AUTOMATED TELLER MACHINE (ATM) CONCESSION (On-Airport) at Myrtle Beach International Airport (MYR)

Transcription

1 REQUEST FOR PROPOSALS for AUTOMATED TELLER MACHINE (ATM) CONCESSION (On-Airport) at Myrtle Beach International Airport (MYR) RFP# Proposals Due: 2:00 PM Local Time, December 6, 2017 Prepared by: Horry County Department of Airports 1100 Jetport Road, Myrtle Beach, SC and Horry County Procurement Office 3230 Hwy 319 East, Conway, SC Requests for information regarding this Request For Proposals should be directed to the Office of Procurement. Page 1 of 63

2 Table of Contents Advertisement... 3 Instructions to Proposers... 4 Objective & Scope of Services RFP Response Requirements Required Forms Proposer Information Proposer Certification Financial Offer ACDBE Utilization Statement ACDBE Intent to Perform Proposal Bond References Non Collusion Affidavit Acknowledgement of Addenda Attachments Attachment 1 Sample Myrtle Beach International ATM Concession and Lease Agreement Page 2 of 63

3 Advertisement COUNTY OF HORRY Horry County, South Carolina, is requesting for its DEPARTMENT OF AIRPORTS (HCDA) proposals to enter into a concession and lease agreement for the right and privilege to install, operate and maintain in good working-order Automated Teller Machines (ATM) Concession (On-Airport) at the Myrtle Beach International Airport (MYR). Proposals shall be submitted no later than 2:00 PM local time, December 6, 2017 in the Office of Procurement at address stated below. Only the names of the Proposers will be announced. Any proposals received later than the 2:00 PM deadline will be considered "LATE" and not be accepted. No facsimiles, s or telephone submissions will be accepted. Proposals shall be enclosed in a sealed envelope, clearly marked RFP # ATM Concession (On-Airport) at MYR on the outside of the envelope and be delivered or mailed to: Horry County Office of Procurement, 3230 Hwy 319 EAST, Conway, South Carolina The award of a concession and lease agreement will be in accordance with applicable sections of the Horry County Code of Ordinances and is contingent upon approval by the County Council by way of a threereading Ordinance. A Proposal Guarantee is required. Each proposal must be accompanied by a Bank Cashier s Check or Certified Check made payable to Horry County, in the amount of Five Thousand and no/100 ($5,000.00) Dollars as a guarantee that the successful Proposer will enter into a concession and lease agreement with Horry County. The Required Proposal Bond Form must be completed and attached with the Bank Cashier s Check or Certified Check submitted. A Site Visit will be held at 10:00 AM local time, November 8, 2017 at Myrtle Beach International Airport, Administration Offices, Terminal B, 1100 Jetport Road, Myrtle Beach, SC The solicitation (RFP) document and associated addenda can be accessed from the County s website by visiting Contact information for this Project: Ms. Amy Norris via norrisa@horrycounty.org or The Horry County Department of Airports, 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) and the Regulations, hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Horry County Department of Airports to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. ### Page 3 of 63

4 I. INSTRUCTIONS TO PROPOSERS A. GENERAL Sealed proposals shall be enclosed and secured in an envelope/package and properly marked and displayed on outside of envelope/package bearing the name and address of Proposer, solicitation name and solicitation number. No other information shall be included or written on the outside of the proposal envelope/package. Horry County shall not be responsible for unidentified proposals. Proposals either hand-delivered or mailed should be addressed to: Director of Procurement, Horry County Office of Procurement, 3230 Hwy 319 EAST, Conway, South Carolina Proposals shall be submitted no later than 2:00 PM local time, December 6, 2017 in the Office of Procurement at address stated above. Only the names of the Proposers will be announced. No facsimiles, s or telephone proposals will be accepted. Any proposal received later than the 2:00 PM deadline will be considered a LATE and will not be accepted. B. EXAMINATION OF RFP DOCUMENT Prior to submitting a proposal, each Proposer shall carefully examine the RFP documents and thoroughly familiarize themselves with the submittal and project requirements thereof, and notify Owner of all conflicts, errors, or discrepancies. The Proposer shall certify their proposal correctly by completing the required Proposer Certification Form. All proposals shall be entered in ink or typewritten. Proposals may be rejected if any omissions, alteration of form, additions not called for, or any irregularities of any kind are shown. The proposal shall remain firm for not less than one hundred-eighty (180) calendar days from the due date. The Proposer s name and solicitation number shall be included when specifications or descriptive papers are submitted with proposal. By submission of a proposal, the Proposer guarantees that all services offered meet the requirements of the solicitation. C. SITE VISIT A Site Visit will be held at 10:00 AM local time, November 8, 2017 at Myrtle Beach International Airport, Administration Offices, Terminal B, 1100 Jetport Road, Myrtle Beach, SC D. QUESTIONS Submit written questions to norrisa@horrycounty.org, Attention: Director of Procurement, not later than 2:00 PM, Local Time, November 27, Place careful attention to ensure that RFP ATM Concession (On-Airport) at MYR is included in the subject line of the message. E. ADDENDUM If it becomes necessary to revise any part of this RFP, an addendum will be provided in writing and posted to the Horry County website. All addenda issued by Horry County must be acknowledged in writing by the Proposer. Verbal information obtained otherwise will not be considered in the Page 4 of 63

5 awarding of the proposal. It shall be the Proposer s responsibility to ensure that s/he has all addenda by visiting the Horry County Procurement website: procurement/bids.aspx F. TAXES When applicable, Horry County pays seven percent (8%) sales tax; the sales tax rate for the City of Myrtle Beach is eight percent (9%). Myrtle Beach International Airport (MYR) is within the City of Myrtle Beach city limits. G. LICENSES All Proposers must be properly licensed to do business in the State of South Carolina and must comply with the Code of Laws of South Carolina, including Section , when applicable. Your company does not need to be based in South Carolina; however, Proposers are required to submit evidence of all professional licenses required to complete the work as part of the RFP submittal. Failure to comply may be automatic grounds for rejecting the submittal as non-responsive. A City of Myrtle Beach Business License will be required after execution of concession and lease agreement; reference Article 4.09 of Attachment 1 Sample Automated Teller Machine (ATM) Concession and Lease Agreement. H. MISCELLANEOUS PROVISIONS This Request for Proposals will be conducted in accordance with Horry County Procurement Code and Regulation (this ordinance can be found in its entirety on the County s web site: /0/docs/procurement/CodeandReg.pdf ). Horry County reserves the right to reject any or all proposals and further reserves the right to waive technicalities and formalities in proposals as well as to accept in whole or in part such proposal or proposals where it deems it advisable in protection of the best interest of the County. The County shall be the sole judge as to whether proposals submitted meet all requirements contained in this procurement. This procurement does not commit the County of Horry to award a contract, to pay any costs incurred in the preparation of the submitted proposal, or to procure or contract for goods of services listed herein. Costs associated with proposal preparation, oral interviews or presentations shall be the sole responsibility of the Proposer. Horry County hereby notifies all those responding to this RFP that, in accordance with the provisions of the Civil Rights Act of 1964 (4Chapter 21, Title 42, of the U.S. Code) and Regulations promulgated in connection therewith, that it will affirmatively ensure that any contract entered into pursuant to this RFP, disadvantaged business enterprises will be afforded full and fair opportunity to make submittals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Page 5 of 63

6 I. CONTRACT AWARD This RFP is anticipated to result in one (1) award. Only those interested parties who respond to the RFP may be considered for contract award. Whether or not discussions or negotiations are held, a contract award will be made to the Proposer whose proposal is deemed most advantageous to the County, considering all evaluations factors listed herein. Horry County shall be the sole judge of this determination; therefore, award may be made to other than the highest lease price. A Notice of Intent to Award or Notice of Award will be ed to all proposers who respond to this RFP. The Evaluation Team will determine the most advantageous proposal based upon the evaluation criteria and recommend the selected Proposer. The County may request additional information, including best and final offer, from one or more interested parties after the submission of the initial proposals in order to clarify, confirm, or properly evaluate any proposals. The County also reserves the right to negotiate terms of the contract with the intended firm pursuant to the County's Procurement Regulation that may be viewed in its entirety by visiting If awarded, selected firm will be required to sign a Concession and Lease Agreement (reference Attachment 1). A copy of the firm's proposal may be incorporated by reference to the Lease Agreement; however, in the event of any ambiguity, the County's agreement and Procurement Code and Regulation will prevail. The County reserves the right to accept or reject any or all proposals received as a result of this RFP, or to negotiate separately with competing proposers, and to waive any informalities, defects, or irregularities in any proposal, or to accept that proposal which in the judgment of the proper officials, is in the best interest of the County. Attachment 1 Sample Automated Teller Machine (ATM) Concession and Lease Agreement contains additional terms and conditions that will be required of the successful Proposer. J. TERM OF AGREEMENT The term of this Agreement shall be for three (3) years. Upon mutual agreement between the County and the successful Proposer, the term of the Agreement may be extended for two (2) additional terms, each for a period of one (1) year. K. PROPOSAL GUARANTEE Each proposal must be accompanied by a Bank Cashier s Check or Certified Check made payable to Horry County, in the amount of Five Thousand and no/100 ($5,000.00) Dollars as a guarantee that the successful Proposer will enter into a concession and lease agreement with Horry County. The Required Proposal Bond Form must be completed and attached with the Bank Cashier s Check or Certified Check submitted. The aforementioned guarantee, is to be retained by the Horry County Department of Airports as liquidated damages in the event the successful Proposer fails to enter into the contract as provided herein, or upon failure to comply with all of the conditions made in its proposal. Page 6 of 63

7 Proposal guarantees submitted by an unsuccessful Proposer will be returned within thirty (30) calendar days after execution of an Automated Teller Machine (ATM) Concession and Lease Agreement (On-Airport) by the County and the successful Proposer(s), or after all Proposals are rejected. Proposal guarantees of the successful Proposer shall be refunded after receipt by the County of the required documents as described in Section 3.9 below and per Attachment 1, Sample Automated Teller Machine (ATM) Concession and Lease Agreement. Should the successful Proposer fail to execute the Concession and Lease Agreement and submit the required documentation within thirty calendar (30) days of the County s issuance of a Notice of Intent to Award, the Proposer s Proposal guarantee shall be retained by the County as liquated damages. L. SECURITY DEPOSIT A security deposit in the amount of fifty percent (50%) of the highest Minimum Annual Guarantee (MAG) will be required. Reference Attachment 1, Sample Automated Teller Machine (ATM) Concession and Lease Agreement, Article XV, Security Deposit. M. GRIEVANCE Any actual or prospective submitter who is aggrieved in connection with this procurement or award of a contract may protest to the County Administrator. The protest shall be submitted in writing within fourteen (14) days after such aggrieved person knows or should have known of the facts giving rise thereto provided that grievance has been made in accordance with solicitation requirements. Please reference Subchapter 15-3-Bid Protests of the Horry County Code & Regulation by visiting: N. FREEDOM OF INFORMATION STATEMENT Procurement information shall be a public record to the extent required by Chapter 4 of Title 30, Code of Laws of South Carolina (1976, as amended) (The Freedom of Information Act), with the exception that commercial or financial information obtained in response to a Request for Qualifications which is privileged and confidential if so designated by the proposer shall be protected from disclosure. Such information must be clearly marked as CONFIDENTIAL by those submitting responses for each section of information so affected. Privileged and confidential information is information in specific detail not customarily released to the general public, the release of which might cause harm to the competitive position of the party supplying the information. O. INSURANCE REQUIREMENTS Reference Attachment 1 Sample Automated Teller Machine (ATM) Concession and Lease Agreement, Articles VII. Indemnification & Insurance, 7.04 Insurance & Article VIII. Damage or Destruction of Premises for additional information on requirements pertaining to insurance. The successful Proposer shall provide proof of all required insurance(s). The County of Horry shall be named as an additional insured on all liability policies and be provided with thirty (30) days notice prior to cancellation, modification or reduction in limits of any stipulated insurance. Insurance shall Page 7 of 63

8 indemnify the County against any and all claims arising under or as a result of the performance of the contract. P. INDEPENDENT CONTRACTOR STATUS The selected proposer shall not, by entering into an Agreement, become a servant, agent, or employee of Horry County, but shall remain at all times an independent contractor to the County. The Agreement shall not be deemed to create any joint venture, partnership, or common enterprise between the vending contractor and Horry County, and the rights and obligations of the parties shall not be other than as expressly set forth. Q. LEGAL STATEMENT Reference below in Section III. RFP Response Requirements, 9. Legal Statement. R. AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) The requirements of 49 CFR Part 23, regulations of the U.S. Department of Transportation, apply to this concession. It is the policy of the Horry County Department of Airports (HCDA) to ensure that ACDBEs, as defined in Part 23, have an equal opportunity to receive and participate in concession opportunities as well as the following: i. To ensure nondiscrimination in the award and administration of opportunities for concessions by airports receiving DOT financial assistance; ii. iii. iv. To create a level playing field on which ACDBEs can compete fairly for opportunities for concessions; To ensure that our ACDBE program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet this part s eligibility standards are permitted to participate as ACDBEs at Horry County Airports; v. To help remove barriers to the participation of ACDBEs in opportunities for concessions at our airport; and vi. To provide appropriate flexibility to our airport in establishing and providing opportunities for ACDBEs. These requirements apply to all concessions firms and suppliers, including those who qualify as an ACDBE. An ACDBE concession specific goal of 0.00% has been established for this concession. Even though the ACDBE goal is 0.00%, Proposers are highly encouraged to obtain participation from ACDBEs. This goal will be measured as a percentage of total Gross Revenues. The Proposer shall make good faith efforts, as defined in Appendix A, 49 CFR Part 23 ( to meet the concession specific goal for ACDBE participation in the performance of this concession. In order for an ACDBE to count towards the goal, the ACDBE must be certified by the State of South Carolina Department of Transportation (SCDOT) and identified in the South Carolina Unified Page 8 of 63

9 Certification Program at time of proposal submission; Proposers are required to submit the following information: i. The names and addresses of ACDBE firm(s) that will participate in the concession. ii. iii. iv. A description of the work that each ACDBE will perform. The dollar amount of the participation of each ACDBE firm participating. Written and signed documentation of commitment to use an ACDBE. S. LAWS v. Written and signed confirmation from the ACDBE that it is participating in the concession as provided in the Proposers commitment. Compliance with EEOC and other State and Federal Laws: To the extent set forth in the respective statutes, Submitter shall comply with the provisions of: 1. Title VII of the Civil Rights Act of 1964; 2. Age Discrimination in Employment Act of 1967; 3. Title I of the Americans with Disabilities Act of 1990; 4. Equal Pay Act of 1963; 5. Fair Labor Standards Act of 1938; 6. Immigration Reform and Control Act of 1986; and 7. South Carolina Wages Act, S.C. Code et seq. 8. South Carolina Worker s Compensation Act, S.C. Code et seq. 9. South Carolina Illegal Immigration Reform Act, including without limitation Chapters 14 & 29, Title 8, and Chapter 8, Title 41, S.C. Code of Laws. 10. Part 681, Title 16 of the Code of Federal Regulations, Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003; 11. South Carolina Act 190 of 2008; Financial and Identity Theft Protection Act; 12. Horry County Privacy / Identity Theft Policy. Article X in Attachment 1, Sample Myrtle Beach International Automated Teller Machine (ATM) Concession and Lease agreement, contains additional required provisions for the agreement: a. General Contract Requirements b. General Civil Rights Provisions I. Sponsor Contracts II. Sponsor Lease Agreements & Transfer Agreements c. Civil Rights Title VI Assurances I. Compliance with Nondiscrimination Requirements II. Clauses for Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program Page 9 of 63

10 III. Title VI List of Pertinent Nondiscrimination Acts and Authorities d. Federal Fair Labor Standards Act (Federal Minimum Wage) e. Occupational Safety and Health Act of 1970 T. TITLE VI SOLICITATION NOTICE The Horry County Department of Airports, 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) and the Regulations, hereby notifies all proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The requirements of 49 CFR part 26 apply to this contract. It is the policy of the Horry County Department of Airports to practice nondiscrimination based on race, color, sex or national origin in the award or performance of this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Submit one (1) original, one (1) paper copy and one (1) electronic copy in Adobe PDF format on a USB storage drive. *** End of Instructions to Proposers *** Page 10 of 63

11 II. OBJECTIVE AND SCOPE OF SERVICES A. OBJECTIVE To enter into a concession and lease agreement for the right and privilege to install, operate and maintain in good working order, two (2) Automated Teller Machines (ATMs) at Myrtle Beach International Airport (MYR); one (1) ATM pre-security and one (1) ATM post-security. B. BACKGROUND INFORMATION The Myrtle Beach International Airport (MYR) is the gateway to Myrtle Beach, South Carolina and the Grand Strand. MYR is owned by Horry County and operated by the Horry County Department of Airports (HCDA). MYR is currently served by four (4) signatory air carriers (Spirit Airlines, American Airlines, Delta Air Lines and Allegiant Air) and three (3) non-signatory air carriers (United Airlines, WestJet Airlines, and Porter Airlines), all together offering non-stop service to over thirty-six (36) cities. 1. PASSENGER STATISTICAL INFORMATION The following data is provided for informational purposes only. Any conclusions drawn by a Proposer are done at the Proposers risk. A breakdown of deplaned passengers for the past six (6) calendar years is as follows: Calendar Year Total Enplanements Total Deplanements Total Passengers , ,097 1,482, , ,568 1,664, , ,734 1,749, , ,720 1,830, , ,041 1,942, (January July) 650, ,769 1,316,561 For a detailed monthly breakdown of passenger enplanements and deplanements per air carrier serving MYR, please visit 2. PAST ATM CONCESSION TRANSACTION DATA The following data is provided for informational purposes only. Any conclusions drawn by a Proposer is done at the Proposers sole risk. A breakdown of the number of monetary transactions, per unit, for the past three (3) full calendar years (CY) is as follows: Page 11 of 63

12 CY 2014 CY 2015 CY 2016 Month Pre- Post- Pre- Post- Pre- Post- Security Security Security Security Security Security January February March April May June July August September October November December C. SPECIFICATIONS ATMs shall be PCI compliant. Proposer should visit the PCI Security Standards Council at: Reference Article 5.11(a) of Attachment 1 Sample Automated Teller Machine (ATM) Concession and Lease Agreement. ATMs shall be attractive, functional and resistant to rough usage. ATMs must be able to execute transactions using MasterCard, Visa, American Express and Discover. Services offered at the ATMs shall include (at a minimum) account inquiries, cash withdrawals, fund transfers and cash advances. The ATMs must have integrated, up-to-date computer technology capable of advanced functions, including LAN connectivity and System Management capabilities for predicting, assisting and reporting maintenance. The ATMs will also need to have an electronic journal or host journal for storing various types of operational information. ATMs should reflect proper brand and signage with prior approval from the HCDA. The ATMs shall display all written directions necessary to instruct customers in the operation of the ATM and a list of ATM transaction fees, transaction surcharges, or any other fees charged and to whom the transaction fees apply. They shall also display either electronically or have affixed to them information for obtaining ATM services and/or refunds. ATMs must be ADA (American with Disabilities Act) compliant and have voice and braille guidelines. The ATMs must have the capability to dispense multiple denominations of cash. Page 12 of 63

13 The ATMs shall have the capability of being programmed in at least two (2) languages, English and Spanish. Proposer must include a list of all languages available with the ATMs proposed. The selected Proposer shall be required to meet all security requirements, including but not limited to, compliance with Airport and federal directives, background checks and badging requirements (see below Section D, Badging Requirements). Any necessary expenses to comply with security requirements shall be the responsibility of the successful Proposer. D. BADGING REQUIREMENTS This successful Proposer will fall under the Airport s security requirements. Security badges and training will be required. All supervisory and full time employees working on the post-security concession shall be badged. All personnel working within active sterile areas must be badged by the Airport. Badged individuals must pass a ten (10) year background check and participate in a training course. Electronic fingerprint images will be prepared by Airport Operations Center personnel and forwarded for Federal processing. All personnel working within the sterile area (post-security) shall possess and clearly display their security identification badge at all times. The successful Proposer shall designate one individual as the Certifying Official for the concession. This designation needs to be on company letterhead designating the individual as the Certifying Official for the concession. This letter needs to be received by the Communication Department prior to the first badge application submission. The Communications Department can supply a template to use. The badge application is available online; Applications can either be completed online or printed and taken to the Communications Center at least twenty-four (24) hours prior to fingerprinting. It is very important that the Certifying Official verifies that the applications are filled out completely and correctly. E. SCHEDULE OF EVENTS* Date Task (Due Dates) Remarks 10/24/17 RFP Package Available 11/8/17 Site Visit Wednesday 10:00 AM 11/27/17 Last Day for Questions Monday 2:00 PM 11/29/17 Issue Last Addendum Wednesday 5:00 PM 12/6/17 RFP Submittals Due Wednesday 2:00 PM 12/20/17 RFP Submittal Evaluations Complete Wednesday 01/2018 Issue Notice of Intent to Award 02/2018 Transportation Committee 02/2018 Horry County Council Meeting (1 st Reading) 03/2018 Horry County Council Meeting (2 nd Reading) Page 13 of 63

14 03/2018 Horry County Council Meeting (3 rd Reading) 03/2018 Concession and Lease Agreement Executed 04/2018 Concession and Lease Agreement Commencement Date * Estimated timeline above is tentative and subject to change. F. FINANCIAL OFFER TO COUNTY For the right to operate an ATM concession at the Airport, the successful Proposer shall pay to the County, during each Agreement Year, the greater of the Minimum Annual Guarantee (MAG) or a Percentage Rent of Gross Revenues. Reference Attachment 1 Sample ATM Concession Agreement, Article IV for additional information on applicable rents, fees and charges. G. EVALUATION PROCESS All properly submitted Proposals will be reviewed and evaluated by the Evaluation Team. By submitting a Proposal in response to this RFP, Proposer accepts the evaluation process and acknowledges the determination as judged by the Evaluation Team of which Proposer will be recommended for selection. Further, the Owner may elect to reject all Proposals and/or elect not to select any. Step 1 Proposal Submission - This RFP is the first step in the process for selecting a Firm. This RFP provides the information necessary to prepare and submit proposals for consideration by the County. Step 2 Notice of Intent to Award Proposals will be evaluated by an Evaluation Team using the Evaluation Criteria and weights listed herein. The Evaluation Team will rank the proposals based upon each Proposer s stated qualifications, interviews with Proposer s project references, and due diligence reviews. The Evaluation Team will rank the qualified Firms in order of preference and the County will notify all firms that submitted of the award to the highest ranked firm. Step 3 Committee and Council Approvals The highest ranked firm s proposal will be presented to the Horry County Transportation Committee. Once approval is received, the highest ranked firm s proposal will be presented to the Horry County Council by way of a three-reading Ordinance. Proposer may be requested to attend Committee and Council presentations. Step 4 Concession Agreement Executed County will issue a Concession and Lease Agreement after approval from Horry County Council by way of a three-ready Ordinance. H. EVALUATION CRITERIA The following criteria will be used by the RFP Evaluation Team during the evaluation and selection process: Criteria Weight 1. Financial Offer 40 Points Page 14 of 63

15 2. Financial Ability to Perform 25 Points 3. Experience 15 Points 4. Maintenance & Operation (O&M) Plan 15 Points 5. ACDBE Participation 5 Points The above listed criteria will be used during the evaluation and selection process to assess information contained in each submitted proposal. Each Firm will be ranked according to the evaluation criteria. The Evaluation Team will recommend the highest ranked firm for award. *** End of Objective and Scope of Services*** Page 15 of 63

16 III. RFP RESPONSE REQUIREMENTS The County does not desire voluminous submissions; therefore, please limit your presentation to essential information. By submitting a proposal, your firm agrees to the terms and conditions stated herein unless explicitly stated otherwise in your response to this RFP. Horry County will not reimburse for costs associated with development of proposals, interviews or presentations. A copy of the successful Proposers Proposal will be incorporated by reference into the Agreement; however, in the event of any ambiguity with any attachments, the County's contract and Horry County Procurement Regulation will prevail. Proposals must be submitted containing the following information, in the following order: 1. Proposer Information Form REQUIRED FORM Completed form is required as part of sealed submitted proposal. 2. Proposer Certification Form REQUIRED FORM Completed form is required as part of sealed submitted proposal. 3. Financial Offer REQUIRED FORM Completed form is required as part of the sealed submitted proposal. Financial proposals for reasonableness, completeness and realism as appropriate. 4. Financial Ability to Perform - Proposer will be required to demonstrate that it is financially capable of performing its obligations to provide concessions contained within this RFP. i. Proposer shall provide, in MS Excel format, all calculations provided as working formulas, a financial pro forma clearly showing the funding of the project and all projected project cash flows over each year of the term of the lease, including, but not limited to revenues, expenses, proposed rental payments to the Horry County Department of Airports, repayment of debt financing and net income from the concession. All key assumptions made in the financial pro forma shall also be provided. ii. iii. iv. Proposer must provide financial statements inclusive of balance sheets and income statements as prepared by a Certified Public Accountant (CPA) for the two (2) most recent fiscal years as a minimum. If a Proposer is a subsidiary of a parent company, or if any assets are pledged to another company, Proposer must furnish financial statements for both the parent company and subsidiary. If Proposer is a subsidiary, state if the Proposer s parent company will provide a financial guarantee of the Proposer s performance under the lease. The Proposer will be required to demonstrate that it is financially capable of performing its obligations associated with providing ATM Concessions at MYR as contained within this RFP. Page 16 of 63

17 The determination of the Proposer s financial qualifications and ability to execute a Concession and Lease Agreement will be in the sole discretion of the County. v. The Evaluation Team will evaluate financial statements for reasonableness and viability, and the extent to which it supports the financial offer. 5. Experience and Capabilities - Proposers will be evaluated on the quality, comprehensiveness and feasibility of their plan as provided for the proposed services. i. Proposer must demonstrate that it and the proposed key personnel, including the proposed management team have satisfactory experience with, and demonstrated responsibility in the management and operation of ATM Concessions at other locations. ii. iii. Proposer shall specifically show its demonstrated experience at like locations, preferably at other airport facilitates, describing experience of managing like facilities. Proposer shall clearly state how the duration and extent of the Proposer s experience and qualifications in ATM Concessions qualify the Proposer to operate a business of the size and scale of this stated opportunity. 6. Maintenance & Operation (O&M) Plan i. The Proposer must demonstrate its plan to effectively provide local management to oversee operation of an ATM concession at MYR on a day-to-day basis, to include at a minimum but not limited to the following: a. Ensure uninterrupted service b. Response time for maintenance and repairs c. Accounting procedures d. Records e. Maintenance f. Customer Service g. Security Plan h. Type, size and age of equipment 7. Airport Concession Disadvantaged Business Enterprise (ACDBE) Utilization Form REQUIRED FORM Completed form is required as part of sealed submitted proposal, even if no ACDBE is utilized. 8. ACDBE Letter of Intent Form REQUIRED FORM Completed questionnaire for EACH ACDBE is required as part of sealed submitted proposal, even if no ACDBE is utilized. Page 17 of 63

18 9. Legal Statement Proposer shall disclose any litigation within the last five (5) years in which a claim has been made against the firm asserting a cause of action. Explanations for complaints, litigation proceedings, judgments, etc., in these cases shall be included. 10. Proposal Bond Form REQUIRED FORM Completed form is required as part of sealed submitted proposal. Proposal Bond Form must be accompanied by a Bank Cashier s Check or Certified Check made payable to Horry County, in the amount of Five Thousand and no/100 ($5,000.00) Dollars. 11. References REQUIRED FORM List a minimum of three (3) references of individuals who can attest to the Proposer s experience. Include address, name of contact person, telephone number and address. 12. Non-Collusion Affidavit REQUIRED FORM Completed form is required as part of sealed submitted proposal. 13. Acknowledgement of Addenda REQUIRED FORM Completed form is required as part of sealed submitted proposal. *** End of RFP Response Requirements *** Page 18 of 63

19 REQUIRED FORM PROPOSER INFORMATION FORM Statements contained herein must be complete and accurate. Omission, inaccuracy, or misstatement may be cause for rejection of a proposal. A) Proposer Information 1) Date Submitted (mm/dd/yyyy): / / 2) Submitted by (company name and address): (NOTE: Give exact legal name as it would appear on the agreement, if awarded.) Address: City: State: Zip Code: Telephone Number: Fax Number: Website: 3) Official Representative: Name of Individual: Telephone Number: Title: 4) Type of Business: Corporation Partnership Limited Liability Company Joint Venture Sole Proprietorship Other: B) Corporation Statement (If a corporation, Proposer must answer the following) 1) Date of Incorporation (mm/dd/yyyy): / / 2) State of Incorporation: 3) Is the corporation authorized to do business in the state of South Carolina? Yes No If so, as of what date? (mm/dd/yyyy) / / 4) The corporation is held: Publicly Privately Page 19 of 63

20 5) Furnish the following information for the principle officers of the corporation: Name Title Address C) Partnership Statement (If a partnership, Proposer must answer the following) 1) Date of Incorporation (mm/dd/yyyy): / / 2) Type of Partnership: General Partnership Limited Partnership 3) Is the partnership authorized to do business in the state of South Carolina? Yes No If so, as of what date? (mm/dd/yyyy) / / 4) Furnish the following information for each partner: Name Title Address D) Limited Liability Company (LLC) Statement (If a limited liability company, Proposer must answer the following) 1) Date Established (mm/dd/yyyy): / / 2) State Established: 3) Is the company authorized to do business in the state of South Carolina? Yes No If so, as of what date? (mm/dd/yyyy) / / 4) Type of limited liability company: Member Managed Manager Managed 5) Furnish the following information for each member or manager authorized to bind the LLC: Name Title Address Page 20 of 63

21 E) Joint Venture Statement (If a joint venture, Proposer must answer the following) 1) Date of Organization (mm/dd/yyyy): / / 2) Is the joint venture authorized to do business in the state of South Carolina? Yes No If so, as of what date? (mm/dd/yyyy) / / 3) Furnish the following information for each Joint Venture: Name Title Address F) Sole Proprietorship Statement (If a sole proprietorship, Proposer must answer the following) 1) Proprietor s Information: (Name) (Address) 2) Company Information: (Name) (Address) 3) Is the sole proprietorship authorized to do business in the state of South Carolina? Yes No If so, as of what date? (mm/dd/yyyy) / / 4) How long in business under this Company Name? G) Other Business Type Statement (If identified as a type of business other than previously listed, Proposer must answer the following) 1) Type of Business: 2) Owner Information: 3) Business Information: (Name) (Name) (Address) (Address) 4) Is the business authorized to do business in the state of South Carolina? Yes No If so, as of what date? (mm/dd/yyyy) / / 5) How long operating under this business name? Page 21 of 63

22 H) Financial Responsibility 1) Have you or your company ever entered into litigation with a government entity or others for issues pertaining to fee payment and/or contract performance? Yes No If yes, please provide details, including eventual disposition of action: 2) Have you or your company ever filed for or been declared bankrupt? Yes No If yes, please provide date, court jurisdiction, type of bankruptcy, amount of liabilities and amount of assets: 3) During the past five (5) years, have any agreements held by Proposer ever been defaulted or canceled? Yes No If yes, please provide details: 4) List the amount and type of claims paid by any of the Proposer s insurers during the past five (5) years: I) Insurance List the types of insurance and limits currently maintained: Page 22 of 63

23 REQUIRED FORM PROPOSAL CERTIFICATION FORM (Page 1 of 2) In compliance with the Request for Proposals and subject to all conditions thereof, the undersigned certifies that all information contained in this proposal is accurate and true and that any misrepresentation herein is grounds for non-consideration, or dismissal in the event of selection or contract-award by Horry County. Proposer understands, agrees and warrants that: a. Proposer has carefully read and fully understands the information that was provided by the County was provided for general informational purposes only. b. Proposer has the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted. c. Proposer Information must be submitted with the proposal and is attached hereto. d. Proposal may be withdrawn by requesting such withdrawal in writing at any time prior to 2:00 PM Local Time, on the date that the proposal is due, but may not be withdrawn for a period of one hundred eighty (180) calendar days after such date. e. All information contained in the Proposal is true and correct to the best of Proposer s knowledge and belief. f. Proposer did not, in any way, collude, conspire, or agree directly or indirectly with any person, firm, corporation or other Proposer with regards to the amount, terms or conditions of this Proposal. g. Proposer did not receive unauthorized information from, or initiate contact with, the Horry County Council, Transportation Committee, the Airport Staff, the County Legal Counsel, or any Airport Consultant(s) during the proposal period except a provided for in this RFP proposal package. h. No officer or employee of the Horry County Department of Airports or other affiliated County officer or employee shall have a financial interest, direct or indirect, in any contract with the county, or shall be financially interested, directly or indirectly, in the sale to the County of any materials, supplies or service. i. The County reserves the right to reject any and all proposals and to negotiate fees, terms and provisions which, in the County s sole opinion, is in the best interest of Horry County. j. By submission of this Proposal, the Proposer acknowledges that the County has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the County permission to make said inquires, and to provide any and all requested documentation in a timely manner. Page 23 of 63

24 No proposal shall be accepted which has not been signed in ink in the appropriate space below: If Proposer is a CORPORATION, the duly authorized officer(s) must sign as follows: The undersigned certified that they are authorized sign and attest this Proposal Form on behalf of the below named Corporation, and that they are authorized to execute same for and on behalf of said Corporation. - Corporate Name: - By: Title: Print Name: Date:, 20 - Attest: Title: Print Name: If Proposer is a PARTNERSHIP or JOINT VENTURE, at least two (2) Partners or each of the Joint Ventures must sign here. If a LIMITED PARTNERSHIP, one signature must be of the general partner: - Partnership/Joint Venture Name: - By: Title: Print Name: Date:, 20 - By: Title: Print Name: Date:, 20 - By: Title: Print Name: Date:, 20 If Proposer is a LIMITED LIABILITY COMPANY, the duly authorized officer(s) must sign as follows: The undersigned certified that they are authorized sign and attest this Bid Form on behalf of the below named Limited Liability Company, and that they are authorized to execute same for and on behalf of said Limited Liability Company. - Limited Liability Company Name: - By: Title: Print Name: Date:, 20 - Attest: Title: Print Name: If proposer is a SOLE PROPRIETOR, please sign here: - By: Print Name: Date:, 20 If proposer is a(n), please sign here: (OTHER) - By: Print Name: Date:, 20 Page 24 of 63

25 REQUIRED FORM FINANCIAL OFFER MINIMUM ANNUAL GUARANTEE TO COUNTY: YEAR 1... $ YEAR 2... $ YEAR 3... $ YEAR 4 (OPTIONAL RENEWAL TERM)... $ YEAR 5 (OPTIONAL RENEWAL TERM)... $ PERCENTAGE OF GROSS REVENUES TO COUNTY: YEARS % FEE TO BE CHARGED TO CUSTOMERS (PER TRANSACTION): YEAR 1... $ YEAR 2... $ YEAR 3... $ YEAR 4 (OPTIONAL RENEWAL TERM)... $ YEAR 5 (OPTIONAL RENEWAL TERM)... $ Page 25 of 63

26 REQUIRED FORM AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE) UTILIZATION FORM (Even if none being utilized) The undersigned Proposer has satisfied the requirements of the Proposal specification in the following manner (please check the appropriate space): The Proposer is committed to a minimum of % ACDBE utilization on this contract. The Proposer (if unable to meet the ACDBE goal of 0 %) is committed to a minimum of % ACDBE utilization on this contract and submitted demonstrating good faith efforts. Name of Proposer s firm: State Registration Number: By: (Signature) (Title) Page 26 of 63

27 REQUIRED FORM ACDBE LETTER OF INTENT FORM (Submit this page for EACH ACDBE) (Even if none being utilized) Name of Proposer s firm: Address: City: State: Zip: Name of ACDBE firm: Address: City: State: Zip: Telephone: NAICS Code(s): Description of work to be performed by ACDBE firm: The Proposer is committed to utilizing the above-named ACDBE firm for the work described above. The estimated annual dollar value of this work is $. Affirmation: The above-named ACDBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By: (Signature) (Title) If the Proposer does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation will be null and void. Page 27 of 63

28 REQUIRED FORM PROPOSAL BOND KNOWN ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal and, as Surety, are hereby held and firmly Bound unto HORRY COUNTY, OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby Jointly and severally bind ourselves, our heirs, executors, administers, successors, and assigns. Signed, this day of, 20. The conditions of the above obligation is such that whereas the Principal has submitted to Horry County certain PROPOSAL, attached hereto and hereby made a part hereof to enter into an Agreement in writing for the furnishing the following Goods, Services and Other Services: NOW THEREFORE, (a) If said Proposal shall be rejected, or in the alternate, (b) If said Proposal shall be accepted, and Principal shall execute and deliver Contract in the Form of an Agreement attached hereto (properly completed in accordance with said proposal) and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said PROPOSAL, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that obligations of said Surety and its Guarantee/Bonds shall be in no way impaired or affected by any extension of the time within which the Owner may accept such PROPOSAL; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety By: (L.S.) (SEAL) (1) Date of Guarantee/Bond must be the same date as PROPOSAL. (2) Guarantee/Bond must be signed or countersigned by Surety s proper South Carolina Resident Agent. Date of Power-of-Attorney shall be the same date as date of Guarantee/Bond. (3) If a Partnership, all partners shall execute Guarantee/Bond. Page 28 of 63

29 REQUIRED FORM REFERENCES List a minimum of three (3) references of individuals who can attest to the Proposer s experience. Include address, name of contact person, telephone number and address. 1. Entity Contact Telephone Address Address 2. Entity Contact Telephone Address Address 3. Entity Contact Telephone Address Address Page 29 of 63

30 REQUIRED FORM NON-COLLUSION AFFIDAVIT FORM STATE OF ) COUNTY OF ) being first duly sworn, deposes and says that he/she is (Sole owner, a partner, president, secretary, etc.) of the party making the foregoing proposal that such proposal is genuine and not collusive or sham; that said PROPOSER has not colluded, conspired, connived, or agreed, directly or indirectly with any PROPOSER or person, to put in a sham proposal, or that such other person shall refrain from proposing and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person to fix the proposal of affiant or any other PROPOSER or to fix any overhead, profit or cost element of said Proposal or of that of any other PROPOSER or to secure any advantage against OWNER any person interested in the proposed contracts; and that all statements in said Proposal are true; and further, that such PROPOSER has not, directly or indirectly submitted this Proposal, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent thereof. (Signature of Proposer) Sworn to and subscribed before me this day of, 20. State: County: (Notary Public in and for) My commission expires, 20. Page 30 of 63

31 REQUIRED FORM ACKNOWLEDGEMENT OF ADDENDA Proposer hereby acknowledges receipt of all Addenda through and including: Addendum No., dated. Addendum No., dated. Addendum No., dated. Addendum No., dated. Company: Authorized Signature: Print Name: Page 31 of 63