Justin Elicker Mayor Malinda M. Figueroa

Shawn J. Garris

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/newhavenct

BUREAU OF PURCHASES

Department of Finance

City of New Haven

200 Orange Street, Rm 301

New Haven, CT 06510

Malinda M. Figueroa

Purchasing Agent

Shawn J. Garris

Deputy Purchasing Agent

Table Of Contents

1. Project Summary

1.1. Summary

1.2. Timeline

1.3. Procurement Contact

2. Instruction to Respondents

2.1. How to Use OpenGov: Educational Resource

2.2. Notice Regarding Disclosure of Contents of Document

2.3. Electronic Submission and Delivery Instructions

2.4. Separation of Proposal and Pricing/ Budget Proposal

2.5. Confidentiality

2.6. Alternate Responses

2.7. Pre-Proposal Meeting

2.8. Definitions

3. City Requirements

3.1. Equal Employment Opportunity

3.2. Non-Collusion Affidavit of Proposer

3.3. Ban The Box Agreement

3.4. Certificate of Non-Arrearage

4. General Requirements

4.1. Sample Contract

4.2. Change Order Management-Amendment

4.3. No Purchase Order -No Payment Policy

4.4. E-Invoice Submission

4.5. Acceptance of Conditions

4.6. City of New Haven Living Wage Ordinance

4.7. Wages and Salaries

4.8. Error and Omissions

4.9. Patent Fees; Patent, Copyright; Trade Secret, Trademark Fees

4.10. Taxes

4.11. Request for Taxpayer Identification number and Certification (IRS Form W-9)

4.12. Limitation on Liability

4.13. Insurance Requirements

4.14. Availability of Funds

4.15. Addenda

4.16. Reservations

4.17. Documents to be construed together

4.18. RFP not Contractual

4.19. Protest

5. Awarding of Contract

5.1. Review and Award

5.2. Contract Duration

5.3. Notice to Proceed

5.4. Payment Policy

5.5. Termination of Contract

5.6. Price Adjustments

5.7. Vendor Performance Evaluation

6. Submittal Instructions

6.1. Early Preparation for submission

6.2. Vendor Registration Instructions & Customer Service information:

6.3. OpenGov Technical Support

6.4. Electronic Submission and Delivery Instructions

6.5. Follow these steps to submit your proposal digitally

6.6. Withdrawal of Proposal

7. Project Details

7.1. Proposal Specifications

7.2. Evaluation Criteria

7.3. Pricing Proposal

7.4. Response Submittals

7.5. Attachments

Attachments:

C - Exhibit_Commodity_Contract

D - 07-23-26_ FORMAL SOLICITATION VENDOR PERFORMANCE REPORT-Exhibit

1. Project Summary

1.1. Summary

Project name:Direct Commodity - Shelf Stable Cheese

Project #:2027-RFP-403

Department:NHPS-Food Service

The City of New Haven and Board of Education Food Service (BOE), which oversees the New Haven Public

Schools Child Nutrition Program, is soliciting this Request for Proposals (RFP) for Commercial and Commodity shelf stable cheese shipped directly from manufacturers for the 2026 summer year and 2026-2027 School

Year. There are approximately 224 service days in the program, and the New Haven Public Schools Child

Nutrition Program serves approximately 20-17,500-19,000 meals per day.

NO VALUE

1.2. Timeline

Release Project Date: October 7, 2026

Pre-Proposal Meeting (Mandatory): October 14, 2026, 10:00am

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/260340 664111833?p=UVD8oWplPvtb1ITrzW Meeting ID: 260 340 664 111 833 Passcode: aw6sB3r2

Question Submission Deadline: October 20, 2026, 5:00pm

Response Submission Deadline: October 27, 2026, 11:00am

1.3. Procurement Contact

Michael Trnik

Procurement Coordinator

54 Meadow Street, 4th Fllor https://teams.microsoft.com/meet/260340664111833?p=UVD8oWplPvtb1ITrzW https://teams.microsoft.com/meet/260340664111833?p=UVD8oWplPvtb1ITrzW

New Haven,CT,06519

2. Instruction to Respondents

2.1. How to Use OpenGov: Educational Resource

Instructions for the using the City's eProcurement System (OpenGov): The following link will help you Get

Started (https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9) and will include vendor guides for using the system. Below are additional screen shots for support.

All Video Guides: OpenGov Procurement Vendor Training

1. New Supplier Account

2. Submit a Bid or Proposal

3. Updating Your Company Designation on a Solicitation

4. Vendor Selection of Category Codes

5. How To Subscribe To Organizations And Find Active RFPs & Bids

6. Login Process

7. How to Edit or Withdraw your Proposal after it's been Submitted

8. How to Submit a Question

9. Viewing Bid Results

Video Trainings

2.2. Notice Regarding Disclosure of Contents of Document

All responses to this Request for Proposal (RFP) accepted by the City of New Haven (City) shall become the exclusive property of the City. At such time originating department recommends all proposals accepted by the

City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each proposal which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of a proposal which a contractor desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e.

regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the Connecticut Public Records

Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

2.3. Electronic Submission and Delivery Instructions

Parties interested in responding are required to submit proposals electronically through the City of New

Haven's eProcurement Portal no later than 11:00 am on Tuesday, October 27, 2026. Please upload sufficiently https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/c7a5affa-e073-4d5a-8d87-b6eadcf343a9 https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed https://opengov.my.site.com/support/s/article/dceacbcf-203c-4b0d-aa57-550043bb0dc0 https://opengov.my.site.com/support/s/article/8e675a48-dad3-4759-9bae-6b4cb7970d21 https://opengov.my.site.com/support/s/article/2f7dbe3d-9f16-4179-8358-d55fdb37b858 https://opengov.my.site.com/support/s/article/fb581c18-5508-40d7-b714-c753af6514a1 https://opengov.my.site.com/support/s/article/f7fe1d1e-d79c-449a-ad8b-1d736d40b9cd https://opengov.my.site.com/support/s/article/a9d24d60-2ba1-4393-93c5-7512795f080e https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe https://opengov.my.site.com/support/s/article/12c62371-147b-45f4-9bcd-cf2ce5f58259 https://opengov.my.site.com/support/s/article/1323740f-ec46-48ee-a820-954bdd03f739 https://opengov.my.site.com/support/s/article/ca6d1285-1e48-4a21-bb0d-715edb7794ed early electronically through the City's eProcurement Portal before the time and day listed in the Notice

Inviting Proposals. Proposals must be received in the system prior to the deadline.

The Price Proposal if requested must include all costs associated with the Proposal as described in the Price

Proposal instructions in Response Submittals

The Proposal should disclose your approach in as much detail as possible, including, but not limited to, the requirements of the proposal instructions. Along with all required forms and submittals (See Attachments )and

Response Submittals. No Pricing shall be included in this part.

Proposals received after the Proposal Deadline may not be accepted by the

City.https://procurement.opengov.com/portal/newhavenct

2.4. Separation of Proposal and Pricing/ Budget Proposal

Submission Instructions: Two-Part Proposal Requirement

To ensure a fair and objective evaluation, your submission must be divided into two distinct parts: Part 1:

Technical Proposal and Part 2: Price Proposal. Each part must be separate and complete so that the technical evaluation can be conducted independently of the cost analysis.

Part 1: Technical Proposal (No Pricing Allowed)

This section should disclose your project approach in detail. It must address all requirements outlined in the technical specifications and include all required forms found in the #Attachments and Response Submittals sections.

• Important: No pricing, fee information, or hourly rates shall be included in this part. Inclusion of costs in the Technical Proposal may result in disqualification.

Part 2: Price Proposal (Financial Submittal)

The Price Proposal must be submitted through the City’s eProcurement Portal as a separate file. It must include the total cost to accomplish all deliverables requested in this RFP.

1. Price Proposal Detail

The proposal must describe both the total lump-sum price and a detailed breakdown of costs, including:

• Professional time/hourly rates for each staff member assigned to the project.

• Specific costs associated with the completion of each proposed task.

• A detailed list of all materials and supplies.

• Incidental Costs: The response must be inclusive of all expenses, including travel and lodging. The City will not separately reimburse any costs not explicitly included in the proposal.

https://procurement.opengov.com/portal/newhavenct/projects/312205/document?section=2971330 https://procurement.opengov.com/portal/newhavenct/projects/312205/document?section=2971367 https://procurement.opengov.com/portal/newhavenct/projects/312205/document?section=2971330 https://procurement.opengov.com/portal/newhavenct https://procurement.opengov.com/governments/5667/templates-admin/176236/attachments https://procurement.opengov.com/governments/5667/templates-admin/176236/document-builder?section=62

2. Lump-Sum Fixed Pricing

The proposed lump-sum price represents the total compensation for all work called for in the Scope of Work.

This price shall include, without limitation:

• All labor, materials, equipment, and designs.

• Insurance and bond premiums.

• Overhead, profit, and subcontractor services.

• All taxes, duties, permits, and royalties.

• Costs for obtaining required Government approvals (unless otherwise specified as the City’s responsibility).

• Compensation for all risks, liabilities, and contingencies assigned to the Proposer.

3. Reimbursable Costs

If applicable, provide a specific schedule depicting expenditures exclusive to and in support of the scope of services. Only items on the approved reimbursable schedule will be considered for payment.

4. Financial Management Standards (For Federally Funded Projects)

In accordance with 2 CFR Part 200, a contract will not be awarded to a consultant who does not maintain an adequate financial management and accounting system capable of tracking federal expenditures.

Key Summary for Respondents

Requirement Technical Proposal

(Part 1)

Price Proposal (Part

2)

Content Project approach, team, and forms

Total cost, breakdown, and rates

Pricing Info Strictly Prohibited Required

Format Separate file upload Separate file upload

Purpose Evaluates capability and quality

Evaluates fairness and reasonableness

2.5. Confidentiality

To ensure transparency while protecting legitimate business interests, the City of New Haven will carefully review all submitted information. If a respondent clearly marks specific information as "Proprietary," the City will redact this information before releasing any documents in response to a Freedom of Information (FOI) request consistent with Connecticut General Statutes, particularly Chapter 14 (Conn. General Statute § 1-200 et seq.) . Marking pricing as proprietary or confidential will not be acknowledged. .

Furthermore, City of New Haven staff will maintain the confidentiality of this marked proprietary material and the internal review process. Discussions regarding this sensitive information will be strictly limited to City of

New Haven personnel directly involved in the oversight of the relevant program or project.

To ensure a consistent and controlled communication flow, all inquiries concerning the review process for this specific project must be directed to the designated City staff member responsible for managing the review.

This point of contact will be Michael Trnik, and can be reached atmichael.trnik@new-haven.k12.ct.us.

Directing all inquiries to this individual will ensure accurate and timely responses.

2.6. Alternate Responses

No alternate responses will be considered unless alternate responses are specifically requested by the City.

2.7. Pre-Proposal Meeting

See the "Timeline" in Project Summary. If there is a Mandatory pre-proposal meeting, bidders/proposers are required to attend at the time, date, and location included in the Timeline. If there is a Non-Mandatory pre-proposal meeting, bidders/proposers are not required to attend.

Each bidder/proposer will have the opportunity to clarify and ask questions regarding the Specifications. The

Pre-Proposal Meeting will be held at the time, date, and location in the Timeline of this solicitation.

2.8. Definitions

The words (A) "City", (B) "Department", (C) "Director", or (D) "Contractor", as used in this RFP, shall be understood to refer respectively to (A) the City of New Haven, Connecticut; (B) the departments therein; (C) the directors of the several City departments; or any of their properly authorized designee ; and ( D) the person, firm or corporation with whom the contract is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

https://procurement.opengov.com/portal/newhavenct/projects/312205/document?section=2971311

3. City Requirements

3.1. Equal Employment Opportunity

During the performance of an agreement or contract, the Awardee agrees as follows:

a. To comply with all provisions of Executive Order 11246 and Executive Order 11375, Connecticut Fair

Employment Practices Act, and the contract compliance ordinance of the City of New Haven, including all standards and regulations which are promulgated by the government authorities who established such acts and requirements, and all standards and regulations are incorporated herein by reference;

b. Not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, physical disability or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex, age, or national origin and physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship;

c. To post, in conspicuous place available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause;

d. To state, in all solicitations or advertisement for employees placed by or on behalf of the contract, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, physical disability or national origin;

e. To send to each labor union representative of workers with whom it has a collective bargaining agreement, or other contract or understanding, a notice advising a labor union or worker's representative of the contractor's commitments under the equal opportunity clause of the City of New Haven, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor shall register all workers in the skilled trades, who are below the journeyman level, with the

Apprentice Training Division of the Connecticut State Labor Department;

f. To utilize labor department and city sponsored manpower programs as a source of recruitment and to notify the contract compliance unit and such programs of all job vacancies;

g. To take affirmative action to negotiate with qualified minority contractors for any work which may be proposed for subletting, or for any additional services, or work which may be required as a result of this contract;

h. To cooperate with city departments in implementing required contract obligations for increasing the utilization of minority business enterprises;

i. To furnish all information and reports required by the Contract Compliance Director pursuant to section

12 1/2 -1, 12 1/2-19 through section 12 1/2-32, 12 1/2-48 through 12 1/2-52 and to permit access to his books, records and accounts by the contracting agency, the Contract Compliance Officer, and the Secretary of

Labor for purposes of investigation to ascertain compliance with the program;

j. If such contractor employs three or more employees to refrain from paying such employees dues and related expense for clubs that restrict membership use of their facilities on the basis of race, color, sex, religion, national origin or ancestry;

k. To take such action, with respect to any subcontractor, as the City may direct as a means of enforcing the provisions of sub-paragraphs (a) through (m) herein, including penalties and sanctions for noncompliance, provided however that, in the event the contractor becomes involved or threatened with litigation as a result of such direction by the City, the City will intervene in such litigation to the extent necessary to protect the interest of the City and to effectuate the City's Equal Employment Opportunity Program, in the case of funded directly or indirectly, in whole, or in part, under one or more Federal Assistance Programs, the contractor or the City may ask the United States to enter into such litigation to protect the interest if the United States;

l. To file, along with his subcontractors, if any, compliance reports with the City in the form and to the extent prescribed in the contract by the Contract Compliance Director of the City of New Haven. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors, if any;

m. To include the provisions of sub-paragraphs (a) through (m) of this Equal Opportunity Clause in every subcontract or purchase order so that said provisions will be binding upon each such subcontractor or vendor;

n. That a finding, as hereinafter provided, of a refusal by the contractor, or subcontractor, to comply with any portion of this program as herein stated and described, may subject the offending party to any or all of the following penalties:

1. Withholding of all future payments under the involved public contract to the contractor in violation until it is determined that the contractor, or subcontractor, is in compliance with the provisions of the contract;

2. Refusal of all future Bids for any public contract with the City of New Haven, or any of its departments or divisions, until such time the contractor or subcontractor, is in compliance with the provisions of the contract;

3. Cancellation of the public contract;

4. Recovery of specified monetary penalties;

5. In case of a substantial or material violation, or the threat of substantial or material violation of the compliance procedure or as may be provided in for by the contract, appropriate equitable or legal proceedings may be brought to enforce these provisions against contractors, subcontractors or other organizations, individuals or groups who directly or indirectly are not in compliance with the policy herein outlined.

3.2. Non-Collusion Affidavit of Proposer

1. I am the owner, partner, agent, officer, member or representative, of the bidder/proposer of the submitted solicitation and;

2. I am fully informed respecting the preparation and contents of the attached solicitation and of all pertinent circumstances respecting such Proposal;

3. Such Proposal is genuine and is not collusive or a sham Proposal;

4. Neither the said Proposer nor any of its officers, partners, owners, agents, members, representative, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted or to refrain from

Proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit or cost element of the

Proposal prices or the Proposal price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of New Haven or any person interested in the proposed Contract;

5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, members employees, or parties in interest, including this affiant; and

6. That no Alder or other officer or employee or person whose salary is payable in whole or in part from the

City Treasury is directly or indirectly interested in the Proposal, or in the supplies, materials, equipment, work, or labor to which it relates, or in any of the profits thereof.

3.3. Ban The Box Agreement

The City of New Haven is subject to Ordinance #1585 (2/17/2009) which prohibits unfair discrimination in City hiring policies against persons previously convicted and provides a mechanism to ensure that persons and businesses supplying goods and/or services to the City of New Haven have adopted and employ fair hiring policies and practices that are consistent with the City’s goal of removing obstacles to the employment of persons with prior convictions.

Accordingly, during the performance of this contract, the Contractor agrees as follows:

(A) Vendors doing business with the City of New Haven shall adopt and employ conviction history policies, practices, and standards that are consistent with City standards further detailed in the attached ordinance.

The Vendors' criminal history standards will be part of the criteria to be evaluated by the City as to whether to award a City contract. Further, the City will be able to evaluate a Vendor's execution of the criminal history standards as a part of the performance criteria of said City contract(s); the Awarding Authority, in consultation with the Office of Corporation Counsel and the Community Services Administration, shall consider any

Vendor's deviation from these criminal history standards as grounds for rejection, rescission, revocation, or any other termination of the contract.

(B) Under exigent circumstances, an Awarding Authority, by its highest ranking member, in consultation with the Office of Corporation Counsel and the Community Services Administration, may grant a Vendor a waiver of the criminal history standards on a contract-by-contract basis. A written record of the waiver shall be kept on file by the Awarding Authority, the Community Services Administration and the Office of

Corporation Counsel, and shall also be submitted to the City of New Haven Commission of Equal

Opportunities. The written record shall include, but not be limited to: (a) a summary of the terms of the contract, (b) the details of the Vendor's failure or refusal to conform to the City's criminal history standards, and (c) a brief analysis of the exigency causing the grant of waiver. No waiver may be considered perfected unless the Awarding Authority fully complies with the provisions of this sub-section.

(C) A Vendor may contact the Community Services Administration to report any problems, concerns or suggestions regarding the implementation, compliance and impact of these sections, and the Community

Services Administration shall log every comment received with a summary of the comment and shall keep on file any written comments. Subsequent to logging any comment the Community Services Administration shall refer all complaints to the Office of the Corporation Counsel and shall notify the relevant Awarding Authority of the complaint and any further investigation that the Community Services Administration in consultation with the Office of Corporation Counsel deems necessary or appropriate.

3.4. Certificate of Non-Arrearage

I am the owner, partner, agent, officer, member or representative, of the bidder/proposer of the submitted solicitation and Neither the Bidder/Proposer, nor its subcontractors are in arrears to the State of Connecticut

Second Injury Fund.

4. General Requirements

4.1. Sample Contract

A sample of the contract the successful vendor will be required to enter into with the City is attached (

Attachments)hereto and by this reference incorporated herein and made part of this solicitation.

4.2. Change Order Management-Amendment

Any additional work identified during the course of the project that is deemed necessary, but outside the original Scope of Services, must be recorded as an amendment and approved by the City in writing before work is started.

4.3. No Purchase Order -No Payment Policy

https://www.newhavenct.gov/government/departments-divisions/purchasing-division/general-information/policies-and-procedures

The City of New Haven has implemented a 'No Purchase Order, No Payment Policy’ effective July 1, 2019 to reduce cost overruns, unauthorized work, while automating the steps for payment of invoices. This means that without an official Purchase Order number and/or enough unencumbered funds available, payment of supplier invoices will be rejected or significantly delayed until the change order or adjustments can be processed and approved.

This policy aims to ensure that:

A. All spend shall be supported by an authorized PO prior to requesting the provision of goods/services.

B. Efficient processes are implemented so that goods are delivered when required.

C. The recipient of the goods shall receipt in Munis as soon as the goods are delivered/services performed

(i.e. not upon receipt of the invoice);

D. Cost control is effective and therefore:

E. all expenditure incurred by the City of New Haven is valid and appropriately authorized; and

F. minimizing transactional costs associated with payment for goods and services.

4.4. E-Invoice Submission

Invoice Submission Portal

The invoice submission process is activated when an invoice is submitted through

NHInvoice@newhavenct.gov. Invoices submitted are automatically sent to the department being invoiced for review. Once the city department verifies its accuracy, the department will submit the invoice to Accounts https://procurement.opengov.com/portal/newhavenct/projects/312205/document?section=2971367 https://www.newhavenct.gov/government/departments-divisions/purchasing-division/general-information/policies-and-procedures https://www.newhavenct.gov/government/departments-divisions/purchasing-division/general-information/policies-and-procedures

Payable for payment processing. One final review and approval by the department who was invoiced is needed in order for a check to be issued. Checks are issued Friday.

How to submit invoices to the City of New Haven?

Refer to the E-Invoice Submission Portal - for detailed instructions.

4.5. Acceptance of Conditions

By submitting a proposal, each respondent or proposer expressly agrees to and accepts the following conditions:

1. Contract Terms

• Incorporation of Documents: All sections of the Instructions to Respondent/Proposer and the

Specifications will become integral parts of the final contract between the selected firm and the City.

2. City’s Right to Due Diligence

• Financial and Technical Ability: The City may require any evidence deemed necessary to verify the respondent's financial stability and ability to successfully complete the project.

• Further Information: The City reserves the right to request additional information from the respondent, either in writing or orally, to confirm any stated qualifications.

3. Final Authority and Judgment

• Sole Discretion: The City reserves the exclusive right to evaluate the respondent's representations and to determine whether the respondent is qualified to undertake the project based on the criteria set forth in this document.

• Binding Decision: By submitting a response, the proposer expressly acknowledges and agrees that the

City’s judgment regarding qualification to perform the project shall be final, binding, and conclusive.

https://www.newhavenct.gov/government/departments-divisions/purchasing-division/e-invoicing-policy

4. Right to Modify or Cancel

• Reservation of Rights: The City reserves the right to reject all proposals, to waive any irregularity in any of the submissions, or to cancel or delay the project at any time.

• No Obligation to Award: This solicitation process does not commit the City to award any contract whatsoever.

5. Cost and Liability

• No Cost Liability: The City is not liable for any costs incurred by the proposer during the preparation and submission of a response.

4.6. City of New Haven Living Wage Ordinance

If this purchase includes labor within the City, and the contract total is less than $150,000, it is then subject to the City of New Haven Living Wage Ordinance, City of New Haven Municipal Code Section 2-511. The ordinance requires that contractors providing labor or services to the City under yearly contracts in excess of

$25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the New Haven Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in New Haven Municipal Code Section 2-514. Questions concerning the New Haven Living Wage Ordinance should be directed to:

Finance Department

Purchasing Division

203-946-8201- phone purchasing@newhavenct.gov– email

4.7. Wages and Salaries

A. Salary rates and the classification of employees shall be as specified in the Solicitation Documents.

B. The rate of pay set forth in the Solicitation Documents is the minimum that shall be paid during the life of the Contract. Bidders must inform themselves about local labor conditions (e.g. the length of work day and the work week, overtime compensation, health and welfare contributions, labor supply and prospective changes and adjustments of rates).

Wages. Salary rates and the classification of employees shall be as specified in the Solicitation Documents and Contract Documents. The rates of pay set forth in the Solicitation Documents are the minimum that shall be paid during the life of the Contract. Bidders must inform themselves about local labor conditions

(e.g. the length of workday and the work week, overtime compensation, health and welfare contributions, labor supply and prospective changes and adjustments of rates).

Livable Wage Rates for FY 26/27 : effective 7-01-2026

• $21.95 with employee benefits

• $22.95without employee benefits

4.8. Error and Omissions

Bidders or Proposers shall not be allowed to take advantage of any errors or omissions in the Instructions to

Bidders/General Instructions or Specifications/Scope of Work. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

4.9. Patent Fees; Patent, Copyright; Trade Secret, Trademark Fees

Each PROPOSER shall include in the price proposal any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

4.10. Taxes

Price Proposals shall exclude all federal, state, local and other taxes.

4.11. Request for Taxpayer Identification number and Certification (IRS Form W-9)

The winning proposal will be required to submit a completed and signed IRS Form W-9. Failure to submit this form may result in the response being deemed non-responsive.

Link: https://www.irs.gov/pub/irs-pdf/fw9.pdf

4.12. Limitation on Liability

Respondents acknowledge that they shall. provide the goods and/or services without monetary limitations on liability. If Respondents take exception to this requirement, Respondents shall expressly state any exceptions, including the proposed limits of liability, (a) in detail; (b) as a separate line item; and (c) not part of any form documents submitted. Respondents acknowledge that any exceptions may result in a finding of non-responsiveness https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf

4.13. Insurance Requirements

Proof of insurance is not required to be submitted with your response unless specifically requested, but will be required prior to the City's award of the contract. Refer to the Insurance requirements in the "Insurance

Requirements" section of this document.

The City requires all contractual work to be insured as identified in the following sections.

The term “Contractor” and/or “subcontractor” as used in this section, shall mean, and include Contractors and subcontractors of every tier.

Each Solicitation, Agreement and/or Award will include a specific Risk Template which will detail all the insurance requirements for the project.

Any policies maintained by the contractor and its owned and/or rented equipment and materials shall contain a provision requiring insurance companies to waive their rights of subrogation against the City of New Haven

(Owner) and all other Indemnities named in the contract.

City of New Haven requires all contractors and vendors whose work or services may bring them into direct contact with youth under the age of 21 years to carry a minimum of $1 million in Abuse and Molestation insurance coverage.

Direct contact refers to situations where vendors directly interact with, supervise, or provide services to youth under the age of 21.

Examples of vendors subject to this requirement include:

Therapists

Medical professionals

Before and after-school program providers

Vendors excluded from this requirement include:

On-call facility-related repair services and construction services (e.g., plumbers, electricians, general contractors, roofers) who do not have direct contact with youth.

This requirement applies to all vendors working on projects within:

City of New Haven facilities

New Haven Public Schools (NHPS) facilities

Subcontractors

All subcontractors must provide General Contractor with a valid COI naming the City of New Haven as

Additional Insured with coverage and limits as required by the GC.

Certificates of Insurance

The successful bidder shall provide certificates with a minimum AM Best’s rating of “A-“VIII of insurance, showing coverage by an insurance carrier authorized by the State of Connecticut to write insurance in the

State. The certificates shall show the City as an additional name insured. Said certificate should contain the following endorsements.

PLEASE NOTE THAT ALL CERTIFICATES OF INSURANCE MUST INCLUDE:

A. The City of New Haven shall be named as an additional insured with subrogation.

B. Endorsement shall include the work description, Contract/Project name and location.

C. Insurance agent contact information, name, email and phone number

D. An endorsement that the insurance company will give at least thirty (30) days written notice to the City prior to any modification or cancellation of any such insurance coverage.

POLICY REVIEW AND APPROVAL

At the discretion of the City, the Contractor may be asked to submit to the City copies of insurance policies for review and approval. The City may, in writing, notify the Contractor of any disapproval of any such policies, and satisfactory policies shall be provided in place of those disapproved.

The Respondent shall submit an insurance certificate in addition to a copy of each policy if requested. The

Contractor shall require its subcontractors to obtain policies of similar insurance before each commences work. All such insurance shall be carried with financially responsible insurance companies, licensed in the State and approved by the City and shall be kept in force until the Contractor’s work is accepted by the City, which expire before the Contractor’s work is accepted by the City shall be renewed and submitted to the City for its approval.

A. Insurance will be required for the entire term of the contract. The insurance agent contact information(name , email, phone number) must be on the COI. COI are to be emailed to your project contact(see award notice) and NHpurchasingCOI@newhavenct.gov.

B. Renewal Certificates of insurance should email to support@certificial.com

Contractor/Vendor shall agree to always maintain in force during the contract the following minimum coverage and shall name the City of New Haven as an Additional Insured (1) on a primary and non-contributory basis to all policies except Workers Compensation and Professional Liability. All policies, except

Professional Liability, should also include a Waiver of Subrogation.

mailto:NHpurchasingCOI@newhavenct.gov mailto:support@certificail.com

4.13.1. General Liability

Minimum Limits

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Each Occurrence $1,000,000 Y Y

Combined

Aggregate

$2,000,000 Y Y

Products/Completed

Operations

Aggregate

$2,000,000 Y Y

4.13.2. Workers’ Compensation & Employers’ Liability (EL) - Statutory Limits

Minimum Limits

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Workers'

Compensation

Statutory Limits

EL EACH $500,000 --- Y

EL DISEASE $500,000 --- Y

EL POLICY $500,000 --- Y

4.13.3. Additional Information

If any policy is written on a “Claims Made” basis, the policy must be continually renewed for a minimum of two years from the completion date of this contract. If the policy is replaced and/or the retroactive date is changed, then the expiring policy must be endorsed to extend the reporting period for claims for the policy in effect during the contract for two) years from the completion date.

Original, completed Certificates of Insurance must be presented to the City of New Haven via Certificial prior to contract issuance. Contractor/Vendor agrees to provide replacement/renewal certificates at least 30 days prior to the expiration date of the policies. Should any of the polices be cancelled, limits reduced, or coverage altered, 30 days written notice must be given to the City.

4.13.4. Notes

• Additional Insured & Waiver of Subrogation boxes must be checked off on the COI.

• If contractor/vendor will be providing a service in proximity or serving youth under the age of 21, Abuse and Molestation coverage must be included.

• City of New Haven is the Certificate holder and the additional insured.

City of New Haven

200 Orange Street Rm 301

New Haven, CT 06510

4.14. Availability of Funds

The provisions of this Contract relating to payment for products or services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to for disbursement. The City shall be the sole judge and authority in determining the availability of funds under this

Contract. If any action is taken by the City, any state agency, Federal department or any other agency to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, the City may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, The City shall be liable for payment only for products provided or services rendered prior to the effective date of the termination, provided that such products or services were provided or performed in accordance with the provisions of this Contract.

4.15. Addenda

If any person contemplating submitting a proposal of the items or services listed herein is in doubt as to the true meaning of any part of this RFP, he/she may submit a question through the City's eProcurement Portal

Q&A section for an interpretation or correction thereof. Any written Inquiry for Clarification must be received seven (7) or more business days prior to the Closing Date. Any request received by the City after this deadline will not be given consideration.

We will endeavor to post Addendums regarding Inquires for Clarification, not less than five (5) calendar days prior to the Bid Closing Date and Time.

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in this solicitation, above. Addenda (if any) shall be made available on the City's eProcurement system, and sent to each vendor included on the "Followers" list in the City's eProcurement system. A vendor's failure to address the requirements of any and all addenda may result in the response

(proposal or bid, or alike) not being considered. If the City determines that a time extension is required for the proposal, the City will issue an addendum that will give the new submission date. The vendor is responsible to register on the City's eProcurement Portal and follow the project named Direct Commodity - Shelf Stable

Cheese in order to be included in the "Followers" list in the City's eProcurement system to insure they receive all documents including addendums which are available as a download.

The City reserves the right to change any part of these Instructions to PROPOSERS and Specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the

Proposal documents and of the contract.

4.16. Reservations

The City reserves the right to reject any and all proposals and any item or items therein, and to waive any non conformity of proposals with this RFP, whether of a technical or substantive nature, as the interest of the City may require.

4.17. Documents to be construed together

The Request for Proposals, the Proposal, the Non-Collusion Affidavit, and all documents referred to in the complete specifications and the Contract to be entered into between the Contractor and the City, and all modifications of said documents, shall be construed together as one document.

4.18. RFP not Contractual

Nothing contained in this Request for Proposals shall create any contractual relationship between the

PROPOSER and the City. The City accepts no financial responsibility for costs incurred by any PROPOSER regarding this RFP.

4.19. Protest

The procedures established hereunder shall be available to contractors with respect to a RFP/RFQ for the purpose of handling and resolving disputes relating to procurements hereunder. A protestor must exhaust all administrative remedies hereunder before pursuing a protest in any court of law. In the event you desire to protest an opening. You must submit by email at: purchasing@newhavenct.gov , Attention: Purchasing Agent your letter of protest within 24 hours of the opening date/time. The letter should include the following information:

• The name and address of the protestor

• The name and number of the procurement solicitation

• A detailed statement of the grounds for the protest, including relevant facts and citations to applicable laws or terms

• Supporting documentation

• The desired relief, action, or ruling sought by the protestor

A written decision will be returned to you from the Bureau of Purchases in a timely manner.

mailto:purcashing@newhavenct.gov

5. Awarding of Contract

5.1. Review and Award

A screening committee will determine which proposals are responsive to City requirements and needs. The technical portions of responsive proposals will be evaluated by a selection panel consisting of personnel from the City. The selection may be based solely on the written proposals submitted.

PROPOSERS may be invited to a meeting to provide additional clarification of the content of their proposal.

The City reserves the right to invite all of the PROPOSERS for an oral clarification OR only the top three (3) ranked firms based on the initial written proposal review. The meeting will not alter the selection criteria but will be used to clarify content of the proposal. The final scoring and ranking will be made after the meeting(s).

Proposals shall consist of the sections named in the “Contents of Proposal” outlined below.

The weighted scoring in the Evaluation Criteria prioritizes the factors most important for this solicitation. A winner will be chosen based on the Total Average points of all evaluators across all scoring factors.

Once an agreement is reached with a Proposer, originating department will recommend award of a contract.

The City reserves the right to select the firm which, in its sole judgment, best meets the needs of the City.

For City Departments:

Any contract resulting from this RFP must meet the following approval requirements:

• Mayor's Signature: Contracts valued at $25,000 or more require the Mayor's signature to become effective.

• Board of Alders Approval: Contracts that exceed one year in duration under any of the following conditions must be approved by the Board of Alders:

o Initial Term: If the initial term is longer than one year.

o Options/Renewals: If the combined duration of options and renewals exceeds two years, either consecutively or cumulatively.

o Material Alterations: If any options or renewals significantly change the original terms or conditions of the contract, as determined by the City's Purchasing Agent.

5.2. Contract Duration

The term of the contract is Initial Term One Year. There shall be (2)one optional one-year extension periods subject to the approval of the Purchasing Agent, in her/his sole and absolute discretion, and which shall be memorialized in the form of an amendment to the contract, setting forth the agreed upon amount of compensation and such other terms and provisions as the parties may agree upon for each extension period.

https://procurement.opengov.com/portal/newhavenct/projects/312205/document?section=undefined

All renewals will be at the sole discretion of the City and pursuant to the same terms and conditions. The compensation set forth in the Proposal shall remain valid and in effect during the initial term of the contract.

5.3. Notice to Proceed

Once a contract is formally signed and in effect, the specific City department that initiated the need for the contracted work will then issue a Notice to Proceed (NTP). This official written communication formally authorizes the contractor to commence the contracted services or project. The NTP typically specifies the start date of the work and may also include important details such as:

• Project name and contract number: For clear identification.

• Contact information: For relevant City and contractor personnel.

• Project schedule and milestones: Outlining key deadlines and deliverables.

• Specific instructions or clarifications: Regarding the execution of the work.

• Conditions for commencement: Any prerequisites that must be met before work can begin.

5.4. Payment Policy

https://www.newhavenct.gov/government/departments-divisions/purchasing-division/general-information/policies-and-procedures

5.5. Termination of Contract

Termination of Contract** This Contract may be terminated by the City of New Haven ("City") as follows:

**1. Termination for Convenience:** * The City may, at any time, terminate this Contract, in whole or in part, for its convenience, upon giving twenty-one (21) days written notice to the Contractor. * Upon receipt of such notice, the Contractor shall immediately discontinue all work affected (unless the notice directs otherwise) and shall deliver to the City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Contract. * In the event of termination for convenience, the Contractor shall be entitled to receive payment for work satisfactorily performed up to the date of termination, as determined by the City, and for reasonable costs incurred in terminating the work. The Contractor shall not be entitled to recover anticipated profits or any other consequential damages. * The City's determination of the amount due to the Contractor shall be final and binding.

**2. Termination for Cause/Default:** * The City may terminate this Contract for cause or default if the

Contractor: * Fails to perform the work in accordance with the terms and conditions of this Contract. * Fails to make satisfactory progress so as to endanger performance of this Contract. * Fails to comply with any applicable federal, state, or local laws, ordinances, or regulations. * Becomes insolvent, files for bankruptcy, or https://www.newhavenct.gov/government/departments-divisions/purchasing-division/general-information/policies-and-procedures https://www.newhavenct.gov/government/departments-divisions/purchasing-division/general-information/policies-and-procedures makes an assignment for the benefit of creditors. * Engages in any conduct that is detrimental to the interests of the City, including but not limited to, fraud, misrepresentation, or unethical behavior. * Fails to maintain required insurance or bonds. * Fails to adhere to the city's equal opportunity and non-discrimination policies.

* Prior to termination for cause/default, the City shall provide the Contractor with five (5) business day written notice of the default and a reasonable opportunity to cure the default, unless the default is of such a nature that it cannot be cured. * In the event of termination for cause/default, the Contractor shall be liable to the

City for any and all costs incurred by the City in completing the work, including but not…