To: Individuals Accessing MERX
Subject: Bruce Power Confidential Information
All information related to the competitive procurement process (the “Process”), including all documents uploaded in the dataroom or otherwise referenced in the governing Process documents (such as a request for information or request for proposal) (collectively, the “Documents”), is considered confidential information (“Confidential Information”).
Access to the Confidential Information is granted strictly for purposes related to the Process and preparation of a response for Bruce Power’s review and consideration.
Any access of, acceptance or retention of any or all of the Documents, in whole or in part, is evidence of your acknowledgement of the sensitive and confidential nature of the information contained in the Documents and your acceptance of the obligation to maintain the confidentiality of the Documents, including but not limited to the obligation to comply with applicable export control laws (as such obligations may be further described in the Process documents).
No part of the Documents may be accessed, reproduced, published, converted, or stored in any data retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise) except unless explicitly permitted by the Process documents.
By accessing the Documents in the dataroom, you agree that a breach of any of the covenants set out and referenced herein shall have material and adverse consequences to Bruce Power and may also prejudice significantly Bruce Power’s competitive position, interfere significantly with Bruce Power’s contractual or other negotiations and that damages arising from the breach may be difficult to calculate and inadequately compensable in damages. Accordingly, you agree that should you breach any provision herein, that in addition to any other right or remedy at law or in equity, Bruce Power L.P. will be entitled to an immediate injunction or other appropriate order to restrain any such breach without quantifying the damage sustained.
If you become legally compelled to disclose any Confidential Information, you will provide Bruce Power with prompt notice to that effect in order to allow Bruce Power to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure and shall cooperate with Bruce Power and its legal counsel to the fullest extent. If such protective orders or other remedies are not obtained, you will disclose only that portion of the Confidential Information that you are legally compelled to disclose and will provide notice to each recipient that such information is Confidential Information and subject to non-disclosure on terms and conditions equal to those contained in this acknowledgement.
Neither Bruce Power, nor its respective subsidiaries, employees, officers, directors or agents makes any representation or warranty, express or implied, as to the accuracy or correctness of the enclosed information and disclaims any and all liability for any consequences as a result of, or in any way related to, the reproduction or use of any information in the Documents, in whole or in part.
All references to “your” includes you and your organization and any proposed subcontractors who are or may be in receipt of the Confidential Information. You are responsible for all Confidential Information reviewed or in receipt by your organization and the proposed subcontractors. At the request of Bruce Power, you are required to return or destroy all Confidential Information reviewed or in receipt by your organization and the proposed subcontractors.
Notice of Request for Proposal (“RFP”)
Bruce Power Engineering MATOC
November 05, 2018
Introduction
Bruce Power operates the world’s largest operating nuclear generating facility and is the source of 30 per cent of Ontario’s electricity. The company’s site in Tiverton, Ontario, is home to eight CANDU reactors: Bruce A is composed of Units 1 through 4 and Bruce B is composed of Units 5 through 8. Formed in 2001, Bruce Power is an all-Canadian partnership among Borealis Infrastructure Trust Management (a division of the Ontario Municipal Employees Retirement System), TransCanada, the Power Workers’ Union and The Society of Energy Professionals. A majority of Bruce Power’s employees are also owners in the business.
Bruce Power and the Independent Electricity System Operator (IESO) have entered into an amended long-term agreement to secure 6,300 megawatts (MW) of electricity from the Bruce Power site, through a multi-year investment program.
Nuclear Non-Proliferation Import and Export Control Regulations
Please be advised that some of the documentation in the RFP is considered “controlled nuclear information” in respect of the Nuclear Non-Proliferation Import and Export Control Regulations and therefore requires an import/export license to send this information outside of Canada.
Bruce Power does NOT have and is NOT obtaining an import/export license for transmitting this RFP documentation to any third party interested in reviewing and/or responding to the RFP (a “Proponent”). As such in order to obtain and view the RFP, any interested Proponent located within Canada (with servers located in Canada) or who can make arrangements to view the information in Canada (on Canadian Servers) should submit a Request for RFP (refer to Schedule A) in accordance with the instructions specified on the form.
Once Bruce Power has verified that the Proponent is located within Canada and/or can view the documentation within Canada – access to the RFP will be provided. It should be noted that under no circumstance can controlled nuclear information (physical or electronic) be transmitted outside of Canada.
Scope of Work (the “Work”)
Bruce Power has a significant Engineering work program for 2019 and beyond, and is seeking a partnership with designated Suppliers capable of providing various Engineering Services including preliminary, conceptual and detailed designs for projects within the Bruce Power Nuclear Generating Station A and Station B (the “Engineering Services MATOC”).
- Potential work will be divided into the following 8 buckets (each a “Bucket”) of work:
- Electrical Equipment;
- Designated Specialized Engineering ;
- Mechanical Equipment;
- Instrumentation and Controls;
- Rotating Equipment;
- Fuel Handling:
- Valves; and
- Emergent Work
Timeline/Path Forward
Notice of RFP Issue Date: November 05, 2018
RFP Site Meeting Date: Tentatively scheduled week of November 19, 2018. To be specified in RFP.
RFP Response Due Date: January 11, 2019
Bruce Power Representative
All questions related to this Notice of RFP must be directed via email to the Bruce Power Supply Chain representative. Failure to adhere to these instructions may result in disqualification from the RFP process:
Lucy Khudair- Contract Administrator, Supply Chain
lucy.khudair@brucepower.com
(the “Bruce Power Representative”)
Schedule A – Request for RFP
To be considered for inclusion in the RFP, Proponents must contact Bruce Power as soon as possible to request the RFP. The request shall be provided by fully completing and returning this Schedule A to the Bruce Power Representative. Once Bruce Power has verified (a) that the Proponent understands the requirements of the Nuclear Non-proliferation Import and Export Control Regulations and, (b) is located within Canada and/or can view the documentation within Canada – access to the RFP will be provided.
Dear Bruce Power,
Yes, our organization would like to request a copy of the RFP.Firm Name:
Firm Address:
Location (Country) of Firm’s Servers:
Contact Name:
Telephone No.:
Email Address:
Does your organization have offices outside of Canada?
Yes
No
Is it possible your organization may partner with/use subcontractors outside of Canada?
Yes
No
How will your organization ensure that the RFP documentation is not transmitted (physically or electronically) outside of Canada?
Clarify how your organization will ensure that documentation will not be stored on a server outside of Canada.
Please provide the following information for each individual within your organization that would need to access the information. NOTE 1: The individuals accessing the information will be able to print the documents, but will not be able to electronically send them to anyone. NOTE 2: Your organization needs to be able to use the FileOpen plugin associated with Adobe to view the RFP files.
- First Name / Last Name
- Email Address
- Organization
- Work Location
Acknowledgement
Our organization understands that some of the documentation in the RFP is considered “controlled nuclear information” in respect of the Nuclear Non-Proliferation Import and Export Control Regulations and therefore requires an import/export license to send this information outside of Canada.
Our organization shall further inform itself and its Subcontractors as to the compliance requirements of the Nuclear and Safety Control Act (Canada), including the Nuclear Non-proliferation Import and Export Control Regulations, and shall not do or fail to do anything, and shall ensure that the Subcontractors not do or fail to do anything, that causes our organization, any Subcontractor or Bruce Power to be in violation of such act and its regulations.
We acknowledge that Bruce Power does NOT have and is NOT obtaining an import/export license for transmitting this RFP documentation to the Proponents.
Should we be required to disseminate information outside of Canada, we shall: 1) identify this requirement to Bruce Power immediately, and 2) seek an import/export license from the CNSC in accordance with the Nuclear Non-Proliferation Import and Export Control Regulations.
We further acknowledge that the Notice of RFP was posted to Merx on November 05, 2018, and the RFP due date is January 11, 2019. Depending on when we contact Bruce Power (via Schedule A), we may have more, less or equal time to respond to the RFP in comparison to the other Proponents.
IN WITNESS and express support of the foregoing, Proponent has caused its duly authorized representative(s) to deliver this signed acknowledgement and request to BPLP this ______ day of _______________________, 2018.
_________________________________
Proponent Full Legal Name Here
________________________________
Name:
Title:
_________________________________
Name:
Title:
