ESBD_472874_1764100709088_EXHIBIT A - Execution of Offer 11.21.24.doc

DOC document 58 KB Posted

Attached to
Emergency Generator Maintenance Services
Solicitation number
RFP-759-26-004
Issued by
Harris County, Texas

About this file

This is an Execution of Offer form for a Request for Proposal (RFP) issued by the University of Houston System for Emergency Generator Maintenance Services in Texas. The document serves as the official offer submission sheet that respondents must complete, sign, and return with their proposals to be considered for contract award. Failure to submit this signed form results in automatic proposal rejection.

The form requires respondents to make comprehensive certifications and representations regarding their compliance with state and federal requirements, including franchise tax obligations, antitrust law compliance, accurate submission of information, and adherence to occupational safety and health standards. Respondents must certify their eligibility status, including whether they qualify as a Texas Bidder, Small Business, or Historically Underutilized Business (HUB), and confirm they will comply with any required HUB Subcontracting Plan with monthly progress reporting. Additional certifications address conflicts of interest with University of Houston System employees, non-receipt of compensation for RFP specification preparation, equal employment opportunity compliance, and certification that neither the respondent nor its holding companies or subsidiaries are listed under Section 889 or 1260H of the National Defense Authorization Act or owned by foreign adversaries. The form includes sections for acknowledging receipt of RFP addenda and a Certificate of Incumbency identifying individuals authorized to sign and bind the respondent to any resulting contract, with the requirement that the signatory hold a Vice President or higher position.

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THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET WILL RESULT IN THE REJECTION OF YOUR PROPOSAL.

1. By signature hereon, Respondent offers and agrees to furnish the products and/or services at the prices quoted and comply with all terms, conditions, requirements set forth in the RFP and documents incorporated therein including, but not limited to, the Contract Form.

2. By signature hereon, Respondent affirms that Respondent has neither given nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the Proposal. Failure to sign hereon, or signing with a false statement, shall void the Proposal and any resulting contracts, and the Respondent shall be removed from all proposal lists at this Agency.

3. By signature hereon, Respondent certifies that (a) Respondent is not currently delinquent in the payment of any franchise taxes due under Chapter 171 of the Texas Tax Code, or

(b) that Respondent is exempt from the payment of such taxes, or (c) that Respondent is an out-of-state entity that is not subject to the Texas franchise tax, whichever is applicable. A false certification shall be deemed a material breach of contract and, at the University's option, may result in cancellation of any resulting contract or purchase order.

4. By signature hereon, the individual signing on behalf of Respondent hereby certifies that neither such individual nor Respondent (including anyone acting for Respondent) has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Proposal any competitor or any other person engaged in such line of business.

5. By signature hereon, Respondent certifies that all statements and information prepared and submitted in response to the RFP are current, complete and accurate.

6. By signature hereon, Respondent certifies that if a Texas address is shown as Respondent’s address at/on , Respondent qualifies as a Texas Bidder as defined in Chapter 2155.444, Texas Government Code and that the preference indicated below is claimed under Chapter 2155.444, Texas Government Code:

() Agricultural product produced or grown in Texas () Texas Bidder is a service-disabled veteran

() Produced in Texas and/or offered by Texas Bidder () Produced in USA

() No Preference claimed

7. By signature hereon, Respondent certifies it is legally authorized to claim the following status pursuant to Texas law:

() Small Business (Chapter 2006.001, Texas Government Code)

() Historically Underutilized Business (Chapter 2161, Texas Government Code) ()

Certified by Texas Department of Commerce () Status not claimed

8. By signature heron, Respondent agrees that the Historically Underutilized Business (HUB) Subcontracting Plan (HSP), if required by this solicitation, will become a provision of any contract that results from this solicitation and the Respondent will utilize the subcontractors indicated in the HSP, unless a revision to the HSP is approved by the University. The Respondent will also provide monthly Progress Assessment Reports to the University during the life of the contract to verify compliance with the HSP in the manner indicated by the University.

9. By signature hereon, Respondent certifies as follows:

“Under Section 231.006, Texas Family Code, the consultant or applicant certifies that the individual or business entity named in this contract, proposal, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

10. If Respondent is required to make a certification pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If Respondent does not make that certification, Respondent must indicate that in its Response and state why the certification is not required.

11. By signature hereon, Respondent certifies that (a) no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exists between Respondent and an employee of any component university of the University of Houston System, (b) Respondent has not been an employee of any component university of the University of Houston System within the twelve (12) months immediately preceding the submission of the Proposal, and (c) under Section 2155.004, Government Code, Respondent certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.. These certifications are subject to administrative review and approval prior to the University entering into any contract with Respondent.

12. By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for the RFP. (Ref. Chapter 2155.004, Texas Government Code)

13. By signature hereon Respondent represents, warrants and covenants that all articles and services quoted in its Proposal meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (29 U.S.C. Chapter 15) and its regulations in effect or proposed as of the date of the RFP.

14. By signature hereon, Respondent warrants and covenants its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

15. By signature hereon, in accordance with Executive Order GA 48, Relating to the hardening of state government, Respondent certifies it and if applicable any of its holding companies or subsidiaries, is not:

A. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

B. Listed in Section 1260H of the 2021 NDAA; or

C. Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. 791.4; or D. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. 791.

Complete the following:

VIN No:

FEI No:

If Sole Owner, SSN:

If a Corporation:

State of Incorporation:

Charter No:

16. Addenda Checklist

Receipt is hereby acknowledged of the following addenda to this RFP. Initial if applicable.

No.1
No. 2
No. 3
No. 4
No. 5
No. 6
No. 7
No. 8
No. 9
No. 10

17. Certificate of Incumbency

By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the Proposal is authorized (a) to sign such documents on behalf of Respondent, (b) to bind Respondent under any contract that may result from the submission of the Proposal, and (c) to make the following certification of incumbency

The following individuals and/or positions are authorized to sign for (complete legal name of Respondent, including its entity type and state of formation) (“Respondent”) in order to bind Respondent in any contract or purchase order that results from the Proposal.

Name of Individual (optional) and/or Position in Company (required)

Instructions for Certificate of Incumbency:

1. Names of individuals authorized to sign for the company are optional but positions (job titles) are required.

2. If a limited partnership, individuals/positions listed must have authority to bind the general partner on behalf of the limited partnership.

3. Insert more rows for additional individuals/positions authorized to sign, if needed.

Submitted by:

(Respondent’s Complete Legal Name) (Authorized Signature)

(Printed Name/Title) – Must be VP or higher position (Date)

(Street Address)

(City, State, Zip Code) (Telephone Number) (Facsimile Number) (Email Address)

Note: The person signing the Execution of Offer must be a Vice President or higher position authorized to bind Respondent.

File details come from the government source that posted it. Updated .