The Wyandanch Union Free School District is not responsible for proposals opened prior to the opening if proposal number and opening date do not appear on the envelope. The proposer assumes the risk of any delay in the mail, or in the handling of the mail by employees of the Wyandanch Union Free School District, as well as improper hand delivery. Each Respondent shall submit with its proposal assurance that its proposal will remain valid for at least ninety (90) days after the proposal due date. Such assurance shall be equal to ten percent (10%) of the total amount of the Project in Respondent's proposal and shall be in the following form: a standard bid bond issued by a qualified insurer that has an AM Best rating of "secure" and (A)(VII), or better, and is licensed in New York State, or a cashier's check drawn on a New York bank. In the event the ESCO attempts to withdraw the proposal, or the ESCO fails to execute a contract within the timeline provided in the RFP, the proposal security shall be forfeited as liquidated damages to the District. The District reserves the right to amend this RFP for any reason or based upon questions and issues raised at the pre-proposal meeting and/or received in writing during the proposal process. Participating ESCOs represented at the pre-proposal meeting will receive any such amendments in writing. Proposals will be accepted only from contractors represented at the pre-proposal conference. This RFP does not commit the District to award a contract, pay any cost incurred in the preparation of a proposal in response to this RFP, or to procure or contract for services. The District intends to award a contract on the basis of the best interest and advantage to the District, and reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with all qualified ESCO Proposers/Respondents (hereinafter referred to interchangeably as "Proposer" and/or "Respondent"), or to cancel this RFP in part or in its entirety, if it is in the best interest of the District to do so. The District may select as the successful Proposer that proposal which, in the District's sole discretion and with whatever modifications the District and the Proposer may mutually agree upon, best meets the District's requirements whether or not that proposal is the lowest priced. No Proposer shall have any legal, equitable, or contractual rights of any kind arising out of its submission of a proposal except as and to the extent that the District, in its sole discretion, shall enter into a contract with the Proposer that it selects as the successful ESCO. All contracts submitted as a result of this Request for Proposals are subject to the review and approval of the District's legal counsel.
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