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HILLSBOROUGH COUNTY AVIATION AUTHORITY

AIRPORT CONCESSION DISADVANTAGED

BUSINESS ENTERPRISE (ACDBE) POLICY AND PROGRAM

HILLSBOROUGH COUNTY AVIATION AUTHORITY

Post Office Box 22287

Tampa, Florida 33622

Revised March 7, 2024September 2, 2021

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TABLE OF CONTENTS

Policy Statement

I. Objectives/Policy Statement ................................................................................. 3

Subpart A – General Requirements

I. Objectives .............................................................................................................. 4

II. Definitions ............................................................................................................. 4

III. Applicability ........................................................................................................... 4

IV. Non-Discrimination Requirements ........................................................................ 4

V. Compliance and Enforcement ............................................................................... 5

Subpart B – ACDBE Programs

I. ACDBE Program Updates ....................................................................................... 6

II. Administrative Provisions ...................................................................................... 7

III. Ensuring Nondiscriminatory Participation of ACDBEs .......................................... 10

IV. Reporting ............................................................................................................. 11

V. The Authority’s Compliance and Enforcement Procedures ................................. 11

Subpart C – Certification, Eligibility, Denial and Removal of Certification

I. Certification ......................................................................................................... 12

II. Eligibility .............................................................................................................. 12

III. Denial of Certification .......................................................................................... 14

IV. Removal of Certification ...................................................................................... 14

Subpart D – Goals, Good Faith Efforts and Counting

I. Basic Overall Goal Requirement .......................................................................... 14

II. Consultation in Goal Setting ................................................................................ 15

III. Overall Goals ....................................................................................................... 15

IV. Projection of Estimated Race-Neutral & Race-Conscious Participation ............... 16

V. Concession Specific Goals .................................................................................... 16

VI. Good Faith Efforts on Concession Specific Goals ................................................. 17

VII. Counting ACDBE Participation for Car Rental Goals ............................................. 22

VIII. Counting ACDBE Participation for Concessions other than Car Rentals ............... 22

IX. Quotas or Set-Asides ........................................................................................... 23

Subpart E – Other Provisions

I. Existing Agreements ............................................................................................ 23

II. Long-Term Exclusive Agreements ........................................................................ 23

III. Geographic Preferences ...................................................................................... 23

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ATTACHMENTS

Attachment 1 Organizational Charts

Attachment 2 Monitoring and Enforcement Mechanisms

Attachment 3 Overall Goal Calculation for Concessions other than Car Rentals

Attachment 4 Overall Goal Calculation for Car Rental Concessions

Attachment 5 Sample ACDBE Assurance and Participation Forms - Goal

Attachment 6 Procedures for Removal of ACDBE’s Eligibility

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POLICY STATEMENT

I. OBJECTIVES/POLICY STATEMENT (Sections 23.1, 23.23)

The Hillsborough County Aviation Authority (Authority) is committed to a program for the

participation of Airport Concession Disadvantaged Business Enterprises (ACDBEs) in concession-

related contracting opportunities (Program or ACDBE Program) in accordance with U. S.

Department of Transportation’s (DOT) 49 CFR Part 23, effective April 21, 2005, as may be

amended. The Authority is a primary airport and has received federal funds authorized for

airport development after January 1988, authorized under Title 49 of the United States Code.

The Authority has signed airport grant assurances that it will comply with 49 CFR Part 23.

It is the policy of the Authority to ensure that ACDBEs, as defined in Part 23, have an equal

opportunity to receive and participate in concession opportunities at Tampa International

Airport (Airport). It is also the Authority’s policy:

1. To ensure nondiscrimination in the Authority’s award and administration of

opportunities for concessions at the Airport;

2. To create a level playing field on which ACDBEs can compete fairly for

opportunities for concessions at the Airport;

3. To ensure that the ACDBE Program is narrowly tailored in accordance with the

Regulations and other applicable law;

4. To ensure that only firms that fully meet eligibility requirements of this Program

are permitted to participate as ACDBEs at the Airport;

5. To help remove barriers to the participation of ACDBEs in opportunities for

concessions at the Airport; and

6. To provide appropriate flexibility to the Authority in establishing and providing

opportunities for ACDBEs at the Airport.

The Director of Government Affairs & Community RelationsAssistant General Counsel, Business

Diversity has been designated as the ACDBE Liaison Officer (ACDBELO). In that capacity, the

ACDBELO is responsible for implementing all aspects of the ACDBE Program. Implementation of

the ACDBE Program is accorded the same priority as compliance with all other legal obligations

incurred by the Authority in its financial assistance agreements with the DOT.

The Authority has disseminated this policy statement to its Board of Directors and has also

made this policy statement available on the Authority’s website, www.TampaAirport.com, to all

Authority personnel and to members of the business community that perform or are interested

in performing work on Authority concession-related contracts.

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SUBPART A - GENERAL REQUIREMENTS

I. OBJECTIVES (Section 23.1)

The objectives of this ACDBE program are found in the policy statement on the first page of this

Program.

II. DEFINITIONS (Section 23.3)

The terms used in this Program shall have the meaning defined in 49 CFR, Section 23.3 and

Section 26.5 or in the Authority’s Disadvantaged Business Enterprise (DBE) Policy and Program,

where applicable.

III. APPLICABILITY (Sections 23.5 and 23.21)

The Airport is a primary airport and the Authority, as a recipient of federal financial assistance

from the Federal Aviation Administration (FAA) of the DOT for airport development after

January 1988, is required to implement an ACDBE Program in accordance with the ACDBE

regulations (Regulations).

IV. NON-DISCRIMINATION REQUIREMENTS (Section 23.9)

A. The Authority will not exclude any person from participation in, deny any person

the benefits of, or otherwise discriminate against anyone in connection with the

award and performance of any concession agreement, management contract or

subcontract, purchase or lease agreement or other agreement covered by the

Regulations on the basis of race, color, sex or national origin.

B. In administering its ACDBE Program, the Authority will not, directly or through

contractual or other arrangements, use criteria or methods of administration

that have the effect of defeating or substantially impairing the accomplishment

of the objectives of the ACDBE Program with respect to individuals of a particular

race, color, sex or national origin.

C. The Authority acknowledges these representations are also in accordance with

obligations contained in its Civil Rights, DBE and ACDBE airport grant assurances.

D. The Authority will take all necessary and reasonable steps to ensure

nondiscrimination in the award and administration of contracts and agreements

covered by 49 CFR Part 23. The following language will be included in all

concession-related contracts the Authority executes with any firm after April 21,

2005:

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“This agreement is subject to the requirements of the U. S.

Department of Transportation’s regulations 49 CFR Part 23. The

concessionaire or contractor agrees that it will not discriminate

against any business owner because of the owner’s race, color,

national origin, or sex in connection with the award or

performance of any concession agreement, management

contract, or subcontract, purchase or lease agreement, or other

agreement covered by 49 CFR Part 23.

The concessionaire or contractor agrees to include the above

statements in any subsequent concession agreement or contract

covered by 49 CFR Part 23, that it enters and cause those

businesses to similarly include the statements in further

agreements.”

V. COMPLIANCE AND ENFORCEMENT (Section 23.11)

A. The Authority will comply with and is subject to the provisions of 49 CFR Part 26

(§§ 26.101 and 26.105 through 26.1097).

B. The Authority will comply with Part 26 or be subject to formal enforcement

action under § 26.105 or appropriate program sanctions, such as the suspension

or termination of Federal funds, or refusal to approve projects, grants or

contracts until deficiencies are remedied. Program sanctions may include

actions consistent with 49 U.S.C. §§ 47106(d), 47111(d), and 47122.

C. The Authority’s compliance with all requirements of these provisions is enforced

through the procedures of Title 49 of the United States Code, including 49 U.S.C.

§§ 47106(d), 47111(d), and 47122, and regulations implementing them.

D. Compliance Reviews: The FAA may review the Authority’s compliance with

these provisions at any time, including but not limited to, reviews of paperwork,

on-site reviews, and review of the Authority’s monitoring and enforcement

mechanism, as appropriate. The FAA Office of Civil Rights may initiate a

compliance review based on complaints received.

E. Any person who knows of a violation of these provisions by the Authority may

file a compliant under 14 CFR Part 16 with the FAA Office of Chief Counsel.

F. The following enforcement actions apply to firms participating in the Authority’s

ACDBE Program:

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1. For a firm that does not meet the eligibility criteria of 49 CFR Part 23,

Subpart C and that attempts to participate as an ACDBE on the basis of

false, fraudulent, or deceitful statements or representations or under

circumstances indicating a serious lack of business integrity or honesty,

the DOT or the FAA may initiate suspension or debarment proceedings

against the firm under 49 CFR Part 29.

2. For a firm that, in order to meet ACDBE goals or other ACDBE program

requirements, uses or attempts to use, on the basis of false, fraudulent or

deceitful statements or representations or under circumstances

indicating a serious lack of business integrity or honesty, another firm

that does not meet the eligibility criteria of 49 CFR Part 23, Subpart C,

DOT or FAA may initiate suspension or debarment proceedings against

the firm under 49 CFR Part 29.

3. In a suspension or debarment proceeding brought under paragraph 1 or

2 of this section, the FAA may consider the fact that a purported ACDBE

has been certified. However, such certification does not preclude DOT

from determining that the purported ACDBE, or another firm that has

used or attempted to use it to meet ACDBE goals, should be suspended

or debarred.

4. DOT may take enforcement action under 49 CFR Part 31, Program Fraud

and Civil Remedies, against any participant in the ACDBE Program whose

conduct is subject to such action under 49 CFR Part 31.

5. DOT may refer to the Department of Justice, for prosecution under 18

U.S.C. §§1001 or other applicable provisions of law, any person who

makes a false or fraudulent statement in connection with participation of

an ACDBE in the Authority’s ACDBE Program or otherwise violates

applicable Federal statutes.

SUBPART B – ACDBE PROGRAMS

I. ACDBE PROGRAM UPDATES (Section 23.21)

A. Since the Authority is a large hub primary airport, it is required to have an ACDBE

Program. As a condition of eligibility for FAA financial assistance, the Authority

will submit its ACDBE Program and overall goals to FAA every three years by

October 1.

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B. When the Authority makes significant changes to its ACDBE Program, it will

provide the amended program to the FAA for approval prior to implementing the

changes.

II. ADMINISTRATIVE PROVISIONS (Section 23.23)

A. Policy Statement: The Authority is committed to operating its ACDBE Program in

a nondiscriminatory manner. The Authority’s Policy Statement is elaborated on

the first page of this Program.

B. ACDBE Liaison Officer (Section 23.23)

The Authority has designated the DBE Liaison Officer to also serve as the

ACDBELO who is:

Director of Government Affairs & Community RelationsAssistant General

Counsel, Business Diversity

Hillsborough County Aviation Authority

P. O. Box 22287

Tampa, FL 33622-2287

Telephone: (813) 554-1450; Email: DBEPro[email protected]

In this capacity, the ACDBELO is responsible for implementing all aspects of the

ACDBE Program and ensuring that the Authority complies with all provisions of

49 CFR Part 23. The ACDBELO has direct, independent access to the Chief

Executive Officer (CEO) concerning ACDBE Program matters. An organizational

chart displaying the ACDBELO’s position in the organization is found in

Attachment 1 to this Program.

The Assistant General Counsel, Business Diversity as the ACDBELO, is responsible

for developing, implementing and monitoring the ACDBE Program, in

coordination with other appropriate officials. The ACDBELO has a staff of

threewo to assist in the administration of this Program: the Senior Manager,

Business Diversity, Business Diversity Compliance Specialist and the Business

Diversity Specialist.

C. Responsibilities of the ACDBELO (Section 23.23)

The ACDBELO will be the primary person responsible for implementing all

aspects of this Program, and will work closely with the Senior Manager, Business

Diversity and all other divisions of the Authority who are responsible for making

decisions relative to the Authority’s concession-related contracting

opportunities.

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The ACDBELO has the following responsibilities:

1. Gathers and reports statistical data and other information as required by

DOT/FAA.

2. Identifies contracts and procurements so that ACDBE goals are included

in solicitations (both race-neutral methods and contract specific goals)

and monitors results.

3. Analyzes the Authority’s progress toward goal attainment and identifies

ways to improve progress.

4. Develops, monitors and evaluates the ACDBE Program, and prepares

supplemental written procedures and guidelines to implement the

program, as needed.

5. Advises the Authority on ACDBE matters and achievement.

6. Reports to the CEO and Board on ACDBE matters and achievement, as

needed.

D. The Senior Manager, Business Diversity’s specific duties and responsibilities will

include, but not be limited to the following:

1. Reviews third party contracts and purchase requisitions for compliance

with this Program.

2. Works with other members of the Authority to set overall goals.

3. Ensures that applicable bids, requests for proposals, and other

solicitation notices are available to ACDBEs in a timely manner.

4. Participates in the contract proposal and award process, including

recommending specific contract goals when appropriate; reviews

contract specifications; attends pre-proposal conferences and evaluates

proposals to determine whether the proposer has met the ACDBE goal or

made adequate good faith effort to do so.

5. Plans and participates in ACDBE training seminars.

6. Monitors specific contract performance and actual ACDBE participation.

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7. Monitors overall ACDBE participation, adjusts overall goals and means of

achievement, and assesses areas of over-concentration of ACDBE

participation.

8. Acts as liaison to the Florida Unified Certification Program (FLUCP).

9. Provides outreach to ACDBEs and community organization to advise

them of opportunities.

10. Maintains the Authority’s listing of certified ACDBEs included in the

FLUCP directory and distinguishes them from DBEs.

11. Participates in the Airport Minority Advisory Committee annual

conferences and other organizations working on common issues

pertaining to the Program.

12. Maintains all appropriate records and documentation of the Program.

E. Directory: The Authority, through the FLUCP, maintains a directory identifying

all firms eligible to participate as ACDBEs. The directory lists the firm’s name,

address, phone number, and the type of work the firm has been certified to

perform as an ACDBE. The FLUCP revises the directory every 24 hours. The

Authority makes the directory available through the Authority’s website,

www.TampaAirport.com.

F. e-Procurement Portal:Supplier Portal Registration Database: The Authority’s

eProcurement Portal Supplier Portal Registration Database is a listing of those

companies that are interested in bidding on Authority contracts as suppliers,

prime contractors, and/or subcontractors. The Senior Manager, Business

Diversity as well as the Procurement Department will encourage all potential

suppliers or vendors, including ACDBEs, DBEs, and woman and minority-owned

business enterprises, to register on the Authority’s Database to facilitate greater

supplier diversity. The Database is used by the Authority to obtain pricing for

goods and services and to collect data on potential suppliers to enhance the

Authority’s contracting efforts. The PortalDatabase is also used by companies to

identify prime contractors and subcontractors. The PortalDatabase is posted on

the Authority’s website at www.TampaAirport.com. All companies registered in

the PortalDatabase can access purchase orders, submit invoices, view payments,

update their profile, and respond to online solicitation opportunities.

G. All entries in the PortalDatabase are performed by the registering supplier and

can be updated as often as necessary depending on company’s need. The

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Authority does not enter or update information on a company in the

Portal.Database.

III. ENSURING NONDISCRIMINATORY PARTICIPATION OF ACDBEs (Section 23.25)

A. The Authority will take the following measures to ensure nondiscriminatory

participation of ACDBEs in concession and other covered activities (23.25(a)):

1. Identify opportunities for ACDBEs on all concession and management

agreements and ensure the availability of qualified ACDBEs who are

ready, willing and able to provide their services; review proposed

agreements in order to identify opportunities for participation by

certified ACDBEs; determine the level of participation on the basis of

historic and actual ACDBE participation on previous agreements and the

availability of certified ACDBEs.

2. In all concession and management agreements entered into with the

Authority, the agreement signed by the concessionaire and each

subconcession agreement the concessionaire signs with a

subconcessionaire must assure the Authority that:

“The concessionaire and subconcessionaire will not

discriminate on the basis of race, color, national origin, or

sex in the performance of this agreement. The

concessionaire will carry out applicable requirements of 49

CFR Part 23 in the award and administration of

agreements. Failure by the concessionaire to carry out

these requirements is a material breach of this agreement,

which may result in the termination of this agreement or

such other remedy as the Authority deems appropriate.”

B. The Authority will seek ACDBE participation in all types of concession activities,

rather than concentrating participation in one category or a few categories to

the exclusion of others (23.25(c)).

C. In accordance with 49 CFR Part 23, Section 23.25, the Authority’s overall goal

methodology and description of the race-neutral measures it will take to meet

the goals are described in Attachments 3 and 4 of this Program. The goals are

set consistent with the requirements of 49 CFR Part 23, Subpart D (23.25(b), (d)).

D. If the Authority projects that race-neutral measures, standing alone, are not

sufficient to meet an overall goal, it will use race-conscious measures as

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described in 49 CFR Part 23, Section 23.25 (e) (1-2) and Attachments 3 and 4 of

this Program.

E. The Authority will require businesses subject to ACDBE goals at the Airport

(except car rental companies) to make good faith efforts to explore all available

options to meet goals, to the maximum extent practicable, through direct

ownership arrangements with ACDBEs. The Authority will not use set-asides or

quotas as a means of obtaining ACDBE participation (23.25 (f) (g)).

IV. REPORTING (Section 23.27)

A. The Authority will retain sufficient basic information about its ACDBE Program

implementation, ACDBE certification and the award and performance of

agreements and contracts to enable the FAA to determine the Authority’s

compliance with Part 23. This data will be retained for a minimum of three years

following the end of the concession agreement or other covered contract.

B. The Authority will submit an annual participation report on ACDBE participation

to the FAA Regional Civil Rights Office.

V. THE AUTHORITY’S COMPLIANCE AND ENFORCEMENT PROCEDURES (Section 23.29)

A. In the event of a concessionaire’s non-compliance with the Authority’s ACDBE

Policy and Program or failure to meet the prescribed ACDBE goal set forth in an

agreement, or to establish a good faith effort to do so, the Authority, after due

process, will impose such contract sanctions as the Authority, the FAA or both

may determine to be appropriate.

B. If at any time the Authority has reason to believe that the concessionaire is in

default of this Policy and Program, the Authority may, in addition to pursuing any

other available legal remedy, terminate, suspend or cancel the agreement in

whole or in part; and/or suspend or debar the concessionaire from eligibility to

contract with the Authority in the future or to receive bid packages, request for

proposal packages, or other solicitations unless the concessionaire

demonstrates, within a reasonable time as determined by the Authority, its

compliance with the terms of this Policy and Program or its good faith efforts to

comply.

C. The Authority’s monitoring and enforcement mechanisms to ensure compliance

with 49 CFR Part 23 are found at Attachment 2.

D. The Authority will bring to the attention of the DOT any false, fraudulent, or

dishonest conduct in connection with the Program, so that DOT can take the

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steps (e.g., referral to the Department of Justice for criminal prosecution,

referral to the DOT Inspector General, action under suspension and debarment

or Program Fraud and Civil Penalties rules) provided in 26.107.

E. The Authority will consider similar action under its own legal authorities,

including responsibility determinations in future contracts. The Authority has

listed the regulations, provisions, and contract remedies available to it in the

events of non-compliance with the ACDBE regulation by a participant in its

procurement activities (see Attachment 2).

F. In the Authority’s reports of ACDBE participation to FAA, it will show both

commitments and attainments, as required by the DOT reporting form.

SUBPART C – CERTIFICATION, ELIGIBILITY, DENIAL AND REMOVAL OF CERTIFICATION

(Sections 23.31 through 23.39)

I. CERTIFICATION

Except as provided in 49 CFR Section 23.31, the Authority will use the procedures and standards

of Part 26 and the Authority’s DBE Policy and Program, Section 3 – Determining Eligibility, to

certify ACDBEs to participate in its concessions program and such standards are incorporated

herein. The Authority is a member of the FLUCP administered by the Florida Department of

Transportation and the Senior Manager, Business Diversity will make certification decisions on

behalf of the Authority for ACDBEs.

II. ELIGIBILITY

A. The FLUCP directory of eligible DBEs will specify whether a firm is certified as a

DBE for purposes of Part 26, and ACDBE for purposes of Part 23, or both.

B. The Authority reviews the following information annually on all currently

certified ACDBEs: no change declaration and previous year’s business tax

return(s).

C. The Authority will treat a firm as a small business eligible to be certified as an

ACDBE if its gross receipts averaged over the firm’s previous three fiscal years do

not exceed $56.42 million. The size standard for banks and other financial

institutions is $1 billion in assets, $75.23 million for car rental companies, 1,500

employees for pay telephone companies, and 350 employees for automobile

dealers. (23.33) The personal net worth standard used in determining eligibility

for purposes of Part 23 is $1.32 million or as adjusted by Part 23 (23.35). The

Authority recognizes that in calculating personal net worth, the following

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exclusions apply: the individual’s ownership interest in an ACDBE firm or a firm

that is applying for ACDBE certification; the individual’s equity in his or her

primary place of residence; and other assets that the individual can document

are necessary to obtain financing or a franchise agreement for the initiation or

expansion of his or her ACDBE firm, to a maximum of $3 million. Any person

who has a personal net worth exceeding this amount is not a socially and

economically disadvantaged individual, even if a member of a group otherwise

presumed to be disadvantaged.

D. The Authority will presume that a firm that is certified as a DBE under Part 26 is

eligible to participate as an ACDBE. However, before certifying such a firm, the

Authority will ensure that the disadvantaged owners of a DBE certified under

Part 26 are able to control the firm with respect to its activity in the Authority’s

concessions program. The Authority is not obligated to certify a Part 26 DBE as

an ACDBE if the firm’s work is not relevant to the Authority’s concessions

program. (23.37).

E. The Authority recognizes that the provisions of Part 26, Sections 26.83(c) (2) – (6)

do not apply to certifications for purposes of Part 23. The Authority will obtain

resumes or work histories of the principal owners of the firm and personally

interview these individuals. The Authority will analyze the ownership of stock of

the firm, if it is a corporation, and the bonding and financial capacity of the firm.

The Authority will determine the work history of the firm, including any

concession contracts or other contracts it may have received and will compile a

list of the licenses of the firm and its key personnel to perform the concession

contracts or other contracts it wishes to receive. The Authority will obtain a

statement from the firm of the types of concessions it prefers to operate or the

type of other contracts it prefers to perform and will ensure that the ACDBE firm

meets the applicable size standard. (23.39(a)(b)).

F. The Authority acknowledges that a prime contractor includes a firm holding a

prime contract with an airport concessionaire to provide goods or services to the

concessionaire or a firm holding a prime concession agreement with the

Authority. The Authority recognizes that the eligibility of Alaska Native

Corporations (ANC) owned firms for purposes of Part 23 is governed by Part 26

Section 26.73(h). (23.39(c)(d)).

G. The Authority will use the certification standards of Part 23 to determine the

ACDBE eligibility of firms that provide goods and services to concessionaires.

(23.39(i)).

H. In instances when the eligibility of a concessionaire is removed after the

concessionaire has entered into a concession agreement because the firm

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exceeded the size standard or the owner has exceeded the personal net worth

standard, and the firm in all other respects remains an eligible ACDBE, the

Authority will continue to count the concessionaire’s participation toward ACDBE

goals during the remainder of the current concession agreement. The Authority

will not count the concessionaire’s participation toward ACDBE goals beyond the

termination date for the concession agreement in effect at the time of the

decertification. (23.39(e)).

I. The Authority will use the Uniform Application Form found in Appendix F to Part

26 with additional instructions as stated in Part 23 (23.39(g)).

III. DENIAL OF CERTIFICATION

A firm may appeal the decision denying certification by the Senior Manager, Business

Diversity. Such appeal must be made in writing no later than 90 days after the date of

final decision and submitted in accordance with 49 CFR Part 26.89 and Authority’s DBE

Policy and Program, Section 9-USDOT Certification Appeal Procedures and Enforcement

Actions to:

U. S. Department of Transportation

Departmental Office of Civil Rights

External Civil Rights Programs Division (S-33)

1200 New Jersey Ave., S.E.

Washington, DC 20590

Telephone (202) 366-1930

Alt Phone (800) 532-1169

Fax (202) 366-7228

IV. REMOVAL OF CERTIFICATION

Procedures for removal of certification are contained in Attachment 6 which is attached

hereto and incorporated herein.

SUBPART D – GOALS, GOOD FAITH EFFORTS, AND COUNTING

I. BASIC OVERALL GOAL REQUIREMENT (Section 23.41)

A. The Authority will establish two separate overall ACDBE goals;goals: one for car

rentals and another for concessions other than car rentals. The overall goals will

cover a three-year period and the Authority will review the goals annually to

make sure the goals continue to fit the Authority’s circumstances. The Authority

will report any significant overall goal adjustments to the FAA.

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B. If the average annual concession revenues for car rentals over the preceding

three years do not exceed $200,000, the Authority will not need to submit an

overall goal for car rentals. Likewise, if the average annual concession revenues

for concessions other than car rentals over the preceding three years do not

exceed $200,000, the Authority will not need to submit an overall goal for

concessions other than car rentals. The Authority understands that revenue

means total revenue generated by concessions, not the fees received by the

Airport from concessionaires.

C. The Authority’s overall goals will provide for participation by all certified ACDBEs

and will not be subdivided into group-specific goals, except to divide into car

rental and other than car rental as noted in paragraph A. above.

II. CONSULTATION IN GOAL SETTING (Section 23.43)

A. The Authority consults with stakeholders to review the overall goals submitted

to the FAA. Stakeholders will include, but not be limited to, minority and

women’s business groups, community organizations, trade associations

representing concessionaires currently located at the Airport, as well as existing

concessionaires themselves, and other officials or organizations which could be

expected to have information concerning the availability of disadvantaged

businesses, the effects of discrimination on opportunities for ACDBEs, and the

Authority’s efforts to increase participation of ACDBEs.

B. The Authority will conduct meetings with stakeholders, including trade and

minority/women business organizations, ACDBE firms and current

concessionaires prior to soliciting any new opportunity.

III. OVERALL GOALS (Section 23.45)

A. If a new concession opportunity arises during the three-year time period of an

overall goal with an estimated average of annual gross revenues anticipated to

be $200,000 or greater, the Authority will submit an appropriate adjustment to

its overall goal to FAA for approval at least six months before executing the new

concession agreement.

B. The Authority will establish overall goals in accordance with the two-step

process as specified in Section 23.51. After determining the total gross receipts

for the concession activity, the first step is to determine the relative availability

of ACDBEs in the market area, base figure. The second step is to examine all

relevant evidence reasonably available in the Authority’s jurisdiction to

determine if an adjustment to the Step 1 base figure is necessary so that the goal

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reflects as accurately as possible the ACDBE participation the Authority would

expect in the absence of discrimination. Evidence may include, but is not limited

to, past participation by ACDBEs, a disparity study, and evidence from related

fields that affect ACDBE opportunities to form, grow, and compete (such as

statistical disparities in ability to get required financing, bonding, insurance; or

data on employment, self-employment, education, training and union

apprenticeship).

C. A description of the methodology to calculate the overall goal for concessions

other than car rentals, the goal calculations, and the data the Authority relied on

can be found in Attachment 3 to this Program.

D. A description of the methodology to calculate the overall goal for car rentals, the

goal calculations, and the data the Authority relied on can be found in

Attachment 4 to this Program.

IV. PROJECTION OF ESTIMATED RACE-NEUTRAL & RACE-CONSCIOUS PARTICIPATION

(Section 23.45(f) and Section 23.25(d-e))

The breakout of estimated race-neutral and race-conscious participation can be found

with the goal methodology in Attachments 3 and 4 to this Program. This section of the

Program will be reviewed annually when the goal calculation is reviewed under 23.41(c).

V. CONCESSION SPECIFIC GOALS (Section 23.25 (c) (e) (1) (iv))

A. The Authority will use concession specific goals to meet any portion of the

overall goals the Authority does not project being able to meet using race-

neutral means. Concession specific goals are established so that, over the period

to which the overall goals apply, they will cumulatively result in meeting any

portion of the Authority’s overall goal that is not projected to be met through

the use of race-neutral means.

B. The Authority will establish concession specific goals only on those concessions

that have direct ownership arrangements (except car rentals), sublease, or

subcontracting possibilities.

C. The Authority will not need to establish a concession specific goal on every such

concession and the size of concession specific goals will be adapted to the

circumstances of each such concession (e.g., type and location of concession,

availability of ACDBEs.)

D. If the objective of a concession specific goal is to obtain ACDBE participation

through direct ownership with an ACDBE, the Authority will calculate the goal as

Authority ACDBE Policy and Program 17 of 24 03-07-202408-05-2021

a percentage of the total estimated annual gross receipts from the concession.

(23.25(e)(1)(i))

E. If the concession specific goal applies to purchases and/or leases of goods and

services, the Authority will calculate the goal by dividing the estimated dollar

value of such purchases and/or leases from ACDBEs by the total estimated dollar

value of all purchases to be made by the concessionaire. (23.25(e)(1)(ii))

VI. GOOD FAITH EFFORTS ON CONCESSION SPECIFIC GOALS (Section 23.25(e) (1) (iii), (iv))

A. To be eligible to be awarded a concession that has a concession specific goal,

bidders/offerors must make good faith efforts to meet the goal. A

bidder/offeror may do so either by obtaining enough ACDBE participation to

meet the goal or by documenting that it made sufficient good faith efforts to do

so. (23.25(e) (1) (iv)). Examples of good faith efforts are found in Appendix A to

49 CFR Part 26. The procedures applicable to 49 CFR Sections 26.51 and 26.53

regarding contract goals apply to the Authority’s concession specific goals.

Specifically:

1. Demonstration of good faith efforts (26.53(a) & (c))

a. The Senior Manager, Business Diversity is responsible for

determining whether a concessionaire who has not met the

concession specific goal has documented sufficient good faith

efforts to be regarded as responsive.

b. The Senior Manager, Business Diversity will ensure that all

information is complete and accurate and adequately documents

the bidder/offeror’s good faith efforts before it commits to the

concession agreement with the bidder/offeror.

2. Information to be submitted (Section 26.53(b))

a. The Authority treats bidder/offeror’s compliance with good faith

effort requirements as a matter of responsiveness.

b. Each solicitation for which a concession specific goal has been

established will require the concessionaires to submit the

following information on the forms in Attachment 5:

(1) The names and addresses of ACDBE firms or ACDBE

suppliers of goods and services that will participate in the

concession;

Authority ACDBE Policy and Program 18 of 24 03-07-202408-05-2021

(2) A description of the work that each ACDBE will perform;

(3) The percentage amount of the participation of each

ACDBE firm/supplier participating;

(4) Written and signed documentation of commitment to use

an ACDBE whose participation it submits to meet a

contract goal;

(5) Written and signed confirmation from the ACDBE that it is

participating in the concession as provided in the prime

concessionaire’s commitment; and

(6) If the contract goal is not met, evidence of good faith

efforts.

c. To be considered responsive to the ACDBE requirements, firms

proposed to participate as ACDBEs must be certified at the time

bids/proposals are opened by the Authority.

d. In determining whether or not the apparent successful

bidder/offeror has made such good faith efforts, some of the

factors the Authority will consider are the following:

(1) Whether the bidder/offeror attended any pre-solicitation

or pre-bid/proposal meetings scheduled by the Authority

to inform certified ACDBEs of contracting and

subcontracting opportunities.

(2) Whether the bidder/offeror advertised at least ten days

prior to bid opening or proposal submission in newspapers

of general circulation, trade associations, and minority-

focus media concerning subcontracting opportunities.

(3) Whether the bidder/offeror provided written notice by

certified mail at least ten days prior to bid/proposal

opening to a reasonable number of specific certified

ACDBEs that their interest in the contract was being

solicited.

(4) Whether the bidder/offeror followed up initial solicitations

of interest by contacting certified ACDBEs to determine

with certainty whether the certified ACDBEs were

interested.

(5) Whether the bidder/offeror selected portions of the work

to be performed by certified ACDBEs in order to increase

Authority ACDBE Policy and Program 19 of 24 03-07-202408-05-2021

the likelihood of meeting the ACDBE goals including,

where appropriate, breaking down contracts into

economically feasible units to facilitate ACDBE

participation.

(6) Whether the bidder/offeror provided interested certified

ACDBEs with adequate information about the plans,

specifications or requirements of the contract.

(7) Whether the bidder/offeror negotiated in good faith with

interested certified ACDBEs, not rejecting certified ACDBEs

as unqualified without sound reasons after a thorough

investigation of their capabilities.

(8) Whether the bidder/offeror made efforts to assist

interested certified ACDBEs in obtaining bonding, lines of

credit, or insurance required by the Authority or

bidder/offeror.

(9) Whether the bidder/offeror effectively used the services

of available minority community organizations; minority

contractor groups; local, state and federal minority

business assistance offices; and other organizations that

provide assistance in the recruitment and placement of

certified ACDBEs.

(10) Whether the scope of work submitted by the

bidder/offeror to any certified ACDBE concessionaire,

certified ACDBE subconcessionaire, certified ACDBE

supplier, certified ACDBE sub-supplier, and so on, either

directly or indirectly, was intended to achieve, in whole or

in part, the specified ACDBE participation.

(11) Whether the replies or quotes from certified ACDBEs in

response to scopes of work submitted to them by

concessionaires, either directly or indirectly, were fair and

responsive.

(12) Whether the bidder/offeror fairly represented the ACDBE

quotations in the formulation of the concessionaire’s bid

as shown on the concessionaire’s bid tabulation or other

work documents to support the concessionaire’s bid.

Authority ACDBE Policy and Program 20 of 24 03-07-202408-05-2021

(13) Whether all other bidders/offerors achieved the ACDBE

goal.

B. Administrative Reconsideration (Section 26.53(d))

1. Within five days of being informed by the Authority that it is not

responsive because it has not documented sufficient good faith efforts, a

bidder/offeror may request administrative reconsideration. The

bidder/offeror should make this request in writing to:

Vice President of Procurement

Hillsborough County Aviation Authority

Tampa International Airport

P. O. Box 22287

Tampa, Florida 33622

Attn: Vice President of Procurement

Email: vpofprocurementdirectorofprocurement@tampaairport.com

2. The Vice President of Procurement will assign a Director of Procurement

or other senior Procurement official not responsible for the particular

solicitation to conduct the administrative reconsideration. The

Reconsideration Official will not have played any role in the original

determination that the bidder/offeror did not document sufficient good

faith efforts.

3. As part of this reconsideration, the bidder/offeror will have the

opportunity to provide written documentation or argument concerning

the issue of whether it met the goal or made adequate good faith efforts

to do so. The bidder/offeror will have the opportunity to meet in person

with the Authority’s Reconsideration Official to discuss the issue of

whether it met the goal or made adequate good faith efforts to do so.

The Reconsideration Official will send the bidder/offeror a written

decision on reconsideration, explaining the basis for finding that the

bidder/offeror did or did not meet the goal or make adequate good faith

efforts to do so. In the event a bidder/offeror protests the decision of

the Reconsideration Official, the bidder/offeror must submit a formal bid

protest of the decision in accordance with the Authority’s Policy P512

Procurement Protests, which is available on the Authority’s website. The

result of the reconsideration process is not administratively appealable to

the USDOT.

C. Good Faith Efforts when an ACDBE is replaced on a concession (Section 26.53(f))

Authority ACDBE Policy and Program 21 of 24 03-07-202408-05-2021

1. The Authority will monitor the compliance and good faith efforts of

concessionaires in meeting the requirements of this Program. The

Authority will have access to the necessary records to examine such

information as may be appropriate for the purpose of investigating and

determining compliance with this Program, including, but not limited to,

records, records of expenditures, contracts between concessionaire and

the ACDBE participant, and other records pertaining to the ACDBE

participation plan. The extent of ACDBE participation will be reviewed

prior to the exercise of any renewal, extension or material amendment to

the agreement to consider whether an adjustment in the ACDBE

requirements is warranted. Without limiting the requirements of the

agreement, the Authority reserves the right to review and approve all

sub-leases or subcontracts, in advance of their commencement, utilized

by the concessionaire for the achievement of its goals.

2. The Authority will require that a prime concessionaire not terminate for

convenience an ACDBE listed in the ACDBE Report and then perform the

work of the terminated ACDBE by itself or by an affiliate without written

prior consent of the Authority. When an ACDBE is terminated or fails to

complete its work on the contract for any reason, the prime

concessionaire must make good faith efforts to find another ACDBE to

substitute for the original ACDBE. These good faith efforts will be

directed at finding another ACDBE to perform the same estimated gross

receipts (or in the case of a car rental concession, to sell the same dollar

amount of vehicles and other goods and services) under the contract as

the ACDBE that was terminated to the extent needed to meet the

established contract goal.

3. The Authority will include in each prime concessionaire contract a

provision for appropriate administrative remedies or default that the

Authority will invoke if the prime concessionaire fails to comply with

these requirements, including the right to terminate the contract.

4. The Authority will also implement a monitoring and enforcement

mechanism to ensure that work committed to ACDBEs at contract award

is actually performed by the ACDBEs. This mechanism will provide for a

running tally of actual ACDBE attainments (e.g., payment actually made

to ACDBE firms), including a means of comparing these attainments to

commitments. This will be accomplished by observation and monthly

reporting of gross receipts. In carrying out these monitoring and

enforcement activities, the Authority will analyze its organization

structure and staff resources needed to ensure compliance with these

ACDBE regulations and recommend additional staff as needed.

Authority ACDBE Policy and Program 22 of 24 03-07-202408-05-2021

D. Sample Proposal/Bid Specification

1. All invitations to bid, RFP’s or RFQ’s will state, in substantive part, that

“The requirements of 49 CFR Part 23, regulations of the USDOT, applies

to this concession. It is the policy of the Authority to practice

nondiscrimination based on race, color, sex, or national origin in the

award or performance of this contract. All firms qualifying under this

solicitation are encouraged to submit bids/proposals. Award of this

concession will be conditioned upon satisfying the requirements of this

proposal/bid specification. These requirements apply to all concessions,

firms and suppliers, including those who qualify as an ACDBE. An ACDBE

concession specific goal of ____ percent of (annual gross receipts; value

of leases and/or purchases of goods and services) has been established

for this concession. The concession firm will make good faith efforts, as

defined in Appendix A, 49 CFR Part 26, to meet the concession specific

goal for ACDBE participation in the performance of this concession.

The concession firm will be required to submit a Letter of Intent which

will include the following information: (1) the names and addresses of

ACDBE firms and suppliers that will participate in the concession; (2) A

description of the work that each ACDBE will perform; (3) The dollar

amount of the participation of each ACDBE firm participating; (4) Written

and signed documentation of commitment to use a ACDBE whose

participation it submits to meet a contract goal; (5) Written and signed

confirmation from the ACDBE that it is participating in the concession as

provided in the prime concessionaire’s commitment; and (6) If the

contract goal is not met, evidence of good faith efforts.”

VII. COUNTING ACDBE PARTICIPATION FOR CAR RENTAL GOALS (Section 23.53)

The Authority will count ACDBE participation toward overall goals for car rental as provided in

49 CFR 23.53.

VIII. COUNTING ACDBE PARTICIPATION FOR CONCESSIONS OTHER THAN CAR RENTALS

(Section 23.55)

The Authority will count ACDBE participation toward overall goals for other than car rental as

provided in 49 CFR 23.55.

IX. QUOTAS OR SET-ASIDES (Section 23.61)

Authority ACDBE Policy and Program 23 of 24 03-07-202408-05-2021

The Authority will not use quotas or set-asides as a means of obtaining ACDBE participation.

SUBPART E – OTHER PROVISIONS

I. EXISTING AGREEMENTS (Section 23.71)

The Authority will assess potential for ACDBE participation when an extension or option to

renew an existing agreement is exercised, or when a material amendment is made. The

Authority will use any means authorized by Part 23 to obtain a modified amount of ACDBE

participation in the renewed or amended agreement.

II. LONG-TERM EXCLUSIVE AGREEMENTS (Section 23.75)

The Authority will not enter into a long-term exclusive agreement for concessions without prior

approval of the FAA Regional Civil Rights Office. The Authority understands that a “long-term”

agreement is one having a term of longer than 5 years and understands that an “exclusive”

agreement is one in which an entire category of a particular business opportunity is limited to a

single business entity. If special, local circumstances exist that make it important to enter into a

long-term and exclusive agreement, the Authority will submit detailed information to the FAA

Regional Civil Rights Office for review and approval.

III. GEOGRAPHIC PREFERENCES (Section 23.79)

The Authority will not use a “local geographic preference”, i.e., any requirement that gives an

ACDBE located in one place an advantage over ACDBEs from other places, in obtaining business

as, or with, a concession at the Airport.

________________________________________

Gary W. Harrod, Vice Chairman

Hillsborough County Aviation Authority

Authority ACDBE Policy and Program 24 of 24 03-07-202408-05-2021

ATTACHMENTS

Attachment 1 Organizational Charts

Attachment 2 Monitoring and Enforcement Mechanisms

Attachment 3 Overall Goal Calculation for Concessions other than Car Rental

Attachment 4 Overall Goal Calculation for Car Rental Concessions

Attachment 5 Sample ACDBE Assurance and Participation Forms - Goal

Attachment 6 Procedures for Removal of ACDBE’s Eligibility

Chief Executive Officer

Joe Lopano

Chief Executive Officer

Joe Lopano

Executive Vice President

and General Counsel

Michael Stephens

Executive Vice President

and General Counsel

Michael Stephens

Executive Vice President

Operations & Customer Service

John Tiliacos

Executive Vice President

Operations & Customer Service

John Tiliacos

Executive Vice President

Marketing & Communications

Christopher Minner

Executive Vice President

Marketing & Communications

Christopher Minner

Executive Vice President

Finance & Procurement

Damian Brooke

Executive Vice President

Finance & Procurement

Damian Brooke

Vice President

Planning & Development

Jeff Siddle

Vice President

Planning & Development

Jeff Siddle

Director of Government

Affairs & Community

Relations

Gina Dew

Director of Government

Affairs & Community

Relations

Gina Dew

Vice President

HR & Administration

Elita McMillon

Vice President

HR & Administration

Elita McMillon

Assistant General Counsel

Scott Knight

Assistant General Counsel

Scott Knight

Vice President

Operations

Adam Bouchard

Vice President

Operations

Adam Bouchard

Vice President

Concessions & Commercial

Parking

Laurie Noyes

Vice President

Concessions & Commercial

Parking

Laurie Noyes

Director of Terminal Operations

& Guest Experience

Danny Glennon

Director of Terminal Operations

& Guest Experience

Danny Glennon

Director of Research &

Air Service Development

Alexander Heiter

Director of Research &

Air Service Development

Alexander Heiter

Vice President

Real Estate

Tony O’Brian

Vice President

Real Estate

Tony O’Brian

Vice President

Information Technology

Marcus Session

Vice President

Information Technology

Marcus Session

Vice President

Procurement

Matthew Bauer

Vice President

Procurement

Matthew Bauer

Vice President

Capital Programs

Dan Johnson

Vice President

Capital Programs

Dan Johnson

Director of Maintenance

Operations

James Surguine

Director of Maintenance

Operations

James Surguine

Vice President Public Safety

& Security

Chief Charlie Vazquez

Vice President Public Safety

& Security

Chief Charlie Vazquez

Senior Executive Assistant to

the CEO

Mary Baltzell

Senior Executive Assistant to

the CEO

Mary Baltzell

Vice President

Internal Audit

Laura Tatem

Vice President

Internal Audit

Laura Tatem

Vice President

Communications

Veronica Cintron

Vice President

Communications

Veronica Cintron

Fire Chief

Jim Billotte

Fire Chief

Jim Billotte

Director of Marketing

Jonathan Vaden

Director of Marketing

Jonathan Vaden

HILLSBOROUGH COUNTY

AVIATION AUTHORITY

Board of Directors

HILLSBOROUGH COUNTY

AVIATION AUTHORITY

Board of Directors

Assistant General Counsel

Michael Kamprath

Assistant General Counsel

Michael Kamprath

Director of

Design

Rich Coudurier

Director of

Design

Rich Coudurier

Director of Construction

John Mallory

Director of Construction

John Mallory

Vice President

General Aviation

Brett Fay

Vice President

General Aviation

Brett Fay

Director of ITS Operations

& Client Services

Brandon Taugner

Director of ITS Operations

& Client Services

Brandon Taugner

Director of ITS Enterprise

Applications Services

Kaseem Mabry

Director of ITS Enterprise

Applications Services

Kaseem Mabry

Director of Procurement

Tom Thalheimer

Director of Procurement

Tom Thalheimer

Director Non Capital

Procurement

Tara Camp

Director Non Capital

Procurement

Tara Camp

Director of

Commercial Real Estate

Randy Forister

Director of

Commercial Real Estate

Randy Forister

Director of Airport

Concessions

Stacey Nance

Director of Airport

Concessions

Stacey Nance

Director of Commercial

Parking &

Ground Transportation

Roop Johal

Director of Commercial

Parking &

Ground Transportation

Roop Johal

Director of

Human Resources

Nancy Duggan

Director of

Human Resources

Nancy Duggan

Director of

Enterprise Risk

Management

Justin Piazza

Director of

Enterprise Risk

Management

Justin Piazza

Director of

Airline Properties &

Contracts

VACANT

Director of

Airline Properties &

Contracts

VACANT

HILLSBOROUGH COUNTY AVIATION

AUTHORITY

Last updated 1/08/24 AT

Vice President

Maintenance

Ben Robins

Vice President

Maintenance

Ben Robins

Vice President

Finance

Tony Conza

Vice President

Finance

Tony Conza

Director of Finance

Operations and Capital

Programs

Daniel Porter

Director of Finance

Operations and Capital

Programs

Daniel Porter

Director of Airport Operations

& Emergency Management

Sarah Brammell

Director of Airport Operations

& Emergency Management

Sarah Brammell

Director of Planning

VACANT

Director of Planning

VACANT

Director of Communications

Emily Nipps

Director of Communications

Emily Nipps

Executive Vice President Planning

& Development & Maintenance

Smitha Radhakrishnan

Executive Vice President Planning

& Development & Maintenance

Smitha Radhakrishnan

Director of Financial

Planning & Reporting

Kevin Podsiad

Director of Financial

Planning & Reporting

Kevin Podsiad

Attachment 1

Page 1 of 2

Director of Government Affairs &

Community Relations

Gina Dew

Director of Government Affairs &

Community Relations

Gina Dew

Senior Manager, Business

Diversity

Cheryl Hawkins

Senior Manager, Business

Diversity

Cheryl Hawkins

Business Diversity Specialist

Bonnie Yauilla

Business Diversity Specialist

Bonnie Yauilla

Ethics, Diversity & ComplianceEthics, Diversity & Compliance

Last updated 2/12/2024 AT

Executive Vice President

and General Counsel

Michael Stephens

Executive Vice President

and General Counsel

Michael Stephens

Business Diversity Compliance

Specialist

Tania Padilla

Business Diversity Compliance

Specialist

Tania Padilla

Attachment 1

Page 2 of 2

Attachment 2 Page 1 of 2

Attachment 2

Monitoring and Enforcement Mechanisms

The Authority has available the following remedy to enforce the ACDBE requirements

contained in its contracts: breach of contract action, pursuant to the default and termination

terms of the contract.

In addition, the federal government has available several enforcement mechanisms that it may

apply to firms participating in the ACDBE program, including, but not limited to, the following:

1. Suspension or debarment proceedings pursuant to 49 CFR Part 23;

2. Enforcement action pursuant to 49 CFR Part 31; and

3. Prosecution pursuant to 18 USC 1001.

The Authority will implement various mechanisms to monitor program participants to ensure

they comply with Part 23, including, but not limited to the following:

1. The Authority will monitor the compliance and good faith efforts of

concessionaires in meeting the requirements of this Program. The Authority will

have access to the necessary records to examine such information as may be

appropriate for the purpose of investigating and determining compliance with

this Program, including, but not limited to, records, records of expenditures,

contracts between concessionaire and the ACDBE participant, and other records

pertaining to the ACDBE participation plan. The extent of the ACDBE

participation will be reviewed prior to the exercise of any renewal, extension or

material amendment to the agreement to consider whether an adjustment in

the ACDBE requirement is warranted. Without limiting the requirements of the

agreement, the Authority reserves the right to review and approve all sub-leases

or subcontracts, in advance of their commitment, utilized by the concessionaire

for the achievement of its goals.

2. The Authority will also implement a monitoring and enforcement mechanism to

ensure that work committed to ACDBEs at contract award is actually performed

by the ACDBEs. This mechanism will provide for a running tally of actual ACDBE

attainments (e.g., gross revenues generated by ACDBEs and/or payments made

to ACDBE firms), including a means of comparing these attainments to

commitments. This will be accomplished by observation and monthly reporting

of gross receipts. In carrying out these monitoring and enforcement activities,

the Authority will analyze its organization structure and staff resources needed

to ensure compliance with these ACDBE regulations and recommend additional

staff as needed.

Attachment 2 Page 2 of 2

3. The Authority will insert paragraph 1 above into its concession agreements and

management contracts.

4. The Authority will monitor for compliance all car rental, other than car rental,

concessions and management companies for each month submitted quarterly by

following these procedures:

A. Each company is required to submit a monthly gross receipts report to

Finance. Finance in turn uploads these reports into Propworks software

system whereby revenue data is uploaded into the Airport’s Business

Diversity Management System.

B. The Senior Manager, Business Diversity verifies that ACDBEs utilized are

currently certified with the Florida UCP.

C. The Senior Manager, Business Diversity creates a monthly ACDBE report

that compares the gross receipts for each company and previous year.

D. Reports are distributed to the DBE Liaison Officer.

Attachment 3 Page 1 of 8

Attachment 3

OVERALL GOAL CALCULATION FOR CONCESSIONS OTHER THAN CAR RENTAL

Federal Fiscal Years 2024 – 2026

Tampa International Airport

Hillsborough County Aviation Authority

Airport Sponsor: Hillsborough County Aviation Authority

Goal Period: From: October 1, 2023

Through: September 30, 2026

ACDBE Goal for Terminal Concessions: 26.9%

(excluding rental cars)

Race-Conscious ACDBE Goal: 26.9%

Race-Neutral ACDBE Goal: 0.0%

Attachment 3 Page 2 of 8

Introduction

Tampa International Airport (the “Airport”) is owned and operated by the Hillsborough County

Aviation Authority (the “Authority”). Pursuant to the requirements of 49 CFR Part 23 (the

“Regulation”), the Authority is required to develop an overall three-year goal for non-car rental

concessions every three years.

Amount of Goal

The Authority’s overall goal for concessions other than car rental during the period beginning

October 1, 2023, and ending September 30, 2026, is 26.9%. The goal is expressed as a

percentage of the total estimated gross receipts for non-car rental concessions at the Airport.

The following are not included in the total gross receipts for concessions: (a) the gross receipts

of car rental operations, (b) the dollar amount of a management contract or subcontract with a

non-ACDBE, (c) the gross receipts of business activities to which a management contract or

subcontract with a non-ACDBE pertains, and (d) any portion of a firm’s estimated gross receipts

that will not be generated from a concession.

The Authority determines the market area for each concession opportunity as it arises based on

factors specific to the opportunity. The market area is defined as the geographical area in which

the substantial majority of firms which seek to do the specific concessions business with the

airport are located and the geographical area in which the firms receive a substantial majority of

concessions related receipts are located.

Methodology Used to Calculate Overall Goal

Overall goals have been determined by consolidating the total estimated gross receipts and

estimated ACDBE gross receipts for concession agreements that are or will become effective

during the goal period. Goals for each new concession are determined through an analysis of the

opportunity, potential for ACDBE participation and the relative availability of ACDBE firms in the

relevant geographic region who are ready, willing and able to perform under the agreement.

Gross receipts have been projected in consideration of the effects of COVID-19 and its impact on

the travel industry.

In accordance with 49 CFR Part 23.51(c) ACDBE goals for specific opportunities are determined as

follows:

Step 1: 23.51(c)

The Authority determines the base figure for the relative availability of ACDBEs for the specific

opportunity. The base figure may be calculated in a number of ways, depending upon what is

most appropriate for the specific opportunity.

Attachment 3 Page 3 of 8

Examples are as follows:

Option 1: Ready, willing, and able ACDBEs in the appropriate trade in the determined market

area

divided by all ready, willing and able companies in the appropriate trade in the determined

market

area.

The data source or demonstrable evidence used to derive the numerator may be either the

DBE/ACDBE directory (23.51(c)(1)) or an active participant list (23 .51(c)(2)).

Option 2: Disparity Study -There are no relevant disparity studies for concessions from the

Authority's geographic

area at this time. In the future, the Authority may elect to utilize a

disparity study should one become available.

Option 3: Goal of another sponsor

The Authority may use the goal of another airport or DOT

sponsor in the same, or substantially similar market if their overall goal is in compliance with 49

CFR Part 23. There are currently no other similar sponsors in the market area.

Option 4: Alternative Methods

The Authority may elect to use other methods to determine

the base

figure, however it must be based on demonstrable evidence of local market conditions

and be

designed arrive at a goal that is rationally related to the relative availability of ACDBEs in

the

market area.

Step 2: 23.51(d)

After calculating a base figure of the relative availability of ACDBEs, the Authority will

examine

evidence to determine what adjustment, if any, is needed to the base figure in order to

arrive at

the overall goal.

In accordance with 23.51(d), any adjustment will be designed to reflect as accurately as possible

the ACDBE

participation the Authority would expect in the absence of discrimination. In addition,

the Authority will

document the basis on which the base figure was adjusted using the specific

data, if any.

Concession Agreements

Tampa International Airport’s ACDBE Overall Goal for fiscal years 2024-2026 has been set by

consolidating contract goals for each concession category as described below:

Food/Beverage: Food/Beverage concessions at the airport are operated under six contracts,

expiring in 2027, 2028, and 2029. An ACDBE goal analysis was conducted prior to the award of

the new concession agreements and resulted in a goal of 29.0% for all food/beverage operations.

Since none of the Food/Beverage contracts are expiring during this goal period, the established

contract goal for each concession will continue throughout the three-year goal period and apply

to all food/beverage operations.

Attachment 3 Page 4 of 8

News/Gift/Specialty Retail/Duty Free: Retail concessions at the airport are operated under five

contracts. None of the retail agreements expire during this three-year goal period. Current goals

for news/gift and specialty retail agreements are set between 23.0% and 30% for retail

concessions, averaging 25.5%. The current goals will continue throughout the three-year goal

period.

Foreign Currency Exchange: The foreign currency exchange concession contract ceased

operation in 2020 as a result of the Covid-19 pandemic and has not yet been replaced. It is

expected to be resolicited and recommence operations in FY 2025-2026. Given the uncertainty

of the industry and the fact that there are no ACDBEs in this industry in the Florida UCP

DBE/ACDBE Directory other than one firm located in Los Angeles, the Authority anticipates that

this concession will not have ACDBE participation. A goal analysis for the concession will be

conducted prior to the solicitation.

Luggage Carts: The luggage cart contract expires in January 2025. The concession currently

contains an 11.0% ACDBE goal and is expected to continue with the goal throughout the goal

period.

Ground Transportation: Ground transportation concessions consist of taxis and shared ride

limos. An ACDBE participation goal of 5% of trips has been set for the taxi concession. The

concession reports only per-trip fees for this agreement. The Authority assumes that 5% of trips

equate to 5% of fees and has carried this goal throughout the three-year goal period. There is

currently no concession agreement for shared ride limos.

Security Bin Advertising: The security bin advertising contract will expire in March 2027, after

this three-year goal period. The current contract has no ACDBE goal and will continue without a

goal for the duration of this goal period.

Advertising: The current advertising concession contract will expire in March 2024. The

agreement currently includes an ACDBE goal of 8.7% based on gross receipts. It is anticipated

that the goal will continue throughout the three-year goal period. A goal analysis will be

conducted when the concession is resolicited.

Summary

Based on the above description of each non-rental car concession at the airport, the Authority

estimated gross receipts for each concession for each year and weighted and consolidated the

data to develop the overall three-year goal. The forecasts were developed in consideration of

historical information, projected enplanements, and data from various industry resources,

including the International. Air Transport Association (IATA) and the Federal Aviation

Administration (FAA). These forecasts represent the Authority’s best efforts to develop a current

assessment, based on data available at the time this report was compiled. Actual results may

differ significantly from forecasts due to the current unpredictability of such factors.

Attachment 3 Page 5 of 8

Table 1 below provides the estimated gross receipts for each year of the three-year goal period.

Table 1. Concessions Projected Gross Receipts - FY 2024 - 2026

Concession

Projected

2024

Projected

2025

Projected

2026

Projected

2024-2026

Food/Beverage $117,322,742 $123,188,879 $129,348,323 $369,859,944

News/Gift/Specialty/Duty

Free

$61,586,631 $64,665,963 $67,899,261 $194,151,854

Foreign Currency Exchange $0 $1,500,000 $1,575,000 $3,075,000

Luggage Cart $766,870 $805,214 $845,474 $2,417,558

Ground Transportation $655,691 $688,476 $722,899 $2,067,066

Security Bin Advertising $211,200 $221,760 $232,848 $665,808

Advertising $2,983,000 $3,132,150 $3,288,758 $9,403,908

Total Projected Gross

Receipts

$183,526,134 $194,202,441 $203,912,563 $581,641,138

ACDBE goals by category have been applied to the projected gross receipts by industry from Table

1 above with the following result:

Table 2. Concessions Receipts and Goals - FY 2024 - 2026

Concession

Estimated Gross

Receipts

ACDBE %

Goal

ACDBE Goal $

Food/Beverage $369,859,944 29.0% $107,259,384

News/Gift/Specialty/Duty Free $194,151,854 25.5% $49,508,723

Foreign Currency Exchange $3,075,000 0.0% $0

Luggage Cart $2,417,558 11.0% $265,931

Ground Transportation $2,067,066 5.0% $103,353

Security Bin Advertising $665,808 0.0% $0

Advertising $9,403,908 8.0% $818,140

Total Projected Gross Receipts

$581,641,138

27.2% $157,955,531

Overall Weighted Base ACDBE Goal

Using the above information, the Authority has calculated a weighted ACDBE base goal of 27.2%

for FYs 2024-2026. The base figure for the overall ACDBE goal was calculated by taking the ACDBE

estimated three-year gross receipts value of $157.9 million and dividing it by the total estimated

three-year gross receipts value of $581.6 million.

Attachment 3 Page 6 of 8

STEP 2: ADJUSTMENTS

The ACDBE regulation provides for a Step 2 adjustment of the developed base goal for a variety

of factors, including the current capacity of ACDBEs to perform work in the concession program,

as measured by the volume of work ACDBEs have performed in recent years. Table 3 below

provides the ACDBE achievement for the most recent five-year period.

Table 3. Past History of ACDBE Participation

Year

Total Gross

Receipts

ACDBE Gross

Receipts

% Achievement

FY 2022 $145,650,724

$40,178,234

27.6%

FY 2021 $93,140,468

$24,532,892

26.3%

FY 2020 $83174,456

$23,422,375

28.2%

FY 2019 $147,073,493

$38,952,362

26.5%

FY 2018 $128,322,304

$33,840,002

26.4%

Adjusting the base goal for the adjusted past history results in the following:

Base goal of 27.2% + Median ACDBE Participation (2018-2022) of 26.5% = 53.7%

53.7% ÷ 2 = 26.9%

There is no other relevant data to support an adjustment to the base goal. Therefore, the

proposed overall ACDBE goal for the three-year period commencing October 1, 2023, and ending

September 30, 2026, is 26.9%.

Proposed Overall Three-Year Goal for FY 2024-2026 = 26.9%

Breakout of Estimated Race-Neutral & Race Conscious Participation

Section 23.51

The ACDBE goals set forth in this document have been set as race-conscious goals in the current

agreements. As these contracts will continue throughout the three-year goal period, the ACDBE

goals expressed herein have been implemented as race-conscious goals. In the event future

opportunities become available, efforts will be made to utilize race neutral methods to achieve

any established goal to the maximum extent practicable.

The Authority will use the following race-neutral measures to increase ACDBE participation. The

Authority understands that it will be expected to actually take these steps, and this is not merely

a paper exercise.

1. Locating and identifying ACDBEs and other small businesses who may be interested in

participating as concessionaires under 49 CFR Part 23;

2. Notifying ACDBEs of concession opportunities and encouraging them to compete, when

appropriate;

3. When practical, structuring concession activities so as to encourage and facilitate the

participation of ACDBEs;

Attachment 3 Page 7 of 8

4. Providing technical assistance to ACDBEs in overcoming limitations, such as inability to

obtain bonding or financing;

5. Ensuring that competitors for concession opportunities are informed during pre-

solicitation meetings about how the Airport’s ACDBE program will affect the

procurement process;

6. Providing information concerning the availability of ACDBE firms to proposers to assist

them in obtaining ACDBE participation.

Consultation with Stakeholders (23.43)

Approximately 99.5% of concession gross receipts will be generated over the three-year goal

period by continuing contracts. Stakeholder consultations were held as each opportunity

became available. Since the goals have already been set for each of these contracts, further

stakeholder consultation would have no impact. The Authority will conduct meetings with

stakeholders, including trade and minority/women business organizations, ACDBE firms and

current concessionaires prior to soliciting any new opportunity.

New Opportunities

If a new concession opportunity arises prior to the end of this goal period and the estimated

average of annual gross receipts are anticipated to be $200,000 or greater, the Authority will

submit an appropriate adjustment to the overall goal. This will be submitted to FAA for approval

prior to executing the new concession agreement. (23.45(i)).

Goods and Services

The Authority can meet the percentage goal by including the purchase from ACDBEs of goods

and services used in businesses conducted at the airport. The Authority, and the businesses at

the airport, shall make good faith efforts to explore all available options to achieve, to the

maximum extent practicable, compliance with the goal through direct ownership

arrangements, including joint ventures and franchises. The dollar value from purchases of

goods and services from ACDBEs may be added to the numerator, and the dollar value from

purchases of goods and services from all firms (ACDBEs and non-ACDBEs) may be added to the

denominator.

Management Contract or Subcontract

The Authority can meet the percentage goal by including any business operated through a

management contract or subcontract with an ACDBE. The Authority will add the dollar amount

of a management contract or subcontract with an ACDBE to the total participation by ACDBEs

in airport concessions (both the numerator AND the denominator) and to the base from which

the airport’s percentage goal is calculated. However, the dollar amount of a management

contract or subcontract with a non-ACDBE and the gross revenue of business activities to which

the management contract or subcontract pertains will not be added to this base in either the

numerator or denominator. While the Authority realizes that this appears to go against the

normal rules and rationale for goal-setting, it understands that this method is nevertheless

required by statute.

Attachment 3 Page 8 of 8

Joint Venture Agreements

The Authority can also meet the percentage goal by including any business operated through a

joint venture agreement that includes a certified ACDBE as one of the participants. In July 2008,

the FAA issued Guidance for counting ACDBE participation in joint venture agreements (the

“Guidance”). The Airport will count such participation in strict accordance with the Guidance.

Attachment 4 Page 1 of 7

Attachment 4

OVERALL GOAL CALCULATION FOR CAR RENTALS CONCESSIONS

Federal Fiscal Years 2024-2026

Tampa International Airport

Hillsborough County Aviation Authority

Introduction

Tampa International Airport (the “Airport”) is owned and operated by the Hillsborough County

Aviation Authority (the “Authority”). Pursuant to the requirements of 49 CFR part 23 (the

“Regulation”), the Authority is required to develop an overall three-year goal for car rental

concessions every three years.

Amount of Goal

The Authority’s overall goal for ACDBE participation in car rental concessions at Tampa

International Airport during the period beginning October 1, 2023, and ending September 30,

2026, is 2.8%.

Background Information

There are currently eight (8) rental car companies operating at Tampa International Airport out

of a consolidated car rental facility, hereafter referred to as Rental Car Center (“RCC”) operated

by an RCC third-party operator. Purchases for FY 2022, including purchases made directly by car

rental firms and those made by the RCC third-party operator, were approximately $192.2 million

and are estimated at approximately $636.2 million for the three-year period. The projections

used in the preparation of the car rental ACDBE concession goal, including purchasing forecasts,

represent the Authority’s best efforts to develop a current assessment, based on data available

at the time this report was compiled.

49 CFR Part 23 provides the following guidance for establishing concession goals:

§23.51(a) Your objective in setting a goal is to estimate the percentage of the base

calculated under §§23.47–23.49 that would be performed by ACDBEs in the absence of

discrimination and its effects.

(1) This percentage is the estimated ACDBE participation that would occur if there

were a “level playing field” for firms to work as concessionaires for your airport.

(2) In conducting this goal setting process, you are determining the extent, if any, to

which the firms in your market area have suffered discrimination or its effects in

connection with concession opportunities or related business opportunities.

Attachment 4 Page 2 of 7

(3) You must complete the goal-setting process separately for each of the two overall

goals identified in §23.41 of this part.

(b)(1) Each overall concessions goal must be based on demonstrable evidence of the

availability of ready, willing and able ACDBEs relative to all businesses ready, willing and

able to participate in your ACDBE program (hereafter, the “relative availability of

ACDBEs”).

(2) You cannot simply rely on the 10 percent national aspirational goal, your previous

overall goal, or past ACDBE participation rates in your program without reference to the

relative availability of ACDBEs in your market.

(3) Your market area is defined by the geographical area in which the substantial

majority of firms which seek to do concessions business with the airport are located and

the geographical area in which the firms which receive the substantial majority of

concessions-related gross receipts are located. Your market area may be different for

different types of concessions.

Counting Participation in Car Rentals

As provided and permitted by 49 CFR Part 23, the Authority has elected to set the Car Rental

concession goal based on the purchase of goods/services. The regulation provides for counting

ACDBE participation for car rentals as follows:

§23.53 How do car rental companies count ACDBE participation toward their goals?

(a) As a car rental company, you may, in meeting the goal the airport has set for you,

include purchases or leases of vehicles from any vendor that is a certified ACDBE.

(b) As a car rental company, if you choose to meet the goal the airport has set for you

by including purchases or leases of vehicles from an ACDBE vendor, you must also

submit to the recipient documentation of the good faith efforts you have made to

obtain ACDBE participation from other ACDBE providers of goods and services.

ownership arrangements, you may count such participation toward the goal the

airport has set for you.

(d) The following special rules apply to counting participation related to car rental

operations:

(1) Count the entire amount of the cost charged by an ACDBE for repairing vehicles,

provided that it is reasonable and not excessive as compared with fees customarily

allowed for similar services.

Attachment 4 Page 3 of 7

(2) Count the entire amount of the fee or commission charged by an ACDBE to manage a

car rental concession under an agreement with the concessionaire toward ACDBE goals,

provided that it is reasonable and not excessive as compared with fees customarily

allowed for similar services.

(3) Do not count any portion of a fee paid by a manufacturer to a car dealership for

reimbursement of work performed under the manufacturer's warranty.

(e) For other goods and services, count participation toward ACDBE goals as provided

in part 26, §26.55 and §23.55 of this part. In the event of any conflict between

these two sections, §23.55 controls.

(f) If you have a national or regional contract, count a pro-rated share of the amount

of that contract toward the goals of each airport covered by the contract. Use the

proportion of your applicable gross receipts as the basis for making this pro-rated

assignment of ACDBE participation.

Example to paragraph (f): Car Rental Company X signs a regional contract with an

ACDBE car dealer to supply cars to all five airports in a state. The five airports each

account for 20 percent of X's gross receipts in the state. Twenty percent of the

value of the cars purchased through the ACDBE car dealer would count toward the

goal of each airport.

Market Area

The Car Rental Concessions at Tampa International Airport are currently operated by eight (8)

different companies. Based on the types of goods/services purchased by these firms (e.g., auto

repair, insurance, fuel, etc.), the Authority has determined that the market area for the purchase

of goods and services is the state of Florida for purchases of goods/services that must be provided

on-site and national for other purchases. Vehicle purchases have not been reported; therefore,

the Authority has excluded vehicle purchases from the calculation.

Goal-Setting Step I

The regulation provides the following examples of potential approaches for accomplishing

Step 1, determining the base figure, as follows:

23.51(c) Step 1. You must begin your goal setting process by determining a base figure for

the relative availability of ACDBEs. The following are examples of approaches that you

may take toward determining a base figure. These examples are provided as a starting

point for your goal setting process. Any percentage figure derived from one of these

examples should be considered a basis from which you begin when examining the

evidence available to you. These examples are not intended as an exhaustive list. Other

methods or combinations of methods to determine a base figure may be used, subject to

approval by the FAA.

Attachment 4 Page 4 of 7

(1) Use DBE Directories and Census Bureau Data. Determine the number of ready, willing

and able ACDBEs in your market area from your ACDBE directory. Using the Census

Bureau's County Business Pattern (CBP) data base, determine the number of all ready,

willing and able businesses available in your market area that perform work in the same

NAICS codes. Divide the number of ACDBEs by the number of all businesses to derive a

base figure for the relative availability of ACDBEs in your market area.

2) Use an Active Participants List. Determine the number of ACDBEs that have participated

or attempted to participate in your airport concessions program in previous years.

Determine the number of all businesses that have participated or attempted to participate

in your airport concession program in previous years. Divide the number of ACDBEs who

have participated or attempted to participate by the number for all businesses to derive a

base figure for the relative availability of ACDBEs in your market area.

(3) Use data from a disparity study. Use a percentage figure derived from data in a valid,

applicable disparity study.

(4) Use the goal of another recipient. If another airport or other DOT recipient in the same,

or substantially similar, market has set an overall goal in compliance with this rule, you

may use that goal as a base figure for your goal.

(5) Alternative methods. (i) You may use other methods to determine a base figure for

your overall goal. Any methodology you choose must be based on demonstrable evidence

of local market conditions and be designed to ultimately attain a goal that is rationally

related to the relative availability of ACDBEs in your market area.

The Authority has decided to use the DBE Directories and Census Bureau Data method for

determining availability. The most recent available census bureau data is for 2021. The NAICS

codes for the various trades typically utilized by car rental concessions was determined through

a survey of car rental concessionaires and research and are shown on the chart below. For trades

that must be local as the work occurs on-site, we have used state of Florida as the relevant

geographic market. For all other trades, we have used a national market.

Attachment 4 Page 5 of 7

Table 1 – U.S. Census / Florida Unified Certification Program Directory

Description NAICS

2021

Census

FL UCP