North_Terminal_Complex_(NTC)_Concessions_-_Package_2_(Addendum_#4_Revision).pdf

REQUEST FOR PROPOSALS

25-102-RFP

NORTH TERMINAL COMPLEX (NTC) CONCESSIONS -

PACKAGE 2

TABLE OF CONTENTS

1. INTRODUCTION

2. GENERAL INFORMATION

3. AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

4. CONCESSION RIGHTS

5. EVALUATION CRITERIA, SCORING AND SELECTION PROCESS

6. INSTRUCTIONS FOR CONCESSION AGREEMENT

7. ELIGIBILITY AND PROPOSAL FORM

ATTACHMENTS

A - GOAA POLICY 910-01

B - MCO FACT SHEET - 2024

C - DOMESTIC AND INTERNATIONAL ENPLANEMENTS AND DEPLANEMENTS; BY AIRSIDE, BY YEAR, 2017-

D - MCO - SUPPORTING DESIGN MATERIALS - PART 1

E - NTC PACKAGE 2 CONCESSIONS- CONCEPT DESCRIPTIONS

F - NTC PACKAGE 2 CONCESSIONS - LODS

G - NTC PACKAGE 2 CONCESSIONS – UNIT SALES

H - FOOD & BEVERAGE CONCESSIONS PACKAGE AGREEMENT - 061224

GREATER ORLANDO AVIATION AUTHORITY

North Terminal Complex (NTC) Concessions - Package 2

1. INTRODUCTION

1.1. Summary

The Greater Orlando Aviation Authority (the "Aviation Authority") is seeking competitive Proposals from experienced, creative, highly motivated, and responsible Proposers for the operation of a Food &

Beverage Concession (the "Concession") at the Terminal Complex of the Orlando International Airport, Orlando, Florida (the "Airport").

The Aviation Authority’s objective for this Concession is to provide exciting, innovative, modern, and visually appealing concession concepts and facilities that exceed the expectations of the modern traveler and positions Orlando International Airport as a lively, exceptional, and memorable destination between destinations.

It is the intent of the Aviation Authority that a Proposer will provide the services specified in the Request

For Proposals (RFP). The Aviation Authority intends to select the Proposer that it deems to be the most highly qualified, responsible, and responsive to the Aviation Authority to perform the required services after considering the evaluation criteria, in its sole discretion.

1.2. Background

Please see under the Attachments Section of the RFP, the Concessions Agreement, Airport Fact Sheet, Unit Sales Information, MCO Supporting Design Materials, Historical Enplaned and Deplaned Passenger

Information, and Operational Policy 910.01 - Awarding and Operating Concession & Consumer Service

Privileges in the Terminals for more background information.

1.3. Timeline

RFP

release date:

Thursday, June 13, 2024

Pre-solicitation meeting date/time:

Thursday, June 27, 2024 at 11:00 am, EST

Pre-solicitation meeting location and/or link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzM5ZTdlZjctMGQ4Yi00YWZhLWFhNjUtMzQ0ZTllNTk4Njc4%40thread.v2/0?context=%7b%22Tid%22%3a%22d704ebcc-

99a6-46da-84cb-6a2258292a9a%22%2c%22Oid%22%3a%225ae343ef-8184-4fff-a38a-8b94f415196c%22%7d Meeting ID: 283 715 269 88

Passcode: Z7EcZp _______________________________________ Dial in by phone +1 872-242-8019,,672771279# United States, Chicago Find a local number Phone conference ID: 672 771 279# Join on a video conferencing device Tenant key: goaa@m.webex.com Video ID: 114 844

065 9 More info For organizers: Meeting options | Reset dial-in PIN

Deadline to submit questions:

Thursday, August 15, 2024 at 5:00 pm, EST

Deadline to submit proposal:

Thursday, September 5, 2024 at 11:00 am, EST

Tentative date for

Committee evaluation:

Tuesday, September 24, 2024

Tentative date for

Interviews:

Tuesday, October 1, 2024

Tentative date for

Aviation

Authority

Board approval:

Wednesday, October 16, 2024

2. GENERAL INFORMATION

2.1. Nondiscrimination Legal Notices

A. The Aviation Authority does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for in the Americans with

Disabilities Act or Section 86.26, Florida Statutes, should contact the ADA Coordinator at 407-825-

7105 as soon as possible, or at least one full business day prior to any scheduled meeting.

B. The Aviation Authority will include the following assurances in all concession agreements and management contracts it executes with any firm:

a. The Concession Agreement is subject to the requirements of the U.S. Department of

Transportation's regulations, 49 CFR part 23. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, or other agreement covered by 49 CFR part 23.

b. The Concessionaire agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23, that it enters and cause those businesses to similarly include the statements in future agreements.

C. In accordance with Section 287.05701, Florida Statutes, the Aviation Authority may not request documentation of or consider a Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Proposer.

2.2. Reservation of Rights

A. The Aviation Authority reserves the right, in its sole discretion, to waive any informalities or irregularities of a Proposal, except that (i) the Aviation Authority will not waive the requirement that a Proposal, complete in all material respects, be received by the Aviation Authority by the time and date specified in the Timeline for the receipt thereof, and (ii) the Aviation Authority will not consider any Proposal which does not conform in all material respects to the terms of this RFP including a commitment to execute the Concession Agreement by the Proposer and a commitment by the Guarantor to execute the Affidavit of Guaranty, if applicable.

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

C. The Aviation Authority reserves the right to request clarification of information submitted in any

Proposal, to require additional information from any Proposer, or, in the Aviation Authority's sole discretion, to reject any or all Proposals for any reason and to re-advertise or not to re-advertise the RFP.

D. The Aviation Authority reserves the right to reject proposals containing any additional terms or conditions not specifically requested in the original special conditions and/or the terms and conditions.

E. The Aviation Authority reserves the right to cancel an awarded Proposal upon due cause—i.e., Concessionaire misrepresentation, Concessionaire negligence, non-performance, etc. via written notice.

2.3. Solicitation Information / Instructions To Proposers

A. Sealed electronic proposals will be received for this RFP through the Greater Orlando Aviation

Authority e-Procurement Platform located at https://procurement.opengov.com/portal/goaa.

Once you have completed the free account registration, browse back to this page, click on "Draft

Proposal", and follow the instructions to submit the electronic proposal. By way of the Platform, proposals will be locked and digitally encrypted until the submission deadline passes.

B. All Proposals must be received by the Aviation Authority as noted in the Timeline, Section 1.3. All

Proposals timely received will be listed with the name of the Proposer during the Virtual Opening.

The e-Procurement Platform will not allow for late submittals.

C. The time/date stamp clock located in the electronic submittal Platform shall serve as the official authority to determine lateness of any proposal.

D. The Aviation Authority shall not be responsible for delays caused by any occurrence. This shall include any delay as a result of a technology issue. Any late proposal shall not be accepted.

E. Proposals submitted by hard copy, e-mail, or fax shall not be accepted. Proposals submitted outside of the designated electronic submission Platform shall be rejected as non-responsive regardless of where and when they were received.

F. Proposers shall not be allowed to modify their proposals after the opening time and date.

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

H. Each Proposer shall complete the Eligibility and Proposal Form, located in Section 7. Please respond to each item individually, as applicable.

I. Unless otherwise directed, all uploaded files must be in PDF format. Do not upload zip files.

J. Once the deadline for receipt of Proposals has occurred, no Proposal may be altered or withdrawn for a period of 180 days after such deadline.

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

2.4. Submitting Questions and Receiving Responses

A. Proposers shall submit all inquiries regarding this RFP via the Aviation Authority's e-Procurement

Platform, located at https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on this e-Procurement Platform.

Proposers may also click “Follow” on this RFP to receive an email notification when answers are posted. It is the responsibility of the Proposer to check the website for answers to inquiries.

B. Virtual and/or Pre-proposal meeting location, date, and time will be posted on the e-Procurement

Platform. The purpose of any Pre-proposal meeting is to review and discuss the RFP (and any addenda) as published. Attendance is not mandatory but is highly encouraged.

C. Questions will be answered through the e-Procurement Platform.

D. If the Aviation Authority determines that it is necessary to change any deadlines, the change will be announced and posted on the e-Procurement Platform.

E. All prospective Proposers shall thoroughly examine and become familiar with the RFP package and carefully note the items which must be submitted with the Proposal as detailed in Section 7:

Eligibility and Proposal Form.

F. Submission of a Proposal shall constitute an acknowledgment that the Proposer has read and understands the RFP, including all addenda and all attachments. The failure or neglect of a

Proposer to receive or examine any RFP Document shall in no way relieve it from any obligations under its Proposal or the Concession Agreement. No claim will be allowed which is based upon a lack of knowledge or understanding of the RFP, Concession Agreement or the Concession.

2.5. Communications; Questions Regarding Specifications or Solicitation Process

A. Any official communication from a Proposer during the solicitation process should be submitted to the Aviation Authority via the e-Procurement Platform, https://procurement.opengov.com/portal/goaa.

B. A copy of the Aviation Authority’s Administration Policies (Sections 180.01 and 180.03) are available on the Aviation Authority’s website. In accordance with the above-referenced policies, any communication directly or indirectly to seek to encourage any specific result in connection with an Aviation Authority selection process, including but not limited to, written communications, any and all forms of electronic communications or messaging, including social media, oral communications either in person or by telephone, initiated by a Proposer or through a lobbyist, agent or third person, to any Aviation Authority staff and/or Committee/Board member who is a member of any committee constituted for the purposes of ranking Proposers, making recommendations or making an award, is prohibited from the time that the RFP is released to the time that the award is made.

C. All firms are hereby placed on notice that the Aviation Authority Board and staff shall not be contacted about this RFP. Firms and their agents shall not contact members of the Aviation

Authority staff and/or Committee/Board member (with the exception of designated Procurement

Agent and the Small Business Development Department). An appropriate official or employee of the Aviation Authority may initiate communication with a Proposer in order to obtain information or clarification needed to develop a proper and accurate evaluation of the RFP. Any official communication from a Proposer during the solicitation process should be submitted via the e-

Procurement Platform as directed during the RFP process. Failure to adhere to these requirements may result in Board action to disqualify your firm from consideration of award.

D. Requests for interpretation, clarification or correction of Proposal documents, forms or other material in the Proposal documents should be made in writing via the e-Procurement Platform during the Question-and-Answer period. Questions or issues raised at the Pre-Proposal

Conference or during the Question-and-Answer period, which, in the Aviation Authority's discretion, necessitate changes to the Proposal documents, will be the subject of an addendum to these Proposal documents at the conclusion of the question period, and will be made available through the e-Procurement Platform. It is the responsibility of each Proposer to ensure that it has received and reviewed any and all such proposal(s) or addendum.

2.6. Notice of Intent to Award

Unless all Proposals are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within one hundred twenty (120) days from the opening of Proposals to the responsible and responsive Proposer submitting the Proposal deemed to be most advantageous to the Aviation Authority, all factors being considered.

2.7. Code of Ethics and Business Conduct Policy

The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy (Section 204.01) which addresses the obligation of the Aviation Authority’s Board members and employees to follow the Florida

Statutes in reference to these issues. This includes, but is not limited to, the obligations of the Aviation

Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts.

Please be aware that any violation of this policy by a Proposer and/or any attempt to influence an Aviation

Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Proposer to respond on any RFP or sell any materials, supplies, equipment, or services to the Aviation

Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available on the Aviation Authority’s website.

2.8. Description of Concessions and the Aviation Authority's Objectives

This information is provided solely for the convenience of the Proposers and is not intended to limit or modify any of the provisions of the Concession Agreement. The terms and conditions of the Concession are set forth in detail in the Concession Agreement.

The Aviation Authority is committed to its values, mission, and vision:

In order to achieve these goals, the Aviation Authority will focus of the following four pillars:

The goal of the Orlando International Airport Concessions program is to provide world-class amenities that exceed the expectations of the traveling public while ensuring the highest level of customer service in support of the Aviation Authority’s Strategic Plan.

3. AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

3.1. Appeal

Any Proposer who is adversely affected by a decision or intended decision concerning this RFP or award and who wants to appeal the decision or intended decision shall file an appeal within five (5) business days in compliance with the Aviation Authority’s Policy 110.04, Appeal Process. Failure to file an appeal in accordance with the Aviation Authority’s Policy 110.04, shall constitute a waiver of the appeal process.

3.2. Incurred Cost

The Aviation Authority is not liable for any cost incurred by any Proposer. Costs for developing a Proposal to this RFP are entirely the obligation of the Proposer and shall not be chargeable in any manner to the

Aviation Authority.

3.3. Conflict of Interest

The award hereunder is subject to provisions of Florida law. All Proposers must disclose with their proposal the name of any officer, director, or agent who is also an employee of the Aviation Authority.

Further, all Proposers must disclose the name of any Aviation Authority employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer or any proposed Sub-Tenant or Joint

Venture Partner.

3.4. Drug-Free Workplace

Whenever two or more Proposals, which are equal with respect to price, quality, and service, are received by the Aviation Authority for the procurement of commodities or Contractual services, a Proposal received from a business that has implemented a drug-free workplace program per 287.087, Fla. Stat. shall be given preference in the award process.

3.5. Discriminatory Vendor List

An entity or affiliate placed on the Discriminatory Vendor List shall not submit a Proposal to an RFP to provide goods or services to a public entity, shall not submit a Proposal on a Concession Agreement with a public entity for the construction or repair of a public building or perform any public work, shall not submit Proposals for leases of real property to a public entity, shall not award or perform work as a

Concessionaire, Proposer, Sub Concessionaire, or Proposer under any Contract with any public entity, and shall not transact business with any public entity per 287.134(3)(d), Fla. Stat.

3.6. Public Entity Crimes

All Concessionaires are hereby placed on notice that a person or affiliate who has been placed on the convicted vendors list following a conviction for a public entity crime may not submit a Proposal on a

Contract to provide any goods or services to a public entity, may not submit a Proposal on a Contract with a public entity for the construction repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a

Concessionaire, under a Concession Agreement with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in 287.017 Fla. Stat. for CATEGORY TWO

(currently $35,000) for a period of thirty-six (36) months from the date of being placed on the convicted

Proposer list.

Convicted Vendor List / Vendor Registration and Vendor Lists / State Agency Resources / State Purchasing

/ Business Operations / Florida Department of Management Services - DMS (myflorida.com)

3.7. Scrutinized Companies

Awarded Concessionaire shall certify that it and its Sub-Concessionaires are not on the Scrutinized

Companies that Boycott Israel List. Pursuant to Section 287.135, F.S. If the Agreement is for more than

$1,000,000 the Concessionaire further certifies that it and its Sub-Concessionaires are also not on the

Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran

Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section

287.135, F.S. For Contracts of any amount, if the Aviation Authority determines the Concessionaire submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Concessionaire has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the Aviation Authority shall either terminate the Contract after it has given the Concessionaire notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. For Contracts $1,000,000 and greater, if the Aviation Authority determines the Concessionaire submitted a false certification under Section 287.135(5) of the Florida Statutes, or if the Concessionaire has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized

Companies with Activities in the Iran Petroleum Energy Sector List, the Aviation Authority shall either terminate the Contract after it has given the Concessionaire notice and an opportunity to demonstrate the Aviation Authority’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Aviation Authority may choose to maintain the

Contract if the conditions of Section 287.135(4) of the Florida Statutes are met. The Concessionaire agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these

Contracting prohibitions, this section shall become inoperative and unenforceable.

3.8. Licenses, Permits and Certifications

The successful Concessionaire is responsible for obtaining all permits and licenses necessary to construct and operate the Concession. The Aviation Authority does not exempt itself from permitting requirements.

The Concessionaire shall pay all Aviation Authority permit, inspection and impact fees required for the https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/convicted_vendor_list project or services required under this Concession Agreement; all other fees for permits and licenses shall be the responsibility of the awarded Concessionaire.

3.9. Airport Activity

The Aviation Authority makes no warranty or guarantee regarding the quantity of passengers or employees using any part of the Terminal Complex or the Terminal Complex as a whole. Airline operation locations and the quantity, schedule and frequency of airline operations are subject to change at any time.

3.10. Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussions with any Aviation Authority employee.

3.11. Public Meetings

All meetings of the Aviation Authority’s Board are duly noticed public meetings and documents submitted to the Aviation Authority as a part of or in connection with an RFP may constitute public records under

Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein. All interested parties are invited to attend these meetings.

4. CONCESSION RIGHTS

4.1. Concessions Rights to be Granted

A. The Aviation Authority shall grant the successful Proposer the non-exclusive right and privilege, and the successful Proposer shall assume the obligation, to rent, occupy, equip, furnish and maintain the facilities for the operation of a concession as described in Attachment Concept

Descriptions and LODs and in accordance with the provisions of the Concession Agreement.

B. Proposers must respond to each question in this RFP under the Eligibility and Proposal Form located in Section 7 in order to provide the information on which the Aviation Authority will base its award.

C. The Premises do not include office or storage space for use by the successful Proposer’s staff. The

Aviation Authority may have office and storage space available for rent to concessionaires, varying in size and availability. The successful Proposer would be required to pay rent to the Aviation

Authority for use of office and/or storage space. The amount of rent per square foot varies depending on the size and location of the space.

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

E. In support of the Aviation Authority’s targeted sustainability goals and objectives, Proposers should be aware that they are asked to take reasonable measures related to sustainability in operation and management of the Concession.

4.2. Term

The awarded Proposer shall be required to open for business and commence paying Concession Fees on the “Commencement Date”. The successful Proposer will be granted possession of the Premises approximately 120 days prior to the Commencement Date. The Term of the Concession shall be a period of 10 years, beginning on the Commencement Date as described in the Concession Agreement.

4.3. Improvements

A. Proposers should describe as directed in the Eligibility and Proposal Form in Section 7, the portion of the Premises that will be used for the commissary and non-commissary spaces, including the square footage of each, and provide detailed renderings of the same.

B. The successful Proposer will be required to expend in the build-out of improvements, fixtures, furnishings and equipment (excluding inventory) not less than $500 per square foot for concessions’ space. If applicable, Proposer will expend in the build-out of improvements not less than $200 per square foot for queuing and seating space.

C. In support of the Aviation Authority’s targeted sustainability goals and objectives, the successful

Proposer shall take reasonable measures related to sustainability (including indoor space enhancements and baseline energy/water improvement thresholds).

D. The cost per square foot may exceed the amounts listed above due to unknown electrical, mechanical and fire protection improvements and their associated cost which historically have been higher at the Airport than what retailers may have experienced elsewhere. The Airport supports a large population of the public moving to and from ground transportation and airplanes which require more sophisticated controls for mechanical systems and more attention to mechanical, electrical and fire protection operation than elsewhere. The construction environment at the Airport is more controlled with more restricted access for Concessionaires and materials due to Airport operations and security concerns. Management of construction activity at the Airport by the Concessionaire requires more time and effort than elsewhere. Such space must be constructed in the Premises in an aesthetically pleasing manner.

E. The Proposer will be required to refurbish and maintain the Premises as noted in the Concession

Agreement, or as necessary and determined by the Chief Executive Officer.

5. EVALUATION CRITERIA, SCORING AND SELECTION PROCESS

A. The Aviation Authority has established a limitation rule for North Terminal Complex

Concessions. A Proposer shall be limited to award of no more than 20% of the North Terminal

Food and Beverage Program and no more than 25% of the North Terminal Retail Program based on square footage. A “Proposer” includes entities which are Affiliates as defined in the

Concession Agreement or which have a substantial interest in the proposed Concession, including those entities which execute the Agreement of Guarantee. A “substantial interest” is defined as an equity interest of twenty-percent (20%) or greater in the Proposer. The Aviation Authority reserves the right, pursuant to its policy, to re-evaluate the limitation policy to maintain a competitive market, ensure quality service, attract quality Proposers, and ensure adequate financial returns to the Aviation Authority, for example.

B. Proposer(s) must demonstrate the capability required to provide the services described in the

RFP.

C. It is the Proposer’s responsibility to incorporate all pertinent information effectively, to communicate the Proposer’s concept, and meet the requirements listed in the RFP. The Proposer should prepare its Proposal simply and economically, providing a straightforward, concise description of the Proposer's capability to satisfy the conditions and requirements of this RFP based on the Evaluation Criteria which are the list of elements that the Aviation Authority deems most important to its evaluation process.

D. Proposals will be evaluated based upon the Evaluation Criteria and will be ranked by the

Procurement Committee (Committee). Proposers are invited to attend all of these public meetings. The Committee may, in its sole discretion, seek the assistance of other Aviation

Authority staff, consultants and legal counsel with respect to the evaluation and any recommendation for award.

E. The Committee will evaluate the Proposals and may, at its sole discretion, invite one or more of the Proposers that appear to be the most advantageous to interview with the Committee. The purpose of such an interview would be to allow Proposers to elaborate upon their Proposal before a recommendation for ranking of the Proposals is made. Interview statements, along with the written Proposal will become part of the Proposer’s proposal to be evaluated by the Committee.

F. In the event the Committee determines that presentations/interviews are not necessary, the

Committee shall submit to the Aviation Authority Board for approval, a ranking and recommendation of the Proposer(s) that are most advantageous to meet the needs of the

Aviation Authority. The Aviation Authority Board may accept, reject or amend the recommendation of the Committee.

G. After the Aviation Authority Board has established and approved the final rankings, the first ranked Proposer shall execute the Concession Agreement. If the first ranked Proposer fails to execute the Concession Agreement, contract bond, or any other document required by the

Aviation Authority in a timely manner, the Aviation Authority reserves the right to enter into an agreement with the next-ranked Proposer.

H. Any of the following causes may be considered sufficient to deem Proposer non-responsive and to reject its Proposal: 1) Submission of more than one (1) Proposal for the Concession by an individual, firm, partnership, corporation, or limited liability company under the same name or a different name. For purposes of this subparagraph, Proposers controlled by the same firms, partnerships or corporations under common control may be considered to be the same entity

(however, ACDBE participants may be on multiple teams for the same Concession); 2) evidence of collusion between or among Proposers; 3) evidence that the Proposer has not complied with

ACDBE goals established by the Aviation Authority for this RFP; or 4) being in arrears on any reports, fees, rent or other monies owed to the Aviation Authority, past or present litigation with the Aviation Authority, or past or present default under any contract with the Aviation Authority, or the failure to execute an agreement after the award of the RFP.

I. The Financial Responsibility, Legal, and Pro Forma criterion and the ACDBE Minimum Goal/Good

Faith Effort criterion are evaluated on Pass/Fail basis.

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

K. The scoring of Financial Return to Aviation Authority will be based on a mathematical calculation.

The Proposer providing the highest percent revenue to the Aviation Authority (See Section 8) will receive the maximum points. Then, the Committee will calculate a “percentage ratio” by dividing each of the other Proposer's percentages by the highest percentage. Then, the maximum points will be multiplied by the “percentage ratio” respective to each Proposer. Scores and percentages will be rounded to the second decimal. For example:

PROPOSER FINANCIAL RETURN TO

THE AVIATION

AUTHORITY (%)

PERCENTAGE RATIO SCORE (IF MAX. SCORE IS

25)

Proposer A 9.00% 100% (0.0900/0.0900=1.0000) 25.00 (25*1)

Proposer B 7.30% 81.11% (0.0730/0.0900=0.8111) 20.28 (25*0.8111)

Proposer C 7.00% 77.78% (0.0700/0.09000=0.7777) 19.45 (25*0.7778)

Proposer D 6.70% 74.44% (0.0670/0.0900)=0.7444) 18.61 (25*0.7444)

SCORED EVALUATION CRITERIA:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Demonstrated Experience and Qualifications Points Based 15 (15% of Total)

2. Customer Service Points Based 10 (10% of Total)

3. Concepts and Quality, Variety and Price Range of Menu Items Points Based 20

(20% of Total)

4. Concession Improvements Points Based 20 (20% of Total)

5. ACDBE Participation Points Based 10 (10% of Total)

6. Financial Return to the Aviation Authority Points Based 25 (25% of Total)

6. INSTRUCTIONS FOR CONCESSION AGREEMENT

6.1. Agreement Instructions

A. Upon execution of the Concession Agreement, the successful Proposer shall provide to the

Aviation Authority a Bond or Letter of Credit in the form attached to the Concession Agreement and shall thereafter maintain in effect throughout the Term thereof.

B. The successful Proposer shall, within thirty (30) days after the receipt of the Concession

Agreement, together with the Aviation Authority's written request that it be executed by the successful Proposer, return to the Aviation Authority, a digitally signed Concession Agreement, along with the Contract Bond or Letter of Credit in the form provided with the Concession

Agreement, as well as copies of any affidavits, certificates, or other documents required to be provided to the Aviation Authority upon execution of the Concession Agreement. Failure on the part of the Proposer to whom a Concession has been awarded to execute and deliver to the

Aviation Authority the Concession Agreement and other documents required by the Aviation

Authority, within the time herein permitted, shall be just cause for cancellation of the award by the Aviation Authority, unless such period is extended by the Chief Executive Officer in his sole discretion. In such event, or in the event of the Proposer’s attempt to withdraw the Proposal within the 180 days following the deadline for the receipt of the Proposals, the Proposer shall be liable to the Aviation Authority for all of the Aviation Authority's damages arising out of the

Proposer's breach of its obligations set forth herein, including, but not limited to, the Aviation

Authority's cost of resoliciting the RFP. If new Proposals are solicited, any difference between the guaranteed financial return to the Aviation Authority presented by the breaching Proposer's

Proposal and the guaranteed financial return to the Aviation Authority presented by the Proposal submitted by the Proposer that receives the re-awarded Concession Agreement, regardless of whether the Aviation Authority awards the Concession Agreement to the next ranked Proposer or elects to solicit a new RFP, and the Aviation Authority's costs, expenses and Attorney's Fees, as defined in the Concession Agreement.

C. The Aviation Authority may, but is not required to negotiate the balance of the terms of any condition or provision of the Concession Agreement with the successful Proposer after award of the Concession. As such, Proposers should anticipate that the Aviation Authority will not deviate from the Concession Agreement after award. The Aviation Authority further reserves the right to cancel its award of the Concession to any Proposer without the Aviation Authority having any liability to such Proposer at any time before the Concession Agreement with such Proposer has been fully executed and delivered to such Proposer.

D. No Concession Agreement shall be deemed to be in effect until the Aviation Authority has executed the same and a fully executed copy has been returned to the Proposer.

E. The Concession Agreement is included as an Attachment.

7. ELIGIBILITY AND PROPOSAL FORM

Any person, firm, partnership, corporation or limited liability company (“Proposer”) wishing to submit a

Proposal to operate this Concession located in the Terminal Complex at Orlando International Airport

("Airport") pursuant to the Concession Agreement must complete this form in full. This Eligibility and

Proposal Form should be completed by the Proposer and, unless otherwise directed, each question shall be answered with respect to the Proposer.

A Proposal will be considered irregular and may be rejected if such irregularity is determined, in the sole discretion of the Aviation Authority, to include a material defect; or if a Proposer does not submit an Eligibility and Proposal Form, completed and properly executed, (including Guarantor, if applicable);

or if a Proposer proposes to sublease or assign all of its rights under the Concession Agreement, to another person, firm or entity. Also, in the sole discretion of the Aviation Authority, a Proposal may be rejected if the information provided is incomplete, inconsistent or not responsive, contains conditions, limitations, or unauthorized alternate proposals or fee structures, fails to include required certifications or affidavits, or if a Proposer does not have the financial capability to operate the Concession.

If any question or item requested is not applicable to the Proposer or the Proposal, please indicate by inserting “Not Applicable” or “N/A” where applicable.

Unless otherwise directed, all uploaded files must be in PDF format. While OpenGov allows other file types to be uploaded, the Aviation Authority directs you to upload PDF files, except where a specific file type, such as Excel is required.

7.1. PROPOSER IDENTIFICATION

7.1.1. Proposer's name and address*

Maximum response length: 150 characters

*Response required

7.1.2. Proposer's contact's name, title, email address and phone number.*

Identify the person who is completing this proposal. The person must be duly authorized to submit a proposal.

Maximum response length: 150 characters

*Response required

7.1.3. Is the Proposer a Corporation?*

☐ Yes

☐ No

*Response required

When equals "Yes"

7.1.4. Enter the state were incorporated and year of incorporation*

Maximum response length: 50 characters

*Response required

When equals "Yes"

7.1.5. Is the stock publicly traded?*

☐ Yes

☐ No

*Response required

When equals "Yes"

7.1.6. If the corporation is privately held, what is (are) the name(s) of the owner(s), or beneficial owner(s)?*

Maximum response length: 200 characters

*Response required

7.1.7. Is the Proposer a Partnership?*

☐ Yes

☐ No

*Response required

When equals "Yes"

7.1.8. Upload fully executed, valid Partnership agreement here*

Name file: "Partnership Agreement - Proposer's Name".

*Response required

7.1.9. Is the Proposer a Limited Liability Company?*

☐ Yes

☐ No

*Response required

When equals "Yes"

7.1.10. Enter the State where the Proposer was organized and year of orgnaization*

Maximum response length: 50 characters

7.1.11. Is the Proposer a Joint Venture?*

☐ Yes

☐ No

*Response required

When equals "Yes"

7.1.12. Upload a fully executed copy of the Joint Venture Agreement and Organizational

Documents for each Joint Venture Partner*

Name file: "Joint Venture Agreement" or "Organizational Documents" as applicable.

*Response required

7.1.13. Is the Proposer a Sole Proprietorship?*

☐ Yes

☐ No

*Response required

7.2. FINANCIAL RESPONSIBILITY, LEGAL CRITERIA AND PRO FORMA

Whether or not the Proposer has demonstrated financial strength and stability, whether or not the

Proposer meets the legal criteria for operating the proposed concession, whether or not the Proposer is subject to legal disqualification, and the pro forma will be considered. Proposers which fail to demonstrate satisfactory financial strength and stability and the ability to meet legal obligations will be deemed not responsible, non-responsive, or both.

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

Authority has the sole discretion to require the successful Proposer to post a 100% contract Bond or Letter of Credit for the Minimum Annual Concession Fee. This criterion includes the Aviation Authority’s review of litigation, criminal proceedings, and legal ability to perform under state law.

If the Proposer does not state that its obligations will be guaranteed by a parent company, affiliated company, or other person or entity, then the Aviation Authority will only consider the financial strength of the Proposer in its evaluation. The Proposer cannot rely on financial information of any other entity unless the Proposer: 1) Submits a fully-executed Guarantor Affidavit; and 2) Submits financial information for the Guarantor.

7.2.1. Acknowledgement of Addenda*

By selecting "Confirm", I hereby acknowledge that I have reviewed revisions and all answers to questions published and any addenda up until the RFP closing date/time and have given consideration to all information in preparing the response to this RFP.

☐ Please confirm

*Response required

7.2.2. Registration with the State of Florida*

Upload registration here, name file "Registration - Proposer's Name".

*Response required

7.2.3. Proof of Insurability*

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

"Insurance".

*Response required

7.2.4. Certification Regarding Prohibition Against Contracting with Scrutinized Companies*

By selecting "Confirm", I hereby certify that neither the Proposer, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel

List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel.

I understand and agree that the Aviation Authority may immediately terminate any Concession

Agreement resulting from this RFP upon written notice if the Proposer (or any of those related entities of

Proposer as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized

Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) it is found to have been engaged in business operations in Cuba or Syria.

☐ Please confirm

*Response required

7.2.5. Conflict of Interest Form*

Please download the below form, complete, and upload. Name file "Conflict of Interest Form".

• GOAA-Public_Conflict_Form.pdf

*Response required

7.2.6. Drug-Free Workplace Certification*

https://government-project.s3.us-west-2.amazonaws.com/93369/9eb0e5e7-ff91-4137-8fd6-c99840092b9b_GOAA-Public_Conflict_Form.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4FZTWCKOO%2F20240822%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240822T183231Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEIr%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJHMEUCIQCZbdWwLbakKyhVEVtjTGRmztJ1lO8SEZgGoFPg9XSZhAIgAddaGG4bt8QkWqyFyC3RlHNPOKlXOVXBOW6dSQwufqQqjAUIk%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDPtb6UBi4t76oq%2F%2FAirgBC1NEsgLEHriXyrV4C4oYHaYWe%2BuGEXUWJydSjlPVzsgpTkj8Eusu3lklSZqwE9zzoQbQ2bTBObQ1WISkamt%2FiiV3M%2BhJKl9p3wkUs9cT%2B9bc%2BNsFuG1pWAqnZceEIhbTAfs6ws4oXBaR71F6BIbg61Cv8NQw2fLTJfRVbV1YcBt5Lgmv2pSw0gfrUecy%2FM30OEjV2BUT7NKYzsy3oKun9uhTd%2FpAwcyOb4nFqQ%2BHk%2FFXb1LzLIDQ3yGX%2Bh2C8kajAITuk97BTL%2F4b5KQLPXILVqsNDxrhmsHNg7Mc5R%2FehySVgIvaGguFLRjKT7YKTq0Zp0KkYcsiqcAWfyQr7MVxTLNQiBDH5IXlopWszEeZqwFLYmICCBRyi5UgOICCSmSKpuniTeAYohn%2BWEa1B%2BGNnF777kaYkScySdjaQ%2FJlnxFU6wtRql24jyNhvU32Yd4dIqYCyhJrMz8HdZCsMR%2BkLoR3UK0OWKeeMEDIzaztqlpZO7BXnGABNZvAD%2FAuK3Py7IWzdOv5hNuwhHXrCVxqxb5KkXF7sscqFkZ3TJf4FpR7BqtQrOZZi1oR506WxiIpwiwrrWMaoi6Ye%2FTAjVCT7V3SwoU5rGKwjuQfhPWCMJv8QFhJNL7wPifioSPNBomD7GiWdB3eQzviG%2B38zU2ZhyRg8Uy5NUqmpyoGcwgetIOSCNA69%2BNHRAAYkKVPkALRnpRPWOvVTmb6e7JZJv9Qlcs03WegyJeHffchuD6kHgErWGJtZUE9o13YvHHcIKcCfa86szgzCsg4pTjniOl2mXbdxM9KNo8oKHZP1YCat0MPn2nbYGOpsBcUGy5iIsLi%2BOzTPzF2y%2F2pc1n4xgV5h4nliqnIz%2FFnsbWGuZ2lxlMPr5Um3btd%2F%2B%2FL49n0Gmdwp6dmkWU37BWIyvlvQMgvQEoYTv2cJLlzn0K0f6zEzqpAgaJFIG%2FaFM0JtoZc2RmjXIFYgasb6x3IPLyMkq%2B0MQ3N79bDNXW%2FqGJK7BIcZWCnzkzLGZGt%2B3CAWEgsZCBAFGTM4%3D&X-Amz-Signature=d0bc376e2a305bdd2f985ec7764212c916fd6a7598fc4ca0d22b56f11f2ed916&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22GOAA-Public_Conflict_Form.pdf%22&x-id=GetObject

By selecting "Confirm", I certify, that if awarded, Proposer shall maintain a drug-free workplace in accordance with the Florida Drug-free Workplace Act during the duration of the Concession Agreement.

No employee shall be hired by a Concessionaire for work on the Aviation Authority's premises prior to such employee having tested negative for drugs. In addition, existing employees of the Concessionaire must be subject to drug testing by the Concessionaire upon reasonable suspicion of drug use. Results of all such drug tests are to be retained by the Concessionaire. Copies shall be provided to the Aviation

Authority, if requested.

☐ Please confirm

*Response required

7.2.7. Verification of Employment Status / E-Verify*

By selecting "Confirm", I hereby acknowledge and agree that use of the U.S. Department of Homeland

Security’s E-Verify System during the term of the Concession Agreement is a condition of the resulting

Concession Agreement with the Aviation Authority.

Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S.

Department of Homeland Security website: http://www/dhs.gov/E-Verify.

By entering into a Concession Agreement with the Aviation Authority, the Concessionaire becomes obligated to comply with the provisions of Section 448.095(2), Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien.

The Concessionaire shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of the resulting Concession Agreement or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court of Orange County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is terminated for a violation of the statute by the Concessionaire, the Concessionaire may not be awarded a public contract for a period of 1 year after the date of termination.

☐ Please confirm

*Response required

7.2.8. Discriminatory Vendor List Certification*

http://www/dhs.gov/E-Verify

By selecting "Confirm", I hereby certify that the Proposer, and any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have not been placed on the Discriminatory Vendor List by the

Department of Management Services. (287.134(3)(d), Fla. Stat.)

☐ Please confirm

*Response required

7.2.9. Public Entity Crimes Certification*

By selecting "Confirm", I hereby certify that the Proposer, and/or any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations have not been convicted of any public entity crimes nor have they been placed on the Convicted Vendor List by the Department of Management Services.

☐ Please confirm

*Response required

7.2.10. Will the obligations of the Proposer be guaranteed by any other entity, including natural persons

(Guarantor)?*

☐ Yes

☐ No

*Response required

When equals "Yes"

7.2.11. Provide the name of the Guarantor*

Maximum response length: 200 characters

*Response required

When equals "No"

7.2.12. Financial Strength without Guarantor*

By selecting "Confirm" I acknowledge that if there is no Guarantor, the Proposer's financial strength will be evaluated on its own. The Proposer cannot rely on any Affiliate’s financial strength, unless that entity is identified as a Guarantor.

☐ Please confirm

7.2.13. Confirmation for questions 2.12 - 2.26*

By selecting "Confirm", I acknowledge that questions 2.12 through 2.26 of this section are answered for the Proposer AND the Guarantor AND any joint venture partners of the Proposer. If the Proposer is a single-purpose entity with no previous operational history, the Proposer must name a Guarantor and must attach an affidavit guaranteeing the Proposer’s financial performance. If there is no Guarantor, only answer these questions for the Proposer.

☐ Please confirm

*Response required

7.2.14. List all officers and directors and list the owners of 5% or more of the Proposer’s, joint venture partner’s and/or Guarantor’s interests.*

Maximum response length: 5000 characters

*Response required

7.2.15. Has the Proposer, joint venture partner and/or Guarantor ever had a bond cancelled or forfeited or a stand-by letter of credit drawn upon by a creditor? *

☐ Yes

☐ No

*Response required

When equals "Yes"

7.2.16. Provide all details of the events including the names of all interested parties and the dates on which these events occurred.*

Maximum response length: 5000 characters

*Response required

7.2.17. During a concession term active in 2012 or later, has the Proposer, joint venture partner and/or

Guarantor ever failed to operate an airport or public space concession for the entire initial term of the concession? *

☐ Yes

☐ No

*Response required

When equals "Yes"

7.2.18. Provide all details about why the concession term was not completed, including the name of the public entity under which the concession was awarded.*

Maximum response length: 5000 characters

7.2.19. Has the Proposer, joint venture partner and/or Guarantor or any director, officer, partner of joint venture participant declared bankruptcy since 2012? *

☐ Yes

☐ No

*Response required

When equals "Yes"

7.2.20. Provide the name of the bankrupt entity or entities, the court in which the proceedings occurred, the case number, and the final disposition*

Maximum response length: 5000 characters

*Response required

7.2.21. Prior or Pending Convictions,…