- Addenda
- Text
- & Notices
Question & Answer
Addenda & Notices
Addenda & Notices issued following the posting of the project
All
2
Addenda
1
Notices
1
Addendum #1
Jul 23, 2026 7:45 PM
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RCS_26-0041_T3N2_Retail_-_Addendum_No._1.pdf
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RCS_26-0041_T3N2_Retail_-_Question_&_Answer_Report.pdf
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Attachment_F_-_ACDBE-N_Concession_RCS_Clause_-_Pre-Award_(Rev._7.23.26).pdf
Official Notice #1: AVN RCS 26-0041 Pre-Offer Meeting Documents
Jun 23, 2026 5:05 PM
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AVN_RCS_26-0041_Pre-Offer_Presentation.pdf
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AVN_RCS_26-0041_Attendee_Sheet.pdf
- Entries
- Title
"Addenda & Notices issued following the posting of the project"
- Due Text
- Wednesday, September 2, 2026 11:00am
- Posted At
- Fri, Jun 5, 2026 5:16 PM
- Documents
- Terminal_3_North_2_Concourse_Retail_Concessions_(Addendum_#1_Revision).pdf, A - A - Draft Lease - Package 1, B - B - Draft Lease - Package 2, C - C - Premises - Package 1, D - D - Premises - Package 2, E - E - Respondent Package Preference, F - F - ACDBE-N Concession RCS Clause - Pre-Award (Rev. 7.23.26), G - G - EO1-200 - Statement of Outreach Commitment, H - H - EO2-200 - Small Business Outreach and Participants List, I - I - EO3-200 - Small Business Utilization Commitment, J - J - ACDBE-N Concession Lease Clause - Post-Award, K - K - Letter of Declaration (Equal Pay), L - L - Affidavit, M - M - Letter of Credit Form, N - N - Cash Deposit for Performance Guarantee, O - O - Portable Interim Concession Unit Locations, P - P - Concessions Operating and Service Standards, Q - Q - Proposed Capital Investment, R - R - Tenant Design Criteria, S - S - Tenant Design Criteria - Lease Outline Drawings, T - T - Tenant Design Criteria - Exhibits, U - U - Storage Space, V - V - Conflict of Interest and Solicitation Transparency Disclosure, W - W - Respondent References, X - X - Phoenix City Code Sections 18-413, 414, and 415 Compliance - Heat Safety Compliance, Y - Y - Insurance Requirements, Z - Z - Retail Concept Description, AA - AA - Qualifications and Experience of Respondent's On-Site Manager, BB - BB - Respondent's Qualifications and Experience, CC - CC - Contact Information for Locations Provided in BB, DD - DD - Respondent's Experience Managing and Operating a Variety of Concepts, EE - EE - Experience of Respondent and Respondent's Subtenant and, or JV Partner with Proposed Concept, FF - FF - Pro Forma Financial Statements, GG - GG - Assumptions, HH - HH - Supplement Terms and Conditions to All Airport Contracts Revised 042926, II - II - Compliance with Environmental Laws Revised, #1 RCS 26-0041 T3N2 Retail - Addendum No. 1, #1 RCS 26-0041 T3N2 Retail - Question & Answer Report, #1 Attachment F - ACDBE-N Concession RCS Clause - Pre-Award (Rev. 7.23.26), #1 AVN RCS 26-0041 Attendee Sheet, #1 AVN RCS 26-0041 Pre-Offer Presentation
- Numeric Id
- 165230
- Description
- The City of Phoenix (City) Aviation Department (Aviation) is seeking responses from qualified Respondents to operate and manage Retail concession spaces in the Terminal 3 North 2 Concourse (T3N2) at Phoenix Sky Harbor International Airport (Airport or PHX).
The available Retail concession spaces are:
Package 1: News, Gift, and Convenience Store – 3,202 square feet in N2-R1
Package 2: Specialty Retail Boutique-Style Store – 1,198 square feet in N2-R2
The Successful Respondents will enter into a Concession Lease Agreement (Lease) with the City. Copies of the draft Leases are attached as Attachment A (Package 1) and Attachment B (Package 2). The Premises, identified in Attachment C (Package 1) and Attachment D (Package 2), will be developed, operated, and managed by the Successful Respondents.
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:
June 5, 2026
Pre-Offer Conference (Non-Mandatory):
June 18, 2026, 3:00pm
**Please RSVP/Register for the meeting at: https://cityofphoenix.webex.com/weblink/register/r545ac9be99c0f3cc0d0d3caa1f6068ab
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
Written Inquiries Due Date:
June 30, 2026, 11:00am
Offer Due Date:
September 2, 2026, 11:00am
Join Online:
https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=mb12bf24b5cf098cb6b0beb31ffcd746f
Join by phone
+1-415-655-0001 US Toll
Access code: 2336 372 5421
Evaluation (Tentative):
November and December 2026
Council Award (Tentative):
April 2027
- Contact Email
- busopps.aviation@phoenix.gov
- Contact Phone
- 602-273-3390
- Document Text
- 1. Introduction
1.1. Contact Information
Annie Sleeper
Aviation
Email: annie.sleeper@phoenix.gov
Phone: (602) 273-4389
1.2. Schedule of Events
The City 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 (Annie Sleeper) at (602) 273-4389/Voice or 711/TTY, or annie.sleeper@phoenix.gov, no later than two (2) weeks prior to the meeting.
Solicitation Issue Date: June 5, 2026
Pre-Offer Conference (Non-Mandatory): June 18, 2026, 3:00pm
**Please RSVP/Register for the meeting at: https://cityofphoenix.webex.com/weblink/register/r545ac9be99c0f3cc0d0d3caa1f6068ab
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
Written Inquiries Due Date: June 30, 2026, 11:00am
Offer Due Date: September 2, 2026, 11:00am
Join Online:
https://cityofphoenix.webex.com/cityofphoenix/j.php?MTID=mb12bf24b5cf098cb6b0beb31ffcd746f
Join by phone
+1-415-655-0001 US Toll
Access code: 2336 372 5421
Evaluation (Tentative): November and December 2026
Council Award (Tentative): April 2027
** Please Note: Attendees of the Pre-Offer Conference may attend in person at the Aviation Headquarters or virtually via WebEx. Registration or RSVP to participate in the Pre-Offer Conference is required to obtain the Pre-Offer Conference information. A Respondent who wishes to join the Pre-Offer Conference 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.
1.3. Introduction
The City of Phoenix (City) Aviation Department (Aviation) is seeking responses from qualified Respondents to operate and manage Retail concession spaces in the Terminal 3 North 2 Concourse (T3N2) at Phoenix Sky Harbor International Airport (Airport or PHX).
The available Retail concession spaces are:
Package 1: News, Gift, and Convenience Store – 3,202 square feet in N2-R1
Package 2: Specialty Retail Boutique-Style Store – 1,198 square feet in N2-R2
The Successful Respondents will enter into a Concession Lease Agreement (Lease) with the City. Copies of the draft Leases are attached as Attachment A (Package 1) and Attachment B (Package 2). The Premises, identified in Attachment C (Package 1) and Attachment D (Package 2), will be developed, operated, and managed by the Successful Respondents.
There are two (2) Retail concession contracting opportunities in this Revenue Contract Solicitation (RCS). Respondents may submit responses for one or both Retail Packages; however, Respondents will only be awarded one (1) Package. The City may consider awarding both Packages to the same Respondent if that Respondent is the only one who submitted a Response for both Packages; the other Responses received are deemed non-responsive and/or non-responsible; or if the City deems it to be in the City’s best interest.
Respondents submitting Responses for both Packages may indicate which Package they would prefer to be awarded. See Attachment E. The City will take this preference into consideration if a Respondent receives the highest evaluated score for both Packages; however, the City will award this highest scoring Respondent the Package the City deems to best meet the City’s needs. The second highest scoring Respondent for the other Package will be awarded that Package.
The City encourages competition in all of its solicitations. The City’s desired outcomes from this solicitation process are to:
Provide passengers with modern urban retail concepts that incorporate themes showcasing local culture and feature a mix of national, regional, and local brands, addressing Airport consumer needs and preferences, and reflecting current trends over the term of the Lease.
Optimize sales and rental revenues over the term of the Lease.
Design, build-out and execute a retail unit by the Successful Respondent that creates a distinctive sense of place and an open, welcoming space.
Incorporate technology or innovative service concepts to enhance service offerings and the passenger experiences.
Foster competition while increasing the opportunity for local and small business participation.
Elevate the quality and uniqueness of souvenir, gift, and retail merchandise offerings and reflect current airport retail market trends.
Demonstrate support of Airport initiatives such as Sustainability programs, concession marketing programs, and customer experience programs.
Select Respondents, including their subtenant and/or joint venture partner(s) (if any), who have experience in the successful operation of airport retail concepts.
Select Respondents 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, 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 airport retail concessions experience and financial capability, but also creativity in proposing T3N2 retail concepts that will enhance the customer experience.
To support a quality and productive workplace for the airport concession workforce, it is important to the City that the concessionaires offer access to affordable, quality health insurance, competitive wages, and safe working conditions.
1.4. Background
Phoenix Sky Harbor International Airport 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 volumes continue to rise, the Airport must expand its facilities and concession offerings to meet growing demand. A new six-gate concourse is under construction at Terminal 3 (T3 N2 Concourse) and is expected to be operational in 2027. Additional retail concessions will be needed to serve these passengers.
Recent performance data supports the need for additional retail shopping options in Terminal 3. Since 2022, PHX has experienced a steady increase in both passenger enplanements and concessions gross sales as PHX recovered from the pandemic. According to available data, Terminal 3 passenger enplanements grew by approximately 22% from 2022 to 2025, reaching a total of 6,257,980 in 2025. This increase in passenger traffic boosted retail concession sales, with gross sales increasing by 11% during the same period. In 2025, total concessions for Terminal 3 reported gross sales generated over $88 million, demonstrating a strong post-pandemic recovery and increased passenger spending.
As the Airport continues to focus on enhancing the passenger experience, these statistics underscore the positive correlation between rising enplanements and increased revenue from airport concessions. The Airport anticipates a 2.5% passenger growth as new facilities, including a new expanded concourse in Terminal 3, and additional retail shopping options, are expected 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 CY 2025
Retail $29,160,388 $33,906,212 $31,892,039 $32,402,079
TERMINAL 3 ENPLANED PASSENGERS BY AIRLINE
AIRLINE CY 2022 CY 2023 CY 2024 CY 2025
Advanced Airlines 2,012 4,467 5,703 6,752
Air Canada 132,264 164,524 177,465 144,379
Alaska Airlines 725,970 768,017 777,471 871,874
Allegiant Airlines 45,255 58,392 62,657 56,502
Boutique Air 3,260 - - -
Breeze Airways 1,531 54,245 44,160 46,974
Contour Airlines 9,447 9,299 12,334 -
Delta Air Lines 1,628,335 1,836,447 1,870,472 1,819,323
Denver Air Connection 5,019 8,412 8,276 7,423
Frontier Airlines 706,130 1,288,731 1,444,256 1,201,729
Hawaiian Airlines 91,847 98,144 103,951 98,966
JetBlue Airways 158,155 132,304 133,487 155,268
Porter Airlines - - 10,324 35,737
Southern Airways Express - 4,491 3,110 1,088
Spirit Airlines 204,764 303,079 188,195 69,365
Sun Country Air 131,865 136,958 145,825 138,388
United Airlines 1,301,836 1,463,438 1,597,278 1,604,212
TOTAL 5,147,690 6,330,948 6,584,964 6,257,980
T3 currently has eleven (11) active retail concessions listed in the chart below.
CURRENT TERMINAL 3 RETAIL CATEGORIES BY LOCATION
Number of Stores Retail Category Concourse Locations
4
News, Gift, and Convenience
North Concourse
South Concourse
Lobby
7
Specialty Retail: Clothing, Travel Essentials, Tech
E Gates
F Gates
Lobby
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 or relevancy of the statistical data. The Respondent assumes all risk associated with using the data, including its accuracy, relevance, and/or materiality to the formulation of its Response.
1.5. Definitions
The following definitions apply to this 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.
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. The JV is limited in scope and duration to this Contract. The resources assets, and labor of the participants must be combined in an effort to accrue profit.
LEASE is a written agreement with the City to conduct business on City property.
LICENSE means a document granting permission to do a specific act or acts.
LICENSEE means a person or entity that has been granted limited rights or permissions by a licensor in the form of a license.
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.
VENDOR means a seller of goods or services.
1.6. 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.
Respondent must have a minimum of three (3) or more continuous years in the last five (5) years of ownership or executive management of a Retail business operation in an airport with active involvement in the day-to-day management of the retail business operation (qualifying business). 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’s qualifying business must have achieved minimum gross sales of $2.5 million dollars for one (1) of the last five (5) years.
Respondent must include a Sustainability Program for the proposed concessions that is consistent with the goals of the Aviation Department’s Sustainability and Resiliency Management Plan (SRMP) and describes how the Respondent will assist Aviation in meeting its sustainability goals. See Section 4.2. – Delivery of Responses. 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).
1.7. Good Standing
Any Respondent and Partners, as defined in the Response Limitation to this RCS section, 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.
1.8. 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 Revenue Contract Solicitation (RCS) Clause Pre-Award (Attachment F) 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 - Small Business Outreach Efforts and Participants Lists, and EO3-200 - Small Business Utilization Commitment, marked in Attachment G, Attachment H, and Attachment I, 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 Lease Clause Post Award (Attachment J).
1.9. Equal Pay Requirements
In 2015, 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 of Phoenix. Attachment K details the 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, in as much detail as possible.
1.10. 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 execution by the City (Effective Date). The Initial Term of the Lease will begin on the Effective Date and continue for twelve (12) months. The Primary Term of the Lease will start on twelve (12) months from the Effective Date. The Primary Term of the Lease will be for twelve (12) years, with no options to extend.
Respondents are advised to read the draft Leases included as Attachment A and Attachment B, to which the Successful Respondent and its Partners, as defined in the Response Limitation to this RCS section, shall be bound. See Attachment L – Affidavit, Paragraph 12 of Assurances.
This RCS is for a non-exclusive Lease(s) 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 retail concessions in operation at the Airport and/or future retail concessions that may be located within the existing locations or in later additions to locations throughout the Airport.
1.11. 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.
1.12. Guarantee Instruments
Response Guarantee: Each response must be accompanied by a Response Guarantee in the form of a cashier’s check payable, without condition or restrictive endorsement, to the “City of Phoenix”. The Response Guarantee amounts are as follows:
For Package 1 – News, Gift, and Convenience Store, a ten-thousand-dollar ($10,000.00 USD) Response Guarantee check.
For Package 2 – Specialty Retail Boutique-Style Store, a ten-thousand-dollar ($10,000.00 USD) Response Guarantee check.
If a Respondent submits a response for both packages, a Response Guarantee must be submitted for each package. Each Respondent’s Response Guarantee must be submitted in a separate sealed envelope clearly marked “Response Guarantee”.
Response Guarantees submitted by unsuccessful Respondents, including Respondents 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.
The Response Guarantee of the Successful Respondent will be returned, without interest, immediately after 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 execution of the Lease, the Successful Respondents will be required to post and maintain with the City a Performance Guarantee in the form of a Letter of Credit (LOC) or a Cash Deposit. The Performance Guarantee amounts are as follows:
For Package 1 – News, Gift, and Convenience Store will be calculated based on the square footage of the concession location Premises multiplied by the then Airport Terminal Rental Rate authorized by Phoenix City Code, subject to annual adjustments.
For Package 2 – Specialty Retail Boutique-Style Store will be calculated based on the square footage of the concession location Premises multiplied by the then Airport Terminal Rental Rate authorized by Phoenix City Code, subject to annual adjustments.
The LOC shall be in the form provided in Attachment M. The Cash Deposit shall be submitted in the form provided in Attachment N.
Adjustments to Performance Guarantee: City may increase the amount of the Performance Guarantee from time to time so that it is equal to or greater than an amount equal to six (6) months of rent based on the average monthly rent paid during the immediately preceding 12-month period. 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's failure to pay any 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 Attachment M. 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 a) may make telefacsimile draw, or other electronic submission, of draws and b) shall receive electronic notifications in the event there are problems with a draw request. 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 Form attached hereto and marked Attachment N.
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 for payment by Successful Respondent of all claims by City. City may draw on or make a claim against the Performance Guarantee if 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.
Employee Fidelity Bond: Upon execution of the Lease, the Successful Respondent will be required to post and maintain with the City a bond covering employees required to handle money in the amount of ten-thousand-dollars ($10,000.00 USD).
1.13. Pre-Offer Conference
Respondents are strongly encouraged to attend the Pre-Offer Conference. Respondents may attend in person at the Aviation Headquarters or virtually via WebEx. See Section 1.2 – Schedule of Events for the date, time, and address or 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.
A web-based virtual reality integration video of the T3N2 Concourse is available at: https://vr.yulio.com/HCZnMFhoRi. The designs, layouts, and information in the video is for general informational purposes only. The City makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability or completeness of any information in the video. The Respondent assumes all risk associated with using the information, including its accuracy, relevance, and/or materiality to the formulation of its Response.
1.14. 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 Respondents discover 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, 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.
1.15. 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.
1.16. 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.
1.17. 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.
1.18. 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, within Airport facilities.
If 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 notice, the City agrees to engage with the Successful Respondent to obtain input regarding operational considerations and implementation of exclusive beverage arrangements. The Successful Respondent agrees to cooperate with and assist the City, as necessary, in implementing such exclusive agreements.
1.19. 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. A CRDC is a centralized facility on the airport for receiving, screening, sorting, storing, and securely distributing retail goods and supplies, and food and beverage goods and supplies to various airport concession units at the Airport. The City agrees to provide the Successful Respondent with a minimum of two (2) years’ advance written notice of intent to develop a CRDC prior to commencing facility construction. Additionally, the City will provide the Successful Respondent with a minimum of one (1) year advance written notice of its intent to solicit CRDC logistics management services prior to issuing such solicitation. During the CRDC planning and development process, the City agrees to engage with the Successful Respondent to gather input regarding facility operational requirements; however, the City retains final decision-making authority for all aspects of CRDC development. Should the City implement CRDC operations, 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.
1.20. 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.
1.21. Response Limitation to this RCS
Respondents may submit only one (1) Response per Package for this RCS. Multiple Responses are prohibited. The following shall be deemed Multiple Responses.
The City receives more than one (1) Response for a Package from a Respondent.
The City receives one (1) Response from a Respondent and one (1) or more Responses for a Package from any entity or person affiliated with the Respondent.
If Multiple Responses for any single package 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, joint venture, or subtenant on separate Responses.
A person or entity proposing as a prime or sole Respondent also proposing as a joint venture partner or subtenant on a separate Response.
A person or entity proposing as a subtenant on separate Responses.
Two or more Respondents 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 or subtenant 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 licensee or vendor only, or submitting a Response as a Respondent and participating as a licensee or vendor on a different Respondent’s team.
CONTINGENT RESPONSES WILL BE REJECTED.
2. Scope of Work
2.1. Retail Concept Requirements
The Successful Respondents shall have a non-exclusive right to install appropriate improvements in accordance with the Lease (Attachment A and Attachment B). The Successful Respondents will be required to plan, design, build-out, maintain, manage, staff and operate the retail concessions, at its sole cost, in accordance with the Lease. Design, furnishings, fixtures, equipment, and finish materials for all tenant improvements must be approved by the City through the Tenant Improvement Process prior to construction and installation.
The Successful Respondents 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 experience programs or mobile ordering systems for merchandise purchases. Cooperation with such programs is required.
2.2. Retail Concept and Categories
This section of the RCS contains a list of the retail categories identified for this T3N2 solicitation. Each category contains a description of the type of concept and merchandise items desired by the City. In addition, the Store ID and square footage for each concession space location are listed below in the retail category descriptions.
Respondents 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 retail categories in this solicitation.
Retail Spaces:
There are two (2) Retail concession contracting opportunities in this RCS. The available Retail concession spaces are:
Package 1: News, Gift, and Convenience Store – 3,202 square feet in N2-R1
Package 2: Specialty Retail Boutique-Style Store – 1,198 square feet in N2-R2
PACKAGE STORE ID CONCEPT CATEGORY SQUARE FEET
1 N2-R1 News, Gift, and Convenience Store 3,202
2 N2-R2 Specialty Retail Boutique-Style Store 1,198
2.3. Package 1: Terminal 3 North 2 Concourse (N2-R1) News, Gift, and Convenience Store
N2-R1, occupying 3,202 square feet, is a News, Gift, and Convenience Store. See Premises in Attachment C. The store must provide essential travel merchandise for passengers who need to make quick and efficient purchases. The City encourages Respondents to propose a retail design that incorporates innovative payment options of touchless and contactless checkout technology to serve travelers who want fast, seamless service. The goal is to elevate the in-store customer experience while optimizing sales throughput and operational efficiency to enhance revenue generation, especially during peak travel hours of the day.
The store must offer merchandise in the following merchandise categories: reading materials, personal care products and travel essentials, variety of pre-packaged food and snacks items, bottled/canned beverages, souvenirs and gift merchandise, travel technology accessories, and other convenience merchandise appropriate for airport passengers.
Other than pre-packaged food and snacks and bottled/canned beverages, the store will be prohibited from selling food and beverage items such as fountain drinks and freshly brewed coffee.
News, Gift, and Convenience Vending Alcove:
The Successful Respondent will be required to include delivery, installation, operation, and maintenance of vending machines in the News, Gift, and Convenience Vending Alcove of the News, Gift, and Convenience Store Premises. See Premises in Attachment C. Vending is defined as a vending machine, which may be refrigerated, that contains bottled or canned beverages and packaged snacks and dispenses the beverages and packaged snacks upon payment.
The Successful Respondent must sell food and beverage items in vending machines consistent with what is being offered in the News, Gift, and Convenience space such as bottled beverages and packaged snacks. In addition to traditional food and non-alcoholic national and regional beverage vending offerings, the Successful Respondent will provide healthy alternatives in the product mix. The Successful Respondent may sell retail items such as personal care products, travel essentials, and travel technology accessories in vending machines. Sale of the following items are strictly prohibited: alcohol, tobacco products, e-cigarettes or vaping products, general merchandise such as t-shirts, hats, magazines or newspapers, and any type of lottery or gambling tickets. All types of gambling products are prohibited. All vending machines must be capable of handling various payment methods consistent with industry norms.
The cost of the News, Gift, and Convenience Vending Alcove will be excluded from the initial capital investment requirement defined in Section 2.13 (D).
Portable Interim Concession Unit: During the construction of the News, Gift, and Convenience location, the Successful Respondent must provide and operate a portable interim concession unit to include essential travel items and pre-packaged food, snacks, and beverage items. The location for the portable interim concession unit can be found in Attachment O. Product offerings such as fountain drinks or freshly brewed coffee will be prohibited at the portable interim concession unit. Plans for the portable interim concession unit, including design, location, days and hours of operation, and the merchandise list must be approved in writing, in advance, by Aviation. The cost of the portable interim concession unit will be excluded from the initial capital investment requirement defined in Section 2.13 (D). Any changes to the portable interim concession unit, its location or offerings must also be approved. Aviation reserves the right to modify or inspect the portable interim concession unit and the associated plans or operations upon providing written notice.
Reading Materials Offerings:
The reading materials area of the store should consist of an assortment of readables including newspapers, magazines, and books and a selection of local and national newspapers such as The Phoenix Business Journal, The Arizona Republic, Wall Street Journal, New York Times, and USA Today. Books should include selections from the top 20 paperback and hardcover books from the New York Times Best Seller list.
The periodical section of the reading materials areas should offer magazines in the following categories: business, entertainment, fashion, cooking, gourmet foods and wine, health and fitness, sports, technology, science, and politics. The book section should offer hardcover and paperback books appealing to business and leisure travelers, including fiction, non-fiction, reference, children’s books, self-help, advice and how-to, cooking, art, travel, and books related to Phoenix and the Arizona area.
In addition, the store may offer printed materials such as travel guides, local interest publications, current events materials, and maps.
Personal Care Products and Travel Essentials Offerings: The personal care products area of the store is expected to offer essential travel items that passengers commonly forget or require during their travel journey, including, but not limited to, over-the-counter medication, personal hygiene and care products, eyewear, batteries, stationery and postal supplies, and travel accessories. The Successful Respondent should be knowledgeable of the Transportation Security Administration (TSA) security restrictions that limit liquid container sizes and prohibit certain items, as this directly impacts product selection and customer needs. TSA guidelines on prohibited items are available at https://www.tsa.gov/travel/security-screening/whatcanibring/all.
Travel Technology Accessories Offerings: The store's technology offerings will be limited to portable electronic accessories, including device chargers, earbuds and headphones, charging cables and connectors, power adapters, and other similar electronic travel accessories.
Souvenirs, Gifts Merchandise, and Other Convenience Merchandise Offerings:
The store is expected to offer a selection of memorabilia that reflects the unique character of Phoenix and the Arizona region, particularly merchandise made in Arizona or that features the Phoenix metropolitan area. Examples of souvenir and gift merchandise include apparel such as t-shirts and sweatshirts, alcoholic beverages sold for consumption off-Airport, drinkware including coffee mugs and shot glasses, local-themed items like cactus gardens and wind chimes, children's toys and games, candles, hand-painted tiles and coasters, picture frames, and caps and hats.
In addition, the store may offer other convenience merchandise appropriate for airport passengers, such as travel comfort items like neck pillows, eye masks, and blankets, travel clothing items such as socks and compression wear, umbrellas, luggage accessories including locks and tags, disposable cameras, emergency travel items, and other travel necessities.
2.4. Package 2: Terminal 3 North 2 Concourse (N2-R2) Specialty Retail Boutique-Style Store
N2-R2 occupying 1,198 square feet, is a Specialty Retail Boutique-Style Store. See Premises in Attachment D. The N2-R2 is designated for a Specialty Retail Boutique-Style Store designed to feature a curated selection of unique and specialty retail products that feature locally-produced merchandise and products and complement the retail program and concepts located in T3. The City encourages Respondents to be creative in designing a shopping experience that allows curated brands to be showcased, creating a vibrant and distinctive concession space that enhances customer engagement and increases revenue opportunities. The store should carry local/regional, national, or international branded merchandise that is clearly differentiated from other retail products, fostering a sense of exclusivity and individuality for each customer through thoughtful store design and distinctive product selection.
Merchandise at this location may include cosmetics, fragrances, sportswear, specialty gifts, exclusive clothing, and other curated selections representative of unique boutique-style offerings. Concepts should emphasize high-quality, distinctive products that appeal to quality-conscious travelers seeking memorable, specialty items. This location is not designated for News, Gift, and Convenience store offerings, and proposals featuring items commonly associated with that category—such as snacks, beverages, newspapers, or travel essentials—will not be considered for this location.
Respondents are expected to be familiar with the current retail offerings in the surrounding areas in Terminal 3 and propose a concept that complements and enhances the overall Terminal 3 Retail program. For more information on the current Retail offerings, visit: https://www.skyharbor.com/ShopsFoodServices/Shops. To see the locations of all Retail offerings at PHX, visit: https://maps.skyharbor.aero/.
Portable Interim Concession Unit: During construction of the Specialty Retail Boutique-Style Store, the Successful Respondent may operate a portable interim concession unit to sell appropriate merchandise related to the proposed concept. The location for the portable interim concession unit can be found in Attachment O. Plans for the portable interim concession unit, including design, location, days and hours of operation, and the merchandise list must be approved in writing, in advance, by Aviation. The portable interim concession unit will be excluded from the initial capital investment requirement defined in Section 2.13 (D). Any changes to the portable interim concession unit, its location or offerings must also be approved. Aviation reserves the right to modify or inspect the portable interim concession unit and the associated plans or operations upon providing written notice.
2.5. Expectations
Alcoholic beverages may be sold for consumption off-airport as long as such beverages are factory sealed or otherwise equipped with a tamper-evident seal at the time of purchase. If bottled alcoholic beverages are sold to customers for off-airport consumption, then the Successful Respondent must offer shipping services at a reasonable cost. The sale and shipment of all liquor must comply with the appropriate liquor laws and ordinances of the City of Phoenix and State of Arizona and the liquor laws of the state that the shipments are made to.
Successful Respondents are encouraged to provide environmentally friendly packaging that is easy to dispose of and can be easily carried on board flights.
Successful Respondents must keep up with retail trends and change merchandise offerings to reflect customer needs and preferences. All changes to merchandise items and prices must have the prior written approval of the Aviation Director.
Designs shall be accessible to persons with disabilities and comply with the ADA Accessibility Guidelines (ADAAG). Successful Respondents shall keep their facilities and services compliant with the ADA to ensure that all passengers may enjoy the facilities and services offered.
2.6. Concessionaire Standards and Operations
The Successful Respondents will conduct operations in a professional, business-like manner so as not to disturb or be offensive to other tenants or patrons. The Successful Respondents will not provide or sell any additional services unless approved in writing by the Aviation Director. The Successful Respondents will comply with the Concession Operating and Service Standards (Attachment P). The Successful Respondents 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 maintain excellent customer service and professionalism when encountering periods of high demand and customers who are confused, flustered, or in a hurry due to the airport environment.
The Successful Respondents will accept and provide the same promotions, discounts and loyalty programs, and the same sales and acceptance of gift cards and frequent buyer cards offered in the Successful Respondent’s concept street location(s) at its concept airport location, if applicable.
Airport-wide Customer Experience Programs: The City may develop and implement airport-wide customer experience programs 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, would be required to cooperate and participate in the implementation of any airport-wide customer experience programs. The City would provide the Successful Respondent prior written notice of anticipated program commencement date(s).
Annual PHX Airport Customer Appreciation Day: The City may establish an annual PHX Airport Customer Appreciation Day. The Successful Respondents will be required to participate by, at a minimum, offering the traveling public a discount of ten percent (10%) on specific retail purchases on the designated day, excluding books and magazines, and if applicable, certain specialty retail items to the extent prohibited under the terms of applicable license agreements and/or brand standards. The Successful Respondent is encouraged to develop additional promotions to celebrate on the designated appreciation day.
Hours of Operation: Both retail concepts are required to maintain the established hours of operation as set by the Aviation Department and operate seven days a week, 365 days per year. The core hours of operation for each concept space will be:
Package 1 - News, Gift, and Convenience Store: 5:00 a.m. to 11:30 p.m. or last flight departure on the concourse.
Package 2 - Specialty Retail Boutique-Style Store: 6:00 a.m. to 9:00 p.m.
These core hours are subject to change based on airline flight schedules and passenger demand. The Aviation Department reserves the right to modify operating hours at its sole discretion. Flight operations are frequently affected by weather and other conditions, resulting in unscheduled delays. All concession operations must remain flexible and able to extend operating hours quickly to provide services during these periods, with appropriate staffing levels maintained throughout any extended hours.
2.7. Technology Innovations
The City expects the Successful Respondents to implement innovative technologies that enhance the customer experience and operational efficiency of the units, 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.
The Successful Respondents must obtain prior written approval from the Aviation Department before entering into a contract with a third-party delivery service that will allow the traveling public in Terminal 3 to order through the use of mobile applications, online platforms, or other digital ordering systems, retail merchandise from the concession location in Terminal 3. 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.
The Successful Respondents are expected to implement at a minimum one (1) proven technology innovation that is currently operational in an airport, transit, or other high-volume retail environments to enhance the customer experience over the duration 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 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 and Resiliency Management Plan (SRMP) 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 food and beverage 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 Design Criteria: During the Tenant Improvement process, the following submittals will be submitted to Aviation for approval:
Energy needs and illumination calculations for the proposed improvements.
Water needs and water conservation methods/efforts with proposed improvements.
A narrative regarding how the tenant design will promote sustainability.
Description of the use of sustainable material and design within the concession.
Tenant Operations: The Successful Respondent will designate a local staff person to serve as the sustainability liaison and point of contact for Aviation’s Sustainability team or designee. The sustainability liaison would oversee staff training on the tenant’s sustainability commitments for the Airport as outlined in the Sustainability Program. Additionally, the Successful Respondent will agree 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 Concessions Marketing Program
Each Successful Respondent will contribute annually a quarter of one percent (0.25%) of gross sales revenues from its concession location in the N2 Concourse of Terminal 3 to the Airport Concessions Marketing Program. Please reference the draft leases in Attachment A and Attachment B for additional details.
The Successful Respondent will participate in and support the Airport Concessions Marketing Program (Marketing Program), which is designed to promote awareness of diverse concession offerings to travelers, increase concession sales, and increase revenue to the Airport while enhancing the overall passenger experience. The Marketing Program will be used for marketing, advertising, branding campaigns, public relations, social media engagement, promotional and special events, grand opening celebrations, media productions and placements, customer service training, mystery shopper programs, and concession customer satisfaction surveys. The Aviation Department will manage and administer the Marketing Program, and the Successful Respondent agrees to cooperate in good faith to ensure its success.
2.10. Airport Badged Employee Discount
The Successful Respondent will offer a minimum of ten percent (10%) discount on all merchandise purchases, excluding books and magazines, and if applicable certain specialty retail items or brands, to employees who present a valid Airport identification badge and employees of airlines operating at the Airport who have been issued an appropriate identification badge. The discount shall be based on Successful Respondent's normal non-sale or non-promotional prices.
2.11. Sales Reporting
The Successful Respondent will submit monthly reports to Aviation. Monthly 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. Weekly reports will be due every Wednesday for the prior week’s sales.
Sales and Transactional Activities Reports: Successful Respondent shall report concession sales and transaction data via an automated process utilizing the Airport-provided API (Application Program Interface) standard. Successful Respondent shall provide near real-time, daily, weekly, and monthly reporting of concession gross sales and gross transactional activities data for each of its concession location in Terminal 3 N2 Concourse 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 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
The Successful Respondent will pay percentage rent of annual Gross Sales generated from the retail concessions operations, including its permanent concession location and its portable interim concession unit as rent. Percentage Rent rates will be calculated according to the schedule below. Percentage Rent rates are non-negotiable. Rent shall mean and include Percentage Rent, Base Rent, or any alternative rental adjustment described in this section.
Package 1: Terminal 3 North 2 Concourse (N2-R1) News, Gift, and Convenience Store
For post-security News, Gift, and Convenience concession location operating the core hours of operation, Rent shall be:
Fifteen percent (15%) on all merchandise categories, including alcoholic beverages sold for consumption off-Airport, pre-packaged sandwiches, salads, healthy snacks, and bottled or canned beverages.
For News, Gift, and Convenience concession location operating 24-hours with staffed personnel (subject to prior written approval by the City), Rent shall be:
Non-Small Business: Thirteen percent (13%) on all merchandise categories including alcoholic beverages sold for consumption off-Airport, pre-packaged sandwiches, salads, healthy snacks, and bottled or canned beverages.
Small Business: Twelve percent (12%) on all merchandise categories including alcoholic beverages sold for consumption off-Airport, pre-packaged sandwiches, salads, healthy snacks, and bottled or canned beverages.
Package 2: Terminal 3 North 2 Concourse (N2-R2) Specialty Retail Boutique-Style Store
For post-security Specialty Retail concession location operating the core hours of operation, Rent shall be:
Thirteen percent (13%) on all merchandise categories.
Rent Reduction Incentive for On-Time Opening: If the Successful Respondent has completed its leasehold improvements AND has commenced retail operations to the public in its permanent concession location prior to or by the end of the Initial Term, Rent due and payable by the Successful Respondent for the first ninety (90) calendar days immediately following will be reduced to fifty percent (50%) (On-Time Incentive) of its Percentage Rent rates.
Rent Adjustment Due to Opening Delay in Permanent Concession Operations: If the Successful Respondent has not completed its leasehold improvements AND has not commenced retail operations to the public in its permanent concession location prior to or by the end of the Initial Term, then in addition to (and not in lieu of) any other rights or remedies the City may have, Successful Respondent shall pay a monthly Base Rent for its permanent concession location. This monthly Base Rent will be set based on the square footage of the concession location Premises multiplied by the then Airport Terminal Rental Rate authorized by Phoenix City Code, subject to annual adjustments, plus a three percent (3%) premium. This Base Rent will be due and payable until the Successful Respondent has completed its leasehold improvements and has commenced retail operations to the public in its permanent concession location. Successful Respondent shall also continue to operate and pay Percentage Rents for the Portable Interim Concession location.
2.13. "As Is" Condition and Capital Investments
The concession space will be available to the Successful Respondents in an “as is” condition. All capital investments must be provided by the Successful Respondent in compliance with the Proposed Capital Investment (Attachment Q). Respondents are responsible for proposing designs and operations in compliance with all requirements in the draft Leases (Attachment A and Attachment B) and the Tenant Design Criteria (Attachment R, Attachment S, and Attachment T). Respondents are encouraged to be creative and innovative in their design, emphasizing modern urban concepts and themes, and incorporating technology and digital innovations into these concepts with consideration given to the City’s desired outcomes identified in Section 1.3.
The Successful Respondent shall, in the design and construction of the improvements to the spaces, comply with all applicable provisions of the ADA, 42 U.S.C. § 12101 et al., the ADA Accessibility Guidelines (ADAAG), and implement regulations as imposed upon the owner and operator of public facilities. Design and construction plans and tenant improvement shall be reviewed by Aviation’s Design and Construction Services Division (DCS) and Aviation’s ADA/Title VI Program Manager. Facilities may also be inspected for ongoing physical and programmatic accessibility.
Architectural and engineering fees are excluded from the calculation of initial and midterm capital investments for the concession space. The concession space must be maintained in “opening day” condition throughout the term of the Lease.
Initial Capital Investment: All capital investments will be evaluated according to the value and appropriateness of improvements considering the concepts described in this RCS. The Successful Respondent will be required to spend a minimum amount of $450.00 USD per square foot for leasehold improvements and trade fixtures for the permanent retail concept. In the event the Successful Respondent does not spend the total capital investment proposed for the permanent retail concepts, the unspent balance must be remitted to the City no later than four (4) months after commencement of the Primary Term of the Lease.
Midterm Capital Refurbishment Investment: The Successful Respondent will be required to spend a minimum average of $125.00 USD per square foot as a midterm capital investment (Midterm Refurbishment) to upgrade leasehold improvements to maintain the first-class T3N2 retail program. The Successful Respondent must complete the Midterm Refurbishment by the beginning of the eighth (8th) year of the Primary Term of the Lease. The midterm capital investment is not intended for general maintenance and should be used to refurbish areas of the concession location Premises visible to customers. If the Successful Respondent does not spend the total midterm capital investment proposed for the concession space, the unspent balance must be remitted to the City within four (4) months after completion of the midterm capital investment. See Attachment A and Attachment B.
2.14. Storage Space and Additional Support Space
The amount of space allocated to each retail concept space will be the amount leased to the Successful Respondent. If the Respondent believes it needs less space to maximize gross sales and rent revenues, then the Successful Respondent will be allowed to designate a portion of the concept space for storage, office, or other purposes not directly related to the display and sale of goods to customers. However, the space allocated to storage, office, or other purposes will not be more than ten percent (10%) of the total square footage of each retail concession concept space. The space allocated to storage, office, or other purposes will be required to be improved. The improvements must comply with all applicable codes, ordinances, rules, regulations, and life safety requirements.
Designated airport storage space will be made available to the Successful Respondent solely for concession operational storage space and will be charged at the Airport Terminal rental rate in effect at the time of leasing. See Attachment U. Through June 30, 2026, the Terminal Rental Rate is $197.88. An addendum will be issued after July 1 with the new Airport Terminal Rental Rate effective July 1, 2026, and is subject to annual adjustments in July. If the Successful Respondent chooses not to utilize the designated airport storage space, the Airport will not hold the space. The Successful Respondent may need to secure off-airport storage, office, and distribution space to support their Airport operations.
If available, the Successful Respondent may lease additional support space (Additional Support Space) in Terminal 3, meaning terminal space separate from allocated concession operational storage space, used exclusively by the Successful Respondent for non-public purposes, including but not limited to storage, administrative office or employee breakroom. The Additional Support Space will be charged at the Airport Terminal rental rate in effect at the time of leasing.
2.15. Customer Data and Security
The Successful Respondents 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 Respondents have 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 Merchandise Plan for the Concession Space
Responses will be evaluated on the proposed concept, merchandise plan, price points, and methods to monitor and implement retail trends for the concession space. The merchandise plan should demonstrate quality, variety, and unique product mixes that appeal to a broad range of travelers. Responses shall convey how the concept and merchandise best complement the surrounding concepts in the area and the overall Airport retail concession program. Concepts should resonate with passengers and create a satisfying retail experience.
Respondents will also be evaluated on the plan to provide a portable interim concession unit during construction of the concession space (if applicable). For Package 1 – News, Gift, and Convenience Store, responses will be evaluated on the plan for providing vending machines, including merchandise and price points.
Scoring Method:
Points Based
Weight (Points):
350 (35% of Total)
2. Design and Quality of Tenant Improvements for the Concession Space
Responses will be evaluated on the amount of Capital Investment intended for tenant improvements. The proposed concept design will be evaluated for: creativity and innovation for interior and exterior design; efficiency of the interior layout plan (i.e., point of sale stations, customer circulation, queuing, use of technology, back of house storage, etc.); and overall quality of construction materials for flooring, wall coverings, fixtures, display units, signage, etc. Tenant improvements shall also demonstrate compliance with tenant design criteria and include a clear and feasible construction schedule.
Respondents will also be evaluated on the design and layout of a portable interim concession unit during construction of the concession space (if applicable). For Package 1 – News, Gift, and Convenience Store, responses will also be evaluated on the proposed vending machine plan, including the type and setup of the proposed vending machines.
Scoring Method:
Points Based
Weight (Points):
300 (30% of Total)
3. Management, Marketing, Operations, and Technology Plans
Responses will be evaluated on the Respondent’s management plan that contains the following: a staffing plan for the concession space including who will work in the units, their qualifications and experience, approach to maintain high standards of conduct for staff 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 and manage customer complaints and emergency situations; approach to incentive programs for staff retention and recruitment; workplace quality to include employee wages, health insurance benefits and affordability, working conditions and workplace safety, personal protective equipment (PPE) availability, and additional benefits or compensation; communication methods to notify employees of employment-related regulations, including the Equal Pay Act, and monitoring practices to ensure compliance.
Responses will also be evaluated on the quality of the Marketing plan of the Respondent, specifically how the Respondent Intends to promote the retail 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 how the use of technology improves the customer’s buying experience, such as contactless payment systems, 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 and merchandise to the concession space during normal business hours and emergency situations. In addition, if the Respondent is proposing a concept that is licensed, the Operations plan should clearly define the licensor’s involvement including roles and responsibilities.
Responses will also be evaluated on the Respondent’s facility maintenance plan as part of the Operations plan. The facilities maintenance plan includes 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 and high touch point areas.
For Package 1 – News, Gift, and Convenience Store, respondents will also be evaluated on the plan for operating the required vending machines, including keeping vending machines stocked, performing routine and emergency maintenance, and addressing customer complaints.
Scoring Method:
Points Based
Weight (Points):
200 (20% of Total)
4. Experience and Qualification of Respondent and Partners (if any)
Responses will be evaluated on the experience and qualifications of the Respondent’s organization, partners, and subtenants. Responses should include the number of years and types of experience in the relevant proposed retail concession category, including experience in operating in airports, non-airport venues, and with similar concepts, and operating multiple concession spaces simultaneously, and experience with the proposed concept.
Responses shall also discuss the number of years of experience operating and managing a variety of concepts and subtenants, along with the sales performance of retail concept concession spaces operated by the Respondent and all Partners. Responses will be evaluated on the Respondent’s plan to encourage and bring in new business participation to the Airport.
Scoring Method:
Points Based
Weight (Points):
100 (10% of Total)
5. Proposed Business Plan
Responses will be evaluated on the Business Plan that provides projected annual and aggregate gross sales and rent revenues for each retail concession space during the lease term. The Business plan shall also include the projected cash flow from concession space operations to cover the proposed Capital Investment during the lease term. The Business plan will also be evaluated on the assumptions in support of the gross sales and Pro Forma financial projections for each retail concession space, and the Respondent’s demonstrated financial capability to fund the proposed Capital Investment.
Scoring Method:
Points Based
Weight (Points):
50 (5% 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. 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/165230. 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 L). A scanned copy should also be uploaded in the Vendor Questionnaire.
Response Guarantee: In a separate sealed envelope marked “Response Guarantee”, include the following Response Guarantee check. A scanned copy should also be uploaded in the Vendor Questionnaire.
For Package 1 – News, Gift, and Convenience Store, a ten-thousand-dollar ($10,000.00 USD) Response Guarantee check.
For Package 2 – Specialty Retail Boutique-Style Store, a ten-thousand-dollar ($10,000.00 USD) Response Guarantee check.
Respondent Package Preference (Attachment E).
Conflict of Interest and Solicitation Transparency Disclosure Form (Attachment V).
Letter of Declaration (Attachment K).
Respondent References (Attachment W)
Phoenix City Code Sections 18-413, 414, and 415 Compliance (Heat Safety Compliance) (Attachment X)
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 in the amounts defined in Section 1.12 (B).
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 Attachment Y. 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 marked “Small Business Outreach Requirements”, provide the small business outreach requirements, including the following:
The completed Statement of Outreach Commitment Form (Form EO1-200 - Attachment G).
The completed Small Business Outreach Efforts and Participants List Form (Form EO2-200 - Attachment H).
All supporting documentation required in Form EO2-200.
The completed Small Business Utilization Commitment Form (Form EO3-200 - Attachment I).
One (1) electronic copy (USB drive) of all the Small Business Outreach Requirements completed forms and supporting documentation.
Sustainability Program: In a separate file marked "Sustainability Program", the Sustainability Program requirements include the information listed below. Please see Section 1.6 for more detail on the Sustainability Program Minimum Qualification and Section 2.8 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, Notarized Affidavit, and Small Business Outreach Requirements 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.
Respondents 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 subtenants/sublessees, if any.
Concept and names of the firm(s) that will be operating the proposed concept.
Table of Contents for entire Response with page numbers included.
TAB 2 – PROPOSED CONCEPT AND MERCHANDISE PLAN FOR THE CONCESSION SPACE
Respondents should provide a narrative regarding the proposed concept and merchandise plan for the concession space that demonstrates quality, variety, and uniqueness. Responses shall convey the best fit for the surrounding area. Include the following in Tab 2 of the Response:
Retail Concept Description (Attachment Z).
National name brands or local and regional concept and local operator participation (if any).
Copy of license/franchise sublease(s) and/or letter(s) of intent from concept owner(s) to issue a license to Respondents or subtenant, if applicable.
Sample merchandise list and the range of prices.
Description of why the concept was chosen for the Airport’s T3N2 Concourse.
Description of any unique attributes of the concept.
Methods used to monitor and implement current trends.
Required for Package 1 – News, Gift, and Convenience Store:
Respondents must provide a plan for temporary service during the period of construction and include a narrative on how the concept of the portable interim concession unit reflects and showcases the permanent concept. Response must also provide hours of operation and a merchandise list with range of prices.
Respondents must address vending offerings, providing a product list including brand name, product size, and product pricing.
Optional for Package 2 – Specialty Retail Boutique-Style Store: if proposing a portable interim concession unit, respondents should include a narrative on how the concept of the portable interim concession unit reflects and showcases the permanent concept. Response should also provide hours of operation and a merchandise list with range of prices. A portable interim concession unit is not required for Package 2 – Specialty Retail Boutique-Style Store.
TAB 3 – DESIGN AND QUALITY OF TENANT IMPROVEMENTS FOR THE CONCESSION SPACE
Respondents should provide a narrative regarding the creativity and innovation for interior and exterior designs, efficiency of the interior layout plan, and overall quality of construction materials. The narrative should also include how tenant improvements will demonstrate compliance with the Tenant Design Criteria (Attachment R, Attachment S, and Attachment T) and provide a clear and feasible construction schedule. Include the following in Tab 3 of the Response:
Proposed Capital Investment for the Concession Space (Attachment Q).
Architectural Renderings must be compatible with Tenant Design Criteria (Attachment R, Attachment S, and Attachment T). The design should be appropriate to the concept. The following three renderings for the Concession Space will be required with the Response:
Exterior – overall design to include color scheme, signage and graphics, lighting, etc.
Interior – overall design to include color scheme, materials, lighting, displays, etc.
Layout of interior – merchandise displays, POS customer queuing, customer circulation, changing room(s), use of technology, storage areas, grab-and-go counters (if applicable), fixtures, etc.
Digital Material Board – the Respondent must provide a digital material board with pictures of proposed materials, including the floor and wall coverings, ceiling treatments, service counters and display and lighting fixtures, and all proposed interior and exterior signage. Respondent must also provide the manufacturer information and specifications of proposed materials. The City reserves the right to require a physical material board and/or 3D renderings of the proposed space be submitted by the Successful Respondent upon written request if it is determined necessary.
Construction Phasing Plan with a detailed approach to phasing the construction of the concession space and meeting the opening date.
Required for Package 1 – News, Gift, and Convenience Store:
Address proposed vending machines, including the proposed vending concessions units, vending unit “wraps” that will cover the exterior, and ADA compliance of proposed vending machines.
Respondents must provide information on the plan for a portable interim concession unit, including the fabrication and implementation timeframe. Include information on the type of portable interim concession unit, including the electrical, utility, and wireless connectivity needs, as well as the layout of the portable interim concession unit, including dimensions and queueing.
Optional for Package 2 – Specialty Retail Boutique-Style Store: If proposing a portable interim concession unit, respondents should provide information on the plan for a portable interim concession unit, including the fabrication and implementation timeframe. Include information on the type of portable interim concession unit, including the electrical, utility, and wireless connectivity needs, as well as the layout of the portable interim concession unit, including dimensions and queueing. A portable interim concession unit is not required for Package 2 – Specialty Retail Boutique-Style Store.
TAB 4 – MANAGEMENT, MARKETING, OPERATIONS, AND TECHNOLOGY PLANS
Respondents should provide a narrative regarding the approach to the management, marketing, technology, and operations plan; how to manage the day-to-day operations for the concession concept, and the methodology to recruit and retain quality employees. The narrative should also address the compensation and benefits package for various positions. Include the following in Tab 4 of the Response:
Staffing plan 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 AA).
Subtenant’s, if any, on-site managers.
Management Plan
Recruiting and training programs for employees, leadership and career advancement opportunities, employee incentives, recognition, and motivation programs.
Approach to maintaining high standards of professional conduct and appearance from staff, including any uniforms.
Policy for handling customer complaints and emergency situations.
Description of customer dispute resolution program.
Customer service program and methods to continuously monitor customer service, i.e., mystery shoppers, comment cards, and social media.
Description of the Respondent’s plan to provide services to passengers with disabilities.
Description on how the Respondent will maintain accessible facilities and services for customers with disabilities.
Quality Workplace Description: employee wages (include narrative on how fair wages are derived), health insurance benefits/affordability (include a narrative describing coverage, total insurance cost, percentage of cost paid by employee, and percentage of cost paid by employer), working conditions/workplace safety (including employee breaks and access to safety supplies and PPE), and other benefits or compensation (including planned wage increases and paid leave).
Proposed communication to employees about the Equal Pay Act and methods to monitor compliance with the Act.
Marketing Plan
Use of Respondent's social media to promote the concept.
Promotions and discounts attributed to customer loyalty programs, employees, military, etc. (include sample materials) to encourage purchases and increase sales. Advertising and implementation plan for promotions and discounts.
Technology Plan
How technology will be utilized to improve customer service.
Provide a detailed example of where the Respondent has successfully implemented one technology innovation to enhance the customer experience at another airport. Provide the name of the airport, description of the technology implemented, and date of implementation.
How the Respondent will efficiently and effectively expedite the in-store checkout process by using the latest technology (including touchless) and accommodating various payment methods and options.
Operations Plan
Proposed product and merchandise delivery plan to Terminal 3 and to the Concession Space during normal operations and during emergency situations.
Facility maintenance plan which includes normal repairs and maintenance of the Concession Space, 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.
For any local/regional concept proposed, whether through a subcontract, joint venture or license agreement, define the local/regional operator’s level of involvement in the concept and the standards established to ensure the concept will be operated in the same manner as the street location(s), if applicable.
For Package 1 – News, Gift, and Convenience Store: provide the approach to managing vending machines, including the plans for keeping machines stocked, performing both routine and emergency maintenance, and addressing any customer issues regarding vending machines.
TAB 5 – EXPERIENCE AND QUALIFICATION OF RESPONDENT AND PARTNERS (IF ANY)
Respondents should provide a narrative regarding the Respondent’s experience and qualifications for its organizations, partners (if any), and subtenants. Include the following in Tab 5 of the Response:
Describe the experience and qualifications of the Respondent's organization, partners (if any), and subtenants. Address experience in the relevant concession category in both airports and non-airport venues.
Respondent’s Qualifications and Experience (Attachment BB).
Contact information for locations provided in Attachment BB (Attachment CC).
Provide an overview of the experience of Respondent and its partners (if any) with operating similar concepts and operating multiple concessions simultaneously. Discuss the number of years and experience operating and managing a variety of concepts and subtenants and the sales performance of concession spaces operated by the Respondent and all Partners.
Respondent’s Experience Managing and Operating a Variety of Concepts (Attachment DD).
Discuss the experience of the Respondent, its partners (if any), and subtenants with the proposed concept.
Experience of Respondent and Respondent’s Partners (if any) with proposed concept (including Subtenant and JV Partners) (Attachment EE).
TAB 6 – PROPOSED BUSINESS PLAN
Respondents should provide a narrative regarding the business plan. Include the following in Tab 6 of the Response:
Discuss the Respondent’s approach to development of its business plan, including projected annual and aggregate gross sales and rent revenues for each proposed retail concession space.
Pro Forma Financial Statements for each lease year for each proposed retail concession space (Attachment FF).
Assumptions that support annual Gross Sales and Pro Forma Financial Projections (Attachment GG).
Provide an overview of the projected cash flow from operations to cover the proposed Capital Investment during the Lease term.
Documentation of Respondent’s and Respondent’s subtenant and/or joint venture partners’, if any, financial capability to fund internally and/or finance proposed Capital Investment such as audited 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 seventy-five (75) pages single-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 will not be counted towards the seventy-five (75) pages single-sided page limit. Any additional pages that exceed the page limitation will be removed from 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. 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.
4.6. 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.
4.7. 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/165230 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.
4.8. 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.
4.9. Obtaining a Copy of the Solicitation and Addenda
Interested Offerors may download the complete solicitation and addenda from the City’s Procurement Portal: https://procurement.opengov.com/portal/phoenix/projects/165230. 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 City’s Procurement Portal, read the entire solicitation, and verify all required information is submitted with their Offer.
4.10. 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.
4.11. Small Business Outreach Pre-Award Submittal Requirements
The Small Business Outreach forms, EO1-200 - Statement of Outreach Commitment, EO2-200 - Small Business Outreach Efforts and Participants List, and EO3-200 - Small Business Utilization Commitment, marked in Attachment G, Attachment H, and Attachment I, 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 City 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 4.2 – 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-Offer 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/content/dam/phoenix/waterservicessite/documents/Affidavit_of_Lawful_Presence_FillableRev2025_0430.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 Procurement Portal 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 (Acts), 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, 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 C.F.R. 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 Respondent’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, national origin.
Information and Reports: The Successful Respondent will provide all information and reports required by the Acts, the related 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 a Successful Respondent is determined to be in 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:
Applying administrative actions 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.
The Successful Respondent will include provisions of paragraphs A through E 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. Non-Discrimination/Equal Opportunity for Successful Respondent
In administering its ACDBE-N 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-N program.
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-N program.
6.13. Civil Rights Assurances
As a recipient of USDOT funding, the City has agreed to abide by the assurances found in 49 C.F.R. Part 23. Each Lease signed by the City and the Lessee, and each subcontract signed by the Lessee and any sublessees, must include the following assurances verbatim:
“The concessionaire or contractor, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(a) Withholding monthly progress payments;
(b) Assessing sanctions;
(c) Liquidated damages; and/or
(d) Disqualifying the contractor from future bidding as non-responsible.
The concessionaire or contractor agrees to include the above statements in any subsequent agreement or contract covered by 49 CFR, Part 26, that it enters and cause those businesses to similarly include the statement in further agreements.”
Note: For purposes of the required lease and sublease language above, the Recipient is the City and the Lessee is the Concessionaire or Contractor.
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 (42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies the Successful Respondent that it will affirmatively ensure that for any contract entered into pursuant to this lease, all businesses will be afforded full and fair opportunity to submit bids in response to any invitation and no businesses will be discriminated against on the grounds of race, color, national origin, 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 Contracts (Revised 04/29/2026), including its provisions requiring the mitigation of heat-related illnesses and injuries. Respondents will sign and return to the City Attachment X acknowledging and confirming the Respondent’s ability to comply with Phoenix City Code Sections 18-413, 414, and 415.
Comply with Attachment II – Compliance with Environmental Laws (Revised July 9, 2025).
7. Vendor Questionnaire
1. Package 1 - News, Gift, and Convenience Store*
Is the Respondent submitting a Response for Package 1 - News, Gift, and Convenience Store? Please select "Yes" or "No".
If "Yes", the Respondent must provide an answer to all subsequent questions. See Sections 4.2 and 4.3 of the RCS for further details regarding what is required in a Respondent's Response.
Yes
No
*Response required
When equals "Yes"
1.1. Package 1 - News, Gift, and Convenience Store - Notarized Affidavit*
Has the Respondent mailed the signed Notarized Affidavit (Attachment L) to the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034? Please Select "Yes" or "No".
The actual signed Notarized Affidavit (Attachment L) for Package 1 - News, Gift, and Convenience Store 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. Package 1 - News, Gift, and Convenience Store - Notarized Affidavit*
Please provide a scanned copy of the signed Notarized Affidavit (Attachment L) for Package 1 - News, Gift, and Convenience Store.
The actual signed Notarized Affidavit (Attachment L) for Package 1 - News, Gift, and Convenience Store must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
L_-_Affidavit.pdf
*Response required
When equals "Yes"
1.3. Package 1 - News, Gift, and Convenience Store - Response Guarantee*
Please confirm that Respondent has mailed the Response Guarantee, as defined in Section 1.12 (A) to the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034.
The actual Response Guarantee for Package 1 - News, Gift, and Convenience Store 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. Package 1 - News, Gift, and Convenience Store - Response Guarantee*
Please upload a scanned copy of the Response Guarantee for Package 1 - News, Gift, and Convenience Store.
The actual Response Guarantee for Package 1 - News, Gift, and Convenience Store must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
*Response required
When equals "Yes"
1.5. Package 1 - News, Gift, and Convenience Store - Letter of Declaration*
Please download the below documents, complete, and upload.
K_-_Letter_of_Declaration_(Equal_Pay).pdf
*Response required
When equals "Yes"
1.6. Package 1 - News, Gift, and Convenience Store - Respondent Package Preference
Please download the below documents, complete, and upload.
E_-_Respondent_Package_Preference.pdf
When equals "Yes"
1.7. Package 1 - News, Gift, and Convenience Store - Conflict of Interest and Solicitation Transparency Form*
Please download the below documents, complete, and upload.
V_-_Conflict_of_Interest_and_Solicitation_Transparency_Disclosure.pdf
*Response required
When equals "Yes"
1.8. Package 1 - News, Gift, and Convenience Store - Respondent References*
Please download the below documents, complete, and upload.
W_-_Respondent_References.pdf
*Response required
When equals "Yes"
1.9. Package 1 - News, Gift, and Convenience Store - Phoenix City Code Sections 18-413, 414, and 415 (Heat Safety Compliance)*
Please download the below documents, complete, and upload.
X_-_Phoenix_City_Code_Sections_18-413,_414,_and_415_Compliance_-_Heat_Safety_Compliance.pdf
*Response required
When equals "Yes"
1.10. Package 1 - News, Gift, and Convenience Store - Bank's Letter of Commitment*
Please upload a letter from 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 1.12 (B).
*Response required
When equals "Yes"
1.11. Package 1 - News, Gift, and Convenience Store - 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"
1.12. Package 1 - News, Gift, and Convenience Store - 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 actual Small Business Outreach Requirements 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 G).
The completed Small Business Outreach Efforts and Participants List Form (Form EO2-200 - Attachment H).
All supporting documentation required in Form EO2-200.
The completed Small Business Utilization Commitment Form (Form EO3-200 - Attachment I).
One (1) electronic copy (USB drive) of all the Small Business Outreach Requirements completed forms and supporting documentation.
Yes
No
*Response required
When equals "Yes"
1.13. Package 1 - News, Gift, and Convenience Store - Sustainability Program*
Please upload the Respondent's Sustainability Program.
*Response required
When equals "Yes"
1.14. Package 1 - News, Gift, and Convenience Store - 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"
1.15. Package 1 - News, Gift, and Convenience Store - 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
2. Package 2 - Specialty Retail Boutique-Style Store*
Is the Respondent submitting a Response for Package 2 - Specialty Retail Boutique-Style Store? Please select "Yes" or "No".
If "Yes", the Respondent must provide an answer to all subsequent questions. See Sections 4.2 and 4.3 of the RCS for further details regarding what is required in a Respondent's Response.
Yes
No
*Response required
When equals "Yes"
2.1. Package 2 - Specialty Retail Boutique-Style Store - Notarized Affidavit*
Has the Respondent mailed the signed Notarized Affidavit (Attachment L) to the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034? Please Select "Yes" or "No".
The actual signed Notarized Affidavit (Attachment L) for Package 2 - Specialty Retail Boutique-Style Store must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
Yes
No
*Response required
When equals "Yes"
2.2. Package 2 - Specialty Retail Boutique-Style Store - Notarized Affidavit*
Please provide a scanned copy of the signed Notarized Affidavit (Attachment L) for Package 2 - Specialty Retail Boutique-Style Store.
The actual signed Notarized Affidavit (Attachment L) for Package 2 - Specialty Retail Boutique-Style Store must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
L_-_Affidavit.pdf
*Response required
When equals "Yes"
2.3. Package 2 - Specialty Retail Boutique-Style Store - Response Guarantee*
Please confirm that Respondent has mailed the Response Guarantee, as defined in Section 1.12 (A) to the Aviation Headquarters located at 2485 East Buckeye Road, Phoenix, AZ 85034.
The actual Response Guarantee for Package 2 - Specialty Retail Boutique-Style Store must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
Yes
No
*Response required
When equals "Yes"
2.4. Package 2 - Specialty Retail Boutique-Style Store - Response Guarantee*
Please upload a scanned copy of the Response Guarantee for Package 2 - Specialty Retail Boutique-Style Store.
The actual Response Guarantee for Package 2 - Specialty Retail Boutique-Style Store must be received at the Aviation Headquarters by the Solicitation Deadline indicated in the Schedule of Events.
*Response required
When equals "Yes"
2.5. Package 2 - Specialty Retail Boutique-Style Store - Letter of Declaration*
Please download the below documents, complete, and upload.
K_-_Letter_of_Declaration_(Equal_Pay).pdf
*Response required
When equals "Yes"
2.6. Package 2 - Specialty Retail Boutique-Style Store - Respondent Package Preference
Please download the below documents, complete, and upload.
E_-_Respondent_Package_Preference.pdf
When equals "Yes"
2.7. Package 2 - Specialty Retail Boutique-Style Store - Conflict of Interest and Solicitation Transparency Form*
Please download the below documents, complete, and upload.
V_-_Conflict_of_Interest_and_Solicitation_Transparency_Disclosure.pdf
*Response required
When equals "Yes"
2.8. Package 2 - Specialty Retail Boutique-Style Store - Respondent References*
Please download the below documents, complete, and upload.
W_-_Respondent_References.pdf
*Response required
When equals "Yes"
2.9. Package 2 - Specialty Retail Boutique-Style Store - Phoenix City Code Sections 18-413, 414, and 415 (Heat Safety Compliance)*
Please download the below documents, complete, and upload.
X_-_Phoenix_City_Code_Sections_18-413,_414,_and_415_Compliance_-_Heat_Safety_Compliance.pdf
*Response required
When equals "Yes"
2.10. Package 2 - Specialty Retail Boutique-Style Store - Bank's Letter of Commitment*
Please upload a letter from 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 1.12 (B).
*Response required
When equals "Yes"
2.11. Package 2 - Specialty Retail Boutique-Style Store - 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"
2.12. Package 2 - Specialty Retail Boutique-Style Store - 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 actual Small Business Outreach Requirements 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 G).
The completed Small Business Outreach Efforts and Participants List Form (Form EO2-200 - Attachment H).
All supporting documentation required in Form EO2-200.
The completed Small Business Utilization Commitment Form (Form EO3-200 - Attachment I).
One (1) electronic copy (USB drive) of all the Small Business Outreach Requirements completed forms and supporting documentation.
Yes
No
*Response required
When equals "Yes"
2.13. Package 2 - Specialty Retail Boutique-Style Store - Sustainability Program*
Please upload the Respondent's Sustainability Program.
*Response required
When equals "Yes"
2.14. Package 2 - Specialty Retail Boutique-Style Store - 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"
2.15. Package 2 - Specialty Retail Boutique-Style Store - Offer*
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 - A - Draft Lease - Package 1
B - B - Draft Lease - Package 2
C - C - Premises - Package 1
D - D - Premises - Package 2
E - E - Respondent Package Preference
F - F - ACDBE-N Concession RCS Clause - Pre-Award (Rev. 7.23.26)
G - G - EO1-200 - Statement of Outreach Commitment
H - H - EO2-200 - Small Business Outreach and Participants List
I - I - EO3-200 - Small Business Utilization Commitment
J - J - ACDBE-N Concession Lease Clause - Post-Award
K - K - Letter of Declaration (Equal Pay)
L - L - Affidavit
M - M - Letter of Credit Form
N - N - Cash Deposit for Performance Guarantee
O - O - Portable Interim Concession Unit Locations
P - P - Concessions Operating and Service Standards
Q - Q - Proposed Capital Investment
R - R - Tenant Design Criteria
S - S - Tenant Design Criteria - Lease Outline Drawings
T - T - Tenant Design Criteria - Exhibits
U - U - Storage Space
V - V - Conflict of Interest and Solicitation Transparency Disclosure
W - W - Respondent References
X - X - Phoenix City Code Sections 18-413, 414, and 415 Compliance - Heat Safety Compliance
Y - Y - Insurance Requirements
Z - Z - Retail Concept Description
AA - AA - Qualifications and Experience of Respondent's On-Site Manager
BB - BB - Respondent's Qualifications and Experience
CC - CC - Contact Information for Locations Provided in BB
DD - DD - Respondent's Experience Managing and Operating a Variety of Concepts
EE - EE - Experience of Respondent and Respondent's Subtenant and, or JV Partner with Proposed Co...
FF - FF - Pro Forma Financial Statements
GG - GG - Assumptions
HH - HH - Supplement Terms and Conditions to All Airport Contracts Revised 042926
II - II - Compliance with Environmental Laws Revised July 9, 2025
