Lower Manhattan recovery campaign planning, April 2002

NYC 9/11 Public Portal Document

VI. PROPOSAL CONDITIONS, TERMS AND LIMITATIONS

In addition to those stated elsewhere, this document requesting proposals and any transaction resulting from such proposals are subject to the conditions, terms and limitations stated herein and as follows:

I. The Respondent and its principals must complete a background questionnaire and be subject to investigation by EDC and the City’s Inspector General. The designation may be revoked in EDC’s sole discretion if any derogatory information is revealed by such investigation. For example, an applicant under this document requesting proposals may be rejected if he or she, as an individual, any business entity applicant or any principal shareholder, partner or member of a business entity applicant or any person or entity associated with the respondent, in EDC’s sole discretion, is determined to have been convicted of a felony or crime involving moral turpitude, to be an “organized crime figure,” to be under indictment or criminal investigation, to be in arrears or in default on any tax, debt, contract or obligation to or with the City or State of New York or otherwise to be a “prohibited person” as defined by the City.

2. Neither EDC nor the City is obligated to pay and shall not pay any costs incurred by any applicant at any time unless EDC or the City has expressly agreed to do so in writing.

3. This is a Request for Proposals, not a Request for Bids. EDC shall be the sole judge of each response’s conformance with the requirements of this document and of the merits of the individual proposals. EDC reserves the right to waive any conditions or modify any provision of this document with respect to one or more applicants, to negotiate with one or more of the applicants with respect to all or any portion of any project, to establish additional terms and conditions, to encourage applicants to work together, and/or to reject any or all responses, if in its judgment, it is in the best interest of EDC and the City to do so. If all proposals are rejected, this letter requesting proposals may be withdrawn and the communications services sought herein may be resolicited. In all cases, EDC shall be the sole judge of the acceptability of the proposals.

4. EDC is dedicated to furthering the participation of minority and women-owned businesses in its work. All respondents are urged to include in their proposals methods for facilitating the participation in the project of businesses that have been certified by the New York City Department of Business Services (“DBS”) as being women-owned or minority-owned. This can take any form a respondent considers appropriate including, but not limited to, proposals Intended to ensure the utilization of certified minority- and women-owned businesses as subcontractors or as joint venture partners. Businesses that have been certified as being women- or minority-owned by the Port Authority of New York and New Jersey or the New York State Department of Economic Development may be eligible to receive expedited certification from DBS after completing the DBS “Expedited Certification Affidavit”, which may be obtained by calling EDC’s Contract Administration and Procurement Department at (212) 312-3969.

5. All proposals and other materials submitted to EDC in response to this Request for Proposals may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York (“FOIL”). The entity submitting a proposal may provide in writing at the time of submission a detailed description of the specific information contained in its submission, if any, which constitutes a trade secret or which would, if disclosed, harm such entity’s competitive position. This characterization shall not be determinative, but EDC will use

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