Electricity_Purchase.pdf

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. Change Order Management-Amendment

4.2. No Purchase Order -No Payment Policy

4.3. E-Invoice Submission

4.4. Error and Omissions

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

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

4.7. Limitation on Liability

4.8. Addenda

4.9. Reservations

4.10. Documents to be construed together

4.11. RFP not Contractual

4.12. 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. No Purchase Order – No Payment Policy

5.6. Termination of Contract

5.7. Price Adjustments

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. Response Submittals

7.4. Attachments

Attachments:

A - CityofNewHaven Account List

1. Project Summary

1.1. Summary

Project name:Electricity Purchase

Project #:2026-RFP-CNH-309

Department:Finance

The City of New Haven seeks competitive proposals and qualifications for the provision of electricity supply to

City accounts. The objective is to secure competitive pricing, reduce rate volatility, comply with Connecticut clean energy goals, and leverage modern energy data and reporting capabilities. The selected supplier(s) will be responsible for delivering energy to various city-owned buildings and facilities, ensuring compliance with all relevant standards and regulations.

Suppliers must meet the Minimum Qualifications outlined in the Statement of Qualifications and be approved by the City of New Haven in advance of submitting price offers (Phase 2) pursuant to this

RFQ/RFP.

This procurement is for multi-year retail electric supply with a block and index contract structure and firm service provided to the municipal accounts of the City of New Haven, Connecticut (“City”), including but not limited to its schools, public safety operations, and major municipal buildings. This procurement does not extend to private or residential electric service. Please note that this RFQ/ RFP requires prequalification and acceptance of the City’s Standard Terms (located under the attachments). We encourage interested

Respondents to determine whether they meet the qualifications and submit the required certifications and documentations to the City for review and approval before they begin developing price offers (Phase 2).

Annual Usage Est. 46,000MWh

Start Date: July 1, 2026

Term Length: The initial term will be for 60 months from the meter read date (MRD) in July 2026.

1.2. Timeline

Release Project Date: February 15, 2026

Question Submission Deadline: February 25, 2026, 5:00pm

Response Submission Deadline: March 10, 2026, 11:00am

1.3. Procurement Contact

Prajna Mishra

Procurement Specialist

200 Orange st

New Haven,CT,06510

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, March 10, 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

The proposal must be prepared in two parts: a "Proposal" and a "Pricing/Budget." Each of the parts shall be separate and complete in itself so evaluation of one may be accomplished separate from the evaluation of the other.

1. The Price Proposal must include all costs associated with the Proposal as described in the Pricing Proposal instructions in the “Response Submittals.”

Parties interested in responding are required to submit their Price Proposal with their proposal through the

City's eProcurement Portal.

The pricing must include the total price proposed to accomplish all the performance and deliverables requested in this RFP, and offered by your firm. Each Proposer must submit a Price Proposal containing all costs associated with the technical proposal. The price proposal shall describe both the total and the detailed price for which the consultant will commit to complete the total scope of work and end products. The price proposal detail shall describe costs for each professional’s time, for the completion of each proposed task, and for all materials and supplies.

The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. Costs shall include the proposed costs and, if necessary, the approximate number of hours to provide the services as described in your proposal. Any additional fees outside the scope of the agreement must be approved in writing before commencing services for said fees. Vendor’s RFP response must be inclusive of all costs and expenses associated with travel, lodging, and any other incidental costs. The

City will not separately reimburse costs not included in the proposal.

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

#Attachments, and Response Submittals. No Pricing shall be included in this part.

Reference SAMPLE PRICE PROPOSAL.

https://procurement.opengov.com/portal/newhavenct/projects/213821/document?section=2004545 https://procurement.opengov.com/portal/newhavenct/projects/213821/document?section=2004582 https://procurement.opengov.com/portal/newhavenct/projects/213821/document?section=2004545 https://procurement.opengov.com/portal/newhavenct https://procurement.opengov.com/portal/newhavenct/projects/213821/document?section=2004545 https://procurement.opengov.com/portal/pasadena/projects/213821/document?section=undefined https://procurement.opengov.com/portal/newhavenct/projects/213821/document?section=2004545

Reimbursable cost schedules shall depict only those expenditures that are exclusive to and in support of the scope of services. The proposed reimbursable cost schedule shall include a detailed list of reimbursables.

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 2 CFR Part 200.(if federally funded)

Each Proposer must submit a PRICE Proposal containing all costs associated with the proposal. Proposer’s lump-sum price for performing all services and work called for in the SCOPE OF WORK. The Proposer’s lump-sum price shall include, without limitation:

• all designs, equipment, materials, labor, insurance and bond premiums, home office, jobsite, and other overhead, profit and services relating to the Proposer’s performance of its obligations under the

Contract (including all work, equipment, materials, labor, and services provided by subcontractors and intellectual property rights necessary to perform the work);

performance of each and every portion of the work

• all costs of obtaining Government approvals other than Government approvals that are the responsibility of the City of New Haven;

• all costs of compliance with Government rules, except to the extent such compliance is the responsibility of the City of New Haven;

• all taxes, duties, permits, and other fees or royalties incident to the performance of the SCOPE OF

WORK;

payment of all salaries, wages, benefits, and expenses of the Proposer’s employees;

compensation for all risks, liabilities, and contingencies assigned to the Proposer; and

• all other costs needed or incurred to complete the Project.

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 Prajna Mishra, and can be reached atpmishra@newhavenct.gov. 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/213821/document?section=2004527

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. 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.

4.2. No Purchase Order -No Payment Policy

https://www.newhavenct.gov/government/departments-divisions/purchasing-division/no-po-no-pay-policy

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.

4.3. 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

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?

https://www.newhavenct.gov/government/departments-divisions/purchasing-division/no-po-no-pay-policy

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

4.4. 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.

4.5. 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.

4.6. 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

4.7. 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

4.8. 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 Electricity Purchase in order to https://www.newhavenct.gov/government/departments-divisions/purchasing-division/e-invoicing-policy https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf 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.

4.9. 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.

4.10. 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.

4.11. 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.

4.12. 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: purcashing@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 Five Year. The initial Term exceeds two years collectively, therefore

BOA approval required 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

https://procurement.opengov.com/portal/newhavenct/projects/213821/document?section=undefined

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/payment-policy

5.5. No Purchase Order – No Payment Policy

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.

5.6. Termination of Contract

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

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

**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 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 limited to, the cost of procuring substitute services. * Termination for cause/default shall not relieve the Contractor of any liability to the City for damages sustained by the City as a result of the Contractor's breach of this Contract.

**3. Termination for Lack of Funding:** * In the event that funding for this Contract is not approved or becomes unavailable, the City reserves the right to terminate this Contract without any liability to the

Contractor. Upon written notification, the Contractor shall cease all work related to this Contract. Payment will be provided for work acceptably completed up to the point of termination.

**4. Notification of Termination:** * Notice of termination shall be provided in writing to the Contractor by mail or email.

**5. Effect of Termination:** * Upon termination of this Contract, the Contractor shall immediately return to the City all property belonging to the City. * The termination of this Contract shall not affect any rights or obligations of the parties that accrued prior to the date of termination. * The rights and remedies provided in this termination clause are in addition to any other rights and remedies provided by law.

**6. Governing Law:** * This termination clause shall be governed by and construed in accordance with the laws of the State of Connecticut and the ordinances of the City of New Haven.

**7. Disputes:** * Any disputes related to termination of this contract will be handled according to the dispute resolution portion of this contract.

5.7. Price Adjustments

Pricing with Potential Adjustments

This provision establishes a firm, fixed pricing structure with a limited opportunity for price adjustments.

While the initial proposal price must be a fixed, the City may, at its sole discretion, consider adjustments if the cost of specified materials, components, or labor demonstrably fluctuates by more than 20% during the contract term. Crucially, the responsibility to request any such adjustment rests entirely with the awarded respondent, who must provide verifiable documentation to support their claim. To ensure timely consideration, adjustment requests for a new contract term must be submitted at least 60 days before the current term expires; failure to do so allows the City to exercise the next term at the existing price. Requests submitted after a new term begins will not be considered. Furthermore, the City retains the absolute right to reject any requested adjustment or to decline exercising an option term based on the proposed price change, solidifying their control over the contract's financial terms.

Fixed Price with Tariff Adjustments

If vendor experience a new government tax significantly raising the cost of their goods and services in meeting the needs of the City to an awarded project (more than 5% of the total price), a discussion about adjusting the price can take place. But the price can't go up too much – either a maximum of 20% of the original price, or half of the extra cost from the tax, whichever is less.

Guideline for requesting and adjustment:

A. 1. Must be submitted in writing and include a comprehensive cost breakdown detailing how the tariff has impacted the total cost of the finished product.

2. Must include official importer receipts or customs documentation showing proof of tariff payment and transaction date.

3.Will only be considered if they clearly demonstrate a direct impact from the tariff on the specific goods or components being purchased under this contract.

4.Are subject to the City’s sole discretion and written approval is required prior to implementation of any price change.

B. In the event the City requests a tariff adjustment, the Contractor shall provide all required supporting documentation, as outlined above, within thirty (30) calendar days of the City’s request.

C. No retroactive adjustments shall be allowed for tariff changes prior to the applicable basis date.

6. Submittal Instructions

6.1. Early Preparation for submission

Parties interested in responding are required to submit electronically through the City of New Haven eProcurement Portal prior to 11:00 am , Tuesday, March 10, 2026. Please upload all required documents as instructed in the section named Response Submittals sufficiently early electronically through the city's eProcurement Portal before the time and day listed in this solicitation. Responses must be received in the system prior to the deadline.

The Specification or Scope of Work included in this Notice shall be considered part of any contract made pursuant thereunder.

6.2. Vendor Registration Instructions & Customer Service information:

Click here to register onto the City's eProcurement Portal hosted by OpenGov.

If you are already registered and need help logging in or retrieving your user information simply click on the blue chat bubble on the lower right hand corner of your screen or contact OpenGov at procurement-support@opengov.com for help at any time.

Customer Service

For assistance with e-bidding or uploading documents: Contact OpenGov via the blue chat bubble on the lower right hand corner of your screen or email at procurement-support@opengov.com.

Monday through Friday 5 am - 5 pm PST, except statutory holidays-- response time is typically less than ten minutes.

6.3. OpenGov Technical Support

Technical support for an eProcurement system plays a vital role in ensuring smooth operations. You can call or email technical support using the information below.

• Phone: (650) 336-7167

• Email: support@support.opengov.com

• Issue Log: https://opengov.my.site.com/support/s/contactsupport/incident

• Live Chat: Click on the circle blue icon at the bottom right of the screen.

6.4. Electronic Submission and Delivery Instructions

We value your participation in this solicitation and want to ensure you have every opportunity to present your response in the manner instructed in this solicitation. It is important that you submit a complete response prior to 11:00 am on Tuesday, March 10, 2026 through this eProcurement portal. We strongly advise against https://procurement.opengov.com/portal/newhavenct https://procurement.opengov.com/portal/newhavenct/projects/213821/document?section=2004545 https://procurement.opengov.com/portal/newhavenct mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com mailto:support@support.opengov.com https://opengov.my.site.com/support/s/contactsupport/incident waiting to within the last three days of the submittal deadline to begin working on your response. Starting early on your response increases time to:

• Thoroughly review all requirements and the entire solicitation document.

• Gather, organize, and complete the necessary documents for submittal.

• Address any unforeseen technical issues that may arise during the preparation or submittal of your response.

Delaying your response may result in errors, or can cause you to miss the submission deadline. Either of which can negatively impact your submittal or cause your submittal to not be accepted.

6.5. Follow these steps to submit your proposal digitally

If you are already registered and need help logging in or retrieving your user information utilize the blue chat bubble visible on the lower right hand corner of the screen.

Click on the hyperlink for the City's eProcurement Portal to create your vendor profile.

Electronic Submission of Bids

All Proposers are required to submit their bid pricing electronically via the city's eProcurement Portal. The electronic system will close submission exactly at the date and time set forth in this solicitation or as changed by addenda. In addition, your bid must be submitted via the eProcurement Portal.

Proposers are responsible for submitting and having their bid accepted before the closing time set forth in this solicitation or as changed by addenda. NOTE: It is the Proposer's sole responsibility to ensure their bid and document(s) are uploaded, transmitted, and arrive in time electronically. The City will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason.

Upon closing of the Bid, Bid Results will be available on the City's eProcurement Portal.

In the case of a discrepancy between the electronic bid schedule (pricing) and any uploaded Bid schedule document or pricing, the electronic bid schedule will be the accepted bid.

Steps to Submit Your Electronic Proposal:

To submit an offer to the City, vendor must begin by clicking on the green DRAFT PROPOSAL button. This action also allow you access required City forms in the Response Submittal section for Electricity Purchase.

1. Acknowledge all Addenda

2. Accept City of New Haven Terms and Conditions Message

3. Answer all required vendor questions.

4. Upload all required forms. Proposer may save their work and return.

5. Review your work and submit proposal when ready.

6. You will receive a confirmation email from OpenGov upon receipt of your bid/proposal.

7. Proposer may withdraw their bid at any time prior to 11:00 am on Tuesday, March 10, 2026.

Note: If an addenda is issued after a response has been submitted, Proposer or bidder must return to take steps below. Failure to do both steps will result in an invalidated offer.

1- Acknowledge the new addenda; and

2- Resubmit your bid through the City's eProcurement Portal.

Do Not upload a Zip File: Unzip Your Files

Note: If your files are [zipped or] in a zip folder, you may need to unzip the files before uploading. The following instructions may be helpful to do so.

A. Open File Explorer, and find the zipped folder.

B. To unzip the entire folder, right-click to select Extract All, and then follow the instructions.

C. To unzip a single file or…