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Bid/Inquiry Response Form Please Read and Return Immediately

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Bid/Inquiry Response Form Please Read and Return Immediately BID/INQUIRY RESPONSE FORM PLEASE READ AND RETURN IMMEDIATELY Bid/Inquiry No: Q16-6022MS 123 Main Street Due Date: 03/10/2016 White Plains, New York 10601 Attention: Margarita Soto Site Visit Date: 02/16/2016 RESPONSE (CHECK One) __ Yes, we will submit a proposal for the above Bid/Inquiry. __ No, we are unable to submit a proposal at this time. REASON(S) FOR NOT BIDDING (Check all applicable boxes) __ Not our scope of work. __ Present work load too heavy at this time. __ Scope of work too small. __ Scope of work too large. __ Not enough time to bid. How much more time needed? _________________ __ Specification requirements too stringent (Please explain on separate paper). __ Commercial requirements too stringent (Please explain on separate paper). __ Contract Reporter notification received too late to respond. Date Received _________________. __ Unable to meet Bond Requirements. __ Unable to meet Insurance Requirements. __ Unable to submit a competitive bid at this time. __ Key personnel unavailable at this time. __ Cannot meet Delivery or Schedule Requirements. __ Lack of experience. __ Other (Please Explain). IF YOU ARE UNABLE TO SUBMIT A BID, DO YOU WISH TO RECEIVE FUTURE SOLICITATIONS FROM THE NEW YORK POWER AUTHORITY? ___ YES ___ NO Name Company (Please Print) Date Telephone No. (Mail or Fax this form to FAX No. (914) 681-6783) NEW YORK POWER AUTHORITY CONFIDENTIALITY AGREEMENT This Confidentiality Agreement (“Agreement”) made as of ________________ is between the New York Power Authority (“NYPA”), having an office at 123 Main Street, White Plains, New York 10601, and _____________________________ (“Bidder”) with offices at____________________________________________________. WHEREAS, NYPA has issued a Request for Proposals (“RFP”) No. Q16-6022MS entitled SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS PROJECT located at the CHARLES POLETTI POWER PLANT, Astoria, New York, (the “RFP”); and WHEREAS, in order for prospective Bidders to submit its proposal to provide SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS, NYPA will provide Confidential Information (as defined below) to the Bidder and, accordingly, the Bidder, as a condition of receiving the Confidential Information from NYPA, has agreed to enter into this Confidentiality Agreement with NYPA for the protection of the Confidential Information; NOW, THEREFORE, in consideration of the terms and conditions as herein set forth, NYPA and the Bidder agree as follows: 1. In connection with the RFP issued by NYPA, NYPA is furnishing the Bidder with certain Confidential Information (as defined below) regarding NYPA’s operations that are non-public, confidential or proprietary in nature. 2. As used in this Agreement, “Confidential Information” shall mean (i) any and all information (whether written, digital or in any other form) contained in the RFQ and/or any other documents provided to the Bidder relating to the physical structure, the security and the operation of NYPA power plants such as building plans, major system and equipment specifications, site layouts, etc., (ii) oral disclosures of information or data relating to the physical structure, security and the operation of NYPA power plants (iii) information or data obtained as a result of visual access to such information during site visits; or specifically (iv) preliminary assessment reports, photographs, and lead/asbestos abatement reports. 3. Confidential Information shall not include any information or data that is (i) generally available from public sources or in the public domain through no fault of the Bidder, (ii) received at any time from any third party without breach of a nondisclosure obligation to NYPA (iii) developed independently by employees of the Bidder who had no access to Confidential Information of NYPA or known to Bidder prior to its disclosure by NYPA (iv) required to be disclosed by law; or (v) approved for disclosure without any confidentiality obligation by NYPA. 1 Confidentiality Agreement Q16-6002MS 4. Bidder shall only use the Confidential Information for the purpose of submitting a proposal to provide SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS and developing a response to the RFQ. In addition, the Bidder agrees that it will not use the Confidential Information for any other purposes, including but not limited to promotional purposes in any manner or in any form, and will not copy or modify the Confidential Information, or make any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by NYPA. 5. In order to preserve the confidentiality of the Confidential Information, Bidder shall: (a) protect and preserve the confidential and proprietary nature of all Confidential Information and use the same care and discretion to avoid disclosure of Confidential Information as the Bidder uses with respect to its own confidential information; (b) hold the Confidential Information in the strictest confidence and not disclose any Confidential Information to any persons other than Bidder’s employees or representatives of Bidder who need to know the Confidential Information for the purposes described in the RFQ; (c) not use or make any records or copies of, or permit anyone else to use or make any copies of, the Confidential Information, except as may be required by the Bidder for the purposes of the Request for Proposals; (d) notify NYPA immediately of any loss of misplacement of NYPA’s Confidential Information, in whatever form. (e) comply with reasonable security procedures as may be requested by NYPA from time to time for protection of the Confidential Information, including without limitation, procedures concerning the transportation, storage and use of Confidential Information and computer and/or data processing media containing any Confidential Information. 6. In the event the Bidder is required by subpoena, court order or other similar process to disclose Confidential Information, it shall (unless prohibited from doing so by law or by court order) provide NYPA with immediate written notice and documentation thereof, so that NYPA may seek a protective order or other appropriate remedy. 7. At the conclusion of the RFQ process, or upon the request of NYPA, the Bidder must immediately, at NYPA’s option: (a) return to NYPA all NYPA’s Confidential Information that was supplied to the Bidder by NYPA or any other of NYPA’s Confidential Information in the control or possession of the Bidder; or 2 Confidentiality Agreement Q16-6022MS (b) destroy the Confidential Information and permit NYPA to witness the destruction, and delete, and ensure the deletion of, all the Confidential Information that consists of machine readable records; and (c) promptly upon completion by the Bidder of its obligations herein, the Bidder must certify to NYPA that all the Confidential Information has been returned, destroyed and deleted. 8. The obligations of the Bidder under this Agreement shall remain in effect even if (i) the purpose of this Agreement is completed or terminated and/or (ii) the Bidder has returned, destroyed or deleted the Confidential Information in accordance with this Agreement. 9. This Agreement is made in, and shall be interpreted, construed, governed and enforced in accordance with the laws of the State of New York. Each of the parties hereby agrees to submit to the nonexclusive jurisdiction of the United States District Court for the Southern District of New York and/or any New York State Supreme Court sitting in Westchester County for the purposes of all legal proceedings arising out of or relating to this Agreement. Each of the parties hereby irrevocably waives, to the fullest extent permitted by law, any objection to the selection of this venue and any claim that any proceeding brought in such a court has been brought in any inconvenient forum. 10. In the event a court of law finds any provision of this Agreement void and unenforceable, the remaining provisions shall remain in full force and effect. Name of Bidder: ___________________________________ POWER AUTHORITY OF THE STATE OF NEW YORK By: ________________________________ By: _Margarita Soto___________ (Type or Print your name) (Type or Print your name) By: ________________________________ By: _____________________________ (Signature) (Signature) Date: _______________________________ Date: ______02/12/2016_____________ 3 Confidentiality Agreement Q6-6022MS SEND YOUR QUOTATION TO: NEW YORK POWER AUTHORITY ATTN: PROCUREMENT DIVISION 123 MAIN STREET WHITE PLAINS, N.Y. 10601 THIS IS NOT A PURCHASE ORDER BIDDER MUST SUBMIT QUOTATION ON THIS FORM _______________________________________________________________________ REQUEST FOR QUOTATION RFQ number/date TO ALL BIDDERS 6000163590 / 01/29/2016 Contact person/Telephone MARGARITA SOTO/914-287-3089 E-Mail Address [email protected] Your vendor number with us Our fax number 100 914-681-6783 Our reference Q16-6022MS Delivery Point: Quotation Due by CHARLES POLETTI POWER PLANT Close of Business: 03/10/2016 NEW YORK POWER AUTHORITY Delivery date: 12/28/2016 31-03 20th AVENUE ASTORIA NY 11105 Deliv. terms: DDP DESTINATION / JOB SITE Payt. terms: NET DUE WITHIN 30 DAYS FEBRUARY 11, 2016 INQUIRY NO. Q16-6022MS SUBJECT: SCREENWELL INTAKE DECK REHAB SERVICE PLATFORM DEMOLITION & SHORELINE REPAIRS PROJECT REQUEST FOR PROPOSAL THE NEW YORK POWER AUTHORITY (HEREAFTER, THE "AUTHORITY" OR"NYPA") INVITES YOU TO SUBMIT A FIRM LUMP SUM PRICE PROPOSAL TO FURNISH ALL LABOR, SUPERVISION, MATERIALS,
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