With no explanation, chose the best option from "A", "B", "C" or "D". in Bond Defaidt Manual 1, 4: "[A] bid bond provides that if the bidder submitting the bid that the owner intends to accept does not enter into a contract and provide other documents required by the contract (such as performance and payment bonds) the surety may be called upon to pay some amount to the obligee.... [Thus], the bid bond provides protection to the obligee that is forced to enter into a higher contract amount as a result of the lowest responsible bidder failing to fulfill the requirements necessary to enter into the contract itself.” See also Russell, supra note 3, at 37-38; 5 Construction Law ¶ 17.06. 25 . See Chem. Bank v. Stahl, 272 A.D.2d 1, 14, 712 N.Y.S.2d 452 (1st Dep't 2000); cf. Fasolino Foods Co. v. Banca Nazionale del Lavoro, 961 F.2d 1052, 1056 (2d Cir.1992) (<HOLDING>); see generally PSE Consulting, Inc. v. Frank

A: holding that claim for breach of good faith and fair dealing was precluded but only because there was not an express agreement between the parties
B: holding that breach of good faith and fair dealing claim requires showing of breach of contract
C: holding that where the conduct forming the basis of the plaintiffs breach of duty of good faith and fair dealing claim is the same conduct forming the basis for the breach of contract claim the claims merge and there is no separate cause of action for breach of duty of good faith and fair dealing
D: holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations
A.