Qualified Automobile Rental Concession Bidders

Transcription

1 TO: FROM: Qualified Automobile Rental Concession Bidders Raymond D. Anderson, Esq. Senior Director Commercial Properties and Concessions Greater Orlando Aviation Authority DATE: July 11, 2018 SUBJECT: Invitation to Submit Competitive Bids for Automobile Rental Concessions at Orlando International Airport and Instructions to Qualified Bidders (the Invitation") I. INTRODUCTION. The Greater Orlando Aviation Authority (the "Authority") is seeking competitive Bids for the operation of up to five (5) Automobile Rental Concession Bid packages (collectively the "Concessions" and individually a Concession ) at Orlando International Airport, Orlando, Florida (the "Airport") from the Qualified Bidders. The Bid packages are offered in two (2) Tiers, four (4) Bid packages in Tier A (A-1, A-2, A-3, and A-4), and one (1) Bid package in Tier B (B-1). Qualification for Tier A was based on a Qualified Responder having an existing rental automobile concession agreement with the Authority and compliance with the other eligibility criteria in the Eligibility and Qualification Forms submitted by the Qualified Respondents. Qualification for Tier B was based on Market Share Percentages from CY 2017 and compliance with the other eligibility criteria in the Eligibility and Qualification Forms submitted by the Qualified Respondents. The Concession Premises include a limited amount of designated Ready/Return Spaces, Quick Turn-Around Facilities (QTA) Space, Service Counter and Queuing Space, Office Space, Wetherbee Overflow Parking, and if available, Tour Counters. These Bid documents contain information and materials necessary for a Qualified Bidder to Bid for a Concession. All capitalized terms not otherwise defined herein shall have the same meaning set forth in the Concession Agreement, included in the Bid documents as Volume A, Item I (the Agreement ). II. QUALIFIED BIDDERS. The Concessions Procurement Committee determined the responsible and responsive Qualified Bidders as follows: TIER A (A-1, A-2, A-3, and A-4) Advantage OPCO, LLC Avis Budget Car Rental, LLC EAN- Orlando, LLC The Hertz Corporation TIER B (B-1) Fox Rent A Car _ Sixt Rent A Car, LLC

2 III. CONTENTS OF BID DOCUMENTS. The following documents are enclosed, and together with this Invitation constitute the Bid documents: Volume A I. Automobile Rental Concession Agreement II. III-A. III-B. Bid Form Contract Bond Letter of Credit Schedule A Schedule of ACDBE Participation Schedule B Information to Determine Joint Venture Eligibility (if applicable) Volume B - Appendices Property Condition Assessment Volume C Appendices I. Authority s Graphic Standards for Automobile Rental Operators, as may be amended periodically II. III. Common Fueling Facilities and QTA Facilities Management Agreement Operational Policy and Procedure Section Spill Response and Notification Guidelines Orlando International Airport A. DESCRIPTION OF CONCESSION AND THE AUTHORITY'S OBJECTIVES Part A of this Invitation to Submit Competitive Bids is a very brief summary of the principal aspects of the Concession and the Authority's objectives with respect thereto. This discussion is provided solely for the convenience of the Qualified Bidders and is not intended to limit or modify any of the provisions of the Agreement. The specific terms and conditions of the Concession are set forth in detail in the Agreement, which are included in these Bid documents as Volume A, Item I (referred to herein individually as the Agreement, and collectively as the Agreements ). In the event of a conflict between a provision of an Agreement, and a provision of any other Bid document, the Agreement shall control. 1. Concession Rights to be Granted. [See Exhibit "A" of the Agreement for a diagram of the Premises in the Terminal Complex described below.] a. Bid Packages. The successful Qualified Bidders will be responsible for providing automobile rental services at the Airport. The successful Qualified Bidders shall enter into a non-exclusive Agreement with the Authority for Bid Package A-1, A-2, A-3, A-4, or B-1, as awarded by the Authority. The general location of the Premises is set forth below: 2

3 Premises Description Tier A Packages A-1, A-2, and A-3 Location Service Counter/ Queuing Space Office Space Ready Return Space QTA Overflow Parking Premises Description Service Counter/ Queuing Space Office Space Ready Return Space QTA Overflow Parking Wetherbee Overflow Parking Package A-4 Location South Terminal or Wetherbee Wetherbee Overflow Parking Premises Description Tier B Package B-1 Location Service Counter/ Queuing Space Office Space Ready Return Space QTA Overflow Parking South Terminal or Wetherbee Wetherbee Overflow Parking b. Description and Award of Facilities. (i) Counter and Queuing Space. The Authority shall provide Counter and Queuing Space on an AS IS basis on Level I, A and B Sides of the North Terminal Complex, and Level 3 of the South Terminal Complex, approximately as depicted on Exhibit A-2 to A-3 of the Agreement. Exact size to be determined upon allocation by the Authority, based on Concessionaire market share percentage. Location shall be selected by the Concessionaires in order of Bid, from highest to lowest, within the practical structural limitations of each Premises. (ii) Office Space. The Authority will make available Office Space on Level I, A and B Sides of the North Terminal Complex and Levels 2 and 3 of the South Terminal Complex, which shall be allocated on a pro rata basis, per Counter and Queuing Space allocation and Bid package awarded. Each successful Qualified Bidder will be required to rent and occupy Counter and Queuing Space, and Office Space, at the Terminal Premises Rate as defined in the Airline Rates and Charges and Airline Operating Terms and Conditions for the Use of Facilities and Services at 3

4 Orlando International Airport ( Airline Rates Resolution ), as amended by the Authority periodically. Counter and Queuing Space will be awarded to the successful Qualified Bidders at each site of the Terminal Complexes approximately in the locations shown on the Facilities Plan, attached as Exhibit A-1 to A-4 of the Agreement, according to the Bid package awarded. (iii) Ready/Return Spaces. Each successful Qualified Bidder will be required to rent space in the North and South Terminal Garages for staging of its ready-to-rent Automobiles, and Automobiles being returned by its Customers, within the area approximately depicted on the Facilities Plan, attached to the Agreement as Exhibit A-5 to A-12. The exact size will be determined upon allocation by the Authority, based on Concessionaire market share percentage. Location shall be selected by Concessionaire in order of Tier A Bids, from highest to lowest, within the practical limitations of the facility. The initial total annual rental rate for Ready/Return Space shall be Eleven and 66/100 Dollars ($11.66) per square foot, to be increased by five percent (5%) each year. After repayment of the indebtedness associated with the CFCs used to construct the South Ready Return, the rate may increase. (iv) QTAs. Once the Authority has relinquished the QTAs to each successful Qualified Bidder for build out by the successful Qualified Bidders for the quick turn-around of its ready-torent Automobiles, according to the Bid package awarded, the successful Qualified Bidders will be required to occupy such QTA facilities located adjacent to the North and South Parking Garages and the Wetherbee QTA as depicted on the Facilities Plan, as attached to the Agreement as Exhibit A-13 to A- 16. Exact size to be determined upon allocation by the Authority, based on Concessionaire market share percentage. Location within each QTA shall be selected by the Concessionaires in order of Tier A Bids, from highest to lowest. The Concessionaire having the smallest Airport market share percentage at the time of allocation shall receive the Wetherbee QTA. The Concessionaire with the next smallest Airport market share percentage shall be awarded QTA only in the South Parking Garage QTA. The annual QTA rental rate will be Three and 45/100 Dollars ($3.45) per square foot, increased by five percent (5%) per year. After repayment of the indebtedness associated with the CFCs used to construct the Wetherbee and South QTAs, the rate may increase. (v) Tour Counters. (1) Prior to the Commencement Date, each successful Qualified Bidder may request the right to occupy, on an exclusive basis, one tour counter location per A and B Side of the Terminal Complex, and in the South Terminal Complex, as set forth in Article 2.F.5.b. of the Agreement. The Authority may make available only those tour counters to serve the needs of eligible successful Qualified Bidders as such tour counters are made available. The Authority shall not be obligated to build any additional tour counter space. (2) Successful Qualified Bidders may be eligible on the Commencement Date to lease such Tour Counters on a first-come-first-served basis, by submitting a written request to the Chief Executive Officer, provided the Authority has such Tour Counters available. Any available Tour Counters will be leased on the basis of the signatory airline Class II rental rate per square foot, as adjusted periodically during the Term of this Agreement. (3) Successful Qualified Bidders may place signage on or about the Tour Counter only when the successful Qualified Bidder has personnel operating at the Tour 4

5 Counter, presented in a manner approved by the Chief Executive Officer in writing prior to operation of activities at the Tour Counter(s). (vi) Wetherbee Overflow Parking. The Authority shall provide overflow parking at the Wetherbee Overflow Parking lot. Allocation shall be based on Successful Qualified Bidders market share percentages. Successful Qualified Bidders shall not be required to accept Wetherbee Overflow Parking space, and any space not accepted shall be made available to the other Successful Qualified Bidders in pro rata proportion to their market share. The Wetherbee Overflow Parking annual rental rate will be One and 34/100 Dollars ($1.34) per square foot, increased by five percent (5%) per year. Additionally, Successful Qualified Bidders will pay their pro rata share of the utilities at the Wetherbee Overflow Parking. c. Re-allocation. i. Ready Return Space: Re-allocation may occur, at the Chief Executive Officer s sole discretion, in the event that there is a variance of five (5) Airport market share percentage points or more for one (1) Concessionaire at the end of the Third (3 rd ) and Sixth (6 th ) Agreement Periods, and (ii) the Concessionaire gaining market share percentage requests re-allocation. ii. Counter Space: Re-allocation may occur, at the Chief Executive Officer s sole discretion, in the event that (i) there is a variance of five (5) Airport market share percentage points or more for any one (1) Concessionaire at the end of the fifth (5th) Agreement Period, and (ii) the Concessionaire gaining market share percentage requests the re-allocation. iii. QTA: Re-allocation of QTA Space may occur in the event that (i) there is a variance of five (5) Airport market share percentage points or more among all Concessionaires serving the Airport for any one (1) Concessionaire at the end of the fifth (5th) Agreement Period, and (ii) the Concessionaire gaining market share percentage requests the re-allocation. For the Concessionaires with QTA in the North and/or South Parking Garages, reallocation may be limited to stacking space reallocation if, within the Chief Executive Officer s sole judgment, re-allocation of fueling pumps and maintenance/wash bays within a QTA is impracticable. The Chief Executive Officer may elect, alternatively, to offer the Concessionaire gaining market share percentage additional QTA facilities at the Wetherbee QTA. If the Concessionaire using the Wetherbee QTA is the Concessionaire gaining market share percentage, then additional stacking space at the Wetherbee QTA may be made available. iv. Wetherbee Overflow Parking: Re-allocation may occur, at the Chief Executive Officer s sole discretion, in the event that there is a variance of five (5) Airport market share percentage points or more for one (1) Concessionaire at the end of the Third (3 rd ) and Sixth (6 th ) Agreement Periods, and (ii) the Concessionaire gaining market share percentage requests re-allocation. Market Share Percentages will be calculated using the most recent prior Agreement Period figures compared to the Market Share Percentages used for the original allocation of Premises. The Market Share Percentage determined by the Authority will include only the Single-Brand or Family- Brand name(s) declared by the successful Qualified Bidder during the pre-qualification process, and should any other brand or trade name be added to the successful Qualified Bidder s Automobile rental Concession during the Term of the Agreement, at the sole discretion of the Authority, such added brand or trade name s Market Share Percentage will not be considered as part of any such re-allocation. 2. Term. The Agreements shall become effective nine (9) months prior to the Commencement Date, unless the Authority, via written notice provided thirty (30) days in advance, notifies the successful Qualified Bidders that the Effective Date shall be earlier. The term of the Agreements shall commence on the Commencement Date and shall expire ten (10) years after the Commencement Date unless sooner terminated in accordance with the terms and provisions hereof. 5

6 The Commencement Date will be the date that South Terminal opens to the public. Until this date, the existing Automobile rental concession agreements will be extended on a month-to-month basis, under the existing terms upon the date the Term would otherwise expire. Successful Qualified Bidders understand and acknowledge that there may be a period of transition between the operations of a current Rental Automobile Concession on the Premises, the construction of additional Automobile rental facilities, and other Airport capital improvements, relocation, and the operation of a Rental Automobile concession on the Premises by the successful Qualified Bidders. The successful Qualified Bidders agree that any inconvenience caused by such transition shall possibly affect the Commencement Date, but not any other provision of the Agreement. Additionally, notwithstanding the fact that the successful Qualified Bidders may be engaged in the construction or installation of Improvements, furnishings, trade fixtures, or equipment during such transition period, successful Qualified Bidders shall operate their businesses and fulfill their obligations under the Agreements without interruption, or abatement of fees and charges due hereunder due to the Authority, beginning on the date the Premises are turned over to the successful Qualified Bidders. 3. Minimum Annual Privilege Fee, Percentage Fees, Annual Rental Fees, Bid, and Customer Facilities Charge. a. Annual Privilege Fee. The successful Qualified Bidders shall pay the Authority the greater of the Minimum Annual Privilege Fee ( MAPF ) or ten percent (10%) of Gross Receipts (the Percentage Fee ), plus Annual Rental Fees, for all Premises as set forth in Section A.1.b. above, in addition to the Customer Facilities Charge ( CFC ), as described below, and any other applicable fees and charges. The initial MAPF for a Tier A Concessionaire shall be the amount obtained by multiplying eighty-five percent (85%) and the Privilege Fees the Successful Qualified Bidder pays in the Agreement Period immediately prior to the beginning of this Concession Agreement. The initial MAPF for the Tier B Concessionaire shall be the greater of the amount obtained by multiplying 0.85 and the Privilege Fees it pays in the immediately prior twelve (12) months permit term it has with the Authority, under the Authority s Ground Transportation Rules and Regulations, prior to the beginning of this Concession Agreement or the bid it proposes. For each subsequent Agreement Period, the MAPF shall be adjusted by the Authority to an amount equal to the greater of: (i) eighty-five percent (85%) of the Annual Privilege Fee of the immediately prior Agreement Period, or (ii) the MAPF for the initial Agreement Period. b. Bid. A Qualified Bidder may submit a Bid only for the Bid Package for which it is prequalified. All Tier A Package Bids are a one-time payment, to be paid in two yearly installments beginning at the time of execution of the awarded Concession Agreement. A Qualified Bidder for Tier A must submit a bid to determine the order of choice for location of Ready/Return, Counter/Queuing/Office Space, and QTA. A Qualified Bidder for Tier B must submit its Bid in the form of a MAPF for the first Agreement Period of the ten (10) year Agreement Term. The Authority will not consider Bids of less than the following: For each Tier A Package, the minimum location Bid will be five percent (5%) of the incumbent concessionaire s MAPF for the current Agreement Period. For the Tier B Package, the minimum MAPF Bid will be One Million Seven Hundred Thousand and No/100 Dollars ($1,700,000.00). 6

7 BID PACKAGES QUALIFIED BIDDERS AND QUALIFYING MARKET SHARE PERCENTAGES Tier A (A-1 to A-4) EAN Orlando, LLC 40 % The Hertz Corporation 25 % Avis Budget Car Rental, LLC 22 % Advantage OPCO, LLC 4 % Tier B (B-1) Sixt Rent A Car LLC 4 % Fox Rent A Car, Inc. 2 % (i) The Qualified Bidder with the highest Bid in Tier A will be allowed first choice in selecting locations for Counter and Queuing Space, Ready/Return Space, QTA, and, if desired, Wetherbee Overflow Parking, and the next highest bidder will then likewise choose. (except that the Qualified Bidder with the smallest Airport market share percentage at the time of allocation shall receive the Wetherbee QTA and the next smallest Concessionaire (in terms of Airport market share percentage) shall receive QTA space only in the South Parking Garage QTA). The successful Qualified Bidder in Tier B will have Counter and Queuing Space, Ready/Return Space, QTA, and, if desired, Wetherbee Overflow Parking. (ii) A Qualified Bidder will be required to submit its Bid and a successful Qualified Bidder will be required to operate its Concession, under the brand name(s) or trade name(s) submitted by the Respondent in its response to the RFQ. A Bid submitted by a Qualified Bidder under a different brand or trade name(s) not contained in its response to the RFQ will be not be considered by the Authority. (iii) In no event, will any Qualified Bidder be awarded more than one (1) Concession. c. Customer Facilities Charge. Each successful Qualified Bidder shall collect from Customers, account for, and remit to the Authority for each Agreement Period of the Term of the Agreement, as established by the Authority by resolution, a Customer Facilities Charge ( CFC ), a per day fee payable by Customers and due from Company to the Authority (whether collected from Customers or not), for the reimbursement for capital improvements, including, but not limited to capital expenditures (i.e. interest) benefiting the Company for Automobile rental operations, maintained by Company in a separate trust account. 4. Improvements. The Authority shall provide, and the successful Qualified Bidders shall accept, all QTAs according to the Bid package awarded, set forth in the Facilities Plan, attached hereto as Exhibit A. The Authority and the successful Qualified Bidders shall construct/install all Improvements as set forth in Exhibit N, and in accordance with Article 6 of the Agreement. The provisions of the Agreement shall apply prior to the Commencement Date, with respect to any portion of the QTAs that the successful Qualified Bidders (or an agent thereof, or independent contractor employed by a successful Qualified Bidder) enters for the purpose of installing any furnishings, fixtures, signage, or equipment, or of constructing any Improvements, except that the successful Qualified Bidders shall not be required to pay the Authority any of the Annual Rental Fees contained in Article 5.B. of the Agreement until the Commencement Date. Volume C includes the Authority s Graphic Standards for Automobile Rental Operators, which is subject to revision and which the Authority requires be followed by each successful Qualified Bidder. 7

8 a. Construction Obligations. The construction of Improvements and procedures are set forth in Article 6 and Exhibit N of the Agreement. b. Maintenance Obligations. Maintenance obligations and procedures are set forth in Article 7, Article 8, and Exhibit M of the Agreement. 5. Common Fueling Facilities. For the North QTA, the Authority commissioned a Property Condition Assessment ( Assessment ) that identified Deficiency Costs, which were deferred maintenance and physical damage to be performed, much of which was the responsibility of the Concessionaries under the existing Concession Agreement. In addition, the Assessment described a 3, 5, and 10-year capital investment plan ( CIP ). Exhibit P to the Concession Agreement contains the list of Deficiency Costs and of the 3-year CIP. The Authority shall fund the Deficiency Costs and the 3-year CIP requirements, in an amount not to exceed the location bids submitted by the Tier A Qualified Bidders. It shall design and construct, or cause to have designed and constructed, a distribution system for Automobile gasoline, in conjunction with the development of the improvements to the South Terminal QTA adjoining the South Parking Garages as well as the Wetherbee QTA, for use by the successful Qualified Bidders, beginning on the Commencement Date. The fuel distribution system will extend from the fuel storage facility to and including the fuel nozzles in the QTAs. The Concessionaires will be required to be under contract with the Common Fueling Facilities Management Company ( CFFMC ), using the form provided by the Authority, or a form substantially similar to such form, within ninety (90) calendar days before the Commencement Date. However, the Authority, in its sole discretion, may choose to contract for such management and operation of the Common Fueling Facilities with any entity, including without limitation, a third party operator, or any of the Concessionaires. If the Authority chooses to contract directly with such an entity, the Authority will provide one hundred eighty (180) calendar days notice to Concessionaires, and Concessionaires will be required to contract with the Authority for such services. 6. Airport Concession Disadvantaged Business Enterprise Participation. The Authority has established its Airport Concession Disadvantaged Business Enterprise ( ACDBE ) program in accordance with the U.S. Department of Transportation ( DOT ) regulations issued under 49 CFR Part 23 ( Part 23 ). The Authority has received and expects to receive Federal financial assistance from the DOT, and as a condition precedent to receiving this assistance, the Authority has signed assurances that it will comply with Parts 23 and 26 of the Federal Regulations. In addition to the procedures and standards of Parts 23 and 26 as detailed in the Authority s ACDBE program, the Authority utilizes and participates in Florida s Unified Certification Program ( UCP ) for the certification of ACDBEs for the purpose of participating in the Authority s concession program. The Authority has established a current ACDBE participation goal of seven percent (7%) for these Agreements. All Qualified Bidders are required to either meet or exceed the ACDBE participation goal or demonstrate its good faith efforts to meet such goal. A Bid will be considered non-responsive to the Invitation to Submit Bids and rejected if the Qualified Bidder fails to demonstrate, to the reasonable satisfaction of the Authority, as required by the ACDBE program, that the Qualified Bidder has met or provided sufficient evidence of good faith efforts to meet the established ACDBE goal. Please refer to the Authority s ACDBE Policy and 49 CFR Part 23 for information on counting ACDBE participation. ACDBE participation may be achieved through the purchase of goods and services necessary to conduct a rental Automobile business at the Airport from ACDBEs. These goods and services may include the purchase or lease of new Automobiles from ACDBE firms. All ACDBE firms used to meet the Agreement s ACDBE goal must be certified as ACDBEs in the state of Florida and listed on the Florida Department of Transportation s UCP DBE Directory. All Qualified Bidders are required to either meet the ACDBE participation goal or demonstrate good faith efforts to meet such goal. Good faith documents must be included with the proposal. Only ACDBE entities that have a direct contract with the successful Qualified Bidder will be counted toward each successful Qualified Bidder s ACDBE participation goal. 8

9 Qualified Bidders are required to submit, with their Bids, ACDBE utilization information by completing and signing Volume D, Item-I, Schedule of ACDBE Participation, and if applicable, Item-II, Information for Determining Joint Venture Eligibility. In the event the ACDBEs are not all identified by the Qualified Bidder as of the Bid submittal date, the Qualified Bidder shall indicate on Schedule A its commitment to meet the Authority s ACDBE goal throughout the Term of the Agreement. The Authority must assess ACDBE participation according with the above-referenced Federal Regulations. Please refer to the Authority s ACDBE Policy and 49 CFR Part 23 for information on counting ACDBE participation. The Authority may request, receive, and review additional information on the good faith efforts submitted to verify the accuracy of the level of ACDBE utilization information presented by Qualified Bidders. The Qualified Bidders awarded concessions shall enter into contract(s) with the ACDBEs identified in the Schedule of ACDBE Participation, which the Authority relies upon in awarding an agreement, subject only to the Authority s right to approve all sub concessionaires, contractors or vendors. The Bid may be considered non-responsive to the Invitation to Submit Bids and may be rejected if a Qualified Bidder alters or fails to sign the Volume D, Schedule A, ACDBE Participation and if applicable, Schedule B, Information for Determining Joint Venture Eligibility, or fails to demonstrate, to the reasonable satisfaction of the Authority, as required by the ACDBE policy, that the Qualified Bidder has met or has made a good faith effort to meet the established ACDBE goal. Questions regarding ACDBE matters may be addressed directly to Mr. George I. Morning, Director of Small Business Development by electronic mail to: george.morning@goaa.org or by telephone at B. EVALUATION OF BIDS Each Bid will be evaluated on the basis of the highest dollar Bid by the Qualified Bidders in each Tier: Tier A, and Tier B. C. INSTRUCTIONS TO QUALIFIED BIDDERS Bid. Please review the following instructions carefully prior to preparing and submitting your 1. Questions Regarding Bid Documents. Other than during the Mandatory Qualified Bidders Meeting on August 1, 2018, the Authority shall not be required to provide to any Qualified Bidder oral interpretations as to the meaning or consequence of any material portion of the Bid documents. Requests for interpretation, clarification or correction of Bid documents, forms or other material in the Bid documents should be made at the Mandatory Qualified Bidders Meeting or in writing. Except at the Mandatory Qualified Bidders Meeting, each request for clarification of the Bid documents shall be made in writing to the following designated address: RAC-RFBMCO@goaa.org. The deadline for submitting any written questions regarding the Bid documents is 5:00 p.m. EDT, August 10, If deemed to be appropriate by the Authority, a request by a Qualified Bidder for clarification or correction of the Bid documents will be made in the form of a written response to these Bid documents, and be sent to all Qualified Bidders to whom Bid documents have been issued directly by the Authority on or before August 24, Mandatory Qualified Bidders Meeting. A Mandatory Qualified Bidders Meeting will be held Wednesday, August 1, 2018, at 1:00 p.m., Eastern Daylight Time (EDT) in the Carl T. Langford Board Room, Level 3 of the Main Terminal Complex at Orlando International Airport, One Jeff Fuqua Boulevard, Orlando, Florida A REPRESENTATIVE OF EACH PROSPECTIVE BIDDING ENTITY IS REQUIRED TO ATTEND THE MANDATORY QUALIFIED BIDDERS MEETING 9

10 AND SIGN THE AUTHORITY'S ATTENDANCE ROSTER PRIOR TO ADJOURNMENT OF THE MEETING ON BEHALF OF THE BIDDING ENTITY, IN ORDER FOR AN ENTITY S BID TO BE CONSIDERED BY THE AUTHORITY. ITEMS OF IMPORTANCE WILL BE DISCUSSED AT THE MANDATORY PRE-QUALIFIED BIDDERS MEETING THAT WILL IMPACT THE CONCESSIONS. ANY BID SUBMITTED BY AN ENTITY NOT REPRESENTED AT THE MANDATORY PRE- QUALIFIED BIDDERS MEETING AND/OR WHOSE REPRESENTATIVE FAILED TO SIGN THE ATTENDANCE ROSTER WILL BE REJECTED. 3. Bid Submittal. Each Bid shall consist of one (1) originally executed copy of the Bid Form and one (1) electronic PDF version* on compact disk (or single-layer DVD) or flash drive of the Bid Form. Please fill in each blank individually on the Bid Form. Do not skip any blank on the Bid Form. The Bid Form must be completed and executed on the form provided, or on exact reproductions thereof, and placed in a sealed package, along with nine (9) complete duplicate copies of the Bid Form (a total of ten (10) copies) with the words "Bid for Automobile Rental Concession", and the Qualified Bidder's name and address clearly indicated on the front of the package. Please type or print clearly the information requested in this Bid Form. *PDF submission requirements: All documents shall be PDF/A compliant. PDF/A compliant documents have embedded fonts and do not reference external files. Scanned documents shall be created as PDF/A compliant, made text searchable and have a minimum resolution of 300 dpi. Submittals in PDF format shall have navigational bookmarks inserted in lieu of any tabs required in the hard copy. The entire submittal shall not exceed a single layer DVD disc. In cases where there are discrepancies between the PDF and hard copy, the hard copy shall take precedence. Bids and modifications may be delivered by hand, by overnight delivery, or by certified mail beginning on September 17, 2018 up to 2:00 p.m. EDT on September 19, 2018 to Raymond D. Anderson, Esq., Senior Director, Concessions and Commercial Properties, Greater Orlando Aviation Authority, Annex Building, 5855 Cargo Road, Orlando, Florida Bids and modifications may not be delivered in any other manner (including via facsimile). All Bids timely received will be publicly opened at the time and date stated above. Any Bid received after the time and date specified above will not be considered and will be returned unopened. The Authority has designated the U.S. Naval Observatory time as the official time for the receipt of Bids. The U.S. Naval Observatory time can be accessed by telephone at (202) No Bid may be withdrawn after it is submitted unless the Qualified Bidder makes a written request for withdrawal and such request is received by the Authority prior to the deadline for receipt of Bids. No Bid may be altered or withdrawn for a period of one hundred twenty (120) days after the deadline for receipt of Bids. The Authority reserves the right, in its sole discretion, to waive any informalities or irregularities of a Bid, except that (i) the Authority will not waive the requirement that a Bid, complete in all material respects, be received by the Authority by the time and date specified for the receipt thereof, and (ii) the Authority will not consider any Bid which does not conform in all material respects to the terms of this Invitation to Submit Competitive Bids, including a commitment to execute the Agreement by a successful Qualified Bidder, and a commitment by the Guarantor to execute the Agreement of Guaranty, if applicable, in the form attached hereto. The Authority reserves the right to request clarification of information submitted in any Bid, to require additional information from any Qualified Bidder, or, in the Authority's sole discretion, to reject any or all Bids for any reason and to re-advertise or not to re-advertise for Bids. The Authority also reserves the right to extend the date and time period during which it will accept Bids and to extend the date or time scheduled for the opening of Bids. 10

11 The Authority reserves the right to negotiate the modification of any condition or provision of the Agreement with any of the successful Qualified Bidders after award of the Concession. The Authority further reserves the right to cancel its award of the Concession to any Qualified Bidder without the Authority having any liability to such Qualified Bidder at any time before the Agreement with such Qualified Bidder has been fully executed and delivered to such Qualified Bidder. 4. Disqualification or Rejection of Bid. Any of the following causes may be considered sufficient for the disqualification of a Qualified Bidder and the rejection of its Bid: a. Submission of more than one (1) Bid for a Concession by an individual, firm, partnership or corporation under the same or a different name. For purposes of this subparagraph, firms, partnerships or corporations under common control may be considered to be the same entity; b. Evidence of collusion between or among Qualified Bidders; c. Being in default on the remittance of any reports, fees, rents, or other monies owed to the Authority, past or present litigation with the Authority, or past or present default under any contract with the Authority, or the failure to execute an agreement after the award of a concession or procurement contract with the Authority. 5. Concessions Procurement Committee and Award. Each Bid which has not been rejected will be evaluated by the Concessions Procurement Committee of the Authority (the "Concessions Committee") and the responsive and responsible Qualified Bidders will be ranked for award in the order of the highest dollar Bid submitted in each Bid package Tier. In the event any Bid is below the minimum acceptable Bid amount, that Bid will be rejected and that Bidder will not be awarded a rental automobile Concession. In the event two or more Bid amounts submitted by the Qualified Bidders are exactly the same amount, the Authority will request that both Qualified Bidders provide their best and final offer. The Qualified Bidder with the highest Bid after this step shall be awarded the Concession Package being bid for. The Authority will not conduct interviews with the Qualified Bidders. The Concessions Committee will rank the responsive Bids on the basis of the return to the Authority. The findings and recommendations of the Concessions Committee will be forwarded to the Authority's Board, which will make the award. 6. Competitive Integrity. The Authority seeks to maintain a neutral competitive environment for all Qualified Bidders to protect the integrity of the RFQ and Bid processes. Qualified Bidders are hereby advised that individuals who conduct lobbying activities with Authority employees or Board members, must register with the Authority each year prior to conducting any lobbying activities. A statement of expenditures incurred in connection with those lobbying instances should also be filed prior to April 1st of each year for the preceding year. As of January 16, 2013, lobbying any Authority Staff, who are members of any committee responsible for ranking Proposals, Letters of Interest, Statements of Qualifications or Bids and thereafter forwarding those recommendations to the Board and/or Board Members, is prohibited from the time that a Request for Proposals, Request for Letters of Interests, Request for Qualifications or Request for Bids is released to the time that the Authority Board makes an award. As adopted by the Authority Board on September 19, 2012, lobbyists are now required to sign-in at the Authority offices prior to any meetings with Staff or Board members. In the event a lobbyist meets with or otherwise communicates with Staff or an Authority Board member at a location other than the Authority offices, the lobbyist shall file a Notice of Lobbying (Form 4) detailing 11

12 each instance of lobbying to the Director of Board Services within seven (7) calendar days of such lobbying. The policy, forms, and instructions are available in the Authority s offices and the web site. Please contact the Director of Board Services with questions at (407) Qualified Bidders may be disqualified if they have ex parte contacts with Authority Board Members, members of the Concessions Procurement Committee and any Authority staff members responsible for providing review and comment of the submittals with respect to the RFB from the time of Board approval for release of the RF through the date of selection, except in writing as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. 7. Completion and Execution of Eligibility and Qualification Form. All Bids must be signed by either the individual proprietor, a general partner of a partnership, a managing member of a limited liability company, or an authorized officer of the corporation submitting the Bid and must be properly witnessed or attested. If any officer or agent other than the owner of a sole proprietorship, a general partner of a partnership, a managing member of a limited liability company, or the president or vice president of a corporation shall execute any Bid or Agreement document on behalf of the Qualified Bidder, the Authority shall be furnished satisfactory evidence of such officer's or agent's authority to bind the Qualified Bidder with respect to the contents of the Bid documents signed by him or her. 8. Contract Bond or Letter of Credit. The successful Qualified Bidder shall provide to Authority, upon the Effective Date, which is nine months prior to the Commencement Date, and shall thereafter maintain in effect throughout the Term thereof, a Contract Bond or Letter of Credit in the form attached to the Agreement. The amount shall be equal to twenty-five percent (25%) of the Minimum Annual Privilege Fee during the Initial Period (the amount of the Contract Bond or Letter of Credit shall be rounded to the nearest One Thousand Dollars ($1,000.00), unless in the sole discretion of the Authority, the financial statements submitted by the otherwise successful Qualified Bidder are insufficient for the Authority to determine the Qualified Bidder's financial capability, in which event the Authority may require the successful Qualified Bidder to submit a Contract Bond or Letter of Credit in the amount of One Hundred percent (100%). In addition, such Contract Bond or Letter of Credit shall also include an amount equal to three times the monthly average of CFCs collected during the prior Agreement Period. On the First day of each Agreement Period following the Initial Period, the Contract Bond or Letter of Credit shall be adjusted to an amount equal to twenty-five percent (25%) of the established Minimum Annual Privilege Fee, unless the financial statements submitted with the RFQ Eligibility and Qualification Form were deemed insufficient by the Authority, in which event the amount of the Contract Bond or Letter of Credit shall equal One Hundred percent (100%) of the Minimum Annual Privilege Fee. 9. Agreement Execution. The successful Qualified Bidder shall, within thirty (30) days after the receipt of the Agreement from the Authority, together with the Authority's written request that it be executed by the successful Qualified Bidder, deliver to the Authority, two (2) fully executed copies of the Agreement (provided by the Authority),, along with copies of any affidavits, certificates, or other documents required to be provided to the Authority upon execution of the Agreement as well as, for Tier A Successful Bidders, the first payment of one half of its Location Bid. Failure on the part of the successful Qualified Bidder to whom a Concession has been awarded to execute and deliver to the Authority the Agreement and other documents and payments required by the Authority, within the time herein permitted, shall be just cause for cancellation of the award by the Authority, unless such period is extended by the Chief Executive Officer in his sole discretion. In such event, or in the event of the Qualified Bidder s attempt to withdraw the Bid within the one hundred twenty (120) days following the deadline for the receipt of the Bids, the Qualified Bidder shall be liable to the Authority for all of the Authority's damages arising out of the Qualified Bidder's breach of its obligations set forth herein, including, but not limited to, Authority's cost of resoliciting Invitations to Submit Competitive Bids, if new Bids are solicited, any difference between the guaranteed financial return to Authority presented by the breaching Qualified Bidder's Bid, and the guaranteed financial return to Authority presented by the Bid 12

13 submitted by the Qualified Bidder that receives a re-awarded Agreement, regardless of whether Authority awards the Agreement to the next ranked Qualified Bidder, or elects to solicit new Invitations to Submit Competitive Bids, and the Authority's costs, expenses and Attorney's Fees, as defined in the Agreement. For Tier A Successful Bidders, the balance of the Location Bid shall be paid on the oneyear anniversary of execution of the Agreement. No Agreement shall be deemed to be in effect until the Authority has executed the same and a fully executed copy has been returned to the successful Qualified Bidder. 10. Public Meetings. Please be advised that all meetings of the Concessions Procurement Committee to qualify, evaluate, and rank Bids and all meetings of the Authority's governing Board to consider awards of the Concessions are duly noticed public meetings and that all documents submitted to the Authority as a part of a Bid constitute public records under Florida laws. Bidders are invited to attend all of these public meetings. 11. Additional Information Public Entity Crimes Act. Please note that Section (2)(a), of the Florida Statutes, provides that: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $35,000 for a period of 36 months from the date of being placed on the convicted vendor list Code of Ethics and Business Conduct. The Authority has adopted a "Code of Ethics and Business Conduct" policy which addresses, among other things, the obligations of the Authority's employees with respect to interests in business entities, unauthorized compensation and acceptance of gifts. Please be aware that any act by a Bidder that could lead an Authority employee to violate the policy is sufficient cause for the denial of the right of the Qualified Bidder to Bid or propose on any contract or sell any materials, supplies, equipment, or services to the Authority for a period of time that is determined by the Chief Executive Officer. A copy of the policy is available upon request from the Manager of Board Services by calling (407) Scrutinized Companies. By submitting a Bid Form, the firm certifies that it is not: 1) included on the Scrutinized Companies with Activities in Sudan List; 2) included on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; 3) included on the Scrutinized Companies that Boycott Israel List; or 4) engaged in the boycott of Israel. The Greater Orlando Aviation Authority appreciates your interest in the Automobile Rental Concessions and in the Orlando International Airport. GREATER ORLANDO AVIATION AUTHORITY By: Raymond D. Anderson, Esq. Senior Director, Concessions and Commercial Properties 13