Graphic_Supplies_-_NHPS.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

1.4. General Conditions and Standards

2. Instructions to Respondents

2.1. How to Use OpenGov: Educational Resource

2.2. Notice Regarding Disclosure of Content Documents

2.3. Electronic Submission and Delivery Instructions

2.4. Confidentiality

2.5. Local Preference

2.6. Equal Employment Opportunity

2.7. Acceptance of Conditions

2.8. Limitation on Liability

2.9. Taxes

2.10. Error and Omissions

2.11. Documents to be construed together

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

2.13. Solicitation Downloads

2.14. Inquires for Clarification and Addenda

2.15. Availability of Funds

2.16. Contract Term

2.17. Termination of Contract

2.18. Change Order Management

2.19. Insurance Requirements

2.20. City of New Haven Living Wage Ordinance

2.21. Brand Name, Substitutions, and Product Specifications

2.22. Alternate Responses

2.23. Unit Prices, Bid Quantities and Tax-Exempt Status

2.24. Calculation Sheet

2.25. Solicitation Process and Submission

2.26. Protest

2.27. Bid not Contractual

2.28. Execution of Contract

3. Awarding of Contract

3.1. Award of Contract

3.2. Notice to Proceed

3.3. Payment Policy

3.4. No Purchase Order – No Payment Policy

3.5. E-Invoice Submission

3.6. Electronic Invoice Policy

3.7. Price Adjustments

4. City Requirements

4.1. Equal Employment Opportunity

4.2. Non-Collusion Affidavit of Bidder

4.3. Ban The Box Agreement

4.4. Certificate of Non-Arrearage

5. Project Details

5.1. Bid Specifications

5.2. Calculation Sheet

5.3. Response Submittals

5.4. Attachments

Attachments:

A - Exhibit_Commodity Contract

1. Project Summary

1.1. Summary

Contract Name: Graphic Supplies - NHPS

Solicitation #: 2026-ITB-357

Department: NHPS-Curriculum

A. Vendor guarantees deliveries of all merchandise to Wilbur Cross High School, 181 Mitchell Drive, New Haven, CT.

B. Quantities delivered will be initiated by the New Haven Public Schools and will be delivered within five

(5) working days of the request.

C. Deliveries are to be made Monday through Friday 7:30 a.m. – 1:30 p.m. at the Orange Street Entrance.

D. Quantities listed for each item are estimated based on historical usage. The New Haven Public Schools will only pay for quantities ordered and delivered.

E. The Board of Education reserves the right to increase or decrease the actual quantities based on the bid prices and availability of funds. Bid prices must be valid for 12 months. Prices quoted before June 30, 2026 must be valid and in effect 12 months from July 1, 2026.

F. A complete total of bid should appear on the bid form page in both numeric and written form.

G. All normal guarantees or warranties as provided by the manufacturers are required.

H. Quantities shipped must be adhering to the quantities ordered per the contract. We are not responsible for payment for over shipments. When bidding quantity other than that specified, be specific on your quantity.

I. All invoices must be dated July 1, 2026 or LATER

Local Preference: Yes

1.2. Timeline

Solicitation/Advertise Date: June 1, 2026

Question & Clarification Deadline: June 10, 2026, 5:00pm

Bid Due Date: June 17, 2026, 3:00pm

1.3. Procurement Contact

Michael Trnik

Procurement Coordinator

54 Meadow Street, 4th Fllor

New Haven, CT 06519

1.4. General Conditions and Standards

General Conditions can be found on the City's website: General Conditions

Construction Standards can be found on the City's website: Construction Standards https://www.newhavenct.gov/home/showpublisheddocument/1514/637743345206508367 https://www.newhavenct.gov/government/departments-divisions/engineering/construction-standards

2. Instructions 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

2.2. Notice Regarding Disclosure of Content Documents

All responses to this solicitation accepted by the City of New Haven (City) shall become the exclusive property of the City. At such time originating department recommends all solicitation 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 solicitation response 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

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

Parties interested in responding are required to submit bids electronically through the City of New Haven's eProcurement Portal no later than 3:00 pm on Wednesday, June 17, 2026. Please upload sufficiently 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.

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

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

2.4. Confidentiality

The City will redact any information clearly labeled and identified as proprietary by the respondent before releasing it 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.

2.5. Local Preference

The City of New Haven is committed to promoting the economic health and well being of its residents. To this end, contractor agrees to recruit New Haven residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City.

A. For this section, "City Based Business" shall mean a business with a principal place of business located within the City of New Haven. A "City Based Business” shall maintain such status throughout the term of any Contract with the City. Failure to maintain such status shall be grounds for the City to terminate said Contract.

B. To be considered a City Based Business you must submit satisfactory proof to the Purchasing Agent of your current City of New Haven address. Some examples of proof include are, but not limited to:

1. Proof of payment of City of New Haven Real Estate tax bill(s)

2. A current, long term lease in the City of New Haven

3. Proof of payment of City of New Haven personal Property tax bill(s)

Sec. 2-483. - Preference for city-based businesses.

2.6. Equal Employment Opportunity

A. A pre-award conference concerning equal employment opportunity compliance by the Awardee will be scheduled the week prior to the City’s authorizing the award. The contractor will receive forms and other documentation that must be completed and returned to the City prior to the date of the pre-award conference. The Contractor's Affirmative Action/Equal Opportunity compliance report will represent the major focus of discussion at the pre-award conference. The contractor is responsible for satisfying the affirmative action/equal opportunity provisions as set forth in or referred to in these

Solicitation Documents.

B. Any proposed subcontract under this Contract must submit a certification regarding Equal Employment

Opportunity, similar to that submitted by the Respondent. Approval of the subcontractor award cannot be given by the owner unless and until the proposed subcontractor has submitted the certification and/or other evidence that it has fully complied with any reporting requirements to which it is or was subject.

C. Although the Respondent is not required to attach such certification by proposed subcontractors to its

Response, the Respondent is herein advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards.

D. The Equal Employment Opportunity ordinance can be found in Section 12 ½ of the City of New

Haven’s Code. Please review for further details

2.7. 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 https://library.municode.com/ct/new_haven/codes/code_of_ordinances?nodeId=TITIIICOGEOR_CH2AD_ARTVIIIPU_DIV3COBIRE_S2-483PRCISEBU

• 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.

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.

2.8. 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 attachment; and (c) not part of any form documents submitted. Respondents acknowledge that any exceptions may result in a finding of non-responsiveness

2.9. Taxes

Bid pricing shall exclude all federal, state, local and other taxes.

2.10. 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.

2.11. Documents to be construed together

The Invitation to Bid ,the Bid response, 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.

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

The winning bid 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

2.13. Solicitation Downloads

A. Every part of this document may be downloaded from the website at no cost to you. If you require a third party to print the specifications and/or drawings, that cost will be borne by you.

B. Drawing File Format: PDF

C. Click on the "Downloads" to download the drawings.

D. If you don't have Adobe Acrobat and you wish to view the files in PDF format, Download the application here: https://get.adobe.com/reader/

E. Drawings - The following three local firms are examples of companies that can reproduce drawings and/or any portion of the documents. These suggestions are not to be considered endorsements in any way. Any other firm with the AutoCAD, DWG, DXF, DWF & CSF Viewers will also be able to reproduce the drawing files.

2.14. Inquires for Clarification and Addenda

https://www.irs.gov/pub/irs-pdf/fw9.pdf https://www.irs.gov/pub/irs-pdf/fw9.pdf https://procurement.opengov.com/portal/newhavenct/projects/266919 https://get.adobe.com/reader/

If any person contemplating submitting a bid response of the items or services listed herein is in doubt as to the true meaning of any part of this solicitation, 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 Graphic Supplies - NHPS 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.

2.15. 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.

2.16. Contract Term

The term of the contract is one (1) Year with two (2) One (1) year renewal option(s) . All renewals will be at the sole discretion of the City and pursuant to the same terms and conditions.

2.17. Termination of Contract

Termination of Convenience

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 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 at least five (5) business days written notice before the effective date of such termination. * 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.

2.18. Change Order Management

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 a Change Order and approved by the City in writing before work is started.

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

2.19.1. General Liability - Rider 400

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

2.19.2. Auto Liability (includes all owned, hired & non-owned autos)

Minimum Limits

(dollar amount indicates required minimum)

Additional

Insured

(Y indicates required)

Waiver of

Subrogation

(Y indicatesrequired)

Combined Single

Limit Each accident including endorsements

$1,000,000 Y Y

2.19.3. Excess/Umbrella 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 --$1,000,000 Y Y

2.19.4. 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.

2.19.5. 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

2.20. City of New Haven Living Wage Ordinance

If this purchase includes a service, and the contract total is at $100,000 or more, 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

2.21. Brand Name, Substitutions, and Product Specifications

1. Product Identification and Brand Equivalency

• Specified Brands: A brand name, model number, or other manufacturer designation may be indicated for reference in the solicitation. These specified items establish the minimum standard of quality and performance required by the City of New Haven.

• Proposed Product Details (Mandatory): Bidders must clearly indicate on the bid calculation sheet or a corresponding attachment the exact brand name and/or trade name of the product proposed for each item number. If the item does not have a distinct brand or trade name, the name of the producer or manufacturer must be provided.

• Substitutions/Equivalent Products (Conditional Consideration): Equivalent brands will be considered, provided they meet or exceed the quality standards and functional requirements of the brands listed.

However, consideration is strictly conditional upon the bidder's complete adherence to the documentation and submission requirements outlined below. Prior to Bidding (Mandatory

Compliance for Substitution): For any substituted product (one that differs from the specified brand), the bidder must submit the following documentation with their bid. Failure to submit any required document will result in the immediate rejection of the proposed substitution and may result in rejection of the entire bid.

o Product Literature: Detailed specifications, catalogs, and all necessary data concerning the proposed product.

o Safety Data Sheets (SDS): A current Safety Data Sheet (SDS), formerly known as Material Safety

Data Sheet (MSDS), for any applicable chemical or hazardous product.

o Product Sample: A physical sample of the substituted product must be provided upon request and prior to the bid award for evaluation.

2. Required Bid Documentation and Compliance

• Detailed Specifications: Bidders shall submit complete, detailed specifications and product literature for all commodities to be furnished.

• Labeling and Cross-Reference: All submitted information (specifications, literature, SDS, etc.) shall be clearly labeled to correspond directly with the item number on the official bid calculation sheet. This is crucial for efficient review.

• Non-Compliance Warning: Failure to submit any of the required product identification, detailed specifications, safety data sheets, or proper labeling as specified above may result in the immediate rejection of your entire bid as non-responsive.

3. Packaging and Delivery

• Commercial Standards: All items shall be packed in accordance with prevailing commercial practices for the respective industry.

• Delivery Condition Guarantee: Packaging must be sufficient and robust enough to guarantee delivery in good, undamaged condition to the City of New Haven's designated receiving location.

• Damage Responsibility: The supplier is responsible for any damage incurred during shipping due to inadequate packaging.

2.22. Alternate Responses

The City of New Haven requires strict compliance with the scope of work, specifications, and terms outlined in this solicitation document. While equivalent products (substitutions) are permitted as detailed in Section 2.1 the response itself must strictly comply with all documentation and submission requirements. No other alternate responses or unsolicited substitutions will be considered. Any non-conforming bid may be rejected as non-responsive.

2.23. Unit Prices, Bid Quantities and Tax-Exempt Status

A. The Unit Prices for each of the Solicitation items include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price represents the total Bid. Special attention is called to this section because in the event it is necessary to revise the quantities, increase or decrease thereof may be made without limit and adjustment and compensation shall be made on the basis of the Unit Prices for such items.

B. Unit Prices should not include federal excise or state sales taxes. State Sales Tax is exempt under

Connecticut General State Statute Sec. 12-412. The City is also exempt from transportation taxes when goods are consigned to the City. Tax Exemption certificates will be furnished by the Supervisory

Auditor - Accounts Payable upon satisfactory proof of delivery to the City.

C. It is understood an agreed that the Unit Prices shall control the Contract award.

D. The quantities noted in this Solicitation are approximate (estimated only for use in comparing Bids);

and that the sums obtained by multiplying the Unit Prices by the estimated quantities, and also the

Total of these sums, are inserted for the purpose of checking this Solicitation and for the convenience of the Respondent. The Unit Prices paid are for the actual ordered quantities only.

E. Shipments should be consigned to the City in care of the Contractor.

F. Unbalanced high or low Bid Unit Prices will be reviewed and may be grounds for rejection.

G. Pricing and Supply of Good and Services submitted by vendor as a result of this solicitation must be maintain for at least twelve (12) months from the date of bid submission, unless an increase in length is noted in the specification section of this solicitation.

2.24. Calculation Sheet

A. The Fillable Calculation sheet is located on the City's e-Procurement Portal with the other applicable solicitation submission documents.

2.25. Solicitation Process and Submission

A. Solicitation Process

1. Early Submittal of Digital Responses - Responses received prior to the advertised hour of closing are kept sealed on the City's e-Procurement Portal.

2. Solicitation Closing - At the time fixed for the submission deadline of responses, the City will open the Digital Response received by the submission deadline utilizing the City's e-Procurement Portal.

Pricing information will be available publicly and can be accessed at:

https://procurement.opengov.com/portal/newhavenct/projects/266919 in the "Results" tab.

Respondents and other interested parties can visit the City's e-Procurement Portal for the list of respondents and their respective pricing information. To receive notifications regarding the pricing results, interested parties must click on "Follow" on the Public Solicitation Portal.

3. Late Submittals – with the advent of complete digital bidding, no submission will be accepted after the closing date and time.

4. Withdrawal of Responses - Responses may be withdrawn by you prior to the submission deadline of responses by you retracting your digital response submission.

5. Response Rejections - The City reserves the right to reject any and all responses which do not meet the requirements of a lowest qualified responsible Respondent. Some reasons for rejection include, but are not limited to: altered or qualified Calculation Sheet, a non-Web based Calculation Sheet, https://procurement.opengov.com/portal/newhavenct/projects/266919 non-conforming Bid Bonds, incomplete or erroneous paperwork. Unbalanced High or Low Unit

Pricing, and/or not habitually performing with the Bidder’s own forces.

6. Solicitation Rejection Notification - Should the City reject a response for any reason, the Submitter shall be notified. In case of such rejection, the City will return the Bid Bonds to the Respondent(s).

No other part of a Respondent's Submission will be returned.

B. Solicitation Submission

1. Electronic/digital Submissions - Follow instruction on the portal for bid submission – all required forms are indicated as such.

2. Each solicitation response must be submitted in the prescribed format. All blank spaces must be filled in as noted. Responses must give the prices in numerical figures. No changes shall be made to the City’s documents for any reason.

3. The Respondent shall sign their Response in the blank space provided for this purpose. If the solicitation response is made by a partnership or corporation, the name and address of the partnership or corporation shall be indicated and the Response Submission must be acknowledged by a corporate officer as applicable. Any partner of corporate stockholder owning 25% or more of the business shall also be disclosed.

4. The City may consider any Submission not prepared and submitted in accordance with the provisions hereof, and may, at its option, waive any informalities.

5. No Respondent may withdraw a submission within one hundred twenty (120) days after the actual date of the opening thereof.

2.26. 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 mailto:purcashing@newhavenct.gov

• 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.

2.27. Bid not Contractual

Nothing contained in this Invitation to Bid shall create any contractual relationship between the RESPONDENT and the City. The City accepts no financial responsibility for costs incurred by any RESPONDENT regarding this

Invitation to Bid.

2.28. Execution of Contract

A. In executing the Agreement, the Awardee will be required to reaffirm and restate all representations made in its Response Submission.

B. After the notice of award and within ten (10) days after the prescribed forms are presented for signature, the Awardee shall execute and deliver to the City the Agreement in the form included in the

Contract Documents, in such number of copies as the City shall require.

C. The failure of the Awardee to execute such Agreement, pay any taxes due, to supply the required bonds or submit the Certificate of Insurance, all within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City grants based upon reasons determined sufficient by the City, shall constitute a default and the City reserves the right to any remedies available at law or in equity including pursuit of Bid Bond. The City may either award the

Contract to the next lowest responsible Respondent or re-advertise the Solicitation.

D. Performance Labor and Material Bonds - (see Project Summary for applicability)Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Respondent shall, within the period specified in paragraph "A" above, furnish a bond in a penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and a labor and material bond for payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. Such bonds shall be in the same form as those included in the Solicitation Documents and shall bear the same date, or a date after that of the Agreement. These bonds shall be signed and issued by a guaranty or surety company satisfactory to the City, authorized and qualified to do business in the State of Connecticut, and listed in the latest issue of the U.S. Treasury Circular 570, and the penal sum of any such bond shall be within the maximum specified for such company in said Circular 570. The current power of attorney for the person who signs for any surety company shall be attached to such bonds.

E. Commencement of Work – The City will not be responsible for payment of any work performed or materials supplied by the successful respondent before the Contractor receives a fully executed agreement unless an emergency situation has been declared by a City employee duly empowered to do so, and the vendor receives written authorization from this individual to proceed. Note: Responsibility for payment shall be limited to only that work deemed necessary by the

City to alleviate the immediate emergency

3. Awarding of Contract

3.1. Award of Contract

A. No contract shall be awarded to any contractor, if the entity, or any owner, officer or director thereof is delinquent in any tax or other financial obligation to the city, including, without limitation, a current or ongoing contract dispute concerning performance under an agreement with the municipal government if, in the opinion of the Corporation Counsel, the current or ongoing contract dispute is related to the requirements of the solicitation.The fact that any other entity of which the owner or principal of any contractor is an officer or director is delinquent in the payment of any tax or other financial obligation to the city, shall be a negative factor in the selection or award of such contractor until such obligation is settled.

B. The City will endeavor to award a contract for this Solicitation within one hundred and twenty (120) days after the date of the Solicitation opening. All Respondents acknowledge their Response submittal will be valid for the duration of the one hundred and twenty (120) days timeframe.

C. The City reserves the right to separately Solicitation or secure pricing from additional contractors that may relate to the goods and/or services in the instant Solicitation, whether or not such goods and/or services are additional to the quantities stated in the instant Solicitation.

D. The City of New Haven reserves the right to award one or more contracts as a result of this solicitation.

E. The City will not award to any contractor who is ineligible under any of applicable regulations issued by the Secretary of Labor and United States Department of Labor.

F. The City will not award to any contractor who is not qualified under applicable State and local laws and regulations.

G. Without limiting the generalities of the foregoing, a contractor will be deemed ineligible if they are not current with any taxes or other outstanding obligations to the City of New Haven.

H. Should a Contract be awarded, it will be awarded by the City to the lowest responsible qualified

Respondent based on the lowest Base Bid.

I. Availability of funds – The awarding of all contracts is contingent upon the availability of appropriate funds. If funding is not available at the time of award and/or execution of the contract the City reserves the right to cancel the Solicitation.

J. All Bid Bonds will be returned to all Respondents upon the execution of the contract documents to the awarded Respondent.

K. Certificate of Insurance must be email to project manager (see award notice) and to

NHpurchasingCOI@newhavenct.gov

3.2. 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.

3.3. Payment Policy

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

3.4. 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 mailto:NHpurchasingCOI@newhavenct.gov 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

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

3.5. 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?

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

3.6. Electronic Invoice Policy

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

3.7. Price Adjustments

Fixed Price with Potential Adjustments

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

While the initial bid must be a fixed price, the City may, at its sole discretion, consider adjustments if the cost of specified materials, components, or labor demonstrably fluctuates by more than 10% during the contract term. Crucially, the responsibility to request any such adjustment rests entirely with the awarded bidder, 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.

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

4. City Requirements

4.1. 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.