RFP_1100_LLM3008_ATT_8_v1.docx

DOCX document 24 KB Posted

Attached to
Overhead Transmission Electrical Services
Solicitation number
RFP 1100 LLM3008
Issued by
Texas

About this file

This is a FACTA Affidavit of Compliance form required by the City of Austin for contractors providing services related to utility customer billing accounts. The affidavit establishes that the contractor acknowledges the Fair and Accurate Credit Transactions Act (FACTA) requirements and certifies implementation of reasonable policies and procedures to detect, prevent, and mitigate identity theft risks. The document requires an authorized company representative to swear under oath that the organization has established safeguards appropriate to the services provided, with notarization by a Texas notary public. The form includes a detailed Exhibit A listing thirteen red flags that indicate potential unauthorized access to consumer information or malicious account activity, including document forgery, inconsistent identification information, suspicious payment patterns, and unauthorized account changes.

This compliance affidavit serves as a contractual requirement for the City of Austin's Overhead Transmission Electrical Services contract, which involves furnishing labor, equipment, materials, and supervision to support Austin Energy's electric transmission infrastructure capital improvement projects. The red flags specified in Exhibit A address identity theft prevention protocols applicable to contractors with access to utility customer billing information, requiring contractors to implement detection and mitigation procedures commensurate with their role in handling customer data. No pricing, award dates, contract terms, or other commercial terms are specified in this affidavit document, as it functions solely as a compliance certification requirement.

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Text version

FACTA AFFIDAVIT OF COMPLIANCE

I HEREBY AFFIRM that I, [name] _______________, am the [title] _______________, and the duly authorized representative of __________________________ (“Company”). I am over 18 years of age, of sound mind, capable of making this affidavit, personally acquainted with the facts stated in it, and I possess the legal authority to make this affidavit on behalf of myself and the Company.

I ACKNOWLEDGE that, in accordance with the Fair and Accurate Credit Transactions Act (FACTA), the City of Austin (“City”) is required to ensure that the activities of entities that contract with the City to provide the City services related to the billing accounts of the City’s utility customers, are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.
I ACKNOWLEDGE that, the City has provided the Company with a list of red flags that the City has identified as potential indicators of unauthorized access to consumer information and malicious account activity. A list of the red flags is attached here as Exhibit A.
I FURTHER AFFIRM that, to the extent applicable to the services provided to the City by the Company, the Company has in place reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.
Signed this the ___ day of ___________, 20__.
_________________________________
Signature of Affiant

BEFORE ME, the undersigned authority, personally appeared _________________, who being by me duly sworn, stated that the contents of this affidavit are true and correct.

SWORN TO AND SUBSCRIBED before me on the ___ day of _____________, 20__.

________________________________
Notary Public in and for the State of Texas
My commission expires: ____________________

EXHIBIT A – LIST OF APPLICABLE RED FLAGS

· Documents provided by a customer or potential customer to verify identification appear altered or forged.

· The photo or physical description on an identification document (“ID”) is not consistent with the appearance of the customer.

· Other information given to open the account is not consistent with the ID of the customer

· An application or supporting document appears to have been forged or altered, or gives the appearance of having been destroyed and reassembled.

· The ID is inconsistent with external information sources; i.e., the address does not match a consumer report, or a social security (SS) number has not be issued or is listed on the SS Administration Death Master File.

· The ID provided is associated with an existing identity theft case on file.

· The SS number is the same as customers opening other accounts (or previously used to open an account when the customer states that they have not previously had an account.)

· The customer fails to provide all personal identification information upon request.

· The ID is inconsistent with existing records.

· Change of billing address is followed by multiple change requests to the account.

· Payments are made in a manner associated with fraud. For example, a deposit or initial payment is made and no payments are made thereafter.

· Existing account with a stable history shows irregularities.

· An account that has been inactive for a reasonable period of time is suddenly used.

· The utility is notified of unauthorized changes or transactions in connection with an account.

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