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SUBMITTAL - Offer and Acceptance
SUBMITTAL - Offer and Acceptance
OFFER BY THE OFFEROR
Offeror Statement. By signing below, I represent and certify that I am submitting a binding offer and am
authorized to bind the offeror to fully comply with the solicitation to which I submit this offer. I acknowledge
that I have received, read, and understood the entire solicitation document packet sections, including any
addenda issued, and agree to be bound by its terms. I understand and agree that offers submitted with
incomplete and/or unsigned offer and acceptance may not be considered and may be rejected as
nonresponsive.
Company Name:
Company Address:
City, State, Zip:
City Vendor Registration No.:
Printed Name of Officer or Authorized Representative:
Title:
Signature of Officer or Authorized Representative: X
Date:
Email Address: Phone Number:
ACCEPTANCE BY THE CITY
City Staff Only. By signing below, the City's representative affirms they are duly authorized and that they accept
this offer as clarified herein. Contractor is now bound to sell the materials or services specified in the Contract.
Contract Number: Effective Date:
Printed Name of City's Authorized Procurement Staff:
Title of City's Authorized Procurement Staff:
Signature: Date:
Email: Phone:
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SUBMITTAL - Offer and Acceptance
OFFER CERTIFICATIONS
Instructions. By submitting this offer, I, my firm and its principals (collectively "Offeror") certify the following
statements are true now and will be for the term of any resulting contract.
OFFEROR HEREBY CERTIFIES
1. Debarment.
Offeror is not currently suspended or debarred from offering on any federal, state, or City of Austin contracts.
2. Collusion.
Offeror has not in any way directly or indirectly (1) colluded, conspired, or agreed with any other person, firm,
corporation, offeror, or potential offeror to the amount of this offer or the terms or conditions of this offer; or
(2) paid or agreed to pay any other person, firm, corporation Offeror or potential Offeror any money or
anything of value in return for assistance in procuring or attempting to procure a contract or in return for
establishing the prices in the attached Bid or the Bid of any other Offeror.
3. Conflicts of Interest.
Offeror has not (1) received any compensation or a promise of compensation for participating in the
preparation or development of the underlying Solicitation or Contract documents; (2) have not otherwise
participated in the preparation or development of the underlying Solicitation or Contract documents, except
to the extent of any comments or questions and responses in the solicitation process, which are available to all
Offerors, so as to have an unfair advantage over other Offerors, provided that we may have provided relevant
product or process information to a consultant in the normal course of its business; or (3) have not participated
in the evaluation of Offers or other decision making process for this Solicitation and, if we are awarded a
Contract, no individual, agent, representative, consultant, subcontractor, or sub-consultant associated with us,
who may have been involved in the evaluation or other decision making process for this Solicitation, will have
any direct or indirect financial interest in the Contract, provided that we may have provided relevant product
or process information to a consultant in the normal course of its business.
4. Texas Local Government Code, Ch. 176.
In accordance with Chapter 176 of the Texas Local Government Code, Offeror has not (1) had an employment
or other business relationship with any local government officer of the City or a family member of that officer
that results in the officer or family member receiving taxable income; (2) given a local government officer of
the City one or more gifts, other than gifts of food, lodging, transportation, or entertainment accepted as a
guest, that have an aggregate value of more than $100 in the twelve-month period preceding the date the
officer becomes aware of the execution of the Contract or that City is considering doing business with the
Offeror; and (3) had a family relationship with a local government officer of the City in the third degree of
consanguinity or the second degree of affinity.
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SUBMITTAL - Offer and Acceptance
5. Texas Local Government Code, Ch. 2271.022, Boycotting Israel.
Pursuant to Texas Government Code 2271.002, Offeror verifies that we do not boycott Israel and will not
boycott Israel during the term of the resulting contract.
6. Texas Government Code, Ch. 2275, Specified Business with Specified Countries.
Pursuant to Texas Government Code Chapter 2275, Offeror verifies that if we have remote or direct access to
communication infrastructure systems, cybersecurity systems, the electric grid, hazardous waste treatment
systems, or water treatment facilities as a result of any City contract, that we are not owned by or the majority
of stock or other ownership interest of our firm is not held or controlled by (1) individuals who are citizens of
China, Iran, North Korea, Russia, or a Governor-designated country; or (2) a company or other entity, including
a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of
China, Iran, North Korea, Russia, or a Governor-designated country; or (3) headquartered in China, Iran, North
Korea, Russia, or a Governor-designated country.
7. ERCOT Protocols Sec. 16.1.4(1)(b), Lone Star Infrastructure Protection Act.
Pursuant to ERCOT Protocols Section 16.1.4(1)(b), we verify that if we provide Critical Electrical Grid Equipment
(CEGE) or Critical Electric Grid Services (CEGS), any CEGE or CEGS we provide were not manufactured,
produced, created, or otherwise provided by a Lone Star Infrastructure Protection Act (LSIPA) Designated
Company.
Critical Electric Grid Equipment (CEGE). (1) Equipment accessible by means of routable connectivity that,
as installed, can be used to gain remote access to or control of ERCOT System Infrastructure, the ERCOT
Wide Area Network (WAN), or Market Information System (MIS), if such equipment, if destroyed,
degraded, misused, or otherwise rendered unavailable would, within 15 minutes or less of its mis-
operation, non-operation, or required operation, adversely impact the reliable operation of ERCOT
System Infrastructure. Redundancy of affected facilities, systems, and equipment shall not be considered
when determining adverse impact. (2) For Load Resources, this definition only applies to equipment used
to send and receive ERCOT telemetry and ERCOT Dispatch Instructions. (3) For purposes of this
definition, "reliable operation of ERCOT System Infrastructure" means operating elements of ERCOT
System Infrastructure within equipment and electric system thermal, voltage, and stability limits so that
instability, uncontrolled separation, or cascading failures of ERCOT System Infrastructure will not occur
as a result of a sudden disturbance, including a cybersecurity incident, or unanticipated failure of system
elements.
Critical Electric Grid Services (CEGS). Services and software provided by a vendor for the operation,
control, monitoring, maintenance, or use of Critical Electric Grid Equipment (CEGE), excluding access
specifically allowed by the purchaser for product warranty or support purposes.
ERCOT System Infrastructure. The Transmission Facilities, distribution facilities, Resources, Settlement
Only Generators (SOGs), and Emergency Response Service (ERS) Resources that comprise the ERCOT
System and the physical and virtual cyber assets used to control the ERCOT System.
Lone Star Infrastructure Protection Act (LSIPA) Designated Company. An Entity (including an LSIPA
Affiliate) that meets any of the company ownership or headquarters criteria listed in Texas Business and
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SUBMITTAL - Offer and Acceptance
Commerce Code, Section 117.002(a)(2)(A)-(b)(2)(B) or Texas Government Code Section
2275.0102(a)(2)(A)-(b)(2)(B).
Lone Star Infrastructure Protection Act (LSIPA) Designated Country. China, Iran, North Korea, Russia, or
a country designated by the Governor as a threat to critical infrastructure pursuant to Texas Business
and Commerce Code, Section 117.003 or Texas Government Code, Section 2275.0103.
Lone Star Infrastructure Protection Act (LSIPA) Affiliate. An Entity that, directly or indirectly, through
one or more intermediaries, controls, is controlled by, or is under common control with the LSIPA
Designated Company. For purposes of this definition, "controls," "controlled by," or "under common
control with" shall mean (1) the ownership of 20 percent or more of the outstanding securities of an
Entity or (2) the power of an Entity, directly or indirectly, through one or more intermediaries, to direct
the management and/or policies and procedures of another Entity. Ownership by an Entity of equity
securities (whether publicly traded or not) of another Entity shall not result in control for purposes of
this definition if the holder owns (in its name or via intermediaries) 20 percent or more of the
outstanding securities of the Entity, and: (a) the securities are held as a passive investment; (b) the holder
does not have representation on the Entity's board of directors (or equivalent governing body) or vice
versa; and (c) the holder does not in fact exercise influence over day-to-day management decisions.
8. Texas Government Code, Ch. 2274, Boycotting Firearms Entities.
Pursuant to Texas Government Code Chapter 2274, Offeror verifies that, if we have 10 or more full-time
employees: (1) we do not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the resulting contract against
a firearm entity or firearm trade association.
9. Texas Government Code, Ch. 2276, Boycotting Energy Companies.
Pursuant to Texas Government Code Chapter 2276, Offeror verifies that, if we have 10 or more full-time
employees: (1) we do not boycott energy companies; and (2) will not boycott energy companies during the
term of the contract.
10. Austin City Code, Ch. 4-22, Wage Theft.
Pursuant to Austin City Code, Chapter 4-22, Offeror verifies that we has not been adjudicated for wage theft
related incidents as defined in Austin City Code Chapter 4, 4-22-1 (G) & (H) within five (5) years prior to the
solicitation date of this agreement. Furthermore, this firm agrees to abide by the items outlined in Section 4-
22-5 (B) and Section 4-22-6 (A) of the Austin City Code.
11. Austin City Council Resolution No 20191114-056, LGBTQ+ Conversion Therapy.
Pursuant to City Council Resolution No. 20191114-056, Offeror is not currently and will not during the term of
the Contract engage in practicing LGBTQ+ conversion therapy; referring persons to a healthcare provider or
other person or organization for LGBTQ+ conversion therapy; or Contracting with another entity to conduct
LGBTQ+ conversion therapy. If the City determines in its sole discretion that we have, during the term of the
resulting Contract, engaged in any such practices, the City may terminate this Contract without penalty to the
City.
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SUBMITTAL - Offer and Acceptance
12. Texas Government Code, Ch. 2252.002, Nonresident Bidders.
In accordance with Texas Government Code Ch. 2252.002, the City is required apply a reciprocal (counter)
preference to offers submitted by Nonresident Bidders, consistent with any preference granted by the state of
the Nonresident Bidder's principal place of business. The City is also required to apply a reciprocal preference
to a Resident Bidder or Nonresident Bidder's offer, consistent with any preference granted by the state where
the majority of the equipment, supplies, and/or materials were manufactured. As defined in the statute, a
Resident Bidder is an offeror whose principal place of business is in Texas, including a contractor whose ultimate
parent company or majority owner has its principal place of business in Texas. A Nonresident Bidder therefore
is an offeror that is not a Resident Bidder.
Instruction. Offerors shall read and check the applicable boxes in response to both certifications below.
OFFEROR HEREBY CERTIFIES
(Check One)
Offeror IS (YES) or IS NOT (NO) a Nonresident Bidder in accordance with Texas Government Code

YES

NO
Ch. 2252.002.
If "YES" is checked, provide the name of the State where Nonresident Bidder's Principal Place of
Business is located.
(State)
OFFEROR HEREBY CERTIFIES
(Check One)
Offer INCLUDES (YES) or DOES NOT INCLUDE (NO) Equipment, Supplies, and/or Materials in

YES

NO
accordance with Texas Government Code Ch. 2252.002.
If "YES" is checked, provide the name of the State where majority of the Equipment, Supplies,
and/or Materials were manufactured.
(State)
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SUBMITTAL - Small Business Preference
SMALL BUSINESS PREFERENCE - OPTIONAL
To encourage Small Businesses to participate in City solicitations and to increase the opportunities to do business with
the City, the City of Austin maintains a Small Business Preference Procurement or "Small Business" Program.
1 Instructions. Offerors meeting the following criteria are encouraged to complete this form and include it with their
Offer. Participation in this program or completion of this form is not required to respond to this solicitation.
A. Small Business. The City defines Small Businesses as any person or corporate entity holding a recognized
Certification that, among the Certification's requirements, includes compliance with the US Small Business
Administration's Small Business Size Standard.
B. Certifications Recognized. At this time, the City recognizes the following Certifications in determining a Small
Business for purposes of this program. (see Small Business Program on AustinTexas.gov here:
https://www.austintexas.gov/page/small-business-program).
2 Confirmation. The City may request additional information to confirm the Offeror's Certification and status,
including contacting the certifying entity.
3 Misrepresentation. If the City determines any of the Offeror's information regarding their Certification is incorrect,
the City may withhold any available preference. If the City determines the error was intentional, the City may
disqualify the Offeror from any resulting contract as being non-responsible. If the Offeror is awarded the contract,
and the misrepresentation is discovered after contract award, the City reserves the right to void the contract.
_____________________________________________________________________________________________
OFFEROR HEREBY CERTIFIES
Recognized Certification, including Small Business Size Standard
Certifying Entity:
Certification Name (ACRONYM):
Certification Number:
Certification Expiration Date:
SUBMITTAL - Small Business Preference Pg. 1

SUBMITTAL - Employer Certification Wage Theft Ordinance -
Responsibility Criteria
EMPLOYER CERTIFICATION
WAGE THEFT ORDINANCE - RESPONSIBILITY CRITERIA
CITY OF AUSTIN
Any Employer that submits an offer to the City seeking award of a city contract prior to awarding
a contract are required to certify that they have not been adjudicated for certain offenses
related to wage theft. See City of Austin Ordinance No. 20221201-031. "Wage theft" and
"adjudicated" are to be understood per the definitions set forth in Austin City Code
Chapter 4, 4-22-1 (G) and (H).
Solicitation or Agreement Title: IFB 9100 AAM1023
Solicitation Posting Date or Agreement Start Date:
All Employers are required to complete the City of Austin Wage Theft Training
within 30 days of being awarded a contract with the City.
Contact the Wage Compliance Team to register for a class.
I hereby certify, under penalty of perjury under the laws of the State of Texas, that the below
certification is true and correct and that I am authorized to make the following certification on behalf
of the firm listed herein.
CERTIFICATION:
This firm has NOT been adjudicated for wage theft related incidents as defined in Austin
City Code Chapter 4, 4-22-1 (G) & (H) within five (5) years prior to the above-stated
date. Furthermore, this firm agrees to abide by the items outlined in Section 4-22-5 (B)
and Section 4-22-6 (A) of the Austin City Code.
Firm
Name:
Name of Employer - Print Full Legal Entity Name of Firm
Signed:
Signature of Authorized Person Print Name of Person Making Certification for Firm
Title: Place:
Title of Person Making Certificate Print City and State Where Signed
Date:
EMPLOYER CERTIFICATION - WAGE THEFT PROGRAM
If you have questions or need more information, contact us at wagetheft@austintexas.gov. Revised 09.14.23

SUBMITTAL - Subcontracting Plan, No Goals
SUBCONTRACTING FORM
In accordance with the City of Austin's Minority and Women-Owned Business Enterprises (M/WBE) Procurement
Program (Program), Chapters 2-9A/B of the City Code and M/WBE Program Rules, this Solicitation was reviewed
by the Small and Minority Business Resources Department (SMBR) to determine if M/WBE Subcontractor Goals
could be applied. Due to insufficient subcontracting opportunities and/or insufficient availability of M/WBE
certified firms, SMBR has assigned no M/WBE subcontracting goals for this Solicitation. However, Offerors who
choose to use Subcontractors must comply with the procedures of City's M/WBE Procurement Program as
described below. Additionally, if the Contractor seeks to add Subcontractors after the Contract is awarded, the
Program requirements shall apply to any Contract(s) resulting from this Solicitation.
Instructions:
A. Offerors who DO NOT intend to use Subcontractors shall check the applicable "NO" box and complete this
Subcontract Form and include it with their sealed Offer.
B. Offerors who DO intend to use Subcontractors shall check the applicable "YES" box and complete this
Subcontract Form and the Subcontract Plan and include all with their sealed Offer.
OFFEROR CERTIFICATION
Company Name
City Vendor ID Code
Is the Offeror NO

City of Austin M/WBE
certified? YES Indicate one: MBE WBE MBE/WBE Joint Venture

NO, I DO NOT intend to use Subcontractors.

Using Subcontractors?
YES, I DO intend to use Subcontractors.

If I am awarded a Contract and I am not using Subcontractor(s) but later intend to add Subcontractor(s), before the Subcontractor(s) is
hired or begins work, I will comply with the City's M/WBE Procurement Program and submit the Request For Change form to add any
Subcontractor(s) to the Project Manager or the Contract Manager for prior authorization by the City and perform Good Faith Efforts
(GFE), if applicable. I understand that, if a Subcontractor is not listed in my Subcontracting Plan, it is a violation of the City's M/WBE
Procurement Program for me to hire the Subcontractor or allow the Subcontractor to begin work, unless I first obtain City approval of
my Request for Change form. I understand that, if a Subcontractor is not listed in my Subcontracting Plan, it is a violation of the City's
M/WBE Procurement Program for me to hire the Subcontractor or allow the Subcontractor to begin work, unless I first obtain City
approval of my Request for Change form.
Name and Title of Authorized Representative (Print or Type) Signature/Date
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SUBMITTAL - Subcontracting Plan, No Goals
SUBCONTRACTING PLAN
Instructions. Offerors who DO intend to use Subcontractors may use M/WBE Subcontractor(s) or perform Good
Faith efforts when retaining Non-certified Subcontractor(s). Offerors must determine which type of
Subcontractor(s) they anticipate using (CERTIFIED OR NON-CERTIFIED), check the box of their applicable decision,
and comply with the additional instructions associated with that selection.
I intend to use City of Austin CERTIFIED M/WBE Subcontractor(s).

Instructions. Offerors may use Subcontractor(s) that ARE City of Austin certified M/WBE firms. Offerors shall
contact SMBR (512-974-7600 or SMBRComplianceDocuments@austintexas.gov) to confirm if the Offeror's
intended Subcontractor(s) are City of Austin certified M/WBE and if these firm(s) are certified to provide the
goods and services the Offeror intends to subcontract. If the Offeror's Subcontractor(s) are currently valid
certified City of Austin M/WBE firms, the Offeror shall insert the name(s) of their Subcontractor(s) into the
table below and must include the following documents in their sealed Offer:
* Subcontracting Form (completed and signed)
* Subcontracting Plan (completed)
I intend to use NON-CERTIFIED Subcontractor(s) after performing Good Faith Efforts.

Instructions. Offerors may use Subcontractors that ARE NOT City of Austin certified M/WBE firms ONLY after
Offerors have first demonstrated Good Faith Efforts to provide subcontracting opportunities to City of Austin
M/WBE firms.
STEP ONE: Contact SMBR for an availability list for the scope(s) of work you wish to subcontract;
STEP TWO: Perform Good Faith Efforts (Check List provided below);
STEP THREE: Offerors shall insert the name(s) of their certified or non-certified Subcontractor(s) into the table
below and must include the following documents in their sealed Offer:
* Subcontracting Form (completed)
* Subcontracting Plan (completed)
* All required documentation demonstrating the Offeror's performance of Good Faith Efforts
(see Check List below)
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SUBMITTAL - Subcontracting Plan, No Goals
(Offerors may duplicate this page to add additional Subcontractors as needed)
SUBCONTRACTOR
City of Austin Certified MBE WBE Ethnic/Gender Code: NON-CERTIFIED

Company Name
Vendor ID Code
Contact Person Phone Number:
Additional Contact Info Fax Number: Email:
Amount of Subcontract $
List commodity codes &
description of services
Justification for not using a
certified MBE/WBE
SUBCONTRACTOR
City of Austin Certified MBE WBE Ethnic/Gender Code: NON-CERTIFIED

Company Name
Vendor ID Code
Contact Person Phone Number:
Additional Contact Info Fax Number: Email:
Amount of Subcontract $
List commodity codes &
description of services
Justification for not using a
certified MBE/WBE
SMBR Contact Information
SMBR Contact Name Contact Date Means of Contact Reason for Contact

Phone OR Email
FOR SMALL AND MINORITY BUSINESS RESOURCES DEPARTMENT USE ONLY:
Having reviewed this plan, I acknowledge that the Offeror HAS or HAS NOT complied with these instructions and City Code
Chapters 2-9A/B/C/D, as amended.
Reviewing Counselor Date
I have reviewed the complete Subcontracting Plan and CONCUR or DO NOT CONCUR with the Reviewing Counselor's
recommendation.
Director/Assistant Director or Designee Date
(062420) Page 3