COMPREHENSIVE EMS STAFFING ASSESSMENT

Location: Virginia
Posted: Aug 20, 2026
Due: Sep 16, 2026
Agency: City of Lynchburg
Type of Government: State & Local
Category:
  • H - Quality Control, Testing, and Inspection Services
Solicitation No: 2027-015
Publication URL: To access bid details, please log in.
Bid Number: 2027-015
Bid Title: COMPREHENSIVE EMS STAFFING ASSESSMENT
Category: Request for Proposals
Status: Open
Description:

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Publication Date/Time:
8/20/2026 12:00 PM
Closing Date/Time:
9/16/2026 4:00 PM
Contact Person:
MATTHEW.MARSTELLER@LYNCHBURGVA.GOV
Related Documents:

Attachment Preview

REQUEST FOR PROPOSALS TITLE PAGE
Include This Page as the First Page in Your Proposal Response
City of Lynchburg, Virginia
Procurement Division
Proposal Title: Comprehensive EMS Staffing Assessment
This is the City of Lynchburg's Request for Proposals (RFP) No. 2027-015, issued August 20, 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 September 9, 2026. All Addenda shall be
issued no later than 4:00 p.m. on September 11, 2026. All responses to this solicitation shall be in strict
accordance with t he requirements set forth in this proposal document and the ensuing contract documents.
Sealed proposals will be publicly accepted prior to 4:00 p.m., September 16, 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.
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 City of Lynchburg (City) is seeking a qualified vendor who specializes in providing staffing assessment
services to Public Safety agencies, Fire Departments preferred. Proposals submitted by vendors who have
no experience conducting staffing studies for Public Safety agencies will be considered non-responsive and will
not be evaluated.
The City would like to partner with a consultant services firm for a Comprehensive Emergency Medical
Services (EMS) Staffing Assessment for the Lynchburg Fire Department (LFD). The goal of the assessment is
to provide the Fire Chief with staffing options and recommendations for effective delivery of EMS services
within the LFD.
The LFD would like to have a firm under contract to begin the assessment by October 31, 2026 with the final
plan and deliverables provided by April 1, 2027.
III. BACKGROUND
Lynchburg is a city of 50 square miles located near the geographic center of the state, bordered by the eastern
edge of the Blue Ridge Mountains. It is located approximately 180 miles southwest of the nation's capital,
Washington, D.C.
Lynchburg Fire Department (LFD): The City of Lynchburg is the eleventh largest city in the Commonwealth of
Virginia with a population of slightly more than 80,000. It is the eighth largest city in land area with an
incorporated area of 50.25 square miles. The daytime population increases significantly during regular business
hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, regularly reaching 115,000 people. Additionally, as
the home to three residential higher education institutions, an additional 18,000 people inhabit the City during
the academic year. Due to the square mileage of the City, the outlying ambulances, Medic 4, Medic 7 and Medic
8, have higher average round trip mileage per call compared to our inner City medic units, Medic 1, Medic 3 and
Medic 6. The outlying stations average around 30 miles per round trip. (Data pulled from the most recent LFD
Accreditation Report. See Attachment B.)
Officially established in 1883, the LFD currently provides fire suppression and prevention services, emergency
medical services, technical rescue, hazardous materials response, and confined space emergency response.
Sworn personnel currently consists of 210 firefighters, including 189 City-funded positions and 21 positions
funded through the federal Staffing for Adequate Fire and Emergency Response (SAFER) grant. The department
operates with eight stations, an administrative office, a Logistics shop and a Fire Training Facility. An additional
fire station is anticipated to become operational within the next 12 to 18 months, with an anticipated need for 21
additional sworn firefighters. The LFD has an Insurance Services Office (ISO) rating of two, which means that
ISO scored the LFD in the top 5% of their peer organizations. The Lynchburg Fire Department received
International Fire Services Accreditation Congress (IFSAC) accreditation, making it one of 15 accredited
departments in Virginia, first receiving accreditation in 2006.
LFD has a new Fire Chief as of July 2026 and a new Deputy Chief of Administration as of August 2026. As of
the release of this RFP, the Deputy Chief of Operations position is currently staffed on an interim basis.
Fire Department Climate, Culture, and Hiring Process Assessment - released May 19, 2026
The City recently contracted with Raftelis to conduct a Fire Department Climate, Culture, and Hiring Process
Assessment. The report associated with that project is attached to this RFP as Attachment A. One of the key
conclusions from the climate assessment was that the Department's culture and operational structure have
historically treated EMS as a supplementary function, while call volume data demonstrates that EMS accounts
for the substantial majority of the Department's calls for service. The assessment found that this misalignment
has created significant impacts on staff.
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From Attachment A, "According to the City's own Annual Comprehensive Financial Report (ACFR), LFD has
averaged over 18,000 calls for service per year since 2016. Of those, 83% are EMS calls. Fire calls account for
17%. Despite this, the Department's organizational structure, staffing model, promotional pathways, training
priorities, and compensation systems reflect a fire-suppression-first framework, with EMS positioned as a
secondary function layered on top.
The operational consequences are specific and documented. Of 128 operational firefighters, 102 hold
Firefighter-BLS certifications and only 26 hold Firefighter-ALS certifications, the classification that qualifies
personnel to supervise medic units and provide advanced cardiac, trauma, and pediatric life support. With six
ALS medic units operating across three shifts, the current ALS-to-unit ratio is structurally insufficient to support
the intended rotation system that was designed to allow paramedics to cycle between ambulance assignments
and engine company work. In practice, the "bubble" system has not operated as designed: many ALS-certified
providers remain continuously assigned to medic units, limiting their access to fire apparatus training, their
ability to meet promotional eligibility requirements, and their overall quality of work life. The $2.20-per-hour
ALS stipend was raised consistently in focus groups as inadequate compensation for the additional certification
burden and sustained workload.
The cultural dimension of this issue is equally important. A Department that handles 15,000-plus EMS calls per
year needs its organizational identity, its training standards, and its promotional pathways to reflect that
reality."
***Since the completion of the Climate, Culture, and Hiring Process Assessment in May 2026, the City has
identified the following updates and corrections to information contained in the report:***
- The current number of ALS-certified firefighters is 25. This is an update.
- The hourly stipend rate for ALS providers is $2.06 per hour, rather than the $2.20 per hour referenced in the
report. This is a correction.
The goal of this comprehensive EMS staffing assessment is to integrate some or all of the EMS assessment's
findings, considerations, and/or recommendations into the Department's strategic planning, budget
development, and workforce development efforts moving forward.
IV. SCOPE OF WORK
Proposals need to address the following elements and describe the vendor's proposed methodology and
approach in as much detail as possible:
1. Gather and analyze all available data (initial project engagement) to establish a strong understanding of
current EMS staffing levels, workload, and service demand and perform an analysis of the current
environment. Please outline in your proposal the data necessary to accomplish this analysis, including EMS
workload, current staffing levels, shift schedules, unit utilization and deployment, response data, and other
relevant operational factors. This analysis should also consider projected EMS service demand and future
staffing needs.
2. Specifically outline how the data referenced above, and any additional data seen necessary by the vendor,
will be gathered. Outline how your firm intends to conduct in-person information gathering sessions and
direct stakeholder engagement to gather information necessary for analysis. The proposal should identify
the anticipated types of stakeholder groups to be engaged and how stakeholder input will inform the
assessment.
3. Provide information on how your firm will compare and contrast the current EMS staffing model to models
used by other comparable fire departments. Identify how comparable departments will be selected and the
factors that will be considered in making meaningful comparisons.
4. Outline alternative staffing structures that could be analyzed and implemented based on industry practices
with associated City staffing costs for potential changes to overall staffing levels. The City recognizes that
recommended alternatives may result in increases to overall staffing levels, including the number of sworn
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Proposals must clearly outline the Offeror's ability to provide a comprehensive EMS staffing assessment for the
Fire Department. 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 15 double-sided pages or 30 single-sided pages, excluding the Title Page, cover letter if submitted, staff
resumes, and any issued addenda. The proposal should be submitted as a single file through the City's bids
webpage as noted on page 2. Proposals with extraneous information will receive a lower ranking and incomplete
proposals may be determined non-responsive.
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 of the office
which will have the responsibility for the services provided.
Offers should acknowledge receipt of addenda on the title page. Failure to do so may result in the proposal being
deemed non-responsive.
Section 1 - Project Understanding & Methodology
Section 2 - Scope of Work Approach
Detail the proposed approach to the Scope of Work noted above and how development of a comprehensive EMS
staffing assessment of the Lynchburg Fire Department would be accomplished. Explain how the services will be
delivered, the steps anticipated in delivering the services, and indicate a timeline to implement the requested
services. This should be in detail as much as possible.
Section 3 - Offeror Experience & Personnel 5 | P a g e

paramedics, and associated personnel cost. The City is aware of this possible outcome. Include a
comparative cost analysis for each alternative structure recommended.
5. Determine if modifications to the current EMS schedules and staffing structure are in alignment with
industry best practices and provide recommendations for adjustment as appropriate. This shall include
determining an appropriate relief factor to account for leave, training, vacancies, and other staffing impacts
and identifying any resulting staffing implications.
6. Due to the demand for additional ALS providers, outline your firm's recommendations for how the City
can best recruit, develop, deploy, and retain ALS service providers. Recommendations should consider
factors affecting ALS staffing, workload, and retention.
7. Provide a detailed project timeline using October 31, 2026 as the date to begin providing services. As noted
above, the City's goal is to have the final plan and deliverables no later than April 1, 2027. Please outline
your firm's ability to achieve this target, including major project milestones.
8. Outline how your firm intends to craft a roadmap for implementation of proposed recommendations and the
method for which that will be communicated to affected staff. The roadmap should identify priorities and
short, mid, and long-term implementation considerations, including associated costs where applicable.
Selected City staff shall be given a preliminary report subject to staff input and feedback. Fire Department
and City leadership staff shall be presented with a final version of the report in conjunction with an in-
person presentation to City Council outlining your firm's findings and recommendations.
V. PROPOSAL PREPARATION
Proposals must clearly outline the Offeror's ability to provide a comprehensive EMS staffing assessment for the
Fire Department. 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 15 double-sided pages or 30 single-sided pages, excluding the Title Page, cover letter if submitted, staff
resumes, and any issued addenda. The proposal should be submitted as a single file through the City's bids
webpage as noted on page 2. Proposals with extraneous information will receive a lower ranking and incomplete
proposals may be determined non-responsive.
Offerors should organize their proposals using the format described below:
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 of the office
which will have the responsibility for the services provided.
Offers should acknowledge receipt of addenda on the title page. Failure to do so may result in the proposal being
deemed non-responsive.
Section 1 - Project Understanding & Methodology
Briefly describe the understanding of the requested services and the methods to provide the required services.
Section 2 - Scope of Work Approach
Detail the proposed approach to the Scope of Work noted above and how development of a comprehensive EMS
staffing assessment of the Lynchburg Fire Department would be accomplished. Explain how the services will be
delivered, the steps anticipated in delivering the services, and indicate a timeline to implement the requested
services. This should be in detail as much as possible.
Section 3 - Offeror Experience & Personnel
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Describe the Offeror's background and specific experience in providing consultant services for the EMS
assessment, to include recommendations for an improved EMS staffing framework. Include a brief statement of
the Offeror's professional competence, technical capabilities, and qualifications. Experience is preferred from
Offerors who have provided fire and EMS consulting services to government entities of a similar size and scope.
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, emphasize their role on the proposed delivery of services, and include a resume
detailing related experience in working with similar contracts and local governments/private organizations.
Include their educational background and experience as directly related to their assigned duties under the proposed
contract. RESUMES WILL NOT COUNT TOWARD THE PROPOSAL PAGE COUNT.
***If any staff member of your firm who may provide services under this contract has any past, previous, or
current association or affiliation with any staff member of the LFD, please disclose such in this portion of the
proposal. Past, previous, or current association or affiliation is in NO WAY a disqualifier to submit a proposal.
The City wants to be aware of any relationships that may or have existed between contracted staff and LFD
personnel.***
Resumes of individuals who will not be directly involved with the proposed project should not be included.
Resumes for staff of sub-consultants should be included in the same format as those for the prime consultant.
Also provide a brief summary of the reasons that the Offerors believe themselves to be the most qualified for this
requested delivery of services.
Section 4 - References
Provide a list of at least THREE Fire/EMS organizations for whom the Offeror has had success in providing
comprehensive EMS staffing assessments. If the Offeror has conducted evaluation and assessment services for an
IFSAC accredited agency, please provide at least one of these agencies in your three that are given. Include client
name, dates when the service was provided, a brief description of the size and scope of the services performed,
individual contact name, address, telephone number, and e-mail address.
Section 5 - Pricing
Please provide pricing for each component or phase of the proposed strategy and delivery of services. Depending
on how proposals are structured, the LFD may choose to use some of the proposed components given by the
awarded vendor and eliminate others. (buffet style selection.)
Description Maximum Point Scale
1. Demonstrated understanding of the services to be delivered. 20
2. Proposed approach to achieve the Scope of Work and ability to meet the timeline noted in Section II PURPOSE of this RFP. 30
2. Proposed approach to achieve the Scope of Work and ability to meet the
timeline noted in Section II PURPOSE of this RFP.

Describe the Offeror's background and specific experience in providing consultant services for the EMS
assessment, to include recommendations for an improved EMS staffing framework. Include a brief statement of
the Offeror's professional competence, technical capabilities, and qualifications. Experience is preferred from
Offerors who have provided fire and EMS consulting services to government entities of a similar size and scope.
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, emphasize their role on the proposed delivery of services, and include a resume
detailing related experience in working with similar contracts and local governments/private organizations.
Include their educational background and experience as directly related to their assigned duties under the proposed
contract. RESUMES WILL NOT COUNT TOWARD THE PROPOSAL PAGE COUNT.
***If any staff member of your firm who may provide services under this contract has any past, previous, or
current association or affiliation with any staff member of the LFD, please disclose such in this portion of the
proposal. Past, previous, or current association or affiliation is in NO WAY a disqualifier to submit a proposal.
The City wants to be aware of any relationships that may or have existed between contracted staff and LFD
personnel.***
Resumes of individuals who will not be directly involved with the proposed project should not be included.
Resumes for staff of sub-consultants should be included in the same format as those for the prime consultant.
Also provide a brief summary of the reasons that the Offerors believe themselves to be the most qualified for this
requested delivery of services.
Section 4 - References
Provide a list of at least THREE Fire/EMS organizations for whom the Offeror has had success in providing
comprehensive EMS staffing assessments. If the Offeror has conducted evaluation and assessment services for an
IFSAC accredited agency, please provide at least one of these agencies in your three that are given. Include client
name, dates when the service was provided, a brief description of the size and scope of the services performed,
individual contact name, address, telephone number, and e-mail address.
Section 5 - Pricing
Please provide pricing for each component or phase of the proposed strategy and delivery of services. Depending
on how proposals are structured, the LFD may choose to use some of the proposed components given by the
awarded vendor and eliminate others. (buffet style selection.)
VI. PROPOSAL EVALUATION CRITERIA & METHOD OF AWARD
All proposals that adequately address the information requested in this RFP will be evaluated on the content of
the proposals and the criteria listed below. The City reserves the right to reject all proposals submitted if it is in
the City's best interest.
The written proposals will be evaluated utilizing the following evaluation criteria:
Description Maximum Point Scale
1. Demonstrated understanding of the services to be delivered. 20
2. Proposed approach to achieve the Scope of Work and ability to meet the 30
timeline noted in Section II PURPOSE of this RFP.
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3. Demonstrated competency of vendor's experience and qualifications of the assigned staff in providing services; including previous experience with Fire/EMS entities of a similar size and scope. 20
4. Demonstrated ability of the vendor to provide a strategic plan and associated deliverables for the comprehensive EMS staffing assessment complete with recommendations for improvement of the EMS staffing framework and adherence to presenting the preliminary and final report to City Staff as noted in Section IV SCOPE OF WORK of this RFP. 25
5. Overall conciseness and clarity of the Offeror's Proposal. 5
Totals 100
3. Demonstrated competency of vendor's experience and qualifications of
the assigned staff in providing services; including previous experience with
Fire/EMS entities of a similar size and scope.

3. Demonstrated competency of vendor's experience and qualifications of
the assigned staff in providing services; including previous experience with 20
Fire/EMS entities of a similar size and scope.
4. Demonstrated ability of the vendor to provide a strategic plan and
associated deliverables for the comprehensive EMS staffing assessment
complete with recommendations for improvement of the EMS staffing 25
framework and adherence to presenting the preliminary and final report to
City Staff as noted in Section IV SCOPE OF WORK of this RFP.
5. Overall conciseness and clarity of the Offeror's Proposal. 5
Totals 100
Method of Award
Following evaluation of the written proposals as submitted, presentations/demonstrations shall be held prior to
selection. The opportunity to present/demonstrate the proposed services 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 Proposals, and respondents ranked 1, 2, 3 or more. The City reserves the right to
hold presentations/demonstrations in-person or in a virtual format. Upon completion of this RFP process, the
selection committee shall select the number one 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 will begin 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.
VII. TERM OF CONTRACT
The term of the initial contract shall be the timeframe it takes to complete the agreed upon services. The City
reserves the right to enter into an annual contract with the awarded vendor for services similar to those outlined
in this RFP to include but not be limited to: comprehensive staffing assessments for other City Departments,
recruitment and retention strategies for City staff, hiring/recruitment searches for City staff, training, or other
services not specifically outlined in this RFP they can be provided by the awarded firm. Should the City elect to
execute an annual contract, the initial term shall be for one (1) year, with the option to renew for up to four (4)
additional years in one (1) year term increments.
Should the City elect to enter into an annual contract as noted above, the City will solicit a proposal and related
pricing from the contracted vendor for the services requested. There is no guarantee that the City will make such
a request or guarantee any amount of spend during the initial term or any renewal term of the resulting contract.
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
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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.
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
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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.
In accordance with Virginia Code Section 2.2-4354 the Consultant agrees that:
1. Should any contractor be employed by the Consultant for the provision of any goods or services
under this Contract, the Consultant agrees to the following:
(a) The Consultant shall, within seven days after receipt of any payments from the City pursuant
to this Contract, either:
(1) Pay the subcontractor for the proportionate share of the total payment received from the
City attributable to the goods or services provided by the subcontractor; or
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(2) Notify the City, as applicable, and the subcontractor, in writing, of the intention to
withhold all or a part of the subcontractor's payment with the reason for nonpayment.
Written notice to the City shall be given to: City of Lynchburg Procurement Manager,
900 Church Street, Lynchburg, VA 24504.
(b) The Consultant shall pay interest to the subcontractors, at the rate of one percent per month on
all amounts owed to the subcontractor that remain unpaid after seven days following
receipt of payment from the City for goods or services provided under this Contract, except
for amounts withheld under subparagraph (a)(2) above.
(c) The Consultant shall include in each of its subcontracts a provision requiring each
subcontractor to include or otherwise be subject to the same payment and interest requirements
with respect to each lower-tier subcontractors firm.
(d) The Consultant's obligation to pay an interest charge to a subcontractor shall not be an
obligation of the City.
(e) No contract modification shall be allowed for the purpose of providing reimbursement for these
interest charges. No cost reimbursement claim shall include any amount for reimbursement of
these interest charges.
K. Contractual Claims
Any claims by a contractor or anyone claiming on the contractor's behalf against the City arising under or
relating to a contract shall only be resolved as specified in the City's Procurement Ordinance, Sec. 18.1-7,
ensuring timely notice of the claim.
The contractor shall give the City written notice of any claim within ten (10) days of the beginning of the
occurrence of the event leading to the claim being made. The written notice shall be a document from the
contractor addressed to the City official or employee designated by the contract to receive such notice, or if no
one is so designated, to the City Manager. The written notice shall clearly state the contractor's intention to
make a claim, shall describe the occurrence involved, and shall be transmitted in a manner to ensure receipt
by the City. The contractor shall submit the claim and any supporting data to the City within thirty (30) days
after the occurrence giving rise to the claim ends. The burden shall be on the contractor to substantiate that it
has given written notice and submitted its claim in accordance with this provision.
L. Taxes
The Consultant shall pay all City, State and Federal taxes required by law enacted at the time proposals are
received and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall not be
in addition to the contract price as the taxes shall be an obligation of the Consultant and not of the City and the
City shall be held harmless for same by the Consultant.
M. Indemnification
To the fullest extent permitted by law, the Consultant, for itself, heirs, representatives, successors and assigns
agrees to save, defend, keep harmless and indemnify the City and all of its officials, agents and employees
(collectively, the "City") from and against any and all claims, loss, damage, injury, costs (including court
costs and attorney's fees), charges, liability or exposure, however caused, resulting from, arising out of or
in any way connected with the Consultant's performance (or nonperformance) of the contract terms or its
obligations under this contract.
N. Contract Assignment
The resultant contract may not be assigned, in whole or part, without the written consent of the City. The
rights and obligations of the Consultant are personal and may be performed only by the Consultant. Any
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