While this model is new, a unified strategy could bring about a unique airport concession experience to the benefit of all participants. Airports would have to offer benefit packages to these employees in line with those provided to other employees of the airport. 4.1.2 Minimum Annual Guaranteed Concession Fee Payment. . Rent abatement should be tied to the changed circumstances caused by the public health emergency and done in accordance with Grant Assurances 22 and 24, as well as related statutes. leasehold at Washington Dulles International Airport (IAD). The AICPA State and Local Governments audit guide includes certain accounting guidance that has been cleared by GASB as Category B authoritative guidance. First championed by Martin Moodieone of the stalwarts of the concession industrythis model has airports, retailers, and suppliers cooperate in developing concession operations. However, it is unlikely that most airport operators have staff with specific expertise in concession operations and management. The Airports Authority of India (AAI) has kick-started the process of appointing ground handling agencies for 83 state-run airports for a . Most simply, the airport and vendor could agree to a fixed percentage rent. Notably, the GASB has deferred the implementation date of GASB Statement No. A concessionaire's rent structure in an airport may differ from the traditional model. Airlines have a significant stake in the quality of the concession program because of its impact on the passenger experience. This suggests that the best way to ensure an outstanding customer experience would be for this Trinity (or Trinity Plus, including the supplier) to work together. Alan has over two decades of experience in commercial/concession management, facility planning, financial analysis, and government procurement. Where do we go from here? North American airports generally believe that if a vendor is paying a MAG, there may be a business problem. Minimum Annual Guarantees. Given the sharp reduction in revenue that these concession vendors are now facing, they may not be able to meet their MAGs. There are several types of concessionaires that lease space to operate at the airport. The cost of design and construction for your space is going to be much higher. The current decline dwarfs those of the recent past, as enplanement levels have dropped by upwards of 90%. To ensure that the program is performed in accordance with law. By way of comparison, in the past two fiscal years (FY19 and FY20), the federal government has appropriated approximately $3.35 billion in regular Air Improvement Program (AIP) spending and an additional $400$500 million in discretionary AIP grants. In addition to the detailed guidance in the Revenue Use Policy, the CARES Act makes clear that the funds may not be used for any purpose unrelated to the airport. Project. Airlines are likely to oppose any PFC increase, and in the absence of any increase, infrastructure spending would likely be funded through additional appropriations to the Airport and Airway Trust Fund. Minimum Annual Guarantee: Each Proposer shall submit its proposal as a minimum annual guarantee (MAG) for each of the first two (2) years of the Concession Agreement. . As a result, if concessionaires produce lower sales because there is no traffic, it will result in space rental rates increasing. Considering all the current changes in our business, this model may be a solution to sharing risk and encouraging a strong representation of critical brands in airports. Lets consider six potential options. Regardless, this shifting of risk may not be acceptable to airports. Percentage Rent to the Board as set forth in Article 1 based on Concessionaire's Gross Receipts, subject to a Minimum Annual Guarantee (MAG) as set forth in Article 1, and as further provided below. The city may extend the action for an additional 30-day . Airports would also have to hire and manage many additional hourly employees. However, we recommend that you consider the underlying principles of Uniform Guidance and the terms and conditions of the FAA while administering the funds. October 09, 2020, 11:40 a.m. EDT 4 Min Read. The federal share for FY 2018 and 2019 Supplemental Discretionary grants wont increase. Respondents will propose both a MAG and a Percentage (%) of Annual Gross Revenue, the greater of which will be paid . That will, in turn, harm the concession program. Minimum Annual Guarantee. A collective of travel retailers have agreed that operational contracts hinging on minimum annual guarantees (MAGs) are no longer workable in a Covid-ravaged air transport climate and must be reformed. If relief drives airline costs to a significantly higher level, thereby reducing airport cost-competitiveness, airlines may choose not to fly to the airport or to operate fewer services. The adjustment in Guaranteed Annual Rent may not, in any event, result in a decrease in the current amount of Minimum Annual Guaranteed Rent.. Any increase in Minimum Annual Guaranteed Rent shall be based upon an average increase in the index calculated over a period of 90 days prior to the end of the current five year term. June 9: Extending the leases of current airport, dining, and retail (ADR) tenants by up to three years, including a temporary suspension of the Minimum Annual Guarantee (MAG) for ADR tenants through the end of 2020, and possibly extending this policy into 2021. A master operator, or sometimes referred to as an institutional operator, serves as a master lessee and either provide or sublease concessionaires for the airport. COVID-19 has sent shockwaves throughout the world. Given the sharp reduction in revenue that these concession vendors are now facing, they may not be able to meet their MAGs. Concessionaires need to understand this new business reality when they ask for relief. Airports maintain goals of working with Disadvantaged Business Enterprises or more commonly referred to as DBEs. Here are some others. CREDIT UPDATE Prior to the pandemic, Terminal 4 was observing strength in its operational performance with enplanements reaching 10.8 million in 2019, the leader across all terminals at JFK. Add it up, and the cost of operating at an airport is often higher than operating at a typical mall. The competitive landscape may beby necessityaltered. The CARES Act roughly triples the amount of money flowing from the federal government directly to airports for 2020. Airport sponsors must certify compliance with the CARES Act employment requirements at the time of grant execution and report employment totals quarterly on June 30, Sept. 30, and Dec. 31, 2020. Given the focus on bottom line profits, the investment in variable costssuch as employees, training, maintenance, and product developmentrequired to earn additional sales may no longer make economic sense. As is becoming evident, basing financial remuneration on an aspirational or required numberor even recent experiencecan fail. What this option does do is change the distribution of risk. These funds are available only to sponsors as defined in Section 47102 of title 49, United States Code (U.S.C. Because this rate base is not related to passenger numbers, it is equally as inflexible as a MAG set by any other means in the event of significant changes in enplanements. HMS Host, the food and beverage concessionaire at Clinton National, is required to pay a minimum annual guarantee of $594,000, which works out to $49,500 monthly under the terms of its contract. While the airport might invest capital in the joint venture, it must be involved in a management committee overseeing the business. 6 . While the airport might invest capital in the joint venture, it must be involved in a management committee overseeing the business. Airports would also have to hire and manage many additional hourly employees. Some airports have had huge success in meeting ACDBE goals with the developer model. The company, which . Airports outside of North America are already experiencing the benefit of joint ventures between the airport operator and concession operators. The entire concessions space is typically leased out to a single company who is responsible for subletting the spaces. At least $500 million is available to increase the federal share to 100% for grants awarded under the fiscal year 2020 appropriations cycle for FY20 Airport Improvement Program (AIP) and FY20 Supplemental Discretionary grants. FBO/SASO: NOTE: New model commercial contracts will require a complete rebuild of the airport's financial model, along with revised relations with financiers. Duty Free Americas Miami offered a minimum annual guarantee to the airport of $20 million -- topping the $18.5 million offered by Dufry Miami Retail Partnership and about $9 million more than two . Concessionaires pay the Airport Authority a percentage of their gross sales each month, which is one-twelfth of a pre-determined minimum annual guarantee (MAG). Guarantee: 50% of Minimum Annual Guarantee. If you are a sponsor who controls multiple airports the FAA has stated in its CARES Act FAQ, an airport sponsor may use funds at any airport under its control. Delta will pay market rates to lease these three additional Delta-preferred gates with a minimum annual guarantee (MAG). Up to $2 billion will go to large, medium, and small hub airports, allocated based on AIP primary entitlement formulas. a minimum annual guarantee or MAG annually, which more or less translates to rent. A prepaid monthly "lease" to do business on the property. If an airport operator closes a concourse or a terminal, it would need to eliminate some concession spaces from its contracts, which may render some deals no longer viable. . The Board of Airport Commissioners at Los Angeles World Airports has recently approved a recommendation by management to permit concessionaire relief measures, including moving all concessionaires with contracts based on Minimum Annual Guarantee fee payments to percentage rent-based agreements . Minimum Annual Guarantee (MAG). Airport vendors typically pay a portion of their revenues to the MAC, and those payments can't fall below the minimum annual guarantee. While the bulk of the $10 billion appropriated for airport sponsors can be used to make bond principal and interest payments if necessary, airport sponsors may be faced with difficult decisions about how to prioritize needs while under financial stress. The future of airport concessions in a post-COVID-19 world, COVID-19's impact on commercial aviation: Customer survey findings, Why sustainable aviation is more than a flight of fancy, Sustainable aviation: A guide for aviation professionals. Like their partners in the airline industry, airports have been dramatically affected by the slowdown in flights and passenger traffic associated with COVID-19. To meet aggressive congressional deadlines for request submissions, a new airport industry request is being made with three potential components: $13 billion in additional emergency assistance, a gap financing program for airports, and a touchless journey through security. MAG - Minimum Annual Guarantee. However, it is unlikely that most airport operators have staff with specific expertise in concession operations and management. The single factor most tied to concession success is the footfall past the concession locations. At least $100 million will go to general aviation airports, allocated based on categories published in the current NPIAS. Fixed Based Operators or FBOs, are service providers to many GA and corporate aircraft. Given that we are considering a new paradigm, airports and concessionaires may wish to consider three other business structure options. This financial shock has created a number of legal and financial issues. Airport Cargo Community system Bid Opening Date: 07/13/2021 05:00:00 PM Purchaser: Kevin Hanagan Organization: City of Philadelphia . Airports would also have to establish supply lines for products that they have not procured in the past. These cookies will be stored in your browser only with your consent. To promote the use of DBEs for federally funded projects. To level the playing field so that DBEs can compete . 636(a)(37)) that has been applied toward rent or minimum annual guarantee costs. If the airport sponsor determines that its in its best interest to defer the MAG, the revenue should still be recorded in the period earned, and the receivable should be considered for treatment as noncurrent depending on the new repayment terms. Concessionaires need to understand this new business reality when they ask for relief. The Airport has also experienced a reduction in passengers and operations as a result of . Manchester Airport Group in the U.K. had started to operate a restaurant in their home airport before the pandemic, so there is precedent for this strategy. NOTICE OF INTENTION TO ENTER INTO FOUR SEPARATE CONCESSION LEASE AGREEMENTS WITH THE DAY ONE GROUP LLC NOTICE IS HEREBY GIVEN, to all interested parties, that the Clark County Board of Commissioners intends to enter into four separate Concession Lease Agreements (Agreements) for the operation of 5 specialty retail concessions with The Day One Group LLC (Company) serving Harry Reid . Airport Operations. From layoffs to business closings, social distancing to shopping only on days that correspond to the first letter of your last name, we have all seen and felt the impact. The Trinity model is particularly applicable to duty-free concessions, where it is practical to divide a store into departments wherein vendors (e.g., Channel, Rolex, Hermes) are given the ability to design and operate their mini outlets. Airports should carefully consider how they structure deals and their business models to ensure more flexibility to respond to potential future shocks. Receive perspectives on the industries and issues that matter. It is Minimum Annual Guarantee. The current decline dwarfs those of the recent past, as enplanement levels have dropped by upwards of 90%. Additionally, nonoperating revenues would generally include grants, among other things. Other organizations that havent yet addressed some of these pending standards may want to take advantage of the implementation delays. The joint venture model allows the airport to supply capital, likely at a lower cost than its business partners. SCOPE OF FEES TO BE PAID THE CITY BY CONCESSIONAIRES a. The Revenue Use Policy document defines permitted and prohibited uses of airport revenue. Find out how our purpose shapes our culture, people, and mission-driven work. Option 5: The Trinity (or Trinity Plus) model. "No. Attention: Finance & Administration Division . See how we help fast-changing industries succeed. PFCs have been set at $4.50/passenger since 2000, and increasing the PFC maximum has been a priority of the airport industry for some time. While many contracts include a "force majeure" clause, this does not necessarily cover pandemic scenarios and in many instances, there is no formal agreement in place to review commercial terms in the event of such a . A MAG is guarantees the airport sponsor a minimum amount of money from the concession, in the event they do not generate much revenue. SFO concession tenants pay the greater of a Minimum Annual Guarantee (MAG) or a percentage of Gross Receipts (Concession Fee), along with other cleaning and infrastructure fees. To ensure that firms meet the requirements of DBE qualification. - Suite 1 . Having been hit particularly hard, airports are searching for answers to problems on a scale that simply wasnt imaginable six months ago. This essentially flips the rent risk from being entirely on the vendors (in a MAG-based model) to being entirely on the airport. Necessary cookies are absolutely essential for the website to function properly. If any portion of the $2 billion is left over after distributing in accordance with 49 U.S.C. Concessions and retail often fill that need. While some of these answers require more information from the federal agencies, there are 10 burning questions we can answer now. Regardless, this shifting of risk may not be acceptable to airports. There are numerous ways to frame a contract without a MAG. Under one version of an infrastructure plan floated by House Democrats (the Moving Forward Framework), airports and airspace improvements would be funded, in part, by an increase in PFCs. While this methodology is feasible, it does not get to the actual number of passengers who see a concession location. Its clear that fixed MAGs are unable to provide the flexibility necessary to deal with severe occurrences. Guarantee: $50,000. When passenger traffic does come back, airports should rethink how their concession contracts work. Chris Dinsdale has worked at Budapest Airport since 2015, originally as CFO until March 2021, where he was nominated for the position as CEO . Weve compiled the top 10 things that you should know about the CARES Act funding for airports. For information on the business impacts of COVID-19, please visit ourCOVID-19 Resource Center, which we continue to update as the situation evolves. Rates and Fees are adjusted annually based on the Airport's fiscal year, from October 1st through September 30th. A. The key will be ensuring that airline charges remain fair and reasonable. To go along with that, concessions are often subject to Minimum Annual Guarantees (MAG). 4.1.3 Percentage Fees. The fallacy of Minimum Annual Guarantee (MAG) In times of continued and prolonged growth, airports have learned to depend upon MAGs. Without this expertise, the concession will almost certainly fail to operate at an optimum level. Airports are left with four basic responses: do nothing, suspend minimum annual guarantees (MAG), defer rent, or rent abatement. This document addresses common issues that have arisen or may arise for airport sponsors during the response to the COVID-19 public health emergency. Elsewhere, airports do not expect vendors to exceed their MAGs. Meet the Woman Stockpiling Cash to Sue San Francisco Over Housing Deadlock, Loeb Secures Defense Victory for the State of California and the California State Lands Commission, Loeb Lawyers Recognized in 2023 Edition of Best Lawyers in America, American Conference Institutes (ACI) 37th International Conference on the Foreign Corrupt Practices Act, $500 million, which can be used to fund any grant made under the FY20 Appropriations Act (P.L. Current generally accepted accounting principles suggests that entities should establish a policy that defines operating revenues for enterprise funds and use it consistently. Considering all the current changes in our business, this model may be a solution to sharing risk and encouraging a strong representation of critical brands in airports. As a result, if concessionaires produce lower sales because there is no traffic, it will result in space rental rates increasing. However, there is no relief of the obligation to withhold and remit the corresponding employee share. While the model has primarily been used for duty-free concessions, it has worked equally well for other types of concessions. If an airport can become a partner in the operation of a concession, it might also consider being a concession operator on its own. Flashcards. If an airport operator closes a concourse or a terminal, it would need to eliminate some concession spaces from its contracts, which may render some deals no longer viable. The $10 billion in funding is divided into four main categories: For airport grants, after the Secretary of Transportation announces awards under the CARES Act, each airport sponsor must submit a grant application to access those funds. Created by. Alternatively, different percentages could be charged for varying levels of sales or by assigning either fixed or variable rates to different product categories (e.g., one percentage for food and non-alcoholic beverage and a separate percentage for alcoholic drinks only). 84, Fiduciary Activities. As a result, airports may wish to consider going a step further. A per enplanement MAG would be a strain on most airports accounting departments, especially if the footfall varies by location. FBOs may collect the landing fees for GA aircraft or charge them a fuel-flowage fee on behalf of the airport. Elsewhere, airports do not expect vendors to exceed their MAGs. Unlike earlier phases of stimulus, Phase 4 has the potential to include a significant infrastructure focus. This essentially flips the rent risk from being entirely on the vendors (in a MAG-based model) to being entirely on the airport. As is becoming evident, basing financial remuneration on an aspirational or required numberor even recent experiencecan fail.