Board of County Commissioners County Administrator

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

REQUEST FOR PROPOSAL

RFP NO. PB 21-2

Palm Beach County Department of Airports is seeking Proposals for:

AIRPORT MEDICAL TESTING CENTER AGREEMENT

AT THE PALM BEACH INTERNATIONAL AIRPORT (PBI)

Date issued/available for distribution: December 7, 2020

Proposer must submit one (1) unbound original and five (5) hard copies, PLUS one (1) electronic copy in a PDF format on a CD or flash drive, of the complete proposal to be received in the offices of the Department of Airports no later than Tuesday, January 5, 2021, 10:00 a.m. local time. See Section 1.10 of the RFP for Mailing/Delivery Instructions.

A Pre-Proposal Conference will be held commencing at 10:00 a.m. local time, on Wednesday, December 9, 2020 (See Section 1.6 of this solicitation).

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR THE RECEIPT OF PROPOSALS AND THE RFP NUMBER.

C A U T I O N

Amendments to this Request for Proposal will be posted on the Palm Beach County Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system.

It is the proposer’s sole responsibility to routinely check the VSS system for any amendments that may have been issued prior to the deadline for receipt of bids.

Palm Beach County shall not be responsible for the completeness of any RFP document, amendment, exhibit or attachment that was not downloaded from the VSS system or obtained directly from the Department of Airports. A link to the VSS system is posted on the Palm Beach County Department of Airports website: http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs”.

Palm Beach County, in accordance with Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d-2000d-4) and the regulations, hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to the solicitation, disadvantaged business enterprises will be afforded full opportunity to submit proposals and will not be discriminated against on the grounds of regard to race, color, or national origin in consideration of an award.

Public participation is solicited without regard to race, sex, color, religion, creed, ancestry, national origin, disability, familial status, sexual orientation, age, marital status, gender identity or expression or genetic information. Persons who require accommodations under the Americans with Disabilities Act or who require translation services (free of charge) should contact the individual listed above at least seven (7) days in advance of the meeting/conference. Hearing impaired individuals are requested to telephone the Florida Relay System at #711.

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

(561) 471-7400 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService http://www.pbia.org/

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposal (RFP) is issued for the County of Palm Beach, hereinafter referred to as “County”, by the Department of Airports. The Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Department. See Section 1.11, Contact Person.

1.2 OBJECTIVES / OPPORTUNITY OFFERED

Palm Beach County is seeking proposals from qualified and experienced firms to operate and manage an on-site Airport medical testing center (the “Test Center”) at the Palm Beach International Airport (“Airport” or “PBI”) for the primary purpose of collection of samples for laboratory analysis from Airport-ticketed passengers and employees, for screening of the disease commonly referred to as “Coronavirus” or “COVID-19” (severe acute respiratory syndrome coronavirus 2, or SARS-CoV-2 virus).

It is the intent of the County to enter into one (1) Airport Medical Testing Center Agreement (the “Agreement”) (see Attachment “1”) with the selected proposer (the “Provider”). The Provider shall be required to offer FDA-approved COVID-19 diagnostic and antigen tests, including FDA-approved polymerase chain reaction (PCR) and antigen or rapid point-of-care tests, to: (a) PBI passengers with testing to occur within seventy-two (72) hours before or after a flight, as evidenced by a boarding pass, ticket or other documentation; and (b) employees, contractors and personnel affiliated with the Airport, which shall be generally documented by such person holding a PBI-issued identification or other work documentation, including identification of an airline, airline service provider, tenant or concessionaire at the Airport (“Minimum Services”). COVID-19 testing offered should be sufficient to meet the requirements for both interstate and international air travel to destinations accepting or requiring COVID-19 testing prior to travel. Provider shall not be permitted to administer, or market the availability of, COVID-19 testing at PBI to the general public. The Provider shall provide all equipment (including sufficient personal protective equipment), staffing, oversight and coordination of medical testing services at the Airport in accordance with the terms and conditions of the Agreement. The Provider shall be required to staff the Test Center with qualified medical and administrative personnel. The Provider shall be responsible for implementing best practices for environmental cleaning procedures in healthcare facilities recommended by the Centers for Disease Control and Prevention. The Test Center shall be operated at least Monday- Friday, a minimum of eight hours a day, with the exact hours dependent on operational needs.

The Provider may elect to, but is not required to, propose related medical services and screenings, such as flu shots or other vaccinations, blood pressure screening, drug and alcohol testing, and limited urgent care, or to dispense COVID-19 vaccine at such time vaccines become readily available in such environments, as approved by the Department (such services are referred to as “Additional Services”). The Minimum Services and

Additional Services are collectively referred to as the “Services”, and the Provider’s operation under the Agreement is referred to as the “Operation”. Provider shall pay rental to County for use of the Test Center space. See Section 1.5, Test Center Space, for further information.

Currently, nearly four-thousand (4,000) personnel hold PBI airport badges, but additional personnel and contractors may work in pre-security environments, or at locations such as rental car facilities or perform duties at fixed base operators (“FBOs”) that do not require issuance of an airport badge. No assurances or representations are made as to the likelihood of any personnel or passenger using the Services of the Provider.

As part of County’s selection and award of the Agreement under this RFP, County will evaluate each proposer’s experience and ability to provide highly reliable and cost-effective testing and medical services, with the ability and willingness to represent PBI and the County positively and enthusiastically by providing outstanding customer service to all users. Provider will be required to provide and maintain adequate staffing, equipment, supplies and other resources at the Test Center, and to maintain sufficient laboratory resources to process the anticipated level of test samples within industry-standard timeframes. The cost of Services shall be at competitive rates and cooperation with health insurance providers for reimbursement is preferred.

1.3 COVID-19 AND ITS EFFECTS

The disease commonly referred to as COVID-19 is a mild to severe respiratory illness that is caused by a coronavirus (severe acute respiratory syndrome coronavirus 2, or SARS-CoV-2 virus), and is reported to be transmitted chiefly by contact with infectious material (such as respiratory droplets) or with objects or surfaces contaminated by the causative virus, and is characterized especially by fever, cough, and shortness of breath and may progress to pneumonia and respiratory failure. The United Stated Centers for Disease Control and Prevention (“CDC”), suggests that transmission of the Coronavirus in the United States likely began in late January or early February, 2020, on the west coast and that the virus spread undetected for more than a month. COVID-19 has had an unprecedented effect on all aspects of business, travel and life in general. Beginning particularly in March 2020, states, counties, municipalities and businesses alike initiated increasingly severe measures in an effort to isolate, contain and stop the spread of Coronavirus. These measures began with emphasis on cleanliness and “social distancing”, and ultimately resulted in the prohibition of gatherings, the closure of certain businesses, restrictions on movement (including travel), and “stay at home” recommendations and orders. COVID-19’s unprecedented effect on the economy, including air travel and the businesses that support air travel and rely on it, are on-going and cannot be adequately described in this document.

Various cities, states and countries have imposed quarantines on persons entering those jurisdictions. Some authorities accept evidence of a negative COVID-19 test result as mitigation to reduce, or even eliminate, those quarantine requirements. Several airports are beginning to offer COVID-19 screening as part of an overall effort to improve the health and safety of the airport community and to facilitate safe air travel. On-airport screening provides a convenient location for passengers and airport-based employees to receive screening. Passenger and/or employee COVID-19 screening is currently provided, or coming soon, at airports including the following: JFK, EWR, LGA, SFO, TPA, SLC, BOS, MSP, PHX, HNL, OAK, BDL, ANC, SEA, FLL, MIA, LAX and ATL.

PBI, as all other airports, experienced a substantial decline in passenger traffic as a result of the pandemic. In the calendar year-ending December 31, 2019, PBI handled nearly seven (7) million total passengers (including nearly 3.5 million arriving passengers). In February 2020, passenger traffic increased 11% over February 2019. However, beginning in March 2020, airports, including PBI, experienced a sudden and severe decline in the number of flights and passengers. April 2020 passenger traffic declined by more than 96% below April 2019 levels, with 23,842 passengers. Passenger traffic has increased from these historic low levels, and is currently approximately 60% less than pre-pandemic levels. Future passenger traffic levels are impossible to predict. The following table summarizes airline passenger traffic from October, 2019, through October, 2020, is listed below:

Month Total Passengers Enplaned Deplaned Oct-19 468,846 227,015 241,831 Nov-19 582,868 290,292 292,576 Dec-19 730,246 347,785 382,461 Jan-20 709,872 364,126 345,746 Feb-20 722,969 357,132 365,837 Mar-20 419,932 226,309 193,623 Apr-20 24,624 14,735 9,889 May-20 59,595 31,219 28,376 Jun-20 117,682 61,901 55,781 Jul-20 114,746 61,123 53,623 Aug-20 113,627 56,975 56,652 Sep-20 133,367 66,893 66,474 Oct-20 190,762 90,681 100,081

Monthly passenger statistics reports are available on the Airport’s website at http://www.pbia.org/business/reports/. Any conclusions drawn from monthly passenger statistics reports are at a proposer's sole risk and proposers are advised to not rely on past passenger data as a reliable indicator of future passenger trends.

1.4 GENERAL AIRPORT BACKGROUND INFORMATION

PBI is owned by the County and operated by the Department. Located along the southeast coast of Florida, Palm Beach County is the largest county east of the Mississippi River. The Airport is located approximately 2.5 miles from downtown West Palm Beach and 3.5 miles west of Palm Beach. The Airport has three active runways;

http://www.pbia.org/business/reports/ the longest runway is 10,008 feet. Facilities at the Airport are capable of supporting a full range of commercial and general aviation aircraft. The Airport serves a mix of personal, leisure, and business-related travel. PBI is classified as a medium hub airport, handling between 6.5 to 7 million passengers in a typical year prior to the COVID-19 pandemic.

Domestic and international commercial air carriers that offer service from the Airport include American, Delta, Frontier, JetBlue, Southwest, United, Spirit, Air Canada, Allegiant and BahamasAir.

The McCampbell Terminal Building is a three-level commercial passenger terminal, which opened in 1988. The Terminal Building encompasses approximately 561,000 square feet, has two (2) second level concourses, accommodating 28 aircraft parking gates and a ground level commuter concourse. Airline clubrooms, the concession mall as well as landside and airside restaurants and shops are located on the second level. Airline ticketing is located on the third level of the Terminal Building, and baggage claim and ground transportation areas are located on the ground level.

1.5 TEST CENTER SPACE

The Agreement provides for the use of interior, pre-security space at the McCampbell Terminal Building. At the time of RFP-issuance, it is contemplated that proposers may indicate a preference of either of two (2) possible pre-security locations described below.

The Provider shall not be permitted to allow customers to stage outside or stand in lines outside the Test Center location in other areas of the Airport. The Test Center proposed must have sufficient interior space to provide an appropriately-sized waiting area for all customers anticipated to utilize the Services provided at the Test Center. Proposers should take into consideration customer demand as well as available waiting area space in determining the location to be proposed for the provision of the Services.

Test Center Space Alternative “A” (see Attachment “2-A”):

Test Center Space Alternative “A” contains approximately 283 total square feet of space and is located at the east end of Level One (Baggage Claim) of the Terminal Building.

Test Center Space Alternative “A” consists of two (2) areas, separated by a door with a window. The first area measures approximately 11.82’ x 10.53’ (approximately 121 square feet; Room 1327) and the second area measures approximately 11.82’ x 14.09’ (162 square feet; Room 1328). There is pump riser equipment in a closet in Room 1328 that must remain unobstructed. The space is within ten-feet of the east outside doors to the Terminal Building, allowing clients to wait outdoors. Minimum initial annual rental for Test Center Space Alternative “A” is $19,609.07 ($1,634.09 per month).

Test Center Space Alternative “B” (see Attachment “2-B”):

Test Center Space Alternative “B” contains approximately 1,343 total square feet of space, and is located near the center of Level Two of the Terminal Building, at the west end of the central atrium area. Test Center Space Alternative “B” consists of a single open area, and measures approximately 37.47’ x 35.95’. Test Center Space Alternative “B” has two (2) double-door access points. Minimum initial annual rental for Test Center Space Alternative “B” is $93,056.47 ($7,754.71 per month). Test Center Space

Alternative “B” is the location of the Pre-Proposal Conference and Site Inspection (See Section 1.6)

In the Proposal Response Form (Appendix “A”), proposers shall indicate the desired preference of either Test Center Space Alternative “A” or Test Center Space Alternative “B”. Final determination of which space will be available to the Provider will be made by County in County’s sole and absolute discretion. Proposers should be aware that the Department may require relocation of the Test Center space upon written notice, as provided in Section 4.01, Description of Premises Leased; Relocation of the Premises, of the Agreement (Attachment “1”).

Test Center Rental. Annual rental, stated on a per-square foot basis, shall be the “Base Rental Rate” (see Section 5.07, Adjustment of Rates for Rentals, of the Agreement) times a “multiplier” (see Section 2.b of the Proposal Response Form, Appendix “A”) to produce the resulting rental rate. The initial Base Rental Rate is $69.29 per square foot, per year.

$69.29 is the terminal rental rate for non-signatory airlines, through September 30, 2021, in accordance with “Rate and Fee Schedule”. The Rate and Fee Schedule is adjusted annually, each October 1, and over the past ten (10) year period, the annual terminal rental rate for non-signatory airlines has ranged from a low of $68.55 to a high of $77.84 per square foot While it is not possible to forecast the amount of future rental adjustments, current and past-year copies of the Rate and Fee Schedule (a/k/a “rates and charges”) are posted on the Airport’s website at http://www.pbia.org/business/-business-ratescharges/.

Test Center Utilities and Improvements. Electric utilities are provided by County.

Provider shall be responsible for its own internet service and janitorial service. There is no water service to either Test Center space. Public restrooms are located nearby each Test Center location. The Test Center will be delivered in “broom clean” condition and Provider will be responsible for its own improvements, including, but not limited to, replacement of carpeting and painting (if necessary). Improvements to the Test Center space must be approved in advance by the Department. See Article 6, Obligations of Provider, and Article 14, Alterations or Additions; Signs, of the Agreement.

Security and Parking. Test Center personnel will be subject to the Airport Security Program as provided in Section 6.09, Airport Security Program, of the Agreement.

Employees will be able to park in the Airport’s employee parking area, as provided in Section 6.10, Employee Parking, of the Agreement.

1.6 PRE-PROPOSAL CONFERENCE AND SITE INSPECTION

A Pre-Proposal Conference will be held by the Department of Airports, at Test Center Space Alternative “B” (see Attachment “2-B”), on Level Two of the PBI Main Terminal Building, 1000 James L. Turnage Boulevard, West Palm Beach, FL 33406, commencing at 10:00 a.m. local time on Wednesday, December 9, 2020.

Participation in the Pre-Proposal Conference is not required, but is strongly encouraged.

In accordance with County social distancing guidelines, it is requested that proposers limit http://www.pbia.org/business/-business-ratescharges/ http://www.pbia.org/business/-business-ratescharges/ attendees at the Pre-Proposal Conference to no more than two (2) persons, and all participants will be required to wear a face mask or covering.

Proposers who do not participate in the Pre-Proposal Conference may miss critical information, and may therefore submit a proposal that is incomplete or deemed non-responsive. It is anticipated that an amendment to the RFP will be issued subsequent to the Pre-Proposal Conference, and such amendment will be posted on the VSS website.

The purpose of the Pre-Proposal Conference is to discuss the objectives and requirements of the RFP, the opportunity offered, and key provisions of the Agreement (Attachment “1”); to visit both alternative Test Center locations; to receive feedback and answer any questions potential proposers may have about the RFP; and to answer any general questions about the solicitation process. Any questions or comments arising subsequent to the Pre-Proposal Conference must be presented in writing prior to Monday, December 14, 2020, 10:00 a.m. local time, as stated in the Timetable (Section 1.9) of this RFP, to be considered in possible amendment(s) to the RFP.

Proposers are invited to familiarize themselves with the PBI passenger Terminal Building, and may conduct independent site inspection(s) of the public areas at the proposer’s sole discretion. Prospective proposers shall be required to follow posted guidance pertaining to social distancing and the use of facial coverings and shall not be permitted to disrupt the activities or operations of any Airport tenants or users.

1.7 TERM

The initial term of the Agreement will commence upon approval by the Board of County Commissioners (“Commencement Date”) and terminate on September 30, 2021, unless terminated sooner pursuant to the terms and conditions of the Agreement. The Agreement shall automatically be renewed on a year-to-year basis (October 1st through September 30th), unless either party elects not to renew the Agreement by providing no less than thirty (30) days advance written notice to the other party prior to the expiration of the then current term (see Section 3.02, Term, of the Agreement). The Agreement may be terminated for convenience upon thirty (30) days’ advance written notice by either party (see Section 12.02, Termination for Convenience, of the Agreement).

1.8 QUALIFICATION OF RESPONDENTS

All proposers to this RFP shall have demonstrated experience in supplying such services and shall meet all criteria/requirements identified in this RFP.

1.9 TIMETABLE

The anticipated schedule for this RFP and the Agreement are as follows:

Activity Date/Time Location RFP available for download from Purchasing Dept. VSS

On or about Monday, December 7, 2020 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

Pre-Proposal Conference and Site Inspection (See Section 1.6)

Wednesday, December 9, 2020, 10:00 a.m. local time

PBI Main Terminal Building, 1000 James L. Turnage Blvd., Level Two, at Test Center Space Alternative “B” (depicted in Attachment “2-B”)

Deadline for receipt of written questions or comments (See Section 1.13)

Monday, December 14, 2020, 10:00 a.m. local time

Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406 E-mail: ray.walter@pbia.org Fax: 561-471-7427

Deadline for receipt of proposals (See Section 1.10)

Tuesday, January 5, 2021 10:00 a.m. local time

846 Palm Beach International Airport West Palm Beach, FL 33406

Selection Committee Meeting/Oral Presentations (if required)

Friday, January 8, 2021 2:00 p.m. local time

McCampbell Conference Room Level 3, East End (east of the Delta ticket counters) Palm Beach International Airport 1000 James L. Turnage Blvd., West Palm Beach, FL 33406

Award Date/Effective Date of Agreement

February 9, 2021 (Tentative)

Palm Beach County Board of County Commissioners, Regular Agenda

Commencement of Operations

February 9, 2021 (Tentative)

Upon Approval by the Board of County Commissioners

NOTE: Department reserves the right to alter the above activities and/or times at the Department’s sole discretion.

1.10 PROPOSAL SUBMISSION

All proposals must be submitted on 8 ½” x 11” paper, with print on one side only.

One (1) unbound original, and five (5) hard copies, PLUS one (1) electronic copy in PDF format (CD or flash drive) of the complete proposal package must be received at the front desk at the Department of Airports no later than Tuesday, January 5, 2021, 10:00 a.m.

local time. Proposals received after the deadline for submittal will not be accepted. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

mailto:ray.walter@pbia.org

Proposer Name Address Phone No.

Palm Beach County Department of Airports 846 Palm Beach International Airport West Palm Beach, Florida 33406-1407 ATTN: Ray Walter, Deputy Director RFP No. PB 21-2

Title: Airport Medical Testing Center Agreement Due Date: January 5, 2021, 10:00 a.m. local time.

The Department’s office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service.

The Proposal Response Form (Appendix “A”) must be signed by an officer of the company who is legally authorized to enter into a contractual relationship in the name of the proposer (“Authorized Person”).

The submission of a signed Proposal Response Form by a proposer will be considered by the County as constituting a legal offer by the proposer to perform the required services at the proposed terms identified therein.

1.11 CONTACT PERSON

The contact person for this RFP is:

Ray Walter, Deputy Director Airports Real Estate & Concessions

Telephone: (561) 471-7429 E-mail: ray.walter@pbia.org Fax: (561) 471-7427

Proposers are advised that from the date of issuance of this RFP until award of the Agreement, NO contact with County staff and/or designated Selection Committee members concerning this RFP is permitted, except as authorized by the contact person designated herein.

mailto:ray.walter@pbia.org

1.12 CONE OF SILENCE

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioner’s staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award a contract regarding its proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves the Agreement, rejects all proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioner’s Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award the Agreement via written communication, i.e., fax, e-mail, or U.S. Mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

1.13 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via e-mail, fax or U.S. Mail, no later than 10:00 a.m. local time, on Monday, December 14, 2020, to the address listed in this RFP Timetable (See Section 1.9) or e-mail address listed for the Contact Person (See Section 1.11) above. The request must contain the proposer’s name, address, phone number and e-mail address.

Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the Deadline for Receipt of Proposals. Proposers should not rely on any representations, statements or explanation other than those made in the RFP or in any Amendment to this RFP. Where there appears to be a conflict between the RFP and any Amendment issued, the last Amendment issued shall prevail.

Amendments to this RFP will be posted on the Palm Beach County Vendor Self Services Website: https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService as they are issued. Proposers should register or activate an account on the Palm Beach County Vendor Self Services Website listed above.

It is the sole responsibility of proposers to routinely check this website for any Amendments that may have been issued prior to the deadline for submission of proposals. Palm Beach County shall not be responsible for the completeness of any RFP package not downloaded directly from this website.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (See Section 1.11) prior to entering a proposal that all Amendments have been received. Proposers are required to acknowledge the receipt of all Amendments as part of their proposal.

1.14 DISCLAIMER

All documents and information, whether written, oral or otherwise, provided by the County relating to this RFP are being provided solely as an accommodation and for informational purposes only, and the County is not making any representations or warranties of any kind as to the truth, accuracy, or completeness of such documents or information, or as to the sources thereof. The County shall have no liability whatsoever relating to such documents and information and all parties receiving the same shall not be entitled to rely on such documents and information, but shall have a duty to independently verify the accuracy of the information contained therein. Failure on the part of any proposer to examine, inspect and be completely knowledgeable of the terms and conditions of the Agreement, the Airport, its future plans and operational conditions, or any other relevant documents or matters, shall not relieve the selected proposer from fully complying with this RFP. This RFP, and any subsequent award pursuant thereto, are not dependent on expectations of passenger traffic or customer demand for the services contemplated herein, and proposers should complete their own investigations and form their own conclusions as to likelihood that passenger traffic may increase, decrease or remain the same.

SECTION 2

GENERAL TERMS AND CONDITIONS

2.1 ADHERENCE TO REQUIREMENTS

Proposers guarantee their commitment, compliance, and adherence to all requirements of this RFP by submission of their proposals.

2.2 MODIFIED PROPOSALS

Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for receipt of proposals. The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the deadline for receipt of proposals will not be accepted unless the Agreement has been awarded to another proposer or no award has been made within ninety (90) days after the deadline for receipt of proposals.

Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable until the time the Agreement is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the Deadline for receipt of proposals specified in the RFP Timetable (See Section 1.9) are late and shall not be considered.

2.5 RFP POSTPONEMENT / CANCELLATION

Notwithstanding any provision of this RFP to the contrary, the County, in its sole and absolute discretion, shall have the right to reject any and all, or parts of any and all, proposals; commence a new solicitation process; postpone or cancel this RFP process;

and/or waive any non-material irregularities in this RFP or the proposals received as a result of this RFP. In addition, the Board may reject any proposal prior to award.

2.6 COSTS INCURRED BY PROPOSERS

All expenses incurred with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne by the proposer.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Proposers are hereby notified that all information submitted as part of, or in support of, proposals will be available for public inspection after opening of proposals, in compliance with Chapters 119 and 286, Florida Statutes, popularly known as the “Public Records Law” and the “Government in the Sunshine Law” respectively.

2.8 NEGOTIATIONS

The Department may recommend the award of an Agreement to the Board on the basis of the initial proposals received without further negotiation; therefore, each submitted proposal should contain the proposer’s best offer. Negotiations, if any, will be conducted by a designated representative of the Department. No negotiation team shall be established for this RFP.

2.9 RIGHT TO PROTEST

For purposes of this RFP, the term “Purchasing Code” shall mean Chapter 2, Article III, Division 2, Part A, of the Palm Beach County Code. Section 2-55 of the Purchasing Code is hereby incorporated into this RFP by reference (“Protest Procedures”). Although this solicitation is exempt from the Purchasing Code, the Department has elected to utilize the Protest Procedures set forth in the Purchasing Code for this RFP. By responding to this RFP, all proposers agree that the Protest Procedures set forth in the Purchasing Code are applicable to this RFP and shall comply with said procedures.

Any proposer may protest any recommendations for award of the Agreement in accordance with Protest Procedures by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Award

Recommendation. Protests must be submitted in writing, addressed to the Director of Purchasing at the Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415 and delivered via hand delivery, mail or fax to

(561) 242-6705.

2.10 AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE

(“ACDBE”)

No minimum ACDBE participation goal has been established for this RFP. If ACDBE Participation is proposed, the proposer should complete Section 4 of the Proposal Response Form (Appendix “A”), and the proposer should submit the required documentation listed in Section 3.5.3 with the proposal. If no ACDBE participation is proposed, the proposer should leave Section 4 of the Proposal Response Form (Appendix “A”) blank. See Section 3.5 of this RFP for additional information.

2.11 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, F.S., in the same manner as a second degree misdemeanor.

2.12 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. Proposers are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered, to include Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.13 AIRPORT SECURITY PROGRAM; CRIMINAL HISTORY RECORDS CHECK

Proposer shall be subject to and agrees to observe the Airport Security Program as well as all federal, state and local laws, rules and security requirements applicable to operations at the Airport, as now or hereafter promulgated or amended, including, but not limited to, Title 14, Part 139 of the Code of Federal Regulations, and Title 49, Part 1542 of the Code of Federal Regulations, and the Palm Beach County Criminal History Record

Check Ordinance (No. R-2013-023, as amended). Refer to Section 6.09, Airport Security Program, of the Agreement (see Attachment “1”) for additional information.

2.14 EXCEPTIONS TO THE RFP

Proposers should identify any proposed exceptions to the Agreement (See Attachment “1”). Proposers shall identify, in letter format to be included with the proposal, the section number and page number of any proposed exceptions to the Agreement. The County is under no obligation whatsoever to accept any proposed exceptions to the Agreement. Proposals with modifications to any of the minimum Proposal Requirements as stated in Section 3 of this RFP will be deemed non-responsive.

All exceptions taken, including any proposed modifications or changes to the Agreement, must be specific, and the proposer must indicate clearly what alternative is being offered to allow the County a meaningful opportunity to evaluate the proposal. Proposers shall be prepared to execute an Agreement substantially similar to the sample Agreement (Attachment “1”) and are advised that the County is under NO obligation to accept any proposed exceptions or alternatives.

2.15 SELECTION PROCESS

2.15.1 Evaluation of Proposals

a. Determination of Responsiveness. All proposals timely received will be opened internally by the Department. A list of proposers that have submitted proposals in response to this RFP will be recorded. Each proposal will be evaluated by the Department for responsiveness. A responsive proposal is one which has been signed, has been submitted by the specified submission time and conforms to the requirements of this RFP. Failure to provide the information required to be submitted with the proposal (as stated in Section 3) is considered sufficient cause to deem a proposal non-responsive.

While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of a proposal, especially information relating to establishing financial/business stability. Proposers, who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

b. Selection Committee Meeting. A Selection Committee meeting will be held to evaluate all responsive proposals. The Selection Committee meeting is scheduled to be held at the McCampbell Conference Room, Level 3, East End (east of the Delta Airline ticket counters), Palm Beach International Airport, 1000 James L. Turnage Blvd., West Palm Beach, FL 33406, on January 8, 2021, commencing at 2:00 p.m., local time. No arrangements will be made for the meeting to be held in a “virtual” format. The Selection Committee shall meet in public session as necessary to score each proposal by reviewing each proposal against the selection criteria established for this RFP.

i. Proposers may attend the Selection Committee meeting, but attendance is not required unless the Department notifies proposers in advance that an oral presentation will be required.

In accordance with County social distancing guidelines, it is requested that proposers limit attendees at the Selection Committee meeting to no more than two (2) persons.

ii. Each written proposal submitted should contain the proposer’s complete best offer and description of Services. However, an oral presentation, additional written information, internal staff analysis, proposer presentations, outside consultants, and/or any other information may be required, at any time during the selection process, to help the Selection Committee determine the final ranking of proposers.

The Selection Committee may determine, as the result of additional information, that the impact of this information is significant and may be considered in the scoring and/or ranking, at the discretion of the Selection Committee.

iii. In the event only one (1) responsive, responsible proposal is received, the Department, in its sole and absolute discretion, may elect to cancel the Selection Committee meeting and negotiate with the only proposer or cancel this RFP process.

c. Raw Scoring/Individual Selection Committee Member Ranking. The Selection Committee will evaluate and score each proposal by reviewing the proposal against the selection criteria set forth in Attachment “3”, Selection Criteria/Scoring Instructions. Selection Committee members may not assign equal total scores to proposals (i.e., each proposal must be assigned a varying number of total points). Each Selection Committee member shall rank the proposals based upon the total score assigned to each proposal by such member. The proposal with the highest total score will be ranked first (1st) by each member, the proposal with the next highest score will be ranked second (2nd) by each member and so on until all proposals have been ranked.

d. Final Scoring and Ranking. After each Selection Committee member has ranked all of the proposals, the individual Selection Committee members’ rankings for each proposal shall be totaled to establish an overall total score for each proposal. The proposal with the lowest total score will be ranked first (1st), the proposal with the next lowest total score will be ranked second (2nd) and so on until all proposals have been ranked.

In the event of a tie, the proposal that received the most first (1st) place rankings from the individual Selection Committee members will receive the higher rank. In the event a tie remains, the proposal with the highest raw score based upon the total number of points assigned by all Selection Committee members will receive the higher rank.

e. Final Ranking by Selection Committee. After the Selection

Committee has established a final ranking for all proposals, the Selection Committee will review the rankings and make its recommendation for award of the Agreement to the proposer whose proposal was ranked first (1st) by the Selection Committee.

f. Rights Reserved. Notwithstanding any provision of this RFP to the contrary, the County, in its sole and absolute discretion, shall have the right to reject any and all, or parts of any and all, proposals;

commence a new solicitation process; postpone or cancel this RFP process; and/or waive any non-material irregularities in this RFP or the proposals received as a result of this RFP. In addition, the Board may reject any proposal prior to award.

2.15.2 Recommended Award. The Department will post the award

recommendation (“Notice of Recommended Award”) at the Department’s Administrative Offices for a period of five (5) business days for review by interested parties. The selected proposer will be notified of the recommendation for award via e-mail.

2.15.3 Negotiation. After the posting of the Notice of Recommended Award, the

Department will enter into negotiations with the selected proposer, if applicable. If, for any reason, the Agreement cannot be awarded to the selected proposer, or the Department determines that it is unable to negotiate an Agreement with the selected proposer, the Department may elect to cancel the award recommendation and commence negotiations with the next highest ranked proposer, issue a new solicitation or elect to cancel the RFP process in its entirety. In the event the Department elects to commence negotiations with the next highest ranked proposer, this process may continue until an Agreement has been executed by a proposer or all proposers have been rejected. Proposers shall not have any rights against the County, its officers, employees or agents arising from negotiations.

2.15.4 Execution of Agreement. Proposers should note the Department’s goal of presenting the Agreement to the Board of County Commissioners as early as possible following the Selection Committee meeting. In order to meet the deadlines associated with award of this Agreement, proposers should anticipate that only a short time will be provided for the proposer’s review, execution and return of the Agreement to the Department, in the form negotiated by the Department and the selected proposer, including three (3) original, fully-executed and witnessed copies; Security Deposit (see Section 5.04, Security for Payment, of the Agreement); certificate(s) of insurance (see Article 7, Insurance, of the Agreement); corporate documentation; and any other information that may be required to complete the agenda item package. The selected proposer shall deliver all documents required by the Agreement, to the Department in the form negotiated by the Department and the selected proposer within three (3) business days of the Department’s written request, unless this timeframe is extended at the sole discretion of the Department. In the event the selected proposer fails to deliver the Agreement and associated documents as required by this RFP within the prescribed timeframe, the Department may, in its sole and absolute discretion, elect to cancel the award recommendation and commence negotiations with the next highest ranked proposer, issue a new solicitation or elect to cancel the procurement process in its entirety. Should the selected proposer fail to execute and deliver the Agreement to the Department in accordance with the requirements of this RFP, the Department may cancel the award recommendation and, if such failure occurs as a result of proposer’s bad faith or its failing to comply with the representations in its proposal, the proposer’s proposal guarantee shall be forfeited as liquidated damages and the proposal shall be deemed rejected.

2.16 VENDOR SELF SERVICE (“VSS”) REGISTRATION

In order to do business with Palm Beach County, contractors 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. If Provider intends to use subcontractors, Provider must also ensure that all subcontractors are registered in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until County has verified that Provider and all of its subcontractors are registered in VSS.

DOCUMENTATION EVIDENCING THE PROPOSER’S REGISTRATION IN VSS

SHALL BE INCLUDED WITH THE PROPOSAL RESPONSE.

2.17 SELECTION CRITERIA

See Attachment “3”, Selection Criteria / Scoring Instructions.

2.18 AWARD OF CONTRACT

The award, if any, will be made to the responsive, responsible proposer whose proposal is considered to be the most advantageous to the County based on the Selection Committee’s opinion after review of every such proposal including, but not limited to, price.

Upon review and approval of the Selection Committee’s recommendation for award, the Department will post the award recommendation at the Department and on the Department’s website at www.pbia.org for a period of five (5) business days for review by interested parties prior to final approval of the award. The selected proposer will be notified of the recommendation for award. The recommended awardee shall provide documentation that demonstrates that the individual(s) executing the Contract has the authority to do so and to legally bind the recommended awardee. A contract must be completed and executed by the successful proposer and the County and, when appropriate, by the Board of County Commissioners before it becomes valid and effective.

If these conditions and contract negotiations, if applicable, are not met and/or completed within a reasonable timeframe as determined by the County, the County may elect to cancel the Recommended Award to that proposer and make the award recommendation to the next most advantageous proposer. This process may continue until such time as the County has determined to cancel the procurement in its entirety.

2.19 DISCLOSURE OF OWNERSHIP INTERESTS

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interests affidavit (DOIA, Appendix “C”) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable.

Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, F.S., whose interest is for sale to the general public.

Upon request from the Department, the recommended awardee shall submit a completed DOIA (Appendix “C”) within a reasonable time, as requested. If the recommended awardee fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the Recommended Award.

2.20 AGREEMENT PROVISIONS (ATTACHMENT “1”)

The selected proposer will be required to execute a contract substantially in the form of the attached Airport Medical Testing Center Agreement (Agreement) (Attachment “1”) subject only to negotiated exceptions. If a proposer has comments related to any of the provisions in this RFP and/or the Agreement, comments must be made, in writing, no later than the deadline for receipt of written questions or comments specified in the RFP Timetable (See Section 1.9) (See also Section 1.13).

http://www.pbia.org/

The Agreement provisions (general and specific) will be incorporated into any contract resulting from this RFP. Should any selected proposer and the County be unable to consummate a written contract, the County may proceed to the next most advantageous proposal as determined by the Selection Committee or issue a new solicitation or cancel the procurement process in its entirety.

2.21 COMMENCEMENT OF WORK

County shall have no obligations whatsoever to any proposer by virtue of this RFP or any negotiations conducted hereunder. The County’s obligations shall not commence until an Agreement is approved and executed by the Board. County will not be responsible for any expenses incurred or work conducted by a proposer, even if performed in good faith, if such work occurs prior to the approval and execution of the Agreement by the Board of County Commissioners.

2.22 INSURANCE REQUIREMENTS

It shall be the responsibility of the successful proposer to provide evidence of the minimum amounts of insurance coverage specified in the Agreement, Article 7.

2.23 DRUG FREE WORKPLACE CERTIFICATION

Proposers should submit, with their proposal, an executed Drug Free Workplace Certification (Appendix “B”) indicating that proposer has implemented a Drug Free Workplace Program which meets the requirements of Section 287.087, F.S.

2.24 HIPAA COMPLIANCE

THE PARTIES ACKNOWLEDGE THAT AT NO TIME IN THE PERFORMANCE OF THE

AGREEMENT, WILL THE COUNTY HAVE…