REFURBISHED SERVERS AND WARRANTY SUPPORT SERVICES

CITY OF LYNCHBURG, PROCUREMENT DIVISION
LYNCHBURG, VA 24504 (434) 455-3970
REFURBISHED SERVERS AND
WARRANTY SUPPORT SERVICES
INVITATION FOR BID #2027-020
ISSUED: August 19, 2026
DUE: September 2, 2026 at 3:00 p.m.
Invitation for Bid Prepared By:
Matt Marsteller
Senior Contract Specialist, CPPB
www.lynchburgva.gov/Bids.aspx
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Table of Contents
Title Page #
General Terms and Conditions................................................................................................................3
Instructions to Bidders...........................................................................................................................21
Scope of Work.........................................................................................................................................23
Terms and Signature Sheet....................................................................................................................24
Statement of Experience........................................................................................................................25
Statement of Available Resources........................................................................................................26
Corporate Status Form...........................................................................................................................27
Questions to Bidders/Offerors..............................................................................................................28
BID FORM.................................................................................................................................................29
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THE CITY OF LYNCHBURG
LYNCHBURG, VIRGINIA
GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS
(Bidder: The general rules and conditions that follow apply to all purchases by the City of Lynchburg, through
its Procurement Division and become a definite part of each formal solicitation, purchase order or other
award issued by the Procurement Division, unless otherwise specified. Bidders or their authorized
representatives are expected to fully inform themselves as to the conditions, requirements and specifications
before submitting bids. Failure to do so will be at the bidder's own risk, and a bidder cannot secure relief
from the conditions on the plea of error.)
Subject to all applicable laws, ordinances, policies, resolutions, regulations and all limitations imposed
thereby, bids on all solicitations issued by the Procurement Division will bind bidders to the conditions and
requirements herein set forth unless otherwise specified in the solicitation.
1. DEFINITIONS: The definitions in the Virginia Public Procurement Act and Lynchburg Public Procurement
Code apply. In addition, the following definitions apply to these General Conditions and Instructions to
Bidders:
a. BID: The written offer of a bidder to the City, submitted in response to a solicitation by the City, to
provide the City specific goods or services at specified prices and/or other conditions specified in the
solicitation, unless indicated to the contrary, as used herein, bid includes a bid submitted in
response to an Invitation for Bid.
b. BIDDER: Any person who submits a bid to the City.
c. CITY: The City of Lynchburg, Virginia
d. CONTRACTOR: Any person, including without limitation, any company, individual, firm, corporation,
partnership joint venture, or other organization with which the City contracts.
e. INVITATION FOR BID (IFB): A written request made to prospective vendors (bidders) for their bids on
goods or services desired by the City when initiating Contractor selection by means of Competitive
Sealed Bidding.
f. NON-PROFESSIONAL SERVICES: Any services not specifically identified as professional services in the
definition of professional services
g. PROCUREMENT MANAGER: The Procurement Manager employed by the City.
h. SOLICITATION: The document published by the City notifying the public and prospective bidders
that the City is seeking vendors to submit bids to provide goods or services to the City and providing
information regarding the procurement process, the City's requirements, and terms and conditions
of any resulting contract.
i. STATE: Commonwealth of Virginia.
SPECIFICATIONS
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2. QUESTIONS OR COMMENTS: For City solicitations done through the Procurement Division, all contact
between bidders or prospective bidders and the City shall be only with the Procurement Division. Any
questions which may arise as a result of this solicitation may be addressed to Matt Marsteller at 434-
455-4233, or by email to matthew.marsteller@lynchburgva.gov. Inquiries must be received at least 7
days prior to the due date in order to be considered. Contact initiated by a bidder concerning this
solicitation with any other City representative, not expressly authorized elsewhere in this document, is
prohibited. No bidder or potential bidder shall initiate or engage in any discussions with any other
employee of the City or any member of the City Council while a solicitation is outstanding concerning
the contents of such solicitation or with the intent to influence or interfere with the contract award
authorized by and described in such solicitation. A violation hereof may result in the disqualification of
such bidder.
3. ADDENDA: Any changes or supplemental instructions to this Invitation for Bid shall be in the form of
written addenda. All addenda are downloadable from the Procurement web site at
http://www.lynchburgva.gov/Bids.aspx. Each bidder is responsible for determining that all addenda
issued have been received and shall acknowledge receipt of all addenda in the space provided or by
returning a copy of each signed addendum. All addenda shall be issued no later than 5 days prior to the
bid due date. Failure to do so may result in rejection of the bid. All addenda so issued shall become part
of the IFB and any resulting contract documents. Oral answers shall not be authoritative and shall not
provide any basis for reliance by a bidder.
4. BRAND NAME OR EQUAL ITEMS: Unless otherwise provided in the Invitation for Bid, the name of a
certain brand, make or manufacturer does not restrict bidders to the specific brand, make or
manufacturer named. Such a brand name conveys the general style, type, character and quality of the
article desired, and any article which the City, in its sole discretion, determines to be the equal of that
specified, considering quality, workmanship, economy of operation, and suitability for the purpose
intended shall be accepted.
5. FORMAL SPECIFICATIONS: When an Invitation for Bid indicates that it is a "formal specification" (no
substitute), or otherwise states that the article specified, and no other, shall be provided, then the
bidder shall furnish the article in strict conformity with the specification and may not offer a purported
equal or substitute. The bidder shall abide by and comply with the true intent of the specifications and
not take advantage of any unintentional error or omission. The bidder shall fully complete every part as
the true intent and meaning of the specifications and drawings. Whenever a specification requires
articles, materials, or workmanship to conform to laws, ordinances, regulations, building codes,
underwriter laboratory standards, ASTM standards, or similar law or standards, the specification shall be
construed to require at least the minimum acceptable standard allowed by the cited law or standard
under the circumstances unless otherwise indicated.
6. OMISSIONS AND DISCREPANCIES: Unless otherwise indicated, any specification for an item of
equipment shall be interpreted to include not only the item of equipment specified, but also those
parts, items, appurtenances and accessories reasonably necessary to make the equipment complete and
working.
BID PROCESS
7. TIME FOR RECEIVING BIDS: All sealed bids will be ultimately received in the Procurement Division Office,
Third Floor, City Hall. It is the responsibility of the bidder to ensure bids are received by Procurement
Staff and time stamped prior to the deadline for bids. Hand delivered bids may be dropped off at the
Citizens First Info Center in the lobby on the First Floor of City Hall. A Procurement Division Staff
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member will be notified to come and retrieve the bid and time stamp it at that time. Bids received prior
to the time of opening will be securely kept unopened. No responsibility will be attached to the
Procurement Division for the premature opening of a bid not properly addressed, received, and
identified. Any bid opened prematurely will be resealed and kept securely until the time of opening.
Bids, to include addenda or changes to a response, shall not be accepted via a FAX machine or by
Internet E-mail. Late bids will not be accepted and will be returned unopened.
8. SIGNATURE: All bids shall be signed on the Terms and Signature Sheet in order to be considered. Bids
submitted without a signature shall be rejected. If the Bidder is a partnership or corporation, the Bidder
shall show the title of the individual signing the bid, and if the individual is not an officer of the
partnership or corporation, if requested, the Bidder shall submit proof that the individual has the
authority to bind the partnership or corporation.
9. BID BONDS: Only when specifically requested in the bid documents shall each bid be accompanied by a
bid bond with surety satisfactory to the City or a Cashier's or a Certified Check, made payable to the City
of Lynchburg. In the event of default by the Bidder, the deposit shall be and represent liquidated
damages to the City. Bids received without a bid bond, when specifically requested, shall be rejected.
10. BID MODIFICATION AND WITHDRAWAL: Any bidder may withdraw or modify its bid, in writing
containing the original signature of the bidder, which writing must be received by the City prior to the
date and time set for submission of bids. Withdrawal or modification must be in writing and be
delivered by one of the following means: (i) hand delivery by the bidder itself, a courier, or other
delivery service; (ii) by mail (no consideration shall be given to any postmark); or (iii) by marking(s) on
the exterior of the bid submission envelope, but only if the marking is dated and includes the original
signature of the bidder. Written modifications of bids should not reveal the bid price contained in the
previously submitted sealed bid, but should simply provide the desired addition, subtraction or
modification, so that the final price or terms of the bid will not be known to the City until the sealed bids
are opened. Modifications shall be on the interior envelope and sealed prior to submittal. No bid shall
be altered or amended after the specified time for opening.
11. BIDDERS PRESENT: At the time fixed for the opening of sealed bids, their contents will be made public
for the information of bidders and other interested parties who may be present either in person or by
representative. All bids will be opened at the time and place specified and read publicly and remain
available for inspection in the Procurement Division during regular City business hours by bidders prior
to award (unless a determination is made not to make an award) and by the general public after an
award is made. The City will post all notices of award to the Procurement Website.
12. WITHDRAWAL OF BIDS: A bidder may withdraw its bid from consideration if the price bid was
substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted
in good faith, and the mistake was a clerical mistake, as opposed to a judgment mistake, and was
actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work,
labor or material made directly in the compilation of a bid, which can be clearly shown by objective
evidence drawn from inspection of original working papers, documents and materials used in the
preparation of the bid sought to be withdrawn. The following procedure as stated in Section 18.1-11 of
the Lynchburg Procurement Code shall be used to request withdrawal of a bid:
a. To withdraw a bid after bid opening due to error, a bidder must satisfy the substantive requirements
of Va. Code 2.2-4330. In addition, the following procedures shall apply:
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1. The bidder shall give notice in writing of his claim of right to withdraw his bid within two
business days after the conclusion of the bid opening procedure and shall submit original work
papers with such notice.
2. The mistake may be proved only from the original work papers, documents and materials
delivered as required herein.
b. This section shall be deemed to be incorporated automatically into all invitations to bid issued by
the city pursuant to the Lynchburg public procurement code. Nonetheless, the city manager or his
designee(s) should ensure that this section is set out in all invitations to bid.
If a bid is withdrawn under the authority of this section and the solicitation is not cancelled, the lowest
responsive and responsible remaining bid shall be deemed to be the low bid. No bidder who is
permitted to withdraw a bid shall, for compensation, supply any materials or labor to or perform any
contract or other work agreement for the person or firm to whom the contract is awarded or otherwise
benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was
submitted.
13. ERRORS IN BID: When an error is made in extending the total prices, the unit bid price will govern.
Erasures in bids must be initialed by the bidder. Carelessness in quoting prices or in preparation of the
bid otherwise will not relieve the bidder. Bidders are cautioned to recheck their bids for possible errors.
Errors discovered after public opening cannot be corrected, and the bidder will be required to perform if
his bid is accepted, unless the bidder successfully withdraws its bid in accordance with paragraph 12,
Withdrawal of Bids.
14. BIDDERS INTERESTED IN MORE THAN ONE BID: If more than one bid is offered by any one person, by or
in the name of their clerk, partner, firm, or corporation, all such bids may be rejected. A contractor who
has quoted prices on work or supplies to a bidder is not thereby disqualified from quoting prices to
other bidders or firms submitting a bid directly for the work, material or supplies.
15. TAX EXEMPTION: The City of Lynchburg is exempt from payment of Federal Excise Tax and State and
Local Sales and Use Tax on all tangible personal property purchased or leased by the City for its use or
consumption. Tax exemption certification will be furnished upon request. Sales tax, however, is paid by
the City on materials and supplies that are installed by a contractor and become a part of real property.
Contractors are not exempt from paying taxes on these categories, as they are considered to be a cost
of doing business and should be considered in pricing when preparing a bid.
16. PROPRIETARY INFORMATION: Section 2.2-4342-F of the Code of Virginia states: "Trade secrets or
proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement
transaction or prequalification application submitted pursuant to subsection B of 2.2-4317 shall not be
subject to the Virginia Freedom of Information Act (2.2-3700 et seq.); however, the bidder, offeror, or
contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other
materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why
protection is necessary." Bids not in compliance with section 2.2-4342F will be subject to disclosure.
17. GOVERNING LAW: Any contract resulting from this Invitation for Bid shall be governed by the provisions
hereof and by the laws of the Commonwealth of Virginia. Any dispute arising out of this Contract shall
be resolved in the Courts of the Commonwealth of Virginia, in and for the City of Lynchburg.
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AWARD
18. AWARD DECISION: Before the Contract is awarded, the bidder submitting the lowest responsive bid
must satisfy the City that it has the requisite organization, capital, equipment, ability, resources,
personnel, management, business integrity, and experience in the type municipal work for which it has
submitted a bid. The bidder shall verify to the City that it has the sufficient and qualified personnel to
provide for the Contract Work. Failure by the lowest responsive bidder to sufficiently satisfy the City of
its ability to meet any of the above requirements may serve as grounds for rejection of the bid.
The Owner reserves the right to cancel the Advertisement for Bids, reject any and all bids, waive any and
all informalities, and disregard all conforming, nonconforming, conditional bids or counterproposals.
19. FACTORS OTHER THAN PRICE IN AWARD DECISION: The following factors in addition to price (as they
apply) shall be a consideration in the award decision:
a. The ability to provide references which may substantiate past work performance and experience in
the type of work required for the contract. The lowest responsive bidder(s) may be required to furnish
a contractor qualifications statement, to include references, prior to any such award. The City may
contact all references furnished by bidders. The right is further reserved by the City to contact
references other than, and/or in addition to, those furnished by the bidder. If, in the sole opinion of
the City, a bidder is determined to be non-responsible as a result of any investigation conducted by
or for the City, award will not be made to that bidder.
b. The previous and existing compliance by the bidder with laws and ordinances relating to the
contract or services.
c. Whether the bidder is in arrears on a debt or contract or is in default on a security to the City or
whether the bidder's county taxes or assessments are delinquent.
d. The quality of performance/workmanship of previous contracts for goods and/or services delivered
to or performed for the City.
e. The timely completion of previous contracts for services or the timely delivery of past orders for
goods.
f. The sufficiency of financial resources and its impact on ability of the bidder to perform the contract
or provide the services.
g. The City reserves the right, at its option, to conduct on-site inspections of any bidder's facilities prior
to award. The results of any such inspection will be considered by the City in determining bidder's
capabilities of successfully administering the contract.
h. The ability and availability of the bidder to provide both quality and timely maintenance, service,
and/or parts.
i. The resale value, life cycle costing and value analysis of a product.
j. The availability and capability of local and regional vendor support as it affects the quantity, quality,
and timeliness of the goods and/or services.
k. Timely delivery of goods or timely completion of services as stated by bidder.
l. Substantial compliance or noncompliance with specifications set forth in bid as determined by the
City.
m. Inventory capability as it relates to a particular bid.
n. Results of product testing.
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o. Such other information as may be secured by the Procurement Manager having a bearing on the
decision to award the contract.
20. AVAILABLE FUNDS: If the bid from the lowest responsible, responsive bidder exceeds available funding,
pursuant to Section 18.1-9 of the Lynchburg Public Procurement Code, the Owner may negotiate with
the apparent low bidder to obtain a contract price within available funds.
21. NOTICE OF AWARD/CONTRACT DOCUMENTS: A Notice of Award will be posted to the City's
Procurement website within the time for acceptance specified in the solicitation shall be deemed to
result in a contract binding on the bidder. To the extent they are included in or incorporated by the
solicitation, the following documents are hereby incorporated in and shall form a part of the resulting
contract:
a. City Solicitation Form/Award Notice and other documents which may be incorporated by reference,
if applicable.
b. General Conditions and Instructions to Bidders.
c. Special Provisions.
d. Pricing Schedule.
e. Any Addenda/Amendments.
f. Purchase Order.
22. TIE BIDS: In the case of a tie bid, the City may give preference to goods, services, and construction
produced in the City or provided by persons, firms or corporations having principal places of business in
the City. If such choice is not available, preference shall then be given to goods and services produced in
the Commonwealth pursuant to Section 2.2-4324 of the Code of Virginia. If no City or Commonwealth
choice is available, the tie shall be decided by lot.
23. PROMPT PAYMENT DISCOUNT: If discounts for prompt payment are offered by the bidder, it is required
that a minimum of twenty (20) days be allowed for payment. Discounts for prompt payment will not be
considered in the evaluation of bids. Discounts for prompt payment will be shown on the purchase
order/contract and taken if invoices are processed and payment made within the stipulated time frame.
If discounts are not offered, payment shall be made thirty (30) days after receipt of an approved invoice
by the City.
24. INSPECTION-ACCEPTANCE: The goods and/or services delivered as a result of this bid shall remain the
property of the seller until a physical inspection is made, and thereafter accepted to the satisfaction of
the City. In the event the goods and/or services supplied to the City are found to be defective or do not
conform to specifications, the City reserves the right to cancel the order upon notice (verbal or in
writing) to the seller and return goods to seller at the seller's expense.
25. DEFINITE BID QUANTITIES: Subject to the City's right to termination for convenience, where quantities
are specifically stated, acceptance will bind the City to order quantities specified and to pay for, at
contract prices, all such supplies or services delivered that meet specifications and conditions of the
contract. However, the City will not be required to accept delivery of any balances unordered, as of the
contract expiration date, unless the Contractor furnished the Procurement Manager with a statement of
unordered balances not later than ten (10) days after the termination date of the contract.
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26. REQUIREMENTS BID QUANTITIES: On "Requirement" bids, acceptance will bind the City to pay for, at
unit bid prices, only quantities ordered and delivered.
a. Whenever a bid is sought seeking a source of supply for a requirements contract for goods and/or
services, the quantities or usage shown are estimates only. No guarantee or warranty is given or
implied by the City as to any minimum or total amount that may or may not be purchased from any
resulting contracts.
b. The City reserves the right, at its sole option, to renew the contract for consecutive terms.
c. The City reserves the right to award bids for requirements contracts based on the pricing of the
initial term of the contract or any combination of initial and renewal terms.
d. The City may award a bid to a single contractor or to multiple contractors.
e. The City reserves the right not to renew the contract at the end of the initial term or any subsequent
term.
f. The City reserves the right to terminate the contract upon written notice to the contractor(s).
g. In the event that a requirements contract is awarded for goods and/or services, the City reserves the
right to bid individual purchases if the City deems it will best serve their interest.
h. It is understood and agreed to between the parties in a resulting contract that the City shall not be
obligated to purchase or pay for materials under such contract unless and until they are ordered and
delivered.
i. Bids based on a firm price or those including a "downward escalator" clause for a requirements
contract term may be given preference over lower ones bearing an "escalator" clause.
j. The City has the right to extend this contract up to and not to exceed one hundred eighty (180) days
following any term of the contract.
CONTRACT PROVISIONS
28. TERMINATION OF CONTRACTS: Contracts will remain in force for full periods specified and/or until all
articles ordered before date of termination shall have been satisfactorily delivered and accepted and
thereafter until all requirements and conditions shall have been met unless:
a. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or
upon termination by the City for convenience or cause, or upon termination by Contractor for
material breach by the City.
b. Extended upon written authorization of the Procurement Manager and accepted by Contractor, to
permit ordering of unordered balances or additional quantities at contract prices and in accordance
with contract terms.
29. TERMINATION FOR CONVENIENCE: A contract may be terminated by the City in accordance with this
clause in whole or in part whenever the Procurement Manager shall determine that such a termination
is in the best interests of the City. Any such termination shall be effected by delivery to the Contractor
at least (5) working days prior to the termination date of a Notice of Termination specifying the extent
to which performance shall be terminated and date upon which such termination becomes effective. An
adjustment in the contract price shall be made to compensate the contractor for his/her actual costs
incurred in performance prior to termination that, as determined in the City's discretion, are reasonable,
allocable, and allowable, plus a reasonable amount of profit on such costs. In no event shall the City be
liable to the contractor for anticipated profits for unperformed work or undelivered goods or for any
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consequential, special, incidental, or punitive damages of any kind. In no event shall the City be liable
for any amount over the contract price.
30. TERMINATION OF CONTRACT FOR CAUSE:
a. The City may, by written notice of termination to the Contractor specifying a termination date at
least five days thereafter, terminate this contract for cause in whole or in part if the Contractor (1)
fails to deliver the goods or perform the services this contract requires within the time this contract
specifies, or (2) fails to perform any of its other obligations under this contract or violates any
provision of this contract.
b. If this contract is terminated for cause, the Procurement Manager may require the Contractor to
transfer title and deliver to the City, as directed by the Procurement Manager, any completed or
partially completed goods and documents, data, studies, surveys, drawings, maps, models and
reports ("deliverables") prepared by the Contractor under the contract. The City shall pay the
contract price for such completed goods and deliverables. The Contractor and Procurement
Manager shall agree on the amount of payment for partially-completed goods and deliverables the
City requires the Contractor to transfer and deliver to it. If the parties fail to agree, then the
Contractor may present a claim to the City for its reasonable costs for the partially-completed goods
and deliverables. Costs recoverable shall be limited to those that, as determined in the City's
discretion, are reasonable, allocable, and allowable. Such costs in no event shall exceed the contract
price for the goods and deliverables if completed.
c. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of contract by the Contractor for the purpose of setoff
until such time as the exact amount of damages due to the City from the Contractor is determined.
d. If the City terminates this contract for cause when cause, in fact, does not exist, then the
termination shall for all purposes be deemed a termination for convenience under this contract, and
the termination for convenience clause shall apply for all purposes.
e. If Contractor properly terminates this contract for material breach by the City, Contractor's damages
shall be limited to the amounts recoverable by Contractor for a termination for convenience.
31. CONTRACT MODIFICATIONS: No modifications in the terms of a contract shall be valid or binding upon
the City unless made in writing, signed, and duly authorized by the City.
32. FUNDING: The continuation of the terms, conditions, and provisions of any resulting contract beyond
June 30 of any year, the end of the City's fiscal year, are subject to approval and ratification by
Lynchburg City Council and appropriation by them of the necessary money to fund said contract for each
succeeding year.
33. NEW GOODS, FRESH STOCK: Unless otherwise specifically stated, the Contractor shall provide new
rather than used goods, fresh stock, and the latest model, version, design or pack of any item specified.
34. NON-DISCRIMINATION: During the performance of this contract the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of
race, religion, color, sex, national origin, age, disability or other basis prohibited by state law relating
to discrimination in employment except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth the
provisions of this non-discrimination clause.
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