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considered as liquidated damages and not a penalty for failure of the Offeror to <br />execute the contract. Failure of an Offeror to negotiate in good faith for a contract <br />following the submission of a Bid or Proposal shall constitute grounds for retention of <br />Bid security, but the mere failure of a bidder or proposer to reach agreement with the <br />city concerning any terms and conditions of the contract that were reserved for <br />negotiation shall not be grounds for the retention of Proposal security. <br />Notwithstanding the foregoing, Bid or Proposal security shall be returned upon <br />expiration of the period for which the Bids or Proposals are irrevocable unless an <br />Offeror agrees in writing to extend its Offer or, in the case of the Offeror selected for <br />award, the execution of a contract is delayed by the Offeror. <br />RCPS <br />6.7 <br />EQUEST FOR LARIFICATION OR TO ROPOSEUBSTITUTION OR <br />M. <br /> Every Invitation to Bid and Request for Proposals shall describe the <br />ODIFICATION <br />process by which a potential Offeror may request in writing that the Solicitation Agent <br />clarify any provision of the Solicitation Documents, or propose a change, modification or <br />substitution, including, without limitation, a modification to contract terms or conditions or <br />a modification of the plans or Specifications for a project. Unless the Solicitation period is <br />shorter than one week, requests for changes or clarification shall be submitted at least five <br />(5) days prior to the date of the Closing and the city shall respond to each request at least <br />seventy-two (72) hours prior to the Closing.If the Solicitation is open for less than seven <br />(7) days, potential Offerors shall be allowed at least one day after the Issue Date to submit <br />requests for changes and the city shall issue its response to each request at least twenty-four <br />(24) hours prior to the Solicitation Closing. A clarification to a potential Offeror, whether <br />orally or in writing, does not change the Solicitation Documents and is not binding on the <br />city unless the city amends the Solicitation Documents by Addenda. Failure to timely <br />request clarification or submit a request for substitution or modification shall be deemed <br />acceptance of all of the terms and conditions of the Solicitation Documents. <br />ASD. <br />6.8 <br />DDENDA TO OLICITATION OCUMENTS <br />6.8 .1F. <br /> Changes to Solicitation Documents, including documents used to obtain <br />ORM <br />informal Quotes or Proposals, shall be made by written Addenda. Addenda to an <br />Invitation to Bid may only be made as pre-closing Addenda as provided in subsection <br />6.8.3. In all other cases, Addenda may be issued as pre-closing Addenda or as post- <br />closing Addenda. The acknowledgement by an Offeror of receipt of all Addenda <br />shall be a condition of Responsiveness.Acknowledgement of Addenda issued prior <br />to the Closing of an Invitation to Bid or Request for Proposals, shall be acknowledged <br />on the Bid or Proposal form, or separately by letter, prior to the Solicitation Closing. <br />6.8.2D. <br /> Addenda shall be sent by mail, fax, e-mail or any method reasonably <br />ISTRIBUTION <br />likely to reach every prospective Offeror on file with the city at the addresses for <br />receipt of Addenda in the registration records described in Section 6.5. Addenda will <br />not be issued to Persons who are not eligible to submit Offers. <br />6.8 .3T. <br /> Pre-closing Addenda shall be issued at least seventy-two (72) hours <br />IMELINESS <br />prior to the Closing, unless otherwise stated in the Solicitation Document or issued for <br />Article 6 General Rules for Solicitations Page 30 <br />Exhibit A to Administrative Order No. 44-08-06-F <br /> <br />