Board of County Commissioners County Administrator Sara Baxter, Mayor Joseph Abruzzo Marci Woodward, Vice Mayor Maria G. Marino Gregg K. Weiss Joel G. Flores Maria Sachs Department of Airports Bobby Powell Jr. www.pbia.org

REQUEST FOR PROPOSALS

RFP NO. PB 26-2

Palm Beach County Department of Airports is seeking proposals for:

ADVERTISING CONCESSION AGREEMENT

AT THE PALM BEACH INTERNATIONAL AIRPORT

Date issued/available for distribution: June 11, 2026

Proposer shall submit (1) unbound original, five (5) hard copies, and one (1) electronic copy of the entire proposal in a PDF or similar format, which must be received by Department of Airports no later than Monday, July 13, 2026, at 3:00 p.m. local time. See Section 1.9 of this RFP for mailing instructions.

Mandatory Pre-Proposal Conference: Thursday, June 18, 2026, at 10:00 a.m. local time.

See Section 1.6 of this RFP for the location of the Mandatory Pre-Proposal Conference.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR SUBMISSION OF PROPOSALS AND THE RFP NUMBER.

C A U T I O N Amendments to this RFP will be posted on Palm Beach County Vendor Self-Service website at http://pbcvssp.pbc.gov/vssprd/Advantage4 as they are issued. 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 Request for Proposal package not downloaded from this website or purchased directly from the Palm Beach County Department of Airports.

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

http://www.pbia.org/ http://pbcvssp.pbc.gov/vssprd/Advantage4

TITLE VI SOLICITATION NOTICE

The Palm Beach County Commissioners, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4), 28 CFR § 50.3, and 49 CFR Part 21, hereby notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all contractors will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, creed, age, or disability in consideration for award.

Persons who require accommodations under the Americans with Disabilities Act or who require translation services (free of charge) should contact (561) 471-7403 at least seven

(7) days in advance of the meeting/conference to request an accommodation or translation services. Hearing impaired individuals are requested to telephone the Florida Relay System at #711.

AVISO DE CONVOCATORIA TITULO VI

La Junta de Comisionados del Condado de Palm Beach, de conformidad con las disposiciones del Título VI de la Ley de Derechos Civiles de 1964 (78 Stat. 252, 42 U.S.C.

§§ 2000d a 2000d-4), 28 CFR § 50.3 y 49 CFR Parte 21, por la presente notifica a todos los licitadores que garantizará de manera afirmativa que, para cualquier contrato celebrado conforme a este anuncio, todos los contratistas tendrán plena oportunidad de presentar ofertas en respuesta a esta invitación y no serán discriminados por motivos de raza, color, origen nacional, sexo, credo, edad o discapacidad del propietario al considerarse la adjudicación.

Las personas que requieran acomodaciones bajo la Ley de Americanos con Discapacidades o que necesiten servicios de traducción (gratuitos) deben comunicarse con (561) 471-7403 al menos siete (7) días antes de la reunión/conferencia para solicitar servicios de acomodación o traducción. Se ruega a las personas con discapacidad auditiva que llamen al número 711 del Florida Relay System.

TABLE OF CONTENTS

SECTION 1 GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 OPPORTUNITY OFFERED

1.3 INTRODUCTION

1.4 AIRPORT PASSENGER DATA

1.5 PASSENGER DEMOGRAPHICS/ADVERTISING HISTORICAL REVENUES

1.6 MANDATORY PRE-PROPOSAL CONFERENCE

1.7 QUALIFICATION OF PROPOSERS

1.8 TIMETABLE

1.9 PROPOSAL SUBMISSION

1.10 CONTACT PERSON

1.11 CONE OF SILENCE

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

1.13 DISCLAIMER

SECTION 2 TERMS AND CONDITIONS

2.1 ADHERENCE TO REQUIREMENTS

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

2.8 NEGOTIATIONS

2.9 RIGHT TO PROTEST

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.12 EXCEPTIONS TO THE CONCESSION AGREEMENT

2.13 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL

INTERESTS IN GOVERNMENT CONTRACTING

2.14 HUMAN TRAFFICKING AFFIDAVIT

2.15 SELECTION PROCESS

2.16 AWARD

2.17 SELECTION CRITERIA/SCORING INSTRUCTIONS

2.18 CONCESSION AGREEMENT PROVISIONS (“CONCESSION AGREEMENT”)

(ATTACHMENT “3”)

2.19 DISCLOSURE OF OWNERSHIP INTEREST

2.20 INSURANCE REQUIREMENTS

2.21 PERFORMANCE GUARANTEE

2.22 COMMENCEMENT OF WORK

2.23 NONDISCRIMINATION

2.24 FEDERAL CONTRACT PROVISIONS

2.25 VENDOR SELF SERVICE (“VSS”) REGISTRATION

2.26 CRIMINAL HISTORY RECORDS CHECK

TABLE OF CONTENTS

SECTION 3 PROPOSAL REQUIREMENTS

3.1 PROPOSAL FORMAT AND CONTENT

3.2 EXPERIENCE, QUALIFICATIONS AND FINANCIAL INFORMATION

3.3 DEVELOPMENT PLAN

3.4 OPERATIONAL AND MAINTENANCE PLAN

3.5 PROPOSAL RESPONSE FORM

3.6 AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISES (ACDBE) 35

3.7 PROPOSAL GUARANTEE

3.9 DRUG FREE WORKPLACE CERTIFICATION

SECTION 4 CONCESSION AGREEMENT

SECTION 5 ATTACHMENTS

SECTION 6 APPENDICES

SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposals (“RFP”) is issued by Palm Beach County, a political subdivision of the State of Florida (“County”), by and through its Department of Airports (“Department”), on behalf of the Palm Beach County Board of County Commissioners (“Board”). The Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Department (See Section 1.10, Contact Person).

1.2 OPPORTUNITY OFFERED

This RFP offers the opportunity to design, install, manage, maintain and operate an innovative and creative airport advertising program at the Palm Beach International Airport to be renamed the President Donald J. Trump International Airport effective July 9, 2026, in accordance with state law (“Airport”). A total of one (1) Advertising Concession Agreement will be awarded under this RFP. The County reserves the right to modify the advertising locations identified in this RFP in its sole discretion.

The Department’s goals in issuing this RFP are to:

a. Ensure the development of an innovative advertising program, which is aesthetically pleasing and complementary to the base building architecture and Airport finishes;

b. Reinforce a “sense of place” by using materials, forms, lighting, and design elements inspired by Palm Beach County and South Florida region in the design of advertising displays;

c. Incorporate a balance of national, local and “partner” advertising in the advertising program;

d. Provide innovative and discounted advertising opportunities for local events, public service announcements, and authorized tourism partners to support tourism promotion, economic development, and the management of major cultural, sports, and environmental assets, including the Palm

Beach County Tourist Development Council, The Palm Beaches, the

Cultural Council for Palm Beach County, the Palm Beach County Sports

Commission, the Palm Beach County Film and Television Commission, and the Palm Beach County Convention Center;

e. Create opportunities for diverse, small, and local businesses to participate in the advertising program through tiered products, pricing flexibility, and community-friendly content policies;

f. Incorporate new high-quality technology, offering real-time content updates and immersing passengers in the advertising experience;

g. Utilize space in the Terminal in ways that will optimize the effectiveness of advertisements;

h. Minimize visual clutter and distractions from informational and directional signage;

i. Generate strong, sustainable revenue through an advertising program that optimizes space utilization, employs competitive rate structures, and delivers consistent financial performance;

j. Maintain all advertising structures, digital systems, and program elements in excellent condition, ensuring safety, reliability, cleanliness, and visual quality at all times;

k. Maximize participation of small business concerns, including Airport

Concession Disadvantaged Business Enterprises and Palm Beach County

Small Business Enterprises in the performance of the concession;

l. Operate the advertising concession in full compliance with County guidelines, permitting requirements, industry standards, and community expectations, including content appropriateness and accessibility; and

m. Ensure the Airport’s advertising concession program remains fresh, dynamic, and responsive to evolving industry trends.

The initial term of the Concession Agreement will be five (5) years and shall commence on October 1, 2026, with the option of one (1) five (5) year renewal at the County’s sole option. The Agreement provides for a six (6) month transition period commencing on October 1, 2026, and expiring on March 31, 2027 (“Transition Period”). During the Transition Period, the selected proposer will pay a Monthly Percentage Fee (as defined in the Concession Agreement, Attachment “3” to the RFP), but shall not be required to pay the Minimum Annual Guarantee (as defined in the Concession Agreement, Attachment “3” to the RFP). After the expiration of the Transition Period, the selected proposer will be required to pay the greater of the Minimum Annual Guarantee or a Percentage Fee (as these terms are defined in the Concession Agreement, Attachment “3” to the RFP).

The selected proposer will be responsible for developing, implementing and managing the Airport’s overall advertising concession program (“Advertising Concession Program”), which duties shall include, but is not limited to, the following:

a. Develop and manage the Airport’s overall Advertising Concession Program in a manner that is professional and pleasing to the customers of the Airport. The

Department shall approve the final design and content of all advertising displays, materials and equipment;

b. Negotiate and prepare written contracts with potential advertisers, which shall be entered into by potential advertisers, subject to the approval of the Department;

c. Report to the Department regularly on marketing activities and executed advertising contracts;

d. Monitor and replace expired advertising with interim promotional advertising, as needed;

e. Clean, repair, and maintain Advertising Displays and related equipment; and

f. Perform all other management duties required to maintain and operate a first-class advertising program, while maximizing revenue for the Airport.

1.3 INTRODUCTION

The Airport 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 classified as a medium hub airport. The Airport is located approximately two and one-half (2.5) miles from downtown West Palm Beach and three and one-half (3.5) miles west of Palm Beach. The Airport has three (3) active runway surfaces; the longest runway is ten thousand eight feet (10,008). 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.

The McCampbell Terminal Building is a three-level commercial passenger terminal, which opened in 1988. The Terminal has two (2) second level concourses, accommodating twenty eight (28) aircraft parking gates, and a ground level commuter concourse. Two

(2) additional aircraft parking gates are currently under construction as a part of a major concourse expansion project.

Several domestic and international airlines currently serve the Airport with scheduled commercial flights arriving and departing daily. Commercial air carriers that offer service from the Airport include Air Canada, Allegiant, American, Avelo, BahamasAir, Breeze, Delta, Frontier, JetBlue, Porter, Southwest, and United. The Airport serves over 8.6 million commercial passengers annually and consistently ranks in the top five (5) for the busiest airports servicing private aircraft/general aviation in the United States. Detailed traffic statistics can be accessed on the Department’s website at http://www.pbia.org/business/reports/.

http://www.pbia.org/business/reports/

1.4 AIRPORT PASSENGER DATA

Statistical data for Airport passengers can be found on the Airport website at:

http://www.pbia.org/business/reports/.

Additional air carrier information can be found below, including the number of flights by hour during the months of October 2025 (low season) and March 2026 (high season), and air carrier concourse locations.

AVERAGE DAILY AIRLINE FLIGHTS BY HOUR

http://www.pbia.org/business/reports/

AIR CARRIER CONOURSE LOCATIONS

Location

Concourse A Service Type

BahamasAir Year Round

Allegiant Air Year Round

Avelo Airlines Year Round

Concourse B

Allegiant Air Year Round

American Airlines Year Round

Avelo Airlines Year Round

Southwest Airlines Year Round

United Airlines Year Round

Concourse C

Delta Airlines Year Round

Air Canada Seasonal (November – April)

Breeze Airways Year Round

Frontier Airlines Year Round

JetBlue Airways Year Round

Porter Airlines Seasonal (December – April)

1.5 PASSENGER DEMOGRAPHICS/ADVERTISING HISTORICAL REVENUES

Passenger demographic information can be found below. This information was compiled from Mobilytics data compiled in 2019 as well as customer surveys performed in March 2023.

Source of Visitation Trends

The following gross revenue data has been compiled from the monthly reports submitted to the Department by the current Concessionaire.

Fiscal Year (October 1 – September 30)

Gross Revenues Percentage Payment to County

2025 $2,536,283.04 $1,228,829.13

2024 $1,880,522.87 $911,113.33

2023 $1,673,659.36 $810,887.96

2022 $1,389,455.29 $673,191.08

2021 $968,709.09 $469,339.71

A list of the current advertising contracts will be provided to the selected proposer. The County has the right under the current advertising concession agreement to acquire, at no cost or expense, the current Concessionaire’s rights under all unexpired contracts for advertising for assignment to the new Concessionaire.

An inventory of existing advertising displays can be found in Attachment “1” to this RFP.

Photographs of various advertising displays can be found in Attachment “2” to this RFP.

It is the responsibility of each proposer to carefully examine this RFP and to judge for itself all the circumstances and conditions which may affect its proposal. Any data furnished by the County or the Department is for informational purposes only and is not warranted, including the data and information provided in Sections 1.4 and 1.5 of this RFP. Proposers use any such information at their own risk. Failure on the part of any proposer to examine, inspect and be completely knowledgeable of the terms and conditions of the Concession Agreement, the Airport, its future plans and operational conditions, or any other relevant documents or areas, shall not relieve the selected proposer from fully complying with this RFP.

Floorplans of the airport are confidential and exempt from public records disclosure under F.S. 119.071(3)(b). Written requests for access to the floorplans must be directed to the Contact Person(s) listed in Section 1.10 of the RFP and must include a fully executed Attachment “8”.

BY SUBMITTING A PROPOSAL, PROPOSER ACKNOWLEDGES THAT IT

UNDERSTANDS ALL OF THE INFORMATION CONTAINED IN THIS RFP AND

RELATED DOCUMENTS, AND THAT NO WARRANTY OR REPRESENTATION OF

ANY KIND IS BEING MADE BY THE COUNTY THAT THE PROPOSER WILL RECEIVE

ANY PARTICULAR LEVEL OF SALES, PROFITS OR OTHER ECONOMIC BENEFITS

BY ENTERING A BUSINESS RELATIONSHIP WITH THE COUNTY.

1.6 MANDATORY PRE-PROPOSAL CONFERENCE

All proposers are required to have a representative attend a Mandatory Pre-Proposal Conference, which will be held at the Department of Airports’ Administrative Offices, Main Conference Room, 846 Palm Beach International Airport, West Palm Beach, Florida 33406-1470, on Thursday, June 18, 2026, at 10:00 a.m. local time.

Please note that the Administrative Offices of the Department of Airports are NOT located in the McCampbell Terminal Building. Driving directions to the Department of Airports’ Administrative Offices are included as Attachment “6”.

At the Mandatory Pre-Proposal Conference, a County representative will be available to answer questions relative to this Request for Proposals; however, proposers should not rely on any oral representations, statements or explanations other than those made in this RFP or a formal Amendment to this RFP. Any questions or comments arising subsequent to the Mandatory Pre-Proposal Conference must be presented, in writing, to the Contact Person (See Section 1.10) prior to the date and time stated in the Timetable (See Section 1.8).

A PROPOSER’S FAILURE TO ATTEND THIS CONFERENCE SHALL RESULT IN

DISQUALIFICATION OF ITS PROPOSAL. All proposers shall be required to sign an attendance sheet, which will be collected at the end of the Mandatory Pre-Proposal Conference. Those arriving after the attendance sheet has been collected shall be considered as not in attendance for purposes of the Mandatory Pre-Proposal Conference.

In accordance with the provisions of ADA, auxiliary aids or services will be provided upon written request with at least five (5) business days’ notice.

Proposers may attend an optional site inspection of the Advertising Displays within the Airport Terminal, which will be conducted following the Mandatory Pre-Proposal Conference. Proposers are not required to attend the site inspection. Due to security requirements, the Department may limit inspection of the secured areas of the Terminal to not more than three (3) representatives from each proposer. Proposers shall also have the option of scheduling individual site inspections through the Contact Person prior to the deadline for submission of proposals. Prospective proposers shall not be permitted to disrupt the activities or operations of any Airport tenants or users when conducting any site visits.

1.7 QUALIFICATION OF PROPOSERS

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

1.8 TIMETABLE

The anticipated schedule and deadline for this RFP and approval of any resulting agreement is as follows:

Activity Date, Time and Location

RFP available for download on VSS website

On or about: Thursday, June 11, 2026, at the Purchasing Department VSS website:

https://pbcvssp.pbc.gov/vssprd/Advantage4

Mandatory Pre-Proposal Conference (See Section 1.6)

On Thursday, June 18, 2026, at 10:00 a.m. local time, in the Main Conference Room, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1470

Deadline for Submission of Written Comments/Questions

On Thursday, June 25, 2026, at 3:00 p.m. local time, to the Contact Person listed in Section 1.10.

Deadline for Submission of Proposals

On Monday, July 13, 2026, at 3:00 p.m. local time, at the Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1470

Selection Committee Meeting(s) and Oral Presentations (if conducted)

On Wednesday, July 22, 2026, at the Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1470

Award Date On Tuesday, September 15, 2026

Note: The Department reserves the right to alter the dates and/or times set forth above at the

Department’s sole and absolute discretion.

1.9 PROPOSAL SUBMISSION

All proposals must be submitted on 8½ x 11 inch paper. One (1) electronic copy of the proposal on CD or flash drive in PDF or similar format of the complete proposal, one (1) unbound original and five (5) hard copies of the complete proposal must be received by the Department no later than 3:00 p.m. local time on Monday, July 13, 2026. The electronic, original and all copies of the proposal 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:

Proposer Name Address Phone No.

Palm Beach County Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470 ATTN: Shawna Larose RFP No.: PB 26-2 Title: Advertising Concession Agreement

Due Date: Monday, July 13, 2026, at 3:00 p.m.

The Department’s office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the County. See Attachment “6” for driving directions to the Department of Airports Administrative Offices. Hand-carried proposals may be delivered to the above address ONLY between the hours of 8:30 a.m. and 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 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 proposing entity or other authorized person (“Authorized Person”).

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to provide the services required by this RFP at the proposed price identified therein.

No proposals will be accepted after the deadline for submission of proposals or at any location other than the location designated in this RFP.

1.10 CONTACT PERSON

There are two (2) contact persons for this RFP:

Shawna Larose Deputy Director – Airports, Real Estate and Concessions Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470 Telephone: (561) 471-7472 Fax No.: (561) 471-7427 E-mail: slarose1@pbia.org and

Allison Andujar Manager, Property Management Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470 Telephone: (561) 656-5978 Fax No.: (561) 471-7427 E-mail: aandujar@pbia.org

Proposers are advised that from the date of issuance of this RFP until award of the Concession Agreement, NO contact with Department staff (other than the Contact Persons) is permitted, except as authorized by the Contact Person or as otherwise authorized or contemplated by this RFP as a part of the solicitation process (e.g., submission of questions, contract negotiations, pre-proposal conferences, site inspections, etc…). NO contact is permitted with designated Selection Committee members concerning this RFP until the award of an agreement, except at the public selection committee meeting(s).

mailto:slarose1@pbia.org mailto:aandujar@pbia.org

1.11 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 an agreement 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, or a County Department authorized to act on their behalf, awards or approves a Concession 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 to award this Concession 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.

1.12 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made in writing via e-mail or U.S. Mail, no later than Thursday, June 25, 2026, at 3:00 p.m. local time, to the Contact Persons (See Section 1.10) above. The request must contain the proposer’s name, address, phone number, facsimile 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 submission of proposals.

Proposers should not rely on any representations, statements or explanation other than those made in this RFP or in any Amendment to this RFP. Where there appears to be a conflict between this RFP and any Amendment issued, the last Amendment issued shall prevail.

Amendments to this RFP will be posted on Palm Beach County Vendor Self-Service website at http://pbcvssp.pbc.gov/vssprd/Advantage4 as they are issued. 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 from this website or purchased directly from the Department.

It is the proposer’s sole responsibility to assure receipt of all Amendments. The proposer should verify with the designated Contact Person (See Section 1.10) that proposer has received all Amendments to this RFP prior to submission of its proposal.

http://pbcvssp.pbc.gov/vssprd/Advantage4

1.13 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 Concession 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.

SECTION 2

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

Proposers may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for submission of proposals specified in the RFP Timetable (See Section 1.8). 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 submission of proposals specified in the RFP Timetable (See Section 1.8) will not be accepted unless the Concession Agreement has been awarded to another proposer or no award has been made within ninety (90) days after the deadline for submission of proposals.

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

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the deadline for submission of proposals specified in the RFP Timetable (See Section 1.8) will 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 the 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 County may award an agreement on the basis of the initial proposals received without further negotiation. Therefore, each submitted proposal should contain the proposer’s best offer.

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 any 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 Intent to Award.

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. Any protest shall include a protest bond in the amount of: (i) One Thousand Five Hundred Dollars ($1,500) for solicitations less than One Million Dollars ($1,000,000); (ii) Three Thousand Dollars ($3,000) for solicitations One Million Dollars ($1,000,000) to less than Five Million Dollars ($5,000,000), or (iii) Five Thousand Dollars ($5,000) for solicitations Five Million Dollars ($5,000,000) or greater, which bond shall be remitted in the form of a money order, a certified check, a cashier’s check, or a bank check payable to Palm Beach County.

2.10 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, Florida Statutes, in the same manner as a second degree misdemeanor.

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including, but not limited to, 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, including, but not limited to, 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).

2.12 EXCEPTIONS TO THE CONCESSION AGREEMENT

Proposers should generally identify any proposed exceptions to the Concession Agreement (See Attachment “3”). Proposers should identify, in letter format to be included with the proposal, the section number and page number of any proposed exceptions to the Concession Agreement. The County is under no obligation whatsoever to accept any proposed exceptions to the Concession Agreement.

Proposals with modifications to any of the “Minimum 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 Concession Agreement, must be specific, and the Proposer must indicate clearly what alternative, or specific alternative language, 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 Concession Agreement included as Attachment “3” and are advised that the County is under NO obligation to accept any proposed exceptions or alternatives.

2.13 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR

IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING

Proposers are hereby notified of the provisions of Section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Proposer’s social, political, or ideological interests when determining if the Proposer is a responsible Proposer. Proposers are further notified that the County's governing body may not give preference to a Proposer based on the Proposer’s social, political, or ideological interests.

2.14 HUMAN TRAFFICKING AFFIDAVIT

The successful proposer shall be required to warrant and represent that it does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, and shall be required to execute a Nongovernmental Entity Human Trafficking Affidavit, in the form attached hereto as Appendix “B”.

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. 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 of this RFP) 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/Oral Presentations. The Selection

Committee shall meet to evaluate all responsive, responsible proposals. Each proposer may be required to make an oral presentation to the Selection Committee and will be allowed a maximum of fifteen (15) minutes to make their presentation. Oral presentations shall be limited to clarifying and further detailing the content of the written proposal submitted and to providing answers to the Selection Committee’s questions. The Selection Committee will not consider new or alternative proposals made during oral presentations; therefore, each written proposal submitted should contain the proposer’s best offer. In the event only one (1) responsive, responsible proposal is received, there will be no Selection Committee, and the Department, in its sole and absolute discretion, may elect to 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 “4” to this RFP, 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 Concession 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 Award Recommendation. The Department will post the award recommendation (“Notice of Intent to Award”) at the Department of Airports’ Administrative Offices for a period of five (5) business days for review by interested parties. The selected proposer will be notified directly of the Notice of Award Recommendation. To obtain a current posting of Notices of Intent to Award, please visit the Department of Airports website:

http://www.pbia.org under “Airport Business”.

2.15.3 Negotiations. After the posting of the Notice of Intent to Award, the County may elect to enter into negotiations with the selected proposer, subject to the terms, conditions and limitations set forth in this RFP. If, for any reason, the Concession Agreement cannot be awarded to the selected proposer or the County determines, in its sole and absolute discretion, that it is unable to negotiate a Concession Agreement with the selected proposer, the County 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 RFP process in its entirety. In the event the County elects to commence negotiations with the next highest ranked proposer, this process may continue until all proposals 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 Concession Agreement. The selected proposer shall deliver fully executed documents required by the County, in the form negotiated by the County and delivered to the selected proposer within ten (10) days of the County’s written request, unless this time frame is extended at the sole discretion of the County. In the event the selected proposer fails to deliver all required documents as required by this RFP within the prescribed timeframe, the County 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 required documents to the County in accordance with the requirements of this RFP, the County 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.

http://www.pbia.org/

2.16 AWARD

The Concession Agreement will be presented to the Board for consideration upon completion of the selection and negotiation process. The Concession Agreement shall not be effective until it is approved by the Board and signed by the parties thereto.

2.17 SELECTION CRITERIA/SCORING INSTRUCTIONS

See Attachment “4”, Selection Criteria/Scoring Instructions.

2.18 CONCESSION AGREEMENT PROVISIONS (“CONCESSION AGREEMENT”)

(ATTACHMENT “3”)

2.18.1 Concession Agreement. The selected Proposer will be required to execute a Concession Agreement in a form and substance similar to the attached Concession Agreement (Attachment “3”), subject only to negotiated exceptions submitted in accordance with Section 2.12.

2.18.2 Authorization to Sign. In addition to executing the Concession Agreement, the selected proposer will be required to complete a corporate resolution or notarized statement, indicating that the person having executed the Concession Agreement is authorized to legally bind the proposing entity.

Additionally, if a selected proposer is a partnership, all general partners must sign the Concession Agreement and the notarized statement. If the selected proposer is a joint venture, all members of the joint venture must sign the Concession Agreement and the notarized statement.

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 INSURANCE REQUIREMENTS

It is the responsibility of the selected proposer to provide evidence of the minimum amounts of insurance coverage specified in the Concession Agreement (Attachment “3”).

The selected proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the term of the Concession Agreement, insurance coverages and limits (including endorsements) as described in the Concession Agreement (Attachment “3”). Failure to maintain the required insurance shall be considered a material default of the Concession Agreement. The requirements contained therein, as well as the County’s review or acceptance of insurance maintained by the selected proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the selected proposer under the Concession Agreement. Each “Additional Insured” endorsement shall read: “Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, and Employees, c/o Palm Beach County Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406 E-Mail: properties@pbia.org, or as otherwise approved of modified by County.

2.21 PERFORMANCE GUARANTEE

Pursuant to Article 5 of the Concession Agreement, the Concessionaire will be required to post and maintain a surety bond or a clean, irrevocable letter of credit, in form and substance and issued by a company satisfactory to County, in an amount equal to fifty percent (50%) of the Minimum Annual Guarantee (“Performance Guarantee”) as security for the performance of obligations thereunder. The Performance Guarantee shall be kept in full force and effect throughout the Term of the Concession Agreement and for a period of six (6) months after the expiration or earlier termination of the Concession Agreement.

The Performance Guarantee shall not be returned until all obligations under the Concession Agreement are performed and satisfied. The failure to provide and maintain current Performance Guarantee shall constitute a material default by the Concessionaire and shall be grounds for immediate termination of the Concession Agreement.

2.22 COMMENCEMENT OF WORK

The 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 a Concession Agreement is approved and executed by the Board of County Commissioners. The County will not be responsible for any work conducted by a proposer, even if performed in good faith, if such work occurs prior to the approval and execution of the Concession Agreement by the Board of County Commissioners.

2.23 NONDISCRIMINATION

Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2025-0748, as may be amended, Concessionaire warrants and represents that throughout the term of the Concession Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, or genetic information. Failure to meet this requirement shall be considered default of the Concession Agreement.

mailto:properties@pbia.org

As a condition of entering into this Concession Agreement, the Concessionaire represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution R2025-0748, as amended. As part of such compliance, the Concessionaire shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Concessionaire retaliate against any person for reporting instances of such discrimination. The Concessionaire shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County. The Concessionaire understands and agrees that a material violation of this clause shall be considered a material breach of this Concession Agreement and may result in termination of this Concession Agreement, disqualification or debarment of the company from participating in County contracts, or other sanctions.

This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. Concessionaire shall include this language in its subcontracts.

2.24 FEDERAL CONTRACT PROVISIONS

Proposers shall be required to comply with all applicable requirements of the Federal Contract Provisions set forth in the Concession Agreement, which may be amended or updated from time to time upon written notice by the County to the Concessionaire, without formal amendment hereto.

2.25 VENDOR SELF SERVICE (“VSS”) REGISTRATION

In order to do business with Palm Beach County, proposers are required to create a Vendor Registration Account or activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (“VSS”) system at https://pbcvssp.pbc.gov/vssprd/Advantage4. The selected proposer 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.

2.26 CRIMINAL HISTORY RECORDS CHECK

All individuals working at the Airport must pass a Criminal History Records Check (“CHRC”). Each individual requesting unescorted access authority onto the Airport Security Identification Display Area (“SIDA”), Sterile Area and the Air Operations Area (AOA), will be required to submit to a finger-print based Criminal History Records Check that does not disclose that the individual has a disqualifying criminal offense, as listed in 49 CFR 1542.209. When determining if an individual will be granted unescorted access to the AOA, the Department of Airports Security Office will apply the policies and procedures set forth in 1542.209.