ESBD_375118_1725046741120_VCE-25-217 RELLIS Nuclear Reactor RFP.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR PROPOSAL

RFP NUMBER: RFP01 VCE-25-217

RELLIS Nuclear Reactor Project

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on September 26, 2024

EMAIL RFP RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: VCE-25-217 – RELLIS Nuclear Reactor Project

NOTE: Proposal response must be received by The Texas A&M University System Office of Procurement and HUB Program before the date and time specified for receipt of proposal as stated within Section 2.3 of this RFP. After the due date and time, only the names of respondents will be made public.

REFER INQUIRIES TO:

Jeff Zimmermann, Executive Director

Procurement and Business Services | HUB Program The Texas A&M University System Email: soprocurement@tamus.edu

All proposals shall become the property of The Texas A&M University System and the State of Texas upon receipt.

Proposals may be subject to public review after contracts have been executed. Refer to Section 5.14 for more information regarding confidential and proprietary information.

mailto:SOPROCUREMENT@TAMUS.EDU mailto:soprocurement@tamus.edu

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TABLE OF CONTENTS

Section 1 Introduction 3

Section 2 Instructions to Proposers 7

Section 3 Scope and Requirements 11

Section 4 Proposal 14

Section 5 General Terms and Conditions 18

Exhibit A Execution of Offer 24

Exhibit B Non-Collusion Affidavit 26

Exhibit C Plant Description 27

Exhibit D RELLIS Site Map 31

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SECTION 1 – INTRODUCTION

1.1 Scope

By 2050, Texas is expected to nearly double its electric demand, driven by factors such as population growth, increased reshoring of manufacturing, expansion of artificial intelligence and other data centers, and the proliferation of electric vehicles. This surge in demand necessitates significant additions to the state's electric generation capacity, which will require strategic decisions to be made well in advance.

Nuclear power can be deployed to meet this need providing additional clean, firm capacity to the electrical grid. Nuclear power is a form of energy generation that uses nuclear reactions to produce heat, which can be used directly or converted into electricity. It includes various generations of reactor designs, each with advancements in safety, efficiency, and sustainability. Advanced nuclear power technologies, small modular reactors (SMR), including Generation III+ reactors, Generation IV reactors, and fusion power plants, hold significant potential to meet future energy demands. However, they require innovative approaches to achieve cost effective and successful implementation and demonstration.

The Texas A&M University System (“A&M System”) through this Request for Proposal (RFP) is soliciting proposals from qualified entities (the “Respondent”) regarding demonstrations of advanced reactors on the Texas A&M RELLIS campus. Qualified Respondents should be capable of performing all aspects of a reactor demonstration project, such as assessing site feasibility and preparation, licensing, integration with ERCOT grid, design, construction, operation, maintenance, and possible decommissioning of new nuclear reactor(s) as dispatchable electric generating facilities (“Facilities”) on System owned property.

These Facilities, located within the ERCOT power region, over time may result in a net increase of up to 1 gigawatt (“GW”) of total capacity (excluding energy storage resources). Generation III+ and Generation IV nuclear reactors will be considered, as well as more advanced concepts with nuclear reactor options for electricity generation starting around 10 megawatts (“MW”). Combinations of reactors and reactor technology scalable to 1 GW are of interest. Research test bed options (e.g., phased approaches, thermal demonstrations, and other demonstration reactor(s)) of 1 MW to 10 MW are also of interest.

The Texas A&M RELLIS campus is the potential site of activities. Refer to Exhibit D for a current map of the RELLIS campus.

It is the intent of this RFP for A&M System to select one or more Respondents to offer:

(1) a non-binding letter of interest;

(2) a binding option agreement to lease;

(3) a binding ground lease agreement; or

(4) some other agreement mutually agreed upon between the parties in collaboration for development, construction, operation, and maintenance of the Facilities on System-owned property.

Entering into and maintaining these agreements will depend on mutually agreed-upon conditions and milestones.

If a Respondent is selected as a result of the Respondent’s submission to this RFP, subject to the structure and method of financing proposed by the Respondent and approved by A&M System, A&M System in no event will offer any agreement or documentation creating a lien or security interest in the Property or A&M System assets.

Once financing is secured by the awarded Respondent, A&M System may:

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(i) offer to enter into negotiations for one or more long-term ground leases covering the site with Respondent or an affiliated entity for the performance of the scope of this RFP as specified under Section 1.1 above, or

(ii) enter into one or more agreements with a structure that is mutually agreeable between A&M System and the Respondent(s).

The process of building a commercial nuclear reactor is highly regulated and often lengthy. The determination of a development site can take several years, and during this process, multiple primary and contingent properties may be considered for development.

Intermediate agreements such as memoranda of understanding (MOU), letters of collaboration, or other contracts, necessary for grant submissions, regulatory submissions, or similar pre-construction activities may also be enacted prior to formal lease agreements. All proposals must be in accordance with the terms, conditions, and requirements set forth in this RFP.

By submitting responses, each Respondent certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each Respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

The A&M System aims to collaboratively establish a nuclear energy proving ground spanning 150-200 acres on the RELLIS campus in Bryan Texas. The energy proving ground is envisioned as a platform for companies to test and develop at scale the latest reactor technologies. This proving ground will support the on-site development of a diverse portfolio of power plant technologies, including but not limited to Generation III+, Generation IV, and fusion power plants. The project may feature shared infrastructure such as plant cooling systems, electrical regulation and grid interconnects, transmission facilities, site regulatory approvals, educational and training facilities, safety infrastructure, administrative offices, and testing and development facilities, all maintained by a collaboration of stakeholders. The proving grounds will also host activities and associated liabilities that are fully managed and maintained by the individual Respondents. A&M System will seek with Respondent support an early site permit from the NRC. A&M System will not be the owner or operator of the electrical power generation facility. Individual development plants may range in size from 1 MW to several hundred MW with a target of providing from multiple sources in excess of 100 MW by 2029 to 2035 and scaling to 1 GW by 2035 to 2040. Individual developments would occur on a subset of the overall energy proving ground.

As the state entity landowner, research collaborator, workforce development sectoral partner, facilitator for state and federal funding, and an end user of a portion of generated electrical power, the A&M System will provide a significant advantage to power plant developers by reducing entry costs and offering the benefits of partnering with a renowned academic institution. The goal is to have higher Technology Readiness Level (TRL) technologies providing electrical and thermal power to the campus by 2029 to 2035, with lower TRL technologies demonstrating grid-relevant power generation at scale by 2035 to 2040. This initiative will also address the projected increase in power demand on the Texas A&M RELLIS campus. In the longer term, the successful implementation of the initial demonstration plant will pave the way for more economical and rapid construction of subsequent plants at other A&M sites and more broadly across the State (and nation), leveraging lessons learned, economies of scale, and streamlined regulatory processes.

Any Respondent on the RELLIS campus is expected to fully fund the commercial development of the nuclear facility without any funds from A&M System. Funding may be a combination of grants, loans, private equity, federal incentives, state incentives, or other sources.

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The A&M System’s investment in this initiative has not yet been determined. Ideally, it will include contributions toward the development of a headquarters and training building, site regulatory approval, sharable testing facilities, common safety elements, and other sharable infrastructure and utilities. The A&M System has a strong track record of leveraging state funding to foster collaborations with industry, other universities, local and state governments, and the federal government for specific strategic initiatives. Recent examples include the Texas A&M Space Institute ($200M), the Texas A&M Semiconductor Institute ($226M), the Bush Combat Development Complex (over $200M), and the Texas A&M Fort Worth initiative ($185M).

It is the overall intent of this initiative to engage with external entities in four main areas as listed below.

The A&M System will be interacting at multiple levels to complete this initiative. Type of interactions include:

1) Assist A&M in getting site approval, plan the common elements and engagement with other entities on various types of interactions.

2) Be a Gen III+ SMR tenant in the proving ground. Such tenants should be open to collaborating with A&M System on a response to DE-FOA-0003392.

3) Be a Gen IV, fusion, or other nuclear technology tenant in the proving ground.

4) Be an off taker of electrical or thermal energy.

The Respondent may consist of a team including utility providers, off-takers, developers, construction firms, architectural designers, engineering designers, nuclear operations experts, and nuclear technology providers. The team must include at least one entity that is actively developing a new nuclear reactor design or new nuclear technology and, where applicable, is seeking an NRC or similar license for the design, construction, and/or operation of the reactor. The Respondent will collaborate with local utility providers.

1.2 About A&M System

A&M System is one of the largest systems of higher education in the nation, with a budget of $7.3 billion.

Through a statewide network of eleven universities, a comprehensive health science center, eight state agencies, Texas A&M-Fort Worth and Texas A&M-RELLIS, the A&M System educates more than 157,000 students and makes more than 21 million additional educational contacts through service and outreach programs each year. System-wide, research and development expenditures exceed $1.3 billion and help drive the state’s economy.

More information about the Texas A&M University System and all of its Members can be found at A&M System About page (https://www.tamus.edu/system/about/.

Our RELLIS Campus is an established academic and research hub, home to 11 universities and 8 state agencies within the Texas A&M System and Blinn College, all part of the RELLIS Academic Alliance and RELLIS Research Alliance. These multiple institutions offer workforce upskilling courses, certificate programs, associates degrees, multiple university four-year degrees, and graduate degrees. Furthermore, RELLIS is less than 10 miles from the flagship campus Texas A&M University, with a top 10 engineering school, top ranked nuclear engineering program, the nation’s largest university, the nation’s largest engineering school, and offers unparalleled access to research expertise and a rich talent pool. More information about the RELLIS campus can be found at the RELLIS page (http://www.rellis.tamus.edu/).

1.3 Goals of the RFP

The goal of this RFP is to select one or more Respondent(s) to collaborate with the A&M System in http://www.tamus.edu/about/ https://www.tamus.edu/system/about/ http://www.rellis.tamus.edu/

The Texas A&M University System RFP01 VCE-25-217 Page 6 of 31 developing a proving ground for the next generation of nuclear power plants. The A&M System aims to establish an NRC-permitted site with a connection to the electrical power grid of up to 1 GW. Depending on the feedback received, the site could host multiple NRC-regulated electrical power generating facilities and related activities. The site could host first of a kind reactors. Refer to Section 3 for additional information about the goal and scope of the project.

1.4 Pre-proposal Conference

There will be a virtual pre-proposal conference scheduled for this RFP to be held on Friday, September 6, 2024, at 10:00 a.m. Central Time. Attendance is NOT mandatory however it is highly encouraged that interested parties attend the online conference. Please send an email expressing interest in attending to soprocurement@tamus.edu and notices will be sent to you directly with the meeting information.

1.5 Calendar of Events

Activity Date RFP Issuance August 30, 2024 Pre-proposal Conference 10:00 a.m., September 6, 2024 Deadline for Receiving Proposals September 26, 2024 Selection of Respondent(s) TBD

A&M System will make every effort to adhere to the above schedule. The schedule, however, is subject to change. This may be in the event that further clarification of responses or terms of contracts, ground leases or other agreements is in the best interest of A&M System and/or in the event A&M System requires more time to assure that the selection of the Respondent(s) is in accordance with its policies, rules and regulations, as well as actual timing needs.

1.6 Priorities/Expectations

Respondents should note the following priorities/expectations with regard to the possibility of A&M System establishing a contractual relationship with any Respondent:

(a) Ensuring a Quality Level of Service. This priority encompasses the quality of the level of service that can be provided to all A&M System customers in a timely, cost-effective manner. A&M System is seeking a Respondent(s) that will ensure the provision of such quality in its delivery of service through proven training techniques and established metrics.

(b) Level of Experience and Expertise. Respondent must demonstrate its capabilities in providing the utmost level of experience and expertise to ensure a successful solution as determined by A&M System. Respondent shall provide information describing the Respondent’s managed services and project execution experience, including the experience of the resources, account managers, and other key personnel on similar engagements, including past experience within A&M System.

(c) Delivery Efficiency as it Relates to Total Costs. Respondent must demonstrate its ability to deliver the required solution in a cost-effective and timely manner while not sacrificing the quality required by A&M System.

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SECTION 2 – INSTRUCTIONS TO PROPOSERS

2.1 General Information

A&M System is seeking proposals from qualified and experienced Respondents capable of providing services to A&M System as specified in this proposal. While it is the intent of A&M System to choose one or more Respondents to collaborate with for development, construction, operation, and maintenance of the Facilities on System owned property, there is no guarantee that a resultant agreement will be awarded.

This RFP outlines the basic scope and requirements as specified in section 3. Submittals are to be in accordance with the outline and specifications contained herein, are to remain in effect a minimum of 180 days from the date of submission and may be subject to further extensions as negotiated. A statement to this effect should be contained in the Respondent's cover letter. Please limit your proposal response to 40 pages or less (excluding the cover letter/executive summary, Execution of Offer, Non-collusion Affidavit, and HUB Subcontracting Plan).

This RFP contains specific requests for information. Respondents are encouraged to examine all sections of this RFP carefully, in that the degree of interrelationship between sections is critical. In responding to this RFP, Respondents are encouraged to provide any additional information they believe relevant.

Clause headings appearing in this RFP have been inserted for convenience and ready reference. They do not purport to define, limit or extend the scope of intent of the respective clauses. Whenever the terms "must" "shall" "will" "is required” or "are required” are used in the RFP, the subject being referred to is to be a required feature of this RFP and critical to the resulting submittal.

In those cases where mandatory requirements are stated, material failure to meet those requirements could result in disqualification of the Respondent's response. Any deviation or exception from RFP specifications must be clearly identified by the Respondent in its submittal.

Expenses for developing and presenting proposals shall be the entire responsibility of the Respondent and shall not be chargeable to A&M System. All supporting documentation and manuals submitted with this submittal will become the property of A&M System.

2.2 Examination of the Request for Proposal

Before submitting, each Respondent will be held to have examined A&M System requirements outlined in Section 3 and satisfied itself as to the existing conditions under which it will be obligated to perform in accordance with specifications of this RFP.

No claim for additional compensation will be allowed due to unfamiliarity with the specifications and/or existing conditions. It shall be understood that the Respondent has full knowledge of all the existing and/or revised conditions and accepts them "as is."

2.3 Submittal Instructions

All proposals must be received by A&M System, no later than 2:00 p.m. Central Time, September 26, 2024 electronically via email to soprocurement@tamus.edu with the subject line of “VCE-25-217 – RELLIS Nuclear Reactor Project”. The sent time indicated within A&M System email server shall be used for the receipt and acceptance of the response. Late proposals will not be considered under any circumstances.

A file sharing tool may be used to submit the proposal response if large file sizes are an issue. If opting to use a file sharing tool it is recommended that Respondents send a test file prior to the due date.

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Submittal File Format: Submission shall be saved as three (3) separate files in Adobe Portable Document Format (PDF) according to the items listed below and named as such; I) “company name – Proposal”, II) “company name – Forms” and III) “company name – Financials”.

2.4 Proposal Components

The following documents and all requirements from noted section(s) are to be returned as part of your proposal response. Failure to include these documents may be basis for response disqualification.

I. Proposal

Cover Letter to include a brief introduction with interest and capability of the Respondent.

Technical Proposal (Sections 4.1)

Plant Description (Exhibit C)

References (Section 4.2)

II. Forms

Signed Execution of Offer (Exhibit A)

Non-Collusion Affidavit (Exhibit B) – signed and notarized

HUB Subcontracting Plan (Section 4.3)

III. Financials

Document(s) proving financial capability to complete the project (sent with proposal as a separate file and attachment)

Proposal format: The proposal response shall be presented in the order listed above with sections noted accordingly for easy reference. The Table of Contents shall provide page numbers for each section of the proposal.

Note: Additional information regarding the Execution of Offer and Non-Collusion Affidavit.

● Execution of Offer: The signature in the Execution of Offer within the electronic copy shall serve as the official signature of record. Signature can be done electronically with DocuSign, Adobe or another similar tool.

● Non-Collusion Affidavit: The Respondent signature and notary on this document may be done electronically with DocuSign, Adobe or another similar tool. An agreement may not be executed with the awarded Respondent until this document is fully signed and notarized.

2.5 Inquiries and Interpretations

All questions concerning this RFP are to be directed, in writing, to Jeff Zimmermann at soprocurement@tamus.edu. Respondent may not contact other individuals at A&M System to discuss any aspect of this RFP, unless expressly authorized by A&M System Procurement & HUB Program office to do so. A&M System will publish all questions in the form of an addendum with responses at least two

(2) days prior to the Deadline for Receiving Proposals as stated in the schedule in Section 1.5.

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum/amendment and posted to the Electronic State Business Daily (ESBD).

http://www.txsmartbuy.com/sp (Input Agency Number “710” and select “Posted” for the Status) http://www.txsmartbuy.com/sp

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It is the responsibility of all Respondents to check the ESBD for any and all addenda issued for this RFP.

All such addenda/amendments issued by A&M System prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal. Only those A&M System replied to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect.

2.6 Selection Process

The evaluation of the proposals shall be based on the information provided that A&M System deems to represent the best value to A&M System. The RFP provides the information necessary to prepare and submit proposals for consideration by A&M System. All properly submitted proposals will be reviewed, evaluated, and ranked by A&M System. A&M System will rank the Respondents in the order that they provide the overall “best value” to A&M System based on an evaluation of the responses to the RFP. A&M System may interview one or more of the top ranked Respondents as part of the evaluation process.

A&M System will base its choice on demonstrated competence, knowledge, and qualifications as it relates to the scope and requirements of this RFP, and on the demonstrated ability to include businesses certified as a Historically Underutilized Business (HUB) in the State of Texas in the performance of a percentage of the scope of work; and if other considerations are equal, give preference to a Respondent who is certified as a HUB in the State of Texas, whose principal place of business is in the State of Texas, or who will manage the contract wholly from an office in the State of Texas.

The Respondent or Respondents selected will be one whose experience and qualifications, as presented in response to this RFP, establish them, in the opinion of A&M System, as well-qualified and offering the greatest benefits, experience and value to A&M System. A&M System may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should A&M System determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and executed with that Respondent. The contract will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the Respondent’s proposal as negotiated.

The most qualified Respondents as determined by A&M System MAY BE REQUIRED to interview with the evaluation committee before the final selection(s). If interviews are required, they will be done online through video conferencing, or in person if allowed at the time by A&M System guidelines and agreed to by both parties. A&M System will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation, submission or interviews that may be conducted.

Submission of proposals indicates Respondent's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by A&M System during the evaluation process. The selection of the successful proposal(s) may be made by A&M System on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal(s) may be made by A&M System on the basis of negotiation with any of the Respondents. A&M System shall not disclose any information derived from the proposals submitted by competing Respondents in conducting such discussions.

All proposals must be complete and convey all of the information requested to be considered responsive.

If a proposal fails to conform to the essential requirements of the RFP, A&M System alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable, and therefore a candidate for further consideration, or not susceptible and therefore not considered for award.

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A&M System may perform reference checks and seek further information, as needed from all Respondents whose proposals A&M System, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes A&M System to contact these organizations to discuss the services and other considerations that the Respondent has provided to such organizations and authorizes the organizations to provide such information to A&M System and Respondent shall and hereby does release and hold harmless A&M System, the State of Texas, and the organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the proposal.

No award nor offer of a resultant agreement will be made until A&M System is fully satisfied that the Respondent and/or its affiliated entity is/are professionally, financially and otherwise competent and capable of fully performing the services within the scope of this RFP and complying with terms and conditions of agreements associated with performing those services.

A&M System reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive Respondent or Respondents.

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SECTION 3 – SCOPE AND REQUIREMENTS

3.1 Scope

The goal of this project and the proposed Facilities is to develop a proving ground for the next generation of nuclear power plants. The A&M System aims to establish an NRC-permitted site with a connection to the electrical power grid of up to 1 GW, potentially through a series of separate contractual arrangements. Depending on the feedback received, the site could host multiple NRC-regulated electrical power generating facilities and related activities. The site could host first of a kind reactors.

A&M System views the establishment of such a nuclear power proving ground as essential to meeting the long-term electrical power needs of both the A&M System and the State of Texas sustainably. Multiple companies and systems in various stages of development could demonstrate early instances of their commercial power generation capabilities at scale.

In collaboration with universities and workforce development agencies on the RELLIS campus, this site could also serve as a nuclear energy training ground. This potential project aims to support on-demand electrical power generation at the RELLIS campus, enhancing the resilience and reliability of the state's electrical grid. The A&M System is committed to developing power generation capabilities to ensure reliable electrical power provision to the RELLIS campus. Additionally, from the A&M System’s perspective, this initiative aims to prevent power loss to critical research infrastructure and promote the well-being of staff and student populations.

3.2 Property Available for Consideration

The RELLIS site is attached as Exhibit D and is provided for Respondent’s reference of the location of the site that may be suitable but are not warranted by the A&M System, as potential locations for nuclear reactor(s) installation. The RELLIS site is approximately 2,300 acres and located between W State Hwy 21 to the west and north, State Hwy 47 to the east, and Brazos River to the south/southwest. The site is located in Brazos County, in southeast Texas, and lies within the city limits of Bryan, Texas. The process of attaining a site permit and building a commercial nuclear reactor is highly regulated and often lengthy.

During this process, various and alternate properties owned by A&M System may be considered for development.

3.3 Site Development

Subject to review and approval of A&M System, the selected Respondent(s) must secure financing for all costs, including, but not limited to, site evaluation and preparation, design, NRC reactor permitting and licensing, development, construction, management, operation, maintenance and ultimate decommissioning of the Facilities. A&M System’s interest in the RELLIS site cannot be encumbered by a lien holder or a security interest and shall not be subordinated to any of Respondent’s financing arrangements resulting from the Respondent’s performance of services within the scope of this RFP.

A&M System will incur no financial obligation with respect to the Respondent’s performance of services within the scope of this RFP.

If A&M System enters into any agreement(s) with the Respondent in regard to Respondent’s performance of services within the scope of this RFP on the RELLIS site, the Respondent agrees and understands the RELLIS site and land are offered for development and use, and the Respondent accepts them, “as-is, where-is” without Warranty of Title, without Warranty of Merchantability, and without Warranty of Fitness for a Particular Purpose. The A&M System expressly reserves the right to withdraw any particular

The Texas A&M University System RFP01 VCE-25-217 Page 12 of 31 site(s) at any time for any reason.

Upon termination of any agreement(s) between A&M System and the Respondent in regard to Respondent’s performance of services within the scope of this RFP on the site(s) or any A&M System-owned lands, all improvements will be removed by Respondent and the site(s) or land will be returned to the condition as prior to said agreement(s) in compliance all applicable laws. A&M System will have a right of first offer, right of first refusal, and will retain the option to purchase the improvements at any time during the term of said agreement(s).

3.4 Type of Contract

Any contract resulting from this RFP will be negotiated with the A&M System in coordination with A&M System member institutions and/or agencies. Any agreement resulting from this RFP will require approval by A&M System Board of Regents. Any resulting agreement(s) will contain, among other terms, (i) the obligation of the Respondent to pay all taxes accruing as a result of the Respondent’s performance of services within the scope of this RFP on the RELLIS site, (ii) the obligation of the Respondent to enter into a separate collaborative or sponsored research agreement (the “Research Agreement”) if deemed necessary by the A&M System in its sole discretion to carry out the purpose of this RFP with the intent that the Research Agreement will include funding by Respondent of research project(s) conducted, (iii) covenants and restrictions on the use of the RELLIS site and a requirement to comply with the A&M System’s Developer Project Guidelines (https://www.tamus.edu/business/facilities-planning-construction/forms-guidelines-wage-rates/), (iv) a requirement to submit site plans for approval and construction plans for compliance with applicable codes and payment of a fee for A&M System’s review and approval of the plans, and (v) a requirement for Respondent to perform, at Respondent’s cost, specified decommission obligations, including those required by applicable law, at the termination of any agreement(s) between A&M System and the Respondent as to the site(s) or any A&M System-owned lands.

3.5 Payment and Performance Bonds

Respondent shall be required to ensure that the construction agreement entered into by it contains a requirement for the general contractor to issue payment and performance bonds in a penal sum equal to contract sum of the original construction contract. The performance bond shall be in an amount equal to the amount of the contract for the protection of the governmental entity and conditioned on the faithful performance of the contractor’s work in accordance with the plans, specifications, and contract documents. The payment bond shall be solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the general contractor or a subcontractor and shall conform to the bond requirement to pay liens or claims related to a mechanic’s, contractor’s, or materialman’s lien. The bonds shall be executed by a corporate surety or sureties authorized to do business in the State of Texas and in compliance with the relevant provisions of the Texas Insurance Code.

Sureties shall be listed on the US Department of the Treasury’s Listing of approved Sureties stating companies holding Certificates of Authority as acceptable sureties on Federal Bonds and acceptable reinsuring companies (Department Circular 570) and have a rating of A- or better with A.M. Best Company.

3.6 Compliance with Laws and Pre-Construction Requirements

Respondent must comply with all applicable Governmental Regulations with respect to the development, construction, ownership, maintenance, repair, management, leasing and operation of the project and the Facilities. The term “Governmental Regulations” means all laws, statutes, regulations, codes, ordinances, orders, permits, and requirements of any federal, state, or local governmental authority having https://www.tamus.edu/business/facilities-planning-construction/forms-guidelines-wage-rates/ https://www.tamus.edu/business/facilities-planning-construction/forms-guidelines-wage-rates/

The Texas A&M University System RFP01 VCE-25-217 Page 13 of 31 jurisdiction over the Property and the project as well as the orders of the fire marshal, board of fire underwriters, and similar bodies affecting the Property and the project or the management, leasing, use, construction, maintenance, repair, or reconstruction thereof.

Respondent may be required to obtain a real property survey and a Phase I Environmental Site Assessment on the site prior to construction.

State antiquities law requires 30-day advance notice to the Texas Historical Commission prior to breaking ground on state-owned land. RESPONDENT IS EXPRESSLY PLACED ON NOTICE OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966 (PB-89-66, 80 STATUTE 915; 16 U.S.C.A. §470) AND THE ANTIQUITIES CODE OF TEXAS, CHAPTER 191, TEX. NAT. RES. CODE ANN. BEFORE BREAKING GROUND AT THE PROPERTY, RESPONDENT MUST NOTIFY THE TEXAS HISTORICAL COMMISSION. AN ARCHEOLOGICAL SURVEY, AT RESPONDENT’S SOLE COST AND EXPENSE, MIGHT BE REQUIRED BY THE COMMISSION BEFORE

CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS CAN COMMENCE.

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SECTION 4 – PROPOSAL

4.1 Technical Proposal

Respondents shall address the following items in the proposal response:

I. Respondent Qualifications

(a) A list of the organizations collaborating on the response, along with the roles and responsibilities of each organization.

(b) Identify the entity within the team which is developing a new nuclear reactor design or new nuclear technology. Briefly, limiting to one page, provide an executive summary of the technology, the technology readiness level, and the pathway to application in commercial electrical power generation.

(c) A list of the names and addresses of all the owners, executives, managers, partners, members, shareholders, or principals of the Respondent, and all entities having an ownership interest in the Respondent. Also, include a complete general description of experience in the respective fields for each of the parties listed.

(d) Provide evidence that demonstrates Respondent has the ability to execute on all aspects of the project, including site evaluation and preparation, NRC reactor permitting and licensing, reactor design, development, construction, operation, maintenance, interconnect, and ultimate decommissioning, etc.

(e) A list of similar projects (no more than five) Respondent has developed or is developing, including location description and period of time. Developments initiated or completed within the last five years are preferred. Explain in detail. If a development listed was not completed by Respondent, but instead was completed by a separate entity for which a current principal of Respondent was a representative of the different entity, the listing must state the principal’s name, the entity name, and the principal’s title associated with the entity.

II. Proposed Facilities and Business Model Structure

(a) Entity Details:

• Name of business entity filing form, and the city, state and country of the business entity's place of business.

(b) Proposed Name and Capacity of the Nuclear Electric Generating Facility:

• Specify the anticipated nameplate capacity of each generation resource in megawatts

(MW).

• Provide the anticipated dates when the facilities will commence commercial operations and the design life of operation.

• State the anticipated total project cost. State the anticipated cost and timeline of each sub-phase.

(c) Financing Plan:

• Provide a list of anticipated funding sources, categorized separately as private and public.

The Texas A&M University System RFP01 VCE-25-217 Page 15 of 31

• If Respondent plans to pursue public funds (federal, state, or local funds), please describe funding opportunities that will be explored.

• As appropriate propose a strategy for response to DE-FOA-0003392.

• If Respondent’s submission includes multiple Facilities, list proposed financial plans of all proposed Plants.

(d) Timeline and Strategy:

• Provide a timeline and plan for all aspects of the project leading to operations, including, but not limited to, site evaluation and preparation, design, NRC reactor permitting and licensing, development, construction, ERCOT interconnect, and commissioning of the Facilities.

• Describe the strategy and plans for management, operations, maintenance, staffing, refueling, decommissioning.

• If Respondent pursues public funds (federal, state, or local funds), please describe timeline for each funding opportunity.

• Gen III+ SMR respondent should outline a strategy for response to DE-FOA-0003392 (both type 1 and type 2 proposals).

(e) Business Structure:

• Provide the business model/arrangement that Respondent proposes to structure this project with the A&M System.

• If a Site ground lease is proposed by the Respondent, please provide the proposed length, ground rent, profit share rent or other consideration, if any, and any other relevant terms for review by the A&M System.

• Provide any additional information or documentation for the structural outline of Respondent’s business proposal.

(f) Plant Description: Respondent shall address each of the subsections in Exhibit C attached hereto.

(g) Additional Considerations:

Additional criteria used to evaluate the value of the proposal, though not mandatory, include:

• Site Suitability and Facility Design: Evaluation of how well the proposed operating parameters and plant design fit the site, considering aspects such as cooling methods, fuel source, noise levels, aesthetic integration, spatial footprint, and overall capacity.

• Electrical Integration: Assessment of the potential for direct electrical connections to regional transmission lines, regional offtakers, and RELLIS campus substations, microgrids, and backup power systems.

• Educational and Research Synergy: Examination of the extent to which respondents are willing to sponsor and/or collaborate with A&M System educational or research programs that align with nuclear energy generation.

• Workforce Development: Plan for partnering with the A&M System university and state agencies on workforce development programs, e.g., certificate programs, curricula development, and student internships and co-ops.

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• Efficiency and Technology: Consideration of the proposal’s incorporation of more efficient power sources and advanced technologies aimed at reducing emissions, sustainability, and considering environmental impact.

• Community Engagement: Consideration of the respondent’s plan for engaging with the local community and addressing any concerns related to the project.

III. Method of Finance

A&M System is interested in securing reliable and affordable power supply arrangements to ensure electricity for the RELLIS campus and regional offtakers. There are various financial arrangements, non-monetary considerations, and other potential collaborative opportunities that the Respondents may propose. A&M System is open to considering various proposals, including leasing land to entities in exchange for specific considerations. Within the legal constraints applicable to A&M System as a non-profit state entity, these collaborations could involve diverse financial models and partnership structures designed to maximize mutual benefits and effectively address the specific energy needs of A&M System.

For entities intending to engage in commercial services on the proving grounds:

• Provide a preliminary multi-year pro-forma with substantiation on rates and expenses. All assumptions used in developing this pro-forma shall be disclosed within your submission.

• Pro-forma to include Respondent’s projected ground rent payment structure for each phase of the development (i.e., base rent, profit share, escalation rate, etc.).

4.2 References

Respondents shall provide at least three (3) references from other projects. Each reference shall include at least the following:

• Company name

• Contact person name and title

• Contact phone number and email address

• General description of the completed scope and services provided

4.3 HUB Participation Plan

It is the policy of the State of Texas and A&M System to encourage the use of Historically Underutilized Businesses (HUBs) both directly and indirectly in our prime contracts and subcontracting efforts. The goal of the HUB Program is to promote equal access and equal opportunity in A&M System contracting and purchasing.

Subcontracting opportunities are defined as those opportunities contracted with a vendor to work, to supply commodities, or contribute toward completing work for a governmental entity. Respondents are required to submit a HUB Participation Plan describing in detail how they will commit to a “Good Faith Effort” to attract and use State of Texas certified HUB vendors.

A HUB Participation Plan is required to be submitted by each Respondent. Failure to submit a comprehensive, acceptable HUB Participation Plan may be considered a material failure to comply with the requirements of this RFP and may result in rejection of the response. This HUB Participation Plan shall be a detailed plan outlining your methodology of HUB Participation – a blueprint that accurately represents your company’s strategy for evaluation of intent.

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Respondents shall address the following items at a minimum while developing the HUB Participation Plan.

1. The Respondent shall state whether it is a Texas certified HUB vendor.

2. State its commitment to making a good faith effort to include HUB vendors as it relates to the scope of this RFP.

3. Discuss general areas of potential subcontracting opportunities as it relates to design, construction, and operation of the development.

4. Describe how you intend to locate HUB vendors for solicitation and possible inclusion in this opportunity. For example, will you use the CMBL/HUB Directory listings (https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do)? Will you advertise in minority or trade organization newsletters or newspapers? Etc.

5. Provide a list of the trade organizations or development centers that you intend to work with in your outreach efforts. Examples of these can be found at the following site.

https://comptroller.texas.gov/purchasing/vendor/hub/resources.php

For more information regarding the HUB Participation Plan requirements, please contact Lashunda Watson at so-hubprogram@tamus.edu.

Upon execution of an Agreement, additional documentation may be required, including but not limited to, a complete HUB Subcontracting Plan for the design, construction and operation of the development (as applicable), and Prime Contractor Progress Assessment Report (PAR) forms to document compliance with your HUB Subcontracting Plan. These forms can be found at the following site.

https://www.tamus.edu/business/hub-procurement/hub-programs-3/ https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:so-hubprogram@tamus.edu https://www.tamus.edu/business/hub-procurement/hub-programs-3/

The Texas A&M University System RFP01 VCE-25-217 Page 18 of 31

SECTION 5 - GENERAL TERMS AND CONDITIONS

5.1 Terms and Conditions

A&M System reserves the right to accept, reject, modify, and/or negotiate any and all proposals received in conjunction with this RFP. It reserves the right to waive any defect or informality in the proposals on the basis of what it considers to be in its best interests. Any submittal which A&M System determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. A&M System reserves the right to award to the firm, or firms, which in our sole judgment, will best serve our long-term interest.

This RFP in no manner obligates A&M System to the eventual purchase of any products or services described, implied, or which may be proposed, until confirmed by written agreement, and may be terminated by A&M System without penalty or obligation at any time prior to the signing of a resultant agreement.

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by A&M System Office of General Counsel are essential prior to the award of a resultant agreement. In the event the Respondent does not supply terms and conditions with their submittal, A&M System terms and conditions will govern this transaction.

5.2 Governing Law

Respondent agrees that, in the event of a dispute, the laws of the State of Texas will prevail.

5.3 Non-Discrimination

The parties agree that in the performance of any contract they shall not discriminate in any manner on the basis of race, color, national origin, age, religion, sex, genetic information, veteran status, sexual orientation, gender identity, or disability protected by law. Such action shall include, but is not limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation. By submitting a submittal, Respondent certifies that it will conform to the provisions of the federal Civil Rights Act of 1964, as amended.

5.4 Immigration Reform and Control Act of 1986

By submitting a proposal, the Respondent certifies it does not and will not, during the performance of this contract, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended.

5.5 Debarment Status

By submitting a proposal, Respondent certifies it is not currently debarred from submitting proposals on contracts nor is it an agent of any person or entity that is currently debarred from submitting bids on contracts.

5.6 Indemnification and Hold Harmless

The Respondent shall indemnify and hold harmless the A&M System, its regents, employees and agents (collectively, the “A&M System Indemnitees”), from and against any third-party claims, damages, liabilities, expense or loss (each, a “Claim”) asserted against A&M System Indemnitees arising out of any acts or omissions of Respondent or its employees or agents pertaining to the activities and obligations

The Texas A&M University System RFP01 VCE-25-217 Page 19 of 31 under any resultant agreement and all liability of whatever nature which may arise directly or indirectly by reason of the Respondent’s performance under any resultant agreement.

5.7 Respondent Liability

The Respondent will be liable for any associated costs of repairs for damage…