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VIRGIN ISLANDS PORT AUTHORITY REQUEST FOR PROPOSALS for WIRELESS FIDELITY (WI-FI) SYSTEMS AT VARIOUS FACILITIES ST. CROIX, ST. JOHN & ST. THOMAS, VI Ann E. Abramson Marine Facility, St. Croix Henry E. Rohlsen Airport, St. Croix Lorendon L. Boynes, Sr. Dock, St. John Theovald Eric Moorehead Marine Facility, St. John Victor William Sewer Marine Facility, St. John Edward Wilmoth Blyden IV Marine Terminal, St. Thomas Cyril E. King Airport, St. Thomas Red Hook Intermodal Transit Area, St. Thomas RELEASE DATE: JULY 22, 2013 PROPOSAL DUE DATE: SEPTEMBER 4, 2013 PRINTED PACKAGE: $100.00 ELECTRONIC COPY: FREE

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VIRGIN ISLANDS PORT AUTHORITY

REQUEST FOR PROPOSALS

for

WIRELESS FIDELITY (WI-FI) SYSTEMS

AT VARIOUS FACILITIES ST. CROIX, ST. JOHN & ST. THOMAS, VI

Ann E. Abramson Marine Facility, St. Croix

Henry E. Rohlsen Airport, St. Croix

Lorendon L. Boynes, Sr. Dock, St. John Theovald Eric Moorehead Marine Facility, St. John

Victor William Sewer Marine Facility, St. John

Edward Wilmoth Blyden IV Marine Terminal, St. Thomas Cyril E. King Airport, St. Thomas

Red Hook Intermodal Transit Area, St. Thomas

RELEASE DATE: JULY 22, 2013

PROPOSAL DUE DATE: SEPTEMBER 4, 2013

PRINTED PACKAGE: $100.00 ELECTRONIC COPY: FREE

VIRGIN ISLANDS PORT AUTHORITY

TABLE OF CONTENTS

REQUEST FOR PROPOSALS WIRELESS FIDELITY (WI-FI) SYSTEMS

AT VARIOUS FACILITIES ST. CROIX, ST. JOHN & ST. THOMAS, VI

Page SECTION 1.00 – SCHEDULE ...................................................................................................................................... 1 1.01 SCHEDULE OF EVENTS ................................................................................................................ 1

SECTION 2.00 - BACKGROUND INFORMATION .............................................................................................. 2

SECTION 3.00 - GENERAL INFORMATION ........................................................................................................ 5 3.01 PROPOSAL DEADLINE ................................................................................................................. 5 3.02 PROPOSAL SUBMITTAL............................................................................................................... 5 3.03 LATE PROPOSALS ........................................................................................................................... 6 3.04 PROPOSAL WITHDRAWAL ......................................................................................................... 6 3.05 AWARD, REJECTION, CANCELLATION OR REISSUE OF PROPOSAL ....................... 6 3.06 AWARD SUBJECT TO APPROVAL ............................................................................................. 7 3.07 NON-MANDATORY/ PRE-POSAL MEETINGS AND SITE TOURS ............................... 7

SECTION 4.00 – INSTRUCTION TO PROPOSERS ............................................................................................ 7 4.01 PROPOSAL CONTENT AND ORGANIZATION ..................................................................... 7 4.02 RESPONSIBILITY FOR PROPOSAL .......................................................................................... 8 4.03 AMENDMENTS TO PROPOSAL DOCUMENTS ..................................................................... 8 4.04 PORT AUTHORITY CONTACT/ RESTRICTIONS ON COMMUNICATION ................. 9 4.05 PROPOSER’S AFFIDAVIT .............................................................................................................. 9 4.06 PROPOSAL SURETY ..................................................................................................................... 10 4.07 PERFORMANCE GUARANTEE................................................................................................. 10

SECTION 5.00 - SCOPE OF SERVICES ................................................................................................................ 11 5.01 FACILITIES ...................................................................................................................................... 11 5.02 REQUIREMENTS ........................................................................................................................... 12 5.03 MINIMUM QUALIFICATIONS ................................................................................................... 13 5.04 ADVERTISING ................................................................................................................................ 14 5.05 ADVERTISING ................................................................................................................................ 14 5.06 PROPOSED REVENUE SHARING ........................................................................................... 14 5.07 PRO-FORMA STATEMENTS ..................................................................................................... 14 5.08 PROPRIETARY DATA .................................................................................................................. 15 5.09 SIGNATURE ON PROPOSAL FORM ...................................................................................... 15 5.10 DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION .................................. 15

SECTION 6.00 - POST SUBMITTAL EVENTS ................................................................................................. 16 6.01 EVALUATION OF PROPOSALS ............................................................................................... 16 6.02 PROPOSAL SELECTION .............................................................................................................. 16 6.03 DISQUALIFICATION ..................................................................................................................... 16

VIRGIN ISLANDS PORT AUTHORITY

LIST OF APPENDICES

REQUEST FOR PROPOSALS WIRELESS FIDELITY (WI-FI- SYSTEM)

AT VARIOUS FACILITIES ST. CROIX, ST. JOHN & ST. THOMAS, VI

The RFP package includes this document and the following attachments:

APPENDIX 1 PROPOSAL FORMS

VIRGIN ISLANDS PORT AUTHORITY

Page 1 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

SECTION 1.00 - SCHEDULE of EVENTS 1.01 SCHEDULE OF EVENTS The schedule below is provided for informational purposes. Please review the entire Request for Proposals for additional information concerning these events and dates.

July 22, 2013 Release of RFP August 8, 2013 at 10:00 a.m. Non-Mandatory Pre-proposal Meeting,

St. Thomas August 9, 2013 at 10:00 a.m. Non-Mandatory Pre-proposal Meeting,

St. Croix August 19, 2013 at 3:00 p.m. Questions from Proposers

August 22, 2013 Questions Answered and Posted

September 4, 2013 at 3:00 p.m. Sealed Proposals Due

September 5 - September 30, 2013 Evaluation of Proposals October 16, 2013 Anticipated Approval of Award October 21, 2013 Notification to Proposers

The schedule above is subject to change with notification, but without liability to the Port Authority. All times are Atlantic Standard Time.

VIRGIN ISLANDS PORT AUTHORITY

Page 2 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

REQUEST FOR PROPOSALS WIRELESS FIDELITY (WI-FI- SYSTEM)

AT VARIOUS FACILITIES ST. CROIX, ST. JOHN & ST. THOMAS, VI

The VIRGIN ISLANDS PORT AUTHORITY (hereinafter called "the Port Authority") is soliciting Request for Proposals (hereinafter called "RFP") from qualified companies (hereinafter called “Proposers”) interested in providing free and affordable Wireless Fidelity (Wi-Fi) service at several of the Port Authority's facilities, individually or together, including: St. Croix

Ann E. Abramson Marine Facility, Frederiksted, St. Croix Henry E. Rohlsen Airport, St. Croix

St. John

Lorendon L. Boynes, Sr. Dock, Cruz Bay Theovald Eric Moorehead Marine Facility, Estate Enighed Victor William Sewer Marine Facility, "The Creek", Cruz Bay

St. Thomas

Edward Wilmoth Blyden IV Marine Terminal, Waterfront Cyril E. King Airport, Estate Lindbergh Bay Red Hook Intermodal Transit Area, Red Hook, Estate Smith Bay

At its own expense, the selected Proposer shall be responsible for the design, installation, operation, maintenance, marketing and management of the Wi-Fi system. Each Wi-Fi system shall provide reliable and interference free wireless (802.11x) data coverage at the Facility in order to provide public access to the Internet .

SECTION 2.00 – BACKGROUND INFORMATION

The Port Authority owns and operates public airports and seaports throughout the U.S. Virgin Islands. These facilities are gateways to the U.S. Virgin Islands' economy. The Port Authority is an independent agency of the Government of the Virgin Islands. The U.S. Virgin Islands is a territory of the United States and all federal laws apply, with the exception of certain customs requirements. Because the Port Authority uses federal funds, all federal requirements, such as those of the Federal Aviation Administration and the U.S. Coast Guard are also in effect.

VIRGIN ISLANDS PORT AUTHORITY

Page 3 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

ST. CROIX Ann E. Abramson Marine Facility, Frederiksted

The Ann E. Abramson Marine Facility, located in Frederiksted, is the main cruise ship port in St. Croix. The pier is approximately 1,526 feet long.

Henry E. Rohlsen Airport St. Croix, U. S. Virgin Islands is currently served on a scheduled passenger basis by three (3) major jet carriers and a variety of regional carriers. The airlines are: Major Carriers Regional Carriers American Airlines Cape Air jetBlue Airlines Coastal Air US Airways LIAT (1974), Ltd. Seaborne Airlines Seaflight VI The Henry E. Rohlsen Airport had the following passenger activity in recent years:

Fiscal Year Enplaned Deplaned Total 2009 193,487 193,433 386,920 2010 187,068 186,246 373,314 2011 211,009 209,046 420,055 2012 203,477 204,104 407,581

ST. JOHN Loredon L. Boynes Sr. Dock, Cruz Bay The Loredon L. Boynes Sr. Dock, located in Cruz Bay, can accommodate four vessels simultaneously. Several ferry operators provide service from this facility to the Urman V. Fredericks Marine Terminal (“Red Hook”) and the Charlotte Amalie Harbor in St. Thomas. Dinghy dock berthing is also available. There is also a passenger terminal at this facility that houses the Port Authority's dock master’s office, a ferry ticket booth and an open air waiting area. Victor William Sewer Marine Facility, “The Creek” The Victor William Sewer Marine Facility, located in Cruz Bay, St. John is also known as “The Creek”. This dock is now used for the berthing of passenger ferries and tenders. Passenger ferries and charter vessels that require federal inspection, i.e., entrance from foreign port, etc., must also use this facility.

VIRGIN ISLANDS PORT AUTHORITY

Page 4 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

Theodore Eric Moorehead Marine Facility, Enighed The Theodore Eric Moorehead Marine Facility is located in Estate Enighed, St. John and was completed in 2006. Cargo and barge activities that were previously handled in the Creek, later known as the Victor William Sewer Marine Facility have been relocated to this facility. The area is served by three barge companies -- Boyson, Inc., Love City Car Ferries, Inc. and Global Marine, Inc. -- that provide daily service to and from St. Thomas, VI from the Red Hook Intermodal Transit Area, adjacent to the Urman V. Fredericks Marine Terminal. ST. THOMAS Edward Wilmoth Blyden IV Marine Terminal, Waterfront

The Edward Wilmoth Blyden IV Marine Terminal is located in Charlotte Amalie. Currently four ferry companies provide scheduled service between the U.S. Virgin Islands and ferry service between the U.S.V.I. and the British Virgin Islands. The terminal also houses the St. Thomas offices of VIPA’s Marine Division, the federal inspection services, ferry ticket booths and an open-air waiting area. The terminal sits on the St. Thomas waterfront apron and hosts a restaurant specializing in Caribbean cuisine on the second floor. The ferry companies are: Native Son, Inc., Roadtown Fast Ferry, Smith Ferry and Speedy’s Ferry. Cyril E. King Airport, Lindbergh Bay The Cyril E. King Airport is located on the southwestern end of St. Thomas, VI. The passenger terminal opened in late 1990 and has 11 gates. Currently, the Cyril E. King Airport is served on a scheduled passenger basis by six (6) major jet carriers and a variety of regional carriers. Additional air carriers provide charter and scheduled air cargo service. The scheduled passenger airlines are: Major Carriers Regional Carriers American Airlines Air Sunshine Delta Air Lines Cape Air jetBlue Airlines LIAT (1974), Ltd. Spirit Airlines Seaborne Airlines United Airlines V.I. Seaflight US Airways The Cyril E. King Airport had the following passenger activity in the recent years:

Fiscal Year Enplaned 2009 618,700 2010 660,644 2011 637,740 2012 700,550 2013 (projected) 690,000

VIRGIN ISLANDS PORT AUTHORITY

Page 5 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

Red Hook Intermodal Transit Area, Smith Bay The Red Hook Intermodal Transit Area is located in Estate Smith Bay, adjacent to the Urman V. Fredericks Marine Terminal. The area is currently served by three barge companies that provide daily service to and from St. John, VI through the Theodore Eric Moorehead Marine Facility located in Estate Enighed, St. John. The three barge companies are Boyson, Inc., Love City Car Ferries, Inc. and Global Marine, Inc. CUSTOMS REQUIREMENTS When the United States Virgin Islands were originally purchased from Denmark, the residents were promised they would retain their duty free port status. Thus, the U. S. Virgin Islands operate under a special U.S. Customs jurisdiction. For this reason, persons departing the U.S. Virgin Islands to the United States must clear U.S. Customs. This Customs clearance can be done either at their entry point in the United States or it can be handled at a pre-clearance facility within the airport terminals from which the passengers are departing from. Once cleared by Customs & Border Protection within the departing terminal these passengers must remain in a separate sterile area until they board their aircraft. Once these precleared passengers depart the U. S. Virgin Islands, they can land anywhere in the United States without any further customs processing. Note that passengers arriving from any other part of the United States are not subject to any type of on-airport inspection or checks, that is, only departing passengers must clear U.S. Customs. Airlines suggest that passengers returning to the United States begin checking in three (3) hours before the scheduled departure time in order to accommodate the airline check-in, the Customs clearance and security review processes. The Cyril E. King Airport (STT) and the Henry E. Rohlsen Airport (STX) each has a pre-clearance facility.

SECTION 3.00 – GENERAL INFORMATION 3.01 PROPOSAL DEADLINE. Proposals must be received at the address provided in Section 3.02 herein no later than 3:00 p.m. AST on Wednesday, September 4, 2013. 3.02 PROPOSAL SUBMITTAL. Proposers shall abide by all the procedures set forth in the Request for Proposal in the preparation and submission of their Proposal. Proposals must be submitted on the forms included in Appendix 1 - Proposal Forms. Each Proposer must include one (1) original and seven (7) copies of Appendix 1 - Proposal Forms and supporting documentation. Proposers may reproduce copies of the forms in the Proposal's Appendix 1 and hand write their submittal or use word processing to reproduce the exhibit inserting additional pages as

VIRGIN ISLANDS PORT AUTHORITY

Page 6 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

required and collating the results. Submittals must be one-sided on standard letter size (8½" x 11") paper and be bound long side. The Proposal documents must be enclosed in a sealed envelope and state the Proposer's name and address and be clearly marked "Wi-Fi RFP" on the bottom right. Responses must be signed and in sealed envelopes and submitted on Wednesday, September 4, 2013, by 3:00 p.m. AST. Mail or deliver this material to: TO: Carlton Dowe Executive Director VIA OVERNIGHT/HAND DELIVERY Virgin Islands Port Authority Virgin Islands Port Authority P. O. Box 301707 Administration Building St. Thomas, VI 00803-1707 8074 Estate Lindberg Bay St. Thomas, VI 00802-8074 The Port Authority reserves the right to extend the opening date or time provided no RFP responses have been previously opened. 3.03 LATE PROPOSALS. Proposers are responsible for the delivery of their responses before the due date and time. If delivery is received after the date and hour set for receipt, the response will not be considered and will be returned unopened. 3.04 PROPOSAL WITHDRAWAL. Proposals may be withdrawn by the Proposer prior to the deadline date and time established for receiving Proposals. After the Proposal submittal deadline, the Proposer shall be bound by the Proposal submitted until the earlier of 1) the execution of the Agreement between the Port Authority and the selected Proposer, or 2) November 30, 2013. 3.05 AWARD, REJECTION, CANCELLATION OR REISSUE OF PROPOSAL. The Governing Board of the Virgin Islands Port Authority reserves the absolute right in its sole discretion to award this concession. The submission of a proposal does not in any way commit the Port Authority to enter into an agreement with any Proposer. The Port Authority also reserves the right to:

a) Reject any or all Proposals for any reason. b) Waive any of the requirements of the RFP procedures. c) Accept any proposal in whole or in part. d) Negotiate for modifications determined to be necessary.

VIRGIN ISLANDS PORT AUTHORITY

Page 7 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

e) Select one or more Proposals in response to this RFP. f) Reissue the RFP with or without modifications g) Retain all copies of Proposals submitted by prospective Proposers. h) Cancel this RFP at any time. i) Proceed in any other manner deemed appropriate.

3.06 AWARD SUBJECT TO APPROVAL Any agreement entered into pursuant to the acceptance of proposal in response to this RFP is subject to approval by the Governor of the U.S. Virgin Islands. 3.07 NON-MANDATORY / PRE-PROPOSAL MEETINGS AND SITE TOURS The Pre-Proposal meetings will be held only on St. Croix and St. Thomas, VI. Escorted site tours of the respective airport will occur only at this time following the meeting. The number of representatives per firm shall be limited to two (2) persons for the tour of the facility. Persons planning to attend the tour must bring government issued identification.

ST. THOMAS - A formal tour and pre-Proposal meeting is scheduled for Thursday, August 8, 2013 at 10:00 a.m. The meeting will be held in the Virgin Islands Port Authority's Administration Building Conference Room - 3rd Floor, 70 Estate Lindbergh Bay, St. Thomas, VI. ST. CROIX - A formal tour and pre-Proposal meeting is scheduled for Friday, August 9, 2013 at 10:00 a.m. The meeting will be held in the Henry E. Rohlsen Airport’s Conference Room -2nd Floor, St. Croix, VI.

All proposers are responsible for and deemed to have knowledge of all information presented at these meetings. All questions resulting from the meetings must be in writing to the Authority's Contact no later than 3:00 p.m., Monday, August 19, 2013. Proposers may prepare and submit questions in writing by Monday, August 5, 2013. Responses will be discussed and distributed at the Pre-Proposal meetings and posted on the Port Authority’s website at www.viport.com/bids.html. Only written responses shall be official. Oral responses shall not be binding.

SECTION 4.00 – INSTRUCTION TO PROPOSERS 4.01 PROPOSAL CONTENT AND ORGANIZATION Information and instructions necessary for Proposers to submit Proposals to the Port Authority regarding the Wi-Fi system are contained within this RFP. It is the responsibility of each Proposer to read the following instructions carefully and to insure that all of the

VIRGIN ISLANDS PORT AUTHORITY

Page 8 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

necessary documents are included. Please do so immediately upon receipt to ensure that you have in your possession all the necessary documents. The Port Authority will not be responsible for any oral instructions or clarifications of the Proposal documents or the Proposal procedure. All costs associated with the preparation and submission of any Proposal shall be borne entirely by the Proposer. Use of expensive papers and bindings are discouraged since no materials will be returned. Proposal submittals must be returned on forms provided by the Port Authority, and must include the Appendix 1 under marked tabs containing the information required. Proposals by facsimile or email will not be accepted. All information requested in the Proposal document must be furnished by the Proposer. Statements must be complete, and in the form requested. Omission, inaccuracy, or fraudulent statement may be cause for rejection of the Proposal.

The purpose of these instructions is to furnish general information to prospective Proposers concerning the Port Authority’s proposal process. The Instructions are not intended to completely define the proposed contractual relationship to be entered into by the Port Authority and the successful Proposer. 4.02 RESPONSIBILITY FOR PROPOSAL. Each Proposer is responsible for carefully examining the terms and conditions set forth in this RFP, for making an inspection of the facilities, and for otherwise judging for itself all the circumstances and conditions affecting the its Proposal. Submission of a Proposal shall be conclusive evidence that the Proposer has made such examinations and investigations. Failure on the part of the Proposer to make such examination and to investigate fully and thoroughly shall not be grounds for any declaration that the Proposer did not understand the conditions of the Proposal. The Port Authority makes no warranties or guarantees of any type whatsoever concerning any condition which may affect the automobile rental concession operation or any aspect of Proposer's Proposal. 4.03 AMENDMENTS TO PROPOSAL DOCUMENTS. The Port Authority reserves the right to amend the proposal documents of this RFP package through written addendum at any time prior to the scheduled bid opening. All amendments, updates or other information, if any, shall be posted on the Port Authority's website at www.viport.com/bids.html. Proposers are responsible for checking the Port Authority's website until the RFP due date. If any Addenda to this RFP is issued by the Port Authority, Proposer must acknowledge awareness of such.

VIRGIN ISLANDS PORT AUTHORITY

Page 9 of 17 REQUEST FOR PROPOSALS – WI-FI AT VARIOUS FACILITIES, ST. CROIX, ST. JOHN & ST. THOMAS, VI

Any prospective Proposer not having access to the Internet, must notify the Port Authority so that amendments, updates or other information can be delivered by mail or other method acceptable to the Port Authority. The Port Authority will not be bound by any oral statements. The Port Authority, at its discretion, may provide additional time to respond, if necessary. The term "proposal documents" shall mean this RFP package, Appendices, Exhibits and any Addenda subsequently issued. 4.04 PORT AUTHORITY CONTACT / RESTRICTIONS ON COMMUNICATION. Inquiries on all matters pertaining to this Request for Proposals or the process should be directed to: Denise M. Mills, CPM®, Director of Property Management Virgin Islands Port Authority P. O. Box 301707; St. Thomas, VI 00803-1707 Email: [email protected] Telephone: (340) 774-1629 Facsimile: (340) 715-0134 All inquiries shall be limited to this Proposal package. Questions related to clarification of the contents of this Proposal package should be in writing, preferably by email and received no later than Monday, August 19, 2013 at 3:00 p.m. Only questions relevant to this RFP will be answered. Questions and Answers will only be posted on the Port Authority's website by close of business, Thursday, August 22, 2013. Questions received after August 19, 2013 will not be answered. Any communication about this RFP subsequent to its release and until the RFP process is completed by the Proposer, its owners, officers, employees or agents with any Virgin Islands Port Authority Governing Board member, officer or employee, except as noted in this section or outside of the Pre-Proposal meeting is strictly prohibited and may be cause of disqualification. 4.05 PROPOSER’S AFFIDAVIT. A. Each Proposer is required to submit with his proposal, an affidavit, stating that neither

he nor his agents, nor any other party for him has paid or agreed to pay, directly or indirectly, any person, firm or corporation any money or valuable consideration for assistance in procuring or attempting to procure the contract herein referred to, and further agreeing that no such money or reward will be hereafter paid.

B. Each Proposer, who is a foreign corporation, that is, a corporation not chartered in the

Virgin Islands, but licensed to do business in the Virgin Islands, is required to submit with his proposal an affidavit duly executed by the President, Vice President, or

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General Manager of the corporation stating in said affidavit that said foreign corporation has, in accordance with the provisions of the General Code of the Virgin Islands, obtained a certificate authorizing it to do business in the Virgin Islands. This affidavit must be prepared by the proposer.

C. Each Proposer is additionally required to submit with its proposal, upon the blank

affidavit attached hereto, an attestation of the proposer that such proposal is genuine and non-collusive and not made in the interest or in behalf of any person not therein named, and that the proposer has not directly or indirectly induced or solicited any other proposer to put in a collusive proposal, or any other person, firm or corporation to refrain from proposing, and that the proposer has no direct or indirect financial or proprietary interest in any other person, firm or corporation putting in a proposal, and that the proposer has not in any manner sought by collusion to secure for itself an advantage over any other proposer.

Any proposal which is made without, such affidavit, or in violation thereof, will not be considered. 4.06 PROPOSAL SURETY. Each proposal shall be accompanied by a bid bond or certified or cashier’s check made payable to the Virgin Islands Port Authority on a solvent bank, in the amount of Two Thousand Five Hundred Dollars ($2,500.00). The deposit shall be given as security to guarantee that if the proposal is accepted, the Proposer shall execute a Concession and Lease Agreement and provide proper security for its performance. The check shall be made payable to the “Virgin Islands Port Authority”. Once a successful Proposer, executes a lease, the amount shall be applied against the guaranteed Concession fee required for the first year of the term. If a successful Proposer, fails to execute an agreement, the check shall be forfeited as the agreed amount of liquidated damages to Port Authority. The check shall be released or returned to unsuccessful Proposers as soon as the successful Proposer(s) has been determined and an Agreement awarded, or, in the event that all proposals are rejected, within ten (10) days after the date of rejection. 4.07 PERFORMANCE GUARANTEE.

The successful Proposer or Proposers shall be required to deposit with the Port Authority upon execution of the Concession Agreement, an amount equal to three (3) months of the its highest proposed annual minimum guarantee to guarantee the good and faithful performance of the terms and conditions of the Concession Agreement which may be in the form acceptable to the Port Authority of Performance Bond, Certificate of Deposit jointly held with the Port Authority or irrevocable Letter of Credit. Said security shall be held by the Virgin Islands Port Authority without interest to the Proposer and shall be returned to the Proposer upon the expiration of the agreement, conditioned upon the Proposer having fully and

VIRGIN ISLANDS PORT AUTHORITY

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faithfully performed all required of it, and further, having vacated the premises in good condition, ordinary wear and tear excepted.

5.00 - SCOPE OF SERVICES AND CONDITIONS The Wi-Fi systems must:

1. Be provided at the sole expense and responsibility of the selected Proposer;

2. Provide a minimum access speed of 1.5Mbps at no charge to facility users;

3. Provide sufficient capacity to meet the needs, including support of all Wi-Fi users at any given time;

4. Be available on a daily basis -- 24 hours a day, 365 days a year; and

5. Provide revenue to the Port Authority in form of revenue sharing. 5.01 FACILITIES. The selected Proposer(s) must provide Wi-Fi services in the public areas of the following facilities, including all holdrooms and baggage claim areas of the Airports: St. Croix

Ann E. Abramson Marine Facility, Frederiksted, St. Croix Henry E. Rohlsen Airport Terminal, St. Croix

St. John

Lorendon L. Boynes, Sr. Dock, Cruz Bay Theovald Eric Moorehead Marine Facility, Enighed Victor William Sewer Marine Facility, "The Creek", Cruz Bay

St. Thomas

Edward Wilmoth Blyden IV Marine Facility, Waterfront Cyril E. King Airport Terminal, Lindbergh Bay Red Hook Intermodal Transit Area, Red Hook, Smith Bay

The Urman V. Fredericks Marine Terminal, Red Hook, St. Thomas which is adjacent to the Red Hook Intermodal Transit Area and the Seaplane Terminal, adjacent to the Edward Wilmoth Blyden IV Marine Facility are not included in this Scope and should not be serviced. The Port Authority reserves the right to add or remove facilities at its sole discretion.

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5.02 REQUIREMENTS. The selected Proposer is required to do the following: Provide at minimum two levels of service, including free Wi-Fi to the public:

Free Wi-Fi shall be supplied at a bandwidth of 1.5Mbps, but shall not allow for VPN connections or streaming videos capabilities; and

Fee-based Wi-Fi shall be supplied at a minimum bandwidth of 5Mbps and support

VPN connections and video streaming. Proposer shall be able to generate revenues by selling advertising during the free connection. The selected Proposer shall be required to do the following:

1. Design, engineer, install and build a wireless internet service utilizing 802.11(x) Wi-Fi. Design shall not interfere with the frequencies or otherwise of any system used by the Port Authority, its tenants or operators. All expenses including labor, materials, and equipment shall be the sole responsibility of the selected Proposer.

2. Operate, maintain, market and manage the Wi-Fi service. 3. Provide a minimum access speed of 1.5Mbps at no charge to facility users. 4. Provide for fee a minimum access speed of 5Mbps. 5. Develop and maintain a one-time splash page for access to the Internet to be displayed

on the Proposer’s web browser. Links to the Port Authority's and the V.I. Department of Tourism's website must be included. The contents and design of the splash page must be reviewed and approved by the Port Authority prior to implementation.

6. Design and market Wi-Fi splash page advertisements for the purpose of generating

revenue for the Wi-Fi system. All advertisements must be reviewed and approved by the prior to implementation.

7. Comply with all applicable Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations. 8. Secure and pay for permits, fees, and licenses necessary for the execution of work as

needed for the project and comply with all local and/or federal codes, regulations and any other legal requirements to complete the project.

9. Provide coverage at 95% or better throughout all areas of each facility.

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10. Obtain written approval from the Port Authority for any antennae mountings. 11. Enter into agreements with Internet Service Providers. 12. Provide routine maintenance of all components of the Wi-Fi System in a timely

manner. Respond to any emergency maintenance within 24 hours of notice. 13. Perform system updates/upgrades to ensure that system has most current technology

at a minimum of four (4) year interval. 14. Provide monthly reports of maintenance performed (scheduled and non-scheduled) at

each facility in keeping with system's reporting capability. 15. Provide monthly to quarterly Performance Reports for each facility to include system

usage, downtime, signal strengths and dropped connections, in keeping with system capability.

16. Provide Support Help Desk for users. 17. Install any electrical work in order to support the Wi-Fi system. 18. Provide Uninterruptible Power Supplies for all systems and/or equipment.

The Port Authority shall provide, subject to limitations and fees and rates, access to the following:

1. Facility and building access;

2. Space in existing equipment room(s);

3. Electrical Power;

4. Any Existing AutoCAD drawing/files of the various facilities; and

5. Availability to all existing trays or hangers and conduit space to be utilized for cabling. 5.03 MINIMUM QUALIFICATIONS The selected Company must at a minimum have the following qualifications:

Have completed a minimum of two (2) years experience operating and maintaining a Wi-Fi system for a large commercial or public venue

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Have completed a minimum of one (1) design, installation, integration and implementation of system for Wi-Fi service in the past seven (7) years at commercial or public venues.

Be licensed to do business within the United States Virgin Islands. If Proposer is not licensed, once selected Proposer must secure license within thirty (30) days of notice of award.

5.04 AGREEMENT TERM. The agreement awarded in response to this RFP will be for a five-year period with an option to renew for one two-year period. 5.05 PROPOSED REVENUE SHARING.

The Proposer must propose a revenue sharing agreement for each Facility that it is submitting a response for. The proposal should show revenues from both advertising and usage fees. Separate records and accounting of all revenue related to the Wi-Fi system specific to each facilities must be maintained. Reporting shall be submitted on a monthly basis that distinguishes the actual revenues obtained from advertising and from usage fees. 5.06 ADVERTISING. The Proposer must show its capability to solicit and secure advertisements from local, regional and national advertisers. The following advertisements are prohibited:

Airline Advertisements. Only airlines that serve the Virgin Islands can advertise or be included in the advertisement.

Rental Car Companies. Only on-airport rental car companies can advertise or be

included in the advertisement. 5.07 PRO FORMA STATEMENTS.

The Proposer shall provide a Pro forma statements (“Projections”) for each Facility. The projections shall include:

Number of transactions (by free and fee-based services) Projected revenue from the sale of advertisement

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Assumptions for price increases (for fee-based services) for each year of the Term. Proposer shall also provide similar data (capture rate, etc.) for the most recent year from at least three other facilities of comparable nature in support of its projections.

Anticipated capital expenditures to be incurred to provide and upgrade/refresh the system(s).

5.08 PROPRIETARY DATA. If a Proposer provides proprietary data/material related to this RFP, the Port Authority will handle in strictest confidence all material received in response to this RFP designated “proprietary”. The Port Authority will, upon request of the Proposer, enter into a confidentiality agreement with the Proposer that will pertain to the content of the Proposer's Proposal and will apply throughout the period during which the Port Authority is reviewing and evaluating Proposer's Proposal. The Port Authority requires that the Proposer handle in confidence any information or data received from the Port, which may be construed as proprietary to the Authority’s ownership and management of its facilities. 5.09 SIGNATURE ON PROPOSAL FORM An individual duly authorized to represent and lawfully act on behalf of the Proposer must date and sign, in ink, on the spaces provided for such signature in the Proposal (i.e. Appendix 1). The legal name and/or tradename of the Proposer must be typed above the signature of the representative.

A. If the Proposer is a corporation, the Proposal must be signed by an

authorized officer(s), the title of the officer(s) signing the Proposal must be noted, and the corporate seal must be affixed to the Proposal form. All signatures must be notarized.

B. If the Proposer is a partnership, the Proposal must be signed by an

authorized general partner(s), using the term "Member of Firm" or "Partner". Signature must be notarized.

C. If the Proposer is an individual, the Proposal must be signed by and in the full

name of the Proposer, using the term "doing business as__(insert appropriate business name)”, or __"sole owner"__. Signature must be notarized.

5.10 DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION

The Port Authority encourages Disadvantaged Business Enterprise (DBE) participation in all of its concession opportunities. In order to qualify as a DBE, a proposer and/or joint venture partner must be ccertified as a DBE under 49 CFR Part 23.

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DBE participation may be in the form of a sublease, joint venture, partnership, or other legal arrangement meeting eligibility standards in 49 CFR Part 23, Subpart F. Proposers will be required to submit information concerning DBE firm(s) that will participate, including the name and address of each firm, the annual estimated gross receipts to be earned by each firm, or overall percentage of gross receipts to be earned. Description of the legal arrangement(s) to be utilized and the total overall estimated annual receipts to be earned by the concession package.

SECTION 6.00 - POST SUBMITTAL EVENTS 6.01 EVALUATION OF PROPOSALS. The Port Authority will use criteria it judges most appropriate to the review process. Some of the criteria that may be used in the evaluation are:

Experience and Qualification to Perform the Service Proposed Plan Responsiveness to RFP Proposed Revenue Sharing Plan and Pricing ACDBE Requirements and Participation Proposed Management and Marketing Plan Proposed Project Completion Dates Proposed Technical Approach

The relative importance of these criteria will be determined at the sole discretion of the Port Authority. The Port Authority reserves the right to also request additional information from a Proposer at any time prior to the final approval of Award. 6.02 PROPOSAL SELECTION. The Port Authority will appoint a selection committee to perform the evaluation. The Port Authority reserves the right to select the Proposer that it deems most suitable and beneficial to perform the service and be most beneficial to the Port Authority. The selection of the prospective Proposer and the decision to engage in negotiations with that Proposer shall be at the sole discretion of the Port Authority. Final approval of the prospective Proposer is subject to the approval of the Virgin Islands Port Authority Governing Board. 6.03 DISQUALIFICATION. Although not intended to be an inclusive list of causes for disqualification, any one or more of the following, among others, may be considered sufficient for disqualification of a Proposer and the rejection of the Proposal:

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Submittal of a Proposal, which is partial or incomplete, obscure or which

contains irregularities, inaccuracies or fraudulent statements. Submittal of a Proposal which is not in keeping with the requirements of the

RFP. Evidence of collusion among Proposers. Lack of business skills or financial resources necessary to successfully provide

services as revealed by either financial statements or experience.

Lack of responsibility as shown by past history, references, or other factors.

Default or termination of other contracts or agreements.

Other causes, deemed appropriate at the Port Authority’s sole and absolute discretion.