Firm, Sign & Date.

Verify ACDBE Certification Status

Although a ACDBE firm may perform work in categories for which it is not certified, only work to be performed in the ACDBE’s certified categories will be counted toward attainment of the ACDBE goal.

ACDBE firms are certified for certain categories of work in accordance with the North American Industry Classification System (NAICS). Information regarding NAICS can be found at:

https://www.census.gov/naics/.

PLEASE ASK FOR HELP if you experience difficulty when trying to verify a firm’s certification status.

https://www.census.gov/naics/

Good Faith Efforts - Generally The Bidder is required to demonstrate that it has made good faith efforts to achieve participation with ACDBE firms if the ACDBE goal is not achieved. Failure to demonstrate good faith efforts to achieve the ACDBE goal shall result in disqualification of your response in the event that the ACDBE goal is not achieved.

Determinations of good faith efforts are intrinsically fact-specific and are made taking into consideration the evidence provided by each Bidder as to its documented efforts.

Demonstration of good faith efforts include, but are not limited to, the actions identified in Schedule 3. Actions constituting evidence of good faith efforts are described in Appendix A to 49 CFR Part 26.

Schedule 3 Demonstration of Good Faith Efforts

Schedule 3 form requires submission of additional information.

Bidders should read the form carefully. In the event the ACDBE goal is not achieved, Schedule 3 must be completed in its entirety.

Complete required contact log, including the name of each ACDBE firm contacted, method of initial and follow up contact, dates of efforts and results of contact.

Include copies of backup documentation supporting your contact log.

Include method of solicitation for all subcontracting categories identified on Schedule 3 for ACDBE participation. Do not list categories where little or no efforts were made to obtain participation.

Demonstration of Good Faith Efforts

Include copies of advertisements; however, advertising alone is not sufficient to satisfy good faith efforts.

List all quotes from ACDBE firms. If a non-ACDBE firm is selected over an ACDBE firm, the Bidder is required to include the actual copies of the quotes submitted by the ACDBE firm and non-ACDBE firm. Failure to include the required quotes shall cause the response to be nonresponsive.

Schedule 3 provides specific examples of actions that raise the question of whether the bidder has used good faith efforts and actions that may cause a response to be found nonresponsive. This information may be used as a general guide; however, this list is not exhaustive or exclusive.

Examples of actions that do not constitute Good Faith Efforts

Making mere pro forma efforts such as sending blanket e-mails with no documented follow up efforts.

Rejecting ACDBE firms as being unqualified without sound reasons.

Failing to make portions of the work available consistent with the available ACDBE firms.

Failing to negotiate in good faith with interested ACDBE firms.

Providing the Department with inaccurate or misleading information regarding good faith efforts. WE DO CHECK!!

Demonstration of Good Faith Efforts to

Achieve ACDBE Goal

Schedule 3 must be completed. Failure to do so will result in the disqualification of your Response.

If 3.22% or greater ACDBE participation is proposed on Schedule 3, the Bidder should check the appropriate box and sign the front page.

No additional documentation needs to be submitted at the time of the Response and the remainder of Schedule 3 may be left blank.

If less than 3.22% ACDBE participation is proposed on Schedule 3, Schedule 3 MUST be completed in its entirety and documentation of Good Faith Efforts MUST be submitted at the time of the Response.

3.22% or greater ACDBE participation

If 3.22% 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.

Less than 3.22% ACDBE participation

If less than 3.22%

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 and demonstrate the Bidder’s good faith efforts to achieve at least 3.22% participation.

BID PB 22-9 Pre-Bid Meeting 7.21.22 Presentation.pdf

Slide Number 2