Evidence Refrigerators and Freezer for DNA Evidence

Invitation for Quotation
Austin Forensic Science
IFQ 9000 JG1039
Evidence Refrigerators and Freezer for DNA Evidence
Bid Due: 07/29/2026 at 2:00 PM
Provide three (3) evidence refrigerators with fifteen (15) secured lockers "non-pass thru"
within each refrigerator. Provide one (1) evidence freezer with six (6) secured lockers
"non-pass thru" within each freezer.
Jerome Guerrero
512-974-5273
Jerome.Guerrero@austintexas.gov

Invitation For Quotation
Instructions to Respondents of this IFQ
Submit quotes to the email address below using this form and the documents within this
attachment. Items quoted must meet or exceed City of Austin Specifications. The City reserves the
right to determine or equal status.
The City is exempt from Federal Excise and State Sales Tax therefore, tax must not be included
in the quoted price.
All quotes must be submitted on FOB Destination basis, with all freight charges included in the
item price.
EMAIL OFFER TO: Jerome.Guerrero@AustinTexas.gov

INSTRUCTIONS
1 INVITATION FOR QUOTATIONS (IFQ)
1.1 Invitation. The City of Austin invites you to submit a Quote to provide the goods and/or services described
in this Solicitation.
1.2 Process. Notices for this IFQ are based on the applicable commodity code(s). If the commodity code(s) had
enough certified vendors, an initial notice is sent via email only to those vendors who are certified through
the State of Texas and City as HUBS or M/WBE's. If the City receives adequate quotes from those certified
contractors, the contract will be awarded at that time. If the City does not receive adequate quotes from
the initial notice, the solicitation will then be posted online at the City's Austin Finance Online website and
a notice will be emailed to all vendors registered for the applicable commodity code(s).
1.3 Changes. The City may change or revise any of the contents of this Solicitation through the issuance of a
written Addendum. Any explanation, clarification, interpretation or change to the Solicitation made in any
other manner is not binding upon the City, and Offerors shall not rely upon such explanation, clarification,
interpretation, or change. Oral explanations or instructions given before the award of the Contract are not
binding.
1.4 Review of Documents. Offerors shall review the entire Solicitation, as revised. Offerors shall notify the
person listed on the Cover Sheet in writing of any omissions, ambiguities, inconsistencies or errors in the
Solicitation prior to the Offer Due Date and Time. Offerors shall also notify the City of any Solicitation
contents the Offeror believes may be unreasonably restrictive.
2 COMMUNICATIONS
2.1 Questions. Offerors shall submit any questions concerning this Solicitation in writing via e-mail to the
contact person displayed on the Solicitation Cover Sheet.
3 OFFER PREPARATION
3.1 Offer Submittals. Offerors intending to respond to this Solicitation shall complete each of the Submittal
documents. At a minimum Submittals will include a Price Sheet and a signed Offer Sheet.
3.2 Proprietary and Confidential Information. All Offers received and opened by the City are subject to the
Texas Government Code, Ch. 552, and will be made available to the public. With the exception of the Quote
Sheet, which shall not be kept confidential, Offerors seeking to keep any other portions of their Offer
confidential shall mark each such portion as "Proprietary". The City will, to the extent allowed by law,
endeavor to protect such information from disclosure. The City may request a review and determination
from the Attorney General's Office of the State of Texas, of any contents marked as "Proprietary". A
copyright notice or symbol is insufficient to identify proprietary or confidential information.
3.3 Materials Specifications/Descriptive Literature.
3.3.1 If a Solicitation refers to a Qualified Products List (QPL), Standard Products List (SPL) or a manufacturer's
name and product, any Offeror offering products not referenced in the solicitation must submit as part
of their Offer materials specifications/descriptive literature for the non-referenced product. Materials
specifications/descriptive literature must be identified to show the item(s) in the Offer to which it applies.

3.3.2 Material specifications/descriptive literature are defined as product manufacturer's catalog pages, "cut
sheets" applicable tests results, or related detailed documents that specify material construction,
performance parameters, and any industrial standards that are applicable such as ANSI, ASTM, ASME,
SAE, NFPA, NBS, EIA, ESL, and NSA. The submitted materials specifications/descriptive literature must
include the manufacturer's name and product number of the product being offered.
3.3.3 The failure of the materials specifications/descriptive literature to show that the product offered
conforms to the requirements of the Solicitation shall result in rejection of the Offer.
3.3.4 Failure to submit the materials specifications/descriptive literature as part of the Offer may subject the
Offer to disqualification from consideration for award.
4 OFFER EVALUATION
4.1 Basis of Competition. The City may compare quotes based on the prices for individual line items, the
prices for categories of line items, the aggregate price, or other award basis that is most
advantageous to the City. The City will choose the basis of competition that best meets the City's
needs for the resulting contracts. Award will be made to the lowest Offer meeting any minimum
requirements set forth in the solicitation.
4.2 Evaluation. The lowest offer will be reviewed to ensure any minimum qualifications stated in this
solicitation are met. If any minimum qualifications are not met, the City will move to the next Lowest
Offer and repeat the process. The City reserves the right to require references from the lowest
offeror prior to contract award to confirm minimum qualifications.
5 ADMINISTRATIVE MATTERS
5.1 Solicitation File. All documents included in this Solicitation, and all timely received Offers in response
to this Solicitation, except for Offer contents deemed by Offerors to be proprietary and confidential,
will be available for public inspections.
5.2 Complaints. Any complaint regarding this solicitation shall be emailed to the contact listed
on the Solicitation Cover Sheet. The complaints will be reviewed and responded to in a
timely manner.
TERMS AND CONDITIONS
1. ACCEPTANCE OF CONTRACT: The Contract, including any Addenda, Exhibits, or Attachments
incorporated herein by reference constitute the entire agreement between City of Austin ("City") and
the Contractor for the materials, equipment, parts, and/or services (hereafter "goods" and/or "services")
described thereon. Acceptance is limited to the terms stated herein, and any additional or different terms
proposed by Contractor shall be of no force and effect and are hereby rejected unless expressly agreed
to in writing by the City.
2. PAYMENT TERMS AND DISCOUNTS: Payments shall be paid to Contractor within thirty (30) days
contingent upon the following:
a. Application of payment discounts, if considered to be in the best interest of the City;
b. From date of receipt by the City's Authorized Contact of properly documented invoices as
determined by the budgetary and fiscal guidelines of the City;
c. On the condition that the Contractor has delivered the goods and/or performed the services to the
satisfaction of the City. Prices invoiced shall be inclusive of all taxes, fees, surcharges, or other
payments unless agreed to in the Work Authorization.

Invoices for goods or services must be submitted to the City's Authorized Contact upon delivery of
goods or upon performance of services. If invoices are for goods, invoices should be submitted to the
City when such goods are delivered to a carrier for final delivery to the City or upon actual delivery of
goods to the City by the Contractor. Contractor's submittal of invoices for services shall correlate with
the payment schedule agreed upon by the Contractor and the City as evidenced in this Contract.
Authorized contact name and mailing address can be found on the purchase order.
3. AUDITS AND RECORDS:
a. The Contractor agrees that the representatives of the Office of the City Auditor or other authorized
representatives of the City shall have access to, and the right to audit, examine, or reproduce, any
and all records of the Contractor related to the performance under this Contract. The Contractor
shall retain all such records for a period of three
(3) years after final payment on this Contract or until all audit and litigation matters that the City
has brought to the attention of the Contractor are resolved, whichever is longer. The Contractor
agrees to refund to the City any overpayments disclosed by any such audit.
b. Records Retention:
i. Contractor is subject to City Code chapter 2-11 (Records Management), and as it may
subsequently be amended. For purposes of this subsection, a Record means all books,
accounts, reports, files, and other data recorded or created by a Contractor in fulfillment of
the Contract whether in digital or physical format, except a record specifically relating to the
Contractor's internal administration.
ii. All Records are the property of the City. The Contractor may not dispose of or destroy a Record
without City authorization and shall deliver the Records, in all requested formats and media,
along with all finding aids and metadata, to the City at no cost when requested by the City
iii. The Contractor shall retain all Records for a period of three (3) years after final payment on
this Contract or until all audit and litigation matters that the City has brought to the
attention of the Contractor are resolved, whichever is longer.
c. The Contractor shall include sections A and B above in all subcontractor agreements entered into
in connection with this Contract.
4. FINANCIAL DISCLOSURES AND ASSURANCES: The City may request and review financial information as
the City requires to determine the credit worthiness of the Contractor, including but not limited to,
annual reports, audited financial statements and reports, bank letters of credit or other credit
instruments. Failure of the Contractor to comply with this requirement shall be grounds for
terminating the Contract.
5. TERMINATION:
a. City reserves the right to terminate this Contract at any time and for any reason, including
convenience, with respect to undelivered goods or unperformed services. Such termination shall
be by written or electronic notice or by oral notice confirmed in writing.
b. Except as otherwise provided for in this Contract, the City and the Contractor shall consider this
Contract terminated upon completion of the performance obligations and upon completion of
payment obligations.
6. DELIVERY: Time is of the essence. If delivery of conforming goods or performance of conforming
services is not completed by the time(s) promised, the City reserves the right, in addition to any other
rights and/or remedies it may have under the law or in equity, to cancel this Contract, to reject such
goods or services in whole or in part on reasonable notice to Contractor and/or to purchase
substitute goods or services elsewhere and charge Contractor with any loss incurred by the City. Any

provisions herein for delivery of goods or performance of services by installments shall not be
construed as making the obligations of Contractor severable. The City will not accept shipments
made by C.O.D.
7. PRICE: The City shall not be billed at prices higher than stated herein unless authorized in writing by
the City. Contractor represents that the prices charged for the goods and/or services covered by this
Contract are no greater than the lowest prices charged by Contractor to comparable entities and
that such prices comply with all applicable laws and government regulations in effect at time of
quotations, sale, delivery, and performance. Contractor agrees to notify the City of any price
reduction made in goods and/or services covered by this Contract subsequent to the date hereof
and prior to delivery or performance of services and Contractor agrees that any such reduction will
be applicable to this Contract.
8. FORCE MAJEURE: Contractor may be excused from performance under the Contract for any period
when performance is prevented as the result of an act of God, strike, war, civil disturbance, epidemic,
pandemic, sovereign conduct, or court order provided that the Contractor experiences the event of
force majeure and prudently and promptly acts to take any and all steps that are within the
Contractor's control to ensure performance and to shorten the duration of the event of force majeure.
Contractor shall provide notice of the force majeure event to the City within three (3) business days of
the event or delay, whichever occurs later, to establish a mutually agreeable period of time
reasonably necessary to overcome the effect of such failure to perform. Subject to this provision,
such non- performance shall not be deemed a default or a ground for termination. However, the City
may terminate an order under the Contract if it is determined by the City that the Contractor will
not be able to deliver goods or services in a timely manner to meet the business needs of the City.
9. WARRANTIES: In addition to all warranties established by law, Contractor hereby warrants and
agrees that:
a. All goods and services covered by this Contract shall conform to the specifications, drawings,
samples or other descriptions furnished by the City and shall be merchantable, fit for the purpose
intended, of best quality and workmanship and free from all defects. The City shall have the right
of inspections and approval and, in addition to its other rights and remedies, reject and return
goods or require re-performance of services at Contractor's expense if defective or not in
compliance with the City's specifications and/or scope of work. Defects shall not be deemed
waived by the City's failure to notify Contractor upon receipt of goods or completion of services
or by payment of invoice.
b. No disclosure, description or other communication of any sort shall be made by Contractor to
any third person of the City's purchase of goods or services hereunder, or of the details and
characteristics thereof, without the City's prior written consent. Anything furnished to Contractor
by the City pursuant to this Contract, including without limitation samples, drawings, patterns and
materials shall be kept confidential and remain the property of the City, shall be held at Contractor's
risk and shall be returned upon completion of performance hereunder, and no disclosure or
reproduction thereof in any form shall be made without the City's prior consent in writing.
c. All goods delivered pursuant to this Contract and manner of delivery thereof shall conform to
standards established for such goods and delivery in accordance with any applicable federal,
state, or local laws or regulations.
d. The use or sale of any goods delivered hereunder, or any part thereof, except goods produced
to the City's drawings or specifications, does not infringe on any adverse and existing patent,
copyright, or license. Contractor agrees to indemnify and hold harmless the City from any such

patent, copyright, or license infringement violations. This indemnity provision shall survive any
termination or expiration of this Contract.
e. The foregoing warranties shall survive City's acceptance of goods and performance of services
hereunder.
10. LOSS IN TRANSIT AND ENVIRONMENTAL RESPONSIBILITY: Title and risk of loss of goods and services
purchased by the City under this Contract shall pass to the City upon acceptance of such goods
and/or services. All shipments made under this Contract, regardless of the designated F.O.B. point,
shall be in accordance with all applicable federal, state, or local laws and/or regulations, including
but not limited to U.S. Department of Transportation and U.S. Environmental Protection Agency
regulations for hazardous substances. Prior to the City's acceptance of such goods and/or services,
the City shall not be liable for any discharge, spill or other incident, including but not limited to
expenses nor for any clean-up costs involving any materials, equipment, or parts.
11. MARKING: Contractor shall mark each package, container, or shipment clearly with the City's name,
address, contents, and applicable Contract number(s).
12. ASSIGNMENT: Contractor shall not assign or subcontract any of its rights or obligations under this
Contract without the prior written permission of the City. As such, assignment of this Contract or of any
interest herein or of any money due or to become due hereunder without the prior written consent
of the City shall be void. In no event shall the City's written permission (if any) be construed as
discharging or releasing Contractor from the performance of its obligations specified in this Contract.
13. JURISDICTION AND VENUE: The formation, interpretation, and performance of this Contract shall
be governed by the laws of the State of Texas as applicable to the City of Austin. Court of jurisdiction
shall be the state courts in Travis County, Texas.
14. EMPLOYEES, INSURANCE, INDEMNIFICATION:
a. In providing goods, materials, equipment, parts or performing services hereunder, Contractor is
an independent contractor, with sole responsibility for all persons employed in connection
therewith, including without limitation, exclusive liability for the payment of all Federal, State,
and Local Unemployment and Disability Insurance and all Social Security and/or other taxes and
contributions payable in respect of such persons, FROM AND AGAINST WHICH LIABILITY THE
CONTRACTOR AGREES TO INDEMNIFY, EXONERATE AND HOLD HARMLESS THE CITY.
b. Prior to the commencement of any services hereunder, Contractor must have purchased
insurance to show evidence that at least an appropriate level of personal and business insurance
to ensure the City is adequately indemnified for any and all claims related to the Contractor's
performance. At the City's option, higher limits and additional insurance policies may be
required. Contractor shall, when required by the terms of the contract or solicitation documents,
provide to the City with certificate of insurance coverage.
c. Contractor's insurance policies, regardless of any like insurance coverage that the City may have, shall
be primary with respect to the interest of the City, and any insurance maintained by the City is in
excess and not contributory to Contractor's insurance policies regardless of any like insurance
coverage that the City may have.
d. Contractor will (or will cause the respective insurance carrier to) provide the City with written
notice prior to the cancellation, termination, non-renewal, or any other material change in the
policies.
e. Nothing in this Contract shall limit Contractor's liability to the limits of the insurance coverages
required hereunder. Contractor shall be solely responsible for payment of all deductible or
retention amounts pertaining to any insurance policies required herein or by law.

f. Where applicable, all insurance policies shall provide for waiver of subrogation in favor of the
City, include cross liability provisions, and all policies, except Workers' Compensation or
Professional Liability, shall name the City and its directors, officers, officials, managers,
representatives, agents and employees as additional insured, to the extent allowable under such
policies.
15. GENERAL LIABILITY AND INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS THE
CITY, INCLUDING ITS OFFICERS, OFFICIALS, EMPLOYEES, OR AGENTS, AGAINST LIABILITY, CLAIMS,
DAMAGES, LOSSES OR EXPENSES, INCLUDING ATTORNEY FEES, ONLY TO THE EXTENT THAT THE
LIABILITY, DAMAGES, LOSSES OR COSTS ARE CAUSED BY, OR ARISE OUT OF, THE ACTS OR OMISSIONS
OF CONTRACTOR OR ITS OFFICERS, EMPLOYEES, OR AGENTS. THIS INDEMNITY PROVISION SHALL
SURVIVE ANY TERMINATION OR EXPIRATION OF THIS CONTRACT.
16. CARE, CUSTODY, AND CONTROL OF SERVICES, PROPERTY, MATERIALS, AND EQUIPMENT: To the
extent that Contractor provides goods and/or services, Contractor shall have the full responsibility
for and the risk of loss for such goods and/or services, including the City's furnished property, equipment,
and materials under Contractor's care, custody, control.
17. WAIVER OF CONSEQUENTIAL DAMAGES: NOTWITHSTANDING ANY OTHER PROVISION IN THIS
CONTRACT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, NOR
CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS CONTRACT, INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE
CAUSED. THIS LIMITATION ON CONSEQUENTIAL DAMAGES DOES NOT APPLY TO CLAIMS FOR
PERSONAL INJURY, WRONGFUL DEATH OR DIRECT DAMAGES TO PROPERTY. NEITHER PARTY SHALL
BE LIABLE TO THE OTHER FOR PUNITIVE DAMAGES.
18. COMPLIANCE WITH LAWS AND CITY'S RULES:
a. City of Austin is exempt from payment of gross receipts tax on certain and various materials, but
is subject to such tax on services and certain other materials.
b. The taxable status of any sale of materials or services must be determined by the Contractor's
legal counsel or tax consultant. Invoices rendered for additional taxes after contract award will
not be honored.
c. Any bribes, gratuities or kickbacks of any type are expressly forbidden, and such acts may be
subject to civil penalty.
d. The Contractor, its Subcontractors, and their respective employees, shall comply fully with all
applicable Federal, State, and local health, safety, and environmental laws, ordinances, rules and
regulations in the performance of the services, including but not limited to those promulgated by
the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the
most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City
harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability
of every kind arising from the breach of the Contractor's obligations under this Paragraph.
19. NON-DEBARMENT CERTIFICATION: When using Federal funds, the City of Austin does not Contract
with or make prime or sub-awards to parties that are debarred or whose principals are debarred from
Federal Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its
principals are not currently debarred from doing business with the Federal Government, as indicated
by the General Services Administration List of Parties Excluded from Federal Procurement and Non-
Procurement Programs. The Contractor shall notify the Procurement Specialist within five business
days if they become debarred from doing business with the Federal Government during the term of the
Contract.

20. EQUAL OPPORTUNITY:
a. Equal Employment Opportunity: No Contractor, or Contractor's agent, shall engage in any
discriminatory employment practice as defined in Chapter 5-4 of the City Code. No Offer submitted
to the City shall be considered, nor any Purchase Order issued, or any Contract awarded by the City
unless the Offeror has executed and filed with the City Purchasing Office a current Non-
Discrimination Certification. Non-compliance with Chapter 5-4 of the City Code may result in
sanctions, including termination of the Contract and the Contractor's suspension or debarment
from participation on future City Contracts until deemed compliant with Chapter 5-4.
b. Non-Retaliation: The Contractor agrees to prohibit retaliation, discharge or otherwise
discrimination against any employee or applicant for employment who has inquired about,
discussed or disclosed their compensation.
c. Americans with Disabilities Act (ADA) Compliance: No Contractor, or Contractor's agent, shall
engage in any discriminatory practice against individuals with disabilities as defined in the ADA,
including but not limited to: employment, accessibility to goods and services, reasonable
accommodations, and effective communications.
21. MANDATORY ANTI-ISRAEL BOYCOTT PROVISION:
Pursuant to Amawi v. Pflugerville Independent School District, 373 F.Supp.3d 717 (W.D. Texas 2019),
the State of Texas is preliminarily enjoined from enforcing this provision. However, if that injunction
is lifted, this provision may apply to the Contract:
Pursuant to Texas Government Code 2271.002, the City is prohibited from contracting with any
"company" for goods or services unless the following verification is included in this Contract.
a. For the purposes of this Section only, the terms "company" and "boycott Israel" have the
meaning assigned by Texas Government Code 2271.001.
b. If the Contractor qualifies as a "company", then the Contractor verifies that he:
i. does not "boycott Israel"; and
ii. will not "boycott Israel" during the term of this Contract.
c. The Contractor's obligations under this Section, if any exist, will automatically cease or be
reduced to the extent that the requirements of Texas Government Code Chapter 2271 are
subsequently repealed, reduced, or declared unenforceable or invalid in whole or in part by any
court or tribunal of competent jurisdiction or by the Texas Attorney General, without any further
impact on the validity or continuity of this Contract.
22. PROHIBITION ON LGBTQ+ CONVERSION THERAPY: The Contractor certifies that it is aware of City
Council Resolution No. 20191114-056, which prohibits the City from Contracting with entities that
engage in certain practices related to conversion therapy. By accepting this Contract, the Contractor
agrees that: (1) its firm and its principals are 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; and (2) if the City determines in its sole discretion that Contractor has
during the term of this Contract engaged in any such practices, the City may terminate this Contract
without penalty to the City.

NON-DISCRIMINATION AND NON-RETALIATION CERTIFICATION
Instruction. Offerors shall read and acknowledge this certification by checking the box below.
Offerors that do not check the box below indicating their compliance with this certification shall be determined
nonresponsive.
OFFEROR HEREBY CERTIFIES
Offeror has read the following and will comply with Austin City Code, Sec. 5-4-2.
(Check)
1. Not to engage in any discriminatory employment practice defined in this chapter;
2. To take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without discrimination being practiced against them as defined in this chapter, including
affirmative action relative to employment, promotion, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rate of pay or other forms of compensation, and selection for training or
any other terms, conditions or privileges of employment;
3. To post in conspicuous places, available to employees and applicants for employment, notices to be provided
by the Equal Employment/Fair Housing Office setting forth the provisions of this chapter.
4. To state in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all
qualified applicants will receive consideration for employment without regard to race, creed, color, religion,
national origin, sexual orientation, gender identity, disability, sex or age.
5. To obtain a written statement from any labor union or labor organization furnishing labor or service to
Contractors in which said union or organization has agreed not to engage in any discriminatory employment
practices as defined in this chapter and to take affirmative action to implement policies and provisions of this
chapter.
6. To cooperate fully with City and the Equal Employment/Fair Housing Office in connection with any
investigation or conciliation effort of the Equal Employment/Fair Housing Office to ensure that the purpose of
the provisions against discriminatory employment practices are being carried out.
7. To require of all subcontractors having 15 or more employees who hold any subcontract providing for the
expenditure of $2,000 or more in connection with any contract with the City subject to the terms of this
chapter that they do not engage in any discriminatory employment practice as defined in this chapter.
For the purposes of this Offer and any resulting Contract, Contractor adopts the provisions of the City's Minimum
Non-Discrimination and Non-Retaliation Policy set forth below.