RFP 2027-002 Drug and Alcohol Testing Services-V2.pdf

City of Salem, Virginia • RFP #2027-002 • Drug & Alcohol Testing Services

RFP #2027-002

Drug & Alcohol Testing Services

City of Salem, Virginia

Purchasing Department 114 North Broad Street Salem, Virginia 24153

Phone: (540) 375-3063

RFP Number: RFP #2027-002

Title: Drug & Alcohol Testing Services

Issue Date: Wednesday, August 5, 2026

Questions Deadline: Wednesday, August 19, 2026, 3:00 P.M. (Local Time)

Proposals Due: Friday, September 4, 2026, 3:00 P.M. (Local Time)

Procurement Contact: Benjamin Denton, Purchasing Manager 114 North Broad Street, Salem, Virginia 24153 Phone: (540) 375-3063

Email: bkdenton@salemva.gov

This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1, or against a bidder or Offeror because of race, religion, color, sex, national origin, age, disability, sexual orientation, gender identity, political affiliation, or veteran status, or any other basis prohibited by state law.

The City of Salem is soliciting sealed proposals from qualified Offerors to provide a comprehensive Drug & Alcohol Testing Program for the City, in full compliance with all applicable federal and state regulations, in accordance with the requirements set forth in this Request for Proposal (RFP).

The City of Salem, Virginia, and its officers, employees, and agents shall not be responsible for the premature opening of any proposal envelope or package that is not properly sealed and clearly marked in accordance with the requirements set forth herein.

The City of Salem reserves the right to cancel this solicitation, reject any or all proposals, waive minor informalities or irregularities, award in whole or in part, and make award to the Offeror whose proposal is determined, in the sole discretion of the City, to be in the best interest of the City.

During an active solicitation, all communications (email, phone, text, letter) must be conducted through the Purchasing Department. Vendors who violate this protocol may be disqualified at the discretion of the Purchasing Manager.

As this is a Request for Proposal, an evaluation committee will be established to review and evaluate all responses. No information regarding the identity of either the Offerors or the contents will be released until after the negotiation process. Once an award has been made, all proposals will become public information. If your proposal contains proprietary information, please make note of such on the form attached (Attachment A

- Proprietary Information Form)

The “Offeror Data/Signature Sheet” found below must be completed by the Offeror and returned with the proposal. By signing, the Offeror agrees that all pricing and terms shall remain firm for ninety (90) days following the proposal opening date.

Any notice of proposal withdrawal must be submitted in writing to the Purchasing Department prior to the proposal opening.

OFFEROR DATA/SIGNATURE SHEET

Legal Name and Address:

Signature (ink): Date:

Printed Name: Title:

Phone: Fax:

Email: Business License #:

Federal Tax ID #: VA SCC ID #:

TABLE OF CONTENTS

OFFEROR DATA/SIGNATURE SHEET

TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND

III. SCOPE OF WORK

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

V. EVALUATION AND AWARD OF CONTRACT

VI. CONTRACT PERIOD

VII. CONTRACT ADMINISTRATOR

VIII. COOPERATIVE AGREEMENT

IX. REFERENCES

X. INVOICING

XI. PROTESTS

XII. RELEASE OF INFORMATION AND AWARD ANNOUNCEMENT

XIII. REJECTION AND AWARD OF PROPOSAL

XIV. INSURANCE

XV. GENERAL TERMS AND CONDITIONS

XVI. SPECIAL TERMS AND CONDITIONS

Attachment A – Proprietary Information Form

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

I. PURPOSE

The City of Salem, Virginia, is soliciting sealed proposals from qualified firms to provide a comprehensive Drug & Alcohol Testing Program for the City. The program shall encompass two primary testing populations: (1) DOT/FMCSA-regulated testing for employees holding a Commercial Driver’s License (CDL), in full compliance with 49 CFR Parts 40 and 382, including applicable FMCSA Drug and Alcohol Clearinghouse requirements; and (2) non-DOT testing for City employees subject to pre-employment screening or classified as safety-sensitive. Public safety employees (law enforcement, fire, and emergency medical services) are included in applicable non-DOT random, reasonable suspicion, post-accident, return-to-duty, and follow-up testing. Public safety agencies will continue to conduct their own pre-employment testing. All services shall be administered in accordance with City policy and applicable federal and Virginia law.

The City intends to enter into an initial one (1) year contract with a qualified firm, with the option to renew the contract for four (4) additional one (1) year periods upon mutual written agreement of the parties, for a maximum potential contract term of five (5) years.

II. BACKGROUND

The City of Salem is an independent city encompassing approximately fourteen (14) square miles, nestled in the heart of Virginia’s Blue Ridge Mountains within the Roanoke Region. Conveniently located along Interstate 81, Salem is home to approximately 25,346 residents and is part of the larger Roanoke Metropolitan Area, which has a regional population of approximately 313,786.

The City of Salem employs more than one thousand (1,000) full and part-time employees across a broad range of departments, including Public Works, Utilities, Police, Fire, and Emergency Medical Services. Approximately four hundred (400) employees are subject to pre-employment drug screening and/or federally mandated DOT drug and alcohol testing. The City’s workforce includes CDL holders subject to FMCSA Clearinghouse requirements, general employees subject to non-DOT pre-employment and policy-based testing, and safety-sensitive employees, including public safety employees, subject to policy-based testing in accordance with City policy. The successful Offeror must demonstrate the capability to administer all testing populations under a single, coordinated program.

III. SCOPE OF WORK

The selected Offeror shall provide a comprehensive Drug & Alcohol Testing Program for the City of Salem covering two primary employee populations: DOT/FMCSA-regulated employees holding a CDL and subject to 49 CFR Parts 40 and 382, including applicable FMCSA Clearinghouse requirements;

and non-DOT employees subject to pre-employment and City policy-based testing, including employees classified as safety-sensitive. Public safety employees (law enforcement, fire, and EMS) are included in applicable non-DOT random, reasonable suspicion, post-accident, return-to-duty, and follow-up testing; however, public safety agencies will continue to conduct their own pre-employment testing. Testing volumes will vary based on hiring activity, random-selection requirements, incidents, and City policy. The City does not guarantee a minimum number of tests, training sessions, or other services during any contract period. At a minimum, the program shall include the following:

A. DOT/FMCSA Compliance Testing (CDL Employees)

• Random controlled-substances and alcohol testing shall be administered at not less than the minimum annual percentage rates established by FMCSA for the applicable calendar year, currently fifty percent (50%) for controlled substances and ten percent (10%) for alcohol, based on the average number of DOT-covered driver positions. Random selections and testing shall be unannounced, conducted using a scientifically valid selection method, and reasonably spread throughout the calendar year. The Contractor shall conduct random selection cycles at least quarterly and shall ensure that each selected employee is tested during the applicable selection period.

• For post-accident and reasonable-suspicion testing, the Contractor shall provide twenty-four-hour, seven-day-a-week contact availability and shall ensure that a qualified Breath Alcohol Technician (BAT) and, when applicable, a qualified drug-testing collector arrive at a mutually agreed upon testing location and begin the collection process within two (2) hours after notification by the City. The Contractor shall support the City in meeting applicable DOT post-accident testing timeframes and documentation requirements. All DOT drug testing shall use split-specimen collection procedures as required by 49 CFR Part 40.

• The Offeror shall describe how it will provide timely testing services within the City of Salem, whether through a fixed collection site, a City-designated location, mobile/on-site services, or a combination of these approaches. The proposal shall identify primary collection-site locations, operating hours, after-hours/weekend/holiday availability, typical response times, and backup arrangements. Portable or mobile testing capability is preferred but is not mandatory, provided the Offeror can demonstrate timely and reliable service within the City.

• DOT pre-employment testing required for all CDL positions prior to first performance of functions, including new hires and employees transferring into CDL-required roles.

• The Contractor may maintain DOT testing records on the City’s behalf as permitted by applicable law; however, all City-related records shall remain the property of the City and shall be made available and transferred in accordance with the record requirements below.

B. Non-DOT and Pre-Employment Testing (General City Employees, Including Safety- Sensitive Positions)

• Pre-employment drug screening shall be provided for all applicable City positions as defined by

City policy, including non-safety-sensitive positions not subject to DOT regulations. Non-DOT tests shall be administered using appropriate non-federal custody-and-control forms and documented chain-of-custody procedures, completely separate from DOT testing forms, records, specimens, and processes. Public safety agencies (law enforcement and Fire/EMS) conduct their own pre-employment testing and do not require this service from the Contractor;

however, public safety employees are included in all other applicable non-DOT testing services under this program.

• Non-DOT random drug and alcohol testing shall be conducted at the frequency and annual percentage established by the City in accordance with City policy. For proposal-pricing purposes, Offerors shall assume that up to ten percent (10%) of the applicable non-DOT employee pool may be tested annually. The City reserves the right to adjust the testing frequency or annual percentage, including above or below this assumption, by written notice. All testing shall be billed at the applicable contract unit prices. The Contractor shall maintain a separate random-selection pool for non-DOT employees that is distinct from the DOT-covered pool.

• Non-DOT reasonable suspicion, post-accident, return-to-duty, and follow-up testing capabilities, administered under the City’s drug-free workplace policy and applicable Virginia law.

• An expanded drug panel may be required for certain non-DOT positions at the City’s discretion.

Offerors shall provide pricing for both a standard 5-panel screen and an expanded 10-panel (or greater) screen and shall identify the substances included in each proposed panel.

C. Required Program Components (All Populations)

• Company history and compliance documentation, including references, certifications, accreditations, and evidence of required professional liability insurance coverage.

• Policy guidance and development assistance, including separate frameworks and procedures for DOT and non-DOT/safety-sensitive employee populations.

• Description of proposed collection-site arrangements, alternative collection methods, site-establishment requirements, staff training, supplies, and all associated fees.

• Separate random-selection pool administration for each testing population, including the DOT-covered pool and the non-DOT/general employee pool.

• Use of a laboratory certified by the U.S. Department of Health and Human Services under the National Laboratory Certification Program for all DOT drug testing. The Offeror shall also identify the laboratory and applicable certifications or accreditations proposed for non-DOT testing.

• Medical Review Officer (MRO) Services for all testing populations.

• Required record and report retention for each testing population. The Contractor shall provide the City and authorized regulatory agencies timely access to all required records. Upon request, contract expiration, or termination, the Contractor shall promptly transfer all City-related records to the City or its designated successor service agent in a secure and reasonably usable format, without a release fee other than reasonable administrative costs permitted by law.

• Substance Abuse Professional (SAP) evaluation services are not included in this contract. The City will arrange SAP services when needed. The Contractor shall coordinate return-to-duty and follow-up testing based on instructions provided by the City and the employee’s SAP.

• Individual test descriptions, including the steps, forms, collection procedures, reporting process, and administration requirements for each test type and testing population.

• Complete description of all costs, with unit pricing itemized separately for DOT and non-DOT services, including any additional after-hours, emergency-response, mobile-collection, incident, cancellation, no-show, or administrative charges.

• Summary of how the program will operate across all testing populations, including designation of a primary contact and backup contact to coordinate the program with the City.

• Service standards, including routine negative-result turnaround times; MRO review and reporting timelines for non-negative results; prompt notification of verified positive results, refusals, or cancelled tests; random-selection and completion tracking; periodic compliance reports; and escalation procedures when required testing is not completed.

• Data-security safeguards appropriate to the sensitivity of drug and alcohol testing records, including access controls, secure transmission and storage, prompt notification of any unauthorized access or data breach, secure record transfer, and secure destruction when authorized by the City and permitted by law.

D. Preferred/Value-Added Services

• The City is open to any suggestions that will enhance the program and provide cost-effective, quality service.

• Preference for a portable, mobile testing facility with the capability to travel on-site within the

City of Salem to conduct random and reasonable suspicion testing and training.

• Optional capability to conduct FMCSA Clearinghouse pre-employment full queries and annual limited or full queries for DOT-covered employees.

• Optional capability to manage Clearinghouse consents, authorizations, status monitoring, and reporting on behalf of the City. Offerors shall describe the services offered and separately identify all associated fees. The City may elect to retain any or all Clearinghouse responsibilities.

IV. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

A. General Requirements

• Proposals must be received by hand delivery, mail, or electronic submission through eVA at www.eva.virginia.gov no later than 3:00 p.m. (local time) on Friday, September 4, 2026.

Electronic submission through eVA is preferred.

• Offerors submitting paper proposals shall provide one (1) original and two (2) copies in a sealed envelope clearly marked: “Attn: Purchasing Dept. – RFP #2027-002 – Drug & Alcohol Testing Services.”

Paper proposals must be mailed or hand-delivered to: City of Salem Purchasing Department, 114 North Broad Street, Salem, VA 24153.

• Offerors submitting electronically must be registered vendors in eVA (Business Opportunities > Virginia Business Opportunities). Registration is free. For eVA assistance contact 1-866-289- 7367 or eVACustomerCare@dgs.virginia.gov.

• The City is not responsible for delays caused by the eVA platform, vendor registration issues, or internet outages. Timely submission is the Offeror’s sole responsibility.

• Proposals submitted via facsimile or email will not be accepted.

• If submitting a paper response, Proposals must be signed in ink by an authorized officer. Any erasures or corrections must be initialed in ink.

• Late proposals will not be considered and will be marked “Late” and retained unopened.

• Failure to comply with any requirement of this RFP may result in rejection of the proposal.

• All written inquiries must be submitted in writing prior to 3:00 p.m. on Wednesday, August 19, 2026 to: Benjamin Denton, Purchasing Manager, bkdenton@salemva.gov. Oral instructions carry no weight; only written addenda are binding.

• Offerors organized as corporations, LLCs, business trusts, limited partnerships, or registered LLPs must be authorized to transact business in Virginia as required by Title 13.1 or Title 50 of the Code of Virginia. Please contact the SCC to determine whether your firm should register.

• The City is not responsible for any costs incurred in the development or delivery of the proposal.

• Oral Presentations: At the City’s discretion, Offerors may be required to participate in an oral presentation or interview to clarify aspects of their proposal. Such sessions shall not constitute negotiations unless the City specifically identifies them as negotiation sessions.

B. Specific Proposal Requirements The following information must be furnished by the Offeror:

• Cover Letter and Company Overview: Full legal name, brief company description, and contact information for the primary point of contact.

• Project Team: Key personnel assigned to this project, their roles, and/or résumés.

• Qualifications and Experience: Firm background with emphasis on DOT/FMCSA-compliant drug and alcohol testing programs, non-DOT pre-employment and policy-based testing, and experience administering post-accident and reasonable-suspicion testing for safety-sensitive employee populations. Include relevant certifications and accreditations and at least three (3) similar completed projects or current contracts, preferably with public-sector or municipal clients.

• References: All Offerors shall include at least three (3) references who can attest to the Offeror’s qualifications on similar projects and shall include those references in the Proposal.

• Proposed Methodology: Detailed approach and methodology for all elements of the Scope of Work.

https://www.eva.virginia.gov/ mailto:eVACustomerCare@dgs.virginia.gov mailto:bkdenton@salemva.gov

• Project Schedule: Proposed program implementation timeline from notice of award through full program commencement. The City anticipates the program to be operational no later than thirty

(30) days following contract execution.

• Fee Proposal: Provide a clear, itemized schedule of unit prices. At a minimum, separately identify: (1) DOT controlled-substances tests by test type, including collection, laboratory, and MRO charges; (2) DOT alcohol screening and confirmation tests; (3) non-DOT 5-panel and expanded-panel tests, identifying the substances included in each panel; (4) non-DOT random, reasonable-suspicion, post-accident, return-to-duty, and follow-up tests; (5) after-hours, emergency, mobile, and on-site collection charges; (6) BAT response fees; (7) random-pool administration; (8) training; (9) optional Clearinghouse services and query fees; (10) observed collections, insufficient specimens, cancellations, and no-shows; and (11) any other anticipated fees. The City does not guarantee a minimum volume, and all services will be ordered and paid at the applicable contract unit prices.

The Offeror’s proposal shall remain valid for not less than ninety (90) days from the submission deadline.

(REMAINDER OF PAGE INTENTIONALLY BLANK)

(CONTINUED)

V. EVALUATION AND AWARD OF CONTRACT

Award: An evaluation committee will review and evaluate all responses. No information regarding the identity of Offerors or the contents of proposals will be released until after the negotiation process. Selection shall be based on the criteria below. Following evaluation of the initial proposals, the City may conduct interviews or presentations to clarify proposals. In accordance with §2.2-

4302.2 of the Code of Virginia, the City will select two (2) or more Offerors deemed fully qualified and best suited and will conduct negotiations with each Offeror selected. If the City determines in writing that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, the City may negotiate with and award a contract to that Offeror.

Evaluation Criteria: Proposals will be evaluated by the City based upon the following, weighted criteria:

Evaluation Criteria Weight

Qualifications and Relevant Experience – Demonstrated experience administering DOT/FMCSA-compliant programs, non-DOT pre-employment and policy-based testing, and post-accident/reasonable-suspicion testing for safety-sensitive employee populations in public-sector or government entities.

30%

Project Team Qualifications – Qualifications, experience, and availability of assigned personnel.

10%

Technical Approach and Methodology – Quality and thoroughness of the proposed program approach, including testing procedures, compliance tracking, recordkeeping, and training capabilities.

30%

Project Schedule – Reasonableness of the proposed implementation timeline and ability to achieve full program operational status within thirty

(30) days of award.

10%

Price Proposal – Competitiveness and clarity of the proposed fee structure, including per-test costs and any additional service charges.

10%

References and Past Performance – Quality of performance on similar projects as demonstrated through client references.

10%

Proposals will be scored using the following scale:

5 – Excellent | 4 – Good | 3 – Satisfactory | 2 – Marginal | 1 – Poor | 0 – Non-Responsive

VI. CONTRACT PERIOD

The initial contract term shall be one (1) year commencing on the date of contract execution. The City may renew the contract for four (4) additional one (1) year periods upon mutual written agreement of the parties, for a maximum potential contract term of five (5) years. Any request for a rate adjustment during a renewal period must be submitted in writing, with supporting documentation, at least sixty (60) days before the beginning of the applicable renewal period and shall be subject to the City’s review and prior written approval. Any approved adjustment shall apply only to the applicable renewal period and shall not be retroactive. The City may terminate the contract, in whole or in part, without cause upon thirty (30) days’ written notice to the Contractor.

VII. CONTRACT ADMINISTRATOR

Any resulting contract will be issued by the City of Salem Purchasing Office. The Purchasing Manager is authorized to act on behalf of the City to administer this contract. The City will identify its Designated Employer Representative (DER) and day-to-day program contact at contract execution.

VIII. COOPERATIVE AGREEMENT

This procurement is conducted on behalf of the City of Salem and other public bodies in accordance with §2.2-4304 of the Virginia Public Procurement Act. If approved by the Offeror, the resulting contract may be used by other public bodies at contract prices and terms.

IX. REFERENCES

All Offerors shall include at least three (3) references who can attest to the Offeror’s qualifications on similar projects, and include these in the Proposal. References may be contacted at the City’s discretion. The City reserves the right to contact additional references not furnished by the Offeror.

X. INVOICING

The Contractor shall submit invoices per the payment schedule agreed upon at contract execution.

Each invoice must include:

• Company name and contract/purchase order number

• Invoice date and invoice number

• Description of services rendered and the period covered

• Amount owed

All invoices must be submitted to:

City of Salem Attn: Human Resources

P.O. Box 869 Salem, Virginia 24153.

XI. PROTESTS

Any Offeror wishing to protest an award or other decision pursuant to this RFP may do so only in accordance with §§2.2-4357 through 2.2-4364 of the Code of Virginia. Any protest must be in writing, signed by an authorized representative, and delivered to the City Purchasing Manager within the required timeframe.

XII. RELEASE OF INFORMATION AND AWARD ANNOUNCEMENT

No information regarding the identity of Offerors or the contents of proposals will be released until after the negotiation process. If your proposal contains proprietary information, note it on Attachment A – Proprietary Information Form.

Upon award, the City will notify all Offerors in writing. A notice of award will be posted on the City of Salem Purchasing website at https://www.salemva.gov/Bids.aspx. All materials submitted become https://www.salemva.gov/Bids.aspx the property of the City and are subject to public inspection under the Virginia Freedom of Information Act.

XIII. REJECTION AND AWARD OF PROPOSAL

The City of Salem reserves the right to cancel this RFP, reject any or all proposals, waive any informality or irregularity, and award to the Offeror whose proposal is, in the City’s opinion, in its best interest.

XIV. INSURANCE

By signing and submitting a proposal, the Offeror certifies that if awarded the contract, it will have the following coverage in place at the time work commences, maintain it throughout the contract term, and that all coverage will be provided by insurers authorized in the Commonwealth of Virginia.

The City of Salem must be named as an additional insured. Certificates of Insurance are required prior to commencement and at renewals. A thirty (30) day written notice of cancellation or non-renewal is required:

• Workers’ Compensation: Statutory

• Employer’s Liability: Each Accident: $100,000 | Disease, Policy Limit: $500,000 | Disease, Each Employee: $100,000

• Commercial General Liability: Each Occurrence: $1,000,000 | General Aggregate: $2,000,000

• Professional Liability (E&O): Each Claim: $1,000,000 | Annual Aggregate: $2,000,000

• Excess/Umbrella Liability: Each Occurrence: $1,000,000 | General Aggregate: $2,000,000

• Automobile Liability: Bodily Injury & Property Damage, Each Accident: $1,000,000

XV. GENERAL TERMS AND CONDITIONS

Acceptance: This purchase order constitutes the City’s offer and becomes a binding contract upon the Contractor’s acknowledgement or performance.

Entire Agreement: These terms, together with any special conditions and specifications, constitute the complete agreement and supersede all previous written or oral communications.

Changes, Additions, Deletions: No changes will be permitted without prior written approval from the City of Salem Purchasing Office.

Contractual Disputes: All claims shall be resolved through the City of Salem’s Purchasing Policy and Procedures Manual Section 4007.

Tax Exemption: The City of Salem is exempt from State Sales Tax and Federal Excise Tax (Federal Tax ID: 54-6001593). This exemption does not transfer to the Contractor.

Antitrust: By entering into a contract, the Offeror assigns to the City all rights and causes of action under federal and Virginia antitrust laws relating to the goods or services purchased.

Indemnification: The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, agents, and employees from all claims arising out of performance of this contract.

License Requirements: Firms with a business location in the City of Salem must be licensed under the City’s BPOL Tax Ordinance. Contact the Commissioner of the Revenue at (540) 375- 3019 with questions.

Anti-Discrimination: All Offerors certify conformance with the Federal Civil Rights Act of 1964, the Virginia Fair Employment Act of 1975, and §2.2-4311 of the Code of Virginia, prohibiting discrimination in employment based on race, religion, color, sex, national origin, age, disability, or other protected status.

Drug-Free Workplace: Offerors must comply with §2.2-4312 of the Virginia Public Procurement Act.

Ethics in Public Contracting: By submitting a proposal, Offerors certify their proposals are made without collusion or fraud and that no kickbacks or inducements have been offered or received.

Applicable Law and Courts: This contract shall be governed by the laws of the Commonwealth of Virginia. Litigation shall be brought in the courts of the Commonwealth.

Independent Contractor: The Contractor is an independent contractor in all respects and is not an agent, servant, or employee of the City.

Subcontracting: Subcontracting requires prior written City approval. No subcontract relieves the Contractor of its obligations. Subcontractors must be paid within seven (7) days of the Contractor’s receipt of payment, per §2.2-4347 of the Code of Virginia.

Assignment: Neither party shall assign this contract without the prior written consent of the other party, nor to any party debarred from doing business with the Commonwealth of Virginia.

Debarment Status: By accepting a purchase order, Offerors certify they are not currently barred from submitting proposals by any agency of the Commonwealth of Virginia.

Federal Immigration Law Compliance: The Contractor shall not knowingly employ an unauthorized alien during performance of this contract, as defined in the federal Immigration Reform and Control Act of 1986.

Default: Upon failure to deliver services per contract terms, the City may, after due notice, procure from other sources and hold the Contractor responsible for resulting costs.

Gifts: No Offeror, Contractor, or subcontractor shall confer anything of more than nominal value on any public employee having official responsibility for this procurement, unless consideration of substantially equal value is exchanged.

XVI. SPECIAL TERMS AND CONDITIONS

Cancellation of Contract: The City reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon thirty (30) days’ written notice. Cancellation does not relieve the Contractor of obligations on outstanding orders issued prior to the effective date.

Default; Right to Cure; Setoff: Upon the Contractor’s failure to perform, the City shall provide written notice and may require corrective action within a specified period. If uncured, the City may perform or procure the services and deduct costs from amounts owed to the Contractor. The City reserves all remedies at law or in equity.

Confidentiality: The Contractor shall treat all City data, testing records, employee information, and other materials as confidential and shall not disclose or use such information outside the scope of this contract without the City’s prior written consent, except as required by applicable law or regulation.

Data Security and Breach Notification: The Contractor shall maintain reasonable administrative, technical, and physical safeguards to protect City information, including secure transmission and storage and access limited to authorized personnel. The Contractor shall promptly notify the City of any actual or suspected unauthorized access, disclosure, loss, or breach involving City information and shall cooperate fully with the City’s response and remediation efforts.

Ownership of Work Product: All reports, documents, data, analyses, and work products prepared under this contract shall be the sole property of the City of Salem. The Contractor shall deliver all work products to the City upon completion or termination.

(CONTINUED)

Attachment A – Proprietary Information Form Identify data or materials to be protected and state the reasons below. Indicate the specific sections, figures, or paragraphs that constitute trade secrets or proprietary materials.

The classification of an entire proposal document, line-item prices, and/or total proposal prices as proprietary is not acceptable and will result in rejection of the proposal.

Provide one (1) redacted copy of the proposal with proprietary portions removed or blacked out, clearly marked “Redacted Copy” on the cover. Confidentiality protection per Code of Virginia, §2.2- 4342.

Section / Title or Description Page(s)

Reason for Withholding:

If additional space is needed, attach a separate sheet and include it in your sealed proposal.

END OF RFP #2027-002