business.flydenver.com · Web viewREQUIRED FORMSPage 1October 9, 2013. RFP for Specialty Retail –...

REQUIRED FORM ‘A’: PROPOSAL CHECKLIST AND PRESS RELEASE INFORMATION

Proposal for: Specialty Retail Tax & Duty Free/Duty Paid & Specialty Retail (Concourses A & B) & Optional Specialty Retail – Perfume, Cosmetics, & Fashion Accessories (Concourse C)

Entity Proposing: Click here to enter text

Authorized representative of proposer: Click here to enter text

Mailing address: Click here to enter text

Office phone: Click here to enter text

Cell phone number: Click here to enter text

E-mail address: Click here to enter text.

The following information, forms and documentation are to be included in the proposal. All forms are to be completed in full, signed, and included in the bound proposal in the section indicated.

1. Cover Letter – (two page limit)

2. Proposed Concept and Menus or Merchandise Listsa. Detailed Description of Concept/Brandb. Concept Conformityc. Brand Backgroundd. Advantages to DIAe. Deviation or adaptations of Conceptf. Published reviews or awardsg. Menus or Merchandise Lists and Pricing

3. Experience and Qualificationsa. Minimum Qualificationsb. Overall Experiencec. Experience with this Conceptd. Experience with Similar Concepte. Locationsf. Management Teamg. Operations Teamh. Referencesi. Defaults and Terminationsj. Delinquent Debts or Arrearages

4. Facility Design/Constructiona. Plan and Description of Proposed Facilityb. Investment Commitmentc. Schedule for Design and Construction

5. Management Plana. Staffing Plan

REQUIRED FORMS October 9, 2013RFP for Specialty Retail – Tax & Duty Free/Duty Paid (Concourses A & B & optional Specialty Retail – Perfume, Cosmetics & Fashion Accessories (Concourse C)

b. Operations Planc. Customer Service Plan

6. Business Plana. Proposer’s Business Diversity Policyb. Quality Control and Supervision by Ownerc. Financial Pro Formad. ACDBE Participation

7. Required FormsA. Proposal Checklist and Attachment A (This form - completed and

executed)B. Proposer Questionnaire (Complete and execute using form provided)

1. Attach financial information as required in Part 4 – Financial information

C. ACDBE Participation and Commitment FormD. Proposal Form (Complete and execute using form provided)

1. Capital investment amount (fill in)2. First-year Minimum Annual Guarantee (fill in)7. Proposer’s Signature

E. Brand Portfolio Affidavit (Complete and execute using form provided)F. Evidence of Licensing or Franchising Authority– Include a letter from the

brand owner stating that the proposer will be authorized to operate using the brand. (Further evidence will be required prior to execution of the concession agreement).

G. Permitted Use and Comparables – Briefly describe, as a permitted use, your concept and list three stores this concept will compare itself to for pricing purposes. (Samples of permitted uses are provided on Exhibit G in the Required Forms)

H. Proposal Surety – Letter of Credit or Proposal Bond (complete and attach using form provided)

I. Addenda Acknowledgment SheetsJ. Proposal DocumentsK. Sample Concession AgreementL. Concentration Policy

Sign and include in proposal.

/s/

Name: Click here to enter text

Title: Click here to enter text

REQUIRED FORMS October 9, 2013RFP for Specialty Retail – Tax & Duty Free/Duty Paid (Concourses A & B) & optional Specialty Retail – Perfume, Cosmetics & Fashion Accessories (Concourse C)``

ATTACHMENT A TO REQUIRED FORM APRESS RELEASE INFORMATION

This form is not used during the proposal evaluation process. It is intended to provide information for a press release upon selection of the successful proposer.

1. “Doing Business As” name of the business: Click here to enter text

2. Legal name of the business: Click here to enter text

3. Are you an ACDBE firm? Yes, NoAre you partnering with an ACDBE Firm? If so, please name partnering company and contact: Click here to enter text

4. Location: Terminal, Concourse A, Concourse B, Concourse C

5. Type of business: Retail, Service, Restaurant w/out bar, Restaurant w/bar, Food Court, Other: Click here to enter text

6. Owner’s name: Click here to enter text

7. Name of company’s media contact: Click here to enter text

8. Company’s website: Click here to enter text

9. Media contact’s email: Click here to enter text

10. Media contact’s phone: Click here to enter text

11. Please tell us ten things that are special and interesting about your business. Examples include type of products, brands, menu items, local company, national company, design details, etc.

a. Click here to enter textb. Click here to enter textc. Click here to enter textd. Click here to enter texte. Click here to enter text


REQUIRED FORM ‘B’: PROPOSER QUESTIONNAIRE

GENERAL INFORMATION

The proposer hereby certifies that all statements and all answers to questions herein are true and correct to the best of its knowledge and belief. All information requested in this Questionnaire must be furnished by the proposer and must be submitted with the Proposal Form. Statements must be complete, accurate and in the form requested. Additional sheets may be attached if required. If additional sheets are required, identify all responses according to the corresponding number below. Write “N/A” where not applicable.

For each question that requires a separate attachment sheet, restate the paragraph number, and restate the corresponding question.

NAME OF ENTITY PROPOSING: Click here to enter text

1. ACDBE AND SMALL BUSINESS CERTIFICATION

Indicate below if the proposer is certified by the City and County of Denver as an Airport Concession Disadvantaged Business Enterprise (ACDBE) and/or as a Small Business.

Not a certified ACDBE Not a certified Small Business

Yes – ACDBE (Attach copy of Certification)

Yes – Small Business (Attach copy of Certification)

2. OWNERSHIP INTEREST AND DISCLOSURE

For corporations, partnerships, and limited liability companies, provide the name and address of each shareholder, member, or partner of the proposed concession with an interest of 5% or more.

NAME ADDRESS OWNERSHIP INTEREST (%)Click here to enter text Click here to enter text Click here to enter textClick here to enter text Click here to enter text Click here to enter textClick here to enter text Click here to enter text Click here to enter text

The City requests the following information that applies from all proposers: copies of joint venture agreements, shared ownership agreements, shared finance agreements, management contracts between joint venture partners or shareholders, responsibilities of each individual or entity identified above (including but not limited to management, day to day operations, recruiting, hiring and training of staff), distribution of profit, and capital contributions, Articles of Incorporation, Organization, Registration with the Colorado Secretary of State showing the entity being in good standing and State filings.


3. STATE OF INCORPORATION OR ORGANIZATION

Please provide the proposer’s state and date of incorporation or organization. Click here to enter text

4. TAX IDENTIFICATION NUMBER

Please state the proposer’s federal taxpayer identification number: Click here to enter text

5. FINANCIAL INFORMATION

a. Provide current Dun & Bradstreet Summary, if available. If a Dun & Bradstreet Summary is not available, state the reason.

b. Provide the name, address, telephone and fax numbers for a representative of the proposer’s bank. Attach a letter of reference from the bank.

c. Attach such other information that would demonstrate the proposer’s ability to fund the capital investment and undertake the obligations and operations that are the subject of this RFP. (For example, letter of commitment for financing from a bank or other lender, funding sources, investors, cash available, line of credit, etc.) All funds must specify that they are for this specific opportunity.

d. All proposers should provide financial statements, including balance sheets, statements of income, statement of cash flow and changes in financial position, for the last two calendar or fiscal years. Audited statements are strongly preferred. In the event audited financial statements are not available, all financial statements should be certified by the proposer’s Controller or an Officer of the Company.

e. If the proposer is an individual, attach copy of the proposers most recent federal income tax returns for the past two calendar or fiscal years and personal financial statement.

If additional information is requested for clarification, it must be submitted forthwith or your proposal will be considered non-responsive and will not be evaluated further.

6. SURETY INFORMATION

Has the Proposer ever had a bond or surety cancelled or forfeited? If no, so state. If yes, state name of bonding company, date, amount of bond, and reason for such cancellation or forfeiture.Click here to enter text

7. DISSOLUTION, INSOLVENCY, OR BANKRUPTCY INFORMATION


Has the Proposer ever (i) made an assignment for the benefit of creditors, (ii) had a receiver, liquidator or trustee of your property, (iii) had a petition filed by you or against you for bankruptcy or reorganization pursuant to the federal Bankruptcy Code or any similar state or federal statute, or (iv) been adjudicated as bankrupt or insolvent? If no, so state. If yes, give details, including date, court jurisdiction, amount of liabilities, and amount of assets and current status.Click here to enter text

8. DISCLOSURE OF DEBARMENT PROCEEDINGS, TERMINALS OR DEFAULTS, CONVICTIONS, AND PAYMENT DELINQUENCIES

a. Has the Proposer or any of its principals, parent companies, subsidiaries or related companies ever been debarred or suspended from bidding or proposing? If no, so state. If yes, include a statement of any proceedings which prohibited or limited the Proposer from bidding or proposing with any federal, state, or local government entity. Include a brief description of the reasons for such action having been taken, the effective dates thereof, and the governmental agency involved. Click here to enter text

b. Has the Proposer or any of its principals, parent companies, subsidiaries or related companies been terminated for cause or declared in default under any lease, agreement, loan, or other contractual obligation within the past five (5) years and the termination or default was not withdrawn or resolved in favor of the Proposer? If no, so state. If yes, include a brief statement identifying the contract in question and the parties to the contract, and a brief description of the default or termination. Click here to enter text

c. Has the Proposer or any of its principals, parent companies, subsidiaries or related companies been convicted of a bid or proposal related crime or violation, or been convicted of any felony in any jurisdiction within the last five (5) years? If no, so state. If yes, provide the names of the individuals, charges for which the individual was convicted, and the court of jurisdiction. Click here to enter text

d. Is the Proposer or any of its principals, parent companies, subsidiaries or related companies presently delinquent or in arrears in payments of rent or any debt incurred under any lease, agreement, loan, or other contractual obligation with the City or any other landlord or creditor? If no, so state. If yes, fully describe each delinquency or arrearage, including the contract in question, the parties to the contract and any legal or administrative proceedings a creditor has commenced to collect the delinquency or the Proposer has commenced to dispute the delinquency or arrearage under the provisions of the contract. Click here to enter text

9. DELINQUENT TAXES


Is the Proposer (or any affiliate) delinquent in the payment of any city, state, or federal taxes? If no, so state. If yes, fully describe each such obligation along with any agreed upon plan of payment with the respective taxing authority. Click here to enter text


10. ACCURACY OF SUBMITTED PROPOSAL DOCUMENT

The undersigned hereby attests to the truth, sufficiency, completeness and accuracy of all statements, answers, and representations made in this Questionnaire, including all supplementary statements, references and information attached herein (individual, partner, joint venturer, authorized officer of corporation, member or manager of a limited liability company etc.). Title: Click here to enter text



(SEAL) Date: Click here to enter text

Failure by Proposer to complete and sign above may result in automatic rejection of the entire proposal document.


REQUIRED FORM ‘C’: ACDBE PARTICIPATION AND COMMITMENT FORM

AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS

A. BACKGROUNDIt is the policy of the City that airport concession disadvantaged business enterprises (ACDBEs) as defined in 49 CFR Part 23 shall have maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Airport Concessions Disadvantaged Business Enterprise (ACDBE) participation is highly encouraged in all concession opportunities. The City and County of Denver’s Division of Small Business Opportunity (DSBO) has developed and implemented an ACDBE program for Denver International Airport as required under Department of Transportation 49 CFR Part 23. The ACDBE program objective is to ensure full and fair access to concession opportunities for all business and in particular ACDBE business entities. Contracts pertaining to the concession program at Denver International Airport are subject to the requirements of 49 CFR Part 23.

The City’s Director of DSBO has been delegated as the ACDBE Liaison Officer for Denver International Airport. In that capacity, the Director of DSBO is responsible for compliance with all aspects of the ACDBE program. The Director of DSBO has established ACDBE goals for the Airport and for this concession opportunity. The proposer shall commit, at a minimum, to meet the ACDBE participation goal as included in the competitive solicitation process and incorporated herein by reference as the percentage of annual gross receipts for this concession opportunity. The Director of DSBO will determine whether a proposer’s proposal for meeting this concession specific goal is responsive at the time the proposal is submitted.

B. OPPORTUNITY SPECIFIC ACDBE REQUIREMENT

For this Specialty Retail – Tax & Duty Free/Duty Paid and optional Specialty Retail –Perfume, Cosmetics & Fashion Accessories concession opportunity, an ACDBE participation goal of 33% has been established by the DSBO Director. ACDBE participation may be in the form of a joint venture, partnership or other legal arrangement that meets the eligibility standards in 49 CFR Part 23 and as detailed below. The ACDBE goal for this concession opportunity also may be met through the providing of goods and services from certified vendors. A list of ACDBE-certified vendors may be obtained from the Airport’s Division of Small Business Opportunity (see below for contact information) and the ACDBE Commitment Form must be included with the proposal. Additionally, if participation is to be obtained from a supplier(s) of goods and services, the ACDBE Letter of Intent Form (including Affirmation) indicating which certified vendor(s) has agreed to participate must be included with the proposal.

All firms upon which ACDBE certification is being relied, whether as proposer, JV partner, goods and services provider, subconcessionaire, subcontractor, or any other arrangement, must be certified by the City and County of Denver or the Colorado Department of Transportation as an ACDBE, in a category appropriate to the opportunity*, at the time the REQUIRED FORMS October 9, 2013RFP for Specialty Retail – Tax & Duty Free/Duty Paid (Concourses A & B) & optional Specialty Retail – Perfume, Cosmetics & Fashion Accessories (Concourse C)``

proposal is submitted. The successful proposer will be responsible for meeting this goal (or providing documentation of a good faith effort) on or before the deadline for submission of proposals in response to this RFP. The Director of the DSBO will determine whether proposals of participation and/or good faith efforts are responsive.

Certification applications may be obtained on the internet at http://business.flydenver.com/bizops/smallBus.asp or from DSBO, 201 West Colfax Avenue, Dept. 208, Denver, CO 80202, phone (720) 913-1999 or Denver International Airport, Airport Office Building (AOB), Suite 7810, Denver, CO 80249, phone (303) 342-2180. Questions regarding the certification process should be directed to the ACDBE Certification Coordinator located at DIA at [email protected].

*For ACDBE owners/operators, the category of certification must match the opportunity (i.e., for F&B opportunities, the ACDBE must be certified in an appropriate F&B category; an appropriate retail code for retail; an appropriate service code for service). ACDBE suppliers must be certified in a code that matches the good/service to be provided.

C. ACDBE PARTICIPATION:

A proposer may meet its ACDBE participation commitment utilizing any combination of options stated below, all of which require proof of ACDBE certification by the City and County of Denver, DSBO or the Colorado Department of Transportation (CDOT) pursuant to 49 CFR Part 23. ACDBE certification applications may be obtained via the methods and locations described above.

The amount and type of participation proposed will become a firm commitment in the Lease Agreement, which is monitored by the DSBO and the proposer agrees, as an express condition of its performance, to comply with the requirements of 49 CFR, Part 23 and the appropriate provisions under the concession agreement. Proposer acknowledges that its failure to comply with these requirements may result, at the discretion of the DSBO Director, in the imposition of sanctions as provided for in the concession agreement.

Options for meeting the ACDBE commitment are:

1) 100% ACDBE participation: The Concession is solely owned and operated by an ACDBE firm (letter of intent not necessary).

2) Percentage Participation: A designated percentage of the business to be owned, operated and/or maintained by an ACDBE through sub-contract, sub-lease or joint venture arrangements.**

3) Percentage of Goods/Services towards Vendor Purchases: A designated percentage of the gross revenue committed to the purchase of goods and services from ACDBE certified vendors. A list of ACDBE certified vendors may be obtained from the Airport’s DSBO (see below for contact information). Letter of Intent (below) must be completed by the proposer and signed by all parties.

4) Other Legal Arrangement: For this option, a proposer may propose some other legal arrangement as long as it meets the eligibility standards in 49 CFR Part 23.


http://business.flydenver.com/bizops/smallBus.asp

** Joint Venture Agreements: For purposes of ACDBE participation, joint venture means an association of an ACDBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the ACDBE is responsible for a distinct, clearly defined portion of the work of the contract and whose shares in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. The Division of Small Business Opportunity considers any entity that is comprised of an ACDBE and one or more other firms to be a joint venture even if the participants do not identify elsewhere as a joint venture. Joint venture entitles are not certified as ACDBEs.

If the proposer is participating in a joint venture with a certified ACDBE firm, a signed/fully executed agreement between all parties, along with a detailed list of roles and responsibilities for each party, must be submitted at the time of proposal. Additionally, the Joint Venture Eligibility Form and Joint Venture Affidavit contained in this RFP must be completed. (Forms are located at: http://business.flydenver.com/bizops/smallBus.asp under “CONCESSIONS PROGRAM INFORMATION”.)

Note: Joint ventures, though due at the time of proposal, should be reviewed by DSBO prior to submission. Proposers are encouraged to work with DSBO while negotiating and drafting agreements between parties to be certain the arrangement can be approved for ACDBE counting. In order to allow sufficient time for DSBO to review and respond to proposers, please submit requests for reviews, along with draft copies of agreements, to DSBO no later than two (2) weeks prior to proposal deadline.

Note: All firms upon which ACDBE certification is being relied, whether as proposer, JV partner, goods and services provider, subconcessionaire, subcontractor or any other arrangement, must be certified by the City and County of Denver or the Colorado Department of Transportation as an ACDBE, in a category appropriate to the opportunity*, at the time the proposal is submitted.

Questions regarding the certification process, certified vendors, joint venture agreements, subcontractor agreements, or any other ACDBE questions that arise concerning a concession opportunity should be directed via email to the DSBO ACDBE Program Coordinator located at Denver International Airport at [email protected] in person or by letter to DSBO, Denver International Airport, Airport Office Building (AOB), Suite 7810, Denver, CO 80249

ACDBE participation must be addressed in the proposal and, in the case of the use of an ACDBE as a goods and/or services provider, evidenced by a Letter of Intent signed by each ACDBE participant. The amount and type of participation proposed will become a firm commitment in the Lease Agreement, which is monitored by DSBO and the proposer agrees, as an express condition of its performance to comply with the requirements of 49 CFR Part 23 and the appropriate provisions under the concession agreement. Proposer acknowledges that its failure to comply with these requirements may result, at the discretion of the DSBO Director in the imposition of sanctions as provided for in the concession agreement.


mailto:[email protected]

http://business.flydenver.com/bizops/smallBus.asp

*For ACDBE owners/operators, the category of certification must match the opportunity (i.e., for F&B opportunities, the ACDBE must be certified in an appropriate F&B category; an appropriate retail code for retail; an appropriate service code for service). ACDBE suppliers must be certified in a code that matches the good/service to be provided.

D. ACDBE GOOD FAITH EFFORTS:

The Department of Transportation (DOT) ACDBE regulation found at 49 CFR Part 23 provides for the adoption of a good faith effort goals program. The program is administered by the Airport’s DSBO. In order to comply with the proposal requirements of Part 23 a proposer shall either meet the specific ACDBE goal on the concession opportunity or in the alternative demonstrate that the proposer has made sufficient good faith efforts to meet the goal in accordance with the good faith effort provisions of Part 23 detailed below. Proposers must work with DSBO during the Good Faith Effort process; failure to do so could result in the Good Faith Effort submission being deemed non-responsive.

1) If pre-proposal meetings are scheduled by the City at which ACDBEs may be informed of concession opportunities under a given proposal solicitation, attendance at such pre-proposal meetings is mandatory. Proposers are responsible for the information provided at these meetings. The good faith effort information must reflect the proposer’s knowledge of the information provided at these meetings.

2) Verifications of efforts to subcontract or joint venture, consistent with industry and professional practice, with the ACDBE whom the proposer has contacted, or who have contacted the proposer, including the name, address and telephone numbers of all ACDBEs contacted; a description of efforts made to subcontract; a description of the information provided to ACDBEs regarding the scope of work to be performed by subcontractors and members of a joint venture; and if attempts to subcontract actually occurred, the dates and places of such process and a description of the outcome.

3) Verification that, consistent with industry and professional practice, the proposer gave ACDBEs necessary access to and adequate time to review projected scopes of work and other documents as well as adequate time to prepare subcontractor proposals and/or negotiate joint venture arrangements. The proposer will also give a statement as to why the proposer and the ACDBE did not succeed in reaching a subcontractor or joint venture agreement.

4) Verification that, reasonably consistent with industry and professional practice, and the proposer’s past practices on similar projects, the proposer selected appropriate goods and services, and functions and activities of the concession operation, to be performed by ACDBEs in order to achieve the goals, including consideration of structuring the contract into economically feasible units to facilitate meaningful ACDBE participation


ACDBE COMMITMENT FORM

DENVER INTERNATIONAL AIRPORTCITY AND COUNTY OF DENVER

DIVISION OF SMALL BUSINESS OPPORTUNITY

Proposal for: Specialty Retail Tax & Duty Free/Duty Paid (Concourses A & B) and optional Specialty Retail – Perfume, Cosmetics, & Fashion Accessories (Concourse C) Concessions

SECTION A – PROPOSER INFORMATION

Name of Firm: Click here to enter text

Address: Click here to enter text

City: Click here to enter text State: Click here to enter text Zip: Click here to enter text

Contact Person: Click here to enter text Telephone: Click here to enter text

Email: Click here to enter text

Is your firm ACDBE Certified: Yes No If Certified, Attach Certification Letter

SECTION B – ACDBE COMMITEMENT

The ACDBE goal on this concession is 33%.

NOTE: The DSBO will only credit ACDBE participation that is certified as such by the City and County of Denver, Division of Small Business Opportunity (DSBO) or the Colorado Department of Transportation.

1. The undersigned proposer/concessionaire has satisfied the ACDBE concession requirements in the following manner (please check the appropriate space).

The proposer is committed to a minimum of Click here to enter text% ACDBE utilization on this concession contract which meets or exceeds the ACDBE goal on this concession opportunity. The amount and type of participation proposed will become a firm commitment in the Lease Agreement.

The proposer, unable to meet the ACDBE goal, is committed to a minimum of Click here to enter text% ACDBE utilization on this concession contract and submits its documentation demonstrating good faith efforts.

The proposer is unable to meet the ACDBE goal and submits documentation demonstrating good faith efforts.


2. Identify ACDBE sub-concessionaire, ACDBE joint venture partner, ACDBE equity partnership or other legal ACDBE business arrangement that meets ACDBE goal and eligibility standards in 49 CFR Part 23.

NOTE: An ACDBE Letter of Intent must be submitted for all ACDBE suppliers listed below. Attach copy of the ACDBE Certification Letter for all ACDBEs, regardless of participation type.

Name & Address of ACDBE Firm Role of ACDBE % Level of Participation on

ConcessionClick here to enter text Click here to enter text Click here to

enter textClick here to enter text Click here to enter text Click here to



enter text(Use Additional Sheets if Necessary)

ACDBE UTILIZATION – VENDOR/SUPPLIERS OPPORTUNITIES

NOTE: Complete only if suppliers will be used to meet any portion of the ACDBE goal

List all actual and anticipated major vendors/suppliers; include both ACDBE and non-ACDBE, to be utilized on the concession (use additional sheets if necessary). Examples: Janitorial services, accounting services, HR services, etc.

NOTE: The DSBO will only credit ACDBE participation that is certified as such by the City and County of Denver, Division of Small Business Opportunity (DSBO) or the Colorado Department of Transportation.

Name and Address of Company Business Area

Work to be Performed or Goods/Services to be

provided

Estimated Amount

($)ACDBE

Y N

LOI & Cert

Letter Attached

Click here to enter text Click here to enter text


Click here to enter text








Click here to enter text Click here to

Click here to


enter text enter textClick here to enter text Click here to

enter textClick here to enter text Click

here to enter text








(Use Additional Sheets if Necessary)

ACDBE Letter of Intent

Concessionaire/Proposer: Click here to enter text



Telephone: Click here to enter text E-mail address: Click here to enter text

ACDBE Supplier/Vendor: Click here to enter text




Description of the goods, services and/or work to be provided/performed by the ACDBE firm:Click here to enter text

The Concessionaire is committed to utilizing the above named ACDBE firm for the goods, services and/or work described above. The estimated dollar value of these goods, services and/or work per year is $Click here to enter text.

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:_____________________________________ Click here to enter text Click here to enter text

Concessionaire Signature Title Date


By: __________________________________ __ Click here to enter text Click here to enter text

ACDBE Signature Title Date

SECTION C – GOOD FAITH EFFORTSNOTE: Complete only if the ACDBE goal was not achieved.

The following items are minimally considered as good faith efforts and demonstrate specific initiatives made in attempting to achieve the concession specific ACDBE goal. Proposers are not limited to these particular areas and may include other efforts deemed appropriate. Please feel free to elaborate on any question below.

GOOD FAITH EFFORT QUESTIONS Yes No

1. If applicable, did you attend pre-proposal conference?

2. Did your firm request and obtain a copy of the certified ACDBE firms?

3. Were ACDBE firms contacted or solicited for concession participation?

4. Provide listing of solicited ACDBE firms with whom contact was made?Please identify name of company, contact person, date, phone number and briefly describe nature of solicitation. (Include as an Attachment)

5. Was direct contact made with the City’s DSBO office?If yes, please identify date/person contacted and assistance sought. (Include as an Attachment)

6. Identify all ACDBE support agencies/associations contacted for ACDBE assistance or solicitation (Minority Chambers of Commerce, purchasing councils, contractor groups, etc.). (Please attach copies of solicitation letters of assistance and/or describe, as an Attachment to this section, the personal contact made)

7. Were concession-related opportunities to this project advertised in minority/women newspapers and trade journals? (If yes, please include a copy of the advertisement or detail the name of the publication(s), date of advertisement and describe the solicitation)

8. Were copies of concession RFP furnished to any ACDBEs?

9. Identify efforts made to assist interested ACDBEs in obtaining bonding, insurance, or line of credit. (Please detail any assistance that was provided or if they were referred, to whom)

10. Discuss efforts made to define additional elements of the work proposed to be performed by ACDBEs in order to increase the likelihood of achieving the ACDBE goal.

11. List, as an Attachment, all ACDBE negotiations and/or bids received but rejected. Identify company name, contact person, telephone number, date, trade area and the reason for


rejecting the proposal or bid.12. Discuss any other effort(s) aimed at involving ACDBEs (Include as an Attachment):

(a) Identify any specific efforts to divide work, in accordance with normal industry practices, to allow maximum ACBE participation.

(b) Discuss joint ventures initiatives, requesting second-tier ACDBE subcontracting, etc., if any.

(c) List all other good faith efforts employed, please elaborate.(d) Discuss types of participation considered. If any methods were not pursued, please

provide the rationale behind this decision.

SECTION D - AFFIRMATION

I HEREBY AFFIRM THAT THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. I FURTHER UNDERSTAND AND AGREE THAT, THIS DOCUMENT SHALL BE ATTACHED THERTO AND BECOME A BINDING PART OF THE CONCESSION CONTRACT.

NAME AND TITLE OF AUTHORIZED OFFICIAL:


SIGNATURE: Click here to enter text

DATE: Click here to enter text


ATTACHMENT AACDBE Letter of Intent

Name of Concession/vendor firm: Click here to enter text


City: Click here to enter text State: Click here to enter text Zip Click here to enter text


Name of ACDBE Firm: Click here to enter text


City Click here to enter text State: Click here to enter text Zip: Click here to enter text

Telephone: Click here to enter text E-mail address Click here to enter text

Description of Goods and Services or work to be performed by ACDBE firm:Click here to enter text

The Concessionaire is committed to utilizing the above named ACDBE for the goods and services or work described above. The estimated dollar value of this work is $Click here to enter text .

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:________________________________________ Click here to enter text Concessionaire Signature Title

By: ________________________________________ Click here to enter text ACDBE Signature Title


REQUIRED FORM ’D’: PROPOSAL FORM

INSTRUCTIONS:

Complete sections 1, 2, and 3 as indicated, read sections 4 through 6, and sign in the appropriate space in section 7.

NAME OF PROPOSER: Click here to enter text

1. PROPOSED CAPITAL INVESTMENT

State the proposed Capital Investment that proposer will expend in improving and furnishing the concession space in accordance with the Proposal Specifications. This investment includes all fixed or built-in improvements such as furnishings, flooring, ceiling, equipment, accessories, casework, storefronts, signage, grills, security devices, lighting, and fixtures (excluding safes and cash registers).

If proposing only on the Tax & Duty Free/Duty Paid opportunities in Concourses A & B, complete ‘a’.

a. $Click here to enter text per square foot X 4,644.10 = Click here to enter text ($Click here to enter text). State in words and numbers, which will become the Required Minimum Investment in the concession agreement: Click here to enter text

If also proposing on the optional location in Concourse C, complete ‘b’.)

b. $Click here to enter text per square foot X 6,034.6 = Click here to enter text ($Click here to enter text.) State amount in words and numbers, which will become the Required Minimum Investment in the concession agreement. Click here to enter text.

Please be reminded that a Mid-Term Refurbishment (if applicable) of at least 20% of the Required Minimum Investment shall be required.

2. PROPOSED COMPENSATION TO THE CITY

a. The combined Minimum Annual Guarantee (MAG) for the Tax & Duty Free/Duty Paid opportunities on Concourse A Center Core and Concourse B Center Core, Mezzanine Level is$Click here to enter text.

b. For the Tax & Duty Free/Duty Paid opportunity on Concourse A Center Core and Concourse B Center Core, Mezzanine Level, state, in words and numbers, the combined proposed first year’s rent to Airport as stated in Year One of Proposer’s pro formas: Click here to enter text, ($Click here to enter text).


Tax & Duty Free/Duty Paid Proposers are required to combine their MAG and rent proposals for Concourse A and Concourse B from the figures contained on the individual pro formas.

c. The Minimum Annual Guarantee (MAG) for the optional Specialty Retail opportunity on Concourse C Center Core – Perfume, Cosmetics, and Fashion Accessories is $Click here to enter text.

d. For the optional Specialty Retail opportunity on Concourse C Center Core – Perfume, Cosmetics, and Fashion Accessories, state in words and numbers, the proposed first year’s rent to Airport as stated in Year One of Proposer’s pro forma: Click here to enter text, ($Click here to enter text).

PROPOSED PERCENTAGE COMPENSATION ON THE CONCESSION OPERATION

Proposer will propose percentage compensation at graduated levels as shown below.a. For the Concourse A and Concourse B Tax & Duty Free/Duty Paid

opportunity, Proposer will propose percentage compensation at graduated levels as shown below:

$0.00 to $1,499,999 = Click here to enter text%$1,500,000 to $2,999,999 = Click here to enter text%$3,000,000 and Over = Click here to enter text%

b. For the optional Concourse C optional Specialty Retail – Perfume, Cosmetics and Fashion Accessories, Proposer will propose percentage compensation at graduated levels as shown below:

$0.00 to $999,999 = Click here to enter text%$1,000,000 to $1,999,999 = Click here to enter text%$2,000,000 and Over = Click here to enter text%

The Minimum Annual Guarantee (MAG) will be paid monthly in advance on the first day of each month without billing. If the Percentage Fee is higher than the Minimum Monthly Guarantee (MMG), which is one twelfth of the MAG, the difference between the Percentage Fee and the MMG shall be paid to the City by the 10th calendar day of the succeeding month. (See the sample agreement, Section 5 - Payment of Compensation.) The MAG will be reset annually as an amount equal to 85% of the actual amount paid to the City in the preceding year, or the first year MAG, whichever is greater.

Passenger traffic varies so it is possible you may pay the MMG in one month and the Percentage Fee in another month. No adjustments or credits will be refunded at the end of each month. The percentage compensation fee is a monthly obligation, and


compensation will not be annualized at the end of each year to result in a credit for any month.

If concessionaire does not open for business by the established Required Opening Date, concessionaire will be assessed Interim Rent (which is equal to 100% of proposed first-year’s rent to the Airport as stated in Year One of Proposer’s pro forma) until such time as the concession opens for business.


3. STORAGE SPACE RENTAL

Optional concession storage space will be available. Storage space cost is currently $12.00 per square foot per year, is not included in the concession compensation, and is subject to change. Indicate the approximate amount of storage space required: Click here to enter text square feet

4. CONDITIONS OF PROPOSAL SUBMITTAL

Submittal of this Proposal constitutes a firm offer to the City and may be accepted by the City at any time within 120 days of Monday, December 16, 2013. The City, with Proposer’s approval, may extend this offer after the aforementioned date.

5. CONDITIONS OF AWARD OF CONCESSION PRIVILEGE

The City may, at its option, accept this Proposal as received or the City may waive irregularities and technicalities and, as it may be deemed to be in the best interest of the City, negotiate aspects of this Proposal to bring a reasonable financial return to the City. In any event, the City will notify the successful Proposer that an award will be made pending execution of a final concession agreement. With said notice the City will transmit to proposer a signature ready concession agreement. Proposer agrees to execute a final concession agreement and to deliver it to the City within fourteen (14) days from receipt of the signature ready concession agreement from the City. Certificates of insurance and a Performance Surety shall be furnished to the City upon execution of the Concession Agreement.

(Required construction bonds, certificates of insurance, building permits and tenant work permits must be submitted prior to issuance of a Notice to Proceed (NTP) with concession improvements by the Manager.)

6. CONFLICT IN LANGUAGEIf any language or information contained in this Proposal Form conflicts with the final executed concession agreement, then the language of the final executed concession agreement shall govern.


7. PROPOSER’S REPRESENTATIONSProposer understands, agrees, and warrants that:

A. Proposer has carefully read and fully understands the information that was provided by the City to serve as the basis for submission of this Proposal to operate a concession at Denver International Airport.

B. Proposer has the capability to successfully undertake and complete the responsibilities and obligations of the Proposal being submitted.

C. Proposal surety required for the Proposal Surety must be submitted with this Proposal and is attached hereto.

D. Proposal Surety will be held by the City to secure obligations. Proposer agrees to assume that it’s Proposal Surety be returned after ninety (90) days if Proposer is not selected, or (ii) after a final concession agreement has been executed with the successful Proposer and performance sureties satisfactory to City have been delivered to City, or (iii) after all Proposals have been rejected, whichever event occurs later in time. If this Proposal is accepted by the City and Proposer fails to execute a final concession agreement within fourteen (14) days of receipt, Proposer’s Proposal Surety shall be forfeited by the Proposer and retained by City, unless the Manager of Aviation, in her sole discretion, extends the date for execution of the Agreement, or elects to provide the service or proceed otherwise as it may be deemed to be in the best interest of the City.

E. All information contained in the Proposal is true and correct to the best of Proposer’s knowledge. If other than a sole proprietor, the Proposer whose signature is on the RFP document must be a legal entity of the partnership, corporation, or joint venture and is authorized to sign on behalf of said body.

F. Proposer did not, in any way, collude, conspire, or agree directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms, or conditions of this Proposal.

G. Proposer did not receive unauthorized information from: the City, RFP Evaluation Committee, Airport staff, Airport Legal Counsel, and/or Airport architects and engineers during the proposal period except as provided for in the Request for Proposal document package, addenda thereto, or the pre-proposal meeting.

H. The City reserves the right to reject any and all proposals and to negotiate aspects of the Proposal in order to bring a reasonable financial return to the City.

I. By submission of this Proposal, the Proposer acknowledges that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make said inquiries and to provide any and all requested documentation in a timely manner.


8. PROPOSER’S SIGNATURE

No proposal shall be accepted which has not been signed in ink in the appropriate space below:

A. If Proposer is an INDIVIDUAL, sign here (include a notarized affidavit attesting to the authority of said signature):

By: Click here to enter textProposer’s Signature Typed Name

B. If Proposer is a PARTNERSHIP or JOINT VENTURE, at least two (2) Partners or each of the Joint Ventures must sign here (include a notarized affidavit attesting to the authenticity of said signatures):

Partnership or Joint Venture Name: Click here to enter text

By: Click here to enter textSignature of Member of the Partnership or Joint Venture Typed

Name

By: Click here to enter textSignature of Member of the Partnership or Joint Venture Typed

Name

C. If Proposer is a CORPORATION or LIMITED LIABILITY COMPANY, the duly authorized officer(s) must sign as follows:

The undersigned certify that they are respectively:

Click here to enter text and Click here to enter textTitle Title

of said entity named below; that they are designated to sign this Proposal Form by resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its authenticity or Secretary’s certificate of authorization) for and on behalf of the below named entity, and that they are authorized to execute same for and on behalf of said entity.

Entity Name: Click here to enter text

By: By: Click here to enter text click here to enter textSignature Type Name &Title

By: Click here to enter text click here to enter textSignature Type Name &Title

By: Click here to enter text click here to enter textSignature Type Name &Title


Dated: Click here to enter text


REQUIRED FORM ‘E’BRAND PORTFOLIO AFFIDAVIT

Because the City reserves the right to grant to others the right to operate and sell specialty retail merchandise at other locations at the Airport, the City requires several assurances from any prospective Proposer. In addition, the Proposer must understand that any concession operated at Denver International Airport is not exclusive including any “brand” offered.

A. Disclose all exclusive arrangements between you and third parties that provide for rights and privileges to operate particular brands at U.S. Airports. Attach a separate page to this form if necessary.


B. Do any of the above relationships restrict or prohibit any person, firm, or corporation from conducting any business or concession, or selling, offering for sale or furnishing any commodity, article, facility or services in other locations at DIA? (If yes, describe the terms that restrict or prohibit and attach copies of the pertinent provisions of those agreements.)

You must check one of the following:No Yes

C. Will you agree to take all necessary and appropriate measures to permit and allow and not restrict or prohibit anyone from using the particular brands you listed above or entering into direct negotiations with the City for this or any other concession opportunity at the Airport?


D. If you are the successful proposer, will you agree to take no action, either now or in the future, that will impair the agreements of existing airport tenants who presently may be utilizing any of the brands you listed above?


Signature of Officer/Owner of Bidding/Proposing Entity

SECTION IV – REQUIRED FORMS 28 Error: Reference source not found 9, 2013RFP for Specialty Retail – Tax & Duty Free/Duty Paid (Concourses A & B) & optional Specialty Retail – Perfume, Cosmetics & Fashion Accessories (Concourse C)

REQUIRED FORM ‘F’: EVIDENCE OF LICENSING OR FRANCHISING AUTHORITY

Attach letter or other evidence from the franchisor or licensor that has ownership of the proposed concept showing that the proposer has, or prior to execution of the Concession Agreement by the City, will have the legal authority to use the concept or brand owned by others. The letter should be on franchisor’s letterhead and should outline the terms and conditions discussed between the parties about the opportunity, including a specific reference to this concession opportunity, a specific reference to the nature of the right Proposer has to use the name and offer the products of the franchise with this Proposal as well as a specific acknowledgement that the Proposer, if successful, has the continuing right to use the name and offer the products of the franchise at Denver International Airport.

If Proposer is awarded this concession privilege, failure to provide evidence of a duly executed franchise or license agreement at the time the successful proposer returns a signed final concession agreement to the City will result in withdrawal of the award of this concession privilege to the Proposer.


REQUIRED FORM ‘G’: PRICING, PERMITTED USE AND COMPARABLES

Proposer must review the Concession Policy that is posted on the Concessions Opportunities page at http://business.flydenver.com/bizops/documents/concessPolicy.pdf. Additionally, Proposer must review the Pricing and Comparables Template that is posted on the Concessions Opportunities page at: http://business.flydenver.com/bizops/documents/pricingTemplate.xls.

PERMITTED USE: Provide a brief description of your concept in a permitted use format. (See Attachment A for examples)




PRICING: Please confirm by signing below that Proposer has reviewed and understands the City’s Pricing Policy and that the pricing contained in this proposal conforms with said Policy.

Proposing Entity and Concept: Click here to enter text

Proposer’s Signature:

Title: Click here to enter text Date: Click here to enter text

COMPARABLES: Identify the Denver-metro stores that you will compare to.

1. Store Name: Click here to enter text

Store Address: Click here to enter text






ATTACHMENT APermitted Use Examples

EXAMPLES OF PERMITTED USES:Concept: ABC Hot Dogs (Food/Beverage)Permitted Use: Freshly prepared gourmet hotdogs and sausages including pork and beef, all-beef, kosher-style, bratwurst, low carb, vegetarian, corn dogs, and certified gluten free in various toppings. Specialty dogs include (list all specialty dogs). Side options include French fries, cole slaw, onion rings, green beans, Frito pie, chili cheese fries, chili con carne, green chili, sweet potato tots and nachos. Kids’ meals featuring hotdogs, corn dogs, and grilled cheese sandwich. Breakfast items include breakfast burritos and may be served all day. Permitted dessert items include cookies, frozen banana on a stick. Permitted non-alcoholic beverages include fountain drinks, bottled tea, bottled Gatorade, iced tea, fresh lemonade, limeade, and Arnold Palmers. Alcoholic beverages include beer on tap and wine. Sandwiches and burgers are limited to 10% of the food menu items. And for no other purpose whatsoever unless approved in advance by the City. Brand: ABC Hot Dogs

Concept: ABC Clothes (Specialty Retail)Permitted Use: Retail sale of high quality women's fashions and accessories including international, national, and local designs. Accessories may include unique travel essentials from Cial Bella Travel and The Laundress along with jewelry, sunglasses, bags, belts, scarves and other trendy women's fashion accessories. Brands: Michael Kors, Juicy Couture, Pandora, Edun, Free People, Spanx, Sweet Romance Jewelry, The Laundress, Vera Bradley, Viridis Luxe, Anne Klein, True Religion, Kensie, Mod Bod, DKNY, Anne Koplik, Cara

Concept: ABC Spa (Consumer Service)Permitted Use: Chair and table massage services, facials, manicures, nail color changes, pedicures, skin care, and waxing. Retail items to include local (Denver and Colorado including but not limited to, Clean Getaway Soap, MoonDance Botanicals) spa-related brands as well as branded items listed below; spa-related items such as and including travel blankets and pillows, soap, reflexology boards and socks. Brand: ABC Spa


REQUIRED FORM ‘H’: PROPOSAL SURETY - SAMPLE LETTER OF CREDIT

IRREVOCABLE LETTER OF CREDIT ISSUE DATE: Click here to enter text REFERENCE NO: EXPIRY DATE: Click here to enter text

BENEFICIARY: APPLICANT: City and County of Denver Click here to enter textDepartment of Aviation Click here to enter textDenver International Airport Click here to enter textAirport Property Office/Airport Office Building Click here to enter text8500 Peña Boulevard, Room 9870 Click here to enter textDenver, Colorado 80249-6340 Click here to enter text

Gentlemen:We hereby issue in your favor our Irrevocable Letter of Credit for the account for Click here to enter text up to the aggregate amount of US $10,000 and no/100 U.S. Dollars available by your draft(s) at sight drawn on and accompanied by the following documents:

1. The original of this Letter of Credit and all amendments thereto, if any.2. Beneficiary’s signed and dated statement reading as follows:

“Denver’s Manager of Aviation has failed to execute a final concession agreement with the City and County of Denver, Department of Aviation as required by Denver International Airport’s Request for Proposal document dated Click here to enter text.”

Partial drawings are allowed.All drafts drawn must state that drawing is made under the above Letter of Credit Number.

We hereby engage with the drawers, endorsers and bona fide holders that each drawn under and in conformity with the terms and conditions of this Letter of Credit and accompanied by the above specified documents with be duly honored if presented for negotiation at the above issuing office on or before the expiry date.

This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Letter of Credit (1993 Revision), International Chamber of Commerce, Publication No. 500.

___________________________________________Authorized Signature

Sample Irrevocable Letter of Credit 8/01Denver International AirportDepartment of Aviation


REQUIRED FORM ‘I’: ADDENDA ACKNOWLEDGEMENT

Attach and sign the acknowledgement form that is included with each Addendum to this RFP.


REQUIRED FORM ‘J’: PROPOSAL DOCUMENTS

You acknowledge that this Proposal is subject to CORA, the Colorado Open Records Act (C.R.S. 24-72-201 through 205). Proposals submitted in response to this RFP will be considered confidential and privileged and may not be inspected until an award has been made. If a lawsuit is filed to compel disclosure of any documents or information that the proposer asserts is confidential and exempt from disclosure, the City will tender all such information to the court for judicial determination of the issue of disclosure and may request that you agree to either intervene in such lawsuit to protect information you do not wish disclosed or waive any claim of privilege or confidentiality. If you choose to intervene in such a lawsuit and oppose disclosure of any documents or information, you agree to defend, indemnify, save and hold harmless the City, its officers, agents, and employees, from any claim, damages, expense, loss or costs arising out of the proposer’s intervention including, but not limited to, prompt reimbursement to the City of all reasonable attorney fees, costs and damages that the City may incur directly or may be ordered to pay by such court.

Please indicate whether or not you would like your proposal documents returned upon completion of the RFP process. All successful proposals become the property of the City and County of Denver.

No; it is not necessary to return the proposal documents; go ahead and shred them.

Yes; return the proposal documents to the name and address listed on Required Form A.

Yes; return the proposal documents to the name and address listed below:

Company Name: Click here to enter text

Proposer’s Name: Click here to enter text

Proposer’s Address: Click here to enter text


Proposer’s Signature:__________________________ Title: Click here to enter text

Date: Click here to enter text

SECTION IV – REQUIRED FORMS 34 Error: Reference source not found 9, 2013RFP for Specialty Retail – Tax & Duty Free/Duty Paid (Concourses A & B) & optional Specialty Retail – Perfume, Cosmetics & Fashion Accessories (Concourse C)

REQUIRED FORM ‘K’: SAMPLE CONCESSION AGREEMENT

A Sample concession agreement is posted on the Concessions Opportunities page at http://business.flydenver.com/bizops/proprfp.asp | Open Requests for Proposals.

Please note:

The Sample Agreement contains standard provisions for concessions at Denver International Airport and is provided so that proposers may make informed decisions when submitting responses to requests for proposals. The language of the Sample Agreement derives from the City’s legal and policy requirements. Although the City reserves the right to make changes to the Sample Agreement during the pendency of this concession opportunity, revisions to any final concession agreement would be made at the discretion of the City and only after selection of the successful proposer. Nothing herein shall be construed as creating any obligation on the part of the City to negotiate any provisions of the Sample Agreement.

Upon receipt of the Agreement, the successful proposer will have 14 days in which to sign and return the signature pages. If this does not occur within the 14 day period, the City may in its sole discretion, consider awarding the opportunity to the next successful proposer.

Please sign and date below acknowledging that you have read and understand this requirement.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Signature

Click here to enter text Click here to enter textPrinted Name Date

SECTION IV – REQUIRED FORMS 35 October 9, 2013RFP for Specialty Retail – Tax & Duty Free/Duty Paid (Concourses A & B) & optional Specialty Retail – Perfume, Cosmetics & Fashion Accessories (Concourse C)

REQUIRED FORM ‘L’: CONCENTRATION POLICY

The DIA Concession Policy and Chart of Ownership Concentration Exhibit are posted on the Concessions Opportunities page at http://business.flydenver.com/bizops/proprfp.asp | Open Requests for Proposals.

Please note:

Denver International Airport has provided this information so that proposers may make informed decisions when submitting responses to requests for proposals. The Chart of Ownership Concentration Exhibit is a snap shot in time of the concessions program at the time of the release of this concession opportunity.

☐ The proposing entity will not exceed the concentration limits

☐ The proposing entity will exceed the concentration limits, if so;1. Identify any owner(s) effected by the concentration limit,:

Owner’s Name: Click here to enter text

2. Identify the proposed concessions location(s) to be divested in an amount equal to or greater than the square footage of this opportunity, if selected:

Locations: Click here to enter text

Please sign and date the Chart of Ownership of Concentration and include it with the proposal documents. In addition to signing below acknowledging that you have read and understand this requirement.

_______________________________________ Click here to enter textSignature Date

________________________________________ Click here to enter textSignature Date

________________________________________ Click here to enter textSignature Date


APPENDIX A – SPACE EXHIBIT(S)

Space exhibits of the concession space, when available, will be posted on the Concessions Opportunity page under Incidental Documents at http://business.flydenver.com/bizops/proprfp.asp | Open Requests for Proposals


http://business.flydenver.com/bizops/proprfp.asp

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