NSA Annapolis Energy RFP 15May2024.pdf

Request For Proposals: N40080-24-RP-00062 / LO-10985

LEASE

FOR UP TO 857 ACRES OF LAND FOR

THE DEVELOPMENT OF CLEAN ENERGY GENERATION CAPACITY

AT THE FORMER NAVAL ACADEMY DAIRY FARM

NAVAL SUPPORT ACTIVITY ANNAPOLIS

(in conjunction with the United States Naval Academy)

MARYLAND

Request For Proposals

N40080-24-RP-00062 / LO-10985

May 15, 2024

Naval Facilities Engineering Systems Command, Washington 1314 Harwood St., SE, Washington Navy Yard, DC 20374

Request For Proposals: N40080-24-RP-00062 / LO-10985

Contents

1.0 EXECUTIVE SUMMARY

1.1 AUTHORITY

1.2 NSA ANNAPOLIS ENERGY GENERATION

1.3 SITE LOCATION

1.4 ENERGY GENERATION CONCEPT

1.5 BUSINESS OPPORTUNITY

1.6 PROJECT OBJECTIVES

2.0 DEVELOPMENT CONSIDERATIONS

2.1 SITE IMPROVEMENTS

2.2 HISTORICAL, CULTURAL AND ARCHEOLOGICAL

2.3 DON ENVIRONMENTAL DOCUMENTATION

2.4 UTILITIES

2.5 EASEMENTS AND ENCUMBRANCES

2.6 NAVAL ORDNANCE SAFETY AND SECURITY ACTIVITY (NOSSA)

2.7 MCKINNEY-VENTO HOMELESS ASSISTANCE ACT 42 U.S.C. § 550

2.8 DAVIS-BACON ACT 40 U.S.C. § 3141

2.9 BUILDING CODES & OTHER REQUIREMENTS

2.10 MISSION ASSURANCE AND NATIONAL SECURITY CONSIDERATIONS

3.0 EVALUATION OF PROPOSALS

3.1 SOURCE SELECTION

3.2 PROPOSAL RATING ASSESSMENT

3.3 THIRD PARTY MONITOR ACCEPTABILITY (IF REQUIRED)

4.0 PROPOSAL SUBMISSION INSTRUCTIONS & PROCESS

4.1 PROPOSAL CONTENTS AND FORMAT

4.2 SUBMISSION OF PROPOSALS

4.3 SELECTION OF OFFEROR FOR EXCLUSIVE NEGOTIATIONS

4.4 NAVY LABOR COST

4.5 CLARIFYING QUESTIONS

5.0 SPECIAL CONDITIONS AND LIMITATIONS

5.1 NO OBLIGATION

5.2 HOLD HARMLESS

5.3 NATIONAL SECURITY REVIEW

5.4 EXECUTIVE ORDER 13920 COMPLIANCE

5.5 WAIVER

5.6 POINT OF CONTACT FOR INFORMATION AND CLARIFICATIONS

5.7 DUE DILIGENCE

5.8 SITE VISIT OPPORTUNITY

6.0 APPENDICES

6.1 APPENDIX A – SITE MAPS

6.2 APPENDIX B – PAST PERFORMANCE QUESTIONNAIRE

6.3 APPENDIX C – TERM SHEET OUTLINE

Request For Proposal: N40080-24-RP-00062 / LO-10985 1

REQUEST FOR PROPOSALS FOR LEASE AT NSA ANNAPOLIS

1.0 EXECUTIVE SUMMARY

1.1 AUTHORITY

The Department of the Navy (“DON”) is making available for Lease non-excess real property at former Naval Academy Dairy Farm (“Dairy Farm” or “Installation”), part of Naval Support Activity (NSA) Annapolis, in Maryland, under the authority of Title 10 United States Code (U.S.C.) § 2667 and Title 10 U.S.C. § 8476.

1.2 NSA ANNAPOLIS ENERGY GENERATION

The offering for potential Outlease of non-excess property aboard NSA Annapolis is for an Energy Generation Project in accordance with Secretary of the Navy Instruction

(“SECNAVINST”) 4101.3A.

1.3 SITE LOCATION

The proposed site (“Site”) consists of improved and unimproved land on NSA Annapolis at the former Dairy Farm, measuring approximately 857 acres. While it’s no longer operational, the Site was established in 1911 to provide future Naval Officers with a safe supply of milk. During its prime, the Dairy Farm maintained approximately 300 cows and a staff of 15, providing 700 – 1,000 gallons of milk a day. The site is located approximately 15 miles from the United States Naval Academy (USNA) in Gambrills, Maryland.

This opportunity encompasses the entirety of the 857-acre Dairy Farm, offering a canvas for energy generation. This includes not only solar energy generation but also the integration of agrivoltaics with local crop cultivation, farming ventures, and the potential for use by local organizations or non-profits. The DON's priority lies in maximizing energy production while preserving the rural and agricultural character of the land and ensuring benefits for the local community. Full details of the project site can be found in section 1.4.

The Site is currently operating under Title 10 U.S.C. § 8476 which requires the Site to be maintained in its rural and agricultural nature. Modification of the statue may be required pending determination of any proposed project compliance. Developers who provide a concept that is in line with Title 10 U.S.C. § 8476, will be given preference. A map identifying the location, area, and parameters of the Dairy Farm can be found as Appendix A.

The DON favors engaging in exclusive negotiations for the Dairy Farm with a single selected developer. However, it retains the right to select an individual, multiple, or no developers for exclusive negotiations, contingent upon delivering the best value to the DON. There are no guarantees of use of DON property unless the parties reach a mutually agreed upon and executed Government Lease for use of real property.

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1.4 ENERGY GENERATION CONCEPT

This Request for Proposals (“RFP”) envisions a DON Outlease of the Site to one (however, retains the right to select one, multiple, or none) qualified non-Federal user(s) (“Lessee”) to plan, finance, construct, own, operate and maintain a System, and/or other improvements. The DON will execute a two-step selection process to appoint a developer for this visionary project, involving a thorough down-selection after Phase I to selected developer(s) for Phase II. Detailed guidelines and Source Selection Criteria governing this process are described in Section 3.1. This methodical approach ensures that only the most qualified and capable developers progress to Phase II, where they will be afforded the opportunity to present comprehensive proposals that align closely with the DON's vision and objectives. Through this structured selection process, the DON aims to identify a developer(s) who possesses the expertise, innovation, and commitment necessary to realize the project's multifaceted goals and deliver tangible benefits to both the DON and the surrounding community.

The DON is seeking a Lessee to establish a mixed-use energy generation project that not only provides energy generation but also enriches the local community in exchange for cash or In- Kind Consideration (“IKC”) at not less than the Fair Market Value of the leased property as further discussed below. While the primary objective for the project is to maximize energy generation, the DON encourages developers to work with local organizations, non-profits, or other entities to provide a holistic approach for the entire Dairy Farm premise. In addition to solar development, developers are encouraged to provide other energy generation technologies, such as agrivoltaics with active farming, that can provide a benefit both to the DON and the local community. To bring this vision to life, the DON envisions collaborative partnerships between the Lessee and local nonprofit organizations, particularly in the realms of farming, agriculture, and the utilization and maintenance of housing units (refer to Section 3.0 for further details).

Additionally, developers are encouraged to provide a plan that maintains the rural and agricultural ambiance and view shed for the adjoining residential community.

Any proposed energy generation project must align with DoD Carbon Free Electricity (CFE) and Department of Navy Climate Action 2030, setting the DON on a path to achieve the Nation’s commitment to net-zero greenhouse gas emissions by 2050. The Offeror’s proposal shall develop on-base generation facilities for off-base consumption (i.e., utility purchase or private offtaker).

The DON does not intend to purchase energy from a proposed project. It is expected that Offerors to this RFP will secure offtake agreements for proposed projects through available market offtake opportunities.

In accordance with 10 U.S.C. § 2667, the DON is required to receive value in the form of cash or IKC for the Outlease of Site and/or Facilities in an amount not less than the Fair Market Rental Value. In accordance with 10 U.S.C. § 8476, the DON may seek consideration in the form of cash payment, to be retained by the Superintendent of the Naval Academy and made available to cover expenses related to the Dairy Farm, including reimbursing nonappropriated fund instrumentalities of the Naval Academy. With a focus on enhancing climate resilience and CFE, the DON is primarily seeking innovative ideas to provide a net-zero United States Naval Academy, infrastructure improvement projects to enhance the Installation’s climate resilience posture, and a cash payment reimbursement of nonappropriated fund instrumentalities of the

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Naval Academy. DON may also seek compensation in the form of other energy and non-energy maintenance and infrastructure projects aboard the Installation.

1.5 BUSINESS OPPORTUNITY

The DON shall competitively select one or multiple Lessees to Lease the Site. The Lessee(s) will, in a timely manner, develop, finance, operate, and maintain a System within the Site for the term of the Lease (not to exceed 37 years). As consideration, the Lessee(s) will provide (per the terms of Section 1.4) IKC that directly provides a net-zero United States Naval Academy, infrastructure improvement projects to enhance the Installation’s climate resilience posture and a cash payment reimbursement of nonappropriated fund instrumentalities of the Naval Academy.

In addition to IKC, developer shall provide the DON with administrative expense reimbursement to enter into the transaction in accordance with 10 U.S.C. § 2695.

1.6 PROJECT OBJECTIVES

The following objectives have been set for this project:

Provide clean energy generation, which can be leveraged to contribute to a net-zero

United States Naval Academy;

Enter into a long-term Lease with one or multiple Lessees who will provide good stewardship over the property;

Successfully integrate development activities with cultural resources and environmental policy management requirements compatible with the mission of the Installation; and Comply with all National Environmental Policy Act (“NEPA”) and Environmental

Condition of Property Report (“ECP”) requirements.

2.0 DEVELOPMENT CONSIDERATIONS

This section describes existing conditions at the Site. Information and/or documents pertaining to the property and provided to Offerors are believed to be correct; however, the DON does not warrant this information. This property will be offered “as is, where is” in the Lease. All activities shall be confined to the Site (see Section 6). Without warranty, any mission, environmental, cultural, regulatory, or real estate encumbrances or constraints that may exist at the proposed project Site are noted in this section.

2.1 SITE IMPROVEMENTS

Upon selection, the chosen developer(s) will enter into a Lease agreement encompassing the entirety of the Dairy Farm property, spanning 857 acres. Furthermore, the DON encourages collaboration with local non-profit entities or organizations to facilitate the upgrade and/or reconstruction of continued upkeep of the housing and other structures within the premises of the Lease. Additionally, to mitigate any potential disturbances to the local community, a buffer zone is encouraged along the fence line adjacent to the housing units (as shown in Appendix A).

Development must comply with applicable County, State, and Federal environmental laws and Navy policies, and Lessee(s) shall maintain adherence to existing permit requirements at specific locations on the Site.

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2.2 HISTORICAL, CULTURAL AND ARCHEOLOGICAL

Consultation with the State Historic Preservation Officer (“SHPO”), native Tribal Governments, and other interested parties regarding any proposed action shall be required under Section 106 of the National Historic Preservation Act. The result of such consultation may require mitigation for which the Lessee(s) shall be responsible at the Lessee(s)’ expense.

2.3 DON ENVIRONMENTAL DOCUMENTATION

An ECP Report and NEPA environmental documentation will be completed prior to Lease execution. Based on the scope of the project, the DON anticipates that NEPA environmental documentation will comprise of an Environmental Impact Statement (“EIS”) or an Environmental Assessment (“EA”). Lessee shall be responsible for compliance with all Design Measures, Current Practices, Best Management Practices, Conservation and Minimization Measures, and Mitigation measures determined during the course of conducting regulatory consultations and NEPA review, at the Lessee’s expense, as the properties are offered “as is, where is” in the Lease. Lessee shall be responsible for complying with all applicable local, State, and Federal law and regulations. Lessee will cover all costs related to the preparation and approval of the NEPA and ECP documentation as administrative expenses under 10 U.S.C. § 2695.

2.4 UTILITIES

Interconnection to the utility grid is subject to an interconnection agreement with Baltimore Gas & Electric (BG&E). The Lessee shall be responsible for all costs for the interconnection and operation of the System, to include but not limited to, new lines, North American Electric Reliability Corporation (“NERC”) compliance, and associated studies, as required. The Lessee undertakes all risk of failure to obtain all necessary permits and agreements. The Lessee is responsible for procuring access to utilities for construction.

2.5 EASEMENTS AND ENCUMBRANCES

Known third-party real estate encumbrances or constraints existing at the proposed Site are identified in the attached Site Maps (see Section 6). The Lessee is responsible for determining and coordinating its use with all easements and encumbrances.

2.6 NAVAL ORDNANCE SAFETY AND SECURITY ACTIVITY (NOSSA)

The Site is not encumbered by Inhabited Building Distance (“IBD”) or Public Traffic Route (“PTR”) Explosives Safety Quantity Distance (“ESQD”) arcs from surrounding explosives ordnance operations.

2.7 MCKINNEY-VENTO HOMELESS ASSISTANCE ACT 42 U.S.C. § 550

Under Title V of the McKinney-Vento Homeless Assistance Act, a Federal Register notice regarding the properties will be conducted prior to Lease signing.

2.8 DAVIS-BACON ACT 40 U.S.C. § 3141

Davis-Bacon wage requirements apply to the elements of the project constructed on behalf of the DON, which may include, but are not limited to, any necessary access road improvements.

Request For Proposal: N40080-24-RP-00062 / LO-10985 5

Davis-Bacon wage requirements may apply to specific IKC projects constructed for the DON’s sole benefit.

2.9 BUILDING CODES & OTHER REQUIREMENTS

Construction on the Site shall comply with all applicable governmental laws, codes, criteria, rules and regulations. Construction on the Site shall also comply with the appropriate Unified Facilities Criteria (“UFC”) Standards, National Fire Protection Association Standards, National Electrical Code, National Electric Safety Code, and Utility-grade cybersecurity requirements that conform to National Institute of Standards and Technology (“NIST”), North American Electric Reliability Corporation (“NERC”), Federal Energy Regulatory Commission (“FERC”) and Critical Infrastructure Protection (“CIP”) requirements then in effect for the type(s) of occupancy proposed, or such other more stringent fire protection, electrical and other life safety codes, if any, then in effect and adopted by the city and county.

Entering and transiting through government property shall be conducted in a safe manner and comply with Installation safety and security standards. Lessee shall comply with all applicable Installation access and security requirements.

2.10 MISSION ASSURANCE AND NATIONAL SECURITY CONSIDERATIONS

In addition to any information known and provided to the DON under Section 4.1 and throughout negotiations, the successful Lessee will be affirmatively obligated in the Lease to notify the DON of any new or changed information reflected in Section 4.1 that impacts mission assurance or national security considerations. Be advised that providing this information throughout the duration of the Leases may affect Lessee’s development or operation plans for the Site. This may include: changes in ownership of Lessees; vetting of sub Lessees or assignees;

approving the billing of materials, addition of foreign business contacts; new or changed material vendors used for on-site development, construction, operations, or maintenance activities; or any other information reflected in the Leases.

3.0 EVALUATION OF PROPOSALS

3.1 SOURCE SELECTION

It is the intent of the DON that, after a thorough review and evaluation of all compliant Proposals received, a subset of the most qualified and capable developers will move from Phase I to Phase II, through the DON down-selection process. The DON may award a contract resulting from Phase II to the responsible Offeror whose offer, conforming to the solicitation, will be the most advantageous to the Government. Offerors shall be evaluated for Phase I on the factors listed below. The Source Selection Board (SSB) will utilize a down-select methodology in evaluating the proposals. The evaluation factors for Phase I are identified below and are of equal importance to each other. Phase II Source Selection Criteria will be provided to those developers who are selected from Phase I.

Phase I:

Factor 1: Power Generation Conceptual Proposal Factor 2: Offeror’s Relevant Experience Factor 3: Offeror’s Past Performance

Request For Proposal: N40080-24-RP-00062 / LO-10985 6

Factor 4: Offeror’s Financial Strength

Phase II:

The Offerors invited to participate in the Phase II period of this solicitation will be required to submit a written technical and financial proposal which shall fully describe the physical characteristics and design of the proposed development; the financing plan proposed to implement the development; a description and demonstration of partnerships with local non-profits and/or farming groups showcasing the collaborative efforts and approach to address community needs; the plan proposed to operate, manage, and maintain the development over the term of the Lease; the schedule proposed for achieving key milestones in the development process, and the financial compensation to be provided to DON.

Proposals offering sites not identified in this RFP will be deemed non-compliant and not eligible for award under this RFP.

3.2 PROPOSAL RATING ASSESSMENT

To determine best value to the DON, formal Proposals that are deemed in compliance with the RFP will be evaluated on all Parts listed in Section 4.1 using the following Proposal Rating Assessment. After each Factor is rated, each Proposal will receive an overall rating, also in accordance with the ratings defined below.

EXCEPTIONAL (E) – Proposal demonstrates thorough and detailed understanding of requirements. Technical approach, delivery schedule and capabilities significantly exceed performance and capability standards. Proposal/factor offers one or more strengths. Strengths significantly outweigh weaknesses, if any. The Proposal/factor represents a high probability of success with a very low degree of Proposal and performance risk.

GOOD (G) - Proposal demonstrates good understanding of requirements. Technical approach and capabilities exceed performance and capability standards. Proposal/factor offers one or more strengths. Strengths outweigh any weaknesses. The Proposal/factor represents a strong probability of success with overall low degree of Proposal and performance risk.

SATISFACTORY (S) - Proposal demonstrates acceptable understanding of requirements. Technical approach and capabilities meet performance and capability standards. Proposal/factor offers no strengths, or, if there are any strengths, these strengths are offset by weaknesses. The Proposal/factor represents a reasonable probability of success with overall moderate degree of Proposal and performance risk.

MARGINAL (M) - Proposal demonstrates a limited understanding of requirements.

Technical approach and capabilities are questionable as to whether or not they meet performance and capability standards necessary for acceptable contract performance.

Proposal/factor contains weaknesses and offers no strengths, or, if there are any strengths, these strengths are outweighed by weaknesses. The Proposal/factor represents a low probability of success with overall high degree of Proposal and performance risk.

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Proposal/factor might be made satisfactory with additional information and without a major revision of the Proposal.

POOR (P) - Proposal demonstrates a lack of understanding of requirements. Technical approach and capabilities do not meet performance and capability standards necessary for acceptable contract performance. Proposal/factor contains major errors, omissions, significant weaknesses and/or deficiencies. The Proposal/factor represents a very low probability of success with an extremely high degree of Proposal and performance risk.

Proposal/factor could only be made satisfactory with major revision of Proposal.

3.3 THIRD PARTY MONITOR ACCEPTABILITY (IF REQUIRED)

Third Party Monitor (“TPM”) nominations, if required for consideration for exclusive negotiations, will generally be evaluated for the acceptability of the nominee, including reasonable assurances that necessary security clearance eligibility will be obtained by said nominee by the time of Lease execution.

The nominated TPM shall be an independent entity, with no financial interest in the Offeror, shall be citizen(s) of the United States and must have or be eligible to obtain by time of Lease execution a Secret Personnel Clearance. Offeror must also submit a certification at the time of selection, in writing, that TPM services, if approved by the Government will be paid for solely by Offeror should they be selected to execute a Lease.

4.0 PROPOSAL SUBMISSION INSTRUCTIONS & PROCESS

4.1 PROPOSAL CONTENTS AND FORMAT

The Offeror’s Proposal for Phase I will consist of the following:

Factor 1: Project Generation Conceptual Proposal Offeror will provide a project plan that identifies:

Maximum Generation expected to be produced from the Lease.

Feasibility assessment that generation expected to be produced from the Lease is suitable for the BG&E grid.

Overall project concept.

Analysis of the commercial risks inherent in the project concept, as well as a discussion on mitigating factors the Offeror will put in place to reduce the likelihood and impact of those risks.

Factor 2: Offeror’s Relevant Experience Offeror will provide examples of:

Relevant experience.

Examples of experience with Solar Development projects, to include achieving offtake from local utility or other entities, if applicable.

Past and present performance. Offeror and material vendors must provide a minimum of one (1) and a maximum of three (3) references using the form included in Appendix C. Project references must be no earlier than 2013.

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Factor 3: Offeror’s Relevant Past Performance The assessment of the Offeror’s past performance will be used as a means of evaluating the capability of the Offeror to perform successfully on the subject outlease. The evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. Note that in evaluating the Offeror's past performance, the Government may consider information in the offer and information from other sources, including references, past and current lessees, Government agencies, and any other sources deemed necessary. The currency and relevance of the Past Performance information, source of the information, context of the data, and general trends in Offeror’s performance shall be considered. Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably in past performance and will receive No Rating.

Factor 4: Offeror’s Financial Strength Offeror will provide a conceptual financial plan that demonstrates the

Offeror’s capability to finance large, complex projects, especially under a leasing arrangement, as well as the Offeror’s strategy to secure financing.

4.2 SUBMISSION OF PROPOSALS

Offerors will send all Phase I Proposal materials by the deadline ending at 5:00 p.m. (EDT) on July 29, 2024.

Responses shall be submitted electronically via email to DoD SAFE (Secure Access File Exchange) website https://safe.apps.mil/.

In order to submit a proposal through the DoD SAFE website, Responders must Request a Drop- Off. Please submit via email to Zoe Johnson (zoe.p.johnson.civ@us.navy.mil) with name, email address, and phone number of the individual(s) who requires access to DoD SAFE. The recipient(s) will receive an automated email containing the instructions for uploading the file(s).

Instructions on how to use DoD SAFE can be found here: https://safe.apps.mil/.

Proposals must be submitted as a single Adobe Portable Document Format (“PDF”) document, no larger than 15MB. Proposals must be formatted to correspond with the Parts outlined in Section 4.1.

Proposals must identify a person who is the single point of contact (“POC”) responsible for all communications with respect to this RFP. Submit POC name, title, phone number, email, and mailing address.

4.3 SELECTION OF OFFEROR FOR EXCLUSIVE NEGOTIATIONS

Phase I – A DON evaluation team comprised of civilian employees of the Navy and uniformed military personnel will evaluate each proposal. The team will determine the overall value of the proposal to DON and the potential for meeting the goals of the leasing arrangement, in accordance with the evaluation factors previously stated. Therefore, the proposal should contain

Request For Proposal: N40080-24-RP-00062 / LO-10985 9 all information that the Offeror deems is needed by DON to make a selection. Proposals will be evaluated on their own merit, independently and objectively. Selection of Offerors for Phase II will be based on an integrated assessment of the evaluation factors and evaluation ratings set forth in 3.2 and 4.1, respectively, of this RFP. Through these evaluations, the DON will determine and select the Proposal(s) demonstrating the lowest risk, highest value, and the most benefit to the DON, and notify Offeror(s) that they have been down-selected to Phase II.

4.4 NAVY LABOR COST

The DON calculates the average cost to enter into a transaction of this magnitude to be in the range of $1,500,000 – $2,000,000 per site. This value may be recalculated based on site(s) utilized, technology proposed, and other complicating factors. This is in accordance with Title 10 U.S.C. § 2695 - Acceptance of Funds to Cover Administrative Expenses Relating to Certain Real Property Transactions. After Lessee selection, this value will be payable upon entering into exclusive negotiations. The remaining amount due and any other unforeseen administrative costs incurred by the government to obtain Lease signature will be payable following Lease negotiations. These amounts are subject to annual government audit up to Lease signature.

4.5 CLARIFYING QUESTIONS

At the discretion of the DON, clarifying questions may be asked via email, regarding specifics within Offeror’s Proposal. Clarifying questions may be asked of any or all Offerors. Offerors are required to submit written submissions in response to clarifying questions, limited to material requested in the clarifying questions.

5.0 SPECIAL CONDITIONS AND LIMITATIONS

5.1 NO OBLIGATION

While the DON intends to enter into one Lease with one Offeror selected through the process set forth in this RFP, the DON is under no obligation to do so. The DON reserves the right to cancel this RFP at any time, or to reject any and all submissions prepared in response to this RFP.

5.2 HOLD HARMLESS

By participating in the RFP process, Offerors agree to hold the United States of America, its officers, employees, and advisors harmless from all claims, liabilities, and costs related to all aspects of this RFP. Materials submitted in response to this RFP become property of the Government upon submission. Under no circumstances shall the Government be liable for any “bid and Proposal” costs, real estate brokerage commissions, finder’s fees, or other forms of compensation related in any way to the Offerors’ submission of Proposals.

5.3 NATIONAL SECURITY REVIEW

Under the Defense Production Act of 1950, as amended, the executive branch of the government is authorized to review “covered transactions” under 50 U.S.C. § 4565(b)(1)(A), as implemented by the Committee on Foreign Investment in the United States (“CFIUS”). Nothing in this RFP shall prohibit or limit the DON, Department of Defense (“DoD”) or other agencies from objecting to any transaction before CFIUS; nor shall the existence of this RFP otherwise limit communications with CFIUS during national security reviews and investigations or during

Request For Proposal: N40080-24-RP-00062 / LO-10985 10 mitigation, tracking, and post-consummation monitoring and enforcement, pursuant to 50 U.S.C.

§ 4565, as applicable.

5.4 EXECUTIVE ORDER 13920 COMPLIANCE

Executive Order (“EO”) 13920: Securing the United States (“U.S.”) Bulk-Power System (“BPS”), prohibits conducting business with and using equipment supplied by foreign adversaries on work related to the BPS. Lessee(s) shall comply with EO 13920 and other applicable Federal mandates regarding doing business with and using equipment supplied by foreign adversaries that present risks to the U.S. BPS, other critical infrastructure, the economy, and national security.

5.5 WAIVER

The DON reserves the right to waive informalities and irregularities in offers received if it is determined that it is in the best interest of the Government to do so.

5.6 POINT OF CONTACT FOR INFORMATION AND CLARIFICATIONS

All questions, clarifications, and general information requests shall be submitted via email to both:

Christine Hays at christine.a.hays.civ@us.navy.mil and Kara Noya at kara.l.noya.civ@us.navy.mil.

All questions asked by Offerors must be received no later than June 21, 2024.

5.7 DUE DILIGENCE

The Offeror(s) selected for exclusive negotiations is permitted to access the proposed Lease premises for the limited purpose of conducting due diligence activities in support of project regulatory approval, in accordance with the following permitted activities: Data collection, survey, geotechnical sampling and environmental research in support of project design, review and land use regulatory approval. The Offeror(s) selected for exclusive negotiations shall obtain prior written approval, not to be unreasonably withheld, from Department of the Navy for the locations of all geotechnical borings.

All communications regarding due diligence requests shall be submitted via email to both:

Christine Hays at christine.a.hays.civ@us.navy.mil and Kara Noya at kara.l.noya.civ@us.navy.mil.

5.8 SITE VISIT OPPORTUNITY

NSA Annapolis is offering the opportunity for Offeror(s) to attend a site visit for the property on June 13, 2024.

Please register for Site Visit no later than 5:00 p.m. (EST) on May 30, 2024 by emailing the following information to DON POC’s Zoe Johnson at zoe.p.johnson.civ@us.navy.mil and Megan Schroeder at megan.e.schroeder2.ctr@us.navy.mil

1) Company Name and summary of services and capabilities

2) Name(s) (First, Middle, Last) of personnel attending (limit 2 per company), Date of

Birth, and DBIDS # if applicable. Attendees must be U.S. citizen.

3) Email Addresses

4) Phone Number

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The government will send a follow-on email to confirmed participants with meeting time and location details, a base map and final agenda. All participants should be prepared to bring a valid form of government ID.

All Site Visit questions and participation requests shall be submitted via email to both: Zoe Johnson at zoe.p.johnson.civ@us.navy.mil and Megan Schroeder at megan.e.schroeder2.ctr@us.navy.mil.

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6.0 APPENDICES

6.1 APPENDIX A – SITE MAPS

See additional documents posted on SAM.gov.

6.2 APPENDIX B – PAST PERFORMANCE QUESTIONNAIRE

See additional documents posted on SAM.gov for describing the past performance.

6.3 APPENDIX C – TERM SHEET OUTLINE

See additional documents posted on SAM.gov for describing the financing terms.