Questions and Answers to Project Documents — Business Opportunities
PROJECT:  West Expansion Travel Convenience
NUMBER:  201951173-00

Current as of:  1/18/2020
 
Question Number  1:   Page 55 of the retail pdf, Section III-2 B: Proposals shall be printable on 8 ½” x 11” paper. Can renderings and floor plans be provided on 11” x 17” format?
    Answer:   "No, all components of the proposal must be printable on 8 1/2"" x 11"" paper. Corrected Answer: See Addenda #1. DEN will allow the floorplan to be printable on 11"" x 17"" paper. All other pages must be printable on 8 1/2"" x 11"" paper."
Question Number  2:   Page 57 of the retail pdf, Section 3: Concept Description, Menu/Product, and Pricing has a maximum of 10 pages allocated. Considering the font restriction of 12 pt Times New Roman and the number of concepts per package, would the airport consider allowing 8 pages per concept for retail proposals?
    Answer:   Maximum page counts provided are for the entire proposal. Proposers must not exceed the maximum page counts.
Question Number  3:   The design section of the proposal has a page limit of 5. Would the airport consider allowing 5 pages per concept? This would allow for 1 finishes page, 1 floor plan, 2 renderings, and 1 page allocated to the required narrative information for each concept. Considering that there are 2-3 concepts per package, this would allow for each concept’s design to be represented.
    Answer:   Maximum page counts provided are for the entire proposal. Proposers must not exceed the maximum page counts.
Question Number  4:   I was inquiring as to whether I could partner with an existing store in the Denver airport to sell my product there without participating in the concession RFP process? In other words, is the concession RFP process only required if I want to open my own store in the airport? Your FAQ says, in order to have my product sold by a current concessionare, I would simply contact those individuals directly? https://business.flydenver.com/bizops/documents/faqs.pdf
    Answer:   Each concessionaire determines which products to sell independently and should be contacted directly.
Question Number  5:   How would the City like the cashier’s check to be presented?  Where should it be placed in the printed binder if preferred to be included there?
    Answer:   Please provide the original copy in a sealed envelope in the front of the binder. Also provide a scanned copy in your proposal in the order of the Proposal Submittal Checklist referenced in Part A, Proposal Submittal Checklist on page 7.
Question Number  6:   Please advise if a minority partner/s  in a joint venture have  to be ACDBE certified by due date of submission of proposal?
    Answer:   You must be ACDBE certified in the State of Colorado by the proposal due date for your certification to count towards participation. If you are an out of state firm you must first be certified in your home state prior to applying for certification in CO.
Question Number  7:   Can an ACDBE certification be in process for approval  by DEN upon submission of proposal on due date?
    Answer:   No, you must be ACDBE certified in the State of Colorado by the proposal due date for your certification to count towards participation. If you are an out of state firm you must first be certified in your home state prior to applying for certification in CO.
Question Number  8:   Please confirm only prime proposers are required to sign in at the mandatory pre-proposal conference and not current or future ACDBE Joint Venture Partners that will be used to meet the required ACDBE goal?
    Answer:   At least one member of a bidding entity was required to attend and sign in at the mandatory pre-proposal conference.
Question Number  9:   On the Tenant Finish slide (Page 34) from the Pre-Proposal Conference re MWBE Requirements, please confirm if the concessionaire has 15 days from notification of successful proposer to contact DSBO to discuss project goal, or is it 15 days from contract execution?
    Answer:   The concessionaire has 15 days from notification of successful proposer to contact DSBO to discuss the project goal.  This gives the successful proposer the opportunity to develop a plan for utilization of MWBEs on the buildouts to meet the goal. 
Question Number  10:   Do the letters of intent from the MWBE/SBE forms need to be submitted with the RFP or as part of the discussion with DSBO which is due 15 days after the notification of the successful proposer?
    Answer:   Letters of Intent are not due with the RFP.  The concessionaire must contact DSBO within 15 days after notification of successful proposal to discuss a plan to attain or exceed the project goal of 25% MWBE participation.
Question Number  11:   Is it correct that a Joint Venture Agreement must be negotiated and executed, but the JV does not have to be formed at the time of the proposal?
    Answer:   The Joint Venture Agreement must be signed and effective at time of submission. The JV must be formed and registered with CO Secretary of State.
Question Number  12:   Regarding the Proposal Forms and supporting documentation: Please indicate which forms should be completed and signed by a representative of an Unformed Joint Venture (JV) and which need to be completed and signed by each member of the JV? Part 1 Proposal Acknowledgement Letter - Part 2 Proposer Information Form Part 3 Diversity and Inclusiveness Part 5 W-9 Part 10 Disclosure of Legal and Administrative Proceedings and Financial Condition 3 years of financial statements - Bank Reference Certificate of Good Standing
    Answer:   "The Proposal Forms and supporting documentation must be completed in its entirety, by the authorized representative for the JV or bidding entity. Part 1 Proposal Acknowledgement Letter - Must be filled out and signed by the authorized representative for the JV or bidding entity. Part 2 Proposer Information Form - Must be filled out and signed by the authorized representative for the JV or bidding entity. Part 3 Diversity and Inclusiveness - Must be filled out for the JV or bidding entity. Part 5 W-9 - Must be under the JV or bidding entities name. If not available then each company must provide their individual W9 form. Part 10 Disclosure of Legal and Administrative Proceedings and Financial Condition - Must be filled out and signed by the authorized representative for the JV or bidding entity. However, each company must disclose their companies individual information. Please refer to Part D RFP Details Section 1-14 C. 3 years of financial statements - Must be provided for the JV or bidding entity. However, each company must provide their individual financial statements. Bank Reference - Must be provided from each partner that forms the JV. The bank reference letter needs to account for the amount each partner or bidding entity for ownership portion. Certificate of Good Standing - Must be in the name of the JV or bidding entity. Additionally each partner company must be registered with the CO Secretary of State and provide a certificate of good standing. "
Question Number  13:   If a proposer or a JV member is not currently doing business in the State of Colorado, is that entity required to register with the State of Colorado and /or the City of Denver to obtain a Certificate of Good Standing or “qualification to do business in Colorado” certificate before submitting the proposal?
    Answer:   You must obtain authority to transact business in Colorado by filing a Statement of Foreign Entity Authority with the Colorado Secretary of State.
Question Number  14:   Should each member of a Joint Venture provide a bank reference letter?
    Answer:   Yes, each member of the Joint Venture is required to provide a bank reference letter. The bank reference letter needs to account for the amount each partner or bidding entity for ownership portion.
Question Number  15:   Is early submittal of the Joint Venture Agreement required or suggested?
    Answer:   Yes, it is suggested that you submit your JV as early as possible for review.
Question Number  16:   Regarding Section I-12 M/WBE Participation: If the 25% M/WBE participation in construction will be met through other contractors (such as GC, Plumbing or Electrical sub-contractors, etc.) in the Design/ Construction process, is it correct that a portion of the M/WBE goal must be met through the use of M/WBE design firms?
    Answer:   Yes, a portion of the 25% MWBE  project goal must be met with certified MWBE design firms.
Question Number  17:   Is the Diversity and Inclusiveness form that is required, a Pass/ Fail based on inclusion of the form or is it evaluated for content?
    Answer:   "The Diversity and Inclusiveness form that is required, is not a Pass/ Fail form. However, proposers must complete the on-line Diversity and Inclusiveness in City Solicitations Form – then print the completed form and include the scanned copy as part of Proposer’s proposal documents and include the hard copy in the hard copy proposal. A proposal or response to a solicitation by a Proposer that does not include this completed form shall be deemed non-responsive."
Question Number  18:   Is the letter of Authorization to propose a Brand excluded from the page count?
    Answer:   Yes, the letter of Authorization to propose a Brand is excluded from the page count.
Question Number  19:   Please provide hours of operation for each location to aid proposers in both labor costs for the pro forma and for the staffing plan.
    Answer:   Required hours are stated for each opportunity in the "Key Business Terms" section of the RFP document. First/Last flight times for each concourse can be found in Part B of the RFP.
Question Number  20:   Are there specific “Street Pricing “ requirements?
    Answer:   Yes. DEN's pricing policy is street plus 10%, please see Concession Handbook for details.
Question Number  21:   Please confirm that a Certificate of Insurance or Evidence of Insurability is only required from successful proposers post-award.
    Answer:   The Certificate of Insurance or Evidence of Insurability is only required from the successful proposers post-award.
Question Number  22:   Can you provide more detail on the Flight Information Display Screens, including any specific location within the premises they need to be located and what specific flight detail would be included?
    Answer:   For the purposes of this proposal, the location of at least two screens to display FIDS information should be identified and shown on the floor plan. DEN will work with the successful bidder on specific implementation details.
Question Number  23:   Should the Percentage Fee Rate be calculated for each individual store or is it considered one contract and calculated as such?
    Answer:   The percentage fee rate should be calculated for each individual store since each location requires a separate pro forma form.
Question Number  24:   Is dripped coffee allowed as a product offering? If dripped coffee is allowed are we authorized to have an employee serving that coffee?
    Answer:   Only chilled bottled non-alcoholic beverages are allowed. No freshly prepared drinks are allowed.
Question Number  25:   On the Pro Forma provided Excel spreadsheet can you check the formatting of cell D31 to allow for numbers in excess of $999,999 or change the column width of column D to be consistent with other years.
    Answer:   Formatting has been updated, please download a new copy of the Pro Forma Excel spreadsheet.
Question Number  26:   Are there CAD plans or Revit models available for the Architects?
    Answer:   Not during this procurement process. CAD files will be made available to the successful proposer.
Question Number  27:   Does DEN consider a single page printed double-side as one (1) page?
    Answer:   Single side is equal to one page.
Question Number  28:   Please confirm that the 5-page limitation for concept Design is intended as 5 pages per concept.
    Answer:   Maximum page counts provided are for the entire proposal. Proposers must not exceed the maximum page counts.
Question Number  29:   To clearly convey concept design and intent, will DEN accept renderings (exterior and interior views), floor plans, and material boards printed on 11 x 17-inch fold-out pages?
    Answer:   See Addenda #1. DEN will allow the floorplan to be printable on 11" x 17" paper. All other pages must be printable on 8 1/2" x 11" paper.
Question Number  30:   Which airlines are envisaged to be using each of the expansion areas by concourse?
    Answer:   We do not have information on future gate assignments.
Question Number  31:   Do you anticipate any other airline changes by concourse in general?
    Answer:   We do not have information on future gate assignments.
Question Number  32:   Please confirm the latest plan within the Great Hall program: Timing: Space Utilization including sqft: Travel Essentials: Specialty Retail: Food and Beverage: Duty Free: Services
    Answer:   DEN is currently reviewing the project plan and scope and will decide the most efficient way to proceed. There is no further information available.
Question Number  33:   Does any awarded square footage previously awarded within the Great Hall, now count towards the overall contractual limitation?
    Answer:   DEN is currently reviewing the project plan and scope and will decide the most efficient way to proceed. There is no further information available.
Question Number  34:   If we are bidding on both Travel Convenience Packages, please confirm bond requirements: 1 bond at $50k versus 2 bonds at $25k, or 1 bond at $25k is sufficient?
    Answer:   Proposers can submit either 1 $50,000 bond or 2 $25,000 bonds to cover bidding on both packages.
Question Number  35:   Please confirm if the each space will require an individual pro forma submission or will the pro-forma submission be the combination of all of the spaces?
    Answer:   See Addenda #1. Please submit one pro forma form for each location.
Question Number  36:   Could the airport provide an enplanement projection, by concourse, given the additional gates?
    Answer:   Enplanements by concourse are provided within the Economic Pro Forma Excel file. Select a Concourse from the drop down menu and enplanements will fill in.
Question Number  37:   From a Terminal Development perspective, please provide the latest presentation on same?
    Answer:   It is unclear which presentation this refers to, please provide more clarity.
Question Number  38:   Will the airport consider overhead roll down or side gate enclosure system?
    Answer:   DEN will consider the use of overhead roll down grilles and side gate enclosures, and will work with the successful proposer to determine which style is most appropriate for the design and buildout of the concession location.
Question Number  39:   Are electronic CAD files available for the Retail Concession locations?
    Answer:   Not during this procurement process. CAD files will be made available to the successful proposer.
Question Number  40:   Does reference to “50% transparency” refer to glazing, open store concept or minimized walls and maximized storefront?
    Answer:   50% transparency refers to the amount of transparent vs. opaque elements that allow/impede visual sightlines beyond.
Question Number  41:   Will DEN issue updated pro forma’s stipulating the enplanements proposers need to use for their individual bids?
    Answer:   Enplanements by concourse are provided within the Economic Pro Forma Excel file. Select a Concourse from the drop down menu and enplanements will fill in.
Question Number  42:   Is grab and go or drip coffee required/allowed within the travel convenience markets?
    Answer:   Only chilled bottled non-alcoholic beverages are allowed. No freshly prepared drinks are allowed.
Question Number  43:   Legal Concerns - 1. Our bank has asked if you will accept a letter of credit in which the last paragraph would read as follows, to correct what our bank believes is a reference to an incorrect ICC publication: “THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (1998), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 AND AS TO MATTERS NOT GOVERNED BY THE REFERENCED DOCUMENTS, THIS CREDIT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO AND APPLICABLE U.S. FEDERAL LAW.”
    Answer:   Your Bank may revise the language as follows (which agrees with their change from Publication No. 600 to 590, but leaves in the reference to the “Uniform Customs and Practice for Documentary Letter of Credits (2007 Revision) and/or …”): “THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY LETTER OF CREDITS (2007 Revision) and/or THE INTERNATIONAL STANDBY PRACTICES (1998), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 AND AS TO MATTERS NOT GOVERNED BY THE REFERENCED DOCUMENTS, THIS CREDIT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO AND APPLICABLE U.S. FEDERAL LAW.”
Question Number  44:   Legal Concerns - Our bank has asked if you will accept a letter of credit in which, in the next to last paragraph, the language is changed to: "WE HEREBY ENGAGE WITH THE BENEFICIARY DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH ……."
    Answer:   No, DEN does not agree with the requested modification (i.e. adding “beneficiary” as a modifier of “drawers”).
Question Number  45:   Are there any restrictions on maximizing the opening or closing of the storefront? Since this is a corner location, Can the store be open on 2 sides?
    Answer:   Stores may be open on 2 sides, but must not interfere with the queuing/deplaning access lanes or holdroom furniture layouts of adjacent gates.
Question Number  46:   If open sell concept- Please confirm requirements and/or options/ perimeters for enclosure system
    Answer:   Please see the Concessions Design Standards for requirements on transparency and opacity.
Question Number  47:   Please clarify note: “flooring to within leased area to be unfinished”.
    Answer:   As described in the Scope of Work, the floor will be left unfinished (raw concrete), leaving a 3/8” depression due to adjacent public right of way terrazzo (or carpet) flooring. Concessionaire is expected to install flooring in their space through DRC approval process.
Question Number  48:   Is this consider to be an INLINE store location with solid ceiling or Is open trellis ceiling grid allowed?
    Answer:   Either in-line or open trellis ceiling concepts may be considered. Note: it is the responsibility of the tenant and their designer to resolve all building code/permit issues related to either option.
Question Number  49:   For Space CCB-02-8W-010: Is plumbing available for this space? Will the Electrical Load be able to be increased higher than 100 amps?
    Answer:   No plumbing is included at this time. Proposals should be based on the amperage allowance shown at this time. Proposers should not assume additional electrical capacity or plumbing will be available.
Question Number  50:   Are coffee types of any kind allowed to be sold at any of the locations in the RFP?  Are there any locations where freshly prepared and served coffees, espresso, cappuccino, etc. would be allowed?
    Answer:   Only chilled bottled non-alcoholic beverages are allowed. No freshly prepared drinks are allowed.
Question Number  51:   DEN is currently researching some questions, and prospective Proposers should be able to see the results of this research before finalizing any additional questions.  Please extend the deadline for submitting additional questions to two days following the publishing of answers being researched by DEN.
    Answer:   DEN has already provided an extended timeline for questions and will not extend it further.
Question Number  52:   Form Attachment 1, Part 7 Capital Investments and Funding requires proposers to specify funding sources in Section “II. CAPITAL FUND SOURCES”, however each line repeats any entry made by proposers.  How do you prefer proposers indicate different funding sources based on the form provided?
    Answer:   DEN appreciates you brining this to our attention. See Addendum #2. This form has been corrected and uploaded under the Forms dated 11/1/19 found at the following link and will be listed under the Incidental Documents column for this opportunity. : http://business.flydenver.com/bizops/proprfp.asp
Question Number  53:   Does the font on the cover page of the proposal have to be Times New Roman 12 point or can it be larger?
    Answer:   Only the front cover page of the proposal can deviate from the font and size.
Question Number  54:   What is the minimum CapEx a bidder can propose (by space)?
    Answer:   The Key Business Terms page lists an anticipated minimum capital investment for each opportunity.
Question Number  55:   We are not within company policy to submit an Irrevocable Letter of Credit as a form of Proposal Surety, therefore we will be providing a Cashier’s Check. However, the RFP stipulates that the Proposal Surety, regardless of form, that DEN may accept at any time within one hundred eighty (180) days after the proposal due date. Cashier’s Checks are typically valid for only 90 days. We have confirmed with Bank of America that they will not provide a Cashier’s Check that is valid for longer than 90 days. Will DEN consider a Proposal Bond as an acceptable form of Proposal Surety? If not, please advise whether DEN will reduce the term of validity from to 90 days.
    Answer:   "The Proposal Surety must be valid for one hundred eighty (180) days from date of submittal. DEN will accept it in one of the following forms: 1. Cashier's Check, 2. Proposal Bond, or 3. Irrevocable Letter of Credit"
Question Number  56:   Would the City prefer a designed menu in the style that the concept utilizes, or in the style of 12pt Times New Roman?
    Answer:   Please refer to Addendum #1 posted on 10/15/19.
Question Number  57:   For retail, can the product list please be excluded from page count?
    Answer:   Please refer to Addendum #1 posted on 10/15/19.
Question Number  58:   The paragraphs on substitute revised page 8 are numbered from A. though E., but page 7 has paragraphs A. through H. and there are some duplications.  Do you want the proposers to ignore this?
    Answer:   DEN appreciates you brining this to our attention. See Addendum #2. This form has been corrected and uploaded under the Forms dated 11/1/19. This form has been revised and uploaded under the Forms found at the following link and will be listed under the Incidental Documents column for this opportunity. : http://business.flydenver.com/bizops/proprfp.asp
Question Number  59:   We understand that each partner company must qualify to do business in Colorado when the proposer consists of a joint venture general partnership. Please confirm that when the proposer consists of a joint venture limited liability company, although the proposer must qualify to do business in Colorado, the members of the limited liability company are not required to qualify to do business in Colorado.
    Answer:   The Joint Venture partners need to be registered to do business in CO under the operating “Business Name”.
Question Number  60:   Can you please exclude the Table of Contents from the page limit? Where do you want it to be placed?
    Answer:   The Table of Contents is excluded from the page count and shall be included in the beginning of the proposal.
Question Number  61:   Regarding the Proposal Forms- 10. Political Contributions and/or Donations Disclosure Certificate, Page 6 – can you explain what information is being requested in the first chart?
    Answer:   DEN appreciates you brining this to our attention. See Addendum #2. This form has been corrected and uploaded under the Forms dated 11/1/19. This form has been revised and uploaded under the Forms found at the following link and will be listed under the Incidental Documents column for this opportunity. : http://business.flydenver.com/bizops/proprfp.asp
Question Number  62:   Can the City provide a date as to when the remaining questions will be answered?
    Answer:   The City has now posted answers to all questions."
Question Number  63:   Please confirm that graphs, org charts and any other pictorial documents that do not consist of full written dialog are ‘not’ considered within the narrative page limitations
    Answer:   Section III-2 of the RFP document specifies the documents that do not count toward the page limit. Any item not listed is included within the page limits.
Question Number  64:   We noted within another RFP set of Q&A, that there is clear guidance on font reference both Text and Headers i.e. Times New Roman. Please confirm that the same instructions apply to this response. 
    Answer:   Yes, this applies to the Travel Convenience proposals too.
Question Number  65:   In Addendum 1, and reference Question and Answer Number 29, it states that the floorplan may be formatted onto a 11”x17” size paper.  Would it be possible to format all of the Design Pages (5 page limitation) onto 11”x17” size paper, in order for you to be able to review the full concept and design intent.  Please clarify the direction on same. 
    Answer:   No, only one floorplan may be formatted on the 11" x 17" paper.
Question Number  66:   In Addendum 1, it states that the merchandise list may be attached to the end of the proposal. Please confirm if this is the end of Tab 3 or at the end of Tab 8?  If the Merchandise List is at the end of Tab 8, please confirm that the narrative page limitations do not change for Tab 3.
    Answer:   The merchandise list should be attached to the end of the proposal. The page limits for the remainder of the document are unchanged.
Question Number  67:   Question and Answer Number 3 as of October 21st, potentially may contradict an answer to Question number 28. Please clarify the direction on ‘how many pages per concept’.
    Answer:   Maximum page counts provided are for the entire proposal. Proposers must not exceed the maximum page counts.
Question Number  68:   The Question and Answers to Numbers 42 and 50, may also potentially contradict each other. Please confirm the intent regarding coffee.
    Answer:   Only chilled bottled non-alcoholic beverages are allowed. No freshly prepared drinks are allowed.
Question Number  69:   Regarding Concourse B – Will the airport provide further clarification on the number of gates in the East locations vs. the West?
    Answer:   "4 gates are being added to the West end of Concourse B. 7 gates are being added to the East end of Concourse B. Net 7 are being added, however, the new North Finger has a total of 10 new gates. (5 Narrow Body and 5 Regional Jet)"
Question Number  70:   The RFP states that the anticipated required opening date will be Date of Execution (March – April 2020) + 300 Days. Assuming the  contract execution is April 1, 2020, this concludes that the store opening will not be until late January 2021. Will the airport update the financial pro forma to reflect actual years of operation?
    Answer:   While your statement reflecting the opening date is correct, for the purposes of this procurement, please use the pro forma provided.
Question Number  71:   1. Will the airport clarify which month it expects construction to be complete in Concourse A, 2022?
    Answer:   Concourse A West expansion is currently scheduled to open in 3Q 2021.