Airport Concessions

Our Airport Concession practice falls under the umbrella of the firm's Public-Private Partnership (P3) Industry practice. The primary initiative of the P3 practice is to counsel clients involved in structuring partnerships between public sector agencies or authorities and private companies for the purpose of developing mutual economic opportunities.

Perkins Coie has a reputation for providing comprehensive and cost effective legal services and advisory counsel to airport concession operations throughout the United States. Our experience includes providing expertise, guidance and counsel to airport concessionaires operating in the food and beverage, news and gifts, duty free, bookstore operation and specialty retail businesses. Our expertise includes (a) providing counsel on Airport Concessions Disadvantaged Business Enterprises (ACDBE) certification issues; (b) preparing prime concession operators and ACDBE Partners for their response to Request For Proposals (RFP) from local airport authorities; (c) negotiating (or re-negotiating) concession license agreements as well as concession lease and sublease agreements with the local airport authority; (d) structuring joint venture partnerships for concession operations; (e) providing counsel to concessionaires with threatened or pending investigations by government authorities; and (f) representing airport authorities with internal auditing procedures as to contractor compliance with the Department of Transportation (DOT) and Federal Airline Administration (FAA) DBE policies. A representative sample of applicable transactions includes:

• Development of a Request for Qualifications (RFQ) process for Prime Concession Operators to select ACDBE joint venture partners; structuring the joint venture relationship between Prime Operator and ACDBE company, including counsel on issues of capitalization of ownership interest as well as control and management responsibilities.
• Representation of Joint Venture Concession Operator through the local government contract approval process, which includes, if necessary, representation before local government approval committees.
• Representation of Prime Concession Operators and certified ACDBE companies in structuring and negotiating joint venture and subtenant agreements.
• Representation of an ACDBE Certified Company in connection with structuring the investment of private funds into the Company.
• Representation of Concession Operators in reapplying for certification after initial denial of ACDBE certification.
• Representation of multiple Concession Operators seeking to obtain ACDBE certification.
• Representation of an ACDBE Certified Company in its appeal after being denied a renewal certification.
• Representation of a Concession Operator in structuring a supply chain model to achieve ACDBE participation consistent with federal regulations.
• Representation of a Concession Licensee in negotiating its construction contracts, as well as counsel on use of MBE/WBE/DBE subcontractors as required under Department of Transportation and local government procurement regulations.
• Representation of Joint Venture Concession Operators under investigation by local government authorities.
• Representation of Concession Licensors or Licensees in negotiating Concession License and Lease Agreements and disputes under the Retail Concession Lease and License Agreement.
• Representation of Airport Authorities in internal audit investigations to ensure compliance with FAA and DOT guidelines on: (a) joint venture relationships between Prime Operator and certified ACDBE companies; (b) contractor compliance with DBE policies; and (c) reporting on the use of certified DBE construction and subcontractor companies.
• Representation of multiple Concession Operators in the negotiation and documentation of Letters of Intent and Memorandums of Understandings for their business dealings.
• Representation of a Concession Operator in a dispute under a National Development Agreement.