- Due Text
- Friday, July 31, 2026 11:00am
- Posted At
- Fri, May 22, 2026 3:41 PM
- Documents
- Terminal_3_Food_&_Beverage_Concessions_Operator_(Small_Business_Opportunity)_Micro_Restaurant_and_Mobile_Kiosk.pdf, A - 1 - A - T3 F&B Micro Resturant Mobile Kiosk - Draft Lease, B - 2 - B - Premise Map T3 FB Micro Restaurant, C - 3 - C - Premise Map Storage Space T3 FB Micro Restaurant, D - 4 - D - ACDBE-N RCS Clause - Pre-Award, E - 5 - E - ACDBE-N Lease Clause - Post-Award, F - 6 - F - EO1-200 ACDBE N Outreach Forms, G - 7 - G - EO2-200 ACDBE N Outreach Forms, H - 8 - H -EO3-200 ACDBE N Outreach Forms, I - 9 - I - Letter of Declaration (Equal Pay), J - 10 - J - Affidavit, K - 11 - K - Letter of Credit, L - 12 - L - Cash Deposit for Performance Guarantee, M - 13 - M - Tenant Design Criteria, N - 14 - N - Concessions Op and Service Standards, O - 15 - O - Capital Investment, P - 16 - P - F&B Concept Description, Q - 17 - Q - Qualifications and Experience of On-site Manager, R - 18 - R - Business Experience of Respondent's F&B Concept Ops, S - 19 - S - Contact Info for Respondent, T - 20 - T - Exp of Respondent and Partners with Concept, U - 21 - U - Pro Forma Micro, V - 22 - V - Pro Forma - Mobile Kiosk, W - 23 - W - Assumptions for Micro Restaurant, X - 24 - X - Assumptions for Mobile Kiosk, Y - 25 - Y - Conflict of Interest and Transparency, Z - 26 - Z - Respondent References, AA - 27 - AA - Insurance Requirements, BB - 28 - BB - Supplemental Terms And Conditions To All Airport Agreements REV. 4.29.26, CC - 29 - CC - Compliance-With-Environmental-Laws-REV.-, DD - 30 - DD - Micro Restaurant Equipment List and Value, EE - 31 - EE - Micro Restaurant and Mobile Kiosk Equipment List, #1 AVN RCS 26-0047 Pre-Offer Meeting Attendee List, #1 AVN RCS 26-0047 Pre-Offer Meeting Presentation, #1 AVN RCS 26-0047 Site Walk Attendee List
- Numeric Id
- 180212
- Description
- The City of Phoenix (City), Aviation Department (Aviation) is seeking Responses from qualified small businesses (as defined in Section 2.3 Food & Beverage General Standards and Concepts) in good standing to operate and manage a Food & Beverage (F&B) Micro Restaurant and a Mobile Kiosk concession with City provided equipment, as listed in Micro Restaurant and Mobile Kiosk Equipment List, Attachment DD & EE, at two different Terminal 3 (T3) Pre-Security locations at Phoenix Sky Harbor International Airport (PHX or Airport). The Successful Respondent will enter into a Concession Lease Agreement (Lease) with the City. The Draft Lease, Attachment A, wherein the Premises that will be operated and managed by the Successful Respondent are identified. The Premises Map, Attachment B & C, will be operated and managed by the Successful Respondent. There will be one Successful Respondent who will operate both the Micro Restaurant and Mobile Kiosk concessions. City will not have more than one Successful Respondent for this Solicitation.
This solicitation is available through the City’s Procurement Portal. For technical support issues related to the Procurement Portal, Offeror may use the support bubble on the bottom right, or email procurement-support@opengov.com for any assistance. For other issues related to this solicitation please contact the procurement officer listed under Contact Information.
Notwithstanding the foregoing, this Agreement will terminate upon the earliest occurrence: by reaching the end of the term including any extensions exercised, or termination pursuant to the provisions of this Agreement.
Timeline
Solicitation Issue Date:
May 22, 2026
Pre-Offer Conference (Non-Mandatory):
June 16, 2026, 10:00am
You may attend Virtual or In Person
**Please RSVP/Register for the meeting at: https://cityofphoenix.webex.com/weblink/register/r4d53d43b2b33fa2f13ac46339e8ba37b
For any issues registering or signing into the Pre-Offer Conference, please contact busopps.aviation@phoenix.gov or 602-273-3390.
In Person:
Aviation Headquarters: 2485 E. Buckeye Rd. Phoenix, AZ 85034
Site Walk :
June 16, 2026, 11:00am
Written Inquiries Due Date:
June 30, 2026, 3:00pm
Offer Due Date:
July 31, 2026, 11:00am
Join Online:
https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m02e74301abbcfc709339b85c1540cb6e
Join by phone
+1-415-655-0001 US Toll
Access code: 2345 877 5440
Evaluation:
August and September 2026
Council Award :
January 2027
- Contact Email
- busopps.aviation@phoenix.gov
- Contact Phone
- 602-273-3390
- Document Text
- 1. Introduction
1.1. Contact Information
Cadle Collins
Aviation
Email: cadle.collins@phoenix.gov
Phone: (602) 273-2054
1.2. Schedule of Events
The City of Phoenix reserves the right to change dates, times, and locations, as necessary. The City does not always hold a Pre-Offer Conference or Site Visit. All times in the Schedule of Events are local Phoenix, AZ Time.
To request a reasonable accommodation or alternative format for any public meeting, please contact the Procurement Officer (Cadle Collins) at (602) 273-2054/Voice or 711/TTY, or cadle.collins@phoenix.gov, no later than two (2) weeks prior to the meeting.
Solicitation Issue Date: May 22, 2026
Pre-Offer Conference (Non-Mandatory): June 16, 2026, 10:00am
You may attend Virtual or In Person
**Please RSVP/Register for the meeting at: https://cityofphoenix.webex.com/weblink/register/r4d53d43b2b33fa2f13ac46339e8ba37b
For any issues registering or signing into the Pre-Offer Conference, please contact busopps.aviation@phoenix.gov or 602-273-3390.
In Person:
Aviation Headquarters: 2485 E. Buckeye Rd. Phoenix, AZ 85034
Site Walk : June 16, 2026, 11:00am
Written Inquiries Due Date: June 30, 2026, 3:00pm
Offer Due Date: July 31, 2026, 11:00am
Join Online:
https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=m02e74301abbcfc709339b85c1540cb6e
Join by phone
+1-415-655-0001 US Toll
Access code: 2345 877 5440
Evaluation: August and September 2026
Council Award : January 2027
**Please Note: Registration or RSVP to participate virtually in the Pre-Offer Conference is required to obtain the Pre-Offer Conference information. A Respondent who wishes to join the Pre-Offer Conference virtually for this solicitation is required to register using the weblink or access code provided prior to the meeting. Upon completion of registration, the Pre-Offer Conference information will be forwarded to the registered email address.
Non-Mandatory Pre-Offer Conference and Site Tour
Offerors may attend the Pre-Offer Conference at the date and time listed in the Schedule of Events in this RCS document. Offerors may also attend the Site Tour. Offerors should register to attend by Tuesday, June 9, 2026, at 3:00 p.m. by emailing busopps.aviation@phoenix.gov. and indicate the number of personnel attending. The Site Tour will include post-security areas at the Airport so all attendees will be subject to Transportation Security Administration (TSA) screening. Please bring a TSA-approved form of identification (e.g. state-issued driver’s license or U.S. passport).
1.3. Introduction
The City of Phoenix (City), Aviation Department (Aviation) is seeking Responses from qualified small businesses (as defined in Section 2.3 Food & Beverage General Standards and Concepts) in good standing to operate and manage a Food & Beverage (F&B) Micro Restaurant and a Mobile Kiosk concession with City provided equipment, as listed in Micro Restaurant and Mobile Kiosk Equipment List, Attachment DD & EE, at two different Terminal 3 (T3) Pre-Security locations at Phoenix Sky Harbor International Airport (PHX or Airport). The Successful Respondent will enter into a Concession Lease Agreement (Lease) with the City. The Draft Lease, Attachment A, wherein the Premises that will be operated and managed by the Successful Respondent are identified. The Premises Maps, Attachment B & C, will be operated and managed by the Successful Respondent. There will be one Successful Respondent who will operate both the Micro Restaurant and Mobile Kiosk concessions. City will not have more than one Successful Respondent for this Solicitation.
One (1) small business F&B concession contracting opportunity exists in this Revenue Contract Solicitation (RCS). The available F&B space is:
Micro Restaurant (L-MR): 1,225 square feet (includes seating)
Mobile Kiosk (L-MK): 150 square feet
The City encourages competition in all of its solicitations. The City’s desired outcomes from this solicitation process are to:
Provide passengers with F&B experiences that authentically reflect the local community's culinary heritage, address Airport customer needs and preferences through innovative concepts and menu offerings, and reflect current trends over the term of the Lease.
Optimize sales and rental revenues over the term of the Lease.
Incorporate technology and innovative service concepts to enhance service offerings and the passenger experience in T3 pre-security locations.
Increase opportunities for local and small business participation.
Provide quality food and beverage offerings that showcase local brand concepts and create a welcoming experience for Airport customers.
Select Respondent, including their subtenant and/or joint venture partner(s) (if any), who have experience in the successful operation of F&B concepts.
Select Respondent based on the entire Response, not solely based on the highest projected gross sales and/or rental revenues.
Select Respondents based on a number of factors including Respondents’ ability to provide the highest quality customer service, goods, and convenience to the traveling public, while also providing a quality workplace for employees and demonstrating a commitment to sustainability, in addition to the expectation of rental revenues.
Selection will be based on the entire Response and the Evaluation Criteria and will not be solely based upon the highest financial return to the City. All Respondents must demonstrate not only food & beverage concessions experience and financial capability, but also creativity in proposing the food concepts that will enhance the customer experience.
To support a quality, productive workplace for the airport concession workforce, it is important to the City that the concessionaires offer affordable, high-quality health insurance, competitive wages, and safe working conditions.
1.4. Background
PHX is among the busiest airports in the United States, serving more than 142,000 passengers daily, with over 1,300 flights per day by 25 airlines with nonstop air service to over 140 destinations.
As passenger projections continue to grow, the Airport must expand its facilities and concession offerings to support passenger growth. A new six-gate concourse is currently under construction at T3, North 2 Concourse, and will begin operations in 2027. When this new concourse opens, passenger traffic in the existing T3 baggage claim area will increase. Currently, only one F&B unit operates in the baggage claim area, serving arriving passengers as well as family members and friends who meet them. The Mobile Kiosk will be added to this area to support current and growing customer needs. The Airport's Security Badging Office has recently relocated to T3, Level 4. The proposed site for the Micro Restaurant is strategically positioned adjacent to this office, offering high visibility and convenient access to meal options for PHX staff. Additionally, the location is near the T3 parking garage entrance and sits directly along the main route used by arriving passengers heading to baggage claim. This placement ensures easy access and strong visibility for both travelers and the friends or family members meeting them.
Recent performance data support the need for expanded food options in T3. Since 2022, PHX has experienced a steady increase in both passenger enplanements and concession gross sales as PHX recovered from the pandemic. According to available data, T3 passenger enplanement numbers grew by 28% from 2022 to 2024, reaching 6,584,964 in 2024. This increase in passenger traffic boosted food and beverage concession sales, with gross sales increasing by 48% during the same period. In 2024, total concession for Terminal 3 reported gross sales generated over $87 million, demonstrating a strong post-pandemic recovery and increased passenger spending.
As PHX continues to focus on enhancing the passenger experience, these statistics underscore the positive correlation between rising enplanements and increased revenue from airport concessions. PHX is expected to experience an estimated 2.5% passenger growth, as new facilities, including a new concourse in T3 and additional dining options, are anticipated to be operational in the coming years.
T3 Gross Sales and T3 enplaned passengers by airline and calendar year are shown in the tables below.
TERMINAL 3 GROSS SALES
Category
CY 2022
CY 2023
CY 2024
Food & Beverage
$ 34,841,939
$ 49,387,091
$ 55,472,572
PEET'S COFFEE GROSS SALES DATA TERMINAL 3 - LEVEL ONE
CY
2022
2023
2024
TOTAL
SALES
$ 491,718
$ 1,105,902
$ 1,500,783
$ 3,098,403
TERMINAL 3 ENPLANED PASSENGERS BY AIRLINE
AIRLINE
CY 2022
CY 2023
CY 2024
Advanced Airlines
2,012
4,467
5,703
Air Canada
132,264
164,524
177,465
Alaska Airlines
725,970
768,017
777,471
Allegiant Airlines
45,255
58,392
62,657
Boutique Air
3,260
-
-
Breeze Airways
1,531
54,245
44,160
Contour Airlines
9,447
9,299
12,334
Delta Air Lines
1,628,335
1,836,447
1,870,472
Denver Air Connection
5,019
8,412
8,276
Frontier Airlines
706,130
1,288,731
1,444,256
Hawaiian Airlines
91,847
98,144
103,951
jetBlue Airways
158,155
132,304
133,487
Porter Airlines
-
-
10,324
Southern Airways Express
-
4,491
3,110
Spirit Airlines
204,764
303,079
188,195
Sun Country Air
131,865
136,958
145,825
United Airlines
1,301,836
1,463,438
1,597,278
TOTAL
5,147,690
6,330,948
6,584,964
More PHX statistics are available at https://www.skyharbor.com/About/Information/AirportStatistics.
The City makes no representation or warranties, expressed or implied, as to the accuracy, reliability, or relevancy of the statistical data. The Respondent assumes all risk associated with using the data, including its accuracy, reliability, relevance, and/or materiality to the formulation of its Response.
Airport Environment
The Airport environment presents unique operational challenges that differ significantly from those in shopping centers or street locations:
Time-Sensitive Customers
Airport customers have limited time to spend at food and beverage concessions and must be served promptly.
Year-Round Operations
Concession units must operate 365 days a year, with hours and staffing levels adjusted to reflect seasonal and daily fluctuations in passenger traffic.
Flight Delays and Flexibility
Airport-wide flight delays are not uncommon and may result from weather conditions locally or in other regions. Operations plans must be flexible enough to extend hours and accommodate increased demand during these periods.
Delivery Scheduling
Deliveries must occur during scheduled hours that do not conflict with peak passenger traffic times.
Non-Smoking Facility
The Airport is a smoke-free environment.
Customer Profile
Customers are primarily airline passengers traveling with carry-on luggage, baggage carts, and airport employees.
Employee Role
Each concession employee serves as an ambassador for the Airport. Comprehensive training is essential and should include familiarity with terminal areas.
1.5. Small Business Opportunity
The City of Phoenix defines small business firms as 1) Independent and for-profit business concerns, 2) Owned and controlled by one or more persons, 3) Personal Net Worth (PNW) of each owner(s) cannot exceed $2.047M, 4) Annual Gross Sales (averaged over the business’ previous 5 years) cannot exceed $56.42M.
1.6. Definitions
The following definitions apply to this Revenue Contract Solicitation (RCS). There are additional definitions in the attachments, exhibits and appendices. If there is a conflict between these definitions and the definitions in the attachments, exhibits and appendices then the definitions in the attachments, exhibits, and appendices govern those documents.
AGGRIEVED PARTY means a person or a business that intends a Response that alleges a mistake, impropriety or defect in the solicitation will harm the person or business.
AIRPORT means Phoenix Sky Harbor International Airport, Phoenix Deer Valley Airport and/or Phoenix Goodyear Airport, in accordance with the context of the contract.
CONTRACT includes any and all City of Aviation Department contracts, subcontracts, agreements, leases, subleases, licenses, permits, concessions or other documents, however denominated that grant or convey a right or privilege on an Airport.
DAYS means calendar days, except as otherwise expressly provided in this RCS.
DISCUSSIONS means an exchange between the Procurement Officer and one or more Respondents submitting Responses determined to be Reasonably Susceptible Responses.
EVALUATION CRITERIA The factors used by the City to evaluate proposals, statements of qualifications or responses. Examples of Evaluation Criteria may include such factors as: past performance; experience; references; financial, management and technical capability; quality and performance of goods or services; and price, cost or revenue in the case of Revenue Contracts.
GOOD CAUSE means substantial grounds or evidence based upon facts not in dispute as determined by the Procurement Officer that the failure by an aggrieved party or a Respondent to submit a timely Response, protest or appeal was beyond its control due to misinformation relayed in writing by a city employee.
JOINT VENTURE (JV) means an association between two or more persons, partnerships, corporations, or any combination thereof, formed to carry on a single business activity.
LEASE is a written agreement with the City to conduct business on City property.
REASONABLY SUSCEPTIBLE RESPONSE means a Response that, based on the evaluation criteria, has a substantial chance of resulting in a Lease award.
RESPONDENT/OFFEROR means an individual, partnership, JV, corporation or firm that submits a Response to the City to perform services requested by a RCS.
RESPONSE/OFFER means a written response to this Revenue Contract Solicitation.
RESPONSIBLE means to be fully capable of meeting all of the requirements of the solicitation, including possessing the capacity, operational and financial capability, and integrity to perform as contractually required.
RESPONSIVE means an offer or Response that on its face satisfies all material requirements of the solicitation.
REVENUE CONTRACT SOLICITATION (RCS) A solicitation for revenue contracts, including all amendments or supplements thereto.
SUBCONTRACTOR means an individual, partnership, JV, corporation or firm that holds a contract at any tier below the Lease, including a vendor under a purchase order.
SUBTENANT a person or entity that leases property from Respondent.
SUCCESSFUL RESPONDENT means an individual, corporation, firm or JV that has been selected by the City to perform services requested by a RCS.
1.7. Minimum Qualifications
Each Respondent must submit documentation in its Response to demonstrate it meets the required minimum qualifications and include all information requested in this section or the Response will be rejected as non-responsive. The City of Aviation Department reserves the sole right to determine if Respondents meet the minimum qualifications.
The respondents must have a minimum of three (3) or more continuous years, in the last six (6) years of experience in the ownership, executive management, or operation of a Food & Beverage business concept. Executive management is defined as the president, vice president, officer (including chief operating officer, chief executive officer, and chief financial officer), majority owner or stockholder, joint venture partner, managing partner, controlling partner, controlling owner or any individuals with authority to make decisions on behalf of an organization that will impact the overall direction of the organization. If Respondent is a newly formed entity, Respondent must demonstrate that owners, which may include JV partners of Respondent, who, in the aggregate, own 51% or more of the entity each, satisfies this experience requirement.
Respondent must be a Small Business Firm, as that term is specified in Section 1.5.
Respondent must include a Sustainability Program for the proposed concessions that is consistent with the goals of the Aviation Department’s Sustainability Management Plan (SMP) and describes how the Respondent will assist Aviation in meeting its sustainability goals. Aviation’s goals are highlighted in the Aviation Department’s Sustainability Focus (ASF) document available on Aviation’s website at https://www.skyharbor.com/about/Sustainability
Respondents who do not meet the minimum qualifications are encouraged to joint venture partner or sublease with more established firm(s).
1.8. Good Standing
Any Respondent and partners, if any, as defined in Section 1.22, Response Limitation to this RCS, that currently contracts with the City must be in good standing for its Response to be considered responsive. For purposes of this RCS, good standing refers to compliance with all contractual provisions, including payment of financial obligations.
1.9. Small Business Outreach Requirements
Phoenix Sky Harbor International Airport has a national market for small business participation. The City has implemented outreach requirements for this RCS and Lease. To facilitate this, the City requires outreach to small businesses. Specifically, each Respondent must:
Identify small-business-participation opportunities, including Commercially Useful Functions (CUF);
Actively solicit proposals from small businesses;
Evaluate small-business proposals; and
Communicate selection decisions to small businesses, including each rejection of a small-business proposal.
Successful Respondents must fulfill all required small business outreach requirements and submit all required outreach effort documentation at the time of submittal and on an annual basis.
To be considered for a Lease, each Respondent must conduct and document Small Business Outreach Efforts in compliance with the Airport Concession Disadvantaged Business Enterprise-Neutral (ACDBE-N) Concession Pre-Award RCS Clause Attachment D and the USDOT 49 C.F.R. Part 23. Although there are no ACDBE or small business participation goals set for this lease, the City strongly encourages each Respondent to utilize small businesses in its response. The Small Business Outreach forms, EO1-200 - Statement of Outreach Commitment, EO2-200 - Participants List and Small Business Outreach Efforts, and EO3-200 - Small Business Utilization Commitment, marked in Attachment F, Attachment G, and Attachment H, are due at the time of submittal. The Successful Respondent must fulfill all required small business outreach requirements and submit all required outreach effort documentation on an annual basis in compliance with the ACDBE-N Concession Post-Award Lease Clause Attachment E.
1.10. Equal Pay Requirements
In 2015, the Phoenix City Council amended Phoenix City Code Section IV, Article V, 18-21 Equal Opportunity Requirements, known as the Equal Pay Act, to define expectations of all lessees with the City. The Letter of Declaration, Attachment M, details the Equal Pay Act, as well as Federal and State provisions. As part of the Response for this RCS, Respondents are required to provide information on how they support, communicate, ensure, and comply with these requirements. Respondents are expected to be as detailed as possible.
1.11. Lease Term and Contractual Relationship
The information in this RCS is not intended to completely define the proposed contractual relationship to be entered into by the City and the Successful Respondent. The Lease terms may be amended at the sole discretion of the City at any time during the RCS process and/or prior to execution of the Lease.
The Lease will be effective upon the date of full execution by the City, including the countersignature of the Phoenix City Clerk (Effective Date). The Initial Term of the Lease will begin on the Effective Date and continue for three (3) months or until the date the Successful Respondent begins operations on the Premises, whichever occurs first. The Primary Term of the Lease will commence three (3) months from the Effective Date or on the date the Successful Respondent begins operations of Micro Restaurant (L-MR) in the Premises, whichever occurs first. The Primary Term of the Lease will be for three (3) years with two (2) one-year renewal options that may be exercised at the sole discretion of the Aviation Director.
Respondents are advised to read the Draft Lease included as Attachment A, to which the Successful Respondent and its partners, if any, as defined in Section 2.19 - Response Limitation To This RCS shall be bound. See Affidavit, Attachment J, Paragraph 12 of Assurances.
This RCS is for a non-exclusive Lease with the City. The City will not enter into an exclusive Lease with a Successful Respondent. At any time, the City has the right to award leases to other operators for F&B concessions in operation at the Airport and/or future F&B concessions that may be located within the existing locations or in later additions to locations throughout the Airport.
1.12. Execution of the Lease
The City will send the final Lease to the recommended Respondents after Phoenix City Council approves the Award Recommendation. Within 30 days from the date the Lease was sent, the recommended Respondent must sign and submit the final Lease to the City. The City may request City Council approval to award the Lease to the next highest qualified Respondent in the event the City does not receive the signed Lease and all other required documentation from the recommended Respondent within 30 days. The Lease terms may be amended at the sole discretion of the City at any time during the RCS process and/or prior to execution.
If the recommended Respondent is subject to regulation by the Arizona Corporation Commission (ACC), it must be authorized to transact business in Arizona and be in good standing with the ACC at the time it signs the Lease.
1.13. Guarantee Instruments
Response Guarantee: Responses must be accompanied by a two-thousand-dollar ($2,000.00) Response Guarantee in the form of a cashier’s check payable, without condition or restrictive endorsement, to the “City of Phoenix”. Each Respondent’s Response Guarantee must be submitted in a separate sealed envelope clearly marked “Response Guarantee”.
1. Response Guarantees submitted by unsuccessful Respondent, including Respondent whose submittals were deemed non-responsive, will be returned, without interest, immediately after formal award of the Lease has been made by the Phoenix City Council or after all responses have been rejected by the City.
2. The Response Guarantee of the Successful Respondent will be returned, without interest, immediately after the Successful Respondent has furnished the City with the Performance Guarantee instruments and insurance policies required by the Lease. Should the Successful Respondent fail to execute the Lease or furnish the Performance Guarantee instruments or insurance within 30 days from the date the Lease was sent, then the Successful Respondent’s Response Guarantee will be forfeited as liquidated damages.
Performance Guarantee: Prior to the execution of the Lease, the Successful Respondent will be required to post and maintain with the City a Performance Guarantee in the form of a Letter of Credit (LOC) in the amount of nine thousand dollars ($9,000.00). The LOC shall be in the form provided in LOC Form, Attachment J. The Cash Deposit for Performance Guarantee, Attachment K, shall be submitted in the form provided.
Adjustments to Performance Guarantee: City may increase the amount of the Performance Guarantee by giving the Successful Respondent at least thirty (30) days prior notice of the amount of the increase. The amount of the Performance Guarantee may be increased for any reason the City deems appropriate, including (1) an increase of the Successful Respondent’s financial obligations under the Lease, (2) Successful Respondent failure to pay any Percentage Rent, additional payment, or any other amount when due, or (3) Successful Respondent’s financial condition changes to the extent that City is concerned about Successful Respondent’s ability to perform under the Lease. Successful Respondent shall pay to City the additional amount necessary to increase the Performance Guarantee upon notice from City.
Letter of Credit or Cash: If the Performance Guarantee is in the form of an irrevocable standby Letter of Credit (LOC), then the Successful Respondent shall use the City’s LOC form, attached hereto and marked LOC Form, Attachment J. The LOC shall be issued by either: (1) a financial institution with counters in the Phoenix metropolitan area at which the City may make draws on the LOC; or (2) a financial institution with headquarters in the United States on which City may make telefacsimile draws. Unless City receives a written extension of the LOC in a form acceptable to City at least sixty (60) days before the end of the term of the LOC, City, without notice to Successful Respondent, may draw upon the full amount of the LOC and retain all proceeds as a cash performance guarantee. Any changes to the LOC required provisions must be approved in advance by the Aviation Director. If the Performance Guarantee is in the form of cash, Successful Respondent shall deliver to City a completed Cash Deposit for Performance Guarantee, Attachment K, Form attached hereto.
Duty to Restore: The Performance Guarantee ensures the full and timely performance by Successful Respondent of all its obligations under the Lease and is security payment by Successful Respondent of all claims by City. City may draw on or make a claim against the Performance Guarantee if the Successful Respondent breaches or fails to perform under the Lease. If City draws on or makes a claim against the Performance Guarantee, then Successful Respondent, upon demand from City, shall replenish the Performance Guarantee to its previous amount within thirty (30) days of City’s draw or claim.
Return: After the expiration or earlier termination of the Lease, City will return the Performance Guarantee to the Successful Respondent less any Fees, Additional Payment, or any other amount due to City.
1.14. Pre-Offer Conference
Respondents are strongly encouraged to attend the Pre-Offer Conference. Respondent may attend in person at the Aviation Headquarters or virtually via WebEx. See Section 1.2 – Schedule of Events for the date, time, address and meeting link.
To request a reasonable accommodation, please contact the Procurement Officer, no later than fourteen (14) calendar days prior to the date and time listed in the Schedule of Events.
The Respondent assumes all risk associated with using the information, including its accuracy, relevance, and/or materiality to the formulation of its Response.
1.15. Questions and Answers (Q&A) Process
Respondents are strongly encouraged to read this RCS in its entirety, including all attachments, exhibits, and appendices. Failure to read and/or understand any portion of this RCS shall not be cause for waiver of any portion of the RCS or subsequent Lease.
If Respondent discovers any mistakes, improprieties or defects, they should submit a report of any mistakes, improprieties, or defects in writing to the Procurement Officer no later than the question deadline listed in the Schedule of Events.
Respondents and their partners, if any, as defined in the Response Limitation to this RCS section, are encouraged to submit questions as a team rather than individually to avoid submitting repetitive questions, which will allow Aviation to answer all questions more efficiently.
All questions about this RCS, including the Draft Lease, should be submitted in the City’s Procurement Portal and must be received by the due date indicated in the Schedule of Events. All written questions will be responded to in writing and available at the City's Procurement Portal.
1.16. Addendum to the RCS
Aviation may amend this RCS before or after the solicitation deadline listed in the Schedule of Events. Changes to this RCS will be in writing as an addendum and posted at the City's Procurement Portal. Respondents are responsible for checking the website and reviewing all updates and postings.
Respondents may not rely on any statement by any City employee, consultant or official regarding this RCS unless the statement made is published as an addendum or confirmed in writing as part of the Q&A process.
1.17. Respondent Exceptions
The City will award the Lease on a fair and competitive basis and will not accept any changes to the material provisions or requirements of this RCS or Lease. Respondents that take exception to, add to, or subtract from any material provision or requirement of this RCS or Lease may be considered as attempting to change the provisions or requirements of this RCS to gain an unfair advantage over other Respondents. Responses including such exceptions or changes, or that are conditional, are subject to rejection as non-responsive Responses. Non-material exceptions or changes will only be considered if approved by the City during the Q&A process.
NO NEW EXCEPTIONS OR CHANGES TO THE RCS OR THE LEASE WILL BE CONSIDERED AFTER THE Q&A PROCESS.
1.18. Airport Security
Individuals assigned to work at PHX as a result of this RCS must pass a fingerprint-based Criminal History Records Check, pass a Federally-mandated Security Threat Assessment, and obtain an Aviation-issued security credential or badge.
Successful Respondents must comply with all airport security requirements. Visit: https://www.skyharbor.com/airport-business/security-badging/ for current information and https://www.skyharbor.com/airport-business/phx-information/rules-regulations/ for current Airport Rules and Regulations.
1.19. Exclusive Beverage Rights
The City reserves the right to enter into an exclusive beverage pouring rights agreement. The City retains sole authority to solicit and execute product advertising and sponsorship agreements for non-alcoholic beverages, including but not limited to carbonated beverages, sports drinks, juices, and bottled water for display and sale at the Airport. .
Should the City elects to issue a solicitation for exclusive beverage pouring rights, the City will provide the Successful Respondent with a minimum of twelve (12) months advance written notice prior to issuing such solicitation. Upon this written notice, the City agrees to engage with the Successful Respondent to gather input regarding operational considerations and implementation of exclusive beverage pouring rights provider. The Successful Respondent agrees to cooperate with and assist the City, as necessary, in implementing such exclusive agreements.
1.20. Consolidated Receiving and Distribution Center (CRDC)
The City reserves the right to develop, construct, and operate a Consolidated Receiving and Distribution Center (CRDC) during the term of this Lease. The City agrees to provide the Successful Respondent with advance written notice of its intent to develop a CRDC, a minimum of two (2) years prior to facility construction commencement, and written advance notice of its intent to solicit for CRDC logistics management service, a minimum of one (1) year prior to issuance of such solicitation. During the planning and development process, the City agrees to engage with the Successful Respondent to gather input on facility operational needs; however, the City shall retain final decision-making authority regarding all aspects of the CRDC development. If the City implements a CRDC operation, the Successful Respondent, along with the Successful Respondent’s joint venture partners, subcontractors, and authorized vendors, will be required to utilize this facility and all costs associated with CRDC operations will be allocated to the Successful Respondent in accordance with terms established by the City.
1.21. Commercial Delivery on the Airfield
Due to various height restrictions (13’) based on delivery locations, the City reserves the right to regulate and approve all commercial delivery vehicles to be used on the airfield. This includes the Successful Respondent and/or joint venture partner(s) and all of their authorized vendors. Only badged drivers with the required airport insurance limits have to be escorted by concessionaire personnel when accessing the airfield or sterile areas. All products/equipment must be readily accessible for visual inspection by security team members at the gate for entry to the airfield.
1.22. Response Limitation to this RCS
Respondent may submit only one (1) Response for this RCS. Multiple Responses are prohibited. The following shall be deemed Multiple Responses.
The City receives more than one (1) Response from a Respondent.
The City receives one (1) Response from a Respondent and one (1) or more Responses from any entity or person affiliated with the Respondent.
If Multiple Responses are received from a Respondent, all Responses from that Respondent shall be deemed non-responsive and rejected.
Respondent and an entity or person affiliated with the Respondent (partner) include:
A parent and its subsidiary.
A holding company and its constituent company.
Constituent companies of a single common holding company.
Subsidiaries of a common parent.
A limited liability company and a member or manager of the limited liability company.
Limited liability companies with common members or managers.
A partnership and one of its partners, or multiple partners in a single partnership.
A person or entity proposing as a joint venture partner or joint venture, subtenant, licensee, or vendor on separate Responses.
A person or entity proposing as a prime or sole Respondent also proposing as a joint venture partner, subtenant, licensee, or vendor on a separate Response.
A person or entity proposing as a subtenant, licensee, or vendor on a separate Response.
Two or more Respondent where the president, vice president, officer (including chief operating officer, chief executive officer, and chief financial officer), agent, majority owner or stockholder, management employee, managing or controlling partner, or controlling owner of one Respondent is also the president, vice president, officer (including chief operating officer, chief executive officer, and chief financial officer), agent, majority owner or stockholder, management employee, managing partner, or controlling owner of any other Respondent.
It is the intent of the City that this prohibition applies regardless of whether the affiliated person or entity submits a response independently or as a partner of a joint venture or other partnership.
The prohibition on Multiple Responses does not preclude a person or entity from participating on more than one Response as a subtenant, licensee or vendor only, or submitting a Response as a Respondent and participating as a subtenant, licensee or vendor on a different Respondent’s team.
2. Scope of Work
2.1. Food & Beverage Concept Requirements:
The Successful Respondent is to provide high-quality food and beverage services at Phoenix Sky Harbor International Airport (PHX) Terminal 3 (T3) pre-security locations identified in the Premises. The goal is to establish a high-quality, innovative, and customer-friendly Micro Restaurant and a Mobile Kiosk that delivers authentic local food and beverage experiences that meet all regulatory and operational standards. The Successful Respondent will be required to plan, maintain, manage, staff, and stock the F&B concession locations, at its sole cost, in accordance with the Lease. The Successful Respondent will enter into a Lease with the City. A draft of the Lease can be found in Draft Lease, Attachment A, and a map of the Premises of the T3 F&B Micro Restaurant and Mobile Kiosk can be found in Premises Map, Attachment B.
The Successful Respondent will be required to participate in any relevant airport-wide programs and initiatives, systems, or applications, including, but not limited to, customer loyalty programs, airport marketing programs, customer service experience programs, or mobile ordering systems for food and beverage purchases. The Successful Respondent will conduct operations in a professional, business-like manner so as not to disturb or be offensive to other tenants or patrons and will not provide or sell any additional services unless approved in writing by the Aviation Director. The Successful Respondent will not use or permit the use of leased space(s) for any activity not expressly permitted in the Lease.
2.2. F&B Categories & Concession Spaces:
This section of the RCS contains a list of the F&B categories identified for this T3 solicitation. Each category contains a description of the type of concept and menu items desired by the City. In addition, the F&B category descriptions include the Store ID specifying the location of the concession space and square footage.
Respondent may not propose changes to the category descriptions or total square footage listed for each concession space. Respondents are required to propose a concept for the F&B categories in this solicitation.
F&B Categories & Spaces:
Micro Restaurant: 1,225 square feet (includes seating) in L-MR
Mobile Kiosk: 150 square feet in L-MK
F&B Operational Storage space: 210 square feet in L-STOR: Additional F&B operational storage space may be available during the term of the Lease.
2.3. F&B General Standards and Concepts:
The following general standards and concepts will be applied to the T3 Food & Beverage Concessions.
The following general standards and concepts will be applied to the T3 F&B Concessions.
The City desires each concession space to be used for maximizing customer service and revenues. The concept should offer only premium quality products, served quickly and efficiently in high-quality, sustainable packaging that is portable for air travel.
If appropriate to the concept, the space should have state-of-the-art projection and/or flat screen televisions featuring sports, special events and news programs all day long. Successful Respondent shall submit for Airport’s approval on any and all television programming packages to be used, or music to be played, within the Premises, prior to the implementation of such programming or music. Successful Respondent must also ensure that the captioning function is enabled on all televisions for any programming, live or prerecorded, shown within the Premises.
The layout of the concept space should work for different customers – open, friendly areas for people who want to connect with others while dining, and efficient service areas for quick grab-and-go ordering.
Successful Respondent shall ensure that the F&B concept spaces and services are compliant with the ADA, allowing all passengers to enjoy the concept spaces and services.
All areas of each concept space should be used for revenue-producing purposes, except for seating areas designated for customer comfort.
2.4. F&B Menu Expectations:
Micro Restaurant (L-MR): This unit operates on a smaller scale than a traditional casual dining restaurant, in terms of physical size and menu offerings. Aimed at providing both convenience and culinary delight, the Micro Restaurant offers fast-casual dining with quality food options. It is ideal for customers seeking a comfortable place to sit and eat, with menu choices for all tastes and dietary preferences. The concept should reflect an authentic local food and beverage experience.
The unit should offer a variety of beverages, including coffee, tea, and specialty options such as espresso, latte, cappuccino, and tea-based drinks. It may also offer additional beverage options, including alcoholic beverages, subject to appropriate licensing. Food offerings should include hot items like sandwiches, pizza, and chicken tenders; fresh selections such as salads, pastries, and parfaits; and a range of dietary choices, including gluten-free, vegetarian, and vegan options. Convenient pre-packaged food items should also be available for sale in a to-go format. Successful Respondents are encouraged to use environmentally friendly packaging that is easy to dispose of.
The Micro Restaurant unit must offer breakfast, lunch, and dinner menus, as well as a separate children's menu. Breakfast service must be available until at least 10:30 a.m. The children’s menu must be easily accessible to traveling families. All menus must offer a variety of food items at various price points, and should include healthy dietary options, such as gluten-free, vegetarian, and vegan choices.
Alcohol sales and consumption are limited to the Premises. The Successful Respondent must obtain appropriate liquor licenses to allow for the sale and consumption of alcohol at the designated Premises. Factory-sealed alcoholic beverages can be sold on the “to go” menu, but cannot be consumed on Airport premises, as long as such sales are permitted by law and the applicable liquor license. The sale and shipment of all liquor must comply with the appropriate liquor laws, including City ordinances of the State of Arizona laws, and the liquor laws of the state to which the shipments are made.
Mobile Kiosk (L-MK): The Mobile F&B Kiosk offers both convenience and quality refreshments. Located in the baggage claim area, it is ideal for customers waiting for luggage, greeting arriving passengers, or looking for a quick refreshment before leaving the terminal. The concept should provide a local coffee experience that customers recognize as a specialty coffee and tea company.
The unit must primarily offer coffee and tea, including coffee-based beverages like espresso, latte, and cappuccino, as well as tea-based drinks. The unit may also offer other non-alcoholic beverages and food items, such as pastries, parfaits, sandwiches, or salads. The unit may also include packaged and pre-packaged food items available for sale in a to-go format. The Successful Respondent is encouraged to use environmentally friendly packaging that is easy to dispose of.
The menu must offer a variety of price points for beverages and food items, if applicable. If food is offered, the menu should include healthy dietary options, such as gluten-free, vegetarian, and vegan choices.
Successful Respondent must keep up with F&B trends and change menu offerings to reflect Airport customer needs and preferences. All changes to menu items and prices require prior written approval from the Aviation Director.
2.5. Ownership and Operation of Micro Restaurant, Mobile Kiosk and F&B Equipment
Ownership: The Micro Restaurant, Mobile Kiosk, and all associated equipment (collectively, the F&B Micro Restaurant and Mobile Kiosk Equipment List, Attachment DD, will remain the exclusive property of PHX. The Successful Respondent acknowledges that it has no ownership rights in the kiosk equipment.
Utilities: Successful Respondent is responsible for any necessary improvements or upgrades to utility service to the food service areas, and the cost of connecting any equipment or improvements to the utility services as well as any other changes the operator requests from the Premises.
Operation and Maintenance: The Successful Respondent shall operate the City-owned equipment in accordance with the terms of the Draft Lease, Attachment A, and any additional operational guidelines provided by the Airport. The Successful Respondent agrees to use the F&B Equipment solely for the purposes specified in this Agreement and to maintain the F&B Equipment in an attractive, inviting, and good working condition, subject to normal wear and tear. The Successful Respondent will comply with all applicable accessibility requirements in the Americans with Disabilities Act (ADA) and in all other federal, state, and local governmental laws and regulations.
Repairs and Maintenance: The Successful Respondent shall be responsible for promptly reporting any malfunction or damage to the Equipment to the Airport. The Successful Respondent will be responsible for the cost of repairs for any damage to the Equipment. Routine maintenance and repairs shall be the responsibility of the Successful Respondent.
2.6. Concessionaire Standards and Operations:
The Successful Respondent will conduct operations in a professional, business-like manner so as not to disturb or be offensive to other tenants or patrons. The Successful Respondent will not provide or sell any additional services unless approved in writing by the Aviation Director. The Successful Respondent will comply with the Concession Operating and Service Standards, Attachment M. The Successful Respondent will not use or permit use of leased space(s) for any activity not expressly permitted in the Lease.
All concession employees who interact with customers will deliver excellent service that is fast, friendly, and efficient. Employees must be familiar with the brand, standards, values, policies, practices, and products of the concept where they are employed. Employees must provide excellent customer service and remain calm and professional, especially during busy times and when assisting customers who are stressed, in a hurry, or unfamiliar with the airport environment.
The Successful Respondent must provide and accept the same promotions, discounts, loyalty programs, gift cards, and frequent buyer cards at its concept Airport location as are offered at its concept street location(s), where applicable.
Airport-wide Customer Experience Programs: The City may develop and implement an airport-wide customer experience program, including but not limited to a loyalty program, during the term of the Lease. The Successful Respondent, along with the Successful Respondent’s subtenants and joint venture partners, will be required to cooperate and participate in the implementation of such Airport-wide customer experience programs. The City will provide the Successful Respondent with prior written notice of anticipated program commencement date(s).
Hours of Operation: Both F&B concepts are required to maintain established hours of operation as set by the Aviation Department and operate seven days a week, every day of the year. The minimum hours of operation for each concept space will be:
(L-MR) – Micro Restaurant: 6:00 a.m. to 8:00 p.m.
(L-MK) – Mobile Kiosk: 5:00 a.m. to 6:00 p.m.
These minimum hours of operations are subject to change based on airline flight schedules and the demand of the traveling public. The Aviation Department reserves the right to modify the operating hours at its sole discretion. Flight operations are commonly affected by weather and other conditions, resulting in unscheduled delays. All F&B operations must be flexible and able to quickly extend operating hours to provide services during these periods, with appropriate staffing levels maintained during any extended operating hours.
2.7. Technology Innovations:
The City expects the Successful Respondent to implement innovative technologies to enhance the customer experience and operational efficiency of the unit, including expediting the in-store checkout process by accommodating virtual wallets and mobile payment options, including Google Pay, Apple Pay, and Samsung Pay, and offering checkout-free technologies, contactless card readers, wireless terminals, self-checkout and email receipts. This may also include digital menu boards and self-service kiosks. Where the streetside equivalent concept utilizes a smartphone app, loyalty or rewards program, etc., the Airport concept should as well. Additionally, the Successful Respondent should use technology to enhance food safety, monitor food temperature, track inventory, reduce waste, and monitor concept performance.
The Successful Respondent must obtain prior written approval from the Aviation Department before entering into a contract with a third-party delivery service that will allow Airport customers in T3 to order through the use of mobile applications, online platforms, or other digital ordering systems, food offerings from the concept concession locations in the Premises within T3. The Aviation Department reserves the right, in its sole discretion, to solicit and contract for a third-party delivery program for the Airport-wide concessions program at any time during the term of the Lease.
2.8. Sustainability
Aviation is committed to integrating sustainability into its design, operation, management, and administrative processes and strengthening sustainability throughout the Airport. In keeping with this commitment, the Aviation Department requires that each Respondent submit a Sustainability Program describing the Respondent’s vision, commitment, goals, and practices for proposed concessions related to sustainability that align with the Aviation Department’s Sustainability Focus (ASF) goals. Information on the Aviation Department’s commitment to sustainability, including its Sustainability Management Plan (SMP) and Sustainability Focus (ASF) goals, can be found at: https://www.skyharbor.com/about/Sustainability.
Successful Respondent’s sustainability practices at the Airport will promote sustainability and conservation. Successful Respondent should avoid the use of polystyrene foam (also branded as Styrofoam) cups and containers for eat-in or take-out F&B or grab-and-go service. The use of bio-based products (cardboard, etc.) or reusable dishes and utensils are suggested alternatives. The Airport has energy and water conservation requirements for leased spaces, outlined in its Tenant Improvement Handbook and Design Manual. Those include the use of EnergyStar and WaterSense appliances (with certain efficiency ratings) and LED lighting.
Tenant Operations: The Successful Respondent must designate a local staff person to serve as its sustainability liaison and primary point of contact for the Aviation Department’s Sustainability team or designee. The sustainability liaison may oversee staff training related to the Successful Respondent’s sustainability commitments for the Airport as outlined in their Sustainability Program. Additionally, the Successful Respondent will be encouraged to participate in the Aviation Department’s PHX Green Business Partner Program, which recognizes the conservation actions and efforts that can be taken by Airport business tenants. These initiatives can control costs through energy efficiency, waste reduction strategies, waste conservation efforts, responsible sourcing practices, and community engagement.
2.9. Airport Concession Marketing Program Fee:
The Successful Respondent for this small business F&B concession opportunity will contribute $2,000 annually to the Airport Concessions Marketing Program. For additional details, please reference the Draft Lease, Attachment A.
The Successful Respondent shall participate in and support the Airport Concessions Marketing Program. This program is designed to promote airport food and beverage and retail offerings to travelers, increase sales, and enhance the overall passenger experience. Activities may include marketing, advertising, social media engagement, special events, grand opening celebrations, customer service training, mystery shopper evaluations, and customer satisfaction surveys. The Aviation Department will oversee and administer the program, and the Successful Respondent is expected to cooperate in good faith to support the success of this program.
2.10. Airport Badged Employee Discount:
The Successful Respondent will offer a minimum of ten percent (10%) discount on all food, non-alcoholic beverages, and merchandise-related purchases to Airport employees who present a valid Airport identification badge and employees of airlines operating at the Airport who have been issued appropriate identification badges.
2.11. Sales Reporting:
The Successful Respondent will submit monthly reports to Aviation. Monthly gross sales reports will be due within twenty (20) days after the close of each month and must include a detailed statement of gross sales and any deductions from gross sales for the preceding month. The monthly report must be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and certified by a responsible financial officer of the Successful Respondent and must be submitted in a format approved by Aviation. Gross sales will be reported by percentage rent category. Gross sales reports will be due every Wednesday, reflecting the gross sales for the prior week.
Sales and Transactional Activities Reports: Successful Respondent will report concession gross sales and gross transaction data via an automated process utilizing the Airport-provided API (Application Program Interface) standard. Successful Respondent will provide near real-time, daily, weekly, and monthly reporting of concession gross sales and gross transactional activities data for each concession location in the Premises using this published API specification. Reporting of concession sales and transaction data via this method is required regardless of other means that the Successful Respondent might choose to report similar data to the Airport on a monthly basis for reporting percent sales revenue information to meet its other reporting requirements.
It is the intent of the Aviation Department that the Successful Respondent will provide all required reporting, concession sales, and transaction data through the Aviation-provided API specification without any Aviation-provided hardware equipment.
Any and all equipment and transmission changes necessary to accomplish this reporting process will be the responsibility of the Successful Respondent.
The draft API specification can be accessed at:
https://skyharbor.com/docs/default-source/technology/avn-phx-concession-data-openapi-json_v1.json?sfvrsn=31846389_2&download=true
To access, click on the link, save file to computer, and open the file using any standard text editor program like “Notepad”, “WordPad”, etc.
The API specification may change depending on the Airport’s operational needs.
2.12. Rent
Beginning on the Effective Date, the Successful Respondent will pay percentage rent of annual Gross Sales as its primary rent. Percentage Rent rates will be calculated according to the schedule below. Percentage Rent rates are non-negotiable.
For the Micro Restaurant Concept, Rent shall be:
Eight percent (8%) for food and non-alcoholic beverage sales, and
Eighteen percent (18%) on alcohol sales (if applicable)
For the Mobile Kiosk Concept, Rent shall be:
Eight percent (8%) for food and non-alcoholic beverage sales.
2.13. Storage and Additional Space
Storage and Additional Space: Limited airport storage and office space (support space) may be available to the Successful Respondent. Additional support space, if available, will be charged at the Airport Terminal rental rate in effect at the time of leasing. The current Airport Terminal rental rate is $197.88 USD per square foot and may be adjusted every year in July. Due to the limited amount of support space available in T3, the Successful Respondent may need to secure off-airport storage, office, and distribution space to support their airport F&B operations.
2.14. Customer Data And Security
The Successful Respondent should consider the security of customer data, including credit card numbers, phone numbers, and any other identifying information, and have methods in place to ensure that customer data is adequately protected. The City reserves the right to request the Successful Respondent to submit proof of Payment Card Industry Data Security Standard (PCI DSS) Certification. The PCI DSS Certification will ensure that the Successful Respondent has all required measures in place to secure customer credit card payments.
3. Offer Evaluation Criteria
All responsive and responsible Responses will be evaluated based on the following criteria. The criteria will be evaluated for the Respondent and all partners of the Respondent, if any. The subcriteria listed will be considered by the evaluation panel(s) but are neither individually weighted nor listed in order of importance. The Weight (Points) for each Evaluation Criteria are the maximum Points that may be assigned for that Criteria. The total points for all Evaluation Criteria combined are up to 1,000 points. This is a best-value-to-the-City procurement.
1. Proposed Concept and Menu Plans for the Concession
Responses will be evaluated on the proposed Micro Restaurant and Mobile Kiosk concepts based on how well these concepts complement existing offerings in Terminal 3 and align with the overall Airport food and beverage program. Concepts should resonate with passengers and create a satisfying food and beverage experience. Concepts should reflect an authentic local food and beverage experience, showcasing the flavors and culinary identity of the local area. Menu offerings should provide a variety of high-quality options that appeal to a broad range of travelers, including health-conscious choices and items that accommodate diverse dietary needs.
Scoring Method:
Points Based
Weight (Points):
400 (40% of Total)
2. Management, Marketing, Operations, and Technology Plans
Responses will be evaluated on how the Respondent plans to manage the daily operations of the F&B units. This includes staffing—who will work in the units, their qualifications and experience, and how they will be trained to provide excellent customer service. Plans should also explain policies and/or procedures on how the Respondent will handle customer complaints, emergency situations, and workplace safety. The Respondent must describe how employees will be informed about employment-related regulations, including the Equal Pay Act, and how compliance will be monitored.
Responses will also be evaluated based on the Marketing plan, specifically how the Respondent intends to promote the F&B concepts. This includes identifying the different types of media platforms and strategies to implement promotions, discounts, and other strategies to attract customers and increase sales.
Responses will also be evaluated on the Respondent’s approach to its Operations plan, including describing how technology will be used to improve the customer’s buying experience, such as digital ordering or contactless payment systems. The Operations plan should also explain how the menu offerings will be prepared and served during regular operating hours and in emergencies.
Responses will also be evaluated on the Respondent’s approach to maintenance of the F&B units and equipment as part of its Operations plan. This includes normal daily operations of how the F&B units will be restocked, cleaned, and maintained—including water supply, trash removal, and equipment repairs. It should also specify how frequently high-touch surfaces will be cleaned. If the proposed concept includes a licensed brand, the Operation plan should clearly define the licensor’s role and responsibilities.
Scoring Method:
Points Based
Weight (Points):
300 (30% of Total)
3. Experience and Qualifications of Respondent and Partners (if any)
Responses will be evaluated based on the experience and qualifications of the Respondent’s organization, partners, and subtenants. Responses should include the number of years and types of experience with the proposed F&B concepts – including experience operating in airports, non-airport venues, and similar concepts. Responses shall also discuss the number of years of experience operating and managing a variety of F&B concepts and subtenants, along with the sales performance of F&B concepts operated by the Respondent and all Partners.
Scoring Method:
Points Based
Weight (Points):
200 (20% of Total)
4. Proposed Business Plans
Responses will be evaluated on the Business plan that provides projected annual and aggregate gross sales and rent revenues for each F&B concept space during the lease term. The plan shall include projected cash flow for each F&B concept operation during the term of the Lease and the assumptions supporting the gross sales and Pro Forma financial projections.
Scoring Method:
Points Based
Weight (Points):
100 (10% of Total)
4. Instructions
4.1. Submission of Offer
Offers must be in possession of the Department on or prior to the exact time and date indicated in the Schedule of Events. Late offers will not be considered unless there’s good cause. The prevailing clock will be the City Department’s clock.
Offers should be submitted electronically via the City’s e-Procurement Portal by clicking on “Draft Response” via https://procurement.opengov.com/portal/phoenix/projects/. Offerors that are unable to submit electronically should contact the Procurement Officer to discuss the logistics of hard copy submittals. Offerors must be registered with OpenGov by signing up via https://procurement.opengov.com/signup. Vendor training guides can be found at: https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed
Any original documents (such as bonds, guaranties, powers of attorney), if required by the solicitation, must be separately delivered to and received by the City on or prior to the exact time and date indicated in the Schedule of Events, with a clear indication of the Offer for which it is attributed.
It is the responsibility of the Offeror to ensure that the Offer is timely and to confirm that there are no technical reasons that any offer submitted electronically may be delayed. The date and time on the upload as received/stamped by the City’s e-Procurement Portal will provide proof of submission and verification whether the Offer was received on or prior to the exact time and date indicated in the Schedule of Events.
For assistance with submittals, vendors are welcome to use the OpenGov support chat (blue chat bubble in the bottom right corner) to connect with a member of OpenGov's support team who will be able to assist you with your submission.
Please DO NOT submit links to Google Docs, Dropbox Paper, or similar services. Your offer may be deemed non-responsive if your offer is supplied utilizing these services.
4.2. Delivery of Responses
Respondent’s response must include the following:
Notarized Affidavit: In a separate sealed envelope marked “Notarized Affidavit”, an authorized original signature on the Affidavit, Attachment J. A scanned copy should also be uploaded in the Vendor Questionnaire.
Response Guarantee: In a separate sealed envelope marked “Response Guarantee”, the two-thousand ($2,000.00) Response Guarantee check. A scanned copy should also be uploaded to the Vendor Questionnaire.
Conflict of Interest and Solicitation Transparency Disclosure Form, Attachment Y.
Letter of Declaration, Attachment I.
Respondent References, Attachment Z.
Bank’s Letter of Commitment: Respondent must provide a letter from its bank communicating the bank’s commitment to provide the Respondent, if successful, with a Letter of Credit or Cash Deposit, as defined in Section 1.13 - Guarantee Instruments (A).
Insurance: Evidence of ability to obtain required insurance coverages, such as a commitment letter from an underwriter or a current certificate of insurance showing comparable insurance limits, confirming that the Respondent is insurable for the required coverages at the required limits as defined in Insurance Requirements, Attachment AA. The City reserves the sole right to determine if the Respondent will meet the required insurance limits as defined in this solicitation.
Small Business Outreach Requirements: In a separate sealed package, provide the small business outreach requirements, including the following:
The completed Statement of Outreach Commitment Form (Form EO1-200 - Attachment F).
The completed Small Business Outreach Efforts and Participants List Form (Form EO2-200 - Attachment G).
All supporting documentation required in Form EO2-200.
The completed Small Business Utilization Commitment Form (Form EO3-200 - Attachment H).
One (1) electronic copy (USB drive) of all the Small Business Outreach Requirements completed forms and supporting documentation.
Small Business Verification: In a separate sealed envelope marked “Small Business Verification”, a copy of the Respondent’s federal tax returns (or personal tax returns if filing a Schedule C for sole proprietorship) for the most recent five (5) years. If the Respondent is part of a partnership or joint venture, tax returns for the most recent five (5) years must be submitted for each partner.
If the respondent is already a certified Airport Concession Disadvantaged Business Enterprise (ACDBE) business, the Respondent shall provide a screenshot of their City of Phoenix or UCP listing in the directory.
Sustainability Program: In a separate file marked "Sustainability Program", the Sustainability Program requirements include the information listed below. Please see Section 1.7 for more detail on the Sustainability Program Minimum Qualification and Section 2.10 for more detail on sustainability program requirements.
A Sustainability Program consistent with the Aviation Department's goals and initiatives highlighted in the Aviation Department’s Sustainability Focus (ASF) document at: https://www.skyharbor.com/about/Sustainability.
All Sustainability Program Responses should include all the following and must be organized as follows:
Address each of the seven key areas of 1) Air & Climate, 2) Business Practices, 3) Community, 4) Energy, 5) Land Stewardship, 6) Waste, and 7) Water as outlined below:
Description of the Respondent’s history, vision, and commitment to sustainability, including how Respondent’s Sustainability Program has been implemented and followed in previously in similar operations.
Description of the Respondent’s approach to sustainability through the development and operation of the concession, including how the Respondent’s Sustainability Program will be implemented and followed.
Description of how the Respondent’s Sustainability Program will assist Aviation in meeting its sustainability goals, if selected.
Statement Regarding any Agreement with Labor Organizations: The Respondent shall submit in a separate file marked “Statement Regarding any Agreement with Labor Organizations”, the Statement Regarding Any Agreement with Labor Organizations as specified in Section 4.10 – "Labor Organizations Documentation".
All response documents must be uploaded in the City’s Procurement Portal through the Vendor Questionnaire.
The actual Response Guarantee, Small Business Verification,Small Business Outreach Requirements and Notarized Affidavit must be received at the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034 by the Solicitation Deadline as indicated in the Schedule of Events.
Respondent may submit electronic signatures on documents that do not require a Notary Public. The City does not accept electronic signatures for notarized documents; these documents must be submitted in paper form (hard copy) with original or “wet signatures” at the time of the Solicitation Deadline.
4.3. Organization of the Response
All responses should include all the following and must be organized using the Tab numbers listed below:
TAB 1 – GENERAL INFORMATION
Cover Letter (1-page limitation) including the following information on the first page of the letter:
Name of Respondent. If Respondent is a joint venture, then indicate all partners and each partner’s percentage of ownership interest in joint venture.
Names of all sublessees, if any.
Concepts and names of the firm(s) that will be operating the proposed concepts.
Table of Contents for entire Response with page numbers included.
TAB 2 – PROPOSED CONCEPT AND MENU PLANS
Respondent should provide a narrative regarding the proposed F&B Micro Restaurant and Mobile Kiosk concept and menu. Menu offerings should provide a variety of high-quality options that appeal to a broad range of travelers, including health-conscious choices and items that accommodate diverse dietary needs. Responses shall also convey how the concept and menu best fit into the overall Airport food and beverage program. Include the following in Tab 2 of their Response:
F&B Concept Descriptions for Micro Restaurant and Mobile Kiosk Attachment O.
National name brands, if applicable, or local and regional concepts.
Copy of license/franchise sublease(s) and/or letter(s) of intent from concept owner(s) to issue license to Respondent or subtenant, if applicable.
If the concept is licensed, provide the specific involvement of the licensor in the operation of the concept at PHX.
Provide a proposed menu for each concept.
Description of why the concept was chosen for T3.
Description of any unique attributes of the menu concept.
TAB 3 - MANAGEMENT, MARKETING, OPERATIONS, AND TECHNOLOGY PLANS
Responses will be evaluated on how the Respondent plans to manage the daily operations of the F&B units. Plans should explain staffing and recruitment procedures, scheduling, customer service training; the plan should also include policies and/or procedures on how the Respondent will handle customer complaints, emergency situations, and workplace safety. Additional benefits or compensation; communication methods to notify employees of employment-related regulations, including the Equal Pay Act, and monitoring practices to ensure compliance should be explained in the narrative.
Responses will also be evaluated on the quality of the marketing plan that identifies how the Respondent will use different types of media platforms and strategies to implement promotional opportunities and discounts to attract customers and increase sales. The evaluation will also consider how the use of technology improves the customer’s buying and dining experience.
In addition, Responses will be evaluated regarding the approach to the operations plan, including how technology and digital innovations will be utilized and the Respondent’s approach to inventory and cash controls. The plan shall also demonstrate the ability to deliver products to the concession space during normal business hours and emergency situations. A facility maintenance plan will also be evaluated in the operations plan to review normal repairs and maintenance, trash removal, cleaning and replacement of equipment and fixtures. The facility maintenance plan should also describe the frequency of cleaning the space. In addition, if the Respondent is proposing a concept that is licensed, the involvement of the licensor shall be included in the operations plan. Include the following in Tab 3 of their Response.
Proposed Staffing schedule for both units for an average day for the Concession Space.
Qualifications and experience of the on-site team.
Respondent’s on-site manager(s) that will be responsible for the operations of the Concession Space and handling emergency situations and customer service issues, Attachment P and Attachment R
Management Plan.
Quality Workplace description: working conditions/workplace safety (including employee breaks and access to safety supplies).
Approach to maintaining high standards of professional conduct and appearance from staff.
Proposed communication to employees about the Equal Pay Act and the method to monitor compliance with the Act.
Customer service program and methods to continuously monitor customer service.
Description of ADA and customers with special needs program.
Policy for handling customer complaints and emergency situations.
Marketing Plan
Use of different media platforms to promote concepts. This includes identifying the different types of media platforms and strategies to implement promotions, discounts, and other strategies to attract customers and increase sales
Operations Plan
Proposed plan should also explain how the menu offerings will be prepared and served during regular operating hours and in emergencies. .
Facility maintenance plan which includes normal repairs and maintenance of the Concession Space, supplying water to the units, frequency of cleaning, trash removal, and equipment maintenance plan for fixtures due to normal wear and tear.
Physical security, inventory, and cash controls.
Discuss cleaning of the spaces and high-touch points, including compliance with applicable local, state, and federal guidelines or requirements.
Technology Plan
How technology will be utilized to improve customer buying experience.
How the Respondent will efficiently and effectively expedite the in-store checkout process by using the latest technology (including contactless payment system) and accommodating various payment methods and options.
TAB 4 – EXPERIENCE AND QUALIFICATIONS OF RESPONDENT AND PARTNERS (IF ANY)
Responses will be evaluated on the Respondent’s experience and qualifications for its organization, partners, and subtenants by providing the number of years and types of experience in the proposed F&B category. This includes experience in airports, non-airport venues, similar concepts and operating and managing a variety of F&B concepts and subtenants, along with the sales performance of F&B concepts operated by the Respondent and all partners, if any. Include the following in Tab 4 of the Response:
Respondent’s Qualifications and Experience Attachment P.
Contact information for locations provided in Attachment R.
Respondent’s Experience Managing and Operating a Variety of F&B Concepts Attachment Q.
Experience of Respondent and Respondent’s partners (if any) with concepts (including Subtenant and JV partners) Attachment S.
TAB 5 – PROPOSED BUSINESS PLAN
Responses will be evaluated as to the business plan that provides projected annual and aggregate gross sales and rent revenues for each F&B space during the lease term. The plan shall also be evaluated on the assumptions in support of the gross sales and Pro Forma financial projections. Include the following in Tab 5 of the Response:
Pro Forma Financial Statements for each lease year, Attachment T and Attachment U.
Assumptions that support annual Gross Sales and Proforma Financial Projections, Attachment V and Attachment W.
Documentation of Respondent’s and Respondent’s subtenant and/or joint venture partners’, if any, financial capability to fund internally and/or finance the proposed operations of each unit such as financial statements and/or letters of intent from financial institutions.
4.4. Form of Response
Responses shall conform to the format specified below. Responses that are incomplete, conditional, obscure, or that contain additions not requested, changes or exceptions to material provisions or requirements of this RCS, or irregularities of any kind, are subject to rejection as non-responsive.
The provided attachments must be submitted in the size in which they are provided in this RCS with the same font styles and size used on the attachment.
Forms are provided as part of the RCS to organize the information to be submitted in each Response. Each Respondent is responsible for ensuring the forms are complete. Where financial or numerical data is provided, the Respondent is responsible for the accuracy of its numbers and calculations. All dollar amounts must be in U.S. dollars.
Responses are limited to forty (40) single-sided or twenty (20) double-sided, letter-size pages typed in 12-point Arial font. The pages of each Response must be numbered. Forms, attachments, financial information, including the Pro Forma, table of contents, tab cover sheets, design renderings, and electronic material boards the Response and not be considered during the evaluation process. Respondents are responsible for reading and complying with all requirements of this RCS.
4.5. Preparation of Offer
All forms provided in Submittal Section must be completed and submitted with the Offer. The signed and completed Conflict of Interest and Transparency form must be included or your Offer may be deemed non-responsive.
It is permissible to copy Submittal forms if necessary. Erasures, interlineations, or other modifications of the Offer must be initialed in original ink by the authorized person signing the Offer. No offer will be altered, amended or withdrawn after the specified offer due date and time. Key Personnel proposed in the offer may not be replaced before contract award or else the Offeror shall be determined non-responsible. The City is not responsible for Offeror’s errors or omissions.
All time periods stated as a number of days will be calendar days.
It is the responsibility of all Offerors to examine the entire solicitation and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting an offer. Negligence in preparing an offer confers no right of withdrawal after due date and time. Offerors are strongly encouraged to:
Consider applicable laws and/or economic conditions that may affect cost, progress, performance, or furnishing of the products or services.
Study and carefully correlate Offeror’s knowledge and observations with the RFP document and other related data.
Promptly notify the City of all conflicts, errors, ambiguities, or discrepancies which an Offeror has discovered in or between the RFP document and such other related documents.
The City does not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Offeror is responsible for all costs incurred in responding to this solicitation. All materials and documents submitted in response to this solicitation become the property of the City and will not be returned.
Offerors are reminded that the specifications stated in the solicitation are the minimum level required and that offers submitted must be for products or services that meet or exceed the minimum level of all features specifically listed in this solicitation. Offers offering less than any minimum specifications or criteria specified are not responsive and should not be submitted.
Offer responses submitted for products considered by the seller to be acceptable alternates to the brand names or manufacturer’s catalog references specified herein must be submitted with technical literature and/or detailed product brochures for the City’s use to evaluate the products offered. Offers submitted without this product information may be considered as non-responsive and rejected. The City will be the sole judge as to the acceptability of alternate products offered.
Prices will be submitted on a per unit basis by line item, when applicable. In the event of a disparity between the unit price and extended price, the unit price will prevail unless obviously in error.
Unless the solicitation specifically allows, alterations of electronic spreadsheet price proposals will be sufficient grounds for the City to consider your offer to be non-responsive.
4.6. Certifications
By signature on the Affidavit, Offeror certifies:
The submission of the Offer did not involve collusion or other anti-competitive practices.
The Offeror must not discriminate against any employee, or applicant for employment in violation of Federal or State Law.
The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Offer.
4.7. Withdrawal of Offer
At any time prior to the solicitation due date and time, an Offeror (or designated representative) may withdraw the Offer by clicking “Unsubmit Response” on the Offer submission via the City’s Procurement Portal.
4.8. Offer Results
Offers will be opened on the offer due date, time and location indicated in the Schedule of Events, at which time the name of each Offeror may be read. Offers and other information received in response to the solicitation will be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Offers are not available for public inspection until after the City has posted the award recommendation on the City’s Procurement Portal.
The City will post a preliminary offer tabulation on the Solicitation's Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/ within five business days of the offer opening. The City will post the information on the preliminary tabulation as it was read during the offer opening. The City makes no guarantee as to the accuracy of any information on the preliminary tabulation. Once the City has evaluated the offers, the City will post an award recommendation on the City’s Procurement Portal. By signing and submitting its Offer/Affidavit, each Offeror agrees that this posting of the award recommendation to the City’s Procurement Portal effectively serves as the Offeror’s receipt of that notice of award recommendation. The City has no obligation to provide any further notification to unsuccessful Offerors.
4.9. Late Offers
Late Offers must be rejected, except for good cause. If a late Offer is submitted, the Department will document the date and time of the submittal of the late Offer, keep the Offer and notify the Offeror that its Offer was disqualified for being a late Offer.
4.10. Obtaining a Copy of the Solicitation and Addenda
Interested Offerors may download the complete solicitation and addenda from the City’s Solicitation’s Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/180212. Any interested Offerors without internet access may obtain this solicitation by calling the Procurement Officer or picking up a copy during regular business hours at the City of Phoenix, Aviation Headquarters, 2485 East Buckeye Road, Phoenix, Arizona 85034. It is the Offeror’s responsibility to check the Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.
4.11. Labor Organization Documents
In a separate file marked “Statement Regarding Any Agreements with Labor Organizations”, Respondents shall submit a response to the following:
Do you currently have an agreement in place that would prohibit a labor organization from engaging in a strike, picketing or conducting other economic actions at the proposed concession operation? If yes, please list the labor organization(s) and the date the agreement was executed.
The information provided in response to this RCS question will not be considered as part of the panel deliberations or scoring criteria.
4.12. Small Business Outreach Pre-Award Submittal Requirements
The Small Business Outreach forms, EO1-200 - Statement of Outreach Commitment, EO2-200 - Participants List and Small Business Outreach Efforts, and EO3-200 - Small Business Utilization Commitment, marked in Attachments F, G, and H are due at the time of submittal.
Form EO1 - 200 – Statement of Outreach Commitment: At the time of submittal, Respondent must sign, date and submit a completed Form EO1 - 200 Statement of Outreach Commitment.
Form EO2 - 200 - Participants List and Small Business Outreach Efforts: At the time of submittal, Respondent must complete and submit Form EO2–200 Participants List and Small Business Outreach Efforts. For each proposal received, Respondent must complete columns A and B documenting its diligent, earnest outreach efforts for all subcontracting work as described in this clause. For each business identified as a Small Business in column A, Respondent must complete columns C, D, and E documenting its efforts for subcontracting work as described in this clause. Respondent must provide the following minimum information to document its Participants List and Outreach Efforts and in the designated columns within Form EO2 - 200:
Column A - Business Name and Contact Information: Must list each business’s full legal name and contact information, including address, phone number and email and/or fax. Respondent must inquire to obtain the following: the number of years in business, and its range of annual gross receipts. If the business is a Small Business, check the box.
Column B - Scope(s) of Work Solicited: List the NAICS Codes and scope(s) of work solicited for which the business was considered for participation in the proposal. The solicitation to firms by the Respondent must include a description of the scope(s) of work being requested.
Column C - Solicitation Method: Indicate the solicitation method by which each small business was contacted. The solicitation to small businesses may be in the form of letters or attachments to email, phone logs, newspapers, websites, and trade papers, outreach events, etc. Supporting documentation must include a copy of the actual solicitation sent to the small business. If using a log as supporting documentation, it must include:
List the Solicitation Method
Name of Respondent’s Representative
Name of Company Contacted
Name of Person Contacted
Company’s Contact Information Used to Reach the Company (e.g. phone number, email)
Date and Time of Contact
Details of the Communication
Column D - Selection Decision
Indicate the Respondent’s selection decision for each small business that responded to the solicitation.
Whether or not a firm was selected.
If not selected, provide an explanation of why the firm was not selected.
If selected, indicate the Dollar ($) Value.
Column E - Method of Communication of Final Selection Outcome
The Respondent must notify the final selection outcome to all small businesses that responded. The supporting documentation for this notification may be in the form of an email, letter, or a telephone log, etc. This documentation must show the following information regarding the final selection:
Date the firm was notified of the outcome
Method used to communicate selection:
Email
Phone
Fax
Letter
In person
Respondent must provide supporting documentation that shows Respondent has communicated its final selection decisions and outcomes to all Small Businesses for which the box was checked, including those not chosen to participate in this opportunity.
Form EO3 – 200 Small Business Utilization Commitment
At the time of submittal, the Respondent must complete, sign, date and submit EO3 – 200 Small Business Utilization Commitment, which commits the Respondent to the Agency as follows:
The firms indicated as “Selected” on Form EO2 - 200- Participants List and Small Business Outreach Efforts, will participate in this Contract opportunity;
The Respondent will comply with the post-award compliance requirements as stated in the ACDBE-N contract clause;
Respondent understands and agrees that any and all changes or substitutions to Subcontracts with Small Businesses must be authorized by EOD prior to implementation; and
The following statement is true and correct: The proposed total participation of small business firms on this contract opportunity will be designated on Form EO3 by the Respondent.
Delivery of Response
As instructed in Section 4 – Delivery of Response of the RCS, Respondents may submit the Small Business Outreach Requirements in a sealed package marked “Small Business Outreach Requirements” as instructed in the solicitation.
Failure to Submit Forms EO1-200, EO2-200, EO3-200
Submittals that do not have these forms completed and signed, including the supporting documentation required by EO2-200, may be deemed non-responsive. A non-responsive submittal may be disqualified from further evaluation.
Failure to Meet Small Business Outreach Requirements
The Equal Opportunity Department (EOD) will determine in writing whether a Respondent has satisfied all outreach requirements. If EOD determines that the Respondent has failed to satisfy the outreach requirements, EOD may determine that the Respondent is non-responsive. A non-responsive determination disqualifies the Respondent from further consideration for the Lease award. The City shall send written notice to the Respondent stating the basis for EOD’s decision.
Outreach Administrative Reconsideration
If EOD determines that the Respondent failed to submit required documentation to meet the stated outreach requirements of this solicitation, the Respondent will have an opportunity to request EOD to administratively reconsider this determination, in accordance with the protest provisions in this RCS.
The Respondent may clarify its response, but the Respondent will not be allowed to submit or refer to new or revised documents or information. The City will only reconsider the original response as clarified in the request for reconsideration
5. Determination of Responsiveness and Responsibility and Evaluation
RESPONSIVENESS AND RESPONSIBILITY
Responses will be reviewed for responsiveness and responsibility, documentation of minimum qualifications, completeness, and adherence to RCS requirements.
The qualifications will be reviewed by the Procurement Officer in accordance with the criteria that determines responsiveness set forth in this RCS. If a Respondent’s Response is deemed not Responsive or not Responsible or does not meet the minimum qualifications, then no additional opportunity to supplement the qualifications will be afforded to the Respondent.
The City reserves the sole right to determine the sufficiency of qualifications and experience of all Respondents.
EVALUATION
Aviation will appoint evaluation panel(s) to evaluate all Responsive and Responsible Responses and recommend the Respondent(s) to be awarded the Lease resulting from this RCS. The Aviation Director may accept the evaluation panel’s recommendation and submit it to the Phoenix City Council for approval or may reject the recommendation. If only one Response is Responsive and Responsible to this RCS, then the Aviation Director shall have the discretion to determine whether the evaluation panel or staff will evaluate the Responsive and Responsible Response.
The evaluation panel may interview all Respondents or create a short-list of Respondents to interview. The same evaluation panel will be used for the short-list and the interview process. A short-list of Responses, when used, is a list of Responses identified by the evaluation panel, based on the evaluation criteria in this RCS, as those that have a substantial chance of resulting in a Lease award in comparison to all Responsive and Responsible Responses submitted. The evaluation panel may consider information from the interviews or demonstrations that clarifies the written Responses.
The evaluation panel will score the Responses by consensus based on the evaluation criteria. The City will retain the consensus scoring for each criterion for each Respondent. The City does not retain individual panelists’ scores.
DISCUSSIONS
The Procurement Officer may hold Discussions, based on the evaluation panel's review, with Respondents submitting a Reasonably Susceptible Response. Discussions may be conducted orally but must be confirmed in writing. In conducting Discussions, the Procurement Officer may not disclose any information derived from Responses submitted by competing Respondents. The Procurement Officer may request Response revisions from all Respondents with whom discussions were held. The Procurement Officer will facilitate the evaluation of any revisions in the revised Responses resulting from the discussions.
6. General Terms and Conditions of the RCS
6.1. Solicitation Transparency Policy
Commencing on the date and time a solicitation is published, potential or actual Offerors or respondents (including their representatives) shall only discuss matters associated with the solicitation with the Mayor, any members of City Council, the City Manager, any Deputy City Manager, or any department director directly associated with the solicitation (including in each case their assigned staff, except for the designated Procurement Officer) at a public meeting, posted under Arizona Statutes, until the resulting contract(s) are awarded to all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or similar solicitation.
As long as the solicitation is not discussed, Offerors may continue to conduct business with the City and discuss business that is unrelated to the solicitation with the City staff. Offerors may not discuss the solicitation with any City employees or evaluation panel members.
Offerors may discuss their proposal or the solicitation with the Mayor or one or more members of the Phoenix City Council, provided such meetings are scheduled through the Procurement Officer, and are posted as open meetings with the City Clerk at least 24 hours prior to the scheduled meetings. The City Clerk will be responsible for posting the meetings. The posted notice shall identify the participants and the subject matter, as well as invite the public to participate.
With respect to the selection of the successful Offerors, the City Manager and/or City Manager's Office will continue the past practice of exerting no undue influence on the process. In all solicitations of bids and proposals, any direction on the selection from the City Manager and/or City Manager's Office and Department Head (or representative) to the proposal review panel or selecting authority must be provided in writing to all prospective Offerors.
This policy is intended to create a level playing field for all Offerors, assure that contracts are awarded in public, and protect the integrity of the selection process. OFFERORS THAT VIOLATE THIS POLICY SHALL BE DISQUALIFIED. After official Notice is received by the City for disqualification, the Offeror may follow the Protest process, unless the Solicitation is cancelled without notice of intent to re-issue.
“To discuss” means any contact by the Offeror, regardless of whether the City responds to the contact. Offerors that violate this policy will be disqualified until the resulting contract(s) are awarded, or all offers or responses are rejected and the solicitation is cancelled without any announcement by the Procurement Officer of the City’s intent to reissue the same or a similar solicitation. The City interprets the policy as continuing through a cancellation of a solicitation until Council award of the contract, as long as the City cancels with a statement that the City will rebid the solicitation.
6.2. Award Recommendation
All award recommendations will be posted on the City's Procurement Portal.
When the City posts the award recommendation, the procurement file for this RCS will be available upon request for review. The procurement file consists of the RCS, any addenda, advertising documents, Responses, evaluation process documents, Pre-Response meeting documents, Q&A, signed conflict of interest statements used in this process and confirmation of the RCS’s posting to the City's Procurement Portal.
6.3. Disclosure of Confidential and Proprietary Information
All materials submitted by Respondents are the property of the City and become a matter of public record available for review pursuant to Arizona law. A Respondent may not request that the entire Response be treated as confidential. A Respondent may request specific information contained within its Response be treated by the Procurement Officer as confidential or proprietary (collectively confidential) provided the Respondent clearly labels the specific information "confidential". To the extent necessary for the evaluation process, information marked as "confidential" will not be treated as confidential.
Once the procurement file becomes available for public inspection, the Procurement Officer will not make any information identified by the Respondent as "confidential" available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Procurement Officer will notify a Respondent in writing of any request to view any portion of its offer marked "confidential." The Respondent will have fourteen (14) calendar days thereafter to (i) notify the Procurement Officer if Respondent does not object to such disclosure, or (ii) obtain and furnish a court order enjoining such disclosure. The time to obtain a court order may be extended at the Procurement Officer’s sole discretion. If the Respondent does not provide the Procurement Officer with a court order enjoining release of the information during the designated time period, the Procurement Officer will make the information requested available for inspection.
6.4. City's Reservation of Rights
The City may:
Accept or reject any or all Responses in whole or in part;
Cancel this RCS in whole or in part;
Negotiate any Response elements in a manner that does not create an unfair advantage for any Respondent;
Reissue this RCS with or without modification;
Waive any non-material defects in any Response or the procurement process; and
Take any other legal action deemed to be in the City's best interest.
6.5. Right to Disqualify
The City reserves the right to disqualify any Offeror who fails to provide information or data requested or who provides materially inaccurate or misleading information or data. The City further reserves the right to disqualify any Offeror on the basis of any real or apparent conflict of interest that is disclosed by the Offer submitted or any other data or information available to the City. This disqualification is at the sole discretion of the City. By submission of a solicitation response, the Offeror waives any right to object now or at any future time, before any agency or body including, but not limited to, the City Council of the City or any court as to the exercise by the City of such right to disqualify or as to any disqualification by reason of real or apparent conflict of interest determined by the City. The City reserves the right to replace the disqualified Offeror.
6.6. Respondent Incurred Costs
All costs incurred by the Respondent in connection with this RCS must be borne solely by the Respondent. Under no circumstances will the City be responsible for any costs associated with the Respondent’s Response or the RCS process.
6.7. City's Sole Determination of Responsiveness and Responsibility and Right to Investigate
Responses will be reviewed for documentation of minimum qualifications, completeness, and compliance with the RCS requirements. The City reserves the sole right to determine responsiveness and responsibility, which includes the City’s determination of the Respondent’s integrity, skill, capacity, experience, and facilities for conducting the work to be performed.
The City’s determination as to whether a Respondent is responsible will be based on the information furnished by the Respondent, interviews (if any), and any other sources the City deems appropriate. Award of the Lease resulting from this RCS will not be made until such investigations, which each Respondent agrees to permit by submitting its Response, are made by the City as it deems necessary.
6.8. Respondent Certification and Affidavit
By submission of a Response, each Respondent certifies it has not paid or agreed to pay any fee or commission, or any other item of value contingent on the award of a Lease to any employee, official or current contracting consultant of the City. Any Respondent that is unable to comply with any required certifications may be disqualified.
In compliance with Arizona Revised Statutes §§ 1-501 and 1-502(D), the City will require any Successful Respondent that submits its Response as a sole proprietorship or as an individual to complete the Affidavit of Lawful Presence posted at:
https://www.phoenix.gov/Documents/lawfulpresence.pdf prior to the award of any Lease resulting from this RCS process.
6.9. Protest Policy
Offeror may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid.
Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.
Offeror may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Offeror was notified of the adverse determination.
Offeror may protest an award recommendation if the Offeror can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations on the City’s website to award the contract(s) to an Offeror(s). Offeror must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the City’s full and final discretion.
All protests will be in writing, filed with the Procurement Officer identified in the solicitation and include the following:
Identification of the solicitation number;
The name, address and telephone number of the protester;
A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;
The form of relief requested; and
The signature of the protester or its authorized representative.
The Procurement Officer will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the City’s Procurement Code, (Phoenix City Code, Ch. 43) and any protests or appeals not submitted within the time requirements will not be considered. Protests must be filed with the Procurement Officer.
6.10. Legal Worker Requirements
The City is prohibited by A.R.S. § 41-4401 from awarding an agreement to any Respondent who fails, or whose subcontractors fail, to comply with A.R.S. § 23 214(A). Therefore, Respondent agrees that:
Respondent and each subcontractor it uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with § 23-214, subsection A.
A breach of warranty under paragraph A will be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement.
The City retains the legal right to inspect the papers of the Respondent or subcontractor employee(s) who work(s) on the resulting Lease to ensure that Respondent or subcontractor is complying with the warranty under paragraph.
6.11. Compliance with Nondiscrimination Requirements
During the performance of this contract, the Successful Respondent, for itself, its subcontractors, its assignees, and successors in interest, agrees as follows:
Compliance with Regulations: The Successful Respondent (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
Nondiscrimination: The Successful Respondent, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in the selection and retention of subcontractors, including procurements of materials and Leases of equipment. The Successful Respondent will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Successful Respondent for work to be performed under a subcontract, including procurements of materials, or Leases of equipment, each potential subcontractor or supplier will be notified by the Successful Respondent of the Respondents obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
Information and Reports: The Successful Respondent will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Phoenix or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Successful Respondent will so certify to the City of Phoenix or the FAA, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of a Successful Respondents noncompliance with the nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
Withholding payments to the Successful Respondent under the contract until the Successful Respondent complies; and/or
Cancelling, terminating, or suspending a contract, in whole or in part.
Incorporation of Provisions: The Successful Respondent will include provisions of paragraphs A through F in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Successful Respondent will act with respect to any subcontract or procurement as the City or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Successful Respondent becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Successful Respondent may request the City to enter into any litigation to protect the interests of the City. In addition, the Successful Respondent may request the United States to enter into the litigation to protect the interests of the United States.
6.12. Affirmative Action Compliance Certification
The Successful Respondent certifies its compliance with federal affirmative action requirements by signing the Lease resulting from this RCS.
6.13. Non-Discrimination/Equal Opportunity for Successful Respondent
The City extends to all Respondents an equal economic opportunity to compete for City business and strongly encourages the participation of ACDBE firms and small businesses. The Successful Respondent is required to adopt and incorporate the following nondiscrimination policy statement in all contractual arrangements (49 CFR Part 23.9):
“This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. The concessionaire or contractor agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23.
“The concessionaire or contractor agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements.”
In administering its ACDBE program, the Successful Respondent will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the ACDBE program with respect to individuals of a particular race, color, sex, or national origin.
The Successful Respondent further agrees to meet the non-discrimination requirements provided in 49 CFR Part 26, §26.7 with respect to the award and performance of any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by this subpart.
The Successful Respondent will take all necessary and reasonable steps to ensure nondiscrimination in the award and administration of contracts and agreements covered under the ACDBE program.
6.14. Title VI Solicitation Notice
The City of Phoenix, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 [78 Stat. 252, 42 USC §§ 2000d to 2000d-4] and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award.
6.15. Compliance with Laws
As specified in the Lease, the successful Respondent will be required to comply with all applicable Federal, State and local laws, regulations, standards, codes and ordinances, and additionally must:
Comply with Attachment HH – Supplemental Terms and Conditions to All Airport Agreements (Revised 04/29/2026), including its provisions requiring the mitigation of heat-related illnesses and injuries.
Comply with Attachment II – Compliance with Environmental Laws (Revised July 9, 2025).
7. Vendor Questionnaire
1. Terminal 3 Food & Beverage Concessions Operator (Small Business Opportunity) Micro Restaurant and Mobile Kiosk*
Is the Respondent submitting a Response for AVN RCS 26-0047?
Yes
No
*Response required
When equals "Yes"
1.1. Notarized Affidavit*
Has the Respondent mailed the signed Notarized Affidavit (Attachment N) to the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034?
The signed Notarized Affidavit (Attachment N) must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
Yes
No
*Response required
When equals "Yes"
1.2. Notarized Affidavit*
Please provide a scanned copy of the signed Notarized Affidavit (Attachment N)
The signed Notarized Affidavit (Attachment N) must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
Affidavit.pdf
*Response required
When equals "Yes"
1.3. Response Guarantee*
Please confirm that Respondent has mailed the Response Guarantee, as defined in Section 1.13, to the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034.
The Response Guarantee must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
Yes
No
*Response required
When equals "Yes"
1.4. Response Guarantee*
Please upload a scanned copy of the Response Guarantee
The actual Response Guarantee must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
*Response required
When equals "Yes"
1.5. Letter of Declaration*
Please download the below documents, complete, and upload.
Letter_of_Declaration_(Equal_Pay).pdf
*Response required
When equals "Yes"
1.6. Conflict of Interest and Solicitation Transparency Form*
Please download the below documents, complete, and upload.
Conflict_of_Interest_and_Transparency.pdf
*Response required
When equals "Yes"
1.7. Respondent References*
Please download the below documents, complete, and upload.
Respondent_References.pdf
*Response required
When equals "Yes"
1.8. Bank's Letter of Commitment*
Please upload a letter from the Respondent's bank communicating the bank's commitment to provide the Respondent, if successful, with a Letter of Credit or Cash Deposit in the amounts defined in Section 1.13 (A).
*Response required
When equals "Yes"
1.9. Insurance*
Please upload evidence of Respondent's ability to obtain required insurance coverages, such as a commitment letter from an underwriter or a current certificate of insurance showing comparable insurance limits, confirming that the Respondent is insurable for the required coverages at the required limits as defined in Attachment Y.
*Response required
When equals "Yes"
1.10. Small Business Outreach Requirements*
Has the Respondent mailed the Small Business Outreach Requirements, including the items listed below, in a separate sealed package to the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034?The Small Business Outreach Requirements supporting documentation must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
The completed Statement of Outreach Commitment Form (Form EO1-200 - Attachment H).
The completed Small Business Outreach Efforts Form (Form EO2-200 - Attachment I).
All supporting documentation required in Form EO2-200.
The completed Small Business Utilization Commitment Form (Form EO3-200 - Attachment J).
One (1) electronic copy (USB drive) of all the Small Business Outreach Requirements completed forms and supporting documentation.
EO1-200_-_Statement_of_Outreach_Commitment.pdf
EO2-200_-_Small_Business_Outreach_Efforts_and_Participants_List.xlsx
EO3-200_-_Small_Business_Utilization_Commitment.pdf
*Response required
When equals "Yes"
1.11. Small Business Verification *
Please confirm that Respondent has mailed the Small Business Verification supporting documentation, i.e. federal tax returns, as defined in Section 1.5, to the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034.
The Small Business Verification supporting documentation must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
Yes
No
*Response required
When equals "Yes"
1.12. Sustainability Program*
Please upload the Respondent's Sustainability Program.
*Response required
When equals "Yes"
1.13. Statement Regarding any Agreement with Labor Organizations*
Please upload the Respondent's Statement Regarding any Agreement with Labor Organizations. Please see Section 4.10 of the RCS.
*Response required
When equals "Yes"
1.14. Offer / Respondent Response *
Please upload Respondent's Response. See Section 4.3 of the RCS for detailed information on what should be included in the Response.
*Response required
8. Attachments
A - 1 - A - T3 F&B Micro Resturant Mobile Kiosk - Draft Lease
B - 2 - B - Premise Map T3 FB Micro Restaurant
C - 3 - C - Premise Map Storage Space T3 FB Micro Restaurant
D - 4 - D - ACDBE-N RCS Clause - Pre-Award
E - 5 - E - ACDBE-N Lease Clause - Post-Award
F - 6 - F - EO1-200 ACDBE N Outreach Forms
G - 7 - G - EO2-200 ACDBE N Outreach Forms
H - 8 - H -EO3-200 ACDBE N Outreach Forms
I - 9 - I - Letter of Declaration (Equal Pay)
J - 10 - J - Affidavit
K - 11 - K - Letter of Credit
L - 12 - L - Cash Deposit for Performance Guarantee
M - 13 - M - Tenant Design Criteria
N - 14 - N - Concessions Op and Service Standards
O - 15 - O - Capital Investment
P - 16 - P - F&B Concept Description
Q - 17 - Q - Qualifications and Experience of On-site Manager
R - 18 - R - Business Experience of Respondent's F&B Concept Ops
S - 19 - S - Contact Info for Respondent
T - 20 - T - Exp of Respondent and Partners with Concept
U - 21 - U - Pro Forma Micro
V - 22 - V - Pro Forma - Mobile Kiosk
W - 23 - W - Assumptions for Micro Restaurant
X - 24 - X - Assumptions for Mobile Kiosk
Y - 25 - Y - Conflict of Interest and Transparency
Z - 26 - Z - Respondent References
AA - 27 - AA - Insurance Requirements
BB - 28 - BB - Supplemental Terms And Conditions To All Airport Agreements REV. 4.29.26
CC - 29 - CC - Compliance-With-Environmental-Laws-REV.-July 9, 2025
DD - 30 - DD - Micro Restaurant Equipment List and Value
EE - 31 - EE - Micro Restaurant and Mobile Kiosk Equipment List
