Exhibit A: Proposal Acknowledgement Form
Dallas/Fort Worth International Airport
The proposer acknowledges that he/she has carefully examined the RFP, the attached draft Concession Lease Agreement and the enclosed lease exhibit(s) for the proposed Concession(s).
The proposer accepts all of the terms and conditions of the RFP, including the draft Concession Lease Agreement. The proposer understands the Concession Lease Agreement is not negotiable.
The proposer acknowledges that if the proposal is accepted, he/she will contract with the Airport pursuant to the attached Concession Lease Agreement within thirty (30) days of receiving the tendered Concession Lease Agreement from the Board, or the proposal deposit will be forfeited.
I affirm that all of the facts set forth in the proposal are true and correct, and that all projections are based on good faith estimates.
I also affirm that this company, corporation, firm, partnership, or individual has not prepared this proposal in collusion with any other proposer and that the contents of this proposal as to rent, terms or conditions of said proposal have not been communicated by the undersigned, not by any employee or agent to any other proposer or to any other person (s) engaged in this type of business prior to the official opening of the proposal.
Proposal Package ______
Location ID(s) ______
Name of Proposer: ______
Signature of Authorized Person: ______
Printed Name of Authorized Person: ______
Title: ______
Business Address of Proposer: ______
______
Business Phone: ______
Fax: ______
E-mail: ______
Date: ______
Subscribed and Sworn to before me this ______day of ______2012.
Exhibit B: Concessions Business Disclosure Form
Filling out a Concessions Business Disclosure Form for the DFW International Airport Board
1. Please make sure you have the correct version of the form, it should read “Issue Date 7/10” in the bottom right corner.
2. Use 10 pt. font with no bold, italicized or underlined words on the form.
3. Please make sure you include your entire business name on the form and it matches what is listed on your contract.
4. If you are a corporation, limited partnership, limited liability partnership or Limited Liability Company, your business name should include that designation or an abbreviation of that designation.
5. If the mailing address is the same as the business address write, “Same” in the space under mailing address. Do not copy the mailing address or leave blank.
6. Do not bold or underline the web or email addresses.
7. Please ensure the contact person’s information is up to date.
8. Under business structure check only one box. The next section is filled out only if your company is a corporation.
9. If your business is a corporation, check the box for profit or nonprofit, and ' public or private. These boxes must be checked. (Hint: to
make an “x” just double I click on the box and select the “checked” option). If you are an S corporation, professional, parent-sub, or close X the appropriate box as well.
10. The state, month and year of your company’s incorporation, registration or formation ALWAYS needs to be filled in. This is either the date you registered with the county clerk, or filed with the secretary of state.
11. List the names of ALL Investors with a financial interest or other ownership interest in the company. If the company is publicly owned please list the stock exchange it is traded on and the symbol. If your company is traded on a foreign exchange please name the foreign exchange is traded on.
12. Fill in names of Joint Venture owners if applicable.
13. The percentage of ownership needs to be filled in unless the company
is publicly traded. ALL of the Investors with a financial interest or other ownership interest in the company need to be listed with their corresponding percentages of ownership in this space. Please use whole or half numbers. NOTE: Attach a copy of the Certificate of Formation or Joint Venture Agreement, if applicable.
14. The form should be accurate as of proposal submittal date.
It is recommended this form be completed by a governing person, governing authority, or legal counsel.
Information about Entity Submitting Bid/Proposal/Offer
(This information must match the information provided on the Bid/Proposal/Offer.)
Business Name:Business Address: / Mailing Address:
City / State / Zip / City / State / Zip
Business Web Address:
Business Phone: / Business Fax:
Contact Person: / Contact’s Phone No.:
Contact’s E-Mail Address:
I. Entity Ownership Information
(Check the appropriate box and provide requested details below.)
Business Structure: (Please check only one box)
Partnership Limited Partnership / Limited Liability Partnership
Sole Proprietorship / Joint Venture / Limited Liability Company / Corporation (“C”)
IF CORPORATION, please check all the type(s) below that are applicable:
For Profit or Non Profit Public or Private
S Corporation Professional Parent-Subsidiary Close
State of Incorporation, Registration or Formation:
State: Month: Year:
Name(s) of Owner(s), Partners or Owner of DBA (include ALL investors with a financial interest or other ownership interest):
Name(s) of Joint Venture Participants (include ALL investors with a financial interest or other ownership interest):
UNLESS PUBLICLY TRADED list all individuals, partnerships, corporations or other legal entities having ownership interests in the business and indicate their percentage of ownership. Attach additional sheets if necessary. NOTE: Attach a copy of the Certificate of Formation or Joint Venture Agreement.
Form Completion Date:
Failure to properly complete and submit this form with the bid/proposal/offer may cause the bid/proposal/offer to be considered non-responsive.
Form Issue Date: 07/10
Exhibit C: Summary of Financial Statements
Proposer ______
Proposal Package ______
Location(s) ______
Year / 2009 / 2010 / 2011Total Assets / $ / $ / $
% Change in Assets to Prior Year / % / % / %
Long Term Liabilities / $ / $ / $
% Change in LTL to Prior Year / % / % / %
Short Term Liabilities / $ / $ / $
% Change in STL to Prior Year / % / % / %
Net Worth / $ / $ / $
% Change in Net Worth to Prior Year / % / % / %
Annual Sales / $ / $ / $
% Change in Annual Sales to Prior Year / % / % / %
Operating Income / $ / $ / $
% Change in Operating Income to Prior Year / % / % / %
Principal Business
Number of Employees
Number of Locations
Exhibit D: Estimated Investment
Proposer ______Location______
Estimated Investment
Architectural and Engineering Fees $______
Improvements $______
Furnishings, Fixtures and Equipment $______
Working Capital $______
Initial Inventory $______
Other (specify in notes section below) $______
Total Investment $______
Financing by Source ______$______
______$______
______$______
Equity $______
Equity as a Percent of Total Investment ______%
Total Investment $______
Notes
______
______
Exhibit E: Pro Forma
Location______
Describe your company's projection of sales and expenses for the first three years of operation. Include explanations with respect to any increase or decrease.
Note Year / Year 1______ / Year 2 ______ / Year 3 ______Total Sales / $ / $ / $
Percent Change in Sales vs Prior Year / % / % / %
Total Cost of Sales / $ / $ / $
Percent of Sales / % / % / %
Gross Income / $ / $ / $
Percent of Sales / % / % / %
Total G&A Expenses / $ / $ / $
Percent of Sales / % / % / %
Income Before Fixed Costs / $ / $ / $
Percent of Sales / % / % / %
Total Occupancy Costs / $ / $ / $
Percent of Sales / % / % / %
Earnings Before Interest, Taxes, Depreciation and Amortization / $ / $ / $
Percent of Sales / % / % / %
Please complete Attachment 2 – Sales Expectation Information with explanations of Year 1 Sales drivers and assumptions. Please explain your Exhibit E Pro Forma Year 1 sales expectations and what factors were used in those calculations. Please indicate what average ticket price and transaction volume assumptions were used in calculating your projected Year 1 sales.
Exhibit F-1: Airport Concessions Disadvantage
Business Enterprise (ACDBE)
Commitment Form
(This form is required as part of your proposal submission.)
The ACDBE goal on this concession is 35%
NOTE: The BDDD will only credit ACDBE participation that is certified by an approved certification entity at the time of proposal submission.
The undersigned concessionaire/vendor has satisfied the requirements of the proposal specifications in the following manner (Please check (a) the appropriate space):
____ The concessionaire is committed to a minimum of ____% of ACDBE utilization on this contract.
____ The concessionaire is unable to meet the ACDBE goal of 35% and is committed to a minimum of _____% ACDBE utilization on this contract and submits documentation demonstrating good faith efforts. (If checked must submit required Exhibits F-2 and F-3)
____ The concessionaire is unable to meet the ACDBE goal of 35% and submits documentation demonstrating good faith efforts. (If checked must submit required form Exhibit F-3)
Name of concessionaire firm:
______
Signature Title
Exhibit F-2: ACDBE Intent To Perform
(This form is required as part of your proposal submission,
except for 100% ACDBE participation.)
NOTE: An ACDBE Intent To Perform must be submitted for all ACDBEs listed and attach a copy of the ACDBE Certificate for each ACDBE; and NCTRCA-assigned Affidavit Number for out-of-state ACDBE firms.
Name of Concession/vendor firm
Address:
City:______State:______Zip
Telephone:______E-mail address
Name of ACDBE Firm:
Address:
City:______State:______Zip
Telephone:______E-mail address
Description of Goods and Services or work to be performed by ACDBE firm:
The Concessionaire is committed to utilizing the above named ACDBE for the goods and services or work described above. The estimated dollar value and percentage of this work is $______. ______%
NOTE: The ACDBE goal is expressed as a percentage of the total gross dollar value of the proposed concession awarded to ACDBE
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 thereto and become a binding part of the concession contract. I further attest that the above-named ACDBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above.
By:______
Concessionaire Signature Title
By: ______
ACDBE Signature Title
EXHIBIT F-3: ACDBE or D/M/WBE GOOD FAITH EFFORT PLAN
Please read these instructions carefully before completing the required Airport Concession Disadvantaged Business Enterprise/Minority/Women Business Enterprise (ACDBE/M/WBE) Good Faith Effort Plan. These instructions are designed to assist proposers document ACDBE program compliance or in preparing the required detailed and complete good faith effort information.
Proposers are required to submit detailed documentation when the contract specific ACDBE/MWBE goal, as specified in the Request for Proposal (RFP) document is not met. The DFW International Airport, Business Diversity and Development Department (BDDD) will review and approve a proposer’s good faith efforts
Questions regarding completion of the ACDBE/M/WBE Good Faith Effort Plan should be directed to the Procurement Contact:
Sonji Killyon – Senior Contract Administrator
972.973.5648
A. Proposers are required to make diligent efforts to achieve or exceed the contract specific ACDBE/MWBE goal as specified in the RFP document. Compliance with the ACDBE/MWBE goal or approved Good Faith Efforts are material to the concession agreement and will be monitored throughout the duration of the concession term.
The following is a list of types of actions which the BDDD will consider as part of the proposer’s good faith efforts to obtain ACDBE/MWBE participation. It is not intended to be mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.
1. If pre-proposal meetings are scheduled by the airport which ACDBE/MWBEs 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 statement 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/MWBE whom the proposer has contracted, or who have contracted the proposer, including the name, addresses and telephone numbers of all ACDBE/MWBEs 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 subcontractor actually occurred, the dates and places of such process and a description of the outcome.
Exhibit F-3: ACDBE or D/M/WBE GOOD FAITH EFFORT PLAN
(continued)
3. Verification that, consistent with industry and professional practice, the proposer gave ACDBE/MWBEs 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/MWBE 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 ACDBE/MWBEs in order to achieve the goals, including consideration of structuring the contract into economically feasible units to facilitate meaningful ACDBE/MWBE participation.
B. If a proposer cannot meet the ACDBE/MWBE goal as stated in the program, then an approved ACDBE/M/WBE Good Faith Effort Plan (considered on a pass/fail basis) is required otherwise your proposal will be considered non-responsive.
Administrative Reconsideration 26.53(d)
Within 30 days of being informed by The DFW International Airport that it is not responsive because it has not documented sufficient good faith efforts, a concessionaire may request administrative reconsideration. Concessionaire should make this request in writing to the following reconsideration official: