PREQUAL-130-13506 - Prequalification SCADA Substation Controls Upgrade Project.pdf
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- Solicitation number
- PREQUAL-130-13506
- Issued by
- Grays Harbor County, Washington
About this file
This is a Contractor Prequalification Application for the Supervisory Control and Data Acquisition (SCADA) Substation Controls Upgrade Project issued by Public Utility District No. 2 of Grant County, Washington. The District seeks to prequalify experienced electrical, controls, and SCADA integration contractors for a competitively bid Unit-Priced Time and Materials public works contract supporting SCADA modernization at the White Trail and Braden Substations located in Washington. The work includes installation, integration, testing, commissioning, troubleshooting, and cutover of new SCADA equipment and control system infrastructure. Anticipated services encompass SCADA equipment installation and replacement, RTU and PLC installation and configuration, network device installation, SCADA panel modifications, fiber optic connections, point-to-point verification, factory and site acceptance support, system commissioning, troubleshooting, documentation updates, and outage coordination support. Applications must be submitted by November 3, 2026, at 2:00 PM PST. The anticipated contract award is scheduled for Q1 2027, with contract completion dependent upon award timing but targeted for Q4 2027. No minimum quantity of work is guaranteed; the District reserves the right to add, modify, suspend, reprioritize, or discontinue work based on operational needs and funding availability.
Applicants must demonstrate at least ten years of experience with similar SCADA equipment installations in utility substations and provide evidence of at least five previous projects involving SCADA equipment installation and testing. Required key personnel include an onsite superintendent with ten years of relevant experience, a project manager with ten years of post-tension anchor installation experience (noting an apparent inconsistency in the document), and a scheduler with three years of experience and Primavera Project Planner certification. Applicants must provide proof of current Washington contractor registration under RCW 18.27, a Unified Business Identifier number, bonding capacity letter from a surety company, and comprehensive insurance including Commercial General Liability of $1,000,000 per occurrence, Workers' Compensation as required by law, Automobile Liability of $1,000,000 per accident, Excess Liability of $5,000,000, and Professional Liability/Network Security Insurance of $10,000,000 per claim. Prevailing wage compliance is required per Washington State Department of Labor & Industries standards. Applications must include project references from the last three years, company resume, organizational chart, technical proposal with work sequencing and progress estimates, and executed Non-Disclosure Agreements protecting Critical Energy Infrastructure Information, Security Sensitive Information, and Bulk Electric System Cyber System Information. All submissions require notarized certification and must be delivered via courier, hand delivery, or email to Procurement Officer Beau Schwab at bschwab@gcpud.org.
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Contractor Prequalification 130-13506
APPLICATION FOR CONTRACTOR PRE-QUALIFICATION
for
Supervisory Control and Data Acquisition (SCADA) Substation Controls Upgrade Project
CONTRACT NO. 130-13506
Grant County Public Utility District No. 2
30 C Street SW Ephrata, WA 98823
Submission Deadline: November 3rd 2026, 2:00PM PST
Under the provisions of Title 54.04 of the Revised Code of Washington, Contractors wishing to be considered by Public Utility District No. 2 of Grant County, Washington (the “District”) for designation as a pre-qualified Contractor for the proposed SCADA Substation Controls Upgrade Project, are required to complete the following application and to submit all information as may be required in support thereof.
Please see Appendix “A” for a general description of the project.
Designation as pre-qualified Contractor is required for Contractors to be eligible to bid as a Prime Contractor on the proposed SCADA Substation Controls Upgrade Project. This Contractor Pre-qualification is to prequalify applicants as Prime/General Contractors experienced in the business of installing and integrating electrical, controls, and SCADA equipment in a Utility Substation.
Note that in the State of Washington, RCW 39.06.020 states that verification requirements and responsibility criteria must be included in every public works contract and subcontract of every tier. This includes registration of Contractors per 18.27 RCW.
PROJECT SUMMARY
The District is seeking to prequalify experienced electrical, controls, and SCADA integration contractors for a competitively bid Unit-Priced Time and Materials (T&M) Public Works Contract supporting SCADA modernization activities at the White Trail and Braden Substations. The contract will provide a flexible procurement vehicle for installation, integration, testing, commissioning, troubleshooting, and cutover activities associated with new SCADA equipment and related control system infrastructure. The contract structure is modeled after the District’s established Unit-Priced public works contracting approach and will be administered through written task authorizations issued by the District.
INSTRUCTIONS TO APPLICANTS
Three copies of the application shall be delivered by courier (Federal Express or United Parcel Service only), or hand delivered/dropped-off by Applicant, or submitted to email address below no later than November 3rd, 2026, 2:00PM PST.
Beau Schwab, Procurement Officer Public Utility District No. 2 of Grant County, WA 30 C Street SW Ephrata, WA 98823 Email: bschwab@gcpud.org
The application submittal shall include the filled out and executed Application for Contractor Prequalification and as a minimum all documents and attachments requested herein.
mailto:bschwab@gcpud.org
Questions, comments, and all correspondence regarding this Application for Contractor Prequalification shall be made to the District above email account no later than five business days prior to the due date of the prequalification submittal. The District may make clarification, if any, in writing and distribute to all Applicants, as needed.
The prequalification of each Applicant will be based on meeting the minimum specified requirements. The following categories will be used in the evaluation of the Applicant’s eligibility for prequalification:
1. Experience in successful completion of similar work.
2. Qualifications and experience of proposed project personnel.
The District reserves the right to reject any prequalification application if the documentation requested is incomplete or does not clearly demonstrate to the District’s satisfaction the Applicant’s required experience and qualification.
The District reserves the right to request additional information and evidence of the Applicant’s qualifications following submittal of the applications and prior to determination of Applicant’s qualifications. The District also reserves the right to contact any and all previous customers of the Applicant to verify the accuracy of information submitted and to obtain additional information that the District deems appropriate for its evaluation.
Failure of the Applicant to timely furnish the application for prequalification, including the requested information and documents, or failure to provide additional information when requested by the District shall constitute sufficient grounds for disqualification. Any determination of disqualification shall be at the sole discretion of the District.
The District will use the information received in response to these applications for the sole purpose of establishing the Applicant’s qualifications and ability to perform the work. This request for information does not constitute a solicitation of bids, nor does it imply any contractual obligations on the part of the District or any other party involved in this process.
APPLICATION FOR CONTRACTOR PREQUALIFICATION
1. Name of Applicant:
2. Mailing Address:
Business:
City: State: Zip:
Country:
E-mail address: @
3. Telephone: FAX:
4. Name of person to be contacted:
5. Indicate whether Applicant is a ( ) Corporation, ( ) Limited Liability Company, ( ) Partnership, or ( ) Sole Proprietorship, or Joint Venture ( ).
6. State or Country in which corporation is incorporated:
7. Names and addresses of principal officers of corporation, limited liability company, or partnership, their length of time with corporation, limited liability company, or partnership, years of experience in this business.
Attachment No./Title:
8. Has Applicant operated under different name in the past 10 years? ( ) YES ( ) NO
Name:
9. Is Applicant a wholly owned subsidiary of another company? ( ) YES ( ) NO
If “YES”, please answer Section 10 through 13 with respect to the Parent Company.
10. Name of Parent Company:
11. Mailing Address of Parent Company:
City: State: Zip:
County:
Corporate Web Address:
12. Telephone: FAX:
13. Please provide contact information of at least two individuals who are empowered to make decisions on behalf of the Parent Company. Provide addresses if different from that in Section 11.
Name: Telephone:
Address:
Name: Telephone:
Address:
14. Number of years Applicant has been in business:
15. Number of years the Applicant has performed work for which Applicant is requesting prequalification for:
16. Has Applicant ever failed to complete any work awarded? ( ) YES ( ) NO
If "YES" notes when, where, and why:
17. Is any legal action, including but not limited to litigation, arbitration, administrative actions or the like currently pending against the Applicant? ( ) YES ( ) NO
18. Has any legal action, including but not limited to litigation, arbitration, administrative actions, or the like been filed against the Applicant within the past two years?
( ) YES ( ) NO
If “YES” was answered to either Sections 17 or 18, please provide description of the matter in dispute including the name of the adverse party and the venue of dispute.
Attachment No./Title:
19. Attach list of clients served within the last three years with names of projects, general scope, locations, contract amounts, and client contact information.
Attachment No./Title:
20. Attach a copy of registration number that shows Applicant is currently a registered contractor under provision of RCW 18.27 No. 223-02-9585. State of Washington, Department of Labor and Industries:
Classification: General License No.
Or specify account number under which industrial insurance, medical aid, etc. payments are reported
21. Provide Unified Business Identifier (UBI) nine (9) digit number per RCW 18.27 and 19.28
22. Attach a general resume setting forth Applicant's experience, technical qualifications, and organizational ability to perform the proposed construction. (Company Resume’)
Attachment No./Title:
23. Attach a letter from Applicant’s surety company stating amount of bonding capacity, to include single project limit, aggregate limit, and current available capacity.
Attachment No./Title:
24. Applicant affirms that Applicant shall, at the expense of Applicant’s organization, provide and maintain during the entire performance of a Contract for SCADA Substation Controls Upgrade Project, at least the kinds and minimum amounts of insurance as follows:
A. Commercial General Liability Insurance, covering all operations by or on behalf of
Contractor against claims for bodily injury (including death) and property damage (including loss of use) with a policy limit of at least $1,000,000 per occurrence, Personal Injury Liability at least $1,000,000 per occurrence, $2,000,000 General Aggregate (per project), and $2,000,000 Products and Completed Operations Aggregate.
B. Workers’ Compensation and Stop Gap Employers Liability. Workers’ Compensation Insurance as required by law for all employees. Employer’s Liability Insurance, including Occupational Disease coverage, in the amount of $1,000,000 for Each Accident, Each Employee, and Policy Limit. The Contractor expressly agrees to comply with all provisions of the Workers’ Compensation Laws of the states or countries where the work is being performed, including the provisions of Title 51 of the Revised Code of Washington for all work occurring in the State of Washington.
C. Automobile Liability Insurance against claims of bodily injury (including death) and property damage (including loss of use) covering all owned, rented, leased, non-owned, and hired vehicles used in the performance of the work, with a minimum limit of $1,000,000 per accident for bodily injury and property damage combined and containing appropriate uninsured motorist and No-Fault insurance provision, when applicable.
D. Excess (or Umbrella) Liability Insurance with a minimum limit of $5,000,000 per occurrence and in the aggregate when combined with underlying primary limits. This insurance shall provide coverage in excess of the underlying primary liability limits, terms, and conditions for each category of liability insurance in the foregoing subsections A, B and C. If this insurance is written on a claims-made policy form, then the policy shall be endorsed to include an automatic extended reporting period of at least five years.
E. Professional Liability/Network Security Insurance: Contractor shall obtain professional errors and omissions liability insurance in an amount of not less than $10,000,000 per claim and in the aggregate. Coverage shall respond to wrongful acts in the rendering of, or failure to render, professional services under this Agreement, electronic data losses or damage or breaches of electronic data security including disclosures of private or Protected Information of the District or any employee, participant or beneficiary of the Services provided by Contractor pursuant to this contract. In the event of a claim and upon the District’s request, Contractor shall provide a copy of its Professional Liability/Network Security Insurance policy. The Professional Liability Insurance retroactive coverage date shall be no later than the effective date of this agreement. Contractor shall continuously maintain such insurance or purchase an extended reporting period providing that claims first made and reported to the insurance company within two years after termination of the Agreement will be deemed to have been made during the policy period.
If Contractor shall hire subcontractor for all operations and risk involving professional network services exposure, this requirement may be satisfied by subcontractor’s policies.
Contractor shall impute the insurance requirements stated in this section to subcontractor by written contract or written agreement. Any exceptions must be mutually agreed in writing with the District.
25. Applicant affirms that Applicant will pay wages and benefits for craftsmen employed on District work which prevail in the locality on the work as determined by the Washington State Department of Labor & Industries.
26. ORGANIZATION: The Applicant shall provide an organizational chart which identifies key personnel and key portions of the Applicant’s organization, their function and relationship to each other and to the Applicant’s management structure.
Attachment No./Title:
27. STATEMENT OF QUALIFICATIONS: Provide a detailed description of the Applicant’s previous experience in SCADA Substation Controls Upgrades for the District to determine if the Applicant meets the following minimum requirements:
A. Applicant shall be in the business of working in and installing utility automation, protection and control systems, SCADA integration, substation electrical construction, communications infrastructure, and commissioning services. The applicant has successfully completed similar projects involving Remote Terminal Unit (RTU) replacements, SCADA panel upgrades, network communications installations, relay and control modifications, system testing, and energized facility cutovers for electric utilities and public power agencies.
B. Our team possesses the personnel, tools and miscellaneous equipment, safety programs, and technical expertise necessary to support the District's objectives while maintaining system reliability and operational continuity.
1. Description of the project scope, installing utility automation, protection and control systems, SCADA integration, substation electrical construction, communications infrastructure, and commissioning services.
2. Indicate whether the Applicant acted as the prime Contractor or as a Subcontractor and clearly define which portions of the work were completed by the Applicant or its Subcontractors.
3. Contact information for the projects owner, engineers, and prime Contractor (if the
Applicant was acting as a Subcontractor)
C. Applicant shall provide proof of employment and resumes on the following personnel that shall be on-site during the project execution:
1. Onsite Superintendent – a competent superintendent(s) who shall be on the site of the project during all working hours, and who shall have full authority to direct the performance of the work and make arrangements for all necessary materials, equipment, and labor without delay. The superintendent(s) shall have at least 10 years’ experience performing work with similar types of SCADA equipment installations in a Utility Substation.
2. Required experience includes:
a. A minimum of five projects involving installation and testing SCADA equipment.
b. One of the five projects shall involve installation and testing of SCADA equipment.
28. List of applicant-owned specialty equipment, including model name/number, year manufactured and technical information.
Attachment No./Title:
29. Applicant’s proposed Project Manager shall have at least 10 years’ experience performing work with similar types of post tension anchors. Required experience includes at least five projects involving installation and testing of 12-strand or larger anchors. One of the five projects shall involve installation and testing of 20-strand or larger anchors. The Applicant shall provide the District a copy of the authorized Project Manager’s resume showing details of the work experience.
Attachment No./Title:
30. Applicant’s proposed Scheduler for the duration of the project shall have a minimum of three years of experience, be proficient in developing and maintaining schedules for similar construction projects, be certified in Primavera Project Planner (P6), a project management and control software developed by Primavera Systems, Inc. or approved alternate software, and demonstrate effective use of a work breakdown structure and activity ID intelligence reflective of the project’s scope of work. The selected scheduler will be guided by scheduling best practices as presented in documents such as the GAO Schedule Assessment Guide and the PMI CPM Scheduling for Construction.
Attachment No./Title:______________________
31. Attach the following items/information setting forth Applicant’s specific technical proposal for installing the SCADA Substation Controls Upgrade Project:
A. Description of general approach to the project (work sequencing) and estimated rate of progress.
Attachment No./Title:
Note: Signature Block on next page.
Submitted this day of , 20
Name of Applicant
By:
Print Name
Title:
AFFIRMATION
Applicant affirms that it understands that this pre-qualification is for contracting the SCADA Substation Controls Upgrade Project only and will not pre-qualify the Applicant for any other District work, either ongoing or planned in the future.
The District is subject to the disclosure obligations of the Washington Public Records Act of RCW 42.56.
The Applicant expressly acknowledges and agrees that its proposal and any information the Applicant may submit with the proposal is subject to the public disclosure pursuant to the Public Records Act or other applicable law and the District may disclose Applicant’s proposal and / or accompanying information at its sole discretion in accordance with its obligation under applicable law.
Submitted this day of , 20
Signature of Applicant
By:
(Print Name)
Title:
SIGNATURE CERTIFICATION
(FOR CORPORATION)
STATE OF_____________)
County of ___________) On this day personally appeared before me, (name) ________________________, to me known to be the (title) ________________________ of (company) _____________________________, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute the said instrument, and that the statements contained in said instrument and in the attachments thereto are true and correct to the best of his or her knowledge.
SUBSCRIBED AND SWORN to before me this day of , 20 .
Signature of Notary Public (Seal or Stamp)
Title My Appointment Expires
(FOR LLC, PARTNERSHIP, OR SOLE PROPRIETORSHIP)
STATE OF _________)
County of ___________)
On this day personally appeared before me, (name) ______________________________, to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that he or she executed the foregoing instrument at his or her free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they are authorized to execute said instrument and that the statements contained in said instrument and in the attachments thereto are true and correct to the best of his or her knowledge.
SUBSCRIBED AND SWORN to before me this day of , 20 .
Signature of Notary Public (Seal or Stamp)
Title My Appointment Expires
APPENDIX “A” – PROJECT DESCRIPTION
The District is seeking to prequalify experienced electrical, controls, and SCADA integration contractors for a competitively bid Unit-Priced T&M Public Works Contract supporting SCADA modernization activities at the White Trail and Braden Substations. The contract will provide a flexible procurement vehicle for installation, integration, testing, commissioning, troubleshooting, and cutover activities associated with new SCADA equipment and related control system infrastructure. The contract structure is modeled after the District’s established Unit-Priced public works contracting approach and will be administered through written task authorizations issued by the District.
The work will involve replacement and installation of SCADA hardware, RTUs, network communications equipment, control panels, wiring modifications, fiber and communication connections, power supply equipment, and associated configuration, programming, testing, and commissioning services. Contractors may also be required to perform field investigations, equipment retrofits, panel modifications, demolition of obsolete equipment, documentation updates, and operational cutovers necessary to place upgraded systems into service.
Because existing substation conditions, legacy equipment interfaces, communication pathways, wiring configurations, and integration requirements may not be fully known until work begins, the District has determined that a Unit-Priced T&M contract is the most appropriate contracting method. The work is highly site-specific, integration-intensive, and subject to field discovery, making it difficult to accurately define labor quantities and effort in advance. This contract approach allows the District to issue work authorizations as priorities are identified, coordinate work with planned outages and operational requirements, and pay only for labor, equipment, and materials actually utilized.
The successful contractor(s) will furnish qualified personnel, supervision, tools, testing equipment, transportation, and incidental materials necessary to perform the work. Unit-Prices will be competitively established for labor classifications such as SCADA technicians, controls technicians, electricians, relay technicians, network specialists, engineers, and project support personnel. The contract will include defined hourly labor rates, equipment rates where applicable, and provisions governing material markups, invoicing, prevailing wage compliance, insurance, safety requirements, and quality control.
Work will be authorized through written task or work authorizations that define the location, scope, schedule constraints, and not-to-exceed value for each assignment. No minimum quantity of work is guaranteed under the contract. The District reserves the right to add, modify, suspend, reprioritize, or discontinue work based on operational needs, outage availability, funding, and project priorities. Payment will be based on verified labor hours, approved equipment utilization, and actual materials incorporated into the work.
Firms seeking prequalification should demonstrate experience performing SCADA, substation control, automation, communications, protection and control, or electrical utility integration work in energized and operational utility environments. Experience with RTU installation, SCADA networking, control panel fabrication and modification, system commissioning, utility outage coordination, cybersecurity-conscious installations, and integration of legacy utility systems is highly desirable.
1. Primary Work Locations:
A. White Trail Substation
1. Map Coordinates: 47°09'43.90"N 119°43'33.66"W B. Braden Substation
1. Map Coordinates: 47°05'21.54"N 119°43'37.76"W
2. Anticipated Services Include:
A. SCADA equipment installation and replacement B. RTU and Programmable Logic Control (PLC) installation, configuration, and testing C. Network switch, router, and communications device installation D. SCADA panel modifications and wiring E. Fiber optic and communication system connections F. Point-to-point verification and testing G. Factory and site acceptance support H. System commissioning and cutover support I. Troubleshooting and corrective modifications J. As-built documentation and record updates K. Outage and operational coordination support
3. District Fiscal Year
A. The District’s fiscal year begins January 1 and ends December 31, the anticipated schedule for the construction Contract for this project is as follows:
1. Advertise and post solicitation – Q4 2026
2. Contract Award – Q1 2027
3. Contract Completion – (dependent upon Contract Award) Q4 2027
The anticipated schedule is for information only and the District makes no guarantee of these dates.
4. Drawings. The drawings listed below are classified as Critical Energy Infrastructure
Information (CEII). Applicant shall execute a Non-Disclosure Agreement (Appendix “B”) (NDA) prior to receiving the CEII drawings. Executed NDA shall be emailed to Procurement Office, Beau Schwab, bschwab@gcpud.org.
A. Disclaimer – Preliminary Design Information
Drawings, diagrams, sketches, and other design information provided with this prequalification solicitation are preliminary in nature and subject to revision. These documents are furnished solely to provide prospective respondents with a general understanding of the anticipated SCADA installation work and are not intended for construction, bidding, pricing, fabrication, or procurement purposes.
The District makes no representation that the attached preliminary drawings or diagrams reflect final design requirements. Respondents shall not rely upon these documents for quantity takeoffs, cost estimating, means and methods planning, or construction execution. The drawings are provided only to generally illustrate the anticipated removal of existing SCADA equipment and wiring, and the installation of new SCADA equipment, wiring, and associated components.
Reference Drawing:
Drawing Name 130-13506 - BRADEN Civil & Wiring DISMANTLE Drawings (CEII) 130-13506 - WHITE TRAIL Civil & Wiring DISMANTLE Drawings (CEII) mailto:bschwab@gcpud.org
APPENDIX “B” – NON-DISCLOSURE AGREEMENT
This Non-Disclosure Agreement ("NDA") is entered into on the date shown on the signature page between Public Utility District No. 2 of Grant County, Washington ("District"), and _______________________________________________________________________, (“Contractor”), sometimes collectively referred to as the "Parties."
RECITALS
The District has identified and designated certain information as confidential. For purposes of this Agreement, “Confidential Information” includes:
• District customer information protected under RCW 19.29A, Consumers of Electricity;
• District employee information;
• District vendor information;
• All technical and business information or material that has or could have commercial value or other interest in the business or prospective business of the District;
• All information and material provided by the District which is not an open public record subject to disclosure under RCW 42.56, Public Records Act;
• All information of which unauthorized disclosure could be detrimental to the interests of the District or its customers, whether or not such information is identified as Confidential Information;
and
• Any information identified and designated by the District as Security Sensitive Information (SSI), Critical Energy Infrastructure Information (CEII), and/or Bulk Electric System Cyber System Information (BCSI) in accordance with the State of Washington, Federal Energy Regulatory Commission (FERC) and/or North American Reliability Corporation (NERC), which have established regulations for the protection of sensitive plans, drawings, and records defined as SSI, CEII, and/or BCSI. SSI, CEII, and BCSI are further defined in Appendix “C”.
Because of the sensitive nature of such information that may be provided to the Contractor, Contractor must execute and deliver this NDA to the District prior to receiving such Confidential Information from the District.
NOW, THEREFORE, the Parties agree as follows:
1. Incorporation by Reference. The recitals set forth above are incorporated herein as if fully set forth.
2. Confidential Information Disclosure. All information and drawings that are disclosed by the District to the Contractor, which are designated as confidential, SSI, CEII, and/or BCSI, shall be protected hereunder as Confidential Information.
3. Non-Disclosure. Subject to the provisions of Section 4 and unless the parties agree otherwise, this non-disclosure obligation shall survive the termination of this NDA. Contractor shall not disclose or disseminate Confidential Information and shall:
A. Restrict disclosure of Confidential Information solely to its agents and employees with a need to know and not disclose such Confidential Information to any others; and
B. Advise and require all of its officers, agents, employees, representatives, prospective and successful subcontractors, consultants, and employees thereof with access to the Confidential Information to execute an NDA in this same form with the District prior to allowing them access to the Confidential Information; and
C. Use the Confidential Information provided hereunder only for purposes directly related to performance of the work as requested by the District.
D. In the event third parties attempt to obtain the Confidential Information by legal process, the Contractor agrees that it will not release or disclose any Confidential Information until the District has received notice of the legal process and has been given reasonable opportunity to contest such release of information and/or to assert the confidentiality privilege.
4. Ownership and Return of Confidential Information. All Confidential Information shall remain the property of the District. Contractor is responsible for safeguarding and returning all Confidential Information or shall certify, by signed, statement delivered to the District, the destruction of all original Confidential Information provided along with any copies made by the Contractor. Such delivery shall be to the District, Attention: Beau Schwab, Procurement Officer, 30 C Street SW, Ephrata, WA 98823.
5. Compliance Audit. The District may audit Contractor’s compliance with this NDA.
6. Applicable Law. This NDA is made under, and shall be construed according to, the laws of the State of Washington and the Federal Energy Regulatory Commission regulations. Venue for any action brought pursuant to this NDA shall, at the District’s option, be in Grant County Superior Court, Grant County, Washington or in the United States District Court for the Eastern District of Washington.
7. Assignment. This NDA may not be assigned.
8. Violations. Contractor understands and agrees that the District is providing the Confidential Information to Contractor in reliance upon this NDA, and Contractor will be fully responsible to the District for any damages or harm caused to the District by a breach of this NDA by Contractor or any of its officers, directors, agents, employees, subcontractors, consultants, or affiliates.
Contractor acknowledges and agrees that a breach of any of its promises or agreements contained herein will result in irreparable injury to the District for which there will be no adequate remedy at law, and the District shall be entitled to apply for equitable relief, including injunction and specific performance, in the event of any breach or threatened breach or intended breach of this NDA by Contractor. Such remedies, however, shall not be deemed to be the exclusive remedies for any breach of the Agreement but shall be in addition to all other remedies available at law or in equity.
In addition to injunctive relief, civil or criminal penalties may be imposed for each violation of this
NDA.
9. Attorney's Fees. In the event it is necessary for the District to utilize the services of an attorney to enforce any of the terms of this NDA, it shall be entitled to compensation for its reasonable attorney's fees and costs. In the event any legal action becomes necessary to enforce the provisions of the NDA, the substantially prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief allowed, regardless of whether the dispute is settled by trial, trial and appeal, arbitration, mediation, negotiation or otherwise, and regardless of whether suit is formally filed.
10. Corporate Authority; Binding Signatures. The individual executing this NDA on behalf of Contractor warrants that he or she is an authorized signatory of the entity for which they are signing, and have sufficient institutional authority to execute this NDA.
11. Electronic Signatures. Signatures transmitted electronically shall be deemed valid execution of this NDA, binding on the parties.
12. Effective Date and Term. This NDA shall become effective immediately and remain in full force and effect until Contractor has returned all Confidential Information to the District provided, however, the obligations contained in Section 3 shall survive the termination of this NDA.
CONTRACTOR: Name: _____________________________________________
Address: _____________________________________________
Phone: _____________________________________________
Email: _____________________________________________
Signature: _____________________________________________
Print Name: _____________________________________________
Title: _____________________________________________
Date: _____________________________________________
APPENDIX “C” – DEFINITION of CONFIDENTIAL INFORMATION
Definition of Critical Energy Infrastructure Information (CEII)
The Critical Energy Infrastructure Information (CEII) guidelines of the Federal Energy Regulatory Commission (FERC) define CEII as specific engineering, vulnerability, operational or detailed design information about proposed or existing critical energy infrastructure (physical or virtual) that relates to the production, generation, transportation, transmission or distribution of energy, could be useful to a person planning an attack on critical infrastructure, is exempt from mandatory disclosure, and gives strategic information beyond the location of the critical infrastructure. 18 CFR §388.113 and RCW 42.56.520.
Definition of Bulk Electric System Cyber System Information (BCSI)
The North American Electric Reliability Corporation (NERC) has been designated by the FERC, through the Energy Policy Act of 2005, to establish and enforce standards and requirements for the reliable operation of the Bulk Electric System. The Bulk Electric System includes the District’s electrical generation resources, transmission lines, and interconnections with neighboring electric systems. Information related to the District’s Bulk Electric System Cyber Systems (BCS) is required to be protected due to the sensitive security nature of such information, and the need to protect public safety (hereinafter referred to as “BCSI”).
BCSI generally (not exclusively) is defined as information about the BCS that could be used to gain unauthorized access or pose a security threat to the BCS and affect the reliable operations of the Bulk Electric System. The District is required to protect this information including, but not limited to, network topology/diagrams; floor plans for computing centers; equipment layouts; security configuration information and other information as defined in the NERC standards. FERC Order No. 706, issued January 18, 2008; 18 CFR Part 40; and RCW 42.56.070.
Definition of Security Sensitive Information (SSI)
Security Sensitive Information is those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal or terrorist acts, which are acts that significantly disrupt the ability of the District to fulfill its mission and goals and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety. SSI includes: (a) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; (b) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism; and (c) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.
| APPLICATION FOR CONTRACTOR PRE-QUALIFICATION |
| AFFIRMATION |
| SIGNATURE CERTIFICATION |
| APPENDIX “A” – PROJECT DESCRIPTION |
| APPENDIX “B” – NON-DISCLOSURE AGREEMENT |
| APPENDIX “C” – DEFINITION of CONFIDENTIAL INFORMATION |
File details come from the government source that posted it. Updated .