INSTRUCTIONS TO PROPOSERS. 1. Attention of all proposers is directed to Chapter 30B section 16 of the General Laws of the Commonwealth of Massachusetts governing transactions involving real property and to all other applicable sections of the General Laws as most recently amended which govern the award of this contract. 2. The Airport may cancel this RFP, in whole or in part, whenever such action is determined to be in the best interest of the Airport. 3. Required forms are provided by the awarding authority in the appendices attached. All proposals shall be in ink or typewritten and must be presented in an organized and clear manner. 4. Questions or clarifications arising from these documents shall be submitted to the Airport Property Manager in writing. They must be submitted in accordance with Section II “Key Dates for This Proposal”. 5. Each proposer shall acknowledge receipt of any and all addenda issued to the Request for Proposals by so indicating in the Cover Letter/General Response. Failure to do so shall be cause to reject the proposal as being unresponsive. 6. The proposer shall sign the proposal in ink or in the case of an organization, firm, partnership or corporation, a person having the legal authority from said organization to sign the proposal will sign the document. 7. Proposers may correct, modify or withdraw the original proposals on or before the date and time stated in the “Legal Advertisement”. Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the proposer. Any late correction or modification to the proposal will not be accepted. A proposer who wishes to withdraw a proposal must make a request in writing. 8. Each proposer shall be presumed to have read and be thoroughly familiar with these documents. Unfamiliarity with these documents shall in no way relieve any proposer from any obligation with respect to his/her proposal. 9. It is understood that the proposal submitted to the Airport will remain valid for 180 days past the submission deadline and may be extended at the mutual agreement of both parties. 10. The proposer’s attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over real property transactions shall apply to the contract throughout, and they shall be deemed to be included in the contract the same as though herein written out in full. 11. It is understood that the proposer has submitted the proposal in good faith and has not colluded with any other individuals, organizations, or corporations in creating the proposal to subvert the market process. See Certificate of Non-Collusion attached (Appendix A). 12. All costs involved in preparing the proposal will be borne by the proposer. The Airport, the Airport Director, or any department, division or section of the Airport, will not be liable for any costs associated with the creation of the proposal. 13. Proposals which are incomplete, conditional or unclear, may be rejected. The Airport retains the right to waive any minor informalities in the proposals. No award will be made to any proposer who cannot satisfy the awarding authority that it has sufficient ability and sufficient capital to enable the proposer to meet the requirements of these specifications. The awarding authority’s decision or judgment on these matters shall be final, conclusive and binding. 14. Qualifying proposals shall be opened in public and the place and time provided in Section II. 15. Any proposal received after the date and time stated in the “Legal Advertisement” will be deemed “non-responsive” and shall not be opened. Unopened proposals will be returned to the proposer. 16. Any Concession Agreement resulting from this RFP shall be awarded to the proposer whose proposal is deemed to be the most Highly Advantageous to the Airport.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
INSTRUCTIONS TO PROPOSERS. Please review the following instructions carefully prior to preparing and submitting your Proposal.
1. Attention Each Proposer shall submit: one (1) originally executed Eligibility and Proposal Form (Volume A, Item I) (the "Proposal"), eleven (11) complete, duplicate sets of all proposers documents forming the Proposal (a total of twelve (12) sets), and one additional electronic copy on a USB Drive or similar device.
a. The Eligibility and Proposal Form is directed provided in a writable format and must be completed, executed and submitted as the original document constituting your Proposal. Invitation to Chapter 30B Submit Competitive Proposals STC Retail Package 2 Concession Orlando International Airport August 27, 2018 Please type the information requested in the Eligibility and Proposal Form except signatures. Please respond to each item individually, and do not skip answering any item on the Eligibility and Proposal Form. If an item is not applicable, please indicate "Not Applicable" or "N/A" on the blank provided. If information in response to one item is included in a response to another item, you should either repeat the information or specifically cross reference the other response. Use additional pages as necessary and index your responses to correspond to the section 16 designation used in the completed Eligibility and Proposal Form. The number of additional pages shall be limited to 25, excluding the Eligibility and Proposal Form, design renderings, financial information, and ACDBE joint venture information. Proposers must submit a copy of the General Laws pro forma statement attached as Exhibit “A” to the Eligibility and Proposal Form as an Excel document (not a PDF) on the electronic copy of the Commonwealth Proposal.
b. The Eligibility and Proposal form should be placed with all attachments in a sealed container along with eleven (11) complete, duplicate sets of Massachusetts governing transactions involving real property all documents forming the Proposal (a total of twelve (12) sets), plus one additional electronic copy on a USB Drive or similar device with the words "Proposal for STC Retail Package 2 Concession," and to all other applicable sections the Proposer's name and address clearly indicated on the front of the General Laws container. Proposer’s financial information must be saved as most recently amended which govern a separate file from the award Eligibility and Proposal form on the electronic copy of this contractthe Proposal submitted.
2. The Airport Proposals and modifications may cancel this RFPbe delivered by hand, by overnight delivery or by certified mail. Proposals and modifications may not be delivered in whole any other manner (including via facsimile).
a. If a Proposal or in partmodification is delivered by hand it must be delivered to ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, whenever such action Esq., Senior Director, Concessions and Properties c/o the Aviation Authority’s Annex Building reception desk located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇- ▇▇▇▇.
b. If a Proposal is determined delivered by overnight delivery or by certified mail, it must be sent to be in the best interest attention of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Esq., Senior Director, Concessions and Properties c/o the AirportAviation Authority’s Annex Building reception desk located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇.
3. Required forms are provided by the awarding authority in the appendices attached. All proposals shall Proposals will be in ink or typewritten accepted beginning on October 8, 2018 and must be presented received by the Aviation Authority prior to 2:00 P.M., Eastern Time on October 10, 2018. All Proposals timely received will be publicly opened at the time and date stated above in an organized the Aviation Authority Annex Building, 1st Floor, Conference Room Gemini, located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇. Any Proposal received after the time and clear mannerdate specified above will not be considered and will be returned unopened. The Aviation Authority has designated the U.S. Naval Observatory time as the official time for the receipt of Proposals. The U.S. Naval Observatory time can be accessed by telephone at (▇▇▇) ▇▇▇-▇▇▇▇. No Proposal may be withdrawn after it is submitted unless the Proposer makes a written request for withdrawal, and such request is received by the Aviation Authority prior to the deadline for receipt of Proposals. Once the deadline for receipt of Proposals has occurred, no Invitation to Submit Competitive Proposals STC Retail Package 2 Concession Orlando International Airport August 27, 2018 Proposal may be altered or withdrawn for a period of one hundred twenty (120) days after such deadline.
4. Questions From the information provided in the Eligibility and Proposal Form (Volume A, Item I), it will be determined whether the Proposer has met the minimum eligibility requirements. It is important that each Proposer carefully and thoroughly complete the Eligibility and Proposal Form. If the Eligibility and Proposal Form is not timely submitted by the Proposer, or clarifications arising from these documents shall if, in the sole discretion of the Aviation Authority, the information contained therein is incomplete, materially defective or not responsive, the Proposal may be submitted to rejected by the Airport Property Manager in writing. They must be submitted in accordance with Section II “Key Dates for This Proposal”Aviation Authority.
5. Each proposer shall acknowledge receipt Any of the following causes may be considered sufficient for the disqualification of a Proposer and the rejection of its Proposal:
a. Submission of more than one (1) Proposal for the Concession by an individual, firm, partnership, corporation, or limited liability company under the same name 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 Proposers;
c. If the Proposer was not represented by an employee or lobbyist registered with the Aviation Authority at the Mandatory Pre-Proposal Conference, or if, in the Aviation Authority’s sole discretion, it is determined that the person alleged to have signed-in on behalf of the proposing entity was not physically present at the Mandatory Pre-Proposal Conference; or
d. Being in arrears on any and all addenda issued reports, fees, rent or other monies owed to the Request for Proposals by so indicating in Aviation Authority, past or present litigation with the Cover Letter/General Response. Failure Aviation Authority, past or present default under any contract with the Aviation Authority, or the failure to do so shall be cause to reject execute an agreement after the proposal as being unresponsiveaward of a concession or procurement contract with the Aviation Authority.
6. The proposer shall sign Aviation Authority reserves the proposal right, in ink its sole discretion, to waive any informalities or irregularities of a Proposal, except that (i) the Aviation Authority will not waive the requirement that a Proposal, complete in all material respects, be received by the Aviation Authority by the time and date specified for the receipt thereof, and (ii) the Aviation Authority will not consider any Proposal which does not conform in all material respects to the terms of this Invitation including a commitment to execute the Concession Agreement by the Proposer and a commitment by the Guarantor to execute the Agreement of Guaranty, if applicable, in the case of an organization, firm, partnership or corporation, a person having form attached to the legal authority from said organization to sign the proposal will sign the documentEligibility and Proposal Form.
7. Proposers may correctThe Aviation Authority reserves the right to request clarification of information submitted in any Proposal, modify to require additional information from any Proposer, or, in the Aviation Authority's sole discretion, to reject any or withdraw all Proposals for any reason and to re-advertise or not to re-advertise for Proposals.
8. The Aviation Authority also reserves the original proposals on or before right to extend the date and time stated in the “Legal Advertisement”. Corrections or modifications shall be in sealed envelopes, clearly marked period during which it will accept Proposals and to indicate the contents, with the name and address of the proposer. Any late correction or modification to the proposal will not be accepted. A proposer who wishes to withdraw a proposal must make a request in writing.
8. Each proposer shall be presumed to have read and be thoroughly familiar with these documents. Unfamiliarity with these documents shall in no way relieve any proposer from any obligation with respect to his/her proposal.
9. It is understood that the proposal submitted to the Airport will remain valid for 180 days past the submission deadline and may be extended at the mutual agreement of both parties.
10. The proposer’s attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over real property transactions shall apply to the contract throughout, and they shall be deemed to be included in the contract the same as though herein written out in full.
11. It is understood that the proposer has submitted the proposal in good faith and has not colluded with any other individuals, organizations, or corporations in creating the proposal to subvert the market process. See Certificate of Non-Collusion attached (Appendix A).
12. All costs involved in preparing the proposal will be borne by the proposer. The Airport, the Airport Director, or any department, division or section of the Airport, will not be liable for any costs associated with the creation of the proposal.
13. Proposals which are incomplete, conditional or unclear, may be rejected. The Airport retains the right to waive any minor informalities in the proposals. No award will be made to any proposer who cannot satisfy the awarding authority that it has sufficient ability and sufficient capital to enable the proposer to meet the requirements of these specifications. The awarding authority’s decision or judgment on these matters shall be final, conclusive and binding.
14. Qualifying proposals shall be opened in public and the place and time provided in Section II.
15. Any proposal received after extend the date and or time stated in scheduled for the “Legal Advertisement” will be deemed “non-responsive” and shall not be opened. Unopened proposals will be returned to the proposer.
16. Any Concession Agreement resulting from this RFP shall be awarded to the proposer whose proposal is deemed to be the most Highly Advantageous to the Airport.opening of
Appears in 1 contract
Sources: Concession Agreement