| Agency: | City of Lynchburg |
|---|---|
| State: | Virginia |
| Type of Government: | State & Local |
| NAICS Category: |
|
| Posted Date: | Apr 22, 2026 |
| Due Date: | May 21, 2026 |
| Solicitation No: | 2026-082 |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
| Bid Number: |
2026-082
|
| Bid Title: |
DAILY MAIL PROCESSING AND BULK MAILING SERVICES
|
| Category: | Request for Proposals |
| Status: | Open |
|
REQUEST FOR PROPOSALS TITLE PAGE
Include This Page as the First Page in Your Proposal Response
City of Lynchburg, Virginia
Procurement Division
Proposal Title: Daily Mail Processing and Bulk Mailing Services
This is the City of Lynchburg's Request for Proposals (RFP) No. 2026-082, issued April 22, 2026.
Direct inquires for information to: Matt Marsteller; Phone: 434-455-4233 or e-mail at
matthew.marsteller@lynchburgva.gov All requests for clarification of or questions regarding this RFP
must be made in writing and be received by 4:00 p.m. on May 14, 2026. All Addenda shall be issued
no later than 4:00 p.m. on May 15, 2026. All responses to this solicitation shall be in strict accordance
with the requirem ents set forth in this proposal document and the ensuing contract documents.
Sealed proposals will be publicly accepted prior to 4:00 p.m., May 21, 2026; however, only the names
of firms responding will be available for announcement. Proposals received after the stated due date and
time shall not be considered. Submit proposals electronically through the City's Bid Postings website as
noted below. Acknowledge all addenda so issued in the space provided below. Any alteration or changes
to this Request for Proposals will be made only by written addendum issued by the City of Lynchburg,
Procurement Division.
An Optional Virtual Pre-proposal meeting will take place on April 30, 2026 at 10:00 a.m. via a Microsoft
Teams link posted to the City's website at the address listed below.
All Offerors are responsible for obtaining issued addenda from the City's Procurement website:
http://www.lynchburgva.gov/Bids.aspx
Acknowledge receipt of addenda here: No. ________ Date: _______ No. _______ Date: _______ No. _______ Date:
______
Information the Offeror deems Proprietary is included in the proposal response in section(s):
See Paragraph B. on page 2 for guidelines on submitting proprietary
information.
In compliance with this Request for Proposals and all the conditions imposed therein, the undersigned
offers and agrees to furnish the services in accordance with the attached proposal or as mutually agreed
by subsequent negotiations. By my signature below, I certify that I am authorized to bind the Offeror in
any and all negotiations and/or contractual matters relating to this Request for Proposals. Sign in ink and
type or print requested information.
Full Legal Name of Offeror:
Fed ID OR SOC. SEC. NO.: Date:
Address: Phone: ( )
E-mail address:
Signature:
Typed or Printed Name, Title
City Procurement Signature
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I. SUBMISSION OF PROPOSALS
A. To submit a proposal, access the Submit Online button as part of the RFP description on the City's Bid
Postings webpage: https://www.lynchburgva.gov/Bids.aspx. All proposals submitted should be uploaded
as a single PDF file and must be submitted by the deadline. Late proposals will not be considered.
Proposals will be stored in a secure folder until after the deadline has passed then accessed by
Procurement staff.
B. Submission of Proprietary Information
Trade secrets or proprietary information submitted by an Offeror in connection with this procurement
transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act;
however, the Offeror must invoke the protection of this section prior to or upon submission of the data or
the materials, and must identify the data or other materials to be protected and state the reason why
protection is necessary. (Section 2.2-4342 F. of the Code of Virginia). Offerors shall submit, in a
separate section of the proposal, any information considered proprietary and any copyrighted
material and clearly identify the information as proprietary and/or copyrighted information.
Offerors may not declare their entire proposal proprietary nor may they declare proposed pricing
to be proprietary. References may be made within the body of the proposal to proprietary information;
however, all information contained within the body of the proposal not in the separate section labeled
proprietary shall be considered Public Information.
C. Proposals having any erasures or corrections must be initialed by the Offeror in ink.
D. The City reserves the right to accept or reject any or all proposals, to waive informalities, and to
reissue any request for proposals and to award contracts to multiple Offerors. Any contract resulting from
this Request for Proposal shall not be exclusive to the successful firm. The City reserves the right to
contract with firms not party to the resultant contract for similar work if it determines this to be in their
best interest.
E. By submitting a proposal, the Offeror agrees that the proposal will not be withdrawn for a period of 90
days following the due date for proposal responses.
F. By submitting a proposal, the Offeror certifies that it has not combined, conspired or agreed to
intentionally rig, alter or otherwise manipulate, or to cause to be rigged, altered or otherwise manipulated
its proposal for the purpose of allocating purchases or sales to or among persons, raising or otherwise
fixing the prices of the goods or services, or excluding other persons from dealing with the City.
G. By submitting a proposal, the Offeror certifies that its proposal is made without collusion or fraud and
that it has not offered or received any kickbacks or inducements from any other Offeror, supplier,
manufacturer or subcontracting firm in connection with its proposal; and that it has not conferred on
any public employee having official responsibility for this procurement transaction any payment, loan,
subscription, advance, deposit of money, services or anything of more than nominal value, present or
promised.
H. Nothing herein is intended to exclude any responsible Offeror or in any way restrain or restrict
competition. All responsible Offerors are encouraged to submit proposals.
I. It is the policy of the City of Lynchburg to maximize participation by minority and women owned
business enterprises in all aspects of City contracting opportunities. The City does not discriminate
against faith-based organizations.
J. The City will not be responsible for any expense incurred by any Offeror in preparing and submitting a
proposal. All proposals submitted will become the property of the City.
K. By submitting a proposal, the Offeror is certifying that Offeror is not currently debarred by the City, or in
a procurement involving federal funds, by the Federal Government. A copy of the City debarment
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procedure in accordance with Section 18.1-10 of the City's Procurement Ordinance is available upon
request.
II. Purpose
The purpose of this Request for Proposals (RFP) is to obtain proposals from qualified vendors for the
Processing of Daily Mail, Data Processing, Printing, Folding, Inserting, and Bulk Mailing of Specified Bills for
the City of Lynchburg. Vendors will be permitted to sub-contract for the daily mail to be picked up and
delivered to a location and for commingling/pre-sorting/metering services at such location as noted below.
III. Background
The City of Lynchburg has previously contracted the above-mentioned services through BMS Direct, Inc. in
Lynchburg, VA and desires to continue outsourcing them to meet current needs. The current contract expires in
November 2026 and there are no renewal options available.
IV. Scope of Services
A. DATA PROCESSING, PRINTING, FOLDING, INSERTING, & BULK MAILING OF SPECIFIED
BILLS
1. The City of Lynchburg creates either a unique fixed length flat file of data, an XML file, or a PDF for
each billing or form type that is outsourced for printing. The generation of this file is part of an
automated bill run or other process that is performed by customers in various departments. The City
currently uses the following platforms: Tyler Technologies (New World ERP), Catalis, Inc., and other
in-house applications associated with City billing.
2. The file formats, other than PDF, can be one record for an account or multiple records per account.
3. Files that contain multiple records per account can have the same format for each line of data or a
separate "record types" with different data on each of the lines.
4. The length of the file is dependent on the bill type or form type and can range from several
hundred characters to approximately 6,000 characters, with a size range of approx. 60 KB. '
5. For the five billing file types (Utility Water Bills, Real Estate, Personal Property, Miscellaneous
Billing, and Miscellaneous Billing Customer Statements), a control record is created that
includes a total number of bills created and a total amount due for all bills. This control record is
used to validate that the printer has received all of the records that are to be printed. As the print
job runs, the printer should be matching their internal control values to the ones supplied by the
City.
6. The billing file and control file are compressed into a single "zip" file.
7. The process that produces the file automatically transmits the "zip" file to a secure FTP site without
intervention of the person who generated the file or without intervention from a computer operations
staff.
8. The vendor must map the data from the fixed length file, or XML file to the City's pre-designed form. In
some instances, total columns are included as a field in the file and, sometimes, the printer performs
calculations to calculate the total amount based on data in a particular data field or column.
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9. The vendor must be able to filter and segregate some bills from printing based on a column (typically
an account number, but could be some other data field). Sometimes, these bills will not be produced at
all and sometimes they will be printed and returned to the City.
10. The vendor must sort the documents combining like mailing addresses into a single mailing
envelope.
11. Upon receipt of the fixed length flat file, XML file, or PDF file, the printer will perform their processes
to create a proof file to provide back to the City. The printer will provide the proof in an automated
fashion, done either by the printer's software package, or by allowing a City application to connect to
the printer's software package to retrieve the proof. Email notifications of job completion should
include the job control totals (number of bills and total amount) from the printing process.
12. The City file originator will review the proof file for accuracy, format, and quality and respond by either
email notification to the vendor, or by use of a vendor portal reporting any problems that need to be
resolved or approval to proceed with printing and mailing the bills or other form types.
13. The vendor must print on 8 12 X 11" twenty pound bond perforated paper, fold, insert the document,
plus a #9 payment return envelope where applicable, and insert any communication documents into a
#10 double blank window envelope with Return Address Service Requested visible in the top blank
window. The placement of data including the OCR scan line on the payment remit stub is critical to our
ability to process returned payments in an automated scanner environment. The OCR scan line will
contain a modulus 11 check digit.
14. The City will set up and maintain a Postage Escrow Account with the vendor to prepay applicable
postage charges for each job. The vendor must be able to maximize bulk mailing postage rates
under their postal permits with the United States Postal Service. (USPS)
15. The vendor must audit the mailing addresses and correct any format errors in accordance with the USPS
rules for presort bulk mailing. The City requires this to occur prior to sending any bulk mailing to citizens
to have addresses run through the National Change of Address Search process. This is in an effort to
decrease the number of returns and/or incorrect addresses. (The attempt is to update the system of records
prior to mailings being sent.)
16. The vendor will meter the job and deliver the presorted work to the USPS by midnight of the third
workday after the file is released to the vendor. (i.e., Utility Bills are created on Wednesday and
released to the vendor during the afternoon hours. Proofs are sent back to the City within a few hours
and approved or rejected within an hour of transmission. The completed mail is delivered to the USPS
by midnight on Friday. This process repeats every other week throughout the year.)
17. The vendor will provide back to the City a job summary as to the number of bills and total amount of
money billed on each job. The City also requires a report on the number of yellow Cut Off Notices
printed in each job.
18. The vendor must establish internal parameters on each job to accomplish unique features of each job.
(i.e. language/ink coloring on delinquent water bills is made to stand out)
19. The return payment remit stubs cannot have a curl at the top of the form from an improper fold. The OCR
line must measure an exact distance from the bottom of the stub.
20. The vendor must submit itemized invoices including the service date, job description, printer counts,
metered counts, and amount of postage per job. The amount due on the invoice will be for data
processing and print shop services.
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21. The postage charges listed on each invoice will be summarized in a monthly report to the City.
22. The vendor must provide for periodic address validation of the City's existing billing address files. The
City sends the account number, billing name and address to the printer, they return an Excel spreadsheet
of accounts that need attention. The spreadsheet contains the account number, the address the City has for
the account and the recommended address change based on the NCOA database.
23. Informed Delivery Service - The City would like to begin utilizing a service with tracking capacities
similar to that of Informed Delivery through USPS, which would track every single envelop with a
barcode that would tell City staff if each piece of mail had been delivered, to what address, the date, and
if not, why it was returned (USPS has approx. seven categories) in a format that can then be uploaded to
the GIS dashboards designed for the City.
24. The City has furnished examples of bulk mailings that are necessary. See Attachment B.
B. DAILY OUTGOING MAIL PICKUP AND PROCESSING
1. Picked up and sent as First-Class Mail (commingling/pre-sorting/metering service is required- the
City currently uses such service; the use of a sub-contractor to perform the daily mail pickup and
commingling/pre-sorting/metering service is acceptable to the City)
2. Mail must be picked up daily (Monday - Friday, except Holidays) no sooner than 3:30 p.m. at two
(2) locations, Human Services at 99 9th Street and City Hall at 900 Church Street.
3. Vendor will commingle/pre-sort, meter, seal and deliver all mail to the United States Postal Service
within 24 hours of mail pick up.
4. Vendor will supply forms for each department to attach to bundles of mail for billing purposes.
(samples will be provided to the awarded vendor)
5. One (1) electronic invoice provided in either Excel .xls or .csv format is required for Daily
Outgoing Mail Pickup and Processing. The invoice must be broken down by departments
and include a breakdown of each service charged. Daily Outgoing Mail Pickup and
Processing invoices should be sent directly to the City Finance Department c/o Accounts
Payable. (samples will be provided to the awarded vendor)
6. Vendor shall afford the City all postage savings associated with the bulk metering of
mail. (The City will not accept a vendor or sub-contractor handling daily mail that
passes along full pricing to the City for postage related to daily mail pickup.)
C. GENERAL ITEMS TO NOTE
1. Vendor shall notify the City when a disruption of services is planned or occurs unplanned. For large-scale
system changes such as modifying encryption algorithms, the Service Provider will notify the City at
least one week prior to such change. For planned maintenance and/or upgrades, the vendor will notify
the City at least 24 hours prior to such change. For unforeseen hardware or network failures, the Service
Provider shall notify the City immediately of such disruption in service. All notifications shall include the
type of disruption, anticipated duration, and contact information of a representative of the vendor who is
familiar with the disruption.
2. Vendor shall be SOC II Type II compliant and shall provide their most recent SOC II Type II audit report
from within the past 12 months of operations prior to award of a contract and during any initial or
subsequent contract term as requested by the City. As required by SOC II Type II compliance, vendor
shall have in place an adequate data recovery / business continuity plan capable of complete data
recovery from a different geographical location to protect against regional disaster or catastrophe or in
the event of complete data loss in the local/regional data housing location. Vendor shall include its SOC
II Type II audit report and brief description of their disaster recovery plan with their proposals. This
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| Proposals must address the items included in the Scope of Services and the Criteria for Proposal Evaluation. |
|---|
| Proposals should be prepared simply, providing straightforward and concise responses to requests for |
| information and descriptions of qualifications and capabilities. Responses shall be limited to no more than 30, |
| one sided, or 15 double sided pages including all other materials, but, excluding the cover. Each copy of |
| the proposal must be bound with all documentation in a single volume where practical. Failure to do so will |
| result in a lowered evaluation. Incomplete proposals may be determined nonresponsive. Proposals with |
| extraneous information or staff will receive lower ranking. Resumes of staff and sample bills, inserts, mailings, |
| and invoices, etc. will NOT count toward the page count. |
| Offerors should organize their proposals using the format described below: |
should be included in Section 3 of the proposal.
3. The vendor shall be registered to do business in the Commonwealth of Virginia with the State
Corporation Commission.
4. Each department requesting a service will be responsible for payment of service provided by vendor, with
the exception of Daily Bulk Mail pickup, commingling/pre-sorting, and delivery to the USPS.
5. THE CITY IS NOT INTERESTED IN VENDORS PROVIDING ELECTRONIC BILL
PAYMENT OR PRESENTMENT SERVICES AS A PORTION OF THIS RFP. ANY PROPOSAL
RECEIVED THAT CONTAINS ELECTRONIC BILL PAYMENT OR PRESENTMENT
SERVICES MAY BE DEEMED NON-RESPONSIVE AND REJECTED.
D. SERVICE LEVEL REQUIREMENTS:
1. High Level Issues: Resolution required in no more than four (4) hours (Hourly status updates are
required until all issues are resolved)
a. Correction of printed bills that do not pass quality control review.
b. Failure of automated processes to complete in the normal specified time.
c. Turnaround of address correction files.
d. New forms that do not have hard coded values in them except of pure text.
2. Medium Level Issues: Resolution required in the time agreed upon by the City and Vendor
a. New form requests are scheduled for development and delivered with the highest degree of quality
assurance testing.
b. New forms have automated processes developed as needed.
c. Change requests to existing forms are scheduled for development and delivered
***By submitting a proposal in response to this RFP, vendors are certifying that they either meet or exceed
all compliance related points outlined in the Scope of Services. Failure to meet or exceed all compliance
related points are grounds for rejection of the proposal.***
V. PROPOSAL PREPARATION
Proposals must address the items included in the Scope of Services and the Criteria for Proposal Evaluation.
Proposals should be prepared simply, providing straightforward and concise responses to requests for
information and descriptions of qualifications and capabilities. Responses shall be limited to no more than 30,
one sided, or 15 double sided pages including all other materials, but, excluding the cover. Each copy of
the proposal must be bound with all documentation in a single volume where practical. Failure to do so will
result in a lowered evaluation. Incomplete proposals may be determined nonresponsive. Proposals with
extraneous information or staff will receive lower ranking. Resumes of staff and sample bills, inserts, mailings,
and invoices, etc. will NOT count toward the page count.
Offerors should organize their proposals using the format described below:
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| Title Page |
|---|
| Furnish the REQUEST FOR PROPOSALS TITLE PAGE and include it as the first page of the proposal. The |
| name stated on the Title Sheet must be the full legal name of the Offeror and the address must be that of the |
| office which will have responsibility for the services provided. |
| Offers should acknowledge receipt of addenda on the title page. Failure to do so may result the proposal being |
| deemed non-responsive. |
| Section 1 - Project Understanding & Methodology |
| Section 3 - Offeror Experience & Personnel |
|---|
| Describe the Offeror's (company) background and specific experience in providing mailing services for the items |
| proposed. Include a brief statement of the Offeror's professional competence, technical capabilities, and |
| qualifications. |
| Indicate the project manager and/or key individuals with a proposed role in the service delivery and include a |
| delivery team organization chart. |
| For each key individual involved, include a resume detailing related experience in working with similar contracts |
| and local governments, if applicable. Include their educational background and experience as directly related to |
| their assigned duties under the proposed contract. |
| Resumes of individuals who will not be directly involved with the proposed project should not be included. |
| Please include the most recent SOC II Type II audit report and brief description of your disaster recovery plan |
| in this section of the proposal. |
| Section 4 - Sample Bills, Inserts, Mailings, and Invoices, etc. |
| Please include copies of sample bills, inserts, mailings, and invoices, etc. that have been created for other |
|---|
| customers. |
| Section 5 - References |
|---|
Title Page
Furnish the REQUEST FOR PROPOSALS TITLE PAGE and include it as the first page of the proposal. The
name stated on the Title Sheet must be the full legal name of the Offeror and the address must be that of the
office which will have responsibility for the services provided.
Offers should acknowledge receipt of addenda on the title page. Failure to do so may result the proposal being
deemed non-responsive.
Section 1 - Project Understanding & Methodology
Briefly describe the understanding of the requested services and the general methods used to provide the required
services.
Section 2 - Scope of Services Approach
Detail the proposed approach to the main two categories in the Scope of Services:
1. Data Processing, Printing, Folding, Inserting, & Bulk Mailing of Specified Bills and
2. Daily Outgoing Mail Pickup and Processing
How would each of the two main services be delivered? This should be in detail as much as possible.
Please include your firm's ability to provide the Informed Delivery Service as outlined in #23 on page 5 of
this RFP.
Section 3 - Offeror Experience & Personnel
Describe the Offeror's (company) background and specific experience in providing mailing services for the items
proposed. Include a brief statement of the Offeror's professional competence, technical capabilities, and
qualifications.
Indicate the project manager and/or key individuals with a proposed role in the service delivery and include a
delivery team organization chart.
For each key individual involved, include a resume detailing related experience in working with similar contracts
and local governments, if applicable. Include their educational background and experience as directly related to
their assigned duties under the proposed contract.
Resumes of individuals who will not be directly involved with the proposed project should not be included.
Please include the most recent SOC II Type II audit report and brief description of your disaster recovery plan
in this section of the proposal.
Section 4 - Sample Bills, Inserts, Mailings, and Invoices, etc.
Please include copies of sample bills, inserts, mailings, and invoices, etc. that have been created for other
customers.
Section 5 - References
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| Provide a list of at least three agencies, (local government preferred, but not required) from whom the Offeror |
|---|
| has had success in providing the proposed services. References should be from customers with a similar mail |
| volume to that of the City. |
| Include client name, dates when the service was provided, brief description of the services performed, individual |
| contact name, address, telephone number, and e-mail address. Any proposal that does not provide three |
| references as requested may be deemed non-responsive and not evaluated or given further consideration. |
| Section 6 - Pricing |
| Please include a completed version of Attachment A - RFP 2026-082 Daily Mail Processing and Bulk Mailing |
| Services Pricing Sheet. |
| The following criteria will be utilized in evaluating proposals: |
|---|
| A. Demonstrated ability to provide the services requested. (25%) |
| B. Proposed approach to delivery of the services proposed. (30%) |
| C. Demonstrated competency of vendor's experience and qualifications of the assigned staff in providing |
| services to customers. (25%) |
| D. Offeror's ability to provide a solution, and how well that solution conforms to what is requested for the |
| Informed Delivery Service for mailings as outlined in #23 on page 5 of this RFP. (10%) |
| E. Conciseness and clarity of proposal. (10%) |
Provide a list of at least three agencies, (local government preferred, but not required) from whom the Offeror
has had success in providing the proposed services. References should be from customers with a similar mail
volume to that of the City.
Include client name, dates when the service was provided, brief description of the services performed, individual
contact name, address, telephone number, and e-mail address. Any proposal that does not provide three
references as requested may be deemed non-responsive and not evaluated or given further consideration.
Section 6 - Pricing
Please include a completed version of Attachment A - RFP 2026-082 Daily Mail Processing and Bulk Mailing
Services Pricing Sheet.
VI. CRITERIA FOR PROPOSAL EVALUATION AND METHOD OF AWARD
The following criteria will be utilized in evaluating proposals:
A. Demonstrated ability to provide the services requested. (25%)
B. Proposed approach to delivery of the services proposed. (30%)
C. Demonstrated competency of vendor's experience and qualifications of the assigned staff in providing
services to customers. (25%)
D. Offeror's ability to provide a solution, and how well that solution conforms to what is requested for the
Informed Delivery Service for mailings as outlined in #23 on page 5 of this RFP. (10%)
E. Conciseness and clarity of proposal. (10%)
Method of Award
Following evaluation of the written proposals as submitted, presentations shall be held prior to selection. The
opportunity to present shall be made to two or more Offerors deemed to be fully qualified and best suited
among those submitting proposals, on the basis of the factors involved in the Request for Proposal, and
respondents ranked 1, 2, 3 or more. The City reserves the right to have the presentations held in a virtual format.
Upon completion of the presentations, the selection committee shall select the number 1 ranked firm and the
City shall begin negotiations with that firm in an attempt to reach an agreement to provide the services. Price
shall be considered, but need not be the sole determining factor. If after negotiations have been conducted with
the top ranked firm, an agreement cannot be reached, negotiations will be terminated with that firm, and
negotiations began with the firm ranked number 2. This procedure will continue until an agreement is reached
or negotiations are terminated and the services re- solicited. At any stage of the selection process should the
City determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror
is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded
to that Offeror.
Notice of Award will be posted on the City's web site (www.lynchburgva.gov/Bids.aspx) and on the bulletin
board located outside of the Procurement Office, 3rd floor City Hall, 900 Church Street, Lynchburg,
Virginia, 24504.
* The City reserves the right to award multiple contracts as a result of this solicitation process if it is in the best
interest of the City.
* The City reserves the right to solicit a proposal and related pricing from the awarded contractor(s) for any
services they may provide that are not specifically listed in this solicitation during the initial term or any
renewal term of the resulting contract.
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VII. TERM OF CONTRACT
The initial term of this contract shall be for (1) one year with the option to renew for up to (4) four additional
(1) one-year periods upon mutual agreement of both parties.
VIII. GENERAL TERMS AND CONDITIONS
The Contract for Services ("Contract" or "Agreement") with the successful Offeror will contain the following
Terms and Conditions. Offerors taking exception to these terms and conditions or intending to propose
additional or alternative language must (a) identify with specificity the City Terms and Conditions to which
they take exception or seek to amend or replace; and (b) include any additional or different language with
their proposal. Failure to both identify with specificity those terms and conditions Offeror takes exception to
or seeks to amend or replace as well as to provide Offeror's additional or alternate Contract terms may result
in rejection of the proposal.
A. Subcontracting and Assignment of Work
The Consultant shall not subcontract or assign portions of the work, other than those specifically defined
in the contract, without the express written consent of the City. A description of any work the Offeror proposes
to subcontract shall be submitted to the City for review and approval along with the name and address of the
individual, firm, or corporation that is the proposed subcontracting firm. This submittal shall also include a list
of the key personnel that the subcontractor will assign to the project. All work performed by any subcontractor
shall be coordinated by the Consultant who shall be responsible to the City for all work performed by any
subcontractor or special consultant.
B. Independent Successful Firm
The Consultant is an independent firm and nothing contained in a subsequent contract shall constitute or
designate such firm or any of its agents or employees as employees of the City.
C. Notification
Any notice required by the contract shall be effective if given by registered mail, return receipt requested, to
the Consultant in the name and at the address given in its proposal submission; provided that change of address
shall be effective if given in accordance with this paragraph. Unless otherwise specified, any notice to the City
shall be given to the City of Lynchburg, Procurement Manager, 900 Church Street, Lynchburg, VA 24504.
The Consultant agrees to notify the City immediately of any change of legal status or of address. Any notice
provided in accordance with this paragraph shall be deemed to have been completed five calendar days after
the date of mailing.
D. Cooperative Procurement
As authorized in 2.2-4304 of the Code of Virginia, this procurement is being conducted on behalf of and
may be used by public bodies, agencies, institutions and localities of the several states, territories of the United
States, and the District of Columbia with the consent of the Consultant.
E. Termination
Subject to the provisions below, the contract may be terminated by the City upon thirty (30) days advance
written notice to the Consultant; but if any work or service hereunder is in progress, but not completed as of
the date of termination, then the contract may be extended upon written approval of the City until said work or
services are completed and accepted. All information and materials gathered and/or prepared by or for it under
the terms of the contract shall be delivered to, become and remain the property of the City. The City shall have
the right to use and reproduce the data and reports submitted hereunder, without additional compensation to the
Consultant.
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Termination for Convenience:
The City may terminate this contract for convenience at any time in which the case the parties shall negotiate
reasonable termination costs.
Termination for Cause:
In the event of Termination for Cause, the thirty (30) days advance notice is waived and the Consultant shall
not be entitled to termination costs.
Termination Due to Unavailability of Funds in Succeeding Fiscal Years:
If funds are not appropriated or otherwise made available to support continuation of the performance of this
Contract in a subsequent fiscal year, then the Contract shall be canceled and, to the extent permitted by law, the
Consultant shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized
in the price of the supplies or services delivered under the Contract.
F. Laws and Regulations
Where applicable, this Contract shall be subject to the requirements of Sections 2.2-4311, 2.2-4311.1, 2.2-
4311.2, 2.2-4311.3, 2.2-4311.4, 2.2-4312, and 2.2-4354 of the Code of Virginia (1950) as amended, and the
prohibitions described under Sections 2.2-4367 through 2.2-4377 of the Code of Virginia (1950) as amended
are fully understood.
The Successful firm shall abide by all Federal, State and Local laws and regulations governing the provision
of the services called for in the contract. The Successful firm shall give notice and comply with all laws,
ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work.
By entering this Contract, the Consultant certifies that it does not and will not during the performance of this
Contract violate the provisions of the Federal Immigration Reform and Control Act of 1986, which prohibits
employment of illegal aliens.
This contract shall be governed and construed in all respects by its terms and by the laws of the
Commonwealth of Virginia. Any legal proceedings arising out of or related to this contract shall be filed by
the parties in the City of Lynchburg General District Court or the Lynchburg Circuit Court.
G. Additional Services
The City may add to the Scope of Work any services of a similar nature to those specified in the
Scope of Work of this Request for Proposals as mutually agreed to at a price mutually agreed upon.
H. Severability
Each paragraph and provision of the resultant contract will be severable from the entire contract and if any
provision is declared invalid, the remaining provisions shall remain in effect.
I. Licenses and Permits
The successful firm shall secure and pay for all permits, governmental fees and licenses necessary for the
proper execution and completion of the work which are legally required prior to and during the work. The
City will not charge for any permits required by the City of Lynchburg.
J. Payments to Successful firms
Payments to the Consultant shall be made within 30 days after receipt of an approved invoice for services
provided in the previous month. Backup documentation for each invoice shall be provided in detail
satisfactory to the City. The Consultant's records and documentation supporting such invoices shall be
made available to the City upon reasonable request. The Consultant agrees to retain all records, documents
and support materials relevant to the contract for a period of five years following final payment. Invoices
must be prepared in formats as required by funding agencies.
10 | P a g e
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