12.8.23_Enterprise Park AFP Questions - NASA Comments (27 Feb 2024).pdf

NASA Responses (Blue Font) to Questions Received in Relation to

AFP-SSC-EP-2023

Stennis Space Center (SSC) Enterprise Park and B9121

27 Feb 2024

II. Guidelines

• Security – Please confirm whether the NASA security perimeter be moved to exclude the Enterprise Park Property. Assuming the perimeter will be moved, please insert proposed security restrictions still applicable to tenant, if any.

Yes, the perimeter security fencing can be relocated to exclude Enterprise Park. Any relocation shall be at the expense of the proposer and subject to NASA approval. Any reconfiguration of the perimeter fencing should be included in the proposal and shall include access points/roadways to have the Property outside of the NASA security area.

Security in all areas outside the NASA security perimeter shall be the sole responsibility of the tenant.

Reconfiguration of the perimeter fence must meet the following:

• Fencing standards and materials shall be in accordance with current NASA requirements as outlined in NPR 1620.3B Physical Security Requirements for NASA Facilities and Property,

• Proposer shall not install gates or access points at any point along the NASA perimeter security fence without prior approval by NASA,

• All ingress and egress to NASA-controlled property inside the NASA perimeter security fence shall occur at authorized NASA Access Control Points (ACP),

• Clear zones shall be maintained along the entirety of the fence and at the expense of proposer in accordance with NPR 1620.3B, and

• Any foreign-owned buildings and structures, to include American-occupied with foreign parent entities must receive prior approval from NASA.

• Infrastructure – As NASA will not provide utility commodities, please explain whether Tenant needs to contract separately with local utility service providers. If so, how does this work with Section 5.2 (B) of the Model EULA?

Tenants have the options to request access to NASA utilities and to work with local utility providers to obtain the required services. If using NASA utilities, an appropriate demarcation point will be identified for each utility. The tenant will install, operate, and maintain at their own expense all utility systems beyond the demarcation points.

• Infrastructure – Please provide infrastructure drawings, prior to the AFP response deadline.

Existing Site Utility Infrastructure information is provided for Parcels A-C in the figure below. The condition of the utilities north of the 9100 industrial area must be verified.

• Financial and Legal – Please explain whether the value of the assessed land increase (at end of term) will incorporate investments made by Tenant, thereby increasing rent cost upon renewal of the contract (if applicable)?

The value of the assessed land will not increase at the end of each term based on incorporating investments made by Tenant. If the lease remains in effect with no lapse, the rent cost will only increase each year based on the 3% escalation rate defined in the AFP. In the event the lease lapses, NASA will review the rates at that time and decide what the new rate will be upon issuance of a new lease.

IV. Evaluation Factors for Proposal

• Will the AFP closing date be extended if the Q&A answers are posted within a few weeks of the current date?

The AFP proposal due date was initially extended six weeks (42 days) until March 1, 2024, to allow NASA adequate time to respond to the questions. Since it has taken longer than expected to respond to the questions, the due date has been extended another four weeks (70 days total) until March 29, 2024, to allow time for potential proposers to review NASA responses to the questions received.

• If questions submitted during Q&A phase draw an answer from NASA that then requires additional discussion or further questions, is there an opportunity to do so before the AFP is closed?

A second round of questions, if needed, are due one week after the response to the first round of questions are posted on SAM.gov.

• What is the anticipated timeline for review upon submittal of the AFP response?

The review timeline is dependent on the number of proposals received and the level of detail provided in the proposals. It is NASA’s intention to complete the evaluation process and provide a recommendation to the Selection Authority under an aggressive timeline.

• When will relevant environmental documentation be provided, as stated in the AFP and Model EULA, and how long will prospective Tenant have for review of those documents?

Existing NEPA documentation has been provided with the AFP on SAM.gov and via the SSC Industry Day link. Other documentation will be provided later. See the responses to the two final questions related to Exhibits F and G for a more detailed response to this question.

Attachment B – Model EULA for Enterprise Park

1.2 Property Disposition

• Property is accepted in “as-is” condition – is there any amount of tree removal that NASA can undertake prior to Tenant move-in?

NASA utilizes a contractor to remove marketable timber from Government land. NASA does not have a current requirement for timber removal in the parcels included in this AFP. However, once an agreement is reached, NASA will work with the Tenant to assess their timber removal needs. If the trees to be removed are determined to be marketable, NASA will clear the areas with marketable timber. Clearing of any remaining areas will be the responsibility of the Tenant.

2.1 Term of Lease

• Will an initial term longer than 10 years be considered? If not, please explain why not.

Yes, Enhanced Use Leases of up to fifty (50) years are permissible. Include the desired duration of the lease in the proposal. Reappraisals will be accomplished every 10 years.

2.2 Modification of Term of Lease

• Sec B – Can first lease payment be delayed until first dig (construction commencement date)?

Once a Tenant takes possession of the leased property and activities commence on the leased property, the FMV must be collected. However, there are other options NASA can offer a Tenant in relation to altered payment schedules that would not require the full yearly amount due upon signing the lease.

Option 1: Future Commencement Date – A future commencement of activities date can be established within the lease. For example, the lease could be signed April 1, 2024, with a commencement date of November 1, 2024. The commencement date would be considered possession and FMV would be collected from that date. No construction activities could occur on the property prior to November 1, 2024. A license can be granted to enable site surveys and land assessments prior to the commencement date; however, no development can begin until the commencement date.

Option 2: Land Phase Additions – The total amount of Land intended for lease can be divided into parcels which can be added to the lease at various times. For example, Parcel A can be leased immediately, then Parcel B can be added to the lease two years later if the Tenant chooses. NASA would grant the Tenant first right of refusal for an agreed to set number of years after which the tenant would add the additional parcel to the lease or NASA would retain ownership and could offer the property to other interested parties.

Another example would be to subdivide Parcel A and lease 600 acres. NASA would grant the Tenant first right of refusal to the 500 remaining acres for an agreed to set number of years after which the tenant would add the additional portion of Parcel A to the lease or NASA would retain ownership and could offer the property to other interested parties. A license can be granted to enable site surveys and land assessments prior to the commencement date; however, no development can begin until the commencement date.

• Sec C – Will improvements made be counted as additional value in the reappraisal process for base rent in the event of lease extension?

o If so, can Tenant improvements be explicitly discounted from reappraisal valuation?

The lease value of the property will be based on the as-is condition of the property at the time the lease is signed. If the lease remains in effect with no lapse, the lease value will only increase each year based on the 3% escalation rate defined in the AFP. In the event the lease lapses, NASA will review the rates at that time and decide what the new rate will be upon issuance of a new lease. If a new lease is required, it is possible any new agreement would be based on the improved condition of the property.

Reappraisal is based upon Highest and Best Use of the land.

2.3 Possession

• Sec B – Relocation – if Tenant is relocated after incurring expense (i.e. substantial construction), is there any reimbursement beyond rent abatement?

Tenant would be within their rights to submit a claim to the Federal Government for expenses incurred beyond rate abatement.

3.1 Consideration

• How does Fair Market Value in dollars per acre compare on NASA property vs. outside NASA boundary? If the amount is approximately equal, what is the advantage to being on NASA property?

The land values were determined as part of the appraisal conducted by Jones Lang LaSalle (JLL) in April 2023 for Greenfield Space at SSC. Different values may be proposed; however, values outside the FMV range established by JLL must be approved by NASA Headquarters.

Tenants are anticipated to benefit from colocation with NASA or other tenants of the Federal City, or from the unique attributes of the surrounding Buffer Zone. Compared to other industrial sites in the area, the locations in this AFP have never flooded during hurricanes or other storms. If Tenants need access to the SSC Test Complex, the AFP sites provide direct access to test facilities as well as the SSC Canal System.

Furthermore, if Tenants needed to conduct large-scale, potentially dangerous activities, such as rocket testing, the AFP sites are in the center of the Buffer Zone, providing the most protection those types of operation. Other advantages of colocation may be identified by the specific business case of the Tenants.

• What drives 3% annual escalation? How was this calculated?

The annual escalation was determined as part of the appraisal conducted by JLL in April 2023 for Greenfield Space at SSC.

• What Support Services are provided by NASA (itemized list)?

Support services are the indirect costs to NASA that cannot be tied directly to a particular tenant. NASA does not have an itemized list to provide.

• Will Tenants be able opt out of specific Support Services that are already provided via existing agreements at other buildings on site? Can Tenant opt out of specific Support Services that are not necessary at the Property (i.e. Security services, in the event that the security perimeter can be moved)?

If operating outside the NASA security perimeter fence, the Tenant is solely responsible for the operations and maintenance of the leased parcel(s) and a minimal set of support services, such as the cost associated with the administration of the lease agreement, would apply.

If operating inside the NASA security perimeter fence, the base level of services provided under all agreements would apply.

3.3 Late Payment

• What is payment frequency? Lump sum or recurring (monthly, quarterly)? How is the initial payment schedule established?

Payments are due annually with the first payment due upon signing the initial lease or upon a future commencement date established in the lease.

4.2 NASA Approval of Uses and Tenants

• What type of activity constitutes a need for approval and what does approval process require (steps, timing)?

At a high-level NASA’s intent for acceptable uses of Government property are clearly identified in the AFP and Sample EULA. The proposer is required to define their intended uses for the property in the proposal submitted. If the intended activities are in line with these uses, approval will be granted.

4.3 Right of Access

• Can NASA please provide a diagram of common use areas around the parcel(s) as defined in this section?

This is shown in the aerial view provided as AFP Attachment A, Figure 3 (see below). The common use areas are the roads and utility rights of way on the perimeter and between the land parcels. Specifically, Trent Lott Blvd. west of Parcel A, Moses Cook Road south of Parcel A, Andrew Jackson Road east of Parcel A and Flat Top Road between Parcel A and Parcel B, Mainline Rd. to the east of Parcel B, Leonard Kimble Road south of Parcel C, and the bunkers and Igloo Road leading to the bunkers between Parcel B and C. Please note this is an approximation and exact boundaries will be determined after a site survey is completed.

4.4 Right of Entry

• For nonemergency inspections, may advance notice be given a week in advance as opposed to 48 hours?

NASA has very few needs requiring non-emergency entry to a Tenant’s leased property. NASA will attempt to notify the Tenant as far in advance as possible for any non-emergency entry.

4.5 Maintenance and Repairs

• What is a change in facility occupancy status and what information is required for this submittal?

NASA identifies facility occupancy status as either Active, Stand By, Mothballed, or Abandoned. An email from the Tenant to the SSC RPAO POC stating the change in status is acceptable.

• For overgrowth and lawn maintenance, would unused land be exempt until the space is utilized for an identified purpose?

Unused land would only need to be kept in a safe condition to protect against wildfires.

• What inspections and assessments are intended to be performed, and at what frequency? Are they necessary for this site given its location?

Environmental inspections on the Land will take place at least once annually. B9121 inspections and assessments for life, safety, and health concerns will also take place at least annually. NASA is the landowner and must ensure proper Federal and State environmental regulations are being followed.

4.6 Health and Safety Protocols

• This section covers Covid protocols for federal buildings – if Property will be technically considered as off-base (outside the security perimeter), can this requirement be removed?

Under existing executive policy guidance, so long as Federal real property is considered a federal facility, then Covid protocols in effect will still apply. A change to fence lines and controlled access points may alter this requirement, but this would require approval by NASA HQ. Include such provisions in the proposal.

5.2 Design and Construction Requirements

• Sec A – Please consider removing written approval requirement for improvements more than $100,000 in cost.

Any improvements need to be approved through submission of a completed Commercial Aerospace NASA Form 1509 Template (EULA Exhibit H). NASA cannot waive projects more than $100,000 in cost.

NASA recommends the Tenant submit a Master Plan for developing the lease parcel(s). Once the Master Plan is approved, only changes to the Master Plan would require additional review.

• Sec A – Approval will be provided within 60 days – please reduce this timeline, ideally to 10 days or less. Moreover, please consider limiting approval provision to only approving “type of activities” on the Property.

NASA will attempt to provide approvals as quickly as possible. Accurate completion of Commercial Aerospace NASA Form 1509 by the Tenant significantly reduces the NASA approval timeline. The 60 days cited in the sample EULA reflects the challenges NASA has experienced getting the required data.

• Sec B – What is the current electrical capacity allowance for the Property?

There are 13.8 kVA power lines that run within the common use areas along the roads on the perimeters of and between the land parcels. A proposed Tenant will need to coordinate their power needs with NASA and Mississippi Power to determine if these lines can meet the additional demand or new power feeds will be required. There are also lower voltage lines within Parcel A that have not been maintained and are not recommended for use without properly inspecting.

• Sec B – Is NASA the utility service provider for . Property or will Tenant contract with local providers directly for power, water/wastewater, etc?

Tenants have the option to request access to the NASA utilities and to work with local utility providers to obtain the required services. Power, water, and wastewater services extend to B9121. If using NASA utilities, an appropriate demarcation point will be identified for each utility. The tenant will install, operate, and maintain at their own expense all utility systems beyond the demarcation points.

• Sec C (ii) – How does this compare to typical FM insurance in terms of cost and standards?

A copy of NASA-STD-8719.11, Safety Standard for Fire Protection has been provided for Proposer’s review.

• Sec C (iv) – Is certification assessed on a per phase basis or after full completion of construction?

Per NASA Office of Strategic Infrastructure (OSI), sustainability requirements can be waived by NASA.

If desired, the request for a waiver should be included in the proposal.

• Sec C (v) – Given scope of intended activity outside of NASA security perimeter, this section seems like additional and unnecessary oversight, can this please be removed?

NASA SSC is the Authority Having Jurisdiction (AHJ). Therefore, NASA must ensure compliance with relevant building codes.

• Sec C (vi) – Given scope of intended activity outside of NASA security perimeter, this section seems like additional and unnecessary oversight, can this please be removed?

NASA is the AHJ. Therefore, NASA must issue the certificate of occupancy for structures in the leased parcel(s). The Tenant shall use an independent third-party contractor, employed by Tenant and acceptable to the AHJ, to perform design review for code compliance and inspect the construction and installation of life safety systems. The approved third-party contractor shall submit a letter of compliance stating that the facility complies with all applicable codes and standards prior to requesting AHJ final acceptance testing to support the issuance of the Certificate of Occupancy.

• Sec C (vii) – Who is the permitting authority for the Property?

NASA SSC is the AHJ.

• Sec C (vii)(a) – Providing building inspector’s license information seems like unnecessary oversight, can this please be removed?

No, the NASA SSC AHJ requires this information to ensure proper oversight.

• Sec C (vii)(b) – Given scope of intended activity outside of NASA security perimeter, this section seems like additional and unnecessary oversight, can this please be removed?

No.

• Sec C (vii)(f) – Notifying NASA of such inspections seems like unnecessary oversight, can this please be removed? Ok to keep performance and recording of results as appropriate.

No.

• Sec C (vii)(h) – Acceptance “of certificates of compliance or documenting any identified deficiencies” seems like unnecessary oversight, can this please be removed?

No.

• Sec C (ix) – Given scope of intended activity outside of NASA security perimeter, this section seems like additional and unnecessary oversight, can this please be removed?

No.

5.3 Lien Rights

• How does this work if a subcontractor is not paid by the GC?

Lien prohibition requirement needs to be part of any contract with contractor or required by contractor with subcontractor.

5.4 Notice of Completion

• Given scope of intended activity outside of NASA security perimeter, this full section of notice and approval seems like additional and unnecessary oversight, can this please be removed?

No.

5.6 Protection from Mechanic’s Liens

• Section from “At least ten (10) days before the date of any commencement of construction…” seems like unnecessary oversight – can this please be removed?

No.

5.7 Utility Metering

• Approval of the design for meter installation and recurring inspections are unnecessary oversight – can this please be removed?

If connecting to a NASA utility, this is a requirement. This clause will be removed or clarified in the final EULA language based on the content of the proposal.

6.2 Safety Requirements

• Sec A (iv) - If the Property is considered off-base, NASA-STD-8719.12A and SPR 6330.1 should not apply.

o Tenant will have an ATF license and will follow all applicable laws and regulations, SSC should only be contacted when bringing explosives on-base.

These requirements still apply; however, the extent of application depends on the details of the relationship between NASA and the Tenant and details of the site operations. NASA is concerned about any exposure of NASA employees and NASA contractors and is responsible for understanding the hazards that exceed the boundary. Discussions based on the planned use of the area will be held once details of the operations are understood. For example, if the applicability is only storage of explosives and the tenant has an ATF license, the Tenant will have mostly met the SSC requirement and discussion can be focused on the applicability of the remaining requirements. If the Tenant plans to conduct any component, engine and stage propulsion testing, the requirements apply to the extent the operations impact the property outside the leased area, including the roadway.

• Sec A (vi) - If the Property is considered off-base, SPR 8715.1 should not apply.

o Tenant will have internal EHS programs and procedures for Tenant’s processes.

If the Tenant is outside the security perimeter and there is no exposure of NASA employees and contractors, then SPR 8715.1 does not apply.

• Sec B (ii) – Please increase notice requirement to mirror OSHA reporting timeline (8 hours for a fatality and 24 hours for other major injuries)

Notification to NASA of serious injury or illness to the Tenant’s employees is not required, however notification to OSHA is the Tenant’s responsibility.

Notification of a fatality, serious injury, or illness to a NASA employee/NASA Contractor or any individual that is not employed by the Tenant or its agents, contractors, or invited guests is required.

Using the same timeline as OSHA does not meet the intent of NASA’s requirement, which is to ensure NASA SSC management is informed with sufficient time to support NASA reporting requirements and OSHA inquiry, especially with respect to a fatality. In addition, NASA may need to respond to a serious injury or illness of our own employee or contractor or member of the public not affiliated with the Tenant.

• Sec B (v) – This section includes unnecessary oversight given the scope of activities anticipated. Please consider removal.

NASA does not consider this oversight, rather it is a way of giving NASA the minimum necessary insight to understand any leading indicators to the narrow definition of NASA mishaps that is defined in B (ii).

The extent of this reporting is expected to be minimal.

• Sec B (vi) – Can NASA inform Tenant at least 7 days prior to SSC personnel accessing the site to perform work on the property?

B (vi) is not related to accessing the site. It addresses any special training NASA personnel may require before accessing the Tenant’s leased parcel(s).

Note that general access to the site is handled in Section 4.4 and any changes to access requirements should be addressed in that section.

• Sec B (vi) – Can Tenant deny access to NASA SSC personnel and contractors who have not given notice and completed Tenant’s site orientation training?

NASA cannot be denied access to SSC property and does not want to be limited to property access in the event the Tenant does not respond to requests for training, does not develop training, or only holds training infrequently. However, NASA will coordinate access (give notice, get proper training, etc.), if possible. If NASA has a reason for immediate, emergency entry, it needs to be allowed.

Note that general access to the site is handled in Section 4.4 and any changes to access requirements should be addressed in that section.

7.2 Environmental Site Assessment (ESA)

• Insert language: “The Entrance ESA shall be prepared in accordance with ASTM E1527-23 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.”

NASA concurs.

• Insert language: If NASA conducts any investigation or remediation of environmental contamination “prior to or” after Lease execution…

NASA concurs. Suggested new language:

“NASA, at its own expense, will prepare and provide to Tenant an Entrance Environmental Site Assessment (ESA) prior to signing a lease (Exhibit I). The ESA sets forth those environmental conditions and matters affecting the Property known at the Commencement Date. If NASA conducts any investigation or remediation of environmental contamination prior to or after Lease execution, NASA will provide a copy of the investigation or remediation report to Tenant.”

• Need to define triggering event(s) for sampling. Otherwise, cost should be carried by NASA as landowner. Suggested wording, "if the Exit ESA identifies significant Recognized Environmental Conditions (RECs) related to Tenant's operations at the Leased Property that could have resulted in subsurface contamination in excess of applicable Environmental Law that were not present prior to the Commencement Date, NASA may require sampling of environmental media...."

NASA concurs.

• How is existing condition proven? Is there an arbitration process for this?

Both parties will be afforded the opportunity to review/comment/concur with the ESA before it is finalized.

Arbitration or resolution for any disagreements in EULA is covered by Section 16.6.

7.3 General Compliance and Permitting

• Sec B – Tenant is deemed independent entity and solely responsible for environmental compliance – why does this section contrast so much with oversight of previous sections?

The intent of this section is to say the Tenant will need their own environmental permits (not NASA) and will also be expected to have environmental oversight of their operations. NASA or NASA contractors will not provide environmental oversight/compliance support to the Tenant. NASA will inspect the area for environmental compliance and provide recommendations for improvements.

• Sec B – Can the following be removed: “with the exception of hazardous waste disposal (see further Section 7.8)”?

No. Not sure of the intent to remove disposal language as it is just a reference to Section 7.8 that clearly states the tenant is responsible for hazardous waste disposal.

7.4 Existing Environmental Hazards

• Can the following provision be removed: “Tenant is responsible for implementing any related NASA regulations/guidance (e.g. the NASA PFAS Investigation Derived Waste Policy)?”

No. Tenant is responsible for environmental compliance and NASA does not understand why this would be removed.

7.5 Environmental Checklist

• Bullet #2, can the following be added after “grading”: “where the total area of disturbance is greater than one (1) acre;”

NASA concurs.

• Bullet #5, can “major” be inserted after “Changes in” and prior to “site operations…”?

NASA needs Tenant to define what is meant by “major”, and is willing to discuss during agreement negotiations to better understand the reasoning.

7.7 Historical and Cultural Resources

• Can NASA provide initial survey documentation for historical/cultural resources prior to lease agreement?

Yes, NASA can provide the Section 106 survey documentation.

7.8 Regulated Waste Management and Disposal

• Insert language in final sentence of first paragraph: “unless the Tenant’s RCRA generator status is Very Small Quantity Generator, in which case an EPA ID number is not required.”

NASA concurs.

• Can “findings, and deficiencies” in second paragraph be removed?

No. NASA does not agree to remove these words. Correcting “findings and deficiencies” can help to avoid having a violation in the future.

• Can “and the NASA PFAS Investigation Derived Waste Policy” in the third paragraph be removed?

This language is not present in section 7.8.

7.9 Air Emissions Compliance

• Does NASA’s Title V Operating Permit apply to this property?

No, it does not. The permit specifically defines existing emission points. The decision to include Tenant operations in NASA’s air permit is solely up to NASA. If the Tenant does not want to use NASA’s air permit, it is not an issue.

• Sec B – Can the statement “and shall also contact the NASA EHSO for:” be removed along with the bullet point list that follows, and then replace with statement: “and shall provide courtesy copies of all permits, licenses, and approvals to EHSO within five (5) days of receipt.”?

NASA concurs.

• Sec C – can the statement in the first sentence “at its sole discretion” be removed and replaced with “in agreement with Tenant”?

No. The decision to include Tenant operations in NASA’s air permit is solely up to NASA. If the Tenant does not want to use NASA’s air permit, it is not an issue.

• Sec E – Can the following be inserted: “NASA shall provide a summary of all requirements prior to rental.”?

Tenant’s use of these sources would not have any relation to NASA’s operations and NASA is not liable for Tenant compliance. The Tenant is responsible to comply with the regulations that apply based on their permitted status, operations, etc. The Tenant may be able to use a portable generator owned by NASA.

Portable generators are not permitted under NASA’s Title V and are not required to be if they meet the definition of non-road (use/location limits). The Tenant would be subject to and need to comply with those same requirements. NASA would not expect any reports from the Tenant (i.e., generator run time) for air emissions that are related to operations not covered by the NASA permit.

7.10 Spill Reporting and Cleanup

• Sec A – Can the following be removed: “including work performed by NASA contractors for Tenant under an RSAA with NASA”? Or at least, Tenant should not hold full responsibility for the cleanup, even if the responsibility to report remains.

Tenant shall be responsible for spill reporting and cleanup from all Tenant activities, whether work is being completed for the Tenant by a NASA contractor under an RSAA or an outside contractor.

• Sec B – Can the following language be inserted in the first sentence after “Tenant shall promptly report all spills”: insert “that reach or threaten to reach environmental media”?

NASA concurs.

• Sec C - Can the following language be inserted after “For all spills”: insert “that reach or threaten to reach environmental media”?

NASA concurs.

• Sec E(i) – Insert option for Tenant to clean up small spills to pervious surfaces. Report of the spill and reporting of any laboratory analysis for confirmatory sampling would still be provided to NASA.

NASA concurs.

• Sec E (iii) – Insert “the Tenant, a third-party consultant on behalf of the Tenant, or” after “After the cleanup action has been completed…”

NASA concurs.

• Sec E (iii) – Insert “business” after “thirty (30)”

NASA concurs.

7.15 Other Environmental Compliance and Permitting Matters

• Sec A – Can “Tenant must comply with SSC’s SWPPP.” be removed?

Stormwater Management Systems and Stormwater Permits (SWPPP) apply for B-9121 operations only.

For the leased undeveloped land, the SWPPP can be tenant specific to the area.

• Sec A – Can “where applicable” be inserted after “all activities disturbing the soil”?

NASA concurs.

• Sec D – Can “, when applicable to facility operations” be inserted after “Toxic Release Inventory (TRI) reports”?

NASA concurs however this is the way the regulations already read. TRI reports are only necessary if the facility operations have above threshold TRI chemicals.

7.17 NASA Reviews

• Please consider removing this section or include advance notice requirements.

7.19 Cancellation of Permits and Registrations

• Can returning site to original condition be clarified to exclude major property constructions/improvements (e.g. warehouse, office space, roads)?

No. NASA is not funded for the operations and maintenance of additional buildings or structures that are not part of NASA planning. If structures are added on Federal property, NASA needs to maintain the right to either accept these structures at the end of the lease or have the Tenant remove these structures and the decision will be made at that time based on several factors.

7.21 Continuing Liability

• At the end of the final sentence after “noncompliance condition” can the following be inserted: “to the extent that such mitigation, remediation, or abatement is required under Environmental Law”?

NASA believes this is not needed based on the sentence structure already covering this issue.

10.1 General Requirements

• This Section should be clarified to exclude all major building construction. Can NASA provide clarification?

It is not clear what needs to be clarified, however major building construction is intended to be a part of this section discussing removal of all personal property and Improvements made by Tenant.

• Can NASA provide a copy of Exhibit F “Entrance Environmental Baseline Survey”?

An Entrance Environmental Baseline Survey (EBS) has not been completed but is planned to be completed by NASA and provided to Tenant prior to signing a lease as part of EXHIBIT G NEPA Documentation Associated with the Lease Activities. The EBS will depend on what land and how much is proposed for use under the lease and take from two to five months to complete running in parallel with lease discussions working towards a final agreement.

• Can NASA provide a copy of Exhibit G “NEPA Documentation Associated with the Lease Activities”?

Some existing NEPA documentation has been provided with the AFP and other documentation will be provided as part of Exhibit G when available as discussed below.

• Environmental Resource Document (ERD) SCWI-8500-0026-ENV, Rev. H, July 2020 – The ERD was provided as Attachment D with the AFP in SAM.gov.

• Entrance Environmental Baseline Survey (EBS) as noted in the response directly above

• Preliminary Environmental Survey (PES) – The Tenant will need to submit a PES based on what

Parcel(s) or portions of Parcel(s) are leased. The PES form was provided as Attachment E with the AFP. A fillable form will be provided to the Tenant with final lease agreement and submitted to NASA based on what intent the tenant has for the land.

• Record of Environmental Consideration (REC) – NASA will issue a REC letter in response to the PES submitted by the Tenant.