HomeMy WebLinkAboutContract 63748CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement (“Agreement”) is entered into by and between LONE STAR
AUCTIONEERS, INC. (“Vendor”) and the City of Fort Worth (“City”), a Texas home-rule municipality,
individually referred to as “Party” and collectively as the “Parties.”
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
This Cooperative Purchase Agreement;
Exhibit A – Scope of Services;
Exhibit B – Omnia Partners Contract R240603; and
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited
by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this
Cooperative Purchase Agreement shall control.
City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with
the provisions of this Agreement. Total annual payment made under this Agreement by City will be
in an amount up to ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($100,000.00).
Vendor shall not provide any additional items or services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs for such
services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager ("Effective Date") and expires on December 31, 2027, with two (2) additional one-year
renewals. City or Vendor may terminate this Agreement at any time and for any reason by providing the
other party with at least 30 days’ written notice of termination.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives or (2) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
CSC No. _________
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney’s Office at the
same address
To VENDOR:
Lone Star Auctioneers, Inc.
Marilyn K. Burgess, CEO/President
4629 Mark IV Parkway
Fort Worth, TX 76106
Email: Marilyn@lonestarauctioneers.com
City is a government entity under the laws of the State of Texas and all documents held or
maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the
Agreement requires that City maintain records in violation of the Act, City hereby objects to such
provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.
In the event there is a request for information marked Confidential or Proprietary, City shall promptly
notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Office of
the Attorney General of the State of Texas or by a court of competent jurisdiction.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of
law provisions. Venue for any suit brought under the Agreement shall be in a court of competent
jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any
state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are
hereby deleted from the Agreement and shall have no force or effect.
Nothing herein constitutes a waiver of City’s sovereign immunity. To the extent the Agreement
requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted
and shall have no force or effect.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to
indemnify or hold Vendor or any third party harmless from damages of any kind or character, City
objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force
or effect.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” has
the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this
Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that
Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with
10 or more full-time employees unless the contract contains a written verification from the Vendor that
it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of
this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written
verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a
company with 10 or more full-time employees unless the contract contains a written verification from
the Vendor that it: (1) does 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 contract
against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s
signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
(signature page follows)
(remainder of this page intentionally left blank)
The undersigned represents and warrants that he or she has the power and authority to execute
this Agreement and bind the respective party.
CITY OF FORT WORTH:
By: ______________________________
Name: Jay Chapa
Title: City Manager
Date: _________________________
APPROVAL RECOMMENDED:
By: ______________________________
Name: Reginald Zeno
Title: Chief Financial Svcs Officer
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By: ______________________________
Name: Michelle Green
Title: Interim Sr Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
By: ______________________________
Name: Amarna Muhammad
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
1295 Form: N/A
VENDOR:
Lone Star Auctioneers, Inc.
By:
Name: Marilyn K. Burgess
Title: CEO/President
Date: ________________________
Exhibit A – Scope of Services
Solicitation Number 24-06 Request for Proposal (“RFP”) by Region 4 Education Service Center
(“ESC”) for Auctioneer Services and Related Products and Services
RFP Page 2
I. SCOPE OF WORK
Region 4 Education Service Center (“Region 4 ESC”) requests proposals from qualified
suppliers with the intent to enter into a Contract for Auctioneer Services and Related Products
and Services. Region 4 ESC is seeking a provider that has the depth, breadth and quality of
resources necessary to complete all phases of the Contract. Awarded Offeror(s) shall deliver
products and services under the terms of this agreement. While this solicitation specifically
covers Auctioneer Services and Related Products and Services, each awarded Offeror may
offer their complete product and service offering, or balance of line. Region 4 ESC reserves
the right to accept or reject any or all balance of line items offered.
Region 4 ESC is an education service center established by the Texas Legislature in 1967 to
assist school districts and charter schools in improving efficiencies. Region 4 serves a seven-
county area comprised of 47 public school districts and 40 open-enrollment charter schools,
representing more than 1.2 million students, 105,000 educators and 1,500 campuses.
Through cooperative contracts Region 4 ESC extends the opportunity to operate more
efficiently and economically to agencies nationwide through OMNIA Partners (see below).
The Contract is based on the need to provide the economic benefits of volume purchasing
and reduction in administrative costs through cooperative purchasing to schools and other
members. Although the awarded Offeror(s) may restrict sales to certain public units (for
example, state agencies or local government units), any proposal that prohibits sales from
being made to public school districts may not be considered. Sales without restriction are
preferred. These types of contracts are commonly referred to as being “piggybackable.”
NATIONAL CONTRACT
Region 4 ESC, as the Principal Procurement Agency, defined in Appendix D, has partnered
with OMNIA Partners, Public Sector, Inc., a Delaware corporation (“OMNIA Partners”) to
make the resultant contract (also known as the “Master Agreement” in materials distributed
by OMNIA Partners) from this solicitation available to other public agencies nationally,
including state and local governmental entities, public and private primary, secondary and
higher education entities, non-profit entities, and agencies for the public benefit (“Public
Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 4 ESC is
acting as the contracting agency for any other Public Agency that elects to utilize the resulting
Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their
registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master
Agreement, any such Participating Public Agency agrees that it is registered with OMNIA
Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative
Purchasing Agreement, a form of which is attached hereto on Appendix D, or as otherwise
agreed to. Appendix D contains additional information about OMNIA Partners and the
cooperative purchasing program.
OMNIA Partners is the largest and most experienced purchasing organization for public and
private sector procurement. Through the economies of scale created by OMNIA Partners’
public sector subsidiaries and affiliates, our participants have access to competitively solicited
and publicly awarded cooperative agreements. For all public sector contracts, the lead agency
contracting process continues to be the foundation on which we were established. OMNIA
Partners is proud to offer more value and resources to state and local government, higher
education, K-12 education and non-profits.
RFP Page 3
OMNIA Partners provides shared services and supply chain optimization to government,
education and the private sector. With corporate, pricing and sales commitments from the
Offeror OMNIA Partners provides marketing and administrative support for the Offeror that
directly promotes the Offeror’s products and services to Participating Public Agencies through
multiple channels, each designed to promote specific products and services to Public
Agencies on a national basis. Participating Public Agencies benefit from pricing based on
aggregate spend and the convenience of a contract that has already been advertised and
publicly competed. The Offeror benefits from a contract that generally allows Participating
Public Agencies to directly purchase goods and services without the Offeror’s need to respond
to additional competitive solicitations. As such, the Offeror must be able to accommodate a
nationwide demand for services and to fulfill obligations as a nationwide Offeror and respond
to the OMNIA Partners documents (Appendix D).
While no minimum volume is guaranteed to the Contractor, the estimated annual volume of
Auctioneer Services and Related Products and Services purchased under the Master
Agreement through OMNIA Partners is approximately $20 million. This projection is based on
the current annual volumes among Region 4 ESC, other Participating Public Agencies
anticipated to utilize the resulting Master Agreement to be made available to them through
OMNIA Partners, and volume growth into other Public Agencies through a coordinated
marketing approach between the Contractor and OMNIA Partners.
Customer Support
Contractor shall provide timely and accurate technical advice and sales support to Region 4
ESC staff and Participating Agencies. Contractor shall respond to such requests within one
(1) working day after receipt of the request.
RFP Page 4
PRODUCT / SERVICES SPECIFICATIONS
The awarded contractor(s) shall assist the end user with making a determination of their
individual needs. It is the intent of this document to meet each state’s statutory requirements
for providing auctioneer services and related products in that jurisdiction.
Offeror shall provide a comprehensive web-based online and/or live auction system for
disposal of surplus property and material.
Auction System:
Offeror shall use the latest Internet technologies to provide an easy to use/user friendly solution
for accessing, interacting, communicating and conducting surplus disposal tasks and related
activities, including but not limited to daily program administration, posting of auctions,
marketing of auctions, receiving and evaluating bids, blocking bidders, invoicing awarded
bidders, and receiving payments.
o Auction system shall allow the seller to determine and enter auction dates, description of
the item(s), photos images, amount of time bids may be submitted, minimum acceptable
bids, bid increment amounts, reserve amounts, and terms of sale
o The system shall allow the seller to conduct multiple and ongoing auctions while complying
with all state and local laws and requirements.
o The auction system shall provide a seller with the ability to first offer the surplus property
for reallocation within the agency is desired.
o The auction system shall provide online real time or near real time reporting of bids and a
summary of bid activity shall also be provided.
o Auction system shall require potential bidders to register prior to submitting a bid.
o The auction system shall be updated and maintained on an ongoing basis to meet current
and future needs and requirements, and to resolve system defects and problems.
o The auction system shall allow the seller to retrieve and print the documentation required
to substantiate the surplus disposition and provide a complete audit trail.
o A comprehensive log must be available in printed form after each transaction. The
transaction log shall include the following: Identification of the seller, description and
quantity of each item auctioned, list of all bids, winning bid, summary of invoices issued,
and summary of payments received.
Reporting:
The auction system shall provide a variety of reports detailing the system’s utilization and
activities. The reports shall track in-progress and completed activities.
Training:
Offeror shall provide training to the contracting member agency. Training may be web-based.
Offeror shall have and maintain a customer help desk to be accessed via telephone and/or
email.
Marketing:
Offeror shall provide marketing of the web-based auction service to promote utilization of the
site by potential buyers.
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� .
• Is the ccuction. f'ee the same for c�ll auctions or a scc�led fee based upon size of auction or sale
price?
Our commissions and Buyer Premiums are the same for all a sellers' auctions no matter the size
or dollar volume of the item or total sale.
• Is the c�uction f'ee deducted from or added to the sale price?
Buyer Premiums are added to the selling price and distributed to the Partner and Lone Star
respectively.
• Provide fees for involved marketing of the auction sale, including real estate (residential,
commercial and industrial lots), commercial equipment and vehicles.
Advertising costs for real estate, specialized or especially valuable equipment, aircraft, large
watercraft, or other high value assets will be on a cost-reimbursable basis, proposed to and
approved by the seller prior to the commitment to media. There is no way for proposers to
anticipate the breadth, depth or duration for advertising which might be required under this
agreement. E.g., on June 5, 2019, Lone Star Auctioneers sold a monumental bronze statue of
Robert E. Lee in a restricted auction. The statue brought $1,435,000 and was paid for within
eighteen hours by wire transfer. There is no way we could have anticipated the need for a
marl<eting plan and advertising costs for a famous larger-than-life bronze statue of this
magnitude.
• Provide any other information applicable to the auction fee.
The OMNIA partner is paid 100% of the collected selling price of their assets upon completion
of the auction and collection of proceeds.
Implementation and Trainin�
Indicate the fee or fees to be charged for use of the web-based online auction system.
There will be no fees charged for the use of our online auction system.
Provide a complete fee schedule for this service. At a minimum, address each o.f'the following
items:
IV. EVALUATION PROCESS AND CRITERIA
• Describe the types of costs, if any, applicable to implementation of the web-based auction
progrczm for cc contrczcting membeN.
There will be no casts for the implementation or continual use of our online auction system.
• Describe ccnd provide the costs, if any, applicc�ble to providing training for a contretcting
member
By way of an initiaE Zoom or Teams meeting, key partner members will be provided simple
instructions and guidance in the preparation and transmittal of an auction spreadsheet for the
sale of items to a camfortable level of proficiency. We will provide additional "refresher" or
"new employee" training as necessary at no cost to the partner. LSA has never charged for
training. (See Attachments-Training Material)
• Types of costs may include implementation fee, tNaining fee, customization fee, trc�vel, peN diem,
materials, etc.
There will be no other costs or fees associated with use of our online program. Our process is
easy and quick to learn. There will be absolutely no need for travel or per diem costs or
materials.
• Provide other information applicable to implementation and training fees.
None.
Technical Sunpart
• Describe c�nd provide fees for technical support services, if any.
There will be no fees for technical support.
• Provide any otheN information applicable to technical support fees.
No fees apply.
System Up�rade & Maintenance
• Describe and provide fees system upgrade and maintenance, if any.
None.
• Provide any other information applicable to system upgrade and maintenance fees:
3
IV. EVALUATION PROCESS AND CRITERIA
None.
Other Costs
None.
■ Describe and pNovide any other fees or costs applicable to the contract. Provide a cotnplete fee
schedule for this service. At a tninimum, address each of the following items:
• Sales Tc�x
Lone Star will co{lect and remit timely all state and local sales taxes to the appropriate taxing
authority in the state where taxable assets are being sold.
o Indieate how sales tax/use tczx would be traelzed c�nd pczid.
Our software automatically differentiates between taxable and non-taxable items based on our
data upload spreadsheet and calculates all sales taxes due for taxable items and generates a
report showing taxable totals. Taxes are totaled by invoice for each buyer and for each auction
and are stored in our database by tax classification in the appropriate sales tax accaunt. On a
monthly basis we remit the reconciled taxes due to the appropriate taxing authority.
o Identify what jurisdiction(s) would be the recipient of sales tc�x revenue.
The taxing autharity in the district would determine to whom collected sales tax wauld be paid,
and that would vary seller by seller.
• Revenue Share
Discuss possible revenue share c�rrangements.
None. The partner gets 100% of the revenue and the cooperative receives its 3%.
o Offerors should state proposed percentages, how revenue share will be calculated and how
and when they will be pc�id.
None.
• Is a fee charged fo� a Member to register on the system?
4
IV. EVALUATION PROCESS AND CRITERIA
No.
• Is a fee charged for cz potential bidder to register on the system?
No.
• Discuss how fees are collected frotn agency pc�y c�nd a Buyer pczy perspective
Fees are collected from the buyer at the time of payment. Lone Star would collect the 12.5%
Buyer Premium and remit to ESC4 their 3%o in accordance with this agreement.
• Describe options available for collecting payment from bidders (e.g. agency collect, Contractor
collect, etc.)
Lone Star would collect all funds from buyers and remit those funds to the seller by EFT no later
than five days after the buyer payment deadline. ESC4 would be paid in accordance with the
requirements of this contract.
b) Performance Capability
i, Include a detailed t^esponse to Appendix D, Exhibit A, OMNIA Partners Response fot^ National
Cooperative Contract. Responses should highlight experience, demonstrate c� strong national
presence,
Throughout our response, Lone Star has detailed our experience in terms of major government
clients, geographic range of performance, duration and continuous performance af contracts in
a variety of auction formats.
Our clients and buyers are exceptionally loyal to Lone Star Auctioneers. In the fourteen years
we have held OMNIA Partners (TCPN/NIPA) auction contracts, not one seller has changed
auction providers.
o demonstrate a strong national presence,
Lone Star Auctioneers has a very strong regional presence among local and state government
entities and a strong national presence among state treasurers and attorneys general who are
responsible for the sale of the contents of unclaimed safe deposit boxes.
o describe how Offeror will educate its national sales force about the Contract,
5
IV. EVALUATION PROCESS AND CRITERIA
Exhibit B— Omnia Partners Contract R240603
Region 4 Education Service Center (ESC)
Contract # R240603
for
Auctioneer Services and Related Products
with
Lone Star Auctioneers, Inc.
Effective: December 17, 2024
The following documents comprise the executed contract between the
Region 4 Education Service Center and Lone Star Auctioneers, Inc.,
effective December 17, 2024:
I. Vendor Contract and Signature Form
II. Supplier's Response to the RFP, incorporated by reference
CONTRACT
This Contract ("Contract') is made as of December 17, 2024 by and between Lone Star
Auctioneers, Inc ("Contractor" and Region 4 Education Service Center ("Region 4
ESC')for the purchase of Auctioneer Services and Related Products and Services ("the
products and services').
RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number 24-06 for Auctioneer
Services and Related Products and services ("RFP"), to which Contractor provided a response
("Proposal"); and
WHEREAS, Region 4 ESC selected Contractor's Proposal and wishes to engage Contractor
in providing the services/materials described in the RFP and Proposal;
WHEREAS, both parties agree and understand the following pages will constitute the
Contract between the Contractor and Region 4 ESC, having its principal place of business at
7145 West Tidwell Road, Houston, TX 77092.
WHEREAS, Contractor included, in writing, any required exceptions or deviations from
these terms, conditions, and specifications; and it is further understood that, if agreed to by
Region 4 ESC, said exceptions or deviations are incorporated into the Contract.
WHEREAS, this Contract consists of the provisions set forth below, including provisions of
all attachments referenced herein. In the event of a conflict between the provisions set forth
below and those contained in any attachment, the provisions set forth below shall control.
WHEREAS, the Contract will provide that any state and local governmental entities, public
and private primary, secondary and higher education entities, non-profit entities, and agencies
for the public benefit ("Public Agencies") may purchase products and services at prices
indicated in the Contract upon the Public Agency's registration with OMNIA Partners.
1) Term of aareement. The initial term of the Contract is for a period of three (3) years unless
terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the
right in its sole discretion to renew the Contract for an additional term of up to two (2) years or
for a lesser period of time as determined by Region 4 ESC by providing written notice to the
Contractor of Region 4 ESC's intent to renew thirty (30) days prior to the expiration of the
original term. Contractor acknowledges and understands Region 4 ESC is under no obligation
whatsoever to extend the term of this Contract. Notwithstanding the forgoing paragraph, the
term of the Contract, including any extension of the original term, shall be further extended
until the expiration of any Purchase Order issued under the Contract for a period of up to one
year beyond the Contract term.
2) Scoqe: Contractor shall perform all duties, responsibilities and obligations, set forth in this
agreement, and described in the RFP, incorporated herein by reference as though fully set
forth herein.
CONTRACT
1
3) Form of Contract. The form of Contract shall be the RFP, the Offeror's proposal and Best and
Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted
by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror's Best and Final Offer
iii. Offeror's proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or
provide any material or service under this Contract until Contractor receives a purchase order
for such work or is otherwise directed to do so in writing by Region 4 ESC.
6) Entire Aqreement (Parol evidence). The Contract, as specified above, represents the final
written expression of agreement. All agreements are contained herein and no other
agreements or representations that materially alter it are acceptable.
7) Assignment of Contract. No assignment of Contract may be made without the prior written
approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material
change in operations is made (i.e., bankruptcy, change of ownership, merger, etc.).
8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to
perform this Contract, a successor in interest must guarantee to perform all obligations under
this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of
name agreement will not change the contractual obligations of Contractor.
9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding
unless authorized and signed by Region 4 ESC.
10) Addina Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional
distributors or dealers, other than those identified at the time of submitting their proposal, to
sell under the Contract without notification and prior written approval from Region 4 ESC.
Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or
dealer. Purchase orders and payment can only be made to the Contractor unless otherwise
approved by Region 4 ESC. Pricing provided to members by added distributors or dealers
must also be less than or equal to the Contractor's pricing.
11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiencv. Region 4 ESC may terminate
the Contract if purchase volume is determined to be low volume in any 12-month period.
Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to
failure by Contractor to carry out any obligation, term or condition of the contract. Region
4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any
of the following:
i. Providing material that does not meet the specifications of the Contract;
ii. Providing work or material was not awarded under the Contract;
iii. Failing to adequately perform the services set forth in the scope of work and
specifications;
CONTRACT
2
iv. Failing to complete required work or furnish required materials within a reasonable
amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC
reason to believe Contractor will not or cannot perform the requirements of the
Contract; or
vi. Performing work or providing services under the Contract prior to receiving an
authorized purchase order.
Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide
a satisfactory response to Region 4 ESC. Failure to adequately address all issues of
concern may result in Contract cancellation. Upon cancellation under this paragraph, all
goods, materials, work, documents, data and reports prepared by Contractor under the
Contract shall immediately become the property of Region 4 ESC.
b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely
manner, or Contractor violates any of the covenants, agreements, or stipulations of this
Contract Region 4 ESC reserves the right to terminate the Contract immediately and
pursue all other applicable remedies afforded by law. Such termination shall be effective
by delivery of notice, to the Contractor, specifying the effective date of termination. In such
event, all documents, data, studies, surveys, drawings, maps, models and reports
prepared by Contractor will become the property of the Region 4 ESC. If such event does
occur, Contractor will be entitled to receive just and equitable compensation for the
satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or
within a reasonable time period as interpreted by the purchasing agent or failure to make
replacements or corrections of rejected articles/services when so requested shall
constitute grounds for the Contract to be terminated. In the event Region 4 ESC must
purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a
reasonable time period, for all expenses incurred.
d) Force Maieure. If by reason of Force Majeure, either party hereto shall be rendered unable
wholly or in part to carry out its obligations under this Agreement then such party shall
give notice and full particulars of Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of
the party giving such notice, so far as it is affected by such Force Majeure, shall be
suspended during the continuance of the inability then claimed, except as hereinafter
provided, but for no longer period, and such party shall endeavor to remove or overcome
such inability with all reasonable dispatch.
The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, act of public enemy, orders of any kind of government of the
United States or the State of Texas or any civil or military authority; insurrections; riots;
epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts;
droughts; arrests; restraint of government and people; civil disturbances; explosions,
breakage or accidents to machinery, pipelines or canals, or other causes not reasonably
within the control of the party claiming such inability. It is understood and agreed that the
settlement of strikes and lockouts shall be entirely within the discretion of the party having
the difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is
unfavorable in the judgment of the party having the difficulty.
e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by
providing written notice. The cancellation will take effect 30 business days after the other
party receives the notice of cancellation. After the 30th business day all work will cease
following completion of final purchase order.
CONTRACT
3
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds
and permits required for the operation of the business conducted by Contractor. Contractor
shall remain fully informed of and in compliance with all ordinances and regulations pertaining
to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop
work and/or cancel the Contract if Contractor's license(s) expire, lapse, are suspended or
terminated.
13) Survival Clause. All applicable software license agreements, warranties or service
agreements that are entered into between Contractor and Region 4 ESC under the terms and
conditions of the Contract shall survive the expiration or termination of the Contract. All
Purchase Orders issued and accepted by Contractor shall survive expiration or termination of
the Contract for a period of up to one year beyond the term of the Contract.
14) Delive . Conforming product shall be shipped within 7 days of receipt of Purchase Order. If
delivery is not or cannot be made within this time period, the Contractor must receive
authorization for the delayed delivery. The order may be canceled if the estimated shipping
time is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be
included in all pricing offered unless otherwise clearly stated in writing.
15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may
make the determination to return the material to the Contractor at no cost to Region 4 ESC.
The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be
responsible for arranging the return of the defective or incorrect material.
16) Pavments. Payment shall be made after satisfactory performance, in accordance with all
provisions thereof, and upon receipt of a properly completed invoice.
17) Price Adiustments. Should it become necessary or proper during the term of this Contract to
make any change in design or any alterations that will increase price, Region 4 ESC must be
notified immediately. Price increases must be approved by Region 4 ESC and no payment for
additional materials or services, beyond the amount stipulated in the Contract shall be paid
without prior approval. All price increases must be supported by manufacturer documentation,
or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days
after approval and written notification from Region 4 ESC. It is the Contractor's responsibility
to keep all pricing up to date and on file with Region 4 ESC. All price changes must be
provided to Region 4 ESC, using the same format as was provided and accepted in the
Contractor's proposal.
Price reductions may be offered at any time during Contract. Special, time-limited reductions
are permissible under the following conditions: 1) reduction is available to all users equally; 2)
reduction is for a specific period, normally not less than thirty (30) days; and 3) original price
is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price
reduction during the Contract term.
18) Audit Riqhts. Contractor shall, at its sole expense, maintain appropriate due diligence of all
purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC
reserves the right to audit the accounting for a period of three (3) years from the time such
purchases are made. This audit right shall survive termination of this Agreement for a period
of one (1) year from the effective date of termination. Region 4 ESC shall have the authority
to conduct random audits of Contractor's pricing at Region 4 ESC's sole cost and expense.
Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing
CONTRACT
4
being offered that is materially inconsistent with the pricing under this agreement, Region 4
ESC shall have the ability to conduct an extensive audit of Contractor's pricing at Contractor's
sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third-
party auditing firm. In the event of an audit, the requested materials shall be provided in the
format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor
may substitute a new product or model if the replacement product meets or exceeds the
specifications and performance of the discontinued model and if the discount is the same or
greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be
added to the Contract. Pricing shall be equivalent to the percentage discount for other
products. Contractor may replace or add product lines if the line is replacing or supplementing
products, is equal or superior to the original products, is discounted similarly or greater than
the original discount, and if the products meet the requirements of the Contract. No products
and/or services may be added to avoid competitive procurement requirements. Region 4 ESC
may require additions to be submitted with documentation from Members demonstrating an
interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject
any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contract at
the time they become available under the following conditions: 1) the option is priced at a
discount similar to other options; 2) the option is an enhancement to the unit that improves
performance or reliability.
22) Warrantv Conditions. All supplies, equipment and services shall include manufacturer's
minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in
writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their
work as required or directed. Upon completion of the work, the premises shall be left in good
repair and an orderly, neat, clean, safe and unobstructed condition.
24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared,
unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the
cost of site preparation in a purchase order. Site preparation includes, but is not limited to
moving furniture, installing wiring for networks or power, and similar pre-installation
requirements.
25) Reqistered Sex Offender Restrictions. For work to be performed at schools, Contractor
agrees no employee or employee of a subcontractor who has been adjudicated to be a
registered sex offender will perform work at any time when students are or are reasonably
expected to be present. Contractor agrees a violation of this condition shall be considered a
material breach and may result in the cancellation of the purchase order at Region 4 ESC's
discretion. Contractor must identify any additional costs associated with compliance of this
term. If no costs are specified, compliance with this term will be provided at no additional
charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees
on the worksite and shall erect and properly maintain all necessary safeguards for protection
of workers and the public. Contractor shall post warning signs against all hazards created by
CONTRACT
5
its operation and work in progress. Proper precautions shall be taken pursuant to state law
and standard practices to protect workers, general public and existing structures from injury
or damage.
27) Smokinq. Persons working under the Contract shall adhere to local smoking policies.
Smoking will only be permitted in posted areas or off premises.
28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC,
payment may be made for materials not incorporated in the work but delivered and suitably
stored at the site or some other location, for installation at a later date. An inventory of the
stored materials must be provided to Region 4 ESC prior to payment. Such materials must be
stored and protected in a secure location and be insured for their full value by the Contractor
against loss and damage. Contractor agrees to provide proof of coverage and additionally
insured upon request. Additionally, if stored offsite, the materials must also be clearly identified
as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be
allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite,
as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's
responsibility to protect all materials and equipment. Contractor warrants and guarantees that
title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance.
29) Fundina Out Clause. A Contract for the acquisition, including lease, of real or personal
property is a commitment of Region 4 ESC's current revenue only. Region 4 ESC retains the
right to terminate the Contract at the expiration of each budget period during the term of the
Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate
funds for payment of the contract.
30) Indemnitv. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its
administrators, employees and agents against all claims, damages, losses and expenses
arising out of or resulting from the actions of the Contractor, Contractor employees or
subcontractors in the preparation of the solicitation and the later execution of the Contract.
Any litigation involving either Region 4 ESC, its administrators and employees and agents will
be in Harris County, Texas.
31) Marketinq. Contractor agrees to allow Region 4 ESC to use their name and logo within
website, marketing materials and advertisement. Any use of Region 4 ESC name and logo
or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must
have prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC
prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten
(10) days' notice prior to any modifications or cancellation of policies. The Contractor shall
require all subcontractors performing any work to maintain coverage as specified.
33) Leqal Obliqations. It is Contractor's responsibility to be aware of and comply with all local,
state, and federal laws governing the sale of products/services and shall comply with all laws
while fulfilling the Contract. Applicable laws and regulation must be followed even if not
specifically identified herein.
CONTRACT
6
Docusign Envelope ID: 3B82099D-467B-410C-9FDE-4AD3BFOF4314
OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices proposed within response
unless noted in writing.
Company Name Lone Star Auctioneers, Inc.
Address 4629 Mark IV Parkway
City/State/Zip Fort Worth, Texas 76106
Telephone No. 800-275-3336
Email Address Marilyn@lonestarauctioneers.com
Printed Name Marilyn K. Burgess
Title r.Fnip�o���on+
Authorized signature
Accepted by Region 4 ESC:
Contract No. R240603
Initial Contract Term 12/17/2024 to
�
. l�i vy� a�i�„� ���2�?�rn,a��
Region 4 ESG Autf`iorized 6oard Mem�er
Linda Tinnerman
P int Name
Region 4 ESC A zed Board Member
^^���,o �,�,Z^� 12/31/2027
12/17/2 024
Date
12/17/2 024
Date
DS Initial
�w �
Victor E. White
Print Name
� i
�
�
:_ ::' �.. � ��, 4 � �.:.>" d'� z� � u � �..',;. � � I `� t� ; ,
24-06 Addendum 3
Lone Star Auctioneers Inc
Supplier Response
Event Information
Number: 24-06 Addendum 3
Title: Auctioneer Services
Type: Request for Proposal
Issue Date: 6/21/2024
Deadline: 8/5/2024 02:00 PM (CT)
Notes: PLEASE NOTE THAT THE BOARD MEETING DATE HAS BEEN
CHANGED TO OCTOBER 29, 2024.
Oral communications concerning this RFP shall not be binding and
shall in no way excuse an Offeror of the obligations set forth in this
proposal.
Only online proposals will be accepted. Proposals must be submitted
via Region 4 ESC's online procurement system:
region4esc.ionwave.net.
No manual, emailed, or faxed proposals will be accepted.
NON-MANDATORY PRE-PROPOSAL CONFERENCE
Meeting to be held on
Tuesday, July 16, 2024 at 11:00 am
via ZOOM. Click here to join.
Offerors are strongly encouraged, but not required to participate in a
pre-proposal conference with the Procurement and Operations
Specialist.
Page 1 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
Contact Information
Address: Finance and Operations
7145 West Tidwell Road
TX 77092
Email: questions@esc4.net
Page 2 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
Appendix G, �oc #9
AC!{NQWLE�GMEhfT ANQ AC�EPTANCE
�F REGI�N 4�SC's DPEN R�CC3RDS P�LiCY
❑PEN RECQR�S POI..ICY
All proposais, inforrnation ar�d documents submitted 2�re sub�eGt to the P�tblic Ir�formation Act
requirerr€ents gflv�rned by the 5tate of Texas ance a Cant�act{s} is executed. !f ar� Dfferor
�elieves its resportse, ❑r parts �fi its respar�se, may he �xempted fram disc{asure, the Dfferar
must sp�cify page-�y-page and iine-by-iine the �arts af the respor�se, which it be�ieves, are
exempt ar�d incl�d� d�tailed reasan� to subsiarstiate the exemptiQr�. Price #s nat confidential and
wilf nflt b� with�elci. Any unrriarhed i�formation wi[I be �onsid�red public inforrr�atian and re#eased,
if reques#�d under the Public Informati�n Rct.
The deterrriinatiors Qf whether informatinn is confder�#Fal and r�at suhject ta dis�lflsure +s the duty
�f the O�Fice of Attarney General {C3AG}. Regian 4 E5G must pra�ide the QAG su�Ficient
in€ormation t� render an apinion and th�r�fore, vague an� general Glaims ta canfidentiality by the
flfferor are no# acceptable. R�gian 4 ESG rr�usi comply with the opinions of the OA�. Regi�n �
E5C assumes na responsi�ility for ass�riing I�gal argume+�ts an behaif of any ❑fferar. ��Ferar is
advis�d ta �onsult with their legal co�nsef cancer�#ng discl�sure iss�es resu#ting �roni this
�rncurement process and ta taice preca�tions ta safeguard trade secrets and �th�r �ropri�tary
ir�f�rmatian.
Signat[�re below �erfifies corr�p�ete ar.ceptanc� ❑f Regiorr 4 ESC�s npe�� R�cards Policy,
except as nafed �relow (additran�f pages may he attached, if ne�essary}.
Gheck o�e af t�e fallawing respans�s ta fhe Acknawledgrr�ent and A�ceptanc� ❑f Region 4
ESCs ❑pen Recards Policy below:
� We ac�Cr�owledge Regian 4�5C's �pen R�cords Palicy and de�lare ti�at na infarmatior�
5L1�1iT1[�L@Cf Witii �}1!5 �}f�j3QS�I, ❑r any part af �ur proposal, is exernpt from disclosure �nder
the Pu�fic Infarmatian A�t.
�� We decla�e the following ir�farmatian ta he a irade seGret ❑r propri�tary and �xempt fr�m
discl�sure �nder the �'ublic infarr�a#ion A�t.
{lVofe: �fFerar mtisf specify page-by-page �nd Jrne-hy-lir+e ti�e parts nf the response, wl�r�h it
l��freves, ar� �xsrr�pt. In acfdition, a�feror must in�fude detailed r�asar�s ta su6siantiate th�
exemp�ron{sj. Price is naf �Qnfrden! and wifl r�of be withh��d. All inf�rmation betrevecl to be a trade
se�re� ar,arn�rietaiy must be lisfed. It is furf�er ury�lerst�ad tttat faiirlre t� ider�fify s�r�h in�ormation,
rra sfrrct aGcordan�e with fhe insfructrons, vvifl result rn th�t infarmatiar+ 6etr�g corrsidererl pufal�c
irrf�rmafion atr�l released, rf reqt►�s�ed urrder fhe Public Informatior+ Act.}
D$1��1�4
Date
� �� ��-
�
�lfharix�ci rgnature & Ti e
Appendix B
TERMS & CONDITIONS ACCEPTANCE FORM
Signature on the Offer and Contract Signature form certifi�s complete acceptance of the terms
and conditians in this solicitation and draft Contract except as noted below with proposed
substitute language (additional pages may be attached, if necessary). The provisions of the
RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal
is returned with modifications to the draft Contract provisions that are not expressly approved
in writing by Region 4 ESC, the Contract provisions contained in the RFP sha11 prevail.
Check one of the following responses:
� Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract.
(Note: If none are listed below, it is understood that no exceptions/deviations are taken.)
❑ Offeror takes the following exceptions to the RFP and draft Contract. All exceptions must
be clearly explained, reference the corresponding term to which Offeror is taking exception
and clearfy state any proposed modified language, proposed additional terms to the RFP
and draft Contract must be included:
(Note: Unacceptable exceptions may remove Offeror's proposal from considerafion for
award. Region 4 ESC shall be the sole judge on the acceptance of excepfions and
modificafions and fhe decision shall be final.
If an affer is made with modifications to the contract provisions that are nat expressly
approved in writing, the contract provisions contained in the RFP shall prevail.)
Section/Page Term, Condition, or Exception/Proposed Modification Accepted
Specification (For Region 4
• ESCs use
, . ,
Apperra'ix �. �oc #�
ANTiTRUSi" CER�IFlCATI�iV STAT�M�NTS
{Tex. Ga�er►�m�ent Code § 2955.QQ5�
Attarney General Farm
I affirm under pena�ty af perjury a# fhe laws af the 5iate af Texas that:
1. 1 am d�iy authorized #o �xecute this Contract on my own �ehalf �r an b�hah€ Qf the Gompany,
corporation, firm, partnership ar in�i��dua1 {Campany} listed helow;
2. In canr�ectian with this p�oposaf, �eithe� I nor ar�y re�resentati�e af the Campany has vialated any pravision af
the Texas �ree �nterprise and Antitrust Act, Tex. Bus. & Gornrn_ Gade Chapter 15:
�, In c�nnectian with this p�oposai, neither I nar any representative of the Company has vfolated any fe�eral
antitrust law; and
4. Neither I nor any representative �f the Campar�y has directly �r indirect�y cammunieated any of the contents of
this �rpppsa! tQ a competitar of the Company ❑r any otF�er cQmpany, corporatian, firm, partnership ar indi�icival
engaged in the same line af business as tf�se C�mpany.
Com �ra ny
Lane 5t�r Auctinneers, Inc.
Contact f�
�
5igr�ature
Mar�lyn K. Burgess
�rinted IVame
Address
Phane
4529 Mark IV Parkway
�ort Wor�h, Tx 761 Qfi
8D0-�T5-3336
��OlPresident
Pos�tion witn Company
qff€cial
Authvrizing � ; ; � �� ���
Proposaf �r. �i
5ig'nat�re
Ed Lanf�rd Jr.
Printed Name
Vi�e President
Pasitian with Cnmpany
Fax 817-74�-9777
�ERTIFI�ATE OF INTERESTED PAFtTIES
�vRn� 1295
I of I
Campfete Nos. 1- Q and s ii tf�ere are �nterested parties. �FFIC� U5E �111LY
Comple[e ivos. i, �, 3, 5, and 5 ir tt,ere ar� no inter�ste� parues. CERTIFICATl�h1 aF FILIIVG
1 YJame of business entity filing Fnrm, and the city, Sf3iB dnd COURYYy nf thE #]Ia5[ne55 enYity's place Certificate EJumper:
oi 6usiness. ���4_Z�gr��4q
�a��e Sfar Auctioneers, Inc.
Fort Warth , TX United States E�ate Filed;
2 Name of go�ernmenial entity ar state agency that is a party to the cnntraet for which if�a furm is �B�Q�����`�
heing filed.
RegivFi 4 Education Service Center �Qmnia Par[ners} oat� acknowledged:
3 F'ravide the ident9fication number used by the go�ernmental entity or state agency ea track or identify ihe eontract, and prouide a
descriptian al the ser�'s�es, goods, or ather property ta �e pro�ided under the �antract.
2A.4fi
Auctivneer Ser�ices
Nature pf interest
4
Name of Interested Party City, 5tate, Country {�lace of husinessy {check applicahlej
Cantralling Interrr�ediary
5 Cheek nniy if ther� fs NQ fnterested Party. �
6 uNSWORIV QECLARATiaH
nny �ame is Marilyn K. Burgess , and my date Qf b�rth is November "I $, 1�46
My address Is ���� M�rk IV Parkway Fa�t Wvrth TX 7fi1 Dfi LJSA
{sireat) {r.ityj (sta�e} (zip code] [cqunlry]
I c�eclare under penalty af perjury Fhat [!ie f4tegoing is [rue and carre�t.
Exe�ut�d in Tarrant Cqunry. Sta1e of T�'x�S , on the � day ai A���S� �� �4
qmonthj {year)
.. ,�
Signature au�laori2ed agent oi r.o r� ing tiusiness entily
{Eler,laran4)
Farms pro�ided bv Texas Ethi�s G�mmissian www.ethi�s.state.tx.us Versian V4.1.0.48da51fT
aa���,d,� c, ❑ac # =�
'iexas Gfl�ernrri�nt Cnde �270 Verificatiors Farni
Hause 8ilf 89 (85R L�egEslative S�sskon}, whi�h adds Ghapter 227a ta the Texas Go�ernmer�t Coc{e, pravides that
a governmenta! entity may r�ot enter inta a contract with a campany withouf �erifi�atEon i�at the c�ntra�ting vendor
c�oes n�t and wil� nai b�ycott �srael during ihe term af the contra�t.
Furtf�erm�re, 5enate Bil1 252 t85R �egislative 5essian}, which arriends Chapter �252 �f the iexas Ga�ernment
�pcle t� add Subcha�ter F, prohi�its contra�ting with a compas�y engaged in busir�ess with }ran, Sudan ar a far�ign
terrorist argani�atian ide�tified �n a Eist pr�pared by th� Texas Comptroller.
� Marilyn K. 8urgess . as an autharized repres�ntative of
Lone Star Auc#iane�rs, I nc.
Ins�rt Name af Campany
a contractor engaged by
Re iar� �# �du�atiar� Service Cen�er 7145 1Nest Tidwei� F2Qa� H�uston i�C 7'7�9�, verify by this writing ihat the
above-named company afFirrrrs that it {1} dfles r�at �aycott Israef; ar�d (2} w+lf not boycott Israe� during the term af
this contract, ar any contra�t with #h� abave-named Texas governmental entity in th� f�tur�.
A#so, aur �ompany is �ot list�d on ar�d we �[a not do busin�ss wifh con�panies ihat are an the Texas Camptr�lier �f
P�b�ic Acc�unts list of Des��r�ated F�reign Terrarists �rgani�atians faund at
htt s:llcnm tralfer.texas. Qvl u��cY�asin Icia�slfQret n-terrorist. df.
I further afFirrr; that if �ur �ampany's posi�ion on th�s issue is re�ersed and this affir-rr��tiqr� is no langer valid, tf�at the
above-nam�d �exas gavernmental entity wiil �e notified in writir�g ►rvithin ❑r�e t1) �usiness day and we und�rstand
that aur cQmpany's f�31u�e ta affirm ar�d c�mply with the req�irem�nts of Texas Go�ernrr�ent Cade 2�7� �t sec�.
shall be grounds for imr�ediate contra�t termsnatian with�ut penalty fo the above-t�amed Texas goverrrtrrental entity.
I 5wear and a�Firm that the above is true a��d correct.
�
481Q 1124
S��rrat�;:�e �af Na ed Aut�oriz�d C� ny Representative �ate
Lone Star Auctioneers Inc Information
Contact:
Address
Phone:
Email:
Web Address
Marilyn K. Burgess
4629 Mark IV Parkway
Fort Worth, TX 76106
(817) 740-9400
Marilyn@lonestarauctioneers.com
www.LSAauctions.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Marilyn K. Burgess
Signature
Submitted at 8/2/2024 04:58:12 PM (CT)
Marilyn@lonestarauctioneers.com
Email
Requested Attachments
Texas Government Code 2270 Verification Form
TEXAS GOVERNMENT CODE
2270.pdf
Please complete the Texas Government Code 2270 Verification Form, located on the Attachments tab, and upload the
completed document here.
Value Added Services
Value Add.docx
Provide any additional information related to products and services the Offeror proposes to enhance and add value to
the Contract. For example, a proposal for furniture may include additional value-added selections such as installation,
white glove delivery options, setup/cleaning, classroom design/layout, special orders, etc. (OPTIONAL)
Products and Pricing
Product and Pricing
Information.docx
Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of
line. Describe the full line of products and services offered by supplier.
Contract and Offer Form and Deviation Form
OFFER AND CONTRACT
SIGNATURE FORM.pdf
Please complete the Contract and Offer Form and Deviation Form, located on the Attachments tab, and upload the
completed document here.
Disclosure of Interested Parties form or Evidence of Exemption Form 1295.pdf
If you are required under statute to submit a Disclosure of Interested Parties form (1295 form), you must do so here.
Section 6 must be completed in its entirety. Alternatively, if you are exempt under the statute, you must provide
documentation affirming your exemption. (REQUIRED, see Attribute titled "DISCLOSURE OF INTERESTED PARTIES")
Additional Agreements Offeror will require Participating Agencies to
sign.
Upload any additional agreements offeror will require Participating Agencies here.
Acknowledgment and Acceptance of Region 4 ESC's Open Records
Poi��y
Additional Agreements.docx
ACKNOWLEDMENT AND
ACCEPTANCE (2).pdf
Please complete the Acknowledgment and Acceptance of Region 4 ESC's Open Records Policy, located on the
Attachments tab, and upload the completed document here.
Antitrust Certification Statements
ANTITRUST CERT.pdf
Please complete the Antitrust Certification Statements, located on the Attachments tab, and upload the completed
document here.
Page 3 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
Diversity, HUB Certifications
ATTACHMENTS AND
AUCTIONEER LICENSES.pdf
If your firm holds a certification from certifying agencies related to M/WBE, DBE, HUB, or other diverse business
designations, you may upload the certificate here. (OPTIONAL)
Conflict of Interest Questionnaire
No response
If a conflict exists that requires the submission of a Conflict of Interest Questionnaire (CIQ), complete and upload the
document here. (REQUIRED ONLY IF A CONFLICT EXISTS, see Attribute titled "CONFLICT OF INTEREST
QUESTIONNAIRE" for additional information.)
W-9 Upload
W-9.pdf
Interested offerors must upload an updated Form W-9 prior to submitting a proposal.
OMNIA Partners - Exhibit F Federal Funds Certifications EXHIBIT F FEDERAL FUNDS.pdf
Please complete the OMNIA Partners - Exhibit F Federal Funds Certifications, located on the Attachments tab, and
upload the completed documents here.
OMNIA Partners - Exhibit G New Jersey Business Compliance NJ BUSINESS COMPLIANCE.pdf
Please complete the OMNIA Partners - Exhibit G New Jersey Business Compliance forms, located on the Attachments
tab, and upload the completed documents here.
Response Attachments
IV.EVALUATION PROCESS AND CRITERIA RESPONSE.pdf
IV. EVALUATION PROCESS AND CRITERIA
ATTACHMENTS-TRAINING MATERIAL.pdf
TRAINING INFORMATION SUPPLIED TO MEMBERS
ATTACHMENTS-PROMOTIONAL AND ADVERTISING EXAMPLES.pdf
EXAMPLES OF PROMOTIONAL AND ADVERTISING PLACED BY LONE STAR REGARDING THE ONLINE AUCTIONS
OR TO USED TO PROMOTE OMNIA PARTNERS TO NEW MEMBERS.
3.0 SUPPLIER RESPONSE Sec. 3.0 completed.docx
3.0 SUPPLIER RESPONSE
3.2-3.3 SUPPLIER RESPONSE 3.0 Append D Exh A Final.docx
3.2-3.3 SUPPLIER RESPONSE
ATTACHMENTS-EXAMPLES OF WEBSITE LISTING.pdf
LSOonline.com WEBSITE LISTING EXAMPLES
Bid Attributes
1 I CONTRACT DURATION
{MODIFY DATES AND DELETE THIS NOTE}
The initial term of the Contract is for a period of three (3) years unless terminated, canceled, or extended as
otherwise provided herein. Region 4 ESC shall have the right in its sole discretion to renew the Contract for
additional terms up to two (2) years after the end of the initial term or for a lesser period of time as determined by
Region 4 ESC by providing written notice to the Contractor of Region 4 ESC's intent to renew thirty (30) days prior
to the expiration of the original term. Contractor acknowledges and understands Region 4 ESC is under no
obligation whatsoever to extend the term of this Contract. In the event the proposal term, including renewals, ends
before another proposal is executed, proposal prices and discounts may be extended on a month-to-month basis
by mutual consent. Extensions are limited to the lesser of: a) six (6) additional monthly terms, or b) the time which is
required to complete a new solicitation for the goods and services provided for in this solicitation. Notwithstanding
the foregoing paragraph, the term of the Contract, including any extension of the original term, shall be further
extended until the expiration of any Purchase Order issued within the Contract term for a period of up to one year
beyond the Contract term.
�❑ I certify compliance with this attribute.
Page 4 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
2 I NAME OF INDIVIDUAL COMPLETING THIS PROPOSAL
Paula Hooper
3 I HOW MANY YEARS HAS YOUR BUSINESS OPERATED UNDER ITS PRESENT NAME
40
4 I WHAT IS YOUR CURRENT NUMBER OF CUSTOMER ACCOUNTS?
391
5 I WHAT ARE YOUR BUSINESS HOURS?
Office hours: M-F 8-5;30 Central time, Tech Support 24/7
6 I IS 30 DAYS AFTER RECEIPT OF INVOICE AN ACCEPTABLE PAYMENT SCHEDULE FOR YOUR
BUSINESS?
If Yes, type "YES".
If No, describe your payment schedule in the field provided.
Yes. We pay lonwave members their sales proceeds in full within three business days after auction closings
7 WHAT IS THE STANDARD LEAD TIME FOR RECEIPT OF PRODUCTS AFTER ORDER IS RECIEVED
(ARO), IN DAYS?
Provide your answer in number of DAYS after receipt of order (ARO).
5 days
8 I ACCOUNT MANAGER NAME
Please indicate the name of the account manager we should speak to with concerns about the products and/or
services in this proposal.
Paula Hooper
9 I ACCOUNT MANAGER EMAIL
Paula@LoneStarAuctioneers.com
1 ACCOUNT MANAGER PHONE
0
(817) 569-6099
PAYMENT REMITTANCE ADDRESS
4629 Mark IV Pkwy, Fort Worth TX 76106
1 PAYMENT REMITTANCE PHONE
2
(817) 569-6019
1 CONTRACT/PURCHASE ORDER/QUOTE EMAIL
3 Vendors may choose to have purchase orders emailed to them in PDF format in lieu of having them faxed or mailed.
To elect this option, please offer the preferred email address in the accompanying field. This email address will
apply to any purchases from your company, so the use of a generic email address is suggested, such as
bids@companyname.com or purchaseorders@businessname.com.
marilyn@lonestarauctioneers.com
Page 5 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 I CONTRACT/PURCHASE ORDER/QUOTE FAX NUMBER, IF APPLICABLE
4 If applicable, please provide a fax number to send orders and quote requests.
1 REQUIRED REFERENCE QUOTE OR CONTRACT NUMBER, IF APPLICABLE
5 Enter your quote or contract number and/or any other information our staff would need provide on the face of
purchase orders in order to receive discount percentages and contract pricing.
NA
1 COMPANY WEBSITE ADDRESS, IF APPLICABLE
6
LoneStarAuctioneers.com
1 HOW WERE YOU NOTIFIED OF THIS BID OPPORTUNITY?
7 In order to verify the efficiency of communication tools used to notify vendors of bidding opportunities, we ask that
you provide us with the manner in which you received notification of this request for bid/proposal.
Email
1 REFERENCE 1
$ Please provide the reference of a school and/or business who have utilized the same equipment/products within the
last two years. Include Company/Government name, address, contact name, and contact phone number.
(OMNIA) University of Texas A&M University System All campuses, Texas A&M AgriLife and Forest Service Andrew
Mitchell, Director of Logistics, (979)845-0182
9 REFERENCE 1 EMAIL
Amitchell@vpfn.tamu.edu
2 REFERENCE 2
� Please provide the reference of a school and/or business who have utilized the same equipment/products within the
last two years. Include Company/Government name, address, contact name, and contact phone number.
(OMNIA Partners) City of Euless, 201 N. Ector Dr., Euless TX 76039 Mike Lowry, Purchasing Manager, (817)685-
1447
2 REFERENCE 2 EMAIL
1
Mlowry@ci.euless.tx.us
2 REFERENCE 3
2 Please provide the reference of a school and/or business who have utilized the same equipment/products within the
last two years. Include Company/Government name, address, contact name, and contact phone number.
City of Fort Worth, 1000 Throckmorton, Fort Worth TX 76107 Janie Arreola, Senior Buyer, (817)392-5113
2 REFERENCE 3 EMAIL
3
Janie.Arreola@FortWorth.tx.gov
2 THE U.S. STATE YOUR PRINCIPAL PLACE OF BUSINESS IS LOCATED.
4
Texas
Page 6 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
2 RECIPROCITY
5 For Businesses not located in Texas: Does your state of residence or incorporation require out-of-state bidders to
underbid vendors residing in your state by a prescribed amount or percentage to receive a comparable contract? If
Yes, please input that percentage; If No, please leave the adjacent field blank.
No response
2 PARTIAL AWARD ACCEPTANCE
6 REGION 4 ESC retains the right to award this contract in such a manner that it receives the best overall value for
the goods and/or services requested in this request for proposal or bid, which may include awarding to multiple
vendors.
�❑ I understand.
2 PURCHASE ORDER POLICY
7 REGION 4 ESC purchases tangible goods and services through the use of approved Purchase Orders. Vendors
are highly discouraged from sending products, and/or performing services without prior receipt of an approved
District Purchase Order. While campuses and departments may call for quotes and information, please be advised
the District is not obligated to pay for any services and/or products ordered via telephone or email in without the
presence of a properly executed Purchase Order.
�❑ I understand.
2 ADDENDA NOTIFICATIONS
$ Any addenda to this proposal will be issued electronically through this system. It is vendor's responsibility to review
addenda upon e-mailed notice and retract/amend their submission as deemed necessary. REGION 4 ESC may
choose to mark a proposal received prior to the issuance of an addendum as non-responsive should REGION 4
ESC, in its sole determination, finds the addendum to be of such material change that it warrants such
determination. If such proposal is found non-responsive, REGION 4 ESC will not consider the proposal for
evaluation or further consideration.
�❑ I understand.
2 Provide equipment manufacturer, equipment types and discounts off published list price.
9 �
3 Define any freight charges.
0 �
3 I Describe how Offeror responds to emergency orders.
1
3 What is Offeror's average Fill Rate?
2
100%
3 I What is Offeror's average on time delivery rate? Describe Offeror's history of ineeting the shipping and
3 delivery timelines.
Lone Star typically has the items live on our website within five (5) days of receipt, 7-10 days active on-line, and
collection and payment to the Partner within three days of closing.
Lone Star Operations Manager would receive the list of items to be sold on an emergency basis along with the
numbered images and numbered description spreadsheet and see that the assets would appear on our website
within 24 hours. We would coordinate with the Partner as to the assets needed to be offered to achieve the
calendar nees/goals of the Partner.
3 Describe Offeror's return and restocking policy.
4 All items are sold "As Is, Where Is." There are no returns or restocking.
Page 7 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
3 � Describe Offeror's ability to meet service and warranty needs.
�i'.
There will be no service or warranty needs under this contract. Our Ops Manager and Project Manager are
available to Partners 24/7/365
3 I Describe Offeror's customer service/problem resolution process. Include hours of operation, number
6 of services, etc.
All office staff are trained in problem resolution and customer service. We are available to the general public
business hours and to Partners 24/7/365.
3 I Describe Offeror's invoicing process. Include payment terms and acceptable methods of payments.
7 Offerors shall describe any associated fees pertaining to credit cards/p-cards.
There is no invoicing process with our online auctions. We collect the money from online asset sales and provide
Partners with their full proceeds and reconciled reports within three (3) business days after the close of each
auction.
3 I Describe Offeror's contract implementation/customer transition plan.
8
Lone Star Auctioneers Partner contact and associates will be provided templates, spreadsheets and simple
hands-on instruction as to how to prepare assets and spreadsheets for sale. It is a very simple, intuitive process.
3 I Describe the financial condition of Offeror.
9
Lone Star Auctioneers, Inc. has absolutely no debt, notes, mortgages or financial obligation nor do its two owners
and shareholders. Their combined net worth is well into eight figures. All real estate, company vehicles and FF&E
are owned free and clear. We pay all bills Net 7 in full.
4 Provide a website link in order to review website ease of use, availability, and capabilities related to
0 ordering, returns and reporting. Describe the website's capabilities and functionality.
www.LSO.cc
4 Describe the Offeror's safety record.
� Lone Star Auctioneers has never had a safety incident in the 40 years of our existence.
4 I Provide a brief history of the Offeror, including year it was established and corporate office location.
2
Licensed auctioneers Burgess and Lanford incorporated the company in 1984 and have provided live (over
7600), webcast (dozens) and over 40,000 lots in "ebay style" timed auctions in the past year. We have specialized
in the auction of seized, surplus, abandoned and forfeited property for local, state, educational, and federal
agencies since 1987. Our corporate offices are located in the Lone Star Auctioneers Building in Fort Worth, Texas.
4 I Describe Offeror's reputation in the marketplace.
3
Reviews from our current and former clients are universally laudatory and include descriptive terms such as
"Excellent," "Exceptional, "Responsive." Our performance reviews from the U.S. Marshals Service consistently
rated us 5 of 5 stars for "Quality of Service, Cost Control, Timeliness of Performance, and Business Relations" for
our multiple national contracts for seized and forfeited, jewelry, gold and silver, watches, stamps, fine are and
watches, etc. and for our multi-state contracts for the towing, storage, maintenance and auction of seized and
forfeited vehicles.contracts
4 Describe Offeror's reputation of products and services in the marketplace.
4
Please see response to #43 above.
Page 8 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
4 Describe if distributors/dealers/resellers/subsidiaries/partners ("affiliates") will be used to fulfill the
5 contract. Submit a list of those affiliates authorized to sell under the proposed contract.
Where and how does Offeror propose to maintain an authorized affiliate list so it may be accessed by Participating
Agencies? How often does the supplier propose to update the affiliate list? Confirm the Offeror reviews the financial
health, debarment status and overall general capacity of authorized affiliates. Offerors who us authorized affiliates
are responsible for ensuring authorized affiliates are performing in accordance with the contract.
100% of the requirements of this solicitation will be performed by full-time employees of Lone Star Auctioneers,
I nc.
4 I Describe the experience and qualifications of key employees.
6
Marilyn Burgess, Co-Founder, Co-owner, President and CEO since 1985-Master's Degree in Business
Administration, 40+ years as a practicing, licensed auctioneer; Ed Lanford, Co- Founder, Co-owner, Vice
President/Business Development, Master's Degree plan in Business Administration, 40+ years as a practicing,
licensed auctioneer with almost 1 billion dollars in gross auction sales as Second-Lead Auctioneer; Paula Hooper,
Operations/Online Sales Manager/staff auctioneer, 40 years with Lone Star, 30 years as a practicing, licensed
auctioneer; Karen Plunk, Manager of State Unclaimed Property, Advertising, 28 years with Lone Star; Kathi Awtrey,
IT Manager, 19 years with Lone Star; Marci Howle, Bookkeeping Manager, 21 years with Lone Star; Sim Burgess,
Sale Site/Setup Manager, key licensed staff auctioneer for 40 years
4 I Describe Offeror's experience working with the government sector.
7
4 I Describe past litigation, bankruptcy, reorganization, state investigations of entity or current officers
$ and directors.
Three suits in small claims court for minor all dismissed by judge. Current suit against the Alabama State
Treasurer for the sale of contents of an unclaimed safe deposit box. Lone Star was named in a broad charge for
which we are immune by state statute. There was absolutely no fault in any action or performance.on our part.
4 I Provide Offeror's expertise in working with public sector and understanding of the unique technical
9 regulatory requirements.
We have been selling for the public sector almost exclusively since 1984 and have sold live auctions in Texas,
California, Arizona, Nevada, Colorado, New Mexico, Oklahoma, Louisiana, and Tennessee. Live auctions
regulations vary from state to state and within cities, counties, parishes, and other subordinate jurisdictions. Lone
Star has successfully researched and navigated all local and state laws, requirements, licensing, etc. in each one
successfully over the past 40 years without incident, sanction, citation or penalty. We will research all jurisdictional
requirements, laws, and statutes for each state which would be engaging Lone Star Auctioneers under this
agreement.
5 Indicate if Offeror is licensed to do business in all 50 states.
� �❑ Yes
❑ No
5 I Value Add - Provide any additional information related to products and services Offeror proposes to
� enhance and add value to the Contract.
Lone Star will provide a uniquely meaningful URL for each client to provide as a link to the client's auctions for the
general public to engage.
ALL CURRENT & COMPETITIVELY BID: Fort Worth Police Auto Pound since 1985; Dallas County since 1987;
1988-2020, State of Texas all departments; multiple national USMS contracts for transportation, appraisal, storage,
and auction of seized and forfeited valuables: jewelry, gold, silver, coins, stamps, fine watches, sports memorabilia,
fine art, etc; vehicle contracts for the USMS districts of North and East Texas, South Texas/Houston/Corpus Christi,
& Southern Arizona; Abandoned safe deposit box contents for TX, CA, CO, SC, UT, WY, AL, WV, ME including
storage, appraisal, safekeeping and auction; numerous other cities, counties, universities.
Page 9 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
5 Include a per diem rate.
2
NA
5 For Non-Normal Working Hours, indicate if there is a minimum charge of hours and what the number of
3 hours is.
No after hours charges will apply.
5 Is pricing available for all products and services?
4
Yes
5 Describe any shipping charges (where applicable).
5 None
5 Provide pricing for warranties on all products and services.
6 None
5 Describe any return or restocking fees.
7 None
5 Describe any additional discounts or rebates available. Additional discounts or rebates may be offered
$ for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.
None
5 Describe how customers verify they are receiving Contract pricing.
9
Our Operations Manager will confirm each customer receives the lowest rates offered.
6 Propose the frequency of updates to the Offeror's pricing structure. Describe any proposed indices to
� guide price adjustments. If offering a catalog contract with discounts by category, while changes in
individual pricing may change, the category
discounts should not change over the term of the Contract.
The pricing structure will not change or be updated.
6 Describe how future product introductions will be priced and align with Contract pricing proposed.
1
There will no pricing changes for future features or updates/upgrades.
6 Describe any diversity programs or partners supplier does business with and how Participating
2 Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide
a list of diversity alliances and a copy of their certifications.
NA
6 Minority Women Business Enterprise Certification
3 If yes, list certifying agency.
North Texas Regional Certification Authority
6 Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Certification
4 If yes, list certifying agency.
North Texas Regional Certification Authority SBE & DBE
Page 10 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
6 Historically Underutilized Business (HUB) Certification
5 If yes, list certifying agency.
Comptroller of the State of Texas
6 Historically Underutilized Business Zone Enterprise (HUBZone) Certification
6 If yes, list certifying agency.
NA
6 Other recognized diversity certificate holder
7 If yes, list certifying agency
NA
6 Describe how Supplier will transition any existing Public Agency customers' accounts to the Master
$ Agreement available nationally through OMNIA Partners.
Include a list of current cooperative contracts (regional and national) Offeror holds and describe how the Master
Agreement will be positioned among the other cooperative agreements.
Our most effective marketing technique is our history, reputation and word-of-mouth with potential clients
contacting us to use our system. Our Operations Manager frequently attends local, regional and state purchasing
and affinity conferences and seminars often staffing a booth with visuals, handouts and souvenirs while
showcasing our Omnia Partners sign and logo on all the promotional material. LSA currently has contracts with
Buyboard, Tips and Omnia Partners.
6 Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide
9 permission for reproduction of such logo in marketing communications and promotions.
Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well.
�❑ Yes
❑ No
7 Confirm Supplier will be proactive in direct sales of Supplier's goods and services to Public Agencies
� nationwide and the timely follow up to leads established by OMNIA Partners.
All sales materials are to use the OMNIA Partners logo. At a minimum, the Offeror's sales initiatives should
communicate:
• Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency
• Best government pricing
• No cost to participate
• Non-exclusive
0 Yes
❑ No
7 I Confirm Offeror will train its national sales force on the Master Agreement. At a minimum, sales training
� should include:
• Key features of Master Agreement
• Working knowledge of the solicitation process
• Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners
• Knowledge of benefits of the use of cooperative contracts
�❑ Yes
❑ No
Page 11 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
7 I Provide the name, title, email and phone number for the person(s), who will be responsible for:
2
• Executive Support
• Marketing
• Sales
• Sales Support
• Financial Reporting
• Accounts Payable
• Contracts
Marilyn Burgess, President, Marilyn@LoneStarAuctioneers,com, 817.569.6004; Ed Lanford VP Business
Development/ ED@LSA.CC, 817.569.6006; Paula Hooper, Operations Manager,
Paula@LoneStarAuctioneers.com;Marci Caldwell, Bookkeeping, Marci@LoneStarAuctioneers.com;
7 Describe in detail how Supplier's national sales force is structured, including contact information for
3 the highest-level executive in charge of the sales team.
All sales originate from corporate headquarters with Ed Lanford VP/Business Development and are supported by
our Operations Manager and Advertising Manager.
7 I Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and
4 service the national program.
Our most effective marketing technique is our history, reputation and word-of-mouth with potential clients
contacting us to use our system. Our Operations Manager frequently attends local, regional and state purchasing
and affinity conferences and seminars. We would showcase at such events with the Omnia Partner staff. LSA
would also entertain phone calls of support sale staff with suggestions from the Omnia.
7 Explain in detail how Offeror will manage the overall national program throughout the term of the
5 Master Agreement, including ongoing coordination of marketing and sales efforts, timely new
Participating Public Agency account set-up, timely contract
administration, etc.
Our national sales force is comprised of approximately 153 of our satisfied Omnia sellers that have been using our
services for years and our in-house group of employees who have built personal relationships. We have
telephonic contact, internet social media, trade show booths, and print advertising in local, regional and national
print media. Our word-of-mouth promotion has continued to build LSA's sellers and keeps our current for over 39
years. We have training that is unique to each member thru a Teams meeting or Zoom with supplied easy to follow
materials to use to learn our online process with our Operations Manager/Auctioneer who has been with LSA for
38 years.
7 State the amount of Supplier's Public Agency sales for the previous fiscal year. Provide a list of
6 Supplier's top 10 Public Agency customers, the total purchases for each for the previous fiscal year
along with a key contact for each.
City of Dallas, Perfecta Gallegos $9,196,465.00; Dallas Auto Pound Partners, Thomas Pratt $4,947,522.00; City of
Fort Worth, Brad Hunter $2,005,080.00; City of Irving, Darlene Humphrey $1,475,890.00; Texas A&M University
System, Andrew Mitchell $665,205.00; Dallas ISD, Arthur Harris $414,855.00; Dallas County Mike Frosch
$374,081.00; Fort Worth ISD, Nellie Lucano $104,330.00; State of lowa, Dustin McNulty $92,165.00; Maine State
Treasurer, Laura Hudson (1st year contract) $9,610.00
7 Year 1- Provide the Contract Sales (as defined in Section 12 of OMNIA Partners Administration
7 Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three
years of the Master Agreement ("Guaranteed Contract Sales").
To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the
greater of the actual Contract Sales and the Guaranteed Contract Sales.
$0
Page 12 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
7 Year 2- Provide the Contract Sales (as defined in Section 12 of OMNIA Partners Administration
$ Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three
years of the Master Agreement
To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the
greater of the actual Contract Sales and the Guaranteed Contract Sales.
$0
7 Year 3- Provide the Contract Sales (as defined in Section 12 of OMNIA Partners Administration
9 Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three
years of the Master Agreement
To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the
greater of the actual Contract Sales and the Guaranteed Contract Sales.
$0
8 Please download and thoroughly review the Scope of Work, located on the Attachments Tab. Indicate
� your review and acceptance.
�❑ Yes
8 Oral Communications concerning this RFP shall not be binding and shall in no way excuse an Offeror of
� the obligations set forth in this proposal.
�❑ Yes
8 Please download and thoroughly review the Terms and Conditions, located on the Attachments Tab.
2 Indicate your review and acceptance.
+�❑ Yes
8 I Attribute deleted as part of an Addendum
3
8 Not to Exceed Pricing
4 Re ion 4 ESC re uests ricin be submitted as not to exceed ricin Unlike fixed ricin the Contractor can ad'ust
9� q P 9 p 9� p 9, J
submitted pricing lower if needed but, cannot exceed original pricing submitted. Contractor must allow for lower
pricing to be available for similar product and service purchases. Cost plus pricing as a primary pricing structure is
not acceptable.
8 Provide the number, size and location of Supplier's distribution facilities, warehouses and retail
5 network as applicable.
NA
8 Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the
6 strategy to immediately implement the Master Agreement as supplier's primary go to market strategy for
Public Agencies to supplier's teams nationwide,
to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy
within first 10 days
ii. Training and education of Supplier's national sales force with participation from the Supplier's executive
leadership, along with the OMNIA Partners team within first 90 days
The Implementation of plan is in progress under the current contract.
Page 13 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
8 Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the
7 strategy to market the Master Agreement to current Participating Public Agencies, existing Public
Agency customers of Supplier, as well as to prospective
Public Agencies nationwide immediately upon award, to include, but not limited to:
i. Creation and distribution of a co-branded press release to trade publications
ii. Announcement, Master Agreement details and contact information published on the Supplier's website within first
90 days
iii. Design, publication and distribution of co-branded marketing materials within first 90 days
iv. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI
Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and
supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement
v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners
for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to
provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as
directed by OMNIA Partners.
vi. Design and publication of national and regional advertising in trade publications throughout the term of the
Master Agreement
vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces,
presentations, promotions, etc.)
viii. Dedicated OMNIA Partners internet web-based homepage on Supplier's website with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners' website including the online registration page;
• A dedicated toll-free number and email address for OMNIA Partners
The Implementation of plan is in progress under the current contract.
8 GENERAL TERMS AND CONDITIONS
$ Respondent agrees to comply with the Contract and General Terms and Conditions provided as an attachment to
this online bid event. Any deviations to the Contract and General Terms and Conditions may be provided using the
procedures set forth in the attribute pertaining to deviations.
�❑ I certify compliance with this attribute.
8 DEVIATIONS TO TERMS AND CONDITIONS
9 Any Deviation from the RFP documents, including the General Terms and Conditions, Notice to Offeror, or any other
document presented with terms for consideration by the proposer MUST be documented and presented on the
Deviation Form and attached to this electronic bid event via an electronic upload to the "Response Attachments"
tab. In addition to indicating the requested deviations on the form, additional pages may be provided to more
thoroughly explain each deviation listed on the Deviation Form.
�❑ I certify compliance with this attribute.
Page 14 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
9 FELONY CONVICTION NOTIFICATION
� State of Texas Legislative Senate Bill No. 1 Section 44.034, Notification of Criminal History, Subsection (a), states "a
person or business entity that enters into an agreement with a school district must give advance notice to the
district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must
include a general description of the conduct resulting in the conviction of a felony".
Subsection (b) states "a school district may terminate the agreement with a person or business entity if the district
determines that the person or business entity failed to give notice as required by Subsection (a), or misrepresented
the conduct resulting in the conviction. The district must compensate the person or business entity for services
performed before the termination of the contract".
Subsection (c) states "this section does not apply to a publicly held corporation".
Use the list of values associated with this item to identify your status as it relates to this legal requirement.
Non-Felon - person/owner IS NOT a convicted felon
9 NAME OF FELON AND NATURE OF FELONY, IF APPLICABLE
� If response to previous attribute was "Felon - person/owner IS a convicted felon", vendor shall give the name of the
felon and details of conviction.
If you did not answer "Felon - person/owner IS a convicted felon" in the previous question, type "N/A" in the
respective field.
NA
9 CRIMINAL HISTORY RECORDS REVIEW OF CERTAIN CONTRACT EMPLOYEES
2 Texas Education Code Chapter §22.0834 requires that criminal history records be obtained regarding covered
employees of entities that contract with a school entity in Texas to provide services for that school entity
("Contractors") and entities that contract with school entity contractors ("Subcontractors"). Covered employees with
disqualifying criminal histories are prohibited from serving at a school entity. Contractors/Subcontractors contracting
with a school entity shall (1) maintain compliance with the requirements of Texas Education Code Chapter 22 to the
school entity; and (2) require that each of their subcontractors complies with the requirements of Texas Education
Code Chapter 22. Contractors performing work at a school entity in Texas must comply with these statutes.
Compliance includes providing or causing employees and sub-contractor employees to provide
requested information and fingerprinting upon request.
Covered employees: Employees of a Contractor/Subcontractor who have or will have continuing duties related to
the service to be performed at a school entity and have or will have direct contact with students. The school entity
will be the final arbiter of what constitutes continuing duties and direct contact with students at their school.
�❑ I certify compliance with this attribute.
9 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION
3 Businesses that have been certified by the Texas Building and Procurement Commission (TBPC) or other qualified
agency as Historically Underutilized Business (HUB) entities are encouraged to indicate their HUB status when
responding to this proposal invitation. The electronic catalogs will indicate HUB certifications for vendors that
properly indicate and document their HUB certification on this form.
Select one of the available options:
OPTION A: My business has NOT been certified as HUB.
OPTION B: I certify that my business has been certified as a Historically Underutilized Business (HUB), and I
have/will upload the certification information into the "Response Attachments" Tab located in this online bidding
event.
OPTION B - HUB
Page 15 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
9 DISCLOSURE OF INTERESTED PARTIES
4 Texas state law requires the Disclosure of Interested Parties be filed with a public entity, including regional service
centers and school districts, for any contract which:
(1) requires an action or vote by the governing body; or
(2) has a value of $1 million or more; or
(3) for any services provided that would require an individual to register as a lobbyist under TX Gov't Code Chapter
305.
NOTE: This form is not required if the vendor is a publicly-traded business entity, including a wholly-owned
subsidiary of the business entity (a company in which ownership is dispersed among the general public via shares
of stock which are traded via at least one stock exchange or over-the-counter market).
If you are required by law to submit this form, it must be completed online at the Texas Ethics Commission website.
Obtain a numbered certificate and click the link below to access the instructions and to complete this required form.
Upon completion, vendors required to submit the form must attach it to the proposal via the "Response
Attachments" Tab.
Click here to complete the form on the Texas Ethic Commission's 1295 Form webpac�e.
Please note: The District must verify receipt of all required 1295 forms received within 30 days on the Texas Ethics
Commission website. This verification does not indicate a contract award. Contract awards will be issued via direct
communication from the AISD Purchasing Department. A contract requiring a Disclosure of Interested Parties form is
voidable at any time if:
(1) the governmental entity or state agency submits to the business entity written notice of the business entity's
failure to provide the required disclosure; and
(2) the business entity fails to submit to the governmental entity or state agency the required disclosure on or
before the 10th business day after the date the business entity receives the written notice.
IF UNDER LAW YOU ARE EXEMPT FROM SUBMITTING THIS 1295 FORM, PROPOSERS MUST SUBMIT A
DOCUMENT THAT SHOWS PROOF OR PROVIDES EXPLANATION OF THIS EXEMPTION.
THE FOLLOWING CONTRACTS ARE EXEMPT FROM THE REQUIREMENTS OF TEXAS DISCLOSURE OF
INTERESTED PARTIES LAWS:
• a sponsored research contract of an institution of higher education;
• an interagency contract of a state agency or an institution of higher education;
• a contract related to health and human services if.•
• the value of the contract cannot be determined at the time the contract is executed; and
• any qualified vendor is eligible for the contract;
• a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity;
• a contract with an electric utility, as that term is defined by Section 31.002, Utilities Code; or
• a contract with a gas utility, as that term is defined by Section 121.001, Utilities Code.
�❑ I certify compliance with this attribute.
Page 16 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
9 CONFLICT OF INTEREST QUESTIONNAIRE
5 Re ion 4 Education Service Center Re ion 4 is re uired to com I with Texas Local Government Code Cha ter
9� � 9� )� q P Y p
176, Disclosure of Certain Relationships with Local Government Officers. House Bill 23 significantly changed
Chapter 176 as well as the required disclosures and the corresponding forms. As of September 1, 2015, any
vendor who does business with Region 4 or who seeks to do business with Region 4 must fill out the new Conflict of
Interest Questionnaire (CIQ) if a conflict of interest exists. A conflict of interest exists in the following situations:
1) If the vendor has an employment or other business relationship with a local government officer of Region 4 or a
family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or
2) If the vendor has given a local government officer of Region 4, or a family member of the officer, one or more
gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if
the gift is: (a) a political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a
guest; or
3) If the vendor has a family relationship with a local government officer of Region 4.
"Vendor" means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a vendor. The term
includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract. The term does not include a
state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7).
"Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a
connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal,
state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or
services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Texas Local
Government Code 176.001(3).
"Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity,
as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).
"Local government officer" means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent, administrator,
president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises
discretion in the planning, recommending, selecting, or contracting of a vendor. Texas Local Government Code 176.001(4).
Individuals serving as a Member of the Board of Directors, the Executive Director, Cabinet Members,
and other local government officers may be found at: https://www.esc4.net/about/about-region-4.
For additional information on Conflict of Interest Questionnaire, and the statutes that mandate it, please visit the
following links:
Texas Local Government Code, Section 176
Texas House Bill 23
A blank Conflict of Interest Questionnaire is available by clicking:
https://www.ethics.state.tx. us/data/forms/conflict/C I Q. �df.
If your firm is required to return a completed Conflict of Interest Questionnaire with your proposal submission, use
the "Response Attachments" Tab to upload the completed document.
�❑ I certify compliance with this attribute.
Page 17 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
9 ENTITITES THAT BOYCOTT ISRAEL
6 Pursuant to Chapter 2271 of the Texas Government Code, the Respondent hereby certifies and verifies that neither
the Respondent , nor any affiliate, subsidiary, or parent company of the Respondent , if any (the "Respondent
Companies"), boycotts Israel, and the Respondent agrees that the Respondent and Respondent Companies will not
boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and
include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to
penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business
in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.
EXCEPTIONS: Clause only applies to contracts and contractors that meet the following criteria: (iJ Respondent is not a sole proprietorship; (ii) with 10 or
more full-time employees; and (iii) with a contract to be paid a value of $100,000 or more wholly or partially from public funds of the governmental entity.
�❑ I certify compliance with this attribute.
9 FOREIGN TERRORIST ORGANIZATIONS
7 Section 2252.152 of the Texas Government Code prohibits Region 4 ESC from awarding a contract to any person
who does business with Iran, Sudan, or a foreign terrorist organization as defined in Section 2252.151 of the Texas
Government Code. Respondent certifies that it not ineligible to receive the contract.
�❑ I certify compliance with this attribute.
9 FIREARMS ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION
$ Res ondent verifies that: 1 it does not and will not for the duration of the contract have a ractice olic
P i )� , , P ,p Y�
guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification
required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances
relevant to this provision change during the course of the contract, Respondent shall promptly notify Region 4 ESC.
APPLICABILITY: This c/ause applies only to a contract that: (1) is between a governmental entity and a company with at least 10 full-time employees; and
(2) has a value of at least $100,000 that is paid wholly or partly from public funds of the governmental entity.
EXCEPTIONS: This clause is not required when a state Agency: (1) contracts with a so/e-source provider,� or (2) does not receive any bids from a company
that is able to provide the written verification required by Section 2274.002(b) of the Texas Government Code.
�❑ I certify compliance with this attribute.
9 ENERGY COMPANY BOYCOTT PROHIBITED
9 Respondent represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott
energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not
apply to the contract. If circumstances relevant to this provision change during the course of the contract,
Respondent shall promptly notify Region 4 ESC.
EXCEPTIONS: Clause only applies to contracts and contractors that meet the following criteria: (i) a"company" within the definitions of Section
2274.001(2) of the Tex. Gov't Code; (ii) with 10 or more full-time employees; and (iii) with a contract to be paid a value of $100, 000 or more wholly or
partially from public funds of the governmental entity.
�❑ I certify compliance with this attribute.
1 CRITICAL INFRASTRUCTURE AFFIRMATION
� Pursuant to Government Code Section 2274.0102, Respondent certifies that neither it nor its parent company, nor
0
any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental
entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government
Code Section 2274.0103, or (2) headquartered in any of those countries.
EXCEPTION: Clause only applies to solicitations and contracts in which the contractor would be granted direct or remote access to or control of critical
infrastructure, as defined by Section 2274.0101 of the Texas Government Code, in this state, other than access specifically allowed for product warranty
and support purposes.
The Governor of the State of Texas may designate countries as a threat to critical infrastructure under Section 2274.0103 of the Texas Government Code.
Agencies should promptly add any country that is designated by the Governor to this clause."
�❑ I certify compliance with this attribute.
Page 18 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 OPEN RECORDS POLICY
� All proposals, information and documents submitted are subject to the Public Information Act requirements
1
governed by the State of Texas once a Contract(s) is executed. If an Offeror believes its response, or parts of its
response, may be exempted from disclosure, the Offeror must specify page-by-page and line-by-line the parts of
the response, which it believes, are exempt and include detailed reasons to substantiate the exemption. Price is not
confidential and will not be withheld. Any unmarked information will be considered public information and released, if
requested under the Public Information Act.
The determination of whether information is confidential and not subject to disclosure is the duty of the Office of
Attorney General (OAG). Region 4 ESC must provide the OAG sufficient information to render an opinion and
therefore, vague and general claims to confidentiality by the Offeror are not acceptable. Region 4 ESC must comply
with the opinions of the OAG. Region 4 ESC assumes no responsibility for asserting legal arguments on behalf of
any Offeror. Offeror is advised to consult with their legal counsel concerning disclosure issues resulting from this
procurement process and to take precautions to safeguard trade secrets and other proprietary information.
Check one of the following responses to the Acknowledgment and Acceptance of Region 4 ESC's Open Records
Policy below:
OPTION A: We acknowledge Region 4 ESC's Open Records Policy and declare that no information submitted with
this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act.
OPTION B: We declare the following information to be a trade secret or proprietary and exempt from disclosure
under the Public Information Act and these requested exemptions are uploaded into the "Response Attachments"
Tab located in this online bidding event.
(Note: Offeror must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt.
In addition, Offeror must include detailed reasons to substantiate the exemption(s). Price is not confidential and will
not be withheld. All information believed to be a trade secret or proprietary must be listed. It is further understood
that failure to identify such information, in strict accordance with the instructions, will result in that information being
considered public information and released, if requested under the Public Information Act.)
OPTION A- No proprietary information
1 CONSENT TO RELEASE PROPOSAL TABULATION
� Notwithstanding anything explicitly and properly declared as Confidential or Proprietary Information to the contrary,
2
by submitting a Proposal, Vendor consents and agrees that, upon Contract award, the District may publicly release,
including posting on the public Region 4 ESC and/or OMNIA Partners website(s), a copy of the proposal tabulation
for the Contract including Vendor name; proposed catalog/pricelist name(s); proposed percentage discount(s), unit
price(s), hourly labor rate(s), or other specified pricing; and Vendor award notice information.
�❑ I certify compliance with this attribute.
Page 19 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 CONTRACTING INFORMATION
� If Vendor is not a governmental body and
3
(a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or
services by REGION 4 ESC; or
(b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or
services by REGION 4 ESC in a fiscal year of REGION 4 ESC, the following certification shall apply;
otherwise, this certification is not required.
As required by Tex. Gov't Code § 552.374(b), the following statement is included in the RFP and the Agreement
(unless the Agreement is
(1) related to the purchase or underwriting of a public security;
(2) is or may be used as collateral on a loan; or
(3) proceeds from which are used to pay debt service of a public security of loan):
"The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and Agreement and
the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or
intentionally fails to comply with a requirement of that subchapter."
Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to
(1) preserve all contracting information related to this Agreement as provided by the records retention
requirements applicable to REGION 4 ESC for the duration of the Agreement;
(2) promptly provide to REGION 4 ESC any contracting information related to the Agreement that is in the
custody or possession of the Vendor on request of REGION 4 ESC; and
(3) on completion of the Agreement, either
(a) provide at no cost to AISD all contracting information related to the Agreement that is in the custody
or possession of Vendor, or
(b) preserve the contracting information related to the Agreement as provided by the records retention
requirements applicable to REGION 4 ESC.
�❑ I certify compliance with this attribute.
1 ANTI-TRUST CERTIFICATION STATEMENT
� Vendor affirms under penalty of perjury of the laws of the State of Texas that:
4
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation,
firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company have violated any provision of
the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company have violated any federal
antitrust law; and
(4) Neither I nor any representative of the Company have directly or indirectly communicated any of the
contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or
individual engaged in the same line of business as the Company.
�❑ I certify compliance with this attribute.
1 FEDERAL RULE (A) - CONTRACT TERM VIOLATIONS
�(A) Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR §200.320), which
5
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
Pursuant to Federal Rule (A) above, when federal funds are expended by Region 4 ESC, Region 4 ESC reserves
all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of
breach of contract by either party.
�❑ I certify compliance with this attribute.
Page 20 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 FEDERAL RULE (B) - TERMINATION CONDITIONS
�(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will
6
be effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when federal funds are expended by REGION 4 ESC, REGION 4
ESC reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this
procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to:
(1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation,
contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the
contract and/or the procurement solicitation; (4) to the greatest extent authorized by law, if an award no longer
effectuates the program goals or priorities of the Federal awarding agency or REGION 4 ESC. REGION 4 ESC also
reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if REGION 4
ESC believes, in its sole discretion that it is in the best interest of REGION 4 ESC to do so. The vendor will be
compensated for work performed and accepted and goods accepted by REGION 4 ESC as of the termination date
if the contract is terminated for convenience of REGION 4 ESC. Any award under this procurement process is not
exclusive and REGION 4 ESC reserves the right to purchase goods and services from other vendors when it is in
the best interest of REGION 4 ESC.
+�❑ I certify compliance with this attribute.
1 FEDERAL RULE (C) - EQUAL EMPLOYMENT OPPORTUNITY
�(C) Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted
7
construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
It is the policy of REGION 4 ESC not to discriminate on the basis of race, color, national origin, gender, limited
English proficiency or disabling conditions in its programs. Vendor agrees not to discriminate against any employee
or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms,
conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age
(except where based on a bona fide occupational qualification), sex (except where based on a bona fide
occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every
subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination
in employment herein specified binding upon each subcontractor. Breach of this covenant may be regarded as a
material breach of the Contract.
Pursuant to Federal Rule (C) and the requirements stated above, when federal funds are expended by REGION 4
ESC on any federally assisted construction contract, the equal opportunity clause is incorporated by reference
herein.
�❑ I certify compliance with this attribute.
Page 21 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 FEDERAL RULE (D) - DAVIS BACON ACT/COPELAND ACT
� D Davis-Bacon Act, as amended 40 U.S.C. 3141-3148 . When re uired b Federal ro ram le islation, all rime
g�) � ) q Y P 9 9� P�
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity
must place a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding
agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when federal funds are expended by REGION4 ESC, during the term of an
award for all contracts and subgrants for construction or repair, the vendor will be in compliance with all applicable
Davis-Bacon Act provisions.
�❑ I certify compliance with this attribute.
1 FEDERAL RULE (E) - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
� E 40 U.S.C. 3701-3708 . Where a licable all contracts awarded b the non-Federal entit in excess of
g � )� ) pP� , Y Y�
$100,000 that involve the employment of inechanics or laborers must include a provision for compliance with 40
U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.
3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
Pursuant to Federal Rule (E) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that
during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor
will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.
�❑ I certify compliance with this attribute.
1 FEDERAL RULE (F) - RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
�(F)If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
0
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
Pursuant to Federal Rule (� above, when federal funds are expended by REGION 4 ESC, the vendor certifies that
during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor
agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.
�❑ I certify compliance with this attribute.
Page 22 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
FEDERAL RULE (G) - CLEAN AIR ACT/FEDERAL WATER POLLUTION CONTROL ACT
(G) The Clean AirAct (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process, the
vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process in
excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders,
regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)),
Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental
Protection Agency Regulation, 40 CFR Part 15.
Pursuant to Federal Rule (G) above, when federal funds are expended by REGION 4 ESC, the vendor certifies that
during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor
agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.
�❑ I certify compliance with this attribute.
1 FEDERAL RULE (H) - DEBARMENT AND SUSPENSION
�(H) (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties
2
listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
Pursuant to Federal Rule (I-� above, when federal funds are expended by REGION 4 ESC, the vendor certifies that
during the term of an award for all contracts by REGION 4 ESC resulting from this procurement process, the vendor
certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas.
Vendor shall immediately provide written notice to REGION 4 ESC if at any time the vendor learns that this
certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
REGION 4 ESC may rely upon a certification of a vendor that the vendor is not debarred, suspended, ineligible, or
voluntarily excluded from the covered contract, unless REGION 4 ESC knows the certification is erroneous.
�❑ I certify compliance with this attribute.
Page 23 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 FEDERAL RULE (I) - BYRD ANTI-LOBBYING AMENDMENT
�(I) (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required
3
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (q above, when federal funds are expended by REGION 4 ESC, the vendor certifies that
during the term and after the awarded term of an award for all contracts by REGION 4 ESC resulting from this
procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-
Lobbying Amendment (31 U. S. C. 1352). The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal
contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying'; in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction
imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not /ess than $10,000 and not more than $100,000 for each such failure.
�❑ I certify compliance with this attribute.
1 FEDERAL RULE (J) - PROCUREMENT OF RECOVERED MATERIALS
�(J) When federal funds are expended by REGION 4 ESC, REGION 4 ESC and its contractors must comply with
4
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2)
procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3)
establishing an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
Pursuant to Federal Rule (J) above, when federal funds are expended REGION 4 ESC, as required by the
Resource Conservation and RecoveryAct of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the vendor certifies, by signing
this document, that the percentage of recovered materials content for EPA-designated items to be delivered or used
in the performance of the contract will be at least the amount required by the applicable contract specifications or
other contractual requirements.
�❑ I certify compliance with this attribute.
Page 24 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 FEDERAL RULE (K) - PROHIBITION ON CERTAIN TELECOM AND SURVEILLANCE SERVICE AND
5 EQUIPMENT
(K) Region 4 ESC, as a non-federal entity, is prohibited from obligating or expending Federal financial assistance,
to include loan or grant funds, to: (1) procure or obtain,
(2) extend or renew a contract to procure or obtain, or
(3) enter into a contract (or extend or renew a contract) to procure or obtain, equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential component of any system, or
as a critical technology as part of any system. Covered telecommunications equipment is telecommunications
equipment produced Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities) and physical security surveillance of critical infrastructure and other national security purposes, and video
surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical
infrastructure, and other national security purposes detailed in 2 CFR § 200.216.
The Respondent certifies that it will not purchase equipment, services, or systems that use covered
telecommunications, as defined herein, as a substantial or essential component of any system, or as critical
technology as part of any system.
�❑ I certify compliance with this attribute.
1 FEDERAL RULE (L) - BUY AMERICAN PROVISIONS
�(L) As appropriate and to the extent consistent with law, REGION 4 ESC has a preference for the purchase,
6
acquisition, or use of goods, products, or materials produced in the United States, including but not limited to iron,
aluminum, steel, cement, and other manufactured products, when spending federal funds. Vendor agrees that the
requirements of this section will be included in all subawards including all contracts and purchase orders for work or
products under this award, to the greatest extent practicable under a Federal award. Purchases that are made with
non-federal funds or grants are excluded from the Buy American Act.
Vendor certifies that it is in compliance with all applicable provisions of the Buy American Act. Purchases made in
accordance with the Buy American Act must still follow the applicable procurement rules calling for free and open
competition.
"Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application
of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous
metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber,
and lumber.
�❑ I certify compliance with this attribute.
1 FEDERAL RULE - REQUIRED AFFIRMATIVE STEPES FOR SMALL, MINORITY, AND WOMEN-OWNED
7 FIRMS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS
When federal funds are expended by REGION 4 ESC, Vendor is required to take all affirmative steps set forth in 2
CFR 200.321 to solicit and reach out to small, minority and women owned firms for any subcontracting opportunities
on the project, including:
1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women's business enterprises; and
5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
�❑ I certify compliance with this attribute.
Page 25 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 FEDERAL RULE - FEDERAL RECORD RETENTION
� When federal funds are expended by REGION 4 ESC for any contract resulting from this procurement process, the
8
vendor certifies that it will comply with the record retention requirements detailed in 2 CFR §200.334. The vendor
further certifies that vendor will retain all records as required by 2 CFR §200.334 for a period of five (5) years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and
all other pending matters are closed.
Vendor agrees that REGION 4 ESC, Inspector General, Department of Homeland Security, FEMA, the Comptroller
General of the United States, or any of their duly authorized representatives shall have access to any books,
documents, papers and records of Vendor, and its successors, transferees, assignees, and subcontractors that are
directly pertinent to the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion
relating to such documents. Vendor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed. Vendor agrees to provide the FEMA
Administrator or his authorized representative access to construction or other work sites pertaining to the work
being completed under the Contract.
�❑ I certify compliance with this attribute.
1 FEDERAL RULE - PROFIT NEGOTIATION
� For purchases using Federal funds in excess of $250,000, REGION 4 ESC may be required to negotiate profit as a
9 separate element of the price. (See 2 CFR 200.324(b)).
When required by REGION 4 ESC, Vendor agrees to provide information relating to profitability of the given
transaction and itemize the profit margin as a separate element of the price.
+�❑ I certify compliance with this attribute.
1 FEDERAL RULE - SOLID WASTE DISPOSAL ACT
2 A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must
� comply with section 6002 of the Sold Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceed $10,000; procuring
sold waste management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (78 FR
78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014.)
Pursuant to this federal rule, when federal funds are expended by REGION 4 ESC, the vendor certifies that during
the term of all contracts resulting from this procurement process, the vendor agrees to comply with all applicable
requirements as referenced in this paragraph.
�❑ I certify compliance with this attribute.
1 APPLICABLITY TO SUBCONTRACTORS
2 Vendor agrees that all contracts it awards pursuant to this procurement action shall be bound by the terms and
1
conditions of this procurement action.
�❑ I certify compliance with this attribute.
1 COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
2 When REGION 4 ESC expends federal funds for any contract resulting from this procurement process, Vendor
2
certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
�❑ I certify compliance with this attribute.
Page 26 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 INDEMNIFICATION
2 Acts or Omissions
3 Vendor shall indemnify and hold harmless Region 4, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,
ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising
out of, or resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order
Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders
issued under the Contract.
Infringements
a) Vendor shall indemnify and hold harmless Region 4 and Customers, AND/OR THEIR EMPLOYEES, AGENTS,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third party claims
involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or
intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS
CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER
OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS'
FEES.
b) Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use
of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any
modification made to the product without Vendor's written approval, (iii) any modifications made to the product by
the Vendor pursuant to Customer's specific instructions, (iv) any intellectual property right owned by or licensed to
Customer, or (v) any use of the product or service by Customer that is not in conformity with the terms of any
applicable license agreement.
c) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or
potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor's sole option and
expense; (i) procure for the Customer the right to continue to use the affected portion of the product or service, or
(ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or
service so that Customer's use is non-infringing.
Taxes/Workers' Compensation/Unemployment Insurance — Including Indemnity
a) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR
SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR'S AND VENDOR'S
EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT.
VENDOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS,
INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE
CUSTOMER AND/OR REGION 4 SHALL NOT BE LIABLE TO THE VENDOR, ITS EMPLOYEES, AGENTS, OR
OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR
WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF
ANOTHER GOVERNMENTAL ENTITY CUSTOMER.
b) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, REGION 4 AND/OR THEIR
EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL
LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS' FEES, AND
EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION IN
ITS PERFORMANCE UNDER THIS CONTRACT, VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE
INCLUDING ATTORNEYS' FEES.
�❑ I certify compliance with this attribute.
1 EXCESS OBLIGATIONS PROHIBITED
2 Proposer understands that all obligations of Region 4 ESC under the contract are subject to the availability of state
4
funds. If such funds are not appropriated or become unavailable, the contract may be terminated by Region 4 ESC.
�❑ I certify compliance with this attribute.
1 SUSPENSION AND DEBARMENT
2 Respondent certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared
5
ineligible, or otherwise excluded from participation in the contract by any state or federal agency.
�❑ I certify compliance with this attribute.
Page 27 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
1 CHANGE IN LAW AND COMPLIANCE WITH LAWS
2 Proposer shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing
6
services and products required by the contract to the Region 4 ESC, as these laws, regulations, requirements and
guidelines currently exist and as amended throughout the term of the contract. Region 4 ESC reserves the right, in
its sole discretion, to unilaterally amend the contract prior to award and throughout the term of the contract to
incorporate any modifications necessary for compliance with all applicable state and federal laws, regulations,
requirements and guidelines.
+�❑ I certify compliance with this attribute.
1 I Attribute deleted as part of an Addendum
7
1
2
8
Offerors are requested to provide service forms with detailed description of your service offerings.
Provide service forms with detailed descriptions; at a minimum, Offerors are to include the following
information as it is applicable to their product,
service, and solutions offering:
o Startup 8� Commissioning Services
• Define process for validation of system or equipment operation to design
• Type (e.g., equipment startups, system checkouts, control verification, retro commissioning, M& V verifications,
rebate auditing, other)
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
o Service 8� Maintenance
• Type (e.g., preventative and full maintenance contracts, man-at attendance, remote monitoring, annuals,
emergency services, regulatory compliance, cleaning (e.g., duct, coils and filters), scheduled maintenance (e.g., oil,
chemical and vibration analysis) and other)
• Define processes for each type of service and/or maintenance of the system or the equipment
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
o Installation and Turnkey Contracting
• Type (e.g., retrofit, new construction, energy retrofit, controls new- and upgrade and other)
• Define processes for each type install of the system or the equipment
• Bonding and licensing capabilities
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
o Warranty Services
• Type (e.g., Extended parts & labor (define maximum number of years available), delayed start-up and other)
• Define processes for each type of warranty
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
o Energy Services
• Type (e.g., (Energy Tracking, Energy Analysis, Evaluation of potential upgrades, demand response, rebates and
others)
• Define processes for each type of energy services
• Certifications of personnel
• List key personnel (factory, sub-contract, other)
• References (public sector only)
• Case studies describing benefits of services
o Equipment Rentals
• Type (e.g., chillers, pumps, transformers, terminal units, generators, cooling towers, packaged unitary and other)
• Brands available
• Locations of rental fleet
• Process of accessing rental fleet during disaster event
• List key personnel (factory, sub-contract, other)
Page 28 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
• References (public sector only)
• Case studies describing benefits of services
o Financial Services
• Type (e.g., leasing, prompt and pre-payment discounts, guaranteed
• savings and other)
• Describe type of each funding and availability
• Funding Sources (internal and/or external)
• List key personnel (internal and/or external)
• References (public sector only)
• Case studies describing benefits of services
o Professional Services
• Describe type of each professional service and availability
• Licensing and certification capabilities
• List key personnel (internal and/or external)
• References (public sector only)
• Case studies describing benefits of services
o Site Surveys
• Type (e.g., Equipment, system analysis, operational, architectural and other)
• Describe type of survey
• Licensing and certification capabilities
• Advanced technology uses for each type of survey
• List key personnel (internal and/or external)
• References (public sector only)
• Case studies describing benefits of services
Page 29 of 29 pages Vendor: Lone Star Auctioneers Inc 24-06 Addendum 3
ATTACHMENT
W-9 FORM
Form -
(Rev. October 201 S)
Department of the Treasury
Internal Revenue Service
1 Name (as shown on your
Lone Star Auctioneei
c�)
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2 Business
Reque�t for Taxpayer
Identification Nurnber and Certification
► Go to www.irs.gov/FormW9 for instructions and the latest information.
tax return). Name is required on this Ilne; do not leave
Give Form to the
requester. Do not
send to the IRS.
iierne, u aurerencrrom aoove
3 Check appropriate box for federal tax classlficatlon of the person whose name is entered on Iine 1. Check only one of the
following seven boxes.
❑ Individual/sole proprletar ar ❑ C Corporatlon Q✓ S Corporation ❑ Partnership ❑ TrusUestate
single-member LLC
❑ Limited Ilability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
Note: Check the approprlate box in the Iine above for the tax classification of the single-member owner. Do not check
LLC if the LLC Is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that 1s not dlsregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC th�
is disregarded from fhe awner should checl< the approprlate box for the tax classification of its owner.
U Other (see instrucfions} ►
5 Address (number, street, and apf, or suite no.) See
4629 Mark IV Pkwy
6 City, state, and ZIP code
Fort Worth, Texas 761
7 List account number(s) her
NUITIbeI"
Enter your TIN in the approprlate box. The TIN provided must match the name given on line 1 to avoid social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a �_ m _�
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identificafion number (EIN). If you do not have a number, see How to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer ldentlfication number
Number To Give the Requesier for guidelines on whose number to enter. I—I—I
������0���
Under penaltles of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me}; and
2. I am not sub)ect to backup wiihholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U,S, citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject ta backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, ltem 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA}, and generally, payments
other than interest and dlvidends, you are not required to sign the certification, but you must provide your correct TIN, See the instructlons for Part II, later.
a�y�� Signature of
Here _ _ U.S. person ► /� �}/d�
Date► �o �Ip, 2.7
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and Its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Forrn W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (fIN) which may be your sociai security number
(SSN), individual taxpayer ldentification number (ITIN), adoption
taxpayer identification number {ATIN), or employer identification number
(EIN), to report on an information refurn the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
4 Exsmptions (codes apply only to
aertain entities, not individuals; see
instrucfions on page 3):
Facempt payee code (if any)
Exemptlon from FATCA reporting
code (lf any}
(Apptfes to accounts malnfeined outslde the U.S.)
Requester's name and
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of Income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactiqns)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage Interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. persan {including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the req�esfer with a TIN, you might
be subJect to backup withholding. See Whai is backup withholding,
later.
Cat. No, 10231X Form W-9 (Rev. 10-2018)
OMNIA PARTNERS �XI3IBITS
�XI�IBIT F' - P'�D�RAL FUNDS C�RTIF'ICATIONS
FEDERAL CERTIFICATIONS
ADDENDUM FOR AGREEMENT FUNDED BY U,S. FEDERAL GRANT
TO WHOM IT MAY CONCERN:
Participating Agencies may elect to use federal funds to purchase under the Master Agreement, This form should be
completed and returned.
DEFINITIONS
Contract means a lega! instrument by which a non—Federal entiiy purchases property or services needed to carry out the project
or program under a Federal award, The term as used in this part does not include a legal instrument, even if the non—Federal
entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward
Contractor means an entity that receives a contract as defined in Contract.
Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through
entity and a non—Federal entity that, consistent with 31 U.S.C. 6302-6305;
(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal
awarding agency or pass-through entity to the non—Federal entity to carry out a public purpose authorized by a law of
the United States (see 31 U,S,C, 6101(3)); and not to acquire property or services for the Federaf government or
pass-through entity's direct benefit or use;
(b) Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency
or pass-through entity and the non—Federal entity in carrying out the activity contemplated by the Federal award.
(c) The term does not include:
{1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or
{2) An agreement that provides only,
(i) Direct United States Government cash assistance to an individual;
(ii) A subsitly;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
Federal awarding agency means the Federal agency that provides a Federal award directly to a non—Federal entity
Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section:
(a)(1) The Federal financial assistance that a non—Federal entity receives directly from a Federal awarding agency or
indirectly from a pass-through entity, as described in § 200,101 Applicability; or
(2) The cost-reimbursement contract under the Federal Acquisition Regulations that a non—Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in §
2Q0.101 Applicability,
(b) The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative
agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the
cost-reimbursement contract awarded under the Federal Acquisition Regulations,
(c) Federal award does not include other contracts that a Federal agency uses to buy goods or services from a
contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs}.
(d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement.
Non—Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization
that carries out a Federal award as a recipient or subrecipient.
Nonprofit organizat+on means any corporation, trust, association, cooperative, or other organization, not including IHEs, that;
(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;
(b) Is not organized primarily for profit; and
Version May 18, 2023
OMNIA PARTNERS EXHIBITS
EXHIBIT P' - P'�DERAL FUNDS CERTIrICATIONS
(c) Uses net proceetls to maintain, improve, or expantl the operations of the organization,
Obligations means, when used in connection with a non—Fetleral entity's utilization of funtls untler a Federal award, ortlers
placed for property and services, contracts and subawards matle, and similar transactions during a given periad that require
payment by the nan—Federal entity during the same or a future periotl.
Pass•through entify means a non—Fetleral entity that provides a subaward to a subrecipient to carry out part af a Federal
program,
Recipient means a nan—Fetleral entity that receives a Federal award directly from a Federal awarding agency ta carry out an
activity under a Federal program. The term recipient does not include subrecipients,
Simplified acquisition threshold means the tlollar amount below which a non—Federal entity may purchase property or
services using small purchase methods. Non—Federal entities adopt small purchase procedures in order to expedite the
purchase of items costing less than the simplifietl acquisition threshold. The simplified acquisition threshold is set by the Federal
Acquisition Regulation at 48 CFR Subpart 2,1 (Definitions) and in accordance with 41 U.S.C. 1908, As of the publication of this
part, the simplified acquisition threshold is $250,000, but this thresholtl is periotlically adjustetl for inflation, (Also see definition
of § 200,67 Micro-purchase.)
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal
award received by the pass-through entity. It does not inclutle payments to a contractor or payments to an intlividual that is a
beneficiary of a Federal program. A subaward may be provitled through any form of legal agreement, including an agreement
that the pass-through entity considers a contract.
Subrecipient means a non—Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal
program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other
Fetleral awards directfy from a Fetleral awartling agency,
Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end af period of
performance.
The following provisians may be required and apply when Participating Agency expends federal funtls for any purchase resulting
from this procurement process. Per FAR 52.204-24 and FAR 52,204-25, solicitations and resultant contracts shall contain the
following provisions.
52.204�24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct
2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does
not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in
the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provisian at 52.204-26,
Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3,
Offeror Representations antl Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph
(d)(2) of this provision if the Offeror has represented that it "tloes not use covered telecommunications equipment or services, or
any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the
provision at 52,204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision—
Backhaul, covered telecommunications equipment or services, critical technology, interconnecfion arrangements,
reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25,
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment,
(b) Prohibition.
(1) Section 889{a)(1)(A} of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 {Pub. L. 115-232)
prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a
Version May 18, 2023
OMNIA PARTIV�RS �XHIBITS
EXHIBIT F- FED�RAL FUNDS C�RTIFICATIONS
contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as
a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shail
be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provitle a service that connects to the
facilities of a thirtl-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into
any user data or packets that such equipment transmits or otherwise handles,
(2) Section 8$9(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub, L. 115-
232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing
a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services
as a substantial or essential component of any system, or as critical technology as part of any system, This prohibition applies to
the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a
Federal contract, Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the
facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into
any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Awartl Management (SAM)
(https:llwww.sam.aov} for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation, The Offeror represents that—
(1) It o will, ❑ will not provide covered telecommunications equipment or services to the Government in the performance
of any contract, subcantract or other contractual instrument resulting from this solicitation, The Offeror shall provide the additional
disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph {d}{1) of this section;
and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It o does, ❑ does not use covered telecommunications equipment or services, or use any equipment, system, or service
that uses coveretl telecommunications equipment or services. The Offeror shall provide the additional disclosure information
required at paragraph {e}{2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure forthe representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation
in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer.
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity
identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offeretl (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to
tletermining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision,
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offeretl
(include on the item being maintained; Brand; model number, such as OEM number, manufacturer part number, or wholesaler
number; and item tlescription, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and
explanation of the proposed use of covered telecommunications services antl any factors relevant to determining if such use would
be permissible untler the prohibition in paragraph (b)(1) of this provision,
(2) Disclosure for the representation in paragraph (d)(2) of this provision, If the Offeror has responded "does" in the
representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) Forcovered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity
itlentifier, CAGE code, and whether the entity was the OEM or a tlistributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C} Explanation of the proposed use of covered telecommunications equipment and any factars relevant to
determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
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OMNIA PARTNERS �XHIBITS
�XIIIBIT r - 1+�D�RAL FUNDS C�RTIFICATIONS
(ii) For coveretl services—
(A) ff the service is related to item maintenance; A description of all covered telecommunications services offered
(include on the item being maintainetl; Brantl; model number, such as OEM number, manufacturer part number, or wholesaler
number; antl item description, as applicable); or
(B} If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed
use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the
prohibition in paragraph (b)(2) of this provision,
52,204-25 Prohibitian an Contracting for Certain Telecommunications and Video Surveillance Services ar Equipment
(Aug 2020).
(a) Definitiorrs. As used in this clause—
Backhaul means intermetliate links between the core network, or backbone network, antl the small subnetworks at the edge
of the network (e.g., connecting cell phonesltowers to the core telephone network). Backhaul can be wireless {e.g., microwave) or
wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary
or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical
infrastructure, and other national security purposes, video surveillance and telecommunications equipment protluced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary
of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technotagy means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic
in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items incfudetl on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration
Regulations untler subchapter C of chapter VII of title 15, Cotle of Federal Regulations, and controlletl-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemica! and biological
weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) SpecialEy designed and prepared nuclear equipment, parts and components, materials, software, and technology
covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to
export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code,
or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of
2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow
the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider
A to a customer of telephone company B) or sharing data antl other information resources,
Reasonable inguiry means an inquiry designed to uncover any information in the entity's possession about the identity of
the protlucer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include
an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to
connect to the faciEities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial ar essentlal component means any component necessary for the proper function or performance of a piece of
equipment, system, or service.
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OMNIA PARTN�RS �XI3IBITS
�XHIBIT I' - P'�D�RAL I�'UNDS C�RTIFICATIONS
(b) Prohibition.
(1) Section 889{a}(1}(A) of the John S, McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)
prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a
contract to procure ar abtain, any equipment, system, or service that uses covered telecommunications equipment or services as
a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited
from providing to the Gavernment any equipment, system, or service that uses covered telecommunications equipmenf or services
as�f��;u:f��f;�intial or essential component of any system, or as critical technology as part of any system, unless an exception at
paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described
in FAR 4,2104.
(2) Sectian 889(a)(1)(B) of the John S, McCain National Defense Authorization Act for Fiscal Year 2619 (Pub, L. 115-
232) prohibits the head af an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing
a contract, with an sntity that uses any equipment, system, or service that uses covered telecommunications equipment or services
as a substantial or essenfial component of any system, or as critical technology as part of any system, unless an exception at
paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described
in FAR 4.2104. This prahibition applies to the use of coveretl telecommunications equipment or services, regardless of whether
that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnecfion arrangements;
or
(2) Telecommunications equipment that cannot route or retlirect user data traffic or permit visibility into any user data or
packets that such equipment transmits or otherwise handles,
(d) Reporting requirement.
(1) In the event the Contractor itlentifies covered telecommunications equipment or services used as a subsfantial or essential
component of any system, or as critical technology as part of any system, during contract performance, or the Cantractor is notified
of such by a subconfracfor af any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this
clause to the Contracfing Officer, unless elsewhere in this contract are established procedures for reporting the information; in the
case of the Department of Defense, the Contractor shall report to the website at https:lldibnet.dod.mil. For indefinite delivery
contracts, the Contracfor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for
any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected
ortlers in the report provided at https://dibnet.tlod,mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within ane business day from the date of such identification or notification: the contracf number; the order
number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Gavernment Entity
(CAGE) code (if known}; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Wifhin 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available
information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the effarts it undertook
to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be
incorporated to prevenf future use or submission of covered telecommunications equipment or services,
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph {e) and excluding
paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial
items,
The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any
purchase resulting from this procurement process. Pursuant to 2 C.F,R. § 200.326, all contracts, including small purchases,
awardetl by the Participating Agency and the Participating Agency's subcontractors shall contain the procurement provisions of
Appendix II to Part 200, as applicable.
APPENDIX II TO 2 C�R PART 200
(A) Contracts for mare than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
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OMNIA PARTN�RS �XHIBITS
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(Councils) as au���-Pi���'gr 41 U.S,C. 1908, must address administrative, contractual, or legal remedies in instances
where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to Federa! Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all
rights and privileges untler the applicable laws antl regulations with respect to this procurement in the event of breach of contract
by either party. M B
Does offeror agree? YES Initials of Authorized Representative of
offeror
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the
right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a
breach or default of the agreement by Offeror as detailed in the terms of the contract.
Does offeror agree? YES MB Initials of Authorizetl Representative of
offeror
(C) Equal Employment Opportunity, Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60�1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30
CFR 12319,12935, 3 CFR Part,1964•1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of
Federal ContractCompliance Programs, Equal EmploymentOpportunity, Departmentof Labor."
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction
contract, the equal oppartunity clause is incorporated by reference herein.
Does offeror agree to abide by the above? YES MB Initials of Authorized Representative of offeror
(D) Davis-6acon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legisiation, all prime
construction contracts in excess of $2,000 awarded by non•Federal entities must include a provision for compliance
with the Davis-Bacon Act (40 U.S,C. 3141•3144, and 3146-3148) as supplemented by Department of Labor regulations
(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision
to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non
� Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must
also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public 6uilding or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal
entity must report a11 suspected or reported violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does offeror agree7 YES MB Initials of Authorized Representative of offeror
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by
the non•Federal entity in excess of $100,000 that involve the employment of inechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regufations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
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OMNIA PARTN�RS �XHIBITS
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provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U,S.C. 3704 are applicable ta construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence,
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in
compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for
all contracts by Participating Agency resulting from this procurement process.
Does offeror agree? YES M B Initials of Authorized Representative of offeror
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding
agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to
comply with all applicable requirements as referenced in Federal Rule (F) above,
Does offeror agree? YES M B Initials of Authorized Representative of offeror
(G) Clean Air Act {42 U,S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non•
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U,S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C, 1251-1387j. Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EPA)
In the event Federal Transit Administration (FTA) or Department of Transportation (DOT) funding is used by Participating Public
Agency, Offeror also agrees to include Clean Air and Clean Water requirements in each subcontract exceeding $100,000 financed
in whole or in part with Federal assistance provided by FTA.
Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during
the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror
agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does offeror agree? YES M B Initials of Authorized Representative of offeror
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be
made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance
with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority otherthan Executive
Order12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror cerfifies that during
the term of an award for all contracts by Participating Agency resulting from this procurement process, the afferor certifies that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals
becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from parficipation by any
federal department or agency, the offeror will notify the Participating Agency,
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OMNIA PARTN�RS �XIIIBITS
�XHIBIT T - rED�RAL rUNDS C�RTITICATIONS
Does offeror agree? YES MB
of Authorized Representative of offeror
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a member af Congress in
connection with abtaining any Federal contract, grant or any other award covered by 31 U.S.C. 13�2. Each tier must
also disclose any lobbying with non•Federal funds that takes place in connection with obtaining any Federal award,
Such disclosures are farwarded from tier to tier up to the non-Federal award,
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror cerfifies that during
the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement
process, the offeror cerfifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31
U,S,C, 1352). The undersigned further certifies that;
(1) No Federal apprapriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persan for influencing
or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement,
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer ar employee of any Federal agency, a Member of Congress, an officer or employee af Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any persan who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $1d0,040 far each such failure,
(3) The prospective parficipant also agrees by submitting his or her bid or proposal that he or she shall require that the language
of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify
and disclose accordingiy.
Does offeror agree? YES M B
itials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror
certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that
offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees
submit final expenditure reports or quarteriy or annual financial reports, as applicable, and all other pending matters are closed,
Does offeror agree? YES MB Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that
it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C,F,R, Part 18),
Does offeror agree? YES M B
itials of Authorized Representative of offeror
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OMNIA PARTN�RS �XHIBITS
�XI-IIBIT F - FED�RAL rUNDS CERTIP'ICATIONS
asaa-z�s-s�RTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, ar Federal Transit
Administration funds, afferor certifies that its products comply with all applicable provisions of the Buy America Act and agrees to
provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request,
Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules cafling for free and
open competition. Additionally,
(1) The Contractar agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federa! funds may not
be obligated unless steel, iron and manufactured products usetl in FTA-funded projects are praduced in the United
States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are
listed in 49 CFR 661.7.A general public interest waiver from the Buy America requirements applies to microprocessors,
computers, microcomputers, software or other such devices, which are used solely for the purpase of processing or
storing data. This general waiver does not extend to a product or device that merely contains a microprocessor or
microcomputer and is not used solely for the purpose of processing or storing data. Separate requirements for rolling
stock are set out at 5323Q)(2)(C) and 49 CFR 661,11.
(2) A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids on FTA-
funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed
Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier
subcontractars.
The following certificates titled FTA and DOT Buy America Certification should be completed and returned with the response
as part of FTA and DOT requirements.
FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION {DOT} -
BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENTOF ROLLING STOCK
CERTIFICATE OF CQMPLIANCE
(select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)
The proposer hereby certifies that it will comply with the requirements of 49 U.S,C. 5323Q), and the applicable regulations of 49
CFR 661.11.
Check for YES: �
OR
Certificate of Non-Compliance with 49 USC §5323(j)
The proposer hereby certifies that it cannot comply with the requirements of 49 U.S,C. 5323(j), but may qualify for an exception to
the requirement consistent with 49 U,S.C. 5323Q)(2)(C), and the applicable regulations in 49 CFR 661.7.
Check for YES: ❑
FEDERAL TRASIT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION {DOT} -
BUY AMERICA: CERTIFICATION REQUIREMENT FOR PROCUREMENT OF STEEL OR MANUFACTURED PRODUCTS
CERTIFICATE OF COMPLIANCE (select one of the two options, NOT BOTH)
Certificate of Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it will comply with the requirements of 49 U.S,C. 5323Q)(1), and the applicable regulations in 49
CFR part 661,
Check for YES: �
OR
Certificate of Non-Compliance with 49 USC §5323(j)(1)
The proposer hereby certifies that it cannot comply with the requirements of 49 U,S,C. 5323Q), but it may qua(ify for an exception
Version May 18, 2023
(?�i�I.� F.ai�l'\i•'1t5 �;\il�lii-E'ti
h:\fllf3{'r I� - i�E.C}�'it1[., I�li�[3�iC'E:��r�rr�•;e7'is»s
to the requirem�nt ursuant ta 49 LJ_S.G. 5323{j}42}, as amentled, and fhe appllcable regulations in 49 �F� fi61.7,
�heck ior YES: i�
uoes Qi#erar agree? YE5 � g Initia4s af Autharized Representative af Qf€eror
�fferot s Name: Lane Star Auctloneers, Inc,
Address, CiEy, SfBte, 8f1CI Zf� Cp�B: ¢��� ���k IV Parkway �ort Worth, TeKas 781fi6
Ph4ne Ntimbar: soo-275-33ss
Fax �l�.�mb�r: ��;-�4o-s��;
Printed Name and Tiffe of Authori2etl P,epreseniaEive: Mariiyn K, Surr�ess, CE�!#��esidenf
Eril�ll Address: Mar�]yn�uiones�ara�ictia�eers.com
Signature a€R�thorizsd �2epresentafive: yy
R�te: osiairza
Llnless Suppli�r is exempt [See FAR 25. 903}, �rhen autf�arized �y statufe �r expliciEiy inc�icated E�y Parti�ipating Public Agency,
Buy American reqF�irements will apply v�here only unr�anu�a�fured �onstru�iian material mine� nr produced in the l�nited 5tates
shalf be used (see Subpart �5.5 - Ar�ericar� Recavery ar�d Reinvesirr�enf Acf-Buy Arnerican statute far addifional defailsj.
CEl�1'fFICA7IQN d� ACCESS TfJ REC��2€l5 - 2 C,F.R. � Z40.336
�fferar agr�es �hat the Inspector General of the r�gen�y ar any of �heir duly authari�ed represenEatives shall t�ave access to any
dQcumenis, papers, ar other rec�rds af ofierar fF�al ara pertinsnk to afferQ�s �ischarge of its Qbligar�ans under th� Coniract far
the purpase �f making audi#s, examir�ations, excerpts, ar�d transcripfians. The righf alsa includes fime[y and r�asonable a��ess
fo aFier�r's persar�n�E ior Lhe purpose af i�terview and dis�ussiQn relatin� ko sucfti dvcuments.
Qoes afferar agre�? YE5 M B
Initials o( Ruiharized Representatfve ot offeror
CER'�IF3CA'iE4N OF APPLICRBILITY TO SUBCpNTRACTQRS
Offeror agraes that a[I contracts it awards pursuanl to the Gar�t►act shall be baund by the foreg�ing terms and �on�itions.
C]oes oi#eror agreP? YES MB ini�ials ot Authori2ed Reprasentative of afferflr
CaMMUNITY 4EVELQPMENT 6LDC�L GRAAI7S
F'ur�hases made �nder this cantract may E�e partialEy ar fiilly #un�ed with fetleral grant funds. Furtding far fhis w6rk may �rtcl�d�
Federal Funding sour�es, including Commur+ity aeveiopmenf Bkock Grant jCa8G} funds from fhe U,S. [}epartment af Ho�sing
and Urb�n Develapmenf. Whsn such fiundi�7g is pravided, �iferar shall comply with all ternls, Gan�itions and requirements
enumeraietl by the grant fundi�g sourc�, as we[i as requiremer�ts af Ehe Stafe stalutes for which the �ontract is titiiizetl, whichever
is th� more resiriclive requirement. When usir�g Federaf Funtling, Offeror shall �omply wi�h all wage and 4aiesl rep�rting pr�visions
af fhe Federak E7avis-Bacon Ac�. H�lp-44141.abnr Provisians alsa applies ta this �ontracl.
Ciaes afferar agree? YES M B Initials of Ault�ariasd �eprasentative of offerar
Offeror agrees ta camply with all federal, state, and local laws, rules, regulations and ordinances, as applicabie, It is
further acknv�riedged that afferor certiiies �arnpliance with al� prov�s€ans, laws, a�ts, regulatians, et�. as
specifieal3y noted abave.
gf�er�r's Name: Lane Star Auctianeers Inc.
Address, Gity, S�ale, and zip Cade: 46�9 Mark IV P�rkway Fart Worth, Texas 76106
Vcrsiun �Yfg� [S, 2U?3
QI�11�1:� PARTNFltS F;1HIf31'I'S
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Phane Num�ier: soa•a�s•ssss Fax Num�er: a��-�ao-s��7
Printed Name and �'itle of Rutharized Repres�nfative:
Marifyn K. Surgess, CE�lPresident
Email Address:
Vercian May !S,'{1?3
OMNIA PARTNERS EXHIBITS
EXI3IBIT r- FED�RAL rUNDS CERTIP'ICATIONS
FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL CONDITIONS
Awarded Supplier(s} (also referred to as Contractors) may need to respond to events and lasses where
products and services are needed for the immediate and initial response to emergency situations such as,
but not limited ta, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage
decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By
submitting a prapasal, the Supplier is accepted these FEMA and Additional Federal Funding Special
Conditions required by the Federal Emergency Management Agency (FEMA) and other federal entities.
"ContracY' in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL
CONDITIONS is alsa referred to and defined as the "Master AgreemenY'.
"Contractor" in the below pages under FEMA AND ADDITIONAL FEDERAL FUNDING SPECIAL
CONDITIONS is alsa referred to and defined as "Supplier" or "Awarded Supplier".
Conflicts of Interest
No employee, officer, or agent may participate in the selection, award, or administration of a contract
supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would
arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner,
or an organization which employs or is about to employ any of these parties, has a financial or other interest
in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also
Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3, i. FEMA considers a"financial interest" to be the
potential for gain ar loss to the employee, officer, or agent, any member of his or her immediate family, his
or her partner, or an organization which employs or is about to employ any of these parties as a result of
the particular procurement. The prohibited financial interest may arise from ownership of certain financial
instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer,
or similar interest that might be affected by the particular procurement. ii. FEMA considers an "apparent"
conflict of interest ta exist where an actual conflict does not exist, but where a reasonable person with
knowledge of the relevant facts would question the impartiality of the employee, officer, or agent
participating in the procurement, c. Gifts. The officers, employees, and agents of the Participating Public
Agency nor the Participating Public Agency ("NFE") must neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or parties to subcontracts. However, NFE's may set standards
for situations in which fhe financial interest is de minimus, not substantial, or the gift is an unsolicited item
of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE's written standards of conduct must
provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE's emplayee may be
dismissal, and the penalty for a contractor might be the termination of the contract.
Contractor Integrity
A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred
or suspended, as described in and subject to the debarment and suspension regulations implementing
Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and
Suspension (1989} at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R.
Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract
awards at any level.
Notice of Legal Matters Affecting the Federal Government
In the event FTA or DOT funding is used by Participating Public Agency, Contractor agrees to:
1) The Contractor agrees that if a current or prospective legal matter that may affect the Federal
Government emerges, the Contractor shall promptly notify the Participating Public Agency of the
legal matter in accordance with 2 C.F.R. §§ 180.220 and 1200.220.
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2) The types of legal matters that require notification include, but are not limited to, a major dispute,
breach, default, litigation, or naming the Federal Government as a party to litigation or a legal
disagreement in any forum for any reason.
3) The Contractor further agrees to include the above clause in each subcontract, at every tier,
financed in whole or in part with Federal assistance provided by the FTA.
Public Policv
A contractor must camply with the public policies of the Federal Government and state, local government,
or tribal government. This includes, among other things, past and current compliance with the:
a. Equal opportunity and nondiscrimination laws
b. Five affirmative steps described at 2 C,F.R. § 200.321(b) for all subcontracting under contracts supported
by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7
c. Applicable prevaifing wage laws, regulations, and executive orders
Affirmative Steps
For any subcontracting opportunities, Contractor must take the following Affirmative steps:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minarity businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department af Commerce.
Bid Guarantee
For proposals that are to include construction/reconstruction/renovation and related services. bids must be
accompanied by Certified or Cashier's Check or an approved Bid Bond in the amount of nat [ess than five
percent (5%) of the total bid. Surety shall provide a copy of the Power of Attorney authorizing the Executing
Agent the authority to execute the bid bond documents and bind the surety to the bid bond canditions. The
bid bond shall have a corporate Surety that is licensed to conduct business in the state of the lead agency
and authorized to underwrite bonds in the amount of the bid bond.
Prevailinq Waqe Requirements
When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to compEy with all laws
regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or
Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable
pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any
subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency.
Federal Reauirements
If products and services are issued in response to an emergency or disaster recovery the items below,
located in this �EMA Special Conditions section of the Federal Funds Certifications, are activated and
required when federal funding may be utilized.
2 C.F.R. � 200.328 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses
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1. CONTRACT REMEDIES
Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below
which an NFE may purchase property or services using small purchase methods, currently set at
$250,OOQ for procurements made on or after June 20, 2018,4 must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms and
must provide for sanctions and penalties as appropriate.
1.1 Applicability
This contract provision is required for contracts over the SAT, currently set at $250,000 for
procurements made on or after June 20, 2018. Although not required for contracts at ar below the
SAT, FEMA suggests including a remedies provision.
1.2 Additional Considerations
For FEMA's Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty
clause in afl contracts for any AFG-funded vehicle, regardless of dollar amount. In fhat situation,
the contract must include a clause addressing that non-delivery by the contract's specified date or
other vendor nonperformance will require a penalty of no less than $100 per day until such time
that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This
penalty clause should, however, account for force majeure or acts of God. AFG recipients should
refer to the applicable year's Notice of Funding Opportunity (NOFO) for additional information,
which can be accessed at FEMA.gov.
2. TERMINATION FOR CAUSE AND CONVENIENCE
a. Standard. All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity, including the manner by which it will be effected
and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B).
b. Applicabilitv. This requirement applies to all FEMA grant and cooperative agreement
programs.
3. EQUAL EMPLOYMENT OPPORTUNITY
When applicable:
a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 C.F.R.
§ 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b),
in accordance with Executive Order 11246, Equal Employment Opportunity(30 Fed. Reg.
12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating
to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C).
b. Kev Definitions.
i. Federallv Assisted Construction Contract. The regulation at 41 C.F.R. § 60-
1.3 defines a"federally assisted construction contract" as any agreement or
modification thereof between any applicant and a person for construction work which
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is paid for in whole or in part with funds obtained from the Government or borrowed
on the credit of the Government pursuant to any Federal program invalving a grant,
contract, loan, insurance, or guarantee, or undertaken pursuant ta any Federal
Marii program involving such grant, contract, loan, insurance, or guarantee, or any
application or modification thereof approved by the Government for a grant, contract,
loan, insurance, or guarantee under which the applicant itself participates in the
construction work.
ii. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work"
as the construction, rehabilitation, alteration, conversion, extension, demolition or
repair of buildings, highways, or other changes or improvements to real property,
including facilities providing utility services. The term also includes the supervision,
inspection, and other onsite functions incidental to the actual construction.
c Applicability. This requirement applies to all FEMA grant and cooperative agreement
programs.
d. R_equired Lanqua�. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of
the following contract clause.
Qurinp the performance of this contract, the contractor aqrees as follows:
(1} The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or natianal origin. Such
action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
{2) The contractor will, in all solicitations or advertisements for employses placed by or
an behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or nationalorigin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
(4) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the contractor's
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commitments under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(S) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,
sa that such provisions will be binding upon each subcontractor or vendor. The
cantractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable ta any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the
Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. [n addition, the
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applicant agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: Cancel, terminate, or
suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with respect to
which the failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
4. DAVfS-BACON ACT
a. Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-
3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part
5{Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction). See 2 C.F.R, Part 200, Appendix II(D). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week.
b. Appficabilitv. The Davis-Bacon Act applies to the Emergency Management Preparedness
Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant
Program.
c. Requirements. If applicable, the non-federal entity must do thefollowing:
i. The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitatian. The decision
to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non-Federal entity must report all suspected or
reported violations to the Federal awarding agency.
ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the
Davis-Bacon Act, must also include a provision for compliancewith the Copeland
"Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations at 29 C.F.R. Part 3(Contractors and Subcontractars on Public
Building or Public Work Financed in Whole or in Part by Loans ar Grants from the
United States). The Copeland Anti- Kickback Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to FEMA.
iii. Include a provision for compliance with the Davis-Bacon Act {40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29
CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and AssistedConstruction").
Suqqested Languaqe. The following provides a sample contract clause;
Compliance with the Davis-Bacon Act.
a. All transactions regarding this contract shall be done in
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compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and
3146-3148) and the requirements of 29C.F.R. pt. 5 as may be
applicable. The contractor shall comply with 40 U.S.C. 3141-
3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as
applicable.
b. Contractors are required to pay wages to laborersand mechanics
at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor.
c. Additionally, contractors are required to pay wagesnot less than
once a week.
5. COPELAND ANTI-KICKBACKACT
a. Standard. Recipient and subrecipient contracts must include a provision for compliance with
the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States").
b. Appficabilitv. This requirement applies to all contracts for construction or repair work above
$2,400 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA
Public Assistance Program.
c. Requirements. If applicable, the non-federal entity must include a provisian far compliance
with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department
of Labor regulations at 29 C.F.R. Part 3(Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each
contractor or subrecipient must be prohibited from inducing, by any means, any person
emplayed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to FEMA. Additionally, in accordance with the regulation,
each contractor and subcontractor must furnish each week a statement with respect to the
wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback
Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be
delivered by the contractor or subcontractor, within seven days after the regular payment
date of the payroll period, to a representative of a Federal or State agency in charge at the
site af the building or work.
Sample Languaqe. The following provides a sample contract clause:
Comaliance with the Copeland "Anti-Kickback" Act.
a, Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C.
§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,
which are incorporated by reference into this contract.
b. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the campliance by any
subcontractor or lower tier subcontractor with all af these contract
clauses.
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c. Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a cantractor and
subcontractor as provided in 29 C.F.R. §5.12."
6. CONTRACT WORK HOURS AND SAFETY STANDARDSACT
a Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the
non-Federal entity in excess of $100,000 that involve the employment of inechanics or
laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as
supplemented by Department of Labor regulations at29 C.F.R. Part 5. See 2 C.F.R. Part
200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week
of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or
mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous, or dangerous.
b. Applicabilitv. This requirement applies to all FEMA contracts awarded by the non- federal
entity in excess of $100,000 under grant and cooperative agreement programs that involve
the employment of inechanics or laborers, It is applicable to construction work. These
requirements do not apply to the purchase of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of
intelligence.
c. Suggested Lanquaqe. The regulation at 29 C.F.R. § 5.5(b) provides contract clause
language concerning compliance with the Contract Work Hours and Safety Standards
Act. FEMA suggests including the following contract clause;
Compliance with the Contract Work Hours and Safetv Standards Act.
{1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers ar mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in suchworkweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph (b)(1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum
of
$27 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Federal agency or
loan/grant recipient shall upon its own action or upon written request of an authorized
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representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime cantractor, or any
ather federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor ar subcontractor
far unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of thissection.
(4} Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses setforth in paragraph (b)(1) through (4) ofthissection and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor ar lower tier
subcontractor with the clauses set forth in paragraphs (b)(1) through (4} of thissection.
7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT ORAGREEMENT
a Standard. If the FEMA award meets the definition of "funding agreement" under 37C.F.R.
§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the non- Federal entity must comply with the requirements af 37 C.F.R. Part
401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements), and any
implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F).
b. Applicabilitv. This requirement applies to "funding agreements," but it DOES NOT apply
to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance
Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case
Management Grant Program, and Federal Assistance to Individuals and Households —
Other Needs Assistance Grant Program, as FEMA awards under these pragrams do not
meet the definition of "funding agreement."
c. Fundinq Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines "funding
agreement" as any contract, grant, or cooperative agreement entered into between any
Federal agency, other than the Tennessee Valley Authority, and any contractor for the
performance of experimental, developmental, or research work funded in whoie or in part
by the Federal government. This term also includes any assignment, substitution of
parties, or subcontract of any type entered into for the performance af experimental,
developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.
8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROLACT
a Standard. If applicable, contracts must contain a provision that requires the contractor to
agree to comply with all applicable standards, orders, or regulations issued pursuant to
the Clean AirAct (42 U.S.C. §§ 7401-7671 q.) and the Federal Water Pollution Control Act
as amended (33 U.S.C. §§ 1251-1387). Violations must be reported ta FEMA and the
Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200,
Appendix II(G).
b. Applicability. This requirement applies to contracts awarded by a non-federal entity of
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amounts in excess of $150,000 under a federalgrant.
c. Suqqested Lanquaqe. The following provides a sample contract clause.
Clean Air Act
1. The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.
§ 7401 et seq.
2. The contractor agrees to report each violation to the Participating Public
Agency and understands and agrees that the Participating Public Agency
will, in turn, report each violation as required to assure notification to the
Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided byFEMA.
Federal Water Pollution Control Act
1, The contractor agrees to comply with all applicablestandards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 etseq.
2. The contractor agrees to report each violation to the Participating Public
Agency and understands and agrees that the Participating Public Agency
will, in turn, report each violation as required to assure natification to the
Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
3. The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided byFEMA.
9. DEBARMENT AND SUSPENSION
a Standard. Non-Federal entities and contractors are subject to the debarment and
suspension regulations implementing Executive Order 12549, Debarment and
Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2
C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part
3000 (Non-procurement Debarment and Suspension).
b. Applicabilitv. This requirement applies to all FEMA grant and cooperative
agreement programs.
c. Requirements.
These regulations restrict awards, subawards, and contracts with certain parties
that are debarred, suspended, or otherwise excluded from ar ineligible for
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participation in Federal assistance programs and activities. See 2 C.F.R. Part 200,
Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to
parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the
General Services Administration that contains the names of par�ies debarred,
suspended, or otherwise excluded by agencies, as well as parfies declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530.
In general, an "excluded" party cannot receive a Federal grant award or a contract
within the meaning of a"covered transaction," to include subawards and
subcontracts. This includes parties that receive Federal funding indirectly, such
as contractors to recipients and subrecipients. The key to the exclusion is whether
there is a"covered transaction," which is any non-procurement transaction
(unless excepted) at either a"primary" or "secondary" tier. Althaugh "covered
transactions" do not include contracts awarded by the Federal Gavernment for
purposes of the non-procurement common rule and DFiS's implementing
regulations, it does include some contracts awarded by recipients and
subrecipients.
iii. Specifically, a covered transaction includes the following contracts for goods or
services:
1. The contract is awarded by a recipient or subrecipient in the amount of at
least $25,000.
2. The contract requires the approval of FEMA, regardlessof amount.
3. The contract is for federally-required auditservices.
4. A subcontract is also a covered transaction if it is awarded by the
contractor of a recipient or subrecipient and requires either the approval of
FEMA or is in excess of$25,000.
d. Suqqested Lanauage. The following provides a debarment and suspension clause. It
incorporates an optional method of verifying that contractors are not excluded or
dlsqualified.
Susaension and Debarment
(1} This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.
pt. 3000. As such, the contractor is required to verify that none of the contractor's
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C. F. R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the Participating
Public Agency. If it is later determined that the contractor did not comply with 2
C.F.R, pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in additian to remedies
available to the Participating Public Agency, the Federal Government may pursue
available remedies, including but not limited to suspension and/ar debarment.
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(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or
proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
10. BYRQ ANTI-LOBBYING AMENDMENT
a Standard. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.
FEMA's regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352
and provides, in Appendix A to Part 18, a copy of the certification that is required to be
completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose
any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the Federal
awarding agency.
b. Applicabilitv. This requirement applies to all FEMA grant and cooperative agreement
programs. Contractors that apply or bid for a contract of$100,000 or more under a federal
grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C.
§ 1352; and 44 C.F.R. Part 18.
c. Suggested LanauacLe.
�rd Anti-Lobbvinp Amendment, 31 U.S.C. � 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient who in turn will forward the certification(s) to the awarding
agency.
d. Required Certification. If applicable, contractors must sign and submit tothe non-federal
entity the following certification.
APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
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U�i�I.a i'rIRT�F:RS E\f1f�31"15
GtIi1131T F- l��� Fll'R.al� 1'l'11'175 ['f•.R'I'�[�IC';�'I'fC?\�
Federal contract, fhe making of any Federal grant, the making of any Federal laan,
the enteri��g int❑ �f any cooperative agreement, and the exfension, �antinuation,
renewal, amendrr�enf, ar madifcatic�n of ar�y �ederal cantr-act, grant, loan, Qr
cooperative agreement.
2. If arsy funds other than Federal �ppraprEated f�r�ds ha�e #�een paid or will be paid to
any person far inffu�ncing or a#fernpfing to influence an o#ficer or employee Qf ar�y
agen�y, a Memher af �ongress, an officer ar emplay�e of Congr�ss, ar an empivyee
of a Mern�er of Congress �n conne�iion with tY�is Federal cpntra�f, grant, loan, ❑r
caaperative agre�ment. the undersigned shaEi can�pl�te and suhmit S#andard Forrr�-
�LL. "f�isclos�re Farm ta Report L.o�bying," in a�cardance with i#s instructions.
3. T�e undersigned shal! reguir� that #he language af tl�is certifi�at;an �e in�luded in
the award dacuments fQr all subawards af al� tiers �including SLii7C�li�f�CfS,
subgrants, and confra�ts unc��r grants, laans, and caaperaiive agreements} and that
all subre�ipients shall �ertify a�d dis�lase accar�iingly.
�his ce�tifcation is a material repres�ntatian ❑f fact u}�on whi�h relian�e was pEaced
wl��n ihis transaciian was made ❑r enfered ir�to. Submission of this certificatifln is a
prerequisite fvr making or entering inta this transa�tion fmpased by section 1352, fitie
3'I, L1.S. Code. Any �ersan who fiaiis t� file the required certificatian shal� �e suhject to a
ci�i1 penalfy of nflt less than $10,Qa0 and �ot mare than �10�,fl�0 forea�h such faiiure.
The Contractar, Lon� Star Auctianeers Inc. ����ffes ar affirms the trut�fulness and
accura�y of eac� staternenf of its certificatian arsd dis�losure, if any. In addition, fhe
Can4ractor t�nderstands and agrees tl7at th� ��avisions of 31 U.S.C. Chap. 3S,
Admi��istrative Remedies far Fals Ciairr�s and 5tatements, apply ta this certification and
dis�iasure, if any,
f'J f ��
l'` � ��
.. �
5ignature of Cc�ntractar's Authorized � ial
Marilyn #�. Burgess, CEDIPresident
i�ame and Title af Gontractars Authori�ed Officiai
081a1124
Da#e
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11. PROCUREMENT OF RECOVERED MATERIALS
a Standard. A non-Federal entity that is a state agency or agency of a political subdivision
of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part
200, Appendix II(J); and 2 C.F.R. §200.322.
b. Applicability. This requirement applies to all contracts awarded by a nan- federal entity
under FEMA grant and cooperative agreement programs.
c. Reauirements. The requirements of Section 6002 include procuring only items
designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
d. Suqqested Lanquaqe.
i. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless
the product cannot be acquired—
1. Competitively within a timeframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
ii. Information about this requirement, along with the list of EPA- designated items,
is available at EPA's Comprehensive Procurement Guidelines web site,
ht�s://www.epa.qov/smm/comprehensive-procurement-quideline-cpg-proqram.
The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act."
12. DOMESTIC PREFERENCES FOR PROCUREMENTS
As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent
practicable under a federal award, provide a preference for the purchase, acquisition, or use of
goods, products or materials produced in the United States. This includes, but is not limited to, iron,
aluminum, steel, cement, and other manufactured products.
Applicability For purchases in support of FEMA declarations and awards issued on or after
November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts
and purchase orders for work or products a contract provision encouraging domestic preference
for procurements.
Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the
contractor should, to the greatest extent practicable, provide a preference for the purchase,
acquisitian, or use of goods, products, or materials produced in the United States. This includes,
but is not fimited to iron, aluminum, steel, cement, and other manufactured products. For purposes
of this clause: Produced in the United States means, for iron and steel products, that all
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manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States. Manufactured products mean items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum; plastics and palymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber."
13. ACCESS TO RECORDS
Standard. All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS access to
records, accounts, documents, information, facilities, and staff. Recipients must give
DHS/FEMA access to, and the right to examine and copy, records, accounts, and other
documents and sources of information related to the federal financial assistance award
and permit access to facilities, personnel, and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program
guidance. See DHS Standard Terms and Conditions: Version 8.1 (2098}. Additionally,
Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing
reimbursement to any state, local, tribal, or territorial government, or private non-profit for
activities made pursuant to a contract that purports to prohibit audits or internal reviews
by the FEMA administrator or ComptrollerGeneral.
Access to Records. The following access to records requirements apply to this contract:
i.The Contractor agrees to provide Participating Public Agency, the FEMA
Administrator, the Comptroller General of the United States, or any of their
authorized representatives access to any books, documents, papers, and records
of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts, and transcriptions.
ii.The Contractor agrees to permit any of the foregoing parties to repraduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
iii. The Contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.
iv.ln compliance with the Disaster Recovery Act of 2018, the Participating Public
Agency and the Contractor acknowledge and agree that no language in this
contract is intended to prohibit audits or internal reviews by the FEMAAdministrator
or the Comptroller General of the United States.
14. CHANGES
a. Standard. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant
or cooperative agreement, the cost of the change, modification, change order, or
constructive change must be allowable, allocable, within the scope of its grant or
cooperative agreement, and reasonable for the completion of project scope.
b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes
clause in its contract that describes how, if at all, changes can be made by either party to
alter the method, price, or schedule of the work without breaching the contract. The
language of the clause may differ depending onthe nature of the contract and the end-item
procured.
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15. DHS SEAL, LOGO, AND FLAGS
a, Standard. Recipients must obtain permission prior to using the DHS seal{s}, logos, crests,
ar reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms
and Conditions: Version 8.1(2018).
b. Applicabilitv. FEMA recommends that all non-Federal entities place in their contracts a
pravision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre-appraval.
c. "The contractor shall not use the DHS seal(s), logos, crests, or reproductians of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
16. COMPLIANCE WI7H FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
a. Standard. The recipient and its contractors are required to comply with all Federal laws,
regulations, and executive orders.
b. R�plicability. FEMA recommends that all non-Federal entities place into their contracts an
acknowledgement that FEMA financial assistance will be used to fund the contract along
with the requirement that the contractor will comply with all applicable Federal law,
regulations, executive orders, and FEMA policies, procedures, and directives.
c. "This is an acknowledgement that FEMA financial assistance will be used to fund all or a
partion of the contract. The contractor will comply with all applicabfe Federal law,
regulations, executive orders, FEMA policies, procedures, and directives."
17. NO OBLIGATION BY FEDERALGOVERNMENT
a. Standard. FEMA is not a party to any transaction between the recipient and its contractor.
FEMA is not subject to any obligations or liable to any party for any matter relating to the
cantract.
b. Applicabilitv. FEMA recommends that the non-Federal entity include a provision in its
contract that states that the Federal Government is not a party to the contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other
party pertaining to any matter resulting from thecontract.
c. "The Federal Government is not a party to this contract and is not subject ta any obligations
ar liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter
resulting from the contract."
18. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
a. Standard. Recipients must comply with the requirements of The False Claims Act (31
U.S.C. §§ 3729-3733) which prohibits the submission of false or
fraudulent claims for payment to the federal government. See DHS Standard Terms and
Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the
administrative remedies for false claims and statements made. The nan-Federal entity
must include a provision in its contract that the contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its
actions pertaining to the contract.
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b. Applicabilit�. FEMA recommends that the non-Federal entity include a provision in its
contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative
Remedies for False Claims and Statements) applies to its actions pertaining ta the contract.
c. "The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this contract."
d. !n the event FTA or DOT funding is used by a Participating Public Agency, Contractor
further acknowledges U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part
31, and apply to its actions pertaining to this Contract. Upon execution af the underlying
Cantract, Contractor certifies or affirms the truthfulness and accuracy of any statement it
has made, it makes, it may make, or causes to me made, pertaining ta the underlying
Cantract or the FTA assisted project for which this Contract Work is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the
Federal Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under
a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the
Gavernment reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C.
§ 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
Cor�tractor agrees to include the above clauses in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed thaf fhe clauses shall
nof be modified, except to identify the subcontractor who will be subjecf fo fhe provisions.
FEDERAL TRANSlT ADMINISTRATION (FTA) AND DEPARTMENT OF TRANSPORTATION (DOT)
SPECIAL CONDITIONS
Awarded Supplier(s} (also referred to as Contractors) may be asked to provide products and services
to agencies following Federal Transit Administration and/or Department of Transportation
requirements. By submitting a response, the Supplier is accepting these FTA and DOT Special
Conditions.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
These requiremenfs do not apply to micro-purchases ($10, 000 or less, except for construction
contracts over $2, 000).
(1) The Participating Public Agency and contractor/vendor acknowledge and agree that,
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award
of the underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities to the
purchaser, contractor, or any other party (whether or not a party to that contract) pertaining to any
matter resulting fram the underlying contract.
(2) The contractor agrees to include the above clause in each subcontract financed in whole ar in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be madified,
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except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
These requiremenfs do not apply to micro-purchases ($10, 000 or less, except for construcflon contracts
over $2, 000)
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act af 1986,
as amended, 31 U.S,C. 3801 et seq. and U.S, DOT regulations, "Program Fraud Civil Remedies, "49
CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying cantract, the
contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for
which this contract work is being performed. In addition to other penalties that may be applicable, the
contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, ar fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal
Government deems appropriate.
(2) The contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded
by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties
of 18 U.S.C. 1001 and 49 U.S.C. § 5323(I) on the contractor, to the extent the Federal Gavernment
deems appropriate.
(3) The contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall nat be modified,
except to identify the subcontractor who will be subject to the provisions.
ACCESS TO RECORDS AND REPORTS
(1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain,
complete and readily accessible records related in whole or in part to the contract, including, but not
limited to, data, dacuments, reports, statistics, sub-agreements, leases, subcontracts, arrangements,
other third party agreements of any type, and supporting materials related to those records.
(2) Retention Period. The Contractor agrees to comply with the record retention requirements in
accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and
reports required under this Contract for a period of at not less than three (3) years after the date of
termination or expiration of this Contract, except in the event of litigation or settlement of claims arising
from the performance of this Contract, in which case records shall be maintained until the disposition of
all such litigation, appeals, claims or exceptions related thereto,
(3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to
inspect and audit records and information related to performance of this contract as reasonably may be
required.
(4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access
to the sites of perFormance under this contract as reasonably may be required.
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FEDERAL CHANGES
(1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between Purchaser and FTA, as they may be amended or promulgated from time to time during the term
of this contract. Contractor's failure to so comply shall constitute a material breach of this Contract.
Contractor agrees ta:
a) Maintain all books, records, accounts and reports required under this Contract far a period
of not less than three (3) years after the date of termination or expiration of this Cantract or
any extensions thereof except in the event of litigation or settlement of claims arising from
the performance of this Contract, in which case Contractor agrees to maintain same until
Public Agency, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data
and records with regard to the Project, and to audit the books, records, and accounts with
regard to the Project and to reproduce by any means whatsoever or to copy excerpts and
transcriptions as reasonably needed for the purpose of audit and examination.
FTA does not reguire the inclusion of these requirements of Article 1,01 in subcontracts. Reference 49
CFR 18.39 (a)(99).
CIVIL RIGHTS / TITLE VI REQUIREMENTS
The Participating Public Agency is an Equal Opportunity Employer. As such, the Participating Public
Agency agrees ta camply with all applicable Federal civil rights laws and implementing regulatians. Apart
from inconsistent requirements imposed by Federal laws or regulations, the Participating Public Agency
agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federai assistance
awarded by FTA to support procurements using exclusionary or discriminatory specifications.
Under this Agreement, the Contractor shall at all times comply with the following requirements and shall
include these requirements in each subcontract entered into as part thereof.
(1) Nondiscriminatian — In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.
20000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of
the Americans with disabilities Act of 1990, 42 U.S.C, 12132, and Federal transit law at 49 U.S.C. 5332,
the contractor agrees that it will not discriminate against any employee or applicant for employment
because of race, color, creed, national origin, sex, age, or disability. In addition, the contractor agrees to
comply with applicable Federal implementing regulations and other implementing requirements FTA may
issue.
(2) Equal Emplovment Opportunity — The following equal employment opportunity requirements apply to
the underlying contract:
(a) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the
Contractor agrees to comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R, chapter 60, and
Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment,"
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that
amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take
Version May 18, 2023
OMNIA PARTNERS �XHIBITS
�XHIBIT F - r�D�RAL I+UNDS C�RTIP'ICATIONS
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, national origin, or sex (including sexual
orientatian and gender identity). Such action shall include, but not be limited to, the following:
employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. in addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(b) Age - ln accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S.
Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in
Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 61d1 et seq., U.S. Health and Human Services regulations, "Nondiscriminatian on the
Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part
90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29
U,S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et
seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminafe against
individuals on the basis of disability. In addition, the Contractor agrees to compiy with any
implementing requirements FTA may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed whole or in
part with FederaE assistance provided by FTA, modified only if necessary to identify the affected parties.
INCORPORATION OF FTA 4220.1 F TERMS
(1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisians required
by DOT, as set farth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to
control in the event af a conflict with other provisions contained in this Agreement. The contractor shall
not perform any act, fail to perform any act, or refuse to comply with any Participating Public Agency
request, which would cause the Participating Public Agency to be in violation of the FTA terms and
conditions.
(2) Flow Down — The incorporation of FTA terms has unlimited flow down.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements
of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the recipient deems appropriate, which may
include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
Version May 18, 2023
OMNIA PARTNERS �XHIBITS
�XHIBIT I' - F�D�RAL FUNDS CERTIFICATIONS
4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).
5) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis
of race, cofor, national origin, or sex in the performance of this Contract. Contractor shall carry
out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by Contractor to carry out these requirements is a material breach
of this Contract, which may result in the termination of this Contract or other such remedy as
public agency deems appropriate. Each subcontract Contractor signs with a subcontractor
must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
6) Prompt Payment, Contractor is required to pay each subcontractor performing Work under this
prime Contract for satisfactory performance of that work no later than thirty (30) days after
Contractor's receipt of payment for that Work from public agency. In addition, Contractor is
required to return any retainage payments to those subcontractors within thirty (30) days after
the subcontractor's work related to this Contract is satisfactorily completed and any liens have
been secured. Any delay or postponement of payment from the above time frames may occur
only for good cause following written approval of public agency. This clause applies to both
DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a
DBE subcontractor performing Work related to this Contract is terminated or fails to complete
its Work, and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. Contractor may not terminate any DBE subcontractor and
perform that Work through its own forces, or those of an affiliate, without prior written consent
of Participating Public Agency.
7) DBE Proaram. In connection with the performance of this Contract, Contractor wil! cooperate
with public agency in meeting its commitments and goals to ensure that DBEs shall have the
maximum practicable opportunity to compete for subcontract work, regardless of whether a
contract goaf is set for this Contract. Contractor agrees to use good faith efforts to carry out a
policy in the award of its subcontracts, agent agreements, and procurement contracts which
will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which
are contained in the State energy conservation plans issued under the Energy Policy and Conservation
Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
1) The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1 F, dated November 1, 2008, are
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The contractor shall not perform any act, fail to perform any act,
or refuse to comply with any Participating Public Agency request, which would cause the
Participating Public Agency to be in violation of the FTA terms and conditions.
2) Flow Down — The incorporation of FTA terms has unlimited flow down.
SUSPENSION AND DEBARMENT
Version May 18, 2023
OMNIA PARTN�RS �XHIBITS
EXHIBIT P' - rEDERAL rUNDS CERTII'ICATIONS
The Contractor shall comply and facilitate compliance with U.S. DOT regulations,
"Nonprocurement Suspension and Debarment," 2 C.F.R, part 1200, which adopts and supplements the
U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government Wide
Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each
contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit
(i��'es�ective of the contract amount), and to each contract at any tier that must be approved by an FTA
official irrespective of the contract amount. As such, the Contractor shall verify that its principals,
affiliates, and subcontractors are eligible to participate in this federally funded contract and are not
presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended fram participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted Award; or
fl Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later
determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification,
in addition to remedies available to the AGENCY, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to
comply with the requirements of 2 C.F.R, part 180, subpart C, as supplemented by 2 C.F.R. part 1200,
while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government's express written
consent and notwithstanding any concurrence by the Federal Government in or appraval of the
solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract
and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether
or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Contractor agrees to include the above clause in each subcontract financed in whole or in part with
federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except
to identify the subcontractor who will be subject to its provisions.
CARGO PREFERENCE REQUIREMENTS
Use of United S#ates-Flag Vessels. The contractor agrees:
1) To use privafely owned United States-Flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying contract
to the extent such vessels are available at fair and reasonable rates for United States-Flag
commercial vessels.
2) To furnish within 20 working days following the date of loading for shipments originating within
Version May 18, 2023
OMNIA PARTNERS EXHIBITS
EXHIBIT r- FEDERAL I+UNDS CERTIFICATIONS
the United States or within 30 days following the date of loading for shipments originating outside
the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English
for each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the
FTA recipient (through the contractor in the case of a subcontractor's bill-of lading).
3) To include these requirements in all subcontracts issued pursuant to the contract when the
subcontract may involve the transport of equipment, materials, or commodities by ocean vessel.
FLY AMERICA
Fly America Requirements:
1) Definitions. As used in this clause- "International air transportation" means transportation by air
between a place in the United States and a place outside the United States or between two
places both of which are outside the United States. "United States" means the 50 States, the
District of Columbia, and outlying areas. "U.S.-flag air carrier" means an air carrier holding a
certificate under 49 U.S.C. Chapter 411.
2) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors,
recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air
transportation of personnel (and their personal effects) or property, to the extent that service by
those carriers is available. It requires the Comptroller General of the United States, in the
absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow
expenditures from funds, appropriated or otherwise established for the account of the United
States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag
air carrier is available to provide such services.
3) If available, the contractor, in performing work under this contract, shall use U.S.-fiag carriers for
international air transportation of personnel (and their personal effects) or property.
4) In the event that the contractor selects a carrier other than a U.S.-flag air carrier for international
air transportation, the contractor shall include a statement on vouchers involving such
transportation essentially as follows:
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.-flag air
carrier was not available or it was necessary to use foreign-flag air carrier service for the following
reasons. See FAR § 47.403.
Stated Reason(s}:
5) The contractor shall include the substance of this clause, including this paragraph, in each
subcontract or purchase under this contract that may involve international air transpartation.
RECYCLED PRODUCTS
Version May 18, 2023
OMNIA PARTNERS �XHIBITS
�XHIBIT F - F�DERAL P'UNDS C�RTIFICATIONS
1) The Contractor agrees to provide a preference for those products and services that conserve
natural resources, protect the environment, and are energy efficient by complying with and
facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as
amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency {U.S. EPA),
"Comprehensive Procurement Guideline for Products Containing Recovered Materiafs," 40
C. F. R. part 247.
CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
When applicable:
1) Contractor shall conform, to the extent applicable, to the National Intelligent Transportation
Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512
and as amended by MAP-21 23 U.S.C. § 517(d), note and follow the provisions of FTA Notice,
"FTA National Architecture Policy on Transit Projects," 66 Fed. Reg.1455 et seq., January 8,
2001, and any other implementing directives FTA may issue at a later date, except to the extent
FTA determines otherwise in writing.
ADA ACCESS
1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794,
the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the
Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit
law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on
the basis of disability. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
SAFE OPERATION OF MOTOR VEHICLES
1) Seat Betf Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use
policies and programs for its employees and other personnel that operate company-owned
vehicles, company-rented vehicles, or personally operated vehicles. The terms "company-
owned" and "company-leased" refer to vehicles owned or leased either by the Contractor or
Participating Public Agency.
2) Distracfed Driver - The Contractor agrees to adopt and enforce workplace safety policies to
decrease crashes caused by distracted drivers, including policies to ban text messaging while
using an electronic device supplied by an employer, and driving a vehicle the driver owns or
rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official
business in connection with the work performed under this agreement,
PROMPT PAYMENT
1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactorily performed
no later than thirty (30) days from the date of the Prime Contractor's receipt of each payment
made by the Participating Public Agency. Additionally, within thirty (30) days of satisfactory
completion of all work required of the Subcontractor, the Prime Contractor shall release any
retainage payments withheld to the Subcontractor.
FTA PROTEST NOTIFICATION
A protestant must exhaust all Participating Public Agency Procurement administrative
procedures and remedies before pursuing a protest with the FTA.
1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with the
Participating Public Agency. A protest relating to the process for determining the most responsive
Version May 18, 2023
OMNIA PARTN�RS �XHIBITS
�XHIBIT P' - F�DERAL P'UNDS CERTII'ICATIONS
and respansible contractor shall be filed within five (5) business days after the protestor knows
or should have known the basis of the determination. The Contract Officer shall respond to a
protest within fourteen (14) calendar days after the receipt of the protest. The Purchasing
Manager may grant the Contract Officer an extension for the response if warranted. A request
for reconsideration of any and all determinations by the Contract Officer shall be filed with the
Purchasing Manager within seven (7) calendar days after the receipt of the determination.
2) A protest shall include:
a. The name, address, and telephone number, including FAX number if availabfe, of the
protestor;
b. The signature of the protestor or authorized representative;
c. Identification of the contract/solicitation;
d. A detailed statement of the legal and/or factual grounds of protest including copies
and/or citations of relevant documents, and;
e. The form of relief requested.
3) If any of the above information is omitted or incomplete, then the Protestor shall be notified, in
writing, within two (2) calendar days after that determination, and the Protestor sha11 have two
(2) calendar days in which to remedy the specified problem.
4) The Participating Public Agency will not make award prior to the resolution of a protest, or open
bids prior to resolution of a protest filed before bid opening unless the Purchasing Manager
determines in writing that it is in the best interests of the Participating Public Agency or in keeping
with Item 7 af this procedure to do otherwise. Potential contractors will be advised of a pending
protest if the protest is filed before award.
5) The Purchasing Manager may allow for an informal conference on the merits of a protest with all
interested parties allowed to attend. Interested parties include all bidding contractors, and may
also include a subcontractor or supplier provided they have a substantial economic interest in a
portion af the IFB or RFP.
6) The Purchasing Manager shall respond "in writing", in detail, to each substantial issue raised in
the protest. The Purchasing Manager has the sole authority to make determinatians for the
Participating Public Agency, and a determination shall be considered final when it is labeled as
such. A request for reconsideration will be allowed by the Purchasing Manager if he determines
that data has become available that was not previously known, or that there has been an error
of law or regulation.
7) The Participating Public Agency may proceed with procurement when a protest is pending if the
Participating Public Agency determines that:
a. The items to be procured are urgently required;
b. Delivery or performance will be unduly delayed by failure to make the award promptly;
or
c. Failure to make award will otherwise cause undue harm to the grantee for the Federal
Government.
8) FTA will only entertain a protest that alleges:
a. The Participating Public Agency failed to have or to adhere to its protest procedures, or
Version May 1 S, 2023
o�ivi:� ��.arz•i «:izs e�tiisr�-s
E\f{1BT'T' F- E� E:llf�:ft.-�!. F'l 1�D5 ['l:;E�i'i1=IC'.-11 i0\4
failed to review a complaint or proiest; or
b. Viaiatians o# Federal faw ar regulaiion,
9) A protest ta F�A rnust be fi�ed in a�cardanca with FTA Circular 4220.1 F, avaiiabl� from the
Ganiract flfficer. Sp�cif�cally, pratestars shall file a protest with �TA R�gian 9 or FTA
Headquar#ers Office no �ater than fi�� �5} days after a�inal de�ision is rendered under ti�e
Par�i�ipating Public Agency's pratest pra�edu�e. In instan�es wher� the profestor alleges that
tY�e Partici�ating Pu�lic Agency '{ail�� to maKe a fnal d�termination on Ehe prvtest, protes4ars
shall fife a prQt�st wifh FTA n�t la#erthan fi�e �5} Lalendar days aft�rth� protester knew or shQuld
ha�e known of #he grantee's faifure tQ re��der a f+�a1 defermination an fhe protest.
A protest filed vvith FTA shaif:
a. lncfude th� nam� and addr�ss of the pr�test�r.
b. Id�ntify the grantee, projecf numher, and the num�er of the contract soiicifation.
c. Contain a stater�snt af the grounds for �ratest and any supporting dacumentatian. Tl�is
should detail the alkeged failur� fa �ave or adhere to protest pracedures, failure t� re�iew
a complaint or protest; ar Vi�Eation af Federal law or regulation.
include a copy of l�e Ic�cal protest fiied with the g�-antee and a copy of Ehe grantee's decisfon, if any
�fferar ac�rees tv comply with a�1 terms and canclitinns outlined in the F�MA and Add�t�onal
�'ederaf �'unding Special Conditian$ seGtion af this solicitation.
❑iferar's I�ar�e: Lone 5tar Auc#ianeers, Inc,
Rddress, City, State, a�d Zip �flde:
_ 4F���] Mark 111 Parkwa� Fnrf Wnrth,sex�s_ 7610�_-
Pho�e N�rnhe�: �4�-275-3335 Fax Num�er 8�7-740-9777
Printed Nam� and Tiile af Autharizecf Re�reseniati�e;
Manfyn K. 8urgess. CEqlPresident
�mail Address: _Marilyn c[�i7i�nestarauc#ion�rs.com
5igna#ure of Authorized Represen#ative;
aate: �$1��12�4
Versinn hfuy ]3, 2f12;
OMNIA PARTNERS EXHIBITS
�XI-IIBIT G -1V�W JERS�Y BUSIN�SS COMPLIANC�
NEW JERSEY BUSINESS COMPLIANCE
Suppliers intending to do business in the State of New Jersey must comply with policies and
procedures required under New Jersey statues. All offerors submifting proposals musf complete the
following forms specifc to the State of New Jersey. Completed forms should be submitted with the
offeror's response ta the RFP. Failure to complete the New Jersey packet will impact OMNIA
Partners' ability to promote the Master Agreement in the State of New Jersey.
DOC #1
DOC #2
DOC #3
DOC #4
DOC #5
DOC #6
DOC #7
DOC #8
DOC #9
Statement of Ownership Disclosure
Non-Collusion Affidavit
Affirmative Action Affidavit
Political Contribution Disclosure Form
Stocicholder Disclosure Certification
Disclosure of Investment Activities in Iran, Russia and Belarus
New Jersey Business Registration Certificate
EEOAA Evidence
McBride-Principles
New Jersey suppliers are required to comply with the following New Jersey statutes when
applicable:
� all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A.
10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38;
� Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the
Act;
• Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and
� Bid and Performance Security, as required by the applicable municipal or state statutes.
DOC #1
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certi�ed to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Orqanization: Lone Star Auctioneers, Inc.
Orqanization Address: 4629 Mark IV Parkway Fort Worth, Texas 76106
Part I Check the box that represents the type of business organization:
❑Sole Proprietarship (skip Parts II and III, execute certification in Part IV)
❑Non-Profit Carporation (skip Parts II and III, execute certification in Part IV)
�For-Profit Corporation (any type) ❑ Limited Liability Company (LLC)
❑ Partnership 0 Limited Partnership ❑ Limited Liability Partnership (LLP)
❑ Other (be specific):
Part II
L� I
�❑
The list below contains the names and addresses of all stockholders in the
corporation who own 10 percent or more of its stock, of any class, or of all individual
partners in the partnership who own a 10 percent or greater interest therein, or of all
members in the limited liability company who own a 10 percent or greater interest
therein, as the case may be. (COMPLETE THE LIST BELOW IN THlS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any
class, or no individual partner in the partnership owns a 10 percent or greater
interest therein, or no member in the limited liability company owns a 14 percent or
greater interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is neededl:
I or Susiness Entity
Marilyn K. Burgess
Home Address (for Individuals) or Business Address
4629 Mark IV Parkway Fort Worth, Texas 76106
Ed Lanford Jr. � 4629 Mark IV Parkway Fort Worth, Texas 76106
P�rt II� ❑isc�osu�� oF �a°Io DR GREATER ❑1NNER5HIP IN TH� STOCKH�LCiERS,
RAfiTNERS OR L�C MEMB�RS LlST�❑ IN PART II
!f a hidder has a direct or indire�i parent entity which is publicly Yraded, and �ny �aerson
holds a 1U percent or greater ben�#icia! interes# �n ihe publ€cly traded �arent entity as of
the lasi ar�nual f�d�raf Securifiy and Exchange Commissian �SECy vr foreign �qui�afen#
fiiing, ❑wnershi�a disciosure can #ae met �ay pr�viding I�nks t❑ ih� website�s} containing the last
a�n�al fifing�s} with th� ��d�ral 5ecurities and Exchange Commission �or fareign equiva�ent�
that contair� the r�ame and address ❑f each p�rson f�oldir�g a 14°Io �r greater beneficiai interest
in th� puhlicly traded parent �ntity, alang wi�h the relevant page r�umbers of the fiiing�s} that
can#ain the information on eacf7 such p�r-s�n. Attach additianal sheets if more s�ace is
needed,
Pl�ase list the names and addresses af �ach stack�older, �artr�er �r memk�er awning a'� D
percent or greater inter�st in any correspQnding c�rp4ratitin, partnership andlar limi#e�! liabifity
cQrripany �LLC} listed in Part li ather than #vr any p�hlicly #raded parent entities
referenced abo�e. The dis�losure sha�l he continu�d untif names and addresses of every
naE�cor�a�'ate st��k�olcfer, and individual partner, and member �x�eeding tf�e �� p�rc�nt
�wnership criteria estabfished p�rsuani to N.J.S.A. 52:25-24.2 has been listed. Attaci�
aa�ditional shee'�s if m�re s�ace is neec#ed.
Stoci:liolderlPartnerli�7emE�� r.ind HQme Address {far Individuals} or Susiness Address
C�rres ❑ndin C�ititl� l,iste�l in Part 1[
Part IV Certifica#ion
l, t��ing duly swoer� upon my oath, her�by represent that fhe foregoing infarmatian and any at#achments ther�to
i� the best af my knawledge are tru� and complete. I ackr��wl�dge: that I am authnrix�d ta �x��ute this
certi#ication an hehaEf of the l�idderlpropaser; that the �name �f contraetFng unit� is relying �n the ir�forrrEation
cc�ntained herein and that I am under a cont{n�ing ohligat�an from the date of fhis �ertifi�atian thrvugh the
completiar� af any contracts with �type eaF coritractiRg urrrt� to nofify the �#ype of Gontracting unic� in writing
af any �hanges ta the inforrr�atiar� contained h�rein; that I arr� aware that it is a criminal offense to make a false
statemeni or misrspresentatior� ir� this certification, ar�d if I do so, I am su�je�t ta criminal prosecution u�der the
law and that it wil� cansfitufe a material �rea�h af my agreem�n#{s] wi#h the, permiiting the �type �f
cc�ntrac#rng unit� to declare any cantra�t(s} rest�lting fram this certification void and unenfarceabie.
Ful! Nan�e {[��-inf}: � Marilyn K. �urgess �� � �irle; � C�plPresident
5i�naEure: -��J��l� �� �� ri��. �,_� I Date: i 0$ID'1124
DOC #2
NON-COLLUSION AFFIDAVIT
STANDARD BID DOCUMENT REFERENCE
Reference: VII-H
Name of Form: NON-COLLUSION AFFIDAVIT
Statutory Reference: No specific statutory reference
State Statuto Reference N.J.S.A, 52;34-15
Instructions Reference: Statutory and Other Requirements VII-H
The Owner's use of this form is optional. It is used to ensure that
Description: the bidder has not participated in any collusion with any other
bidder or Owner representative or otherwise taken any action in
restraint of free and com etitive biddin .
NOI�T-CnLLi1�I�iV A�'.�'iDAV[T
State ot New ,i�rsey
Cotlnty ❑l' Tarrant
SS:
I Marllyr� K. Burgess residi��� iF� Fvrt Wa�th
(namc nf al'Fmnt! (���ur�e p1'municip�alily 1
i�t t11e Cn�Fnt�' of iarrant �t��d 5tate r�f rexas ��#'���I
age. hcin� d�ily s���ar3a �cCprdiF�g t❑ fa��+ i�n m�� t�ath depnse ac�d sat� ihat:
1 am C��IPresident
{titie vr pvsikipnj
Marilyn K, B�,rgess
e��Citl�d AucNone�r Services
t�f'tlze ti�7n oi- Lona StarAuctioneers, Inc.
{name af f rmj
the ��id�ler 3�ia�:i�i�; t��is Prt�pnsal f�r t��e L�id
and that I cx�cuted t��e �a'sd ps�aposal with
(�itic nS'hEd pruposail
fu[1 aiiil�c���ity ta do sa tliat said bi�der� ��as ��ot, dit�ectly ar ii3directly enle��er� into any a�reemenl,
participated i�� any callusiatt, c�r other�vise takeri any acti�i� in restrafnt t�f fre;e, cam��etiti��c: L�iddin� in
con�7e�tion with th� al�ave nam�d �roject; arzd t�lal a!I st��te���e�its contained i�� saicl proprasal and in this
afficlavit a��e irue ai�d correcl, and rnade witl� f�iil kr�o��l�rl�L th�t the
�mnla Partr�ers �-elies izpoi� tlie tr��tti ❑f tlie state�neiits contai�ed in said 1'rapasal
{namc ui'cnnu�ictin� E�{TiE1
ancj in the st:�te��ients Gantaiii4�f i�z tl�is af'fida�it in hwardi�i� ilie �c�nt�•�ct tior- the said p��oject.
I furtl�e�� wa�-ra��t that �to ��ersa�i �r sellin�, a�ency has bcGr� empl�7y�d or retai3red ti� soficit a�- secuf'e sii�}�
CQ13�i'c3CC Lf�J017 c3t] a.�CL'ClT1L'll� Ol' Ui7Cj�1'ST31lf�111�* FDl' ft CQS11i17itiSIC7i7, pere�nta�e, hroket�a�e, «r coi�tin�ent
fee, e�cept bo�:� f€de ei��plavices t�r bnn� ficle est�b�isl�ed cocn�n�res�l ❑�� s�lli��� a�;encizs maii�tainec! l�y
�one Sfar AuctiQneers, Ir��.
Suhscri6ed �nd swan� to
i. . ]� ]
�efore me tl;is day 2' J l��f�.� r_ , ��
� Sig��atlFr•e
August 1 ? �4
1.�.��,��'��-�
Nota:y pi�blic of
Marci Haw{c
(Type ot� pt-ii�i naine o1�aFfiant under signtft►ire)
My Ca�ninissit�i� e�pises'�� l � .�(�`�f --� ��, ����.-L�'
�
{Seal}
�_. �"�e ,. MARCI H4w��
���` Ha[dry 10 7}2$}64444
���:
s��i�� My Commiss�an Ekpir@s
p�' cf � January 31 , 2fl2fi
I3t]C' #3
AI'FIR��ATIVE ACTIi�N AFFi��AVIT
{P.L. 19�5, C.127}
Cani�,anS� Nanze: Lane Sfar Auction��rs �nc,
Street: 48�9 Mark IV Parkway
C�ty, �tate, Zi� Cade: �ort Worth, Texas 7G'€a5
1'rnnosa[ Certific��tian:
�n�licate Ueln�v cc�m����y's c.oin�alia«ce �vith Ne�v .iersey Af7��•srtati�e Action re�«latia��s. (:om�ai�y's
prapasai ���ill hc�. �tG.4epted eve�� if' ron�pa;iy is ��c�t ii� cai�ipliaiice at tl�is ti�ne. No cn�7traci a��dlor
p��rc}iase ordez• n�ay 6c isst�ed, hr��vever, until all Affir�r�ativ� n�tia:� reqtiire�n�nt� ai�e �r�et.
Re uired Affirmative ,�,c:tion E�idenc�:
Pro�ttrt.ment, �'r��fessianai & Se�•vi�e Cant:-acts [Exhi�it A�
Veitidors izltist_s�iloF�iit �vith ��-��p��sal:
]. A phc�loco�,y nf a��alicl �ettet• t�iat tl�e coiits-a�ta�- is aperatin� �tndee an e�;istiil� Tedei-ally
a��raved nr sai�ctis�ne�i affir�z�ati�e ��tint} pra��-am �gaa�l fi�r nne year f�-om t��e c3atc af the
lette�-};
f]R
A pl�ot��cc�py ❑f a CerEitic�t� of EmplQyee [riFn��si�atia�� Re�r�i-� �ppr�a�al, isst�ed in
accgrdance witl� N.J.A.C. 17:27-�}:
o�
3. A photacupy of an E�r�pl�yee ]z�tari��atiai� R����•t tFnrm n�34? ] pr��vi�i�d b}� the Divisian
a�' G�»traLt Camplia��ce az��i �qua� Enipinyir�ei�t pp]�ortimity it� P�iblic Co�ttt'�.cts and
distribut�:�f to the pu�lic a�e»cy to be �.omp€eted �y tl�c cor►tt'��tizr in c]CCOI'E{�T]C� WIl�7
N.J.A.C, l 7:27-�.
Pubfic Wark — Dr+er �aU 0�[1 Ta#a1 Pra'ect Cost:
A. Nn approved Fecler�l ❑e New .lersey AfFirmative Actian Plai�. We wili G��n�plet� Report Farm
AA2(]�. A praject contract �I3 riuii�be�� wil[ 6e assi�n�� to yt�ur fii`m ti�an re:ceipt of �he
�a�n�leted li�it�al Yr��ject Warktarce Repart �AA?4i} tor this cc�i�t��act.
I3. Appra�ed �'ederal ❑r Ne�v ,lersey Pi�n — ce��ti�s:ate enclosed
1_fr-ri'lI7C'7" CL']'21J]� tJ7Ci1 1�7� Sfi11C7yTC'17I5' Clfll� iiPfpl'i7TClf7C717 C[7171C1I17NL� I7f'i�ern, rrf•e co�r�piece rrjrcl cori•ec< <r.�
tlae best nf r�ri� k►ro�t�lecl�e crr�d helrc�J: �;�
1 r
a81�11�4 �'�
Dcrle J utitnri�ed � sitll�liPe rri��! Tifl
DOC #3, continued
P.L. 1995, c. 127 (N.J.A.C. 17:27)
MANDATORY AFFIRMATIVE ACTION LANGUAGE
PROCUREMENT, PROFESSIONAL AND SERVICE
CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual
orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and
that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry,
marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following;
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency
Compliance Officer setting forth provisions of this non-discrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to
age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency
contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or suhcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer
pursuant to P,L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or suhcontractor agrees to attempt in good faith to employ minority and female worlcers trade consistent
with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to
P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the
applicable county employment goals determined by the Affirmative Action Office pursuant to N.3.A.C. 17:27-5.2
promulgated by the 'Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.
The contractor or suhcontractor agrees to inform in writing appropriate recruitment agencies in the area, including
employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis
of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel
testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state
of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off
to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court
decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as
may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance
investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27�.
Signature of Procurement Agent
DOC #4
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Public Agency Instructions
This page provides guidance to public agencies entering into contracts with business entities that are required to file
Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows
are instructions on the use of form local units can provide to contractors that are required to disclose political contributions
pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2), Additional information on the process is available in Local
Finance Notice 2406-1 {http://www.nj.�ov/dca/divisions/dl�s/resources/Ifiis 2006.html). Please refer back to these
instructions for the appropriate links, as the Local Finance Notices include linlcs that are no longer operational.
1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a"fair and open"
process (N.J.S.A. 19:44A-20.7).
2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be
submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents
or in an appropriate computer fle and be available for public access. The form is worded to accept this alternate
submission. The text should be amended if electronic submission will not be allowed.
3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract.
Resolutions of award should reflect that the disclosure has been received and is on file.
4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public
agencies, including all public agencies that have elected officials in the county of the public agency, state legislative
positions, and various state entities. The Division of Local Government Services recommends that contractors be
provided a list of the affected agencies. This will assist contractors in determining the campaign and political
committees of the officials and candidates affected by the disclosure.
a. The Division has prepared model disclosure forms for each county. They can be downloaded from the "County
PCD Forms" link on the Pay-to-Play web site at http://www.ni.eov/dca/divisions/dles/pro rams/Ipcl,html#12.
They will be updated from time-to-time as necessary.
b. A public agency using these forms should edit them to properly retlect the correct IegisIative district(s). As
the forms are county-based, they list all legislative districts in each county. Districts that da not represent
the public agency should be removed from the lists.
c. Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county.
These submissions are appropriate and should be accepted.
d. The form may be used "as-is", subject to edits as described herein.
e. The "Contractor Instructions" sheet is intended to be provided with the form. It is recommended that the
Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed
on the bacic of the form; where that is not the case, the te� should be edited accordingly.
f. The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used
as an e-mail attachment, or provided as a printed document.
It is recommended that the contractor also complete a"Stockholder Disclosure Certification." This will assist the
local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed
on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice
2006-7 for additional information on this obligation at
http://www.nj.eov/dca/divisions/dl�;s/resources/lfns 2006.htm1). A sample Certification form is part of this package
and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to
Boards of Education.
DOC #4, continued
A. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities {contractors) receiving contracts from a public agency that are NOT awarded pursuant to a"fair and
open" process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 N.J.S.A. 19:44A-
20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions
to:
• any State, county, or municipal committee of a political party
• any legislative leadership committee"
• any continuing political committee (a.k.a., political action committee)
• any candidate committee of a candidate for, or holder of, an elective office:
0 of the public entity awarding the contract
0 of that county in which that public entity is located
0 of another public entity within that county
0 or of a legislative district in which that public entity is located or, when the public entity is a county, of
any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were
made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on
reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a
natural person. This includes the following:
• individuals with an "interesY' ownership or control of more than 10% of the profits or assets of a business entity
or 10% of the stock in the case of a business entity that is a corporation for profit
• all principals, partners, offcers, or directors of the business entity or their spouses
• any subsidiaries directly or indirectly controlled by the business entity
• IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity
and filing as continuing political committees, (PACs).
When the business entity is a natural person, "a contribution by that person's spouse or child, residing therewith, shall be
deemed to be a contribution by the business entity." [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the
disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an
amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official
and/or candidate campaign coinmittees are affected by the disclosure requirement. It is the contractor's responsibility to
identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed
information may exceed the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a
signed cover sheet) may be used as the contractor's submission and is disclosable to the public under the Open Public
Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in
meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts.
" N.J.S.A. 19:44A-3{s}: "The term "legislative leadership committee" means a committee established, authorized to be
established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General
Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for
the purpose of receiving contributions and making expenditures."
❑�C ��, C[�11�111LS�L�
C. 271 P�I�ITiCAL Ca1VTR1�3[ITIQN DISCL��URE FQItM
Req�Eired ]'urst�af�t tt� N..f.4.A. I9:�14A-�fl.?G
This Ftirm n�• iis pe:•n�itted Facsimile n�usi he subniitt�d t� tlie local unit
nu l,tter lkt�n lU d:�ys �:•iar ta ttie a►v.�rd otthe cantt'art.
Part l — Ver�dar Information
Ve3�i�Ul' N�iiri�: Lone Star Auctianeers, lnc.
I�ijCifess: 4G29 Mark iV �arkway
C iti': Fort Warth �InLC: ��xas Zi ; 75�1�8
Tiie �ii�dersi�ned bein� autl��rized ta �ertif}', he��eby �e�-tiFies that the s«�z3�issi�n provider� herein represet�ts
COIIl�]I1�lI1Cl'. 14'llii TIIC �31'C}4'ISID[15 Of N..�.S.A. � tJ:��A-ZO.ZG �kild 75 ic�3CCS�i7lL'C� �7y ff7C 1i�sti�i�s:tioi�s
ac�on��anyii�� tI�is form.
r' ` {
�L � Maril n K. Burgess CEOIPresident
Sig�iat�tre f'riz�tLd Nazne �'itle
Part II — Gontributian Dis�lasure
Disclos�n�e re��iiri�nent: Purs�Fanf to N.].S.A. i 9:�4A-2f1.26 t��is disc[s�s�i�-e n��ist include all �•e�7o��table
paliEical contribzitions �more than `�3d� per electin�� cycle} tav�r tkle I? �i}ot�ths ���-io�- to s�ibm�ssiot� to
t�1C C1�117fZ]I[L��S Llf t�IC �DVe['Illli[:17T Cll�l[It:S IISIL'i� 017 tI1L Fi]!'ill �7['C7Vided �y the locai unit.
❑ CheG�; he�'e if disc�4sure is pravided in eiectrani� For�n
Cnntri6iitor fVstrne i2eri ie�it lYame I]ate �ollar Amount
N�N� �
❑ Chec�: here if'the ii�Pnr�nation is �or�tii�ued on subseq�iei�t page�s}
DOC #4, continued
List of Agencies with Elected Officials Required for Political Contribution Disclosure
N.J.S.A. 19:44A-20.2G
County Name:
State: Governor, and Legislative Leadership Committees
Legislative District #s:
State Senatar and two members of the General Assembly per district.
County:
Freeholders County Clerk Sheriff
{County Executive} Surrogate
Municipalities (Mayar and members of governing body, regardless of title):
USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD
FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A
COUNTY-BASED, CUSTOMIZABLE FORM.
❑�c #s
sTr�r.xHoza�Elt DI5CLa5[1RE [.�ra�r�r�cAT�a�
Nam� at'Susiness:
� I cei-tify thal tile list hel�rGv conl�tiF7s the i��►�i1es aiz�l hoine a�l�ls�esses t�i'al� stocich«fdet-s
l�uldin� I D°rn t�r i7�ai-e o:f'tl�e iss���d ar�d nutst�ndina stuck of the �izldc;rsi�ne�1.
Dlt
C.� 1 certify tl�at i1� �ne stt�ck�initier ci���i1s 14]°ra r�r i��az•e crf�ll-�e isst�ed aizd atitstant�i��� sEoc1: o#`
tli� ��ncie�-si�ned.
Chec�C tlie �a� that f•e��-esents tlie t,ype nf h�siness n�•ganizatior�:
�i'artner'ship �C.i7i'rSt71'Z[1011 I�5c�le Pro����ieto��sl�ip
�I,imite�� Parts��z�ship OLimited [_iaUility C�r�poratin�z OL,imited Liahility !'ar[ner�sl�ip
0 5u�cha��ter S C�rparat ioi7
Sign �r�d n4tari�e the Fo:•n� bela�v, and, if �ecessa:ry, coinplete khe stoclth�lc�er lis# l�eiorr.
5tockh�lc3et�s:
N��r�e: ttifame:
MarNyn K. Burgess Ed Lanford, Jr.
N���ie Ad�ress: I-Iome Adcl�'ess:
G45� WoodstoClc Rd 545� Waodstock f�d
�art Worth, TX 75116 �art Worth, Texas T�1 �&
Nt�n�e: Name:
Ha�»e Addc•�ss: H��i��e A�l�i�ess:
Na��ne: Name:
Hot�Ye Ac�dre�s: Hame Acldress:
5ui�scribed an�! snam �efore me tE�is � day nf AL1gE�5t
2�4 .
[.NuYary Piibli�}
r� ��
My C.oinmissiun e��ires- .,��'.1L�..((.C'7�:� �L•� � �:iil ],�y� j
i (A1'�anlj
Marci How�e, Natary
{}'ri�it name & Eid�. oFaf�au�lf
^� A��a �� MAR.[1 FfdWi,E
r � �`� r�ocan� io ut�sibd-s�4
;�r My Cflmmissifln Fxpire5
'F�� �an�lary 3�, 2026
DC]C' �G
L71SC[,OSL]REQF,INV�,S'i'MENT A�',T1V[TI�.S 1N IRAN,,,.,,�U,SS1A AND t3ELARCIS
N.J.S.A. 52:3Z-5'7, et seq. tP.L. �41Z, e.25 and l'.i.. 2QZ1, c.4] anci 1V.J.S.A. 5�:32-fiD.I
PEl!'5llElfli ifl �N_].S.A. ti�:j�-4�], et seq. {P.L. 2fl1?, �.2? a��d f'.L. �?�21, �.�#} an�l ;V..I.S.A. 52:33-G[].1 any person or
enti�y ihat s��i�mits a bid ar Ear�{7t,sal ai• t,t2ienvise proposes ta er�teE• iE�tn or reneiv a ��,ntraet nt�Es� c.erti�v tii�it i�either
thn gerso�3 nvr �ntitl', nn�' ai�t� ��f its �3arer�ts, suhsitliaries, c��• af%li:�tes, is identifie�i a��t tlle 1Ve��' ��I'tif'.j� [�L'�J�i1i131C1}i {7I
the 7'r•rasis3•)�`s Ch�i��tea-?S List �3s a p��•san or eiitity' er�ga�t�i in im�est3ne��t acti�iti�s izi ]r�n. I�tissi;� or 13cfarits. Tlte
Cltapter3� ii�r is fniu�cl �n tl�e L7ivisinn's website �lt I7t[j]S:IIIV��11.St2ltt.111.GS1Il't:_l5L[t'Vl�lil'CIl��.r._e1, Vea�dorsl[3idd�rs must
revic�� ihis lisl rriat' tc� completi���; tl�c 6elutivi certi��atian. [FYhe Q�iaii f�ed PEif•�lt�sin�y r1ge�7t c�f tiie ,'�fE717tEC CLi4lCity'
EJti3ities f1ut��nrit_y fincls a�e�•s�m ni• enlity to be ii� vial2tiort oitl�z la���, Ete s}tall ta�:c a�tion as �nay k+e a��}��t��riate anci
pro�i�ied i�y law, ruie ar s:��f7tr���t, iaiclu��iil,� buE nni limited tt�, iinposin� st�n�tioi�s, se�l:in� c.amplianc.e. re�n��e�'in�
daniages. �ieciarin� [hr parFy in cleS'ati�lt and seekii��� del�atinet�t or suspensio�� oFthe ��arty.
�I
I cerlii}', �ivsiianiln N..I.S.,�. 52a7-57. et sey. {P.I_.20l2. �.2� and 1'.1�. 2[Y?i. c,�}, Zqd N.J.S.A. ��:3�-Cifl. i lha[ nei[f�er thc VrndorlBid�ter
list�d a6nve nnf ai�y of'itb parcnls. su%siciiaries. ��r ai�1ilia�cs iti lititc:d �n Ll�e i+1e��� 3ersey ❑�pR�II11E[]l OI lEl� �IPi1ltiL�Ej'�� C��7�lfli�f �] �.ISI Ut�
�t�ticics determine�! io b� rn��ged izz prohihited activitics ii� Ir�3��, �ussia or f3�lar��s.
Q
C1R
❑ ! urii unabEc t[z rc�lify as ah����e C�eca«st ilie Vendc�rlF3iddcr undlur �rn� ur ntnre ��f-itti [��treEtts. subsi�li;v'ies, nr �l�lifitiles iti li5ted n�t fhe �]e�v
fe;rs�y I3cp:irlmer�[ ni'tfi� l'masiu�'s C'f�apt�€ ?5 I..ist. 1 4�ii] pro��ts�r � detaile[9. acciii•atc ,u�d pr�cise desLri�rinn oCtt�e �c�i��;tis�s of'tlie
Veizdvrli3iddtr, or �nL ��i iis �aarer3t.�. sul�,idiari�c oi• al'iifiatcc, has ct��age�l i�t E�c�udiii� iai�cstitienl a�ii�itic4 i�ti Ira�� hy cam��loii3�g iht
info��tjttli�fn reyucste�l biln�v. y
F.Ettity Ln�agefi in lnvestm��il r1�ti�ities
[Z�Intions{�ip tn Vendi�rJ Bitider
Descri�tinn aiAct�vities
Duratian of' Cng�i�emenl
Anfi�ipateci Cessatian I7ate
:lrtc�c•h,�t�s�'rlirfi�n! `ih�er.r Tf:4'�ccr;sn��.
CE[t f'1 �i C':1T1[3� �
l, the i�i�d�rsi�nzd, certify tlyat I an� authorized to exe�ute this c��•titicati[�n nn behalf�ofiltc Vendor, thal the F���egnin�
inF�rm�ition and any attachtnents her�ta, ta ti�e �esf «f rt��� Ivlo�vled�e are true an� c�nipl�te. I acknnw]ec�rye that the
ACL'A is relying an the infnrniatian cot�tai��ed herein, 2��d that tlt� Vendar is under � r�ntin��ir�� ��Uli�atio« frUm the
da�c oftl�is certiiic;ation ihrt�iEgh t�3e �QiTapletiarl o['any cont�•s�t[s; with the ACL?A to iiotify ti7e �ualified P�irch�sin�
A�ent in wrikin� p� anJ �hanges to f��e infaririaFioi� i:t�33tained hereii�: that I aR� a�vare tiiat iT is a ct'imina� of'fense t��
make a f'alse stateinent or misrepresent�tion in t�iis certiFi�atinii_ [f 1 c�t� so, I��ill be si3hject tu �t`imin�il„prose�utiai�
urzder the law, and it wifl ca�7stitute a rnalerial �reach af my agreement{s} �vitl� the AC'UA.1 an� pe�•Fnitting tl�e ACUA
tt� �eclare any �oi�tr�ct{s} resulti�i� fi�om tlris eertif icatinn ��id and ui�enfarcea�le, �
Marilyn K. Burgess /
Pi•ri+te�l h`u�iie r��'.-1 rrclaas�i�ed. tgertt ,Si,�7�aalr�re aj� rllrori�e�f: [gc.rrd
CE�IPresident �8101124
'I"irle pt���,
Lone Star Auctione�rs It�C,
C'[}77if]L7171' r�'R17re
DOC #7
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
(N.J.S.A.52:32-44)
Offerors wishing ta do business in New Jersey must submit their State Division of Revenue issued
Business Registratian Certificate with their proposal here. Failure to do so will disqualify the
Offeror from offering products or services in New Jersey through any resulting contract.
https://www.njpartal.com/DOR/BusinessRe�istration/
o�r� #s
EEQAA EVIDENCC
Equal �.mpl�yinent (J����ni�tu��it�+!A�firn��tive llction
Go���s, Protiessior7a� Services ��eiieraf Se�•�'sce P��ajects
E�fl1AA E�i{len�e
V�37��ICzI'S S�'C CLC�LI]f�C� ECl SLEI�Ili1� LViC��I1L'� Ot CL7117�7�1�311G2 41+1t�1 N..�.S.,�1. � f}:5-3 I et se.c�. and
N.J.A.C. l7:?7 ir� nr�€er [r� be cc�i�sidered �� ��espoii�iE�le vei�dai.
QneoFti�c !'allowin� m��st �e. in�licdeci �vitli sub�riission:
• Capy t7F Lett��• oF F'et�e� al A�pro�al
• Cer�ifi��te c��'C=riployee filfo�-i�7atit�n Repoz•t
� f ull�� �xecuted Form AA3��
■ Fi�lly E�eG.utec� EEt�-� Pepof�t
See t�t� �L13d1:I317[:5 dt: I1lF :III�`il'Il�.st�1LC.i1 .L]SILI'�cl5ili'Vl�nnl:r��ct coi7i 1i3i7��1 d!1 ��. �ci�'
fi�r fvc•ther infa�•cnation.
{ ctrtiFv tk�at my i�id �acica�e iiic�iid�.s the ��e���ired evidence }�c;-the abo�c list and
5tate websi��.
��iz1e: Mari�yn K. Burgess •C-;��e: C�DIPresident
i
. ,
5i�;31atus�e• Dake: �810�124
PB-AAF.1 RS/26/09
AFFRIMATIVE
Department oF the Treasury
Divislon of Purchase & Property
State of New Jersey
33 W. State St., 9th Floor
PO Box 230
Trenton, New Jersey 08625-0230
Contract - Adverti�ed Bid
Bid Number: 24-06
Bidder: LONE STAR AUCTIONEERS, INC.
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LAIVGUAGE
N.].S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
Affirmative Action Supplement
N.].A.C. 17:27
&OODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, wlll not discriminate agalnst any employee or applicant for employment
because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity
or expresslon, disabflity, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or
expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and
employment, and that employees are treated during employment, without regard to thelr age, race, creed, color, natfonal
origin, ancestry, marltal status, affectlonal or sexual orientatfon, gender identity or expresslon, disability, nationality or sex.
Such equal employment opportunity shall Include, but not be limited to the following; employment, upgrading, demotlon, or
transfer; recruitment or recrultment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for trafning, Including apprenticeship. The contractor agrees to post in conspicuous places, available ta employees
and applicants for employment, notices to be provided by the Public Agency Compliance Offfcer setting forth provisions of this
nondiscriminatlon clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualiffed applicants will receive consideration for employment without regard to age,
race, creed, color, national origin, ancestry, marital status; affectfonal or sexual orientation, gender identity or expression,
disability, natlonality or sex.
The contractor or subcontractor, where applicable, wfll send to each labor union or representative or workers with which it
has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer advising the labar union or workers' representative of the contractor's commitments under this act and shall post
coples of the notice in conspicuous places available to employees and applfcants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer
pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans wfth Disabilities
Act.
The contractor or subcantractor agrees to make good falth efforts to afford equal employment opportunities to minority and
women workers consistent with Good faith efforts to meet targeted county employment goals establlshed in accordance with
N.].A.C. 17:27-5.2, or Good falth efforts to meet targeted county empioyment goals determined by the Division, pursuant to
N.].A.C. 17:27-5.2.
The contractor or subcantractor agrees to inform in writing its appropriate recruitment agencies Including, but not Ifmited to,
employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of
age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender ldentity or expression,
disability, nationality ar sex, and that it will discontinue the use of any recruitment agency which engages In direct or indirect
discriminatory practices.
The contractor or subcantractor agrees to revise any of its testing procedures, lf necessary, to assure that all persannel
testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of
New Jersey and as estabfished by applicable Federal law and appllcable Federal court decisions,
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating
to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color,
natfonal origin, ancestry, marital status, affectional or sexual orfentatfon, gender identity or expression, disability, natlonality
or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable
Federal court decislons.
The contractor shall submit to the pub�ic agency, after notification of award but prior to execution of a goods and services
contract, one of the fo4lowing three documents:
Letter of Federal Affirmative Actlon Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and Its subcontractors shall furnish such reports or other documents to the Divlsion of Public Contracts Equal
Employment Opportunity Compllance as may be requested by the offfce from time to time in order to carry out the purposes
of these regulations, and public agencies shall furnish such information as may be requested by the Divislon af Public
Contracts Equal Emplayment Opportunity Compliance for conducting a compllance Investigation pursuant to Subchapter 10
of the Administrative Code at N.].A.C. 17:27.
* NO FIRM MAY BE ISSUED A PURCHASE ORDER OR CONTRACT WITH THE STATE UNLESS THEY COMPLY WITH THE
AFFIRMATIVE ACTION REGULATIONS
PLEASE CHECK APPROPRIATE BOX (ONE ONLY)
❑ I HAVE A CURRENT NEW JERSEY AFFIRMATIVE ACTION CERTIFICATE, (PLEASE AITACH A COPY TO YOUR PROPOSAL}.
❑ I HAVE A VALID FEDERAL AFFIRMATIVE ACTION PLAN APPROVAL LEITER, (PLEASE ATTACH A COPY TO YOUR PROPOSAL).
�✓ I HAVE COMPLETED THE ENCLOSED FORM AA302 AFFIRMATIVE ACTION EMPLOYEE INFORMATION REPORT.
PB-AAF,i R5�261fl9
S�ate af �lew ]ers�y
[]i�ision nf puk�lic ConYra�ts Equal EmptoymenC ppporiunity Comp�iance
EMPL�YEE INFQRMATI�N RE��RT
IMAOiiTANT- fiEA� SNSTRUCI'f�NS C}N 6ACK DF F4{tM CA{?tFkJl_I Y BL=FORC C6MPLETING FOkM. 1YPE OR PRiN7 IN 5HARp 6ALLpQ1iVT
PEN. FAILURE T� PRpPFR4Y CdMPLE?E il1E ENTI32c FQRt•! ANd SilBMIT THE IZEQlIIREp $ISp.Op FEE MAY bELAY F55llAi�lL'E QF Y�L1R
C�RTIFICFITE. 00 NQT Si1BMFT EEO-1 REPORT FpFt $ECTSQN 6, 1'1'EM 11.
SECTT�N A - Cfli�iPA1VY I�ENTTFECATIQN
1. FIp, Pip. [}R S�CIRL SECUR2TY 2. TYPE pF �VSENE55 3. TOTAL Nfl. �F EhiPEQYEES IfV TME ENTlRE Cf7hlpqfyY_
75199Q95� � 1. MFG � 2. SERViCE � 3. WHOLESRLE 12
n h, RETAEL IXI 5. C3THER
a. COA1PAiJY iJAN7E
LafVE STAR AIJCTiOM1iEERS, IIdC
S. SSI;EET C7TY COl1N7Y STATE ZIP [ppF
4629 MARK IV PAftKWAY F6RT W�RTH TARRANi TX 7fi1a6
6. NAME OF PARENY 4R .4FFILIATE� COMRANY [jF N�NE, SD iNdiCAYEj CI7Y SFqTE Z[P CQbF.
7. CHEC3( L]NE: f5 TFfE C4MPANY� �SIf+lGLE-ESTABLISHMEPiT EFIFL6YER
❑ML]LTI•ESTABLISHMENT EMPLOYER
8. 1F h1UI.7i•ESTA$LISFfMEl4T EMPL�YER, S7ATE FHC NLlh9$ER aF E57ABL]5HMENTS 2N h]
9� FOiAL �JUMBER OF FMpLDYEC'� A7 ESTABLISFIMENT WhIICN HAS 6EEN AV�ARQEO THE C�NTRA[T
30. PVBLlC AGENCY AWAROENG CONTRACT Ci7Y CDVNN STAiE 2iP CpOE
QNSNfA PARTNERS-REGIpNS 4 i-i�tJSTQN HA72RF5 77[ 77p92
Of�cia! Llse Only DATE RECEIVED INAVG DATE RSSIGNE� CER7iFICATIah1 Nl1M6EA
SEGTIQN 8 - EMPLpYNiElVT aATp
li. Report all p=_rmanent, [emparary and part•[Im2 ern�iUyEH; 6N YpVR aWM1! PAYROLL. Enter the apprnpriaLe f�g�res on all �IneS and �n all 4olufnn5.
p�here [heCe a�e np emplpyee5 In a parcl[ular catago�y, enler d!e[a. InClude ALL emplOyees� nqi jus[ tisase in niinqrltYlnan-minpri[y cate94r�es, in cGiumns
1, Z, & 3. PO h'OTS[18M1117'Af4 EEO-1 REP6P.7-
}pg
Categosies
All Emp4oyees . . : . . MALE ...�a�.a....,... ........�.r....... FEMALE ..........:.:
zvta+ COL.2 CpL.3 Arrler. Amer.
Is. 2& 3} h1qI.E FEMALE 6ia�k Hlspanir indldn ASf2n NOn Al�n y4a�k H�snanic lndian As�an Noh M11�a
« i 7
RFfi�e & Clen¢I
4 I 2 � 1
0
�erv�ce Vvorkers
Frvm prev�oc�s
Report !iF anyj
7emporary & Par[ The tlata t]elow shall Ni7T he included lry the Flgure5 faY [ne appru�ria[e Ca[egories Above.
Time EmployeFs
12. I�OW WAS INFORMRTIflN A$ 7q fiACE DR ETHNiC GftOl1P 2N SECTIOM 6 08TAINEp? 14. 15 7HI5 TliE FIRS�
RRIVCRS LICENSE Emp�Qyee inFormaElvn
Repavt Suhm�tfed?
Z3. OATES dF PAYROLL RCRfr]p VSE6
FRaM: 7�171�d rO: 7/3��24 0 Y�S I� N4
SECTIaPi C- 5TGNATU{t� AND TND£MTTFTCATIDN
16. NAME OF PEft50A} CflMPLET]NG F4RM (prlfl[ 0� l'ypB) ��ATVRE�� � TITLE
NSARILYN IC. BLIRGE55 CEOIPRE5FpL-N7
��1�. �IJ. ■. • / . /!
17. AG�ORE55 NO. & SFkEET CiiV � r� �IJMr�
4b29 MARK 3V PARKWAY FQRT WpR7H TAHRAN7
f Cer[iFy tha[ [h� informa[laq art EhiS form is [rue an CUrre[t.
i5. IF Nq, oRTE LP.Si
e�vonr susMlrreo
�ATE
81;124
57AFE ZSp �OOE Pi1aryE, ARER Cb�E, NCI.
T'�}CA5 761Q5 $Qi}-��5-333G
DOC #9
MCE�RI UE-PRI I�CIPL�;S
TAT� QT' NT�1'V J1�1t5E�' DEPARTM�NT UF TH� TREASUItY
FI VI�IUI� ❑F PL'I��'HA�E A1VD F�tQPERTY
3 1'VES7' STATE STR��T, P.�. i3d� 230
RrNT(JN,IVEW .IERSE�' OSC,zS-.023t1
MAC�RiI3E �'R�l�C:1PALS Fa.�M
BIn SaLIC[TATI�IV #: 2�-�6 V�iVDDRIBIDDI?R: Lor�e Star A�cti�neers, lnc,
�r•.�roar��s�sinnL�i'S it�[�i]IRL;MC�IT
TU PRL7VID� A C�RTIFiC'AT1�N IN C�IVIPLIANCE WYTH THE 1V[ACSRID� PRIiVCIP.4Lfi
AND NORTHERN TR�LA]VD A�T 4F [989
Pu�-s�ta�tt t« P�iblic Law l���5. c. I�4, a responsiblz Ve��d�i•Il3icide�- selected, afte�� pt�biic biciciiilg, t�y tl�c Directt�r
Qf t��e Divisi«:i �i� ['itrchase �iid Prapert_v, �tis����ai�t to N.J.S.E1. 5?:34-12. ��Zust cui��pls:t� tl�e �e�-tilT��li��� bela�v
�y chec�ii�; ai�e of tlie twtz optin�7s listed be[�w 2�n�i si�tii«� w��e�-e indi�ated. lf � Vez�cl�rlBidt�l�r ti�at wai�ld
�t�er�vise. l�e ti�va��ded a purcllase, contract ar agreement c�t�es z�ot co��lplete tl�e cer�ificatiaz�, then tile ❑ire�to�•
znay c�ete�-mi�ie, in accor��nce witl� app�i�ahie law a�id �-�Fles_ tl�it it is in tlic ��est ii�terest �rf�tfie Stat� to a�var�l
the pu��c��ase, cantra�t ❑�� a�i�eernent tn �r�othe�� Venilai�IBidtiet� tllat I�as �t�mpleteti tl}e cet�tificalic�r� �zi�r� l�as
subtr�itleci a b�t1 tuit(�in tive �5] percent ��t'C[ie most a�vant��ea��s �id. ]f t11e ❑it't'CtQi' �il}[{y �.[1I1t1'�3CFCi1'S [�? �7� 1T1
vic7�atis�n ❑t'tl�e ��ri���:ipals tl�at are tl�e s�i�ject �rf t3�is I�z��, f�elsfie sl�all take sucli action as may �e a�pi•opriale
�n�i �rovided L�y �aw, s•�ile c�r �oiitract. incltidii�g L�ui i�ot Eii�iite�i t�z, i��posir7g sai�etinFis, seel:'sr�� t.cnn��liar��e,
recaverin� cla�n��es, dcelaring tl-�� ��arty ii� c{et�ati[t anci seei€ii�� dcb��-me��t c}r s�.ispen�inn nl't4�epart,y.
I, the ��n�lcrsigned, ❑�i be�alf tl�e Vei�dorlE3idder, ce�-tify pursuant tn N.J.S.11. SZ:3�-!?.? tl�ai:
■ � � ;1 ; .!
�'l�he Ver��inrl8itlder has ��o l�«si��ess csp�ratio��s in Norther�n l:tland; or
{?��
"�'��e Vendnr'18idder wiil lake laGvtiii steps i» �ond f�tith to �o��duct an}r b��siE�ess a�erations it Izas ir� Northeim Irelan�J
� in a�Cord�zi�e ��iti� t�e MacF3ride pr'incipals o�i�on�is��imin�ti��i i�i emp��.v���ent �is s�t fc���t� i3t sectior7 2 of P.L. 19�7,
c. 177 �N.J.S.A. 5?:i SA-5�1.�} ar�d in �c�nfnriiianci �vitli t�e United iCin�t�o»>'s Fair Einployizietit tNoi��leri� IrLiat�d}
Act of I'�8�3, a��d permit indepeaulent mnnitarir�g of its ct�mplia��ce with those �rit�cipals.
: . ►
1, tIie ti��c�ersi�ned, certiiy that 1 am a«thorized tn execute ti7is certiticatinil on l�el�alfoftiie Ventlorl�idc��i�, tl�at tl�e fn��egoing
infnr�riation aiid an.Y attacl�ments he��eto, ta tl�e best of �ny k�iQwiedge a�•c true and complete. i acl.n�wie�3ge tl�at ti�e 5tate
of Ne.� JeF�sey is ��el,yiii� oi� fiie iizfa�•matiQii cai7tained i�eceiti, attd ti�at the Vendarli3idder is ti��de�- a conti���ri�i i��ation
fro�r� tf�e �ate of this c�rti#�icatiaii tl�ra�f�;l� t��e rc��n�l�tion ot any cQn[ract�s} wiilz the 5ta£e to z�atify tl�e 5tate i�� �vi�iti[�g of
aily Gl��nges ta tl�e infar;natior� cnr�tain��l l�erei�i; t��at [ ai�� a4vare tl�at it is �i tiriFningl af�fen�� tt� tr�ake � i'alse statem�ttt c�r
tni�representaEioi� in this certification. [f [ do s�s. [ �viil 6e st��je�l tc� crimir�al prns�c�ition u�i�ier t.he l�iw, ancl it ��ill �anstitute
a inaierial breaclt af� my� agree�nent(s} �viti7 ti�e St��te, ��ern�itting tlZe 5tale ta de�las�e a�7y �onlract[s] resu�ting from this
��rtifi�atioii to he �oid and �ei�for�����le.
OSIQ 11�4
�ate
Marilvn K. B�ir�ess C�QIPresi�ent
nt Name ai�d "�itie
I L: E i� L U.4 Tl'01V PR�C�,S�S ��ND CI�IT.�Ri,�
2. Proclirr�slPricrrt�
cr} P��ouf�le rdre �,11�1,/'�r� (��/�er•rai•'s ot�Ii�r� c7rrcti�rr
rtrrcfin�r Fee
i�. i��it..1..5(�1__-__t-�' r:?I' it �t•�s',I..S':'f.i r
Ijrcliccrte tlzc�.fecr a�• fe�s to i7� �•]amgecl.f'oi• rtsc� �/'t1�e i•t�c�b-bc�szd oitli�zn air�°tioia syst�►yz. Pt-a}�iele cr
Ga»�plete, f'e� s��{zeclr.�le fr�r- t1�.is ser-ti�ici. .��t cr fraittir»trir�, rrdclress ea�lr af�t1��J. fcrllo�t.�irt¢ ite�izr Iisted
l��lo��'. Pt-�ipdsei-s slzoulGl r_•le�zf•l�� spell aerl anc� itejrat�e ar d�litiecrGe crll_%�s,.fec� st��a�ctzri-�s.
clisc•o1�Fat�� a�a�J rel�rrt�� sts-arc�tt�res, rrdditioraal ca.�[s ccizt�Ic�r tzdcl-�s�as, �,••l�ar�arrr�' is �•�aspn��sihle_ far
prrt�irl� cj-edit crry-�1 f�.��s. i��a�T��, etc.
L��e Star A�ctivneers �LSA} prapas�s ta provide �MNIA participating �artner5 a€ull-servi�e
timed onliroe auctivn system far the sa[e of surplus, seixed, tnnfiscated, impaur�ded, andjor
ur�cl�imeti ch�t#e� prop�rty af �II types. T#�is contract wilf ir�clude real estate as well.
�ane Star remits 1D�% D� gl"Q55 5�I25 tO S�II�f �IILI �� a{��"ill�! fe� Y� ESC� Wi�iilil �IV� ��y CI�yS Q'�
the closing af each auctivn. Lane Star retai�s the 9% 8uyers Prer�ium, Lorie St�r cofle�ts and
remits applicabie sales taxes to the appropriate state taxing a�tharity.
C��t to ❑mnia Partners
Cast ta 8uyer
Buy�r P�emium paid retained �y Auctioneer
Admin Fee callected from buyQr arrd paid tv �5C4
Qfllfl
1�.5°/0
9.5%
3°/a
� Is c�.fee clzctrged if tlt�= c7lfclic�f� t�s ix�al.�i[ccessfirl �rt�rras at•e ta�t.svldj?
ur•�
��s tlze atrctiar� fee ca pt�r�cera�a�e af s�rlc �j-ice r�j• f1c�[ fe�?
CQrr�missians and the 6uyer �remium are bot�+ cafculated as a��rcentage af the ealle�ted
5elling pri�e af the item jlat} excluding sta�e sales and diesef equipment taxes.
� Is thcrc cr rnijrijrrirrra cazretiQra f�e?
�3a.
IV. �UAtlJA TiUN PROCESS AIVI� CR17E'RIA
• Is the ccuction. f'ee the same for c�ll auctions or a scc�led fee based upon size of auction or sale
price?
Our commissions and Buyer Premiums are the same for all a sellers' auctions no matter the size
or dollar volume of the item or total sale.
• Is the c�uction f'ee deducted from or added to the sale price?
Buyer Premiums are added to the selling price and distributed to the Partner and Lone Star
respectively.
• Provide fees for involved marketing of the auction sale, including real estate (residential,
commercial and industrial lots), commercial equipment and vehicles.
Advertising costs for real estate, specialized or especially valuable equipment, aircraft, large
watercraft, or other high value assets will be on a cost-reimbursable basis, proposed to and
approved by the seller prior to the commitment to media. There is no way for proposers to
anticipate the breadth, depth or duration for advertising which might be required under this
agreement. E.g., on June 5, 2019, Lone Star Auctioneers sold a monumental bronze statue of
Robert E. Lee in a restricted auction. The statue brought $1,435,000 and was paid for within
eighteen hours by wire transfer. There is no way we could have anticipated the need for a
marl<eting plan and advertising costs for a famous larger-than-life bronze statue of this
magnitude.
• Provide any other information applicable to the auction fee.
The OMNIA partner is paid 100% of the collected selling price of their assets upon completion
of the auction and collection of proceeds.
Implementation and Trainin�
Indicate the fee or fees to be charged for use of the web-based online auction system.
There will be no fees charged for the use of our online auction system.
Provide a complete fee schedule for this service. At a minimum, address each o.f'the following
items:
IV. EVALUATION PROCESS AND CRITERIA
• Describe the types of costs, if any, applicable to implementation of the web-based auction
progrczm for cc contrczcting membeN.
There will be no casts for the implementation or continual use of our online auction system.
• Describe ccnd provide the costs, if any, applicc�ble to providing training for a contretcting
member
By way of an initiaE Zoom or Teams meeting, key partner members will be provided simple
instructions and guidance in the preparation and transmittal of an auction spreadsheet for the
sale of items to a camfortable level of proficiency. We will provide additional "refresher" or
"new employee" training as necessary at no cost to the partner. LSA has never charged for
training. (See Attachments-Training Material)
• Types of costs may include implementation fee, tNaining fee, customization fee, trc�vel, peN diem,
materials, etc.
There will be no other costs or fees associated with use of our online program. Our process is
easy and quick to learn. There will be absolutely no need for travel or per diem costs or
materials.
• Provide other information applicable to implementation and training fees.
None.
Technical Sunpart
• Describe c�nd provide fees for technical support services, if any.
There will be no fees for technical support.
• Provide any otheN information applicable to technical support fees.
No fees apply.
System Up�rade & Maintenance
• Describe and provide fees system upgrade and maintenance, if any.
None.
• Provide any other information applicable to system upgrade and maintenance fees:
3
IV. EVALUATION PROCESS AND CRITERIA
None.
Other Costs
None.
■ Describe and pNovide any other fees or costs applicable to the contract. Provide a cotnplete fee
schedule for this service. At a tninimum, address each of the following items:
• Sales Tc�x
Lone Star will co{lect and remit timely all state and local sales taxes to the appropriate taxing
authority in the state where taxable assets are being sold.
o Indieate how sales tax/use tczx would be traelzed c�nd pczid.
Our software automatically differentiates between taxable and non-taxable items based on our
data upload spreadsheet and calculates all sales taxes due for taxable items and generates a
report showing taxable totals. Taxes are totaled by invoice for each buyer and for each auction
and are stored in our database by tax classification in the appropriate sales tax accaunt. On a
monthly basis we remit the reconciled taxes due to the appropriate taxing authority.
o Identify what jurisdiction(s) would be the recipient of sales tc�x revenue.
The taxing autharity in the district would determine to whom collected sales tax wauld be paid,
and that would vary seller by seller.
• Revenue Share
Discuss possible revenue share c�rrangements.
None. The partner gets 100% of the revenue and the cooperative receives its 3%.
o Offerors should state proposed percentages, how revenue share will be calculated and how
and when they will be pc�id.
None.
• Is a fee charged fo� a Member to register on the system?
4
IV. EVALUATION PROCESS AND CRITERIA
No.
• Is a fee charged for cz potential bidder to register on the system?
No.
• Discuss how fees are collected frotn agency pc�y c�nd a Buyer pczy perspective
Fees are collected from the buyer at the time of payment. Lone Star would collect the 12.5%
Buyer Premium and remit to ESC4 their 3%o in accordance with this agreement.
• Describe options available for collecting payment from bidders (e.g. agency collect, Contractor
collect, etc.)
Lone Star would collect all funds from buyers and remit those funds to the seller by EFT no later
than five days after the buyer payment deadline. ESC4 would be paid in accordance with the
requirements of this contract.
b) Performance Capability
i, Include a detailed t^esponse to Appendix D, Exhibit A, OMNIA Partners Response fot^ National
Cooperative Contract. Responses should highlight experience, demonstrate c� strong national
presence,
Throughout our response, Lone Star has detailed our experience in terms of major government
clients, geographic range of performance, duration and continuous performance af contracts in
a variety of auction formats.
Our clients and buyers are exceptionally loyal to Lone Star Auctioneers. In the fourteen years
we have held OMNIA Partners (TCPN/NIPA) auction contracts, not one seller has changed
auction providers.
o demonstrate a strong national presence,
Lone Star Auctioneers has a very strong regional presence among local and state government
entities and a strong national presence among state treasurers and attorneys general who are
responsible for the sale of the contents of unclaimed safe deposit boxes.
o describe how Offeror will educate its national sales force about the Contract,
5
IV. EVALUATION PROCESS AND CRITERIA
Our national sales force is comprised of approximately 153 of our satisfied OMR11A sellers that
have been using our services for years and our in-house group of employees are involved with
telephonic contract, internet social media, such as Instagram and Facebool<, trade show booths,
coffee break sponsorships at conventions, and print advertising in local, regional and national
print media. For specific assets we may advertise in Contractor Hotline, Rock and Dirt, Trade-a-
Plane, Boats and Narbors, Rotor Magazine, Coin World, Stamp Collector Magazine, sports card
and other affinity publications.
For auctions of wider interest, we periodically place advertisements in print media such as
TexScan, the Texas Classified Network, and other state-wide classified publications around the
nation. When appropriate, we have and will continue to advertise in Spanish-language
publications on bath sides of the border. Mexico is a strong market for vehicles, big trucks,
equipment and agricultural equipment. In our publications we promote by usingthe OMNIA
Partners name and logo.
One feature of our advertising and promotional efforts is our purchase of domain names for
our clients to use in directing their website traffic directly to their auctions such as:
Alabamaunclaimedproperty.org
Cityofdallassurplus.org
Dal lascountysurplus.org
lowaunclaimedpraperty.org
Montanaup.org
Tennesseeunclaimedproperty.org
These clients then imbed the links on their own websites to direct casual visitors ta the auction
for the possibility af becoming a buyer.
o describe how pYoducts and services will be distributed nationwide,
Our online auction services are available for use throughout the U.S. and are as easy to use in
Vermont as in Fort Worth, Texas.
o include a plan.f'o� mc�rketing the products and services nationwide, and describe how volume
will be tracked and �eported to OMNIA Partners.
We do not have a plan for marketing nationwide. We spent great effort and a reasonable
amount of money trying to develop a nationa) market under a cooperative purchasing
agreement prior ta our first TCPN (NIPA, currently OMNIA Partners) contract to no avail. It is a
very difficult market to approach nationally for these types of services. There will be no
tracking and reporting.
6
IV. EVALUATION PROCESS AND CRITERIA
i��. P�-o��irlc� rr 3t�cbsitc linli ar� vrrler ta reifit�jti� ti��ehsiCc errse nf e�sc�, cri�cxilcrhilr�� cr�ac� c:aperbr.'litir�s:
wr�vw. LSA. �c
www.LSD.cc
www. LSAa u ct i a�� s. �� i7�
www. LS�a u�tians.carri
�Nate ".cc" and rivt ".cam"�
4Note ".�c" and nat ".cam"j
• L7tscrihG llae �rncess,Jo�• c►•ccrtif�� a�zd ca�tr����tir�g �i� aircti��t.
Tl�e fall�wir�g is the simple "N�w Ta" far clients �sing oWr F�I!-ser�ice madel. It is so mucl�
easier, faster, and simpl�r. With Ft�ll-ser�i�e auctians, t�se �lient lats th� �tems fpr sale,
�or�piles and err�ai�s us a lotted sprea�i�heet fram an Exe�l template �nre pravide. The client
talces ph�t�s af each lot nurr�bered with the corresponding lat number and emaifs or �eiids
them �ia ❑rop8ax. The ciiesrt determines the da�es and durations tif preview and inspectian
peritids and staffs them ac�ordir�gfy. l.on� 5tar s�ts the starting �ids arid increr�er�ts based ❑ri
❑ur histQrieal experience uvith the same asse�s svld in c�ur anlir�e a�cti�ns. We past, monitor,
change, del�te and clase aucti�n5. �one 5tar Staff manitors i�ems t�a� are nat r��eiving �ids �o
i�dic�te starting price might r�ee�€ tfl b� lawered. We callect the pra�eeds, �ay our Seli�rs
with�n ❑ne week anr� remit ai! sal�s taxes t� t�e �tate.
� Descr•ihe t�re steps,f'or a �rier���ac�f• to hegiiz trsi�xg tlr� iti�eh-l�ctsed ar.�ctFr�rz sysle»a.
1. TF�e memb�r �alls Lane Star A��t'saneer5 ar�d speaks with ❑ur O�eratians Manager of
Online A�a�tions wh❑ s�hedules a Team ar Zoom meetir�g.
2. Memfaer r�ceives "Haw ia" link.
3. a�erations Mar�ager explains the informatifln ir� detail with the mem�er including'the
simple spreatfisheet process.
4. M�mber sends spreadsheet and images ta Lone 5t2�r.
5. Mem�er receives full set of reconciled electronic reparts providing a com�lete audit
trail far al! transaction5 a�d data at the same �ime as aur payment. �P4ease see Report
Samples su�mitted separately.j
5. Member receives wire, ac�r, or eheck for ].a4°Io Qf proceeds witnin 5 busines5 day5 afier
clase of auctron.
• Desc►•ihc� t1aE� ccrpctbilili�s rc►rd �rractio�zcrlily aj�Dff"e►•or's ��eb-bres�d o��line r���ct�o�� sk�ste�n.
LSA us�s a proprietary, custom-designed s�ftwar� pragram pro�iding anline auctians af
g��ernment surplus on its domain, l.50.cc � LSOa�c�ions,��m. The saftware is state-vf-t�e-ar�
!V. EVALUAtIDfVPR�CE5SRAfpCR17ER1A
and was developed specifically for the sale of assets in online auctions for government
clients. It emulates eBay almost identically in function but has a unique, LSA interface. It is
virtually limitlessly expandable for future needs. We constantly evaluate this site, its uses and
successes to identify possible features and functions to add that would make it more effective,
efficient and feature-rich for the benefit of our sellers and buyers.
• Operating software and applications needed for the auction site to function;
• LSA owns the custom online software and its personnel are proficient in the
administration and operation of our on-line auction programs.
• Our online auction software is written in PHP and Javascript using a SQL database for
virtually unlimited access and scalability. Our site is hosted by a leading
developer/designer of auction software.
• LSOauctions.com / LSO.cc is easily accessible, highly visible, intuitive, simple to use,
visually distinctive, secure and extremely successful at yielding favorable resufts to our
clients. Our online auction home page contains as many as 100 images of "featured"
items in addition the client and category lists. Even with this large number af images,
LSOauctions.com is optimized and loads very fast for users with DSL and broadband
access and surprisingly fast with slower speed connections.
• There are virtually no constraints for individuals who have access to the Internet. Sellers
and bidders can participate from anywhere which has Internet access, including public
libraries, Wi-Fi hotspots, etc.
Troubleshootin� and Downtime
LSOauctions.com / LSO.cc is hosted on a different server from main website
LSAauctions.com. This allows us to redirect our domains to a secondary server(s} in the event
our domain server goes down. LSA's domain server host is Media3, one of the oldest and most
reliable in the industry. The online auction site is hosted through Auction Method. Their staff
maintains, supports and modifies our software / hardware, providing periodic upgrades and
changes. In the rare instances when we make modifications to our software, those changes are
scheduled for integration in the middle of the night when bidding activity is the lowest.
8
IV. EVALUATION PROCESS AND CRITERIA
In 2020, LSO's website and database were moved to cloud storage on AWS, Amazon Web
Svcs. This move took less than 24 hours and was planned for and announced in advance. With
that move figured into our uptime, LSA hardware had a reliability index over 99.999 in
2022. Our software uptime in 2022 was 99.999% for the year.
Our online auction software utilizes a SQL database that is backed up nightly onto separate
cloud servers using multiple accounts with limited access to protect the integrity of the website,
limiting all vulnerabilities.
Recovery Plan for Online Server
LSA and its hosting providers have a disaster recovery plan in place that will address any
internet failure, power outages, system failure and other possible scenarios which could
potentially disrupt commerce or hamper the flow of information in a technology-dependent
business.
The system is set up to do full backups daily and incremental backups continuously. This allows
us to restore data from no more than 5 minutes ago, at any point in time. Full backups are also
maintained with our main account for 7 days and then the backups are I<ept in "cold" storage
for up to 4 months.
Lone Star Auctioneer's overall business objectives and those of the owners personally are
threefold:
• To yield the highest possible net return on assets to our clients in the highest ethical fashion
while alleviating costs and effort of the client;
• To maintain absolute integrity of assets and processes within the scope of the contract in all
our business practices;
• To provide responsive, courteous service to our clients and the buying public.
Indicate how often upgrades are made to the system, including the testing process used before
implementation of an upgrade:
We periodically upgrade features of our software as we recognize areas of improvement or
identify additiona! features to be added. There is not a regular schedule to upgrade the
software system. To some extent it is always an ongoing process. We can and will make specific
upgrades at the request and expense of clients; however, we have attempted to make our
software as feature-rich and flexible as possible. Should upgrades be developed, testing is
9
IV. EVALUATION PROCESS AND CRITERIA
always carried out on a"test" copy of the website prior to moving and implementing on the
actual website.
Some of the reallv interestin� features of our software are:
• More intuitive, easy-to-use icon-driven functions for sellers for uploading, posting,
changing, adding and deleting lots, descriptions, images and auctions;
• Expanded and enhanced search features for both buyers, sellers and administrators;
• Simplified and better organized descriptions, terms, special conditions, etc...;
• Additional "Just Started" and "Closing Soon" feature for bidders to see new listings and
upcoming closings on a daily basis;
• Enhanced "My Account" section with immediate access to invoices / paid receipts;
• Ability for buyers to add or remove items from the Favorites;
• Improved single login so bidders have complete access throughout the online website;
• Easy-Pay online credit / debit card payments for invoices under $10,000;
• Automated ability for buyers to provide supporting documents to claim a tax exemption
for resale through their account including electronic signatures on forms meeting State
requirements;
• Complete automated accounting, payment and auction reports section for sellers; and
• Broadened access for sellers to the entire transactional database for their online
auctions to customize additional reports or analyses of particular interest to that seller
or department
Both URLs, LSAauctions and LSOauctions, have built-in search engine optimization (SEO) code to
increase website rankings, facilitate simpler searches, and make it easier for visitors to access
us. URL shortcuts, LSA.cc and LSO.cc, are also available to all for speedier access with fewer
keystrokes.
10
IV. EVALUATIONPROCESSANDCRITERIA
• Desc�ibe the system's security capabilities and the privacy protection available to both sellers
and buyers:
Lone Star Auctioneers' online auction website has an SSL certificate with DigiCert ta maintain
internet security for both buyers and sellers. The encryption enabled by the SSL certificate
assures online visitors that confidential information and transactions cannot be viewed,
intercepted or altered.
Our corporate headquarters server and our online auction server are protected by state-of-the-
art firewalls and up to date antivirus protection. Both are password protected, and access to
them is strictly controlled.
Access to client information and buyer information is also strictly controlled and limited to only
those individuals who have a functional need to access that information. We do not release any
buyer information for any reason except as basic registration date such as name, address and
phone number. Social Security numbers, credit card or other financial information is never
captured on our site. We have not and would not release any client information without the
express written permission of the client.
Our servers and other hardware are physically secure as well. The access and control of the
online auction server is closely controlled. It operates in a high-priority, special utility district that
is protected from brownouts and rolling blackouts. The following information is provided to
convey the seriousness with which we regard security of assets, information, hardware and
software.
The server room is climate-controlled and stays locked around-the-clock. Only key management
and IT staff have access to the server room. All components of our voice and data servers and
communications systems are password protected.
The Lone Star Auctioneers Building is a high-security facility that the United States Marshals
Service Asset Forfeiture Office in Washington, D.C., referred to as "Fort Knox" because of our
extensive, multi-layer, redundant security. The entire complex is under internal and external
CCTV surveillance by numerous day/night color cameras. There are is a comprehensive alarm
system, multiple videophone entry systems, a combination keypad entryJmagnetic-swipe
employee entry system, and levels of security we do not detail for security reasons.
11
IV. EVALUATION PROCESS AND CRITERIA
• Describe the tools and customizcctions ccvailccble to the seller for creating auctions, including
but not limited to, internal reallocc�tion, dutch or split c�uctions, reserve prices, minitnum bid
requirements, bidder deposit requirements, c�bility to copy previous auctions, ability to repost
previous auctions, etc.
Tools and custamizations available to sellers:
The following topics address the features available to Sellers through our online software:
. Fund Accounting
We have the ability to report to the client agency by Seller, department, fund account or
other allocatian.
• Internal Re-allocation
We have a system for internal re-allocation if any client agency requires.
• Changes
We can change virtually any aspect of an auction or lot including descriptions, images, etc.
We can also reassign auctions or groups of auctions to other Sellers, departments, fund
accounts, etc.
. Reserve price
We can set reserve prices (minimums) on particular items. The program will not allow the
item to sell belaw the reserve. We can change the reserve price during the caurse of active
auctions. The reserve prices will not be visible to the public. A"reserve not met" message
will display for all bids below the reserve.
• Copying Auctions
Our system a(lows us to copy all of the information from one auction to an unlimited number
of other auctions with a few keystrokes. Only the information that is not to be duplicated
requires entry.
• Relist function
Auctions can be set to relist automatically if they do not sell in the first auction.
. Bid Increments
We can set bid increments which are appropriate to the types and values of items being sold.
This is a feature we use to try to maximize value related bidding prices and activity.
• Notification Emails
The client agency can decide which buyer notification emails it would lil<e to receive and who
within the client agency should receive them.
• Cooperative Purchasing Partners
Any non-participant approved by the client agency to use this contract will receive complete
reconciled reports. No activity will be commingled with agency auctions.
• Internal Reallocation
Lone Star can create a system for the client agency to reallocate surplus assets within
departments or for other approved entities.
• Private Auctions
12
IV, EVALUATION PROCESS AND CRITERIA
We can create private auctions that require special authorization to participate, i.e. firearms
auctions to law enforcement or ATF-licensed dealers, freon sales to licensed A/C contractors,
alcoholic beverages to licensed warehousers, 8-liners to dealers out of state buyers, etc.
Participation for bidders would be upon proof of licensure or other stipulation dictated by
the client agency.
• Starting Price
We wili set starting prices for each auction which will encourage bidding but discourage
lowball bidding. These prices are visible to the public. The system will not accept bids below
this level. The starting price can and is often adjusted during the course ofthe auction. This
technique has worl<ed quite well for our online auctions.
• Bidder Deposits
For online auctions, we discourage the use of bidder deposits. The cost of receiving, tracking,
administering, applying, accounting for and returning deposits does not offset the fractional
benefits ofthe deposits. We have a very high percentage of collection of payment. We will
consider deposits for certain classes of items or for high value assets if the client agency so
desires. We can require deposits for private auctions if the client desires.
• Copying Auctions
Our system allows us to copy all of the information from one auction to an unlimited number
of other auctions with a few keystrokes. Only the information that is not to be duplicated
requires entry.
� Describe the tools available to the bidder for participating in auctions, including but not
limited to, email notifications, proxy bidding, identity protection, etc.
Locatin� Items of tnterest:
1. Prospective buyers can quickly and easily locate auctions of interest in a number of
ways: by using links by geography, seller, or category, by key word search, by
advanced search, by featured image, or by all images.
2. Seller/Calendar Date (Agency) — Links to current Sellers appears on the left side of the
LoneStarOnline.com and LoneStarAuctioneers.com home pages which will take
potential buyers to the auctions of sellers in a desired area or to a seller who has the
type of inerchandise of interest.
3. Category — A list of assets types appears on the left side of the home page so a
potential buyer can select the types of items they may wish to purchase.
4. Keyword Search - A Search box appears just above the Seller list on the page. Buyers
can put in one or more words, and the system will return all matches.
13
IV. EVAL UATION PROCESS AND CRITERIA
5. Advanced Search - Allows buyers to search by: item title or description keyword,
seller, zip code (Seller can define radius in miles from that zip code}, lot number,
auction status, date, any word, all words, or phrase, "Any" or "All" categories, active
auctions, inactive auctions, or all, auctions, item ID number, and Seller number. The
buyer can specify the order of the output file.
6. Image — Bidders can scan the ever-changing random feature images an the home
page, or they can click the link View All Thumbnails which takes them to the Studio
Gallery. This page allows them to select a Seller or Category of interest. Upon doing
so, images for ALL lots of that Seller or in that category appear. By moving their cursor
over an image, the lot number and description of that lot appear in a box on the
screen. Clicking on the image will tal<e them to that particular lot far bidding or
additional information.
The feature images on the LSOonline.com home page refresh and change at two-
minute intervals, so buyers will see different featured lots every time they visit the
home page.
Easv translatian into Spanish and twelve other lan�ua�es
1. Most web browsers offer language translations built into their systems. No need for
special converters for specific languages. Our site is compatible.
Dvnamic Closin�
1. Lone Star provides our clients the option of Dynamic Closing. This is ane of the most
important features of our program and the single greatest improvement over the
eBay-style of static closings. It significantly increases our clients' revenues.
2. Static closing refers to an online auction which closes precisely at the scheduled time
without exception. The last bid placed in the final moment before the stated time is
the winner regardless of how many bidders may have been bidding or trying to bid at
the close.
3. This closing method is responsible for the practice known as bid sniping where bidders
wait to bid until the very last minute in hopes of being the winner. One of the serious
criticisms buyers have expressed with eBay-style closings concerns the problem of
sniping. Bid sniping occurs when a bidder or bidders lay in wait at lower price levels
and try to time their bid to occur strategically just as an item closes thus depriving
other interested bidders of exercising their right to compete to any higher level. The
legitimate bidder thinks they have the item won, and a sniper places a last second bid
freezing out the other bidder.
14
IV. EVALUATION PROCESS AND CRITERIA
4. Dynamic closing counters the practice of sniping by extending the closing time when
there is last minute activity on an item. If there is a bid placed within a pre-determined
increment of time before the scheduled close, the closing is extended by that
increment. If another bid is placed within that extension period, the closing is
extended by the time increment. This continues until no bid is placed within the
extension period. We determine the duration of the dynamic closing periods. A five
minute window gives bidders enough time to make their bid decision on a particular
item and still be watching and bidding on other items which may be closing at the
same time.
5. Sniping harms both participating bidders and especially the Seller in that snipers, in
order to I<eep their ultimate purchase price low, do not bid until the final moment
before closing. This deprives the Seller of substantial revenue and the other bidders
the opportunity to own the item for which they would have paid more. With static
closings, the only winner is the sniper. The seller and all other bidders lose to the
sniper without recourse. We would not recommend conducting an auction without
dynamic closing.
6. Lone Star utilizes dynamic closing exclusively for our clients. Experience has
demonstrated emphatically the value of this feature. We have seen online sale prices
nearly double during extended bidding after the scheduled closing time has passed.
For example, bids for one garbage truck went from about $16,000 to $28,850 in a
dynamic closing period which lasted 12-15 minutes. We have experienced Dynamic
Closing periods in which bidding continued for over 45 minutes after the scheduled
close.
Access for the Visuallv Impaired
Our website software conforms to federal regulations for use by the visually impaired.
With free software, a visually impaired bidder can access our site which will interpret each
cursor position and will linl< into an audible reading of the site.
Optional Emails
Bidders select whether they want to be notified that their bid has been received in the
system and/or when they have been outbid. They also have other options in terms of
email notification.
1. Notification Emails - The following emails are sent to our bidders at certain stages of
the cycle providing the following information:
a. Registration information has been received;
b. Account has been activated to bid;
c. A person's account will not be activated because;
d. A bid has been successfully placed by the bidder;
15
IV. EVALUATION PROCESS AND CRITERIA
e. A bidder has exceeded their bid and theirs is no longer the high bid;
f. Notice that they are the winning bidder on specific lot(s).and they will receive
an email invoice from which to pay;
g. An email invoice with total purchases, taxes, shipping, expenses, and total due
with payment terms along with a link for payment to be processed by CC (Master
Card or Visa);
h. Notice that payment has been received, picl<-up instructions or a notice that
their items will be shipped; and
i. A notice that the buyer's purchases have been shipped along with the tracking
number of the shipment (as applicable).
Autobid or Proxv Biddin�
1. We offer an Autobid feature which is an automatic proxy-type of bid which is
automatically placed by the system on behalf of a bidder who cannot or does not wish
to participate personally during the closing minutes.
a. To use this feature, a bidder selects the Autobid drop-down box to place his/her
maximum bid on an item. Required bid increments are provided in the
instructions.
b. The bidder enters the maximum bid desired and confirms the bid. The system
submits bids at established increments on that bidder's up ta (but not
exceeding) the maximum bid which was entered by the bidder. If the current
bid is $1,000 and the bid increments are $25 when the bidder places an autobid
of $2,000, the program would bid $1,025 automatically.
c. In this way a bidder has the opportunity to purchase an item in absentia at a bid
no greater than his/her maximum autobid price but also has the opportunity to
win it at a lower price if not outbid.
Identitv Protection
1. Lone Star Auctioneers has an SSL Certificate with DigiCert to maintain Internet
security for both buyers and sellers. The encryption enabled by the SSL certificate
assures online visitors that confidential information and transactions cannot be
viewed, intercepted or altered.
2. Lone Star Auctioneers does not disclose buyer information to any parties or entities
otherthan the specific sellers whose merchandise is purchased bythe buyer. The sole
exception is confidential release to potential government clients when security of
information is assured in writing and/or is required by law. Such release is
conditioned upon the commitment not to duplicate the information and to return the
information in its original form.
3. All seller and buyer online accounts are protected with 256 bit encryption. We do not
release lagin credentials by any other method but emailing them to the email address
16
IV. EVALUATION PROCESS AND CRITERIA
on file. Our site will log out the bidder after thirty minutes of inactivity which helps
prevent any unauthorized use of our system.
4. We use Frost Bank's TransArmor PCI Rapid Compliance Service that scans our networl<
for security vulnerabilities each month and alerts us to any possible threats. This is a
useful taol that not only keeps our network safe, but also helps us remain PCI DSS
(Personal Card Industry Data Security Standard) compliant. Malware is a growing
problem in the payment industry, so maintaining PCI compliance is of utmost
importance.
Federal Trade Commission's Online Auction Awareness Linl<
LSOauctions.com and LSAoauctions.com each have a link to the FTC's online consumer guide
for some time. Those linl<s will be maintained on our sites for the duration of this contract
and beyond.
• Provide website information to include administrative access to the site. Include instructions
and screen shots for navigceting the various site tools.
ESC4 members wifl have administrative access to the backend of LSOauctions.com for reports,
invoices, paid receipts and report of items listed along with a detailed consignar report. (see
images below)
� Indicate how long auction records are maintained for download by the seller. AlI activities and
transactions processed through the web-based auction system nzust be fully auditable for a
period of five (S) yeaNs after the transaction.
Lone Star Auctioneers maintains our auction logs for a minimum of seven (5) years.
• Describe Offeror's system of technical support. What are the hours and days technical support
is available? Do you provide upgrade packages? Distinguish between seller and buyer support
Technical support is available between the hours of 8:00 A.M. until 5:30 P.M., Central Time,
Monday through Fridays except Federal Holidays. Most holidays someone will be working who
can provide a basic level of tech support.
Non-emergency tech support by email will usually be answered in two (2) hours or less but in no
case laterthan twenty-four (24) hours after receipt. Emergency support is available bytelephone
at our main number, 817.740.9400, or our national toll-free line, 800.275.3336.
17
IV. EVALUATION PROCESS AND CRITERIA
Fulf-service merriber ager�cies get uniimited emergency su�port by err}ail or te�e�hone and
�anlimi��d nor�-emergency �echnical �uppart by �maii. Self-ser�ice members wiif get �nlimsted
er��ergency fiechnica� support by email and by phone as available. Ur�l�mited r�an-er��erg�r�cy
�r�iail support will be pr�vided to client agencies on an as avarlable basis,
B��yer s��ppart i5 avai�abie during business �rat�rs at Seru�ce[7�one5t�r�luctior���r�.cr���7 s�r by
tefephone at the nur►�bers a�ove. �ur system is so 5ir,-rple, we have �ery f�w 6uyer calls far h�lp.
• 1•�'la�i1 is 117�� nfF�i�r�l �azetlro�lolog�� �of• r�ec�aresti�rg carstorjra:�r�tiot� �rj7s� tv�r.'��rl tiyyae �-rrnre for
r•espoFi�irrg co rcrc.•Iz rr �•ee�i�c:st?
A m�mber wat�l�i request one or mare cu5t�miaatians in writing ta oUr IT Manager. ❑ur
saftware d�vela}�ment team wa�ld anaiyz� the requ�st and warlc to �Oe dane. A praposed
budge� wauld be presented to the member f�r ace�ptance in writing. Depending upon the
degr�e af diffieufty, the rewrite nor�sally cauld be accomplished in a ten day to 3� day time
frame.
��. 17escribe 1►n�t� �Jff�rar i�cspr�rael.� �c� e�7res;gE:rzcv ordtf•s.
A perfect exampie of o�ir respon�e ta an et�nergQncy ❑rder �cct�rr�d within the past 3D oiays
6etween May 21, �019, and June �, 2Q19.
Ba�kgrour�d: lone 5tar Auctiar�eers, Inc. has held the aucti�n cantrac� fQr the City of ballas fQr
the sale af surplus vei�icles, hea�y eq�ipmer�t, misce![anea�� F�&E, ii-npoundQd and a�andaned
�rehicles. ❑n May 215�, w� were n�tified that the City C�uncil was gving ta cansider a resof�t€on
at the next day'� meeting on May Z��`` #a have a cr�n�ederate manument �f Rabert �, Le�
decfared rnisceflaneo�s surplus and if s�, could we seil it in an online a�ctian get it pa'sd for in
time for tf�e council to apprave t�e sale in their r�ext meeting on th� 5�'' ❑f ]�r�e, 2�19, Of
c�urse, we �aid yes. The statue had #�een removed from Le� �ark in ���,7 as a re5ult a� ciii�en
ca�l5 far its remaval after certain events made canfederate s�atuary undesirable in public
5paces.
The fa�lavving is the timeline for the engagement:
May �1 Prepare fnr City Co�r�cil rr�eeting
Research and gather images far khe p�sting
Develap descriptians, terms arlti COndi�ions, Ci#y lega! restricti�rns on display
�sta�Olish Che star#ing and end dates far ti�e auctian
Esta�lish a restricted auctiQn open aniy to bidders who transferred $5�,�d� to o��r
escraw accoe�nt
:i 3
IV. EVRI.UATfUN PROiE'SS RNF CRITE1tIA
Upload images, descriptions, the city's terms and conditions, etc. to our online
website in preparation of launch
May 22 Attend council meeting
Receive council approval to sell the statue online
Begin the marketing and promotion efforts
May 23 Launch the online auction
Continue marketing and developing prospects
May 23- Begin receipt of wire transfer qualifying deposits
June 4 Continue marketing and developing prospects
Communicate with qualified prospects, answer questions, provide information and
assistance to prospects
June 5 Monitor the dynamic closing of the auction (In the last 48 minutes of the online
auction, the monument received 43 bids and increased in price by $827,500.
Notify winning bidder of their success by automatic email from our software
Confirm wiring instructions for final payment with successful bidder
June 6 Receive complete wire transfer payment from winner by 10 AM in the amount of
$1,662,124.63 into our escrow account
June 7 Deposit $1,553,387.50 into the City of Dallas account (selling price plus sales tax)
June 12 City council approves the results of the auction and accepts the winning bid
June 13 Lone Star returns each $50,000 deposit to the respective unsuccessfui bidders
This should aptly demonstrate our willingness and ability to mobilize our resources in
responding to emergency orders. The City of Dallas needed us to prepare, promote, effect,
conclude and callect the funds for an online auction of a unique, high value asset within 21
days, and we accomplished the request quite successfully.
These types of emergency orders are infrequent, but we are always ready to respond to the
best of our abilities and experience.
vi. Describe Reporting:
• Describe the reporting capabilities available to the seller. Provide sample copies of a
transaction log and admin fee payment reconciliation report. (see images below)
19
IV. EVALUATION PROCESS AND CRITERIA
' a�fei•ar shc�ll pr•o��icl� co�rtr•ncting snerrihcr- t�ae�zcv �� �•e cof2cilicrtiar� repr,�•t tit�rtlr ecach crdrni�� fc�e
pcxv»2eri1 ta stal�slaiaricrte tl2e ccnro�rn� of t1�.E� pcty�rerzt.
Lone 5tar is familiar wit€� this pracess and currently pravides members.
■ f]es�•t-i�i� tlae accoi�jrtr.'r�g �f•ocess c��t�l oi�liyae accaitj2ti�zg ccaperbilities, itt�'Ia�GLi�tg b��t iaot li�7tiled
fa �lo�icmen�crtio�r of i�7v�icir�g, pc�ymeizt ���d jtor�._pc�y�rrc�iat by hidder�.
❑nlir�e Auctian Activity R�por�s Available to E5C4 Agen�ies {5e� images �el�wj
Auction 5tatus Report
Summarizes tFse financial detail5 of tt�e auctior� including the tatal sales, total applicable sale�
taxes, shipping ar�d handling and insurance, tatal buyer charges, total buyer payments, net due
fram �uyer5, ta�al �onsignor sales, total commi5siar�s earned and rset due to consignors.
Final 5tatern�nt Repart
This is the Corrsignor 5taius RepQrt which details the sa�es by ag�ncy, accaunting c�de, fund
cade, department ar any flther allQcafiian of funds. This er�ables the tracking af the sales far
eaeh di5tri�t ar fund accour�t.
�� r�
fV. EVALtJATIDIV PROCE55 AND CHITERIA
This report is generated by district, fund or department account and provides the auction (lot)
number, buyer number, buyer and company name and address, phone and fax number,
winning bid amount, tax (if applicable), number of lots sold and total sales for that district, fund
or department, commissions and expenses and net due consignor.
Consignor Summary Report
Summarizes the totaf sales, commissions, expenses (if applicable), and total due the consignor
for a group of auctions by district, fund or department for a client and gives the totaf of those
categories for that client.
Active Buyers Report
Lists the active buyers with their buyer number, buyer and company name and address, phone
and fax number, email address and user name that participated in that particular auction.
Buyer Payment Report
Provides details of payment amounts, payment type (cash, certified check, money order, wire
transfer) and sequential invoice number by buyer including buyer number, buyer and company
name and address, phone and fax number.
Lot Sales Report
Lists the group's auctions in lot-number-order giving the description, buyer number and the
winning bid price totaled to match the other consignor reports.
Sales Tax Report
Lists the taxable sales, tax rate and total taxes by consignor (if sales taxes are applicable).
Accounts Receivable Report
Lists by sale the buyer number and name, the phone number, the amount due, payments and
any account receivable balance by buyer totaled for the sale.
Unsold Lots Report
Lists any lots which did not receive bids, therefore were unsold.
vii. Describe Offeror's customer service/problem resolution process. Include hours of operation,
numbeN of services, etc.
Our online auc#ion staff is trained to field, identify and resolve problems concerning navigating
our website or #he use of our software, the online auction process, payments or accounting,
21
IV. EVALUATION PROCESS AND CRITERIA
title issues, terms and conditions, registration issues and/or other problems. They are trained
to determine which person/department is best equipped to deal with that particular problem.
If staff is unable ta resolve a problem, they refer the person to the online manager. Should that
person be unable to resolve the issue, they are escalated to one of the officers af the company.
99% of problems are resolved at the introductory level.
Cashiers, technical staff and officers are available for help Monday through Friday from 7:30
AM to 5:30 PfVI except major federal holidays. All services are available for assistance and
resolution.
viii. Describe OffeNor's invoicing process.
Lone Star Auctioneers' electronic invoicing process is an integrated feature of our online
software. When a seller's online auction closes, successful buyers are notified electronically
that they have won an item(s) and that their invoice is available for download in their account.
The buyer then clicks on the payment option to process by Visa/MasterCard online or other
accepted forms of payments are Cashiers Check, guaranteed check, money order or within the
required time frame.
Since Lone Star tal<es all revenue from the auctions and remits proceeds to the seller, we do not
invoice any entity or person.
ix. Describe O.f'.f'eror's contract implementation/customer transition plan. As an example, attach
a high-level project schedule, with milestones from each implementation phase. Include training
that customer will receive as part of the transition.
Lone Star Auctioneers currently has 153 clients that use or have used our OMNIA Partners
(TCPN/NIPA) contracts on a regular ongoing basis or on an "as needed" basis. We are not
aware of any seller under this contract that has migrated to another auction vendor.
x. Describe the financial condition of Offeror.
As of Aug 1, 2024, Lone Star Auctioneers maintains cash accounts in its name and its owners in
the aggregate well into eight figures. We own our officer building and warehouse free and
clear.
We have no long-term or short-term debt, mortgages or other financial commitments
whatsoever other than normal credit card balances.
All invoices, credit card statements and other accounts, if any, are paid IN FULL, TWICE WEEKLY.
22
IV. EVALUATION PROCESS AND CRITERIA
Dur sellers are paid in full hy wire, ach, Qr corn�any checfc within five day5 of the ciase af each
auctian.
xi. Descri2�e i�or.� �raarlc.eti�zg �.�ffar•ts to pi•ot��ote 1Lflji�:f2t1�17 [J�l�tE� sit�� b�� Pr,�enercrl h�.rvei�e
• Desc��rl�� laatit� �jf'e�-or prnpos�s to �arrrr-k�t tl�c� pr'o�t•cc»a to �atejrtial ��idde��s. Pf-o��i��� scr��a��lcs a/.
�frc�j•IfL'�I11� L'f/n�•ls �hc�t Its7ti�� effectr��ely� ci°arkec�.
❑ur ►rEast effecti�e marlceting techn�qu� i5 our histary, reputatian and word-of-mauth with
pot�ntial clients car}tacting us ta use aur system.
❑ur staff fr�qu�nt€y attends la�al, regianal and state purchasing an� affinity canferences ars�
seminars often staffing a Lane Star b�ath with visuals, handouts and sauver�irs. We sponsar
e�ffee �reaks, goody bags and ather perk�.
8ul#c emails are sent out week€y �ramating the mem�ers au�tions along vvith a manthiy
r�ewsle'tter whi�h �enerates �ngoing interest for ward-�f-r,iauth tapics.
�r� ali the year� we ha�e held a contra�t with Dmnia {TCPN, fVIPRj� we have braugh� c;ients t❑
t�e cantract.
• Descr•it�e uor.rr r�bilih� ta a�tive2�.> >ya�ti•ke� ar.rctiof�s tn pj-ospccCiti^�.a Uidde.s i�r of•rley- to crpert�cl
Corrtractos•'s bidr�er• lr.'s(.
Over 391 regular and sellers usir�g this cQntract should be ample evidence af �hat ability.
• Iia�JiGate Glze �tv�i•�cge tzar3s�her� a�� "fails ",nei� c�ay' t�re �ropnsed �ti�el�site j•ecei��e.r.
7anuary �2.679,73a �d.7:6,49d
Fehru�ry �a.7?2.5on �.HFs7.78o
March �?,8i9,�=3•7T�5.Od9.9�3
May
lune
luly !2.417�fSlC� d.35d.472
Augusl I�,,f?S,fi2�• 4,500.531
Sepeemecr i;�_7i,[75! d.771.6;�
4eivder !?,55E.i6•: �.585.317
NnremBer �2.329.91! �4.189.697
Decemher i2,192,9E8 �3.9r1d_395
Tolai _ �3�.�22.9I3 L�,s77.543 �
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Texas A&M tJr�iversity
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h#tp s:��www. l so. cc��� n�i � n� r�9 7
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5arn Houstorr Stat� University
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xii. 1'i�avicic ��ay aclditio�xal se��ices ccncl crctii�ities the �czrctio�z s}.stem cccy2 pe�farrsa�
• f'f•ovicle ,srrmPles of ijastrtretio��cal ��ocunaefztrit�a�a that is cavrril�xble to s�ller�s crr�cl biay�ers. fi�dic�ate
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-^S==�s can C- e: I�rq es':.0 feke. C�t C��nse use O'�LY 1 C_LC iv th� e�lir¢
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LSOauctions
4629 Marl< IV Plcwy
Ft Worth, T)( 76106
�317-"/�40-9�400 FA)( a17-7A0-9777
netps://www.Iso.ccl
Accounts Receivable Repori for f-ori Worth I5D - Fleet (05/20/22)
Closed On 05/20/2022
Invoice Name (Redacted for buyer Item Tatal Payment
prlvacy)
2II 63-41174 $ 20,160.00 $ 20,1G0.00
2863-�11175 $11,424,00 $11,�24.00
2II63-41176 $2,968.00 $2,9G£l,00
2863-�1177 $3,080,00 $3,Oa0,00
2£363-41178 $8,624,00 $8,624,00
2II63-41179 $:L,344,00 $1,344.00
2II 63-41180 $7, 647, 50 $7, G9•7.5Q
2863-41181 $3,248,00 $3,24•II.00
2863-411II?_ $4,p25,00 $4,025,00
2II63-411g3 $672.00 $672.00
2II63-411aA $4,536,00 $4,536.00
2863-41185 $1,960.00 $1,960.00
2863-411�36 $8,6II2,50 $8,6$2.50
Tat71s; $78,371.00 $78,371,00
Amount Due
$0,00
$0,00
$0,00
$U,00
$0,00
$0,00
$0.00
$0.00
$0.00
$0,00
$0,00
$0,00
$0.00
$0.00
LSOauctions
4629 Marlc IV Plcwy
ft Worth, 7X 7610G
£317-7�40-9400 FA)( a17-740-9777
https://www.Iso.ccJ
Active Fiuyers Report for Fort Worth ISD -�leet (05/20/22)
Closed On 05/20/2022
euyer fVame/Address (ft�dacted fior Invoice Total Emafl Phone/F��c
buyer prlvacy)
28G3-41174� $20,160,00 shishianya@gmail.corn 713-29'1-9882
127568 713-666-0775
2863-41175
16�1939
2863-41176
142590
2863-41177
163811
2863-�1178
59377
2863-41179
147250
2863-411$0
137313
2863-41181
122571
zs63-�.iisz
166345
$11,424.00 autocornerinc@gmail,co B172S81763
m
$2,968.00 rezaalavim@yahoo,com 817-536-5323
?317-535-9564
$3,OB0,00 elcene.enemo@yahoo.co 4697730111
m
$8,624.00 fredstrucicrepair@aol.co 325-677-2127
m 325-677-2541
$1,344.00 J]�3144351@gmail,com 817-986-4�66
$7,647,50 marlc@marl<delanney.co 8325243461
m
$3,248.00 partsmartimports@yaho 817-829-5017
o.cam
$4,025.00 mtkgang55@gmail.com 5019604163
2863-�1183
11A�4�1
2863-�4118�
A�9036
2a63-A•11�5
86201
2F3G3•4�7.7,t36
316�.5
$672,00 graceazumba202@yahaa 469�}646359
,corn
$�,536,00 gsanch�x�1@Ilve,com 817-96��927.9
, 8�.7-525-.18.77
$1,960A0 sixport@hotmail,com 8�7-2�47-3067
$$,GII2,50 wllsantractorsQwJndstre 908-764-�,870
am, net 908-.7.G4,187'p
Amount nu.�.t � .$78,8.71,00 � � Lo� Count;.27
1,50auctions
�46�9 Marlc IV nl<wy
�� Worth, TX 761p6
$17-74Q�9400 �AX a1i-740-9777
https;//www,lso,cc/
Lot Sales Repor� for part Worth ISD � Fleet (05/20/22)
Clased On 05/20/2022
Item Number Descrlption
8868� l,a�;: �QO - 2007 Chevrolei:
Malibu �Vehicle �k980-I-p�.S
886�34 Lot;10�, - 2p00 Ch�vralet
Impala � Vehicle ��948-p-007
88685 l.ot, 7.02 - 20p7' Chevrole�
MaClbu �� Veh1cle #9�0�I-0�.�
�£35�36 Lot; 103 - 2007 Ch�vrol�t
Mallbu - Vehicle #9�0�I�001
88587 Lot,. 7.04 - 200� Chevrolo�t C- '
�2�00 P.Icicup � Vehicle #925�C�
� R.��. .
$86$8 Lat; 105 - 2002 Chevrolet
�2500 Van -Vehicle #978-G-
R�.3 '
.88689 Lat::�.06 �:2007 Chevrol��
fiilalfbu -vehfcl� #9�0-I»00.9
8�G90 Lo�;:107 - 2001 F'ord Taurus �
Vehlcle #94&P-00$
58691 Lo�: �,08 � 1998 Ford �-�,50
I�icicup - VehPcle #976-�-001 .
a8692 Lot:109 -�.999 Ford E-250 Van -
Veh(cle #�5p�001
88693 Lpt;. �7,0 � �Op� Ford F-250
Picicup � V�hicle #SQq.��-002
88694 Lot: 7.17. - 2007 Chevrnlet
Malibu - Vehiale #590-1�0�,9
88�95 Lot; �12 - 2Q0�. F.ord ��15Q
�Icicup - V.�h(de #925-C-Q02
a8696 Lo�; �13 � 2001 fbrd �-150 Van �
Vehicle #807-U-Q0�
88697 l.ot; 7.�4 - 2Q07 Ford E-35p Van -
Vehicle. #926�Q-0o6
88698 Lot; 7.15 -�00�, Ford �-150 Van -
�lehlcle #977�F�024
Buyer (Redac�ed for Wlnning Bid
$:1,70QA0
$600.p0
�1,750,Q0
$�,650.00
$2,5OO,OQ
$a�a,oa
$�.,55d:Q0
$60q,00
$1,Z50.00
$1,�450,00
�$:L,750,00
$1,800.00
$1,150,pb
$�,,�50,OQ
$4,O50.Q0
$�,350.00
8$G99 l.ot; �.�.6 � 200� rord F��.SO
Pidtup - Vehicle #934-H�001,
ga7oo l.oi':1�.7 � 1991 Chevrolet G�30
Box V�n - Vehicle #a53�001,
8870�. l.�t;118 � 1998 Ford [-�50 Van �
Vehlcle #II06-Y�007,
a8702 La1;; �,�9 - 2002 Chevrolel
G1500 Van � Vehicle ��J48�P�0�,o
887.03 Lot: �.2q - �.995 IHC MOD �1�900
Rox Trud< � Vehicle #�J27�W-005
88704 t,ot; �.2�. -�,989 IHC Mbb A�900
�ox Trucl<� V�h(cl� #927�W-0��.
887oS l.ot; �22 -�2009 Fard C250 Van �
V�hfCle #�34-I-I-�04
88705 Lot;123 � 2007 Fqrd F��.SO
Plcl<up - Vehicle #948-M�002
8870i Lot; �2�4 • x996 Macl< CH-6�:3
Dump Trud< � Veh1cle �#�825�C-
Q43
88i08 Lai; �.25 - 2002 Chevralefi
�2500 Van - Veh(cle #92i-W�
425
88709 . , l.ot; �,26 - �.989 Fard I�-8000
tNater Trucl< - Vehicle #804-�-
ao5
$�.,45Q.Q0
$�,,zoa.aa
$1,050.00
$ �.,65Q.00
$2,�Od.00
$2,750,00
$1,7'50,�0
$2,65a.00
$1t3,4pQ.00
$�.,654A0
$7',704.00
Lot �ount; 27 . �fd Total: �9.,500»00
LSOauctions
4629 Marlc IV PI<wv
Ft Wor�h, i)( 76106 �
a17-740-9�400 FA)C 817-740-9777
Iso.cc
Seller 5tatement bate;
Number; 74 Q6/30/2027
Fort Worth Ei����;
ISD - WI-ISE �tonald.hal�fwisd.or�
C'ort Warth
15D - WWS�
4200
Lubbocic
Rve Fort �
Worth, "i)C
76115
Phone
a17269764
1
Consignor Final Staiement Report for Fori Worth ISD - Fleet
Clased On 05/20/2022
Buyer Name
Item Num (Redacted far buyer Phane/Fax Winning Bid �.a�c Surcharge 8e Total
privacy) Fees
2863-41�7q.
88707 Lot: 124 -1996 Mad< CH-613 Dump Tru�k - $18,OOQ.00 $O.Oq $2,�,60,Oq $20,160.00
Totals; $1$,000,00 $0,00 $2,160,00 $20,160.00
28G3-4�.�.75
88687 Lot: 104 - 2004 Chevrolet G2500 Picl<up - Vehide $2,500,00 $0,00 $300.00 $2,800,00
88688 Lot: 105 - 2042 Chevrolet G250p Van - Vehicle $950.00 $0,00 $114.00 $1,064,00
88698 Lot: 11S - 2001 Ford E-150 Van - Vehicle #977-F- $3,350,00 $O.OQ $402.Op $3,752.00
88702 Lot; 119 - 2002 Chevrolet G1500 Van - Vehicle $1,650.00 $0,00 $198.00 $1,848.00
88705 Lot: 122 - 2009 Ford E250 Van - Vehicle #934-H- $1,750.00 $0.00 $210.00 $1,960,00
Totals: $10,200.00 $0.00 $1,224.00 $11,424,00
2863-41176
II870G Lot: 123 - 2007 Ford F-150 Pickup - Vehicle #94II- $2,650.00
Toi:�ls; $2,650,00
28G3-41177
II8704 Lot: 12� -19f39 1HC M00 4900 Box Truc1< -Vchicle $2,750.00
Tofials: $2.750.OQ
88709 �Lnt: �26-19$9 Forcl L-£i000 WakerTrucl<-Vehicle $7,700.00
7'a�als: $7,700.00
28G3-�41179
a8700 � Lot: `217 =. �.�9�. Clie'vr�
Totals:
88692 Lot: 109 -1999 Ford E-250 Van - Vehicle #350-001
88695 Lot: �.12 - 2001 Ford F-150 Picl<up -Vehicle #925-C
88696 Lnt: 1�.3 - 2001 Ford E-150 Van - Vehicle #�07-U-
88701 Lot: 11a -1998 Ford E-150 Van - Vehicle #806-Y-
8870II Loi: �.25 - 2002 Chevrolet G2500 Van - Vehicle
Totals:
2863-41�8�,
88690 Lnt: 107 - 2001 Ford Taurus -Vehicle #948-P-008
88703 Lot: 120 - 1495 IHC MOD 4900 Box Trucl<- Vehicle
iotals:
200.00
200.00
1,150.00
1,350.00
1,OS0.00
1,650.00
6,650.00
.11 11
�� ��
•�� ��
88G83 Lot. 100 - 2007 Chevrolet Malibu � Vehicle ##930-I- $1,700.00
88694 Lot: 111- 2007 Chevrolet Malibu - Vehicle #930-I- $1,800.00
$0.00 �31i�.00 $2,96�.00
$0.00 �31i�.00 $2,96�.00
$0.00 -$330.00 $3,080.00 , -
$o.00 �s3o.00 $s,o�o,00
924.00 $�,624
924.00 $�,52�4
344
.00 $217.50 $�.,667.50
.00 $172.50 $1,�22,50
.00 $202.50 $1,SS2,50
.00 $157,50 $1.,2Q7.50
.00 $247.50 $1,897.50
.00 $997.50 $7,647.5Q
So.ao $�Z.00 S6�Z
$0.00 $276.00 $2,576
$0.00 _ $348.Q0 $3,248
00 $255.00
.00 $270,00
11II
7olals: � $3,500
8II68�1 �Lot, 101 - 2000 Chevralet Impala - Vehicle #94II-P- $600.00
7otals: $600,00
2863-41184
a8697 Lot; 114 - 2007 Ford C-350 Van - Vehide #926-L�- $4,050.00
Totais: $�,050,00
2$63-41185
aII693 Lot; 110 - 2002 Ford F-2S0 Pickup - Vehicle #f304-Z $1,750.00
7otals: $1,750.00
0,00 $525.00 $4,025
0.00 $72,pp $672
0.00 $72.00 $672
0.00 $�86,00 $4,536
0.00 $486,00 $4,536
$0.00 $210,Q0 $1,960
$0,00 $210.170 $1,960
III868S Lot: 102 - 2007 Chevrolet Malibu - Vehicle #930-I- $1,750,00 $0,00 $262.50 $2,Q12,S0
8$686 Lot: 103 - 2007 Chevrolet Malibu - Vehicle #930-I- $1,650,00 $0.00 $2�7.50 $1,897.50
II8689 Lot: 106 - 2007 Chevrolet Malibu - Vehicle #930-I- $1,550,00 $0,00 $232.50 $1,7a2,50
8II691 Lot: 10a -1998 Ford F-150 Picl<up - Vehicle #976-E $1,150,00 $0.00 $172.50 $1,322,50
88699 Lot: :116 - 2001 Ford F-150 Picl<up - Vehicle #934- $1,�50,00 $0.00 $217.50 $1,667,50
Totals: $7,550.00 $0.00 $1,132.50 $�,682,50
Totals: $69,500,00 $0.00 $8,871.00 $78,371,00
Summary of S�les Ac�ivitV at Fort Worth ISD - Fleet (OS/20/22)
Commissions are Calculated on a Percent of the Sale Price of EACH LOT,
Commission Summary:
Commission bescriptian Commission Rate Amount 5old Comm. Amount
0.00% $69,500.00 $0.00
Statement Totafs
27 Lats Soid.
Total 5a les; $69,500,00
Less All Expenses; $0,00
Less Commissions; $0,00
Total Amount Due: $69,500,00
Sales Tax Collected: c� ��
• Describe Offe�or�'s plan to minimize the number of buyers who renege on a purchase and the
tools available to seller zf this occurs.
Lone Star Auctioneers advises bidders in numerous places on our website and in aur online
auctions that if they do not pay for purchases, they will be banned permanently fram
participating in any of our live or online auctions.
If a bidder is slow ta pay, staff contacts them to make sure they plan to pay. If they don't plan
to pay, our personnel makes them aware that they won't be allowed to bid on anything ever!
We then offer the item to the backup bidder at their last bid. Almost all such items are
purchased by the backup bidder.
We strictly enforce this policy. We notate their registration page with the details of the
transaction with the auction, time, date and any other pertinent information for such bidders
who do not pay. We marked them as "banned," and our software will not allow them to
register or participate in online auctions. At our live auctions, all registering bidders are
checked against the banned list to confirm they are in good standing.
� Describe the types of items commonly sold on the proposed website and any exclusion.
Lone Star has had great success selling a wide variety of items on our online auctian website for
government clients at all levels, federal, state, and local. We have sold assets including (but not
limited to):
Bronze statue of General Robert E. Lee
Airplanes and Nelicopters
Ferry boats and ather Watercraft
Heavy Equipment and Big Trucks
Fire, Ambulance and Rescue Vehicles
Police Pursuit Cars
Confiscated Guns
Fleet and Seized Autos and Pickups
Transit and School Buses
Exotic Automobiles and Race Car
Recreational Vehicles and Trailers
Office Furniture and Other FF&E
Computers and Camputer Equipment
40
IV. EVALUATION PROCESSAND CRITERIA
MiS�ellaneo�s Equiprs-ter�t and ioois
Gald and 5ifver Coins at�d �ullian
Diarnonds and Lv�se Gems
Ar�tiq�:es, Art Wark, and Fur Coats
�iariey bavidsar� Callectibles & Apparel
�ons of Pa�ing Aggre�ate
Medical Eq�ai�ment
Motorcy�les
Warses
NurizismatiC Coins
Printing Equ�pmer�t
Sparts Mer�sora�ri#ia
And Many p�h�r Types Qfi Assets
As examples #he success we have a�hie�ed with s�rrplus items, �F&E, vehicles and heavy
equipment an �n�ww,l_5t`����cti�r�s.Co��n, we have provided screen sh�rts of a number af item�
which have sold receritly f�r varia�s clients. �see Attachments-Exai�ples af Websit� Listi�gs}
Exclusian af Iten�s
We dQ nat �afa� tc� excfude any items frarn t�e Qnlin� auction with the exc�ptiar� af i�ems that
are banned for sa€e in certain �r all states, hazardcaus c�emicals, Icnawr� or suspe�ted
�aunterfeit gaods, lighters, or items t�rat may pase a threat #a the buyers ❑r ger�eral public.
We d� +iot sell racist ar pornagrap�ic items �n �ur siCe. We wauEd work with ti�e m�mf�er to
determine t�e appropriat�nes� �f special items t� offer �n the i�tern�t. We will work with
mem�ers for the sale af asset� thQy may requ3re �peciaE permits ar licenses such as certain
types of ineaiical equipment, #irearms, contralled refrigerants, etc, We ha�e h�eld restr�cted
auctions which req��red �idders to provi�ke proof af parti�ular license� or permits.
We do recomrriend the clier�t agencies 5hfluld �roup low val�e 4tems in#o single a�c'�ians ta
errcouragE the sa�e, paym�r�t and rer►�a�al of t�ose types af items. We will pravide �ur #�est
tucfgment and expertise t� rr�emher personnel to d�velop guidelines f�r suci� grc�u�ing5.
Pr��dent managernent ❑� �uch low �alue items will n�inimize the maintenance and
adsr�inistratic�n af la�ar and costs far �ath the client agency and aur firm.
� I�zr�ic'txte pczl�►szeral optioras ac•ceptecl �v hicicler (e.g., I rsc2� ItICLSfE'i'CCli"Cj, :IME,Y; pe��saractl c1a�c1�.
ccr,rl�ier's claech, mneze�� orcl��r. etc. j.
We accept cash, c�rrect�y indemnified Cashier's Checks, wire transfers, �J.S.P.D. rnor�ey ❑rder�,
ch�cks with irrevocable bank letters of g�arantee a�d ViSA�MasterCard credit and debit cards.
-'� 1
rv. �va[r�arrary p�ocESs arua c�rre�►a
b) Qualification and Experience
i. Provide a brief history of the Offeror, including year it was established and corporate office
location.
Lone Star Auctioneers has been in the auction business for over forty (40) years primarily for
government and not-for-profit entities. The company was incorporated in Texas on June 18,
1984. We have continued to provide full-service timed online auctions to local, state, and
federal government agencies selling virtually every type of commodity around the western
U.S. Gross auction sales exceed six hundred fifty million dollars ($650,000,000.00}.
We are a certified Historically Under-Utilized Business (HUB} and a woman-owned, woman-
run small business (SWBE), Small Business Enterprise (SBE). Lone Star is privately owned and
financially very sound, and we are in good standing with theTexas Department of Licensing
and Regulation (TDLR), theTexas Comptroller of Public Accounts and the Texas Secretary of
State. We have fa.ir staff auctioneers, all licensed and in good standing with TDLR, and an
experienced administrative staff of eleven with ethnic variety, (See Attachments-
Certifications and Auctioneer Licenses for supporting documents)
LoneStar maintains insurance and bonding coverage exceeding solicitation requirements
including $2,OOQ,000 in general aggregate liability coverage, $1,000,000 in general
umbrella, $1,OQQ,000 in automobile liability, $300,000 in Professional Errors and Omissions
coverage, $250,000 in Commercial Crime Coverage, Worker Compensation insurance higher
than statutory requirements, $1,000,000 Cyber/Network Liability coverage and performance
bonding exceeding and performance bonding exceeding $250,000.00.
Lone Star Auctioneers currently holds many auction services contracts with cities, counties
and states. The following is a short list of some current contracts: State of Alabama, State of
lowa, State of Maine, State of Utah, Cameron County, Willacy County, Dallas County, the
cities of Dallas, Irving, Lewisville, Bedford, Cedar Hill, Euless, Fort Worth, and Waco PD
among a few. Local university clients include SMU, UNT, UT/Dallas, UT/Tyler, TCCC, TWU,
Weatherford College, Tarleton State, San Jacinto, Dallas College and the entire Texas A&M
University System, Central Texas A&M. Numerous local school districts use our services, Fort
Worth ISD, Dallas ISD, Crowley ISD, Decatur ISD, Garner ISD,Joshua ISD, Natalia lSD, Hale
Center ISD and others around the state. Our buyer base is currently over 131,000 to whom
42
IV. EVALUATION PROCESS AND CRITERIA
we promote auctians statewide and nationally. Lone Star has sold transit buses, non-
revenue vehicles and bus parts for the DART Dallas Transportation Authority, Trinity Metro
(Fort Worth Transportation Authority), Capitol Metro in Austin, and Jefferson Parish (New
Orleans area) to national and international buyers.
We hold cooperative purchasing contracts with BuyBoard, TIPS (The Interlocal Purchasing
System), and OMNIA Partners.
Notable online auction experience includes:
• The statue of Robert E. Lee ($1,438,500) and a police helicopter ($1,385,000) for the City
of Dallas
• The residual non-realty assets from Reunion Arena, former home of the Dallas Mavericks
(for the City of Dallas)
• The remaining non-realty assets from Texas Stadium, former home of the Dallas Cowboys
(for the City of lrving)
• Unclaimed Property for the State of Alabama, State of lowa, State of Maine, along with
previous contracts with the State of Texas, Montana Department of Revenue, West
Virginia, Utah, the California State Controller's Office, Colorado State Treasurer's Office,
Texas Comptroller of Public Accounts and South Carolina State Treasurer's Offices.
• Online auctions for the entire Texas A&M University system
• And online surplus auctions for numerous cities, counties, regional agencies, universities
and schaal districts around the U.S.
Lone Star Auctioneers is driven by our own high standards. Our staff is more than capable of
performing to the highest standards required by ESC4 and its member agencies. We commit to
ESC4 the courteous, competent and friendly services of a dedicated staff to maximize revenues,
maintain immaculate records and minimize problems from all our activities. We will make the
designated key personnel available to perform the requirements of this contract throughout their
employment. We will recruit and train additional staff as volume demands.
ii. Describe Offeror's reputation in the mc�rketplace. Include how mc�ny bidders are currently
registered with the Offeror's website.
Currently we have over 134,000 registered active bidders in our online auction database.
Lone Star Auctioneers enjoys an excellent reputation among buyers and sellers for integrity,
honesty, dedication and results. We have increased our clients' net revenue over prior
contractors for both live and online auctions.
43
IV. EVALUATION PROCESS AND CRITERIA
iii. Desc�ibe Offe�o�'s reputation ofproducts and services in the marketplace. Indicate the
number of yeczrs Offeror's web-based online c�uetion and/or live ctuetion program has been in
place and include the number of auctions posted on the Offeror's website in the last lwo (2)
years. Indicate the number of successful auctions (items were sold), and the numbe� of auctions
where the buyer defaulted on the purchc�se.
Lone Star has been selling live auctions for government agencies continuously since October
1985 when we first won the contract with the City of Fort Worth.
Lone Star Auctioneers conducted our first timed online auction in August of 2003. Since that
time, we have sold over 430,000 auctions totaling over $500,000.00 in assets online.
In calendar years 2022 and 2023, we sold 77,237 lots of inerchandise in online-only auctions
grossing over $85,000,000. Of those auctions, over 99.5% were paid for, and less than %Z of 1%
went unpaid. These were sold in subsequent online auctions.
iv, Describe the experience and qualification of key employees.
Full Name Present Position or Office, Years of - Type of Work / Current Responsibilities
Phone # & email address Experience
President/Chief Executive Officer of policy, planning and confiral and general
Lane Star Auctioneers since 1984- organizational decisions cancerning the
Marilyn K. Burgess Auctioneer 40 overall day to day operatians of the
TX License # 7878 Phone: 817.740.9400
company;
Email: Lead Primary Auctioneer since 1988
Marilyn @ Lo neSta rAuctio neers.co m
Vice President/Chief Operating
Officer/Security Officer of Lone Primary Auctioneer/Security
Ed Lanford Jr. Star Auctioneers since 1984. - Audio/visual equipment & set-up
TX License # 7799 Auctioneer 42 supervision, Proposal preparation;
Phone: 817.740.9400 security; real estate
Email: ed@LSA.cc
Operations Manager/Office
Paula J. Hooper Manager-Auctioneer Auctioneer/Operations oversite including
TX License # 12299 Phone: 817.740.9400 38 scheduling, management and oversight of
Email: online auctions,
Pau la @LoneStarAuctioneers.com
44
IV. EVALUATION PROCESS AND CRITERIA
Present Position or Office, Years of
Full Name Type of Work / Current Responsibilities
Phone # & email address Experience
Design, layout and data entry for live
auction brochures & postcards,
• Newspaper advertising
• Trade journal & other print
Advertising Specialist advertising
Unclaimed Property Project • press releases
Karen Plunk Administrator for State contracts: Z� • post-auction documentation
Phone: 817.740.9400
Email:
• Photography
Karen@LoneStarAuctioneers.com Administer Unclaimed Property auction
contracts, including asset verification,
appraisal oversight, lotting &
photography, shipping, data management
and reporting.
Preparation, reconciliation,
Accounting documentation and reporting of all fiscal
Phone: 817.740.9400 transactions for auctions; invoicing;
Marci Howle Email: 20 reports to cooperative purchasing
Marci@LoneStarAuctioneers.com agencies
Cashier, Bank deposits & wire transfers
Bookkeeping since 2003
Web design & posting for
• Data base maintenance,
Webmaster/Information • Search engine listings for keyword
Technology Consultant searches,
I<athi Awtrey Phone: 817.740.9400 20 • Create & transmit e-brochures,
Email: • Technical support,
Kathi@LoneStarAuctioneers.com • Digital image preparation
• Social media
• Newsletter transmission
Sim E. Burgess Auctioneer 4� Auctioneer/bid spotter, reconciles
TX �icense # 988o cashiers' drawers to compile deposits
v. Describe Offeror's experience working with the government sector.
Lone Star Auctioneers, Inc. has specialized in and concentrated on providing live, webcast and
online auctions for government agencies since 1985. In that period of time, we have sold over
$500,000,000 on behalf of government entities. We conduct very few auctions for private
sector clients.
vi. Describe past litigation, bankruptcy, reorgc�nization, state investigations of entity or current
officers and directors.
There have been none.
45
IV. EVALUATION PROCESS AND CRITERIA
vii. Provide a�ninimum of S customer references relc�ting to the products c�nd services within this
RFP. Include entity nczme, contczct name c�nd title, contc�ct phone c�nd emc�il, city, state, yec�rs
serviced, desc�iption of services, number of auctions conducted, c�nd online c�uction dollc�r
volume.
REFERENCES
Agency'Name:
Texas A&M University Systems (Ali
Campuses)
Contact Name & Title Andrew Mitchell, Director of Lo�istics
amitchel I@vpfn.tamu.edu
Surplus Property office
Address: 1130 Agronomy Rd
College Station, TX 77843
Telephone Number: 979-845-0182
Years of Service: Continuously for over 20 years-member of Omnia
Partners
Locations: All Campuses
Scope of Work' Online auction servites of surplus vehicles, heavy equipment FP&E, and
' other University system surplus.
To-tal Sales: $16,166,257.00
Agency Name: STATE OF ALABAMA
Chad Wri�ht, Assistant Treasurer
Contact Name & Title: Chad.wright@treasury.alabama.gov
Address:
PO Box 302520
Montgomery, AL 36130
Telephone Number: 334-353-3677
Years of Service: Continuously for over 14 years
Online auctions of unclaimed property, including
Scope of Work: acceptance, secure vault storage, appraisal services,
lotting, photography, online auction and shipping of
purchases to buyers.
Total Sales: $4,243,325.00
46
IV. EVALUATION PROCESS AND CRITERIA
Agency Name: Cameron Countv and Cameron Countv 911
Alma Linda Chavez
Contact Name & Title alchavez@cameroncounty911.com
Cameron County Courthouse
Address: 1100 E. Monroe Street
Third Floor Administration Bld.
Brownsville, TX 78520
Telephone Number: 956-425-1911
Continuously for over 24 years
Years of Service: Currently utilizes Omnia Partners
Scope of Work: Full Service Online auctions of County surplus
property and fleet vehicles
Total Sales: $2,947,203.00
Agency Name: � DALLAS.'COUNTY TEXAS
Contact Name & Title Mike Frosch, Purchasin� Director
Michael.frosch@dallascounty.org
Founders Square
Address: 900 Jackson St Suite 680
Dallas, Texas 75202
Telephone Number: 214.653-7253
Continuously for over 13 years
Years of Service: Currently utilizes Omnia Partners
Full service Online auctions of County Surplus,
Scope of Work: including heavy equipment, vehicles, FF&E and
miscellaneous items
Total Sales: $9,325,582.52
47
IV. EVALUATION PROCESS AND CRITERIA
Agency Name: : CITY OF LEWISVILLE
Contact Name & Titie Kristi Byrd, Purchasin� Mana�er
kbyrd@cityoflewisville.com
Address: PO Box 299002
Telephone Number: 972-219-3765
Years of Service: Continuously for over 20 years
Currently utilizes Omnia Partners
Full Service Online auctions of surplus property,
Scope of Work: vehicles and
Equipment, miscellaneous and unclaimed property
Total Sales: $8,169,071.73
6 FORT WORTH INDEPENDENT SCHOOL DISTRICT
Agency Name: ' FORT WORTH ISD :
Nellie Lucano, Purchasin� Mana�er
Contact Name & Title: Nellie.lucano@fwisd.org
FWISD
Address: 999 North University
Fort Worth, TX 76107
Telephone Number: 817-871-2155
Years of Service: Continuously for over 19 years
Currently utilizes Omnia Partners
Scope of Work: Full Service Online auctions of School District surplus
property, including buses, vehicles and equipment. etc
Total Sales: $3,769,057.91
viii. Provide a listing of Auctioneer Licenses and Auctioneer Associates Licenses. List relevant
state, current and expiration dates. Upon request, Awarded Offeror(s) will provide all relevant
documentation ensuring state licenses. Awardee(s) shall be licensed and in good standing.
Marilyn K. Burgess Texas License Number 7878 Expires July 2025
Ed Lanford Texas License Number 7799 Expires July 2025
48
IV. EVALUATION PROCESS AND CRITERIA
Paula Hooper Texas License Number 12299 Expires December 2024
Sim Burgess Texas License Number 9880 Expires July 2025
All licenses are current and in good standing.
ix. Provide c�ny c�dditional information relevant to this section.
c) Value Add
1. Lone Star Auctianeers respectfully offers ESC4 members with our "full service" auctions. The
agency gains the productive labor hours for staff inembers who are responsible for
conducting the auctions. In addition, the agency deprives itself of over 100 years of
cumulative experience with auction starting bids and increment pricing and, more
importantly, the understanding the psychology of selling at auctions gained by the owners
and managers of Lone Star who are licensed auctioneers.
This mode) is distinguished by the reduced requirements for client labor for performing the
time-consuming and mundane administration of the auctions. Lone Star establishes
appropriate durations of auctions, strategic starting prices, strategic bid increments, which
auctions to feature initially and other tasl<s associated with launch. Lone Star posts the
auctions, cantinuously monitors the auctions for bid activity, page views per lot, and adjusts
featured lats, starting prices, increments, and titles and descriptions to increase bid activity.
For significant lats, we even adjust our advertising and promotional plan ta draw more
interest and participation. Lone StarAuctioneers also advertises specific auctions in local print
and other media for client auctions as merchandise warrants. (See Attachments-Promotional
and Advertising Examples)
2. Lone Star Auctioneers, Inc. has brought 153 sellers to OMNIA Partners in the past fourteen
years resulting in gross administrative payments to OMNIA Partners for over $1,000,000.00.
3. Competitive Range: It may be necessa�y to establish a competitive range. Factors from the
predetermined crite�ia will be used to make this determination. Responses not in the competitive
range will not receive further award consideration. Region 4 ESC may determine establishing a
competitive range is not necessa�y.
4. Past Performance: An Offeror's past performance and actions are relevant in determining
whether or not the Offeror is liliely to provide quality goods and services; the administrative
aspects ofperformc�nce; the Offeror's histo�y of reasonable and cooperative behavior and
commitment to customer satisfaction; and generally, the Offeror's businesslike concern for the
interests of the custorner may be taken into consideration when evaluating proposals, although
not specifically mentioned in the RFP.
49
IV. EVALUATION PROCESS AND CRITERIA
S. Additionallnvestigc�tions: Region 4 ESC Neserves the Night to mctke sueh additionctl
investigations as it deems necessctry to estctblish the ectpability of ctny Offe�o�.
50
IV. EVALUATIONPROCESSAND CRITERIA
3.2 Distribution, Logistics
A. Each offeror awarded an item under this solicitation may offer their complete product
and service offering/a balance of line. Describe the full line ofproducts and services
offered by supplier.
Timed online auction services available nationally.
B. Describe how supplier proposes to distribute the products/service nationwide.
Include any states where products and services will not be offered under the
Master Agreement, including U.S. Territories and Outlying Areas.
Our online auctions are available both domestically and internationally. Our website has a link that
translates our web and auction pages into Spanish with a click of an icon. Other languages are available for
translation, but Mexico is the source of our most frequent international bidders.
C. Describe how Participating Agencies are ensured they will receive the Master
Agreement pricing; include all distribution channels such as direct ordering, retail or in-
store locations, through distributors, etc. Describe how Participating Agencies ver� and
audit pricing to ensure its compliance with the Master Agreement.
Participating Agencies are ensured they will receive the Master Agreement pricing of "0%" thru all
distribution channels.
D. Identify all other companies that will be involved in processing, handling or shipping the
products/service to the end user.
The products we have to ship are the items sold on behalf of our sellers. Our shipping employees process
those assets and ship them via UPS, U.S.P.S. or Parcel Pro depending on the nature of the assets. All
shipping and product delivery are accomplished by our staff.
E. Provide the number, size and location of Supplier's distribution facilities,
warehouses and retail network as applicable.
Not applicable. We do not warehouse or distribute any products either retail or wholesale.
3.3 Marketing and Sales
A. Given the public nature of the solicitation and contract, OMNIA Partners makes
solicitation and contract documentation, including pricing documents, available on its
website so Participating Public Agencies my easily conduct their due diligence. Describe
any portions of the response that should not be available on the website and why those
portions should not be available.
None
B. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to immediately implement the Master Agreement as
supplier's primary go to market strategy for Public Agencies to supplier's teams
nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector
go-to-market strategy within first 10 days
By virtue of this proposal, the executives endorse and sponsor this award as a public sector go-to market
strategy.
ii. Training and education of Supplier's national sales force with participation from the
Supplier's executive leadership, along with the OMNIA Partners team within first 90
days
Not applicable.
C. Provide a detailed ninety-day plan beginning from award date of the Master
Agreement describing the strategy to market the Master Agreement to current
Participating Public Agencies, existing Public Agency customers of Supplier, as well as to
prospective Public Agencies nationwide immediately upon award, to include, but not
limited to:
i. Creation and distribution of a co-branded press release to trade publications
ii. Announcement, contract details and contact information published on the Supplier's
website within first 90 days
iii. Design, publication and distribution of co-branded marketing materials within first
90 days
iv. Commitment to attendance and participation with OMNIA Partners at national (i.e.
NIGP Annual Forum, NPI Conference, etc.), regional (i. e.
v. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-
specific trade shows, conferences and meetings throughout the term of the Master
Agreement
vi. Commitment to attend, exhibit and participate at the NIGP Annual For•um in an area
reserved by OMNIA Partners for partner suppliers. Booth space
vii. will be purchased and staffed by Supplier. In addition, Supplier commits to provide
reasonable assistance to the overall promotion and marketing efforts for the NIGP
Annual Forum, as directed by OMNIA Partners.
viii. Design and publication of national and regional advertising in trade
publications throughout the term of the Master Agreement
ix. Ongoing marketing and promotion of the Master Agreement throughout its term (case
studies, collateral pieces, presentations, promotions, etc.)
x. Dedicated OMNIA Partners internet web-based homepage on Supplier's
xi. website with:
• OMNIA Partners standard logo;
• Copy of original Request for Proposal;
• Copy of contract and amendments between Principal Procurement
• Agency and Supplier;
• Summary of Products and pricing;
• Marketing Materials
• Electronic link to OMNIA Partners' website including the online
• registration page;
• A dedicated toll free number and email address for OMNIA Partners
Negotiable.
D. Describe how Supplier will transition any existing Public Agency customers' accounts to
the Master Agreement available nationally through OMNIA Partners. Include a list of
current cooperative contracts (regional and national) Supplier holds and describe how
the Master Agreement will be positioned among the other cooperative agreements.
Negotiable.
E. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to
provide permission for reproduction of such logo in marketing communications and
promotions. Acknowledge that use of OMNIA Partners logo will require permission for
reproduction, as well.
Agreed.
F. Confirm Supplier will be proactive in direct sales of Supplier's goods and services to
Public Agencies nationwide and the timely follow up to leads established by OMNIA
Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the
Supplier's sales initiatives should communicate:
i. Master Agreement was competitively solicited and publicly awarded by a Principal
Procurement Agency
ii. Best government pricing
iii. No cost to participate
iv. Non-exclusive contract
Agreed.
G. Confirm Supplier will train its national sales force on the Master Agreement. At a
minimum, sales training should include:
i. Key features of Master Agreement
ii. Working knowledge of the solicitation process
iii. Awareness of the range of Public Agencies that can utilize the Master Agreement
through OMNIA Partners
iv. Knowledge of benefits of the use of cooperative contracts
Not applicable.
H. Provide the name, title, email and phone number for the person(s), who will be
responsible for •
i. Executive Support
Marilyn Burgess, CEO/ President
Marilvn@LoneStarAuctioneers.com
817.569.6004 Direct
ii. Marketing
iii. Sales
Ed Lanford, Vice President/Business Development
Ed @ LSA.cc
817.569.6006
iv. Sales Support
Paula Hooper, Operations Manager
PaulaC�LoneStarAuctioneers.com
817.569.6099
v. Financial Reporting
vi. Accounts Payable
Marci Howle, Accounting Manager
Marci@LoneStarAuctioneers.com
817.569.6019
vii. Contracts
Marilyn K. Burgess, CEO/President
Marilyn@LoneStarAuctioneers.com
817.569.6004
I. Describe in detail how Supplier's national sales force is structured, including
contact information for the highest-level executive in charge of the sales team.
Explain in detail how the sales teams will work with the OMNIA Partners team to
implement, grow and service the national program.
J. Explain in detail how Supplier will manage the overall national program throughout
the term of the Master Agreement, including ongoing coordination of marketing and sales
efforts, timely new Participating Public Agency account set-up, timely contract
administration, etc.
K State the amount of Supplier's Public Agency sales for the previous fiscal year.
Provide a list of Supplier's top 10 Public Agency customers, the total purchases
for each for the previous fiscal year along with a key contact for each.
L.Describe Supplier's information systems capabilities and limitations regarding
order management through receipt of payment, including description of multiple platforms
that may be used for any of these functions.
M. Provide the Contract Sales (as defined in Section 10 of the National Intergovernmental
Purchasing Alliance Company Administration Agreement) that Supplier will guarantee
each year under the Master Agreement for the initial three
years of the Master Agreement ("Guaranteed Contract Sales ").
$ 0 .00 in year one
$ 0 .00 in year two
$ 0 .00 in year three
To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be
calculated based on the greater of the actual Contract Sales and the C'ruaranteed Contract
Sales.
H.-M. above are not applicable.
N. Even though it is anticipated many Public Agencies will be able to utilize the
Master Agreement without further formal solicitation, there may be circumstances where
Public Agencies will issue their own solicitations. The following options are available
when responding to a solicitation for Products covered under the Master Agreement.
i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA
Partners).
ii. If competitive conditions require pricing lower than the standard Master Agreement
not-to-exceed pricing, Supplier may respond with lower pricing through the Master
Agreement. If Supplier is awarded the contract, the sales are reported as Contract
Sales to OMNIA Partners under the Master Agreement.
iii. Respond with pricing higher than Master Agreement only in the unlikely event that
the Public Agency refuses to utilize Master Agreement (Contract Sales are not
reported to OMNIA Partners).
i. If alternative or multiple proposals are permitted, respond with pricing higher
than Master Agreement, and include Master Agreement as the alternate or
additional proposal.
Not agreed.
Detail Supplier's strategies under these options when responding to a solicitation.
To be determined.
3.0 SUPPLIER RESPONSE
A. Brief history and description of Supplier.
Lone Star Auctioneers has been in business for over forty (40) years. The company was
incorporated in Texas - June 18, 1984.
As exemplified by the owners, officers and staff of Lone Star Auctioneers, our corporate (and
personal) mission is threefold:
• To yield the highest possible net return on assets to our clients in the highest ethical
fashion while alleviating costs and effort of the client
• To maintain absolute integrity of assets and processes within the scope of the contract in
all our business practices; and
• To provide responsive, courteous service to our clients and the buying public.
Lone Star Auctioneers is a certified woman-owned, woman-run small business (WBE, SBE, and
HUB-certified). We are privately owned and financially very sound. Lone Star is a full-service firm
providing a comprehensive range of auction services including live and online auction services to
all levels of government. The clients we have served include city, county, state and federal
agencies, higher education, school districts, utility districts, and other government and public
entities. We have sold virtually every type of commodity for various government entities. We
have conducted auctions in numerous cities and states around the U.S.
Our staff and software capabilities are sufficient to handle any growth in auction activity while
maintaining oversight and providing a personal level of service for each of our clients. We have a
well-trained, motivated and stable staff with little turnover.
Our corporate history includes primarily contracts with government agencies with significant
contracts with commercial entities. Several of our current and most recent federal government
contracts include the following:
• For over twenty years we held Vehicle services contracts with the Southern District of
Texas, the Western District of Texas, and the District of Arizona. These contracts required
us to have secure warehouse and outdoor storage facilities and vehicle towing capacity
in each location.
• For eight years we held successive U.S. Marshals Service National Jewelry Contracts.
• For over thirty years we held the Texas Facilities Commission contract selling surplus,
vehicles and equipment.
Notable online auction experience includes:
• The very recent sale of a bronze statue of Confederate General Robert E. Lee for
$1,435,000 plus taxes and Buyers' Premium.
1
3.0 SUPPLIER RESPONSE
• The residual non-realty assets from Reunion Arena, former home of the Dallas Mavericks
(for the City of Dallas).
• Unclaimed Property for the State of Alabama, State of lowa, State of Maine, along with
previous contracts with the State of Texas, Montana Department of Revenue, West
Virginia, Utah, the California State Controller's Office, Colorado State Treasurer's Office,
Texas Comptroller of Public Accounts and South Carolina State Treasurer's Offices.
• Online auctions for the entire Texas A&M University system.
• And online surplus auctions for numerous cities, counties, regional agencies, universities
and school districts around the U.S.
• We currently hold cooperative purchasing contracts with Omnia Partners, TIPS and
BuyBoard.
Lone Star Auctioneers is driven by our own high standards. Our staff is more than capable of
performing to the highest standards required by Omnia Partners and its member agencies. We
commit to Omnia Partners the courteous, competent and friendly services of a dedicated staff to
maximize revenues, maintain immaculate records and minimize problems from all our activities.
We will make the designated key personnel available to perform the requirements of this
contract throughout their employment. We will recruit and train additional staff as volume
demands.
B. Total number and location of sales persons employed by Supplier.
Lone Star Auctioneers currently has three people involved with sales, and all three are located in our
corporate headquarters at 4629 Mark IV Parkway, Fort Worth, Texas. We maintain no satellite offices.
C. Number and location of support centers (if applicable) and location of corporate
office.
See B. above.
D. Annual sales for the three previous fiscal years.
Fisca12021 $44,891,943.00
Fisca12022 $42,755,343.00
Fisca12023 $43,737,145.00
Submit FEIN and Dunn & Bradstreet report.
FEIN: 75-1990950-5-No report available.
DUNS #: 190054551-No report available.
E. Describe any green or environmental initiatives or policies.
Lone Star Auctioneers (LSA) reduces energy consumption utilizing thermostats set at 78* or
higher to reduce negative environmental impact of thermostats set at lower temperatures. LSA
purchases sustainable supplies and materials to promote environmental awareness among
employees. Water is not unduly wasted on excess landscape watering.
F. Describe any diversity programs or partners supplier does business with and how
Participating Agencies may use diverse partners through the Master Agreement.
Indicate how, if at all, pricing changes when using the diversity program.
None.
G. Describe any historically underutilized business certifications supplier holds and
the certifying agency. This may include business enterprises such as minority and
women owned, small or disadvantaged, disable veterans, etc. (See Certifications
Attachments)
WBE-NCTRCA Women Business Enterprise
SBE WBE-SCTRCA
SBE-NCTRCA Small Business Enterprise
HUB-Certification from Texas Comptroller of Public Accounts
H. List any relationships with subcontractors or affiliates intended to be used when
providing services and identify if subcontractors meet minority-owned standards.
If any, list which certifications subcontractors hold and certifying agency.
In every business decision to hire a business, LSA consciously seeks and selects sub-contractors
who are certified (example Southwest Office Systems-NCTRCA minority business of the year
copy machine used in LSA office, Metro Locksmith used frequently with current member
contracts. )
I. Describe how supplier differentiates itself from its competitors.
Our commitment to our seller clients and customers (bidders) in the form of:
• Unmatched integrity
• Reputation for results
• Excellent revenue production for substantially lower cost
• Immediate responsiveness
• Attention to detail
• Impeccable audit trail and records retention
• Immediate payment to clients accompanied by complete electronic documentation
• Treating all clients and customers with dignity and respect
• Stability and longevity of contracts such as:
o Texas Facilities Commission and all departments, divisions and agencies of the entire
State of Texas (31 years continuously)
o City of Dallas (28 years continuously)
o City of Fort Worth (38 years continuously)
o Dallas County (36 years continuously)
o Numerous other cities and counties (25+ years continuously)
o U. S. Marshals Service Comprehensive Vehicle contracts (30 years continuously) for
various contracts in DFW, Houston-Galveston, Corpus Christi, EI Paso and Tucson
o U. S. Marshals Service National Jewelry Contract (20 years continuously)
o Dallas Area Rapid Transit Authority (25+ years continuously
o California State Controller's Office Unclaimed Property contract (9 years continuously)
o State of Alabama Unclaimed Property contract (13 years continuously)
o State of West Virginia Unclaimed Property contract (8 years continuously)
o Texas A&M University System all campuses (16 years continuously)
o Dallas ISD (51 years continuously)
o Fort Worth ISD (20 years continuously)
o Irving ISD (20 years continuously)
o Numerous ISDs for years
• Being a recognized leader in the industry for online auctions
J. Describe any present or past litigation, bankruptcy or reorganization involving
supplier
None.
K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not
applicable;
Lone Star Auctioneers, Inc. is a privately held company.
b. is not owned or operated by anyone who has been convicted of a felony; or
Neither the owners, officer nor employees of Lone Star Auctioneers, Inc. have been convicted of a
felony.
c. is owned or operated by and individual(s) who has been convicted of a felony
and provide the names and convictions.
Neither the owners, officer nor employees of Lone Star Auctioneers, Inc. have been charged or
convicted of a felony.
L. Describe any debarment or suspension actions taken against supplier
None.
Additional Agreements are not necessary when using LSA's contract.
ATTACH M ENTS
CERTIFICATIONS AND AUCTIONEER LICENSES
%xas Hi�toric�t�y `Underu��lized �usi�ess (WU�) Cer��fi�at�
r��x
'_. :. °P�
;� � , . , ; ,
Sfseuvilila Hl�farCtnlfy Undcruklllxed pusiizessPrU�ram
CertiflcateNlD Number 175199Q9606U0
Approvaf Date; Juty 14, 2021
Scheduled Exp(ration Date; July 74, 202G
The Texas Comptroller of Public Accounts (CPAj, her�by certifiies that
�l ' ,�- ', �� '
�
has successfully met the established requirements of the State of Texas Mistorically Uriderutilized Business
(MUB) Program to be recognized as a HUB, This certificate printed JuBy 14, 2021, supersedes any registration
and certiflcate prevlously issued by the HUB Program. if there are any changes regarding the informailon (i,e,,
business structure, owne.rship, day to day management, operational control, business locatian} provided in the
submisslon of the business; application for regl�tration/certificatibn as a HUB, you must lmmediately (within 30
days of such changes} natify the HU6 Program in writing, The CF'A reserves the right to conduct a compliance
review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upan findings of
ineligibiliy,
Stafewlde HUB Program
5tafewlde Procuremant Dlvlslon
Nofe; Iri 6rder for State agencles and institutlons of higher educatlon (universftfas) ta be credited far uiilizing this business as a HUB, tfiey must eward
paymeht under the CertlflcateNlO Number ldentifled above, Agencles, universlties and prime cantractars are encouraged fa ver{fy the company's
MUB certification prlor to issufng a notice of ewatd by accessing the Internet (https;llmycpa,cpa,state.tx,usltpasscmblseavchllndex.Jsp) or by
coniacfing the HU6 Program at 612-4fi3•5872 or toll•free In Texas at 1•888�863�5881.
__ .. ' -._
Small �usiness Enterprise {SBE)
������
Lone Star Auctione'ers, Inc.
Lone Star Auctioneers, Inco
has filed with the Agency an Affidavit as defined by NCTRCA Small Business Enterprise (SBE) Policies &
Pracedures and is hereby certified to provide service(s) in the following areas:
�. '� •' .� r �
This Certification commences February 15, 2024 and supersedes any registration or listi�g previaus{y issued. This
certification must be sapdated every two years by submission of an Annual Update Affidavit. At any time there is a
change in ownership, control of the firm or operation, notification must be made immediately to ihe North Central
Texas Regionai Certification Agency for eligibility evaluati�n.
Certification Expiration: February 28, 2026
Issued Date: February 15, 2024
CERTIFICATION NO. WFSB84797N0226
��r. �a� Io +1r �
Certification Administrator
-- - _ _ Women �usiness Enterprise {W�E)
- � - Lone Star Auctioneers lnc.
Lon� �iar Auctioneers, Inc.
has filed with the Agency an Affidavit as defined by NCTRCA Women Business Enterprise (WBE} Palicies &
Procedures and is hereby certified to provide service(s) in the following areas:
NAICS 561990; AUCTIONEERS, INDEPENDENT
This Certification cammences September 1, 2023 and supersedes any registration or listing previously issued, This
certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a
change in ownership, control of the firm or operation, notification must be made immediately to the North Central
Texas Regional Certification Agency for eligibility evaluation.
Certification Expiraiion; September 30, 2025
Issued Date; September 1, 2023
CERTIFICATION NO. WFWB52311N0925
�� �.��,�
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Certification Administrator
C�
�,� GEN'T.R� ?'
�o� �
* � *
SOUTH CENTRAL TEXAS f�EGIQNAL CERTIFI�ATION AGENCY
Your unified certification source
wwwsctrca, org
February 20, 2024
Marilyn Burgess
Lone StarAuctioneers, Inc.
4629 Mark IV Parkway
Fort Worth, TX 76106-2213
Dear Marilyn Burgess:
We are pleased to inform you that �our application for certification in our Small, Minority, Woman and Veteran Business
Enterprise (S/M/W/V) Prqgram has been approved. Your firm met the requirements of the SCTRCA Policy and Procedure
M.anual and is currently certified as a:
*56E WBE
Certification Number: 224024240
Certification Expiration: February20,2026
Providing the following products ar services:
NAICS 561990; ALL OTHER SUPPORT SERVICES
NAICS 561990; AUCTIONEERS, INDEPENDENT
m
�
�
On the two year anniversary date of your certification, you are required to provide a renewal appl(cation affirming that no
changes have occured affecting your certification status. The SCTRCA will send you a Certification Renewal reminder sixty (60)
days prior to your expiration date. The SCTRCA will no longer include a certificate�upon certification renewals. Your expiration
date is February 20, 2026.
Please notifythis office within thirty(30) days of any changes affecting the size, ownership, control requirements, or any
material change in the information provided in the submission of the certification application, Thank yau in advance,
Sincerely,
.�����I�
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Sheena Thomas
Executive Director
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11736 IVewca�tle Avenue, Bldg. 2, Suite C
Baton Rouge, LA 70896
Telephone 225.295.8420 Fax 225.372.8584
Website: www.lalk�:o�q Email: acimin@lalb,org
A� Equai Opportunity Employer
Your Louisiana A�iciioneer licensing reqltest l�as beEn ap�rovecl. Please use t��is letter as proof of
lic�nsing. ,
IMPORT�4NT II�ORMATION:
■ It is your r�sponsibility to be avvare of and follow t�e Laws ��id Rules �nd Regulations of
the �oar�, which e�,r� l�e found on our website.
� A�eparate es�raw acco�.�i�t is required by law. Ii yo�.a �re th� financially responsil�le party
of the auciion, you �ust clepos�t �Il money eoilected ii�to your escrow account.
� Yau ffnu�t l�ave a written cont�act far any iteni or combinecl sale over $500,
a All consignors must be paid withi� 30 ciays oire�eipt of th� money.
� If yoa aie.hued to bici call only, i� is yo�� r�spon�ibili�y i� b� certaii� the Auetion Busin�ss
that hired you is pzoperly 1'icensed to aperate in Lou.isiana.
� I�� c��der t� hold an au�tian or bi� call in East �aton l�ou�e Parish, yo�i rnt�st apply for an
auciion license diYectly from thvin i� adclition to yaur Lt4 �uctioneer's lic�t�se. Far all
inform�iioil, visit the `licer�sin�' p�ge an our web�ite.
s Your licensing number must be listed in each advertiseme�.t in �vhich yota are the
fina�ciaily responsible p�:rty.
�au are nQ�v reqt�ired to iricl��:l� `L,A' in ��-on� of yo��� lice���e iliii��i�er im �11 a�lirertis�err�ellts, ���.
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A�s��i����rs L.a�en�s�� ���r�
10/20/2023
'11736 Neavcasfle AVenue, Bldg. 2, Suite C
Baton Rouge, LA 70816
Telephone 225.295.8420 Fax 225.372.8584
Website: w+Nw.lalta.o�q Emaif: admin@lalb.org
An Equal Opport�uiity Employ�r
Your Lauisi�.na ��icti.oi�eer licei�sing r�qu�st laas b�en a�proveci. Please use ihis 1_etter �s �roof of
licensi�ig.
IIVIPORTANT' INFORMATIQN:
� It is your r�sponsil�ility to be aware of ar�d fo.11ow the Laws �nd Rules �nc1 Regula�ions of
the Boarcl, vvhic�i can d�� fol�i�d on o��r �,ebsite. .
■ A separ�te escrow account is required. by l�w. If yo�t �re the financially responsi�le �arty
af th� audtion, yo� must deposit ��� inoney' collec.ted into your escrow a.ccount.
W You in�isi l��ve a written co�ii��ct for �ny iten� o� �ombi�3ed sa.le over $500.
� A11 consi�nors in�st be paid wiihin 30 days of receipt of the money.
� If yo�� are.l�.ired to bici cail. onl.y, it is your responsibil'ity to be certain �he Auction �usiness
tha.t hired yoiz is properly licens�d to operate in �Louisiana.
� In order to hold ail auction or bid call in East Baton Rouge I'arish, y�u inust apply for an
auction Iicense directly from them in addiiion to your LA Auct�oneer's license. FoY- all
informaiioi-�,. visit the `lic.ensinb' p�ge on our website.
� Your Iicensing nuinb�r must be listed ir� each �dvertisement in which yc��z a:re tr�e
f�nancially responsible p�rty.
�ou are no��r r�c�tiired to inclu�le `LA' ira front c�f you��r li�e�i,e n���:�'�er �t� a11 ati�rer������nts; etu.
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A�r�������r� L`ac��a���� ���rd
10/18/2023
11736 Newcastl� Avenue, Bldg. 2, Suite G
f3aton Rouge, LA 10896
Telephone 225295.8420 Fax 225.372.8584
Website: www.lalb.ora Emai(: admin@lalb.org
f1n Equal Oppottuniiy Employer
Your Louisiana Auctioneer licensing requeSt 1?�.s be�n approved. Please use this letter as proof of
licensing. -
IIVIPORTANT INFORMA'TION:
� It is �c�ur re�ponsibility to be awar� of and follow the Laws aiid Rules an� Regul�tions of
tl�e Board, which can be found on dux vvebsite.
� A separate escrow account is required by law. If you are tlle financially responsible party
of the auction, you must cleposit a�l nloney collected into your escrow account.
� You must have a written contract far anyitem or combined sale over $500.
� All cansignors mtist be paid withiil3Q days of receipt �f the motiey.
� If you ar� hired to bid ca11 onty, it is yo�r responsibiliry to be certain the Auct'ron �usiness
that hir�cl you is properly licensed. to op�rate ir� Louisiana.
� In orcler io hald a� auction or biel call in East Batfln Rauge Parish, you �nust apply for an
aucti�n license directly from them in addition to your LA Auctioneer's license. For all
informatian, visit the `licensing' page Qn our website.
� Your lieensing number must be li�ted in each advertiseme�t in which you are the
�nancially resporisible part-y.
You are novv rec�uired to incl«�e `LA' in front of y�txr lie�nse nun���r in all advertisernents, �tc.
E dwin
Lanford, Jr.
ATTACH M ENTS
EXAMPLES OF WEBSITE LISTINGS
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!,gns-::�.-. �W.�6�_,':;c%'��ss_�.�_jj:.•}�:_iii.''v�::�;y1�i".�;�7.t��i8�# 3a�
City of DALLAS, T]{ - AVIATIUN
�°� Ci�y ❑f Qallas - A�iatEon e�
NaWgate Tn: komc 7 ci�y aF on��ns, rx - n�innnN Server rme: sep[emher i�, zQF9 oa:s8 Ph� CT
.�
�'1•F
� i City af pALLA5, Texas - A�iation
_ �
eFn e�nvn Carrent Sid S1,ah7,soo.no uso
fULLUESCRIPr1�N yigh Bidde� 8row��heti
Tinse �ef[ �UDiNI f i1=f7
Er+ds �fi�28120i1 01:f0 P1.1 GT
5CaKEd 06j07i20i1 �1:QD Ph1 CT
F��S� e�d 5985,a�0.9Q
# of 61d5 60 {view 6Id h3ssary]
$eiler G?y �f OA�lAS, TX - AVIF,Ti�y
v�ew other i[ems 6y ll�is seller
Lo[a[ion
CUn[3ct
Preview
Pdyi11Cr7[ O1fE
iFemonal
All iLemS a�e in 11YKNOLVf3 N1GRiONG GONOiiiOY un1e55 OChcRrFSE SCa:ed. R€I i[Pm5 a:e svld AS ±5, N'MERE IS 15'iih �JQ �VARRANTIES
�mphed or expressed. Iten� preview Is hlghfy recomme:>ded and hidding without pre�Ecw is strangly dismuraged.
� �
iiEH OE5CRIRTIOIt
WAKI�IING: 'iH15 IS A ftESi R[CTEp AlfCl'IQM1
3nt:rested 6idders musi pvs[ a S1Q,0�]Q.Otl fash�ers [IiEck! �'+ira Tr�nsfer dzpos�t �A suppfy an vngirwl 6ank Ic[[er vf guarantee [or 51-2 hsiyon in
vrd�r to �ain El�gihilify to h«1 nn :hi5 �rcR� Cn�[]�[ G�� of���. �[ E:7-.'��-9a�0 ic� m...P inicrmation �nd hznk lc-[Eer wordmg.
Lo[: HC-1 - 8ell He�capter Modei 46]
BeJI ne€i�apter I•lod�l 407 is a s�nglz fng�r.e, seven p€a[e he�i[op:er. Standa�d [onfourati�n p-cvide5 Fur �ng p:l�t and e:x passFnaers. +he
rnanufa�cure dace fo� r.lie 407 is ]anvary 2007, 5ena] number 53743. Jail n�mDer N25927. T#ie ergine �s a kol�5 Royce madel 250-G�76,
total eng�r,� [�Fi�E :9 dnE215 1S�S P!�h2 haufs. 7he e�lgine rrNJ requir2 �ts first ova:t�aui yrlien it rea�hes 2a0o hou-s oFfl�gl�t ope:anons o: 56
starT,S (En�me CyUeS] whi:hev2r �qm�5 �irSE. ��E anC�Cip2;r [t�e auc*afi svin have be�•:Een ZO-30 hflti-s of fl�ght Ume leh andior 5-lU 5[er[5
on [he engine ai tNe [ime af sale.The irrtenar is a ututy se[ up lcJoth), dual :ear 5liding doors and an ex[ended 3ar+thforeemei7t irisf�umeni
�iane�.
Tlie airi'aft 5sifl iP;Cf,uOE Lhe fpll��4inp eqwpment:
• Chel".ori fF:gllt elsplay sqsi2ff7
� HY• 196 navn�aGon radeo
,r,arm;r transpor,GCr
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C�[k o� Images to En�arge P.c::: r-c
Navigate To: Hprne � Ci[y Of AAL4A5, i7C � Sur{�lus
BIn "n."• Current Sid
FVLL UES�RI4�i5Uk
High eidder
5 ELLE R. TE RiSS
Tima l.eft
PI�YHE1SrTE0.ld5
sniss rax Ends
REIaOVrL TERHS Started
AVCTIOH iERliS
First Bid
Server Tir[se: Sepiem6er 17, 2�E5 05:10 Phs CT
CI i Y OF [}Al.l.AS, TE7CA5 5urplus
$t,435,�40.0� LISp
�aw0ude
r:r� n� i�i_� r [t�
Qfi10512019 f 1:55 AM CT
❑512312�19 21:30 AM Ci
$4 50, 0 �O.flU
# of Bids 84 [view 6id I�iStnry]
Se11er CiEy Of pALLA5, Tx
vieru vtlier iteotis 6y tliis sel3e�
iocatioiy Henslcy Field
R811ds, Tx 75211
Con[a�t questians regarding the s�uEpture
shau9d be directed to the Pubpc
Affair5 & �uYrearh a[
pao�daifas�ityhall.cam or
214-67�-1897. Farv:ebslte,
regis[ration or te�lini�al help,
conta�t Lone Star Au�tioneers at
517-429-333b or1-800-275-3336
Preview Sorry •[here Is �a pre�ieva a�aila�le.
PaylFient Due 7une 10, 2019
Removal VJ�tliin 5 6u51neSS dByS BY
APPOIhiTMENT QN�Y!
ADDITIONAi FEiS:
�� �iuyer's premium (bP] Uf 7/r, w�ll Le rnlle�ted at settlemenc P:om the �vn�nir�g l�jcl�er,
13Q i E: Payrnent nius! fsP m�eie E�y Wire Tiansfcr.
R31 k[ems are �n 11NKNOWN VJpRKIHG CGN�ITION unle55 a[ilerw[Se Sia[ed. Afl iEems are Sold A5 IS, WHERE 15 �+nih NO WARRAIVTIES
urrp9ied or expressed. Item preview is iiighly reconuttended and i�iddng witfiou[ preview is strangly dts�ouraged.
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TFi�S r5 A RFSTi2IC.TE�TYfSFJ!
At.L HX!]DfRS M135T WIRE A➢EPDSIT OT 55U,aq0 i0 16F!£ S�fAR AUCTIOPitERS' �SCRDW ACCUU{V-f TU ti� ELIGI[3LE Ttl 6IO
❑FI iEii5 L�fEFS. RLL IfJI�EFtESItE] F3EDl3FRS MUST R[GISI�LR APlL1 Stif��LY 7�iit C1Ei�O51�I S[FORE O6�OS�19.
Lo[� 1- 1936 Rlexander ph�mister Frar[or, �'ftOberi E. Lee and Ehe Caizfederate Sr11d3er" 5tu€pfure
hIOTE: GRANITE HASE SH6HVN IN P[GTl1RES IS NpT i�1CL[JQE[7 WTTH THiS LaT!
Restored in 1991, Lhfs large monurrzentat scuEpture =_11ow5 General Robert E. Lee nding pn lsts hOrse. Tra�el�er, slfghtly ah�ad of another
smaller harse crith a youn� sold�er, wha represents al1 Caniederate soldsers. ihe harses appear Co be rr�a�ing at a slow and steady pa�e. TRe
art�s[ r•r[- --` -' `'== "Iis s[v!e that wa5 {70pulBY �Fier thE Cw�i VJa[ Pro[taC 5{udied SE�Eral phoroqraphs o! Confeder8i� SOEdICYS tD CrEatE
I
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City nf QALLAS� TlC
��� State of Texas
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rvavigate Ta: Nmnc r. slnr� pr fCxAs SURatuS vRaflERTY -]�FC � ix uepanNenl a1 Fransporlalion
Server7ime: Septe-�ber :7. 2fl19 55:03 P�+I �
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{ Currer�f �id
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5119,OOO.UO USb
cap[afn123-0
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09� ]�i 2p i9 09: 35 kh1 C7
07lP612�19 09:� AM CT
S75.qqp.00
Seilqf S7RTE DF 7EXAS SVRP�LVS
o POP�ERFY • YFC
v Iher i[ems hy Ihls selEer
Lo�atinn 619 w Cctier Are
Port A3nsa5, 7C 78373
ColitaR Fp1ix ireYin� a[ 35i-759-2854 of
�e�lx.ti'eV:Ro={xdCt.gvv. Plelan Halik
at36i-87B-55La o-
nvl3i�.ha':k� [xdo:.o�v.
Pi'ev3etiY $Y APPp[Vn:LNT Of]LY Y7I'fH
�rj'�THCi. UoSed Oa�27 end G9'D2.
Paynle�il Due September t8, 2015
� Of 6id5 -0] jvfew6fdi�EYery]
Reln0Ya1 BY APPOIflTlh�H7 pf�LY 1^!Rh
CON7ACT gY 09i30119
nElf3lT�ONAE f-FCS:
A'"+url]ase:'S Fce ir�'�.e aii�•i:�.:.:�� : _...i�i L•2 i.�::•:.:•.:i �! .�..._�-.e.�. �„m.3LL �-..�.�i.••G L�]'Ji�c
1111�10[i�11[ floti[P.:
linC aR C:iChlfr'S rherkc are :'�e �.-.m� A� c_.i!_.; ii� :I�i y,�yin�+:"e�mt, fach�L� � L�_Ck5 v�i:'1�::: ;]'n;.i•: •:..�'.1:�'.::
Vr•7 KOT he arc[•.�:[f•d.
RII i;ems are 1n llWKNOWN WORldNG CDNOFf1pH y�1e55 othe'1Yise Sta[ed. F."� I[ems a'e Soltl AS ]S,'�J�1ERE ES 1l�th WO 1MFRRAYTIES
im�l.ed orexpressed.Iten� prevlew is i�igl�fy retpmmended and 61ddEng wi[lia�t previeW is stron9ly dlacouraged.
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P:a�erTy �306�ff
Vzssel Yarr�e: Ha�k G. Govde
=Joas[ Guara ri�ml�er: 543923
operator: >xss o�panment or T,�nsoorcanon
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Ships Type [:CST]- O:he: Carne: s ISF�ecia�:xeaJ
5Tq7E 6F TE7fA5 SURPLLIS pROPERTY - TFC
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nav�ga�e io: iiame � sTnr� ar r�xns surer+ius P�:�Wii<��v � � r-c; > ix uec�art�neiu of lransNoriniun
server Fiair. sepcen�n__�r V, 3ui5 LS=W pH LT
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u�;es zuFs aa:aa nr•� er
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Reivaval 6r A�pp1(y7MENT DHLY WITn
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Se13Cf STRTE C1F i�1(RS SV0.PLl�5
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RPca��On E15 �4 CO[:ef AvE
pi�:� qran585, F]( 78373
CpnSaci FE��x 7fevino d[ 3fii-749•2654 �r
fe!ix.[revina ��cxtla:.9ay. NeEan H�4k
ai 35i-BSG-SG18 0:
noCen, h c�ikpcxa o[.gay.
PfevieW BY APPU[IJTPY[N7 OHLY N'1TH
CONFACT. Closetl OE3�27 anQ 09�Cp
Paymenl Oue SEp[em6er i3, 2919
nUI11 I 1 Ul� nL f i 4 5:
�. �u�CFdSEi'� Fee �r c��� � n��n� •+� j.75°'i �n�� �� [cl!e:�eC 3� cPli%i-�n•_n� ircm �S�L wmninn niaders.
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tio[ asl �asi�¢r'S Che:k: a'e'h� °.ii*;C, �i5 yio:etl n: 11'.� Pdynienl [erm., [;��hb=•'S C�iE[45 wrtiC�i ii i+✓e .,u•c]n�u
�s.. 7:17T te accev;erl. -
!al iczmg are in uh7(Np«•ry WDRKi'�G CON�.R10ftl uniess ochennsz sracetl. All items are sold AS IS, WnERE ]5 vhtn NQ vJARaANnEs
impLee ortxpregse6- [!em preview is l�ighly recanimendrd and Bld¢i�ig wi�livut pre�iew Ia s[rangEy dLscouraged.
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S7A7E OF TEJfAS 5l1RPLL15 PROPERTY - 7FC
�Idii�tinna! Fea^x�
A nuyE�r'i, Le[n�um �&P} 0! 1557 w�ll [M CB�leteetl at sexilt4n#nt tram v.:n��in$ p{nBNri.
guymrs �Say�� ny eaW+ or c.ash rqv�v�rnr;see p,ryrri r*�: rr�ms} wHl rrcr�vr a 3W rrax�:tmn m rhr BP
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'�- Eiv[k Sa List
Greet Iaws7r�axurcHunt • Fort Warth, i3{
!vt # Z.21: 198G FLEER #57 MICHAEL J�31t1]AN CA32� - F�5A NM 7 ,� �
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FAQ.� H�i -° . �`_ws
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Dn�ine Auctibn Calendar
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C_tv af Qallas, Fexas
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For+i F23�. Cha� y MrEibu, Cn��ry Camara. 3eep PetrisF, Niszan versa. Badge
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A&E ia�vs
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July 9 - ]u3y 23, 2a2A
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Fard Edge, Cha•rrcketTands, 6odge :,c-an2e:. i�onda �dy�s=y, S�;�k LeSahre,
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Wednesday, ]uly 24
Great Eo�•ia Freasure Hunt
�-�-��.p'�S{j�� Fark �"Jvrth. 7exas
•�7��t ]u!y S - ]u!y 24, 2029
�l L�tg Ind� »�:
]e���]r�. Lees� 5[orsgs, Ifztchea, ColEtctihle�3. Currency, Co�ns and h14R��
Rfa6ania 5[aEE T�reasury
Fnrk lNnrYix 3exas
3uly 12 - ]e�iy 29� 2624
Lvis incl�c�e:
]err_Ery, Eoaae Stones, 1":atcneF: Cafl=_�ki�lsa. Currenr,•, Ca:ns and !.1^RE'.
Oenny's To�ring
FoH Wc�rlh, Texas
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}ii_�an Pa['�r�nder. C^e�.-�fst •�amar��: Fp'd F-i5�. Inlin�ti „�4•J. Fpr�_ Fus�an. M1!aada
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Please f�rilvv+r the.se .�in��l� guid�iine.s ��v�en Icttinq ar�� =f�retin� y�c:ur �uctian iten�s.,
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Fl�a�� t��.e thi: Exce� TEmpl�te Far '�.��E�icles rr this Er ��?f Ter+�plate fc, P••ti=c�IlWr�o�as 5�, Surpfus tv
enter y�Ur dat�. Pl�ase use 1 spread�heet far each a�ction. �DC N�T use a different
spread�heet r' �vdrk�heet � tal�s �.v�thin � c�rc�d�heet an a IGt �EC IQ� L�515�'.
• Identify� each iten'+ �cr grt�up af iten�s�l �avith � I�t n�tr�b�r.
. The title line i.� I€n�ited t� �5 characters.
. Pro�ide �uanties or appra�cimate. q�antite5 of i�er��� in a l�t :�hen��rer �t�ssibl�.
• Ce�.�ri�tions can �� as icng a� you fike, b�t �iea�e use CNLY 1 CELL for the er�tire
des�ription. if �,��u ha�e more than 1 iter�� 3n a I�t� �I�a�e use a��mi-col�n ";" �r a peri�d
"„ ta s�p�rat� items� in a lot. GO NOT u5e arly t�F.3S� h�rd return=. �r qu�tatian ni�rks s�vhen
ent�rina data.
�lic�C here t�a vie��r an �xampke �creen �f�ot cf a fill�d cut £an��l� .�pread�he�t.
CGck here to Wiev�s an Exam��le Scre.en �hat af ar� IN�C�.�E�.TLY FIL.LEG U4�T ��;rzad£�eet f�r
yaur reference. f.�ur comn7ents �re written in r�d sa �+�u kr��u� �vha� t� exp�ct.
Imag�s:
xFLE�aSE NiA!{E SURE Y�U INCLUDE ,� �OT TA� J L�7T NIJh1BER IfV �ICTL�RE��
Th[� he�p� us, �+ou �rtti �he �idd�rs ta cr�nf�rm the right ��ctur�s are post�d �n the eorrect fat�.
Yc�r images .should be no �n�al�e.r than �.�tli] x 750 �ixeis and in lands�ap� [I�arizc�n�a�) f�rmat
QhiLY� '�Je recomn-�end that yau �f�o�t all imagEs in a�nedium to �m�l[ sett�ng �n y,�ur devi�e.
Shrcrting t�em at the lar�er �ef�ult s�tting :�ill c�use them tr laad �` ser�d .Elower du� t� their
�� rge r ��ze.
��`� ask fvr a n�inimum of ��ictures for ���f�irl�� �frant 1 driverside, back f�a�senger �ic}er
interior through the driver's door and engine with hoad apen}.
F�r misce[laneaus, please �rowide at lea�t 1 gocd quality shct vf the iten�(�) for the IQt.
�fiek here t� view exa����l� imaae� fcr �rehi�l�s ar to r�i�av �:} anz�l� imaqes f�;r n�isc •_ur-�lus.
,4i1 images �hould �e n�ntied svi�h the fot number- aE indid�ated ifl the Lci � Cnlumn on yaur
S�readsheet. Please DC7 iVCT LISE CA�'ITa'tL L�TTEFt� i� ��z�he� adding them to the lot numf�er
nan-�e�.
��t 1'� in�age� should
Lat �'� images =i�auld
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be nan,ed; iar ii�, i�� ld ar I�1), 1{�)� f�3�� 1�4)
�re nam�d; �a, 2b, 2c� �d or � (1�, 2 �2 j, 2 (�}, � �4]
�re nam�d: 3ar 31�, 3c� 3� Qr ,� 41�� 3(2�r 3(3�, 3�4)
Irnages can be upioaded �ntt� our Dropbo�c �c�cu�t, mav I�e waved �o � thum� drive and mailed
1 dropp�d aff at Lone �tar tiu�ianeers Fort �':�rth offic.e, t^�e prefer that yau dr� rsot send image�
thrQ�gFs en�aii if a�t all pns�ibl�. 5ame en�ail �erver� are limited in the size af fife th�y can se.nd
in an email. The u�uaiy re=_tri�ian is s�t to 5 iMS, l��l� �.trcngly re�omn-�end th�t y�eu try to u�load
t�em i�tz� c�r Dropbox ��co�nt to �void is.sues fr�m ari�ing. �lease cor�tact us far the �rap�ax
�tcc�unt instructions.
Additona# Inforniation:
If y�ou ��uld fike te add � Iogo t� our :�e�=.iter �rle�se pra��ide it �:vh�n �rou submit your �xc�l
spread�heet. .�,Isa, it ia aE��vaVs a gord id�a t� �dd a dir�ct link on vaur c�.vn we��fte i� yvur
anlin� au�ti�n iten�6. On�ce YQur Gat�qo� f5 =�'� Li�� �.v� a��ilf en�ail y�u e�irect link to u�e e� �+�ur
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Ccntact Paula N�oper ar 14athi a,vtr�y if you ha►re aRy que�tiqn�.
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Wejust se�t you the link thrpugh �rApbox �vh2re you ran load your pi�tures.
Yau DO NOT need to create your o�vn Oro�6ox a�caunt.
Please use the SIGIV IN hvtton �vith aur login:
Email: kathi�'�Ion�starauctioneers.cQm
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When yaU lagin the frst time [t wili ask you for a 6 dlgit cade.
Please let us kno�v when yau get that message sv �ve can fon•rard it aloe�g to you.
After foggirsg in the first #ime, it should remern�er yaur de�r�e going fon�ard.
ance logged in, it should Yake you ta the #older �•�e created for you in aur ac[vunt where you �an �apy and pasie yo�r pictures.
Call us if you don't get the fink or ha�e quest�ons �[ssues ai 8I7-74494(7D.
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�vne Star Auctioneers. Enc.
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Products/Pricing
Auction Fee
Indicate the fee or fees to be charged for use of the web-based online auction system. Provide a
complete fee schedule for this service. At a minimum, address each of the following items listed
below. Proposers should clearly spell out and itemize or delineate all fees, fee structures,
discounts and rebate structures, additional costs and/or add-ons, what party is responsible for
paying credit card fees, if any, etc.
Lone Star Auctioneers (LSA) proposes to provide Omnia participating partners a full-service
timed online auction system for the sale of surplus, seized, confiscated, impounded, and/or
unclaimed chattel property of all types. This contract will include real estate as well.
Lone Star remits 100% of gross sales to seller and 3% admin fee to ESC4 within five (5) days of
the closing of each auction. Lone Star retains the 9% Buyers Premium. Lone Star collects and
remits applicable sales taxes to the appropriate state taxing authority.
Cost to Omnia Partners
Cost to Buyer
0%
12.5 %
Buyer Premium paid retained by Auctioneer 9.5%
Admin Fee collected from buyer and paid to ESC4 3%
• Is a fee charged if the auction is not successful (items are not sold)?
►[.�
• Is the auction fee a percentage of sale price or flat fee?
Commissions and the Buyer Premium are both calculated as a percentage of the collected
selling price of the item (lot) excluding state sales and diesel equipment taxes.
• Is there a minimum auction fee?
No.
• Is the auction fee the same for all auctions or a scaled fee based upon size of auction or sale
price?
Our commissions and Buyer Premiums are the same for all a sellers' auctions no matter the size
or dollar volume of the item or total sale.
• Is the auction fee deducted from or added to the sale price?
Buyer Premiums are added to the selling price and distributed to the Partner and Lone Star
respectively.
• Provide fees for involved marketing of the auction sale, including real estate (residential,
commercial and industrial lots), commercial equipment and vehicles.
Advertising costs for real estate, specialized or especially valuable equipment, aircraft, large
watercraft, or other high value assets will be on a cost-reimbursable basis, proposed to and
approved by the seller prior to the commitment to media. There is no way for proposers to
anticipate the breadth, depth or duration for advertising which might be required under this
agreement. E.g., on June 5, 2019, Lone Star Auctioneers sold a monumental bronze statue of
Robert E. Lee in a restricted auction. The statue brought $1,435,000 and was paid for within
eighteen hours by wire transfer. There is no way we could have anticipated the need for a
marketing plan and advertising costs for a famous larger-than-life bronze statue of this
magnitude.
• Provide any other information applicable to the auction fee.
The Omnia partner is paid 100% of the collected selling price of their assets upon completion of
the auction and collection of proceeds.
Implementation and Trainin�
Indicate the fee or fees to be charged for use of the web-based online auction system.
There will be no fees charged for the use of our online auction system.
Provide a complete fee schedule for this service. At a minimum, address each of the following
items:
• Describe the types of costs, if any, applicable to implementation of the web-based auction
program for a contracting member.
There will be no costs for the implementation or continual use of our online auction system.
• Describe and provide the costs, if any, applicable to providing training for a contracting
member
By way of an initial Zoom or Teams meeting, key partner members will be provided simple
instructions and guidance in the preparation and transmittal of an auction spreadsheet for the
sale of items to a comfortable level of proficiency. We will provide additional "refresher" or
"new employee" training as necessary at no cost to the partner. LSA has never charged for
training. (See Attachments-Training Material)
• Types of costs may include implementation fee, training fee, customization fee, travel, per diem,
materials, etc.
There will be no other costs or fees associated with use of our online program. Our process is
easy and quick to learn. There will be absolutely no need for travel or per diem costs or
materials.
• Provide other information applicable to implementation and training fees.
None.
Technical Support
• Describe and provide fees for technical support services, if any.
There will be no fees for technical support.
• Provide any other information applicable to technical support fees.
No fees apply.
Svstem Upgrade & Maintenance
• Describe and provide fees system upgrade and maintenance, if any.
None.
• Provide any other information applicable to system upgrade and maintenance fees.
None.
Other Costs
None.
• Describe and provide any other fees or costs applicable to the contract. Provide a complete fee
schedule for this service. At a minimum, address each of the following items:
• Sales Tax
Lone Star will collect and remit timely all state and local sales taxes to the appropriate taxing
authority in the state where taxable assets are being sold.
o Indicate how sales tczr/use tczr would be tracked and paid.
Our software automatically differentiates between taxable and non-taxable items based on our
data upload spreadsheet and calculates all sales taxes due for taxable items and generates a
report showing taxable totals. Taxes are totaled by invoice for each buyer and for each auction
and are stored in our database by tax classification in the appropriate sales tax account. On a
monthly basis we remit the reconciled taxes due to the appropriate taxing authority.
o Identify what jurisdiction(s) would be the recipient of sales tax revenue.
The taxing authority in the district would determine to whom collected sales tax would be paid,
and that would vary seller by seller.
• Revenue Share
Discuss possible revenue share arrangements.
None. The partner gets 100% of the revenue and the cooperative receives its 3%.
o Offerors should state proposed percentages, how revenue share will be calculated and how
and when they will be paid.
None.
• Is a fee charged for a Member to register on the system?
No.
• Is a fee charged for a potential bidder to register on the system?
►[.�
• Discuss how fees are collected from agency pay and a Buyer pay perspective
Fees are collected from the buyer at the time of payment. Lone Star would collect the 12.5%
Buyer Premium and remit to ESC4 their 3% in accordance with this agreement.
• Describe options available for collecting payment from bidders (e.g. agency collect, Contractor
collect, etc.)
Lone Star would collect all funds from buyers and remit those funds to the seller by EFT no later
than five days after the buyer payment deadline. ESC4 would be paid in accordance with the
requirements of this contract.
Exhibit C – Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
***
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021