IFB_5000_BRS1080_PAC2_v1.pdf

SUBMITTAL – Offer and Acceptance

Rev. 08/17/2026 IFB 5000 BRS1080 SUBMITTAL – Offer and Acceptance Pg. 1

SUBMITTAL – Offer and Acceptance – IFB 5000 BRS1080

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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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.

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.

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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 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.

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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. 5-4, Discriminatory Employment Practices Prohibited Pursuant to City Code Chapter 5-4, we certify that we are currently not engaged in any discriminatory employment practices and will not during the term of the Contract. We understand that any violation of this certification may result in rejection of our offer, cancellation of any Purchase Order, termination of the Contract, or suspension or debarment from future City contracts until deemed compliant with Chapter 5-4.

11. 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.

12. 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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13. 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 Texa s.

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)

☐ YES ☐ NO Offeror IS (YES) or IS NOT (NO) a Nonresident Bidder in accordance with Texas Government Code Ch. 2252.002.

If “YES” is checked, provide the name of the State where Nonresident Bidder’s Principal Place of Business is located.

(State)

(Check One)

☐ YES ☐ NO

Offer INCLUDES (YES) or DOES NOT INCLUDE (NO) Equipment, Supplies, and/or Materials in 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)

SUBMITTAL – Local Business Preference

SUBMITTAL – Local Business Preference – IFB 5000 BRS1080 Pg. 1

LOCAL BUSINESS PREFERENCE – OPTIONAL

To encourage Local Businesses to participate in City solicitations and to increase the opportunities to do business with the City, the City of Austin maintains a Local Business Preference Procurement or “Local Preference” Program.

Note: Local Business Preference may not be allowable, and will not be provided, in solicitations subject to federal funding.

1. Instructions. Offerors meeting the following criteria (both) 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. Local Business. The City defines a Local Business as any person or corporate entity with Headquarters located within the Local Area. The City defines Headquarters as (a) the location of the owners or leadership, where they provide direction and management of the entity, and/or (b) the location of the entity’s Administrative Center, where most of the entity’s important business and operational activities are managed.

B. Local Area. The City defines the Local Area as being within the Austin-Round Rock-San Marcos Metropolitan Statistical Area (MSA), including all areas within Bastrop, Caldwell, Hays, Travis and Williamson counties, or “Greater Austin”.

2. Confirmation. The City may request additional information to confirm the Offeror’s Headquarters, including resources like the following (https://geomap.ffiec.gov/ffiecgeomap/) and (https://mycpa.cpa.state.tx.us/coa/).

3. Misrepresentation. If the City determines any of the Offeror’s information regarding their Headquarters 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.

Headquarters Address

Physical Address of Offeror’s Headquarters:

Headquarters Certification

Functions provided at Offeror’s Headquarters, as defined above (check at least one).

☐ Location of the entity’s Owners or Leadership

☐ Location of entity’s Administrative Center https://geomap.ffiec.gov/ffiecgeomap/ https://mycpa.cpa.state.tx.us/coa/

SUBMITTAL – Small Business Preference

SUBMITTAL – Small Business Preference – IFB 5000 BRS1080 Pg. 1

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.

See details regarding the City’s Small Business Procurement Program on AustinTexas.gov at:

https://www.austintexas.gov/financial-services/small-business-program.

1. Instructions. Offerors may identify themselves as a recognized Small Business at their option. 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.

1.1. Who May Participate. Incentives under the Small Business Procurement Program are available to the following Offerors.

A. Small Business Primes. Offerors that are a Small Business themselves (Primes) may receive full preference, or

B. Small Business Subs. Offerors that are not a Small Business but include one or more Subcontractors that are Small Businesses (Subs) may receive partial preference. To qualify for the Small Business Subs incentives, combined Small Business subcontracting values must meet or exceed 5% of the total contract amount. If subcontracting values are not included in the Subcontracting Plan the Offer cannot receive partial preference.

1.2. Small Business Definition. 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.

1.3. 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 or Subcontractor’s Certification and status, including contacting the certifying entity.

3. Misrepresentation. If the City determines any of the Offeror’s information regarding their Certification or the information include regarding Subcontractor Certifications 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 CERTIFICATION (Select/Check One, Not Both)

☐ Offeror is a Small Business Certifying Entity:

Certification Name (ACRONYM):

Certification Number:

Certification Expiration Date:

☐ Offeror is Not a Small Business but will use Small Business Subcontractor(s)

Complete the attached Subcontracting Plan – No MBE/WBE Goals Form https://www.austintexas.gov/financial-services/small-business-program https://www.austintexas.gov/page/small-business-program

SUBMITTAL – Living Wage

Rev. 08/17/2026 SUBMITTAL – Living Wage – IFB 5000 BRS1080 Pg. 1

CITY OF AUSTIN, TEXAS

Living Wage Program, Rule R161-17.14

Rule R161-17.14 is located at: link to Rule R161-17.14

A. The minimum wage required for all Contractor Employees (and all tiers of Subcontracting) directly assigned to this City Contract is $22.15 per hour, unless Published Wage Rates are included in this Solicitation. In addition, the City may stipulate higher wage rates in certain Solicitations in order to assure quality and continuity of service.

B. The City requires Contractors submitting Offers on this Contract to provide a certification with their Offer certifying that all Contractor Employees (and all tiers of Subcontracting) directly assigned to this City Contract will be paid a minimum living wage equal to or greater than $22.15 per hour. The certification shall include a list of all Contractor Employees (and all tiers of Subcontracting) directly assigned to providing services under the resultant Contract including their name and job title. The list shall be updated and provided to the City as necessary throughout the term of the Contract.

C. The Contractor shall maintain throughout the term of the resultant Contract basic employment and wage information for each employee as required by the Fair Labor Standards Act.

D. The Contractor shall provide to the City Contract Manager within the first 30 days after the Contract execution, individual Employee Certifications for all Contractor Employees (and all tiers of Subcontracting) directly assigned to the Contract. The City reserves the right to request individual Employee Certifications at any time during the Contract term. Employee Certifications shall be signed by each Contractor Employee (and all tiers of Subcontracting) directly assigned to the Contract. The Employee Certification form is available on-line at:

https://www.austintexas.gov/page/living-wage-program.

E. Contractor shall submit employee certifications for Contractor Employees (and all tiers of Subcontracting) annually on the anniversary date of Contract execution to the Contract Manager to verify that employees are paid the Living Wage throughout the term of the Contract. The Employee Certification Forms shall be submitted for Contractor Employees (and all tiers of Subcontracting) added to the Contract and/or to report any employee changes as they occur.

F. The City Contract Manager will periodically review the employee data submitted by the Contractor to verify compliance with this Living Wage provision. The City retains the right to review employee records required in Paragraph C above to verify compliance with this provision.

https://services.austintexas.gov/edims/document.cfm?id=277854 https://www.austintexas.gov/page/living-wage-program

Rev. 08/17/2026 SUBMITTAL – Living Wage – IFB 5000 BRS1080 Pg. 2

LIVING WAGES CONTRACTOR CERTIFICATION

(Please add rows and/or duplicate as needed)

(1) The below listed individuals are all known employees of the Prime Contractor and its subcontractors who are directly assigned to this contract, and all are compensated at wage rates equal to or greater than $22.15 per hour:

Employee Name Employer Prime or Sub Your Normal

Rate Employee Job Title

(2) All future employees of both the Prime Contractor and all tiers of subcontractors directly assigned to this Contract will be paid a minimum Living Wage equal to or greater than $22.15 per hour.

(3) Our firm will not retaliate against any employee of either the Prime Contractor or any tier of subcontractors claiming non-compliance with the Living Wage provision.

A Prime Contractor or subcontractor that violates this Living Wage provision shall pay each of its affected employees the amount of deficiency each day the violation continues. Willful or repeated violations of the provision by either the Prime Contractor or any tier of subcontractor, or fraudulent statements made on this certification, may result in termination of this Contract for Cause, subject the violating firm to possible suspension or debarment, or result in legal action.

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I hereby certify that all the listed employees of both the Prime Contractor and all tiers of subcontractors who are directly assigned to this contract are paid a minimum Living Wage equal to or greater than $22.15 per hour.

Contractor’s Name

Signature of Officer or Authorized Representative Date

Printed Name

Title

SUBMITTAL – Employer Certification Wage Theft Ordinance - Responsibility Criteria

EMPLOYER CERTIFICATION – WAGE THEFT PROGRAM – IFB 5000 BRS1080

If you have questions or need more information, contact us at wagetheft@austintexas.gov.

Revised 09.14.23

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:

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:

mailto:wagetheft@austintexas.gov

SUBMITTAL – Subcontracting Plan (Optional), No MBE/WBE Goals

(061526) IFB 5000 BRS1080 Page 1

SUBCONTRACTING PLAN

1. Use of Subcontractors. Use of Subcontractors is optional. Contractor may request the use of Subcontractors with the following form. Contractor shall not use Subcontractors without the City’s prior written approval. If an approved Subcontractor needs to be changed, Contractor shall revise the form below and submit it for approval to the City prior to changing Subcontractors. The only Subcontract ors approved by the City for use under this Contract are those identified in the form below.

2. No MBE/WBE Subcontracting Goals Apply. In accordance with the City of Austin’s Minority and Women-Owned Business Enterprises (MBE/WBE) Procurement Program (Program, Chapters 2-9A and 2- 9B of the City Code and MBE/WBE Procurement Program Rules), this Contract was reviewed by Austin Small and Minority Business Resources (ASMBR) to determine if MBE/WBE Subcontracting Goals could be applied. Due to insufficient subcontracting opportunities and/or insufficient availability of MBE/WBE certified firms, ASMBR has assigned no subcontracting goals for this Contract.

3. Use of Small Business Subcontractors Encouraged. Contractor is encouraged to use certified Small Business, including Minority and Women-Owned Business Enterprises (MBE/WBE) Subcontractors whenever possible. For information about the City’s Small Business Procurement Program, as well as a list of Small Business certifications recognized by the City, please visit: Small Business Program | Austin Financial Services | AustinTexas.gov.

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Subcontractor

Subcontractor Name Vendor ID Code Contact Person Title Email Phone Amount of Subcontract $ Percentage % Goods and/or Services to be provided by Subcontractor

Subcontractor’s relevant experience providing these goods and/or services

Complete only if Subcontractor is recognized Small Business [see link above]

Certifying Entity Cert. Type (Acronym) Cert. No. Expire Date

SUBMITTAL – Subcontracting Plan (Optional), No MBE/WBE Goals

(061526) IFB 5000 BRS1080 Page 2

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Subcontractor Name Vendor ID Code Contact Person Title Email Phone Amount of Subcontract $ Percentage % Goods and/or Services to

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Subcontractor Name Vendor ID Code Contact Person Title Email Phone Amount of Subcontract $ Percentage % Goods and/or Services to