MCAS Yuma EUL RFP_ N62473-24-RP-00108 - Final.pdf

Request For Proposals No. N62473-24-RP-00108

LEASES

FOR UP TO 1,800 ACRES OF LAND

FOR

ENERGY GENERATION AND/OR STORAGE, RESILIENCY,

RELIABILITY, AND SECURITY

AT

MARINE CORPS AIR STATION YUMA

(MCAS Yuma)

ARIZONA

Request For Proposals No. N62473-24-RP-00108

March / 19 / 2024

Naval Facilities Engineering Command, Southwest 750 Pacific Highway, San Diego, CA 92132

Request For Proposals No. N62473-24-RP-00108

Contents

1.0 EXECUTIVE SUMMARY

1.1 AUTHORITY

1.2 MCAS YUMA ENERGY RESILIENCE

1.3 SITE LOCATION

1.4 VISION

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

2.8 DAVIS-BACON ACT

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 RISK ASSESSMENT

3.3 PROPOSAL RATING ASSESSMENT

3.4 IN-KIND CONSIDERATION PERFORMANCE STANDARD

3.5 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

6.0 APPENDICES

6.1 APPENDIX A – SITE MAPS

6.2 APPENDIX B – NON-DISCLOSURE AGREEMENT

6.3 APPENDIX C – PAST PERFORMANCE QUESTIONNAIRE

Request For Proposals No. N62473-24-RP-00108 1

REQUEST FOR PROPOSALS FOR LEASE AT MCAS YUMA

1.0 EXECUTIVE SUMMARY

1.1 AUTHORITY

The Department of the Navy (“DON”) is making available for lease non-excess real property at Marine Corps Air Station Yuma (“MCAS Yuma” or “Installation”), Arizona, under the authority of Title 10, United States Code (U.S.C.) § 2667.

1.2 MCAS YUMA ENERGY RESILIENCE

The offering for potential outlease of non-excess property aboard MCAS Yuma is for an Energy Resilience Project in accordance with Secretary of the Navy Instruction (“SECNAVINST”) 4101.3A.

1.3 SITE LOCATION

The proposed sites (“Sites”) consist of unimproved land on MCAS Yuma, measuring approximately 1,800 acres (see Section 6). Acreages are approximate and may increase or decrease subject to final metes and bounds surveys and site approvals.

The Site comprise all of the DON property available for this use, to include any necessary shading, buffers, stand-offs, fencing, or lay-down areas. Any displaced parking or overhead/underground utilities will require mitigation. Additional temporary lay down areas may be requested at future dates as required but are not guaranteed.

It is anticipated that infrastructure upgrades may be required for successful performance of an energy generation and/or storage system (“System”). Site improvement(s) must comply with applicable future Lease provisions, Installation Appearance Plans, Installation Development Plans, and be context sensitive (i.e., blend with the surrounding area).

It is anticipated that site may be selected, negotiated, and/or leased on a stand-alone basis such that there may be multiple leases with individual Lessees or multiple ongoing negotiations for a single site progressing forward on different timelines. The DON expressly reserves the right to select single, multiple, or no proposers for negotiation, and that such selections have no bearing on the selection or non-selection of other proposers. 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.

* See Paragraph 3.1 for additional information

1.4 VISION

This Request for Proposals (“RFP”) envisions a DON outlease of one or more of the Sites to one or more qualified non-Federal user(s) (“Lessee”) to plan, finance, construct, own, operate, and maintain a System, and/or other improvements. The term "energy security" means having assured access to reliable supplies of energy and the ability to protect and deliver sufficient energy to meet mission essential requirements as provided in 10 U.S.C. § 101(e)(7). The term “energy resilience”, as defined in 10 U.S.C. § 101(e)(6), is “the ability to avoid, prepare for, Request For Proposals No. N62473-24-RP-00108 2 minimize, adapt to, and recover from anticipated and unanticipated energy disruptions in order to ensure energy availability and reliability sufficient to provide for mission assurance and readiness, including task critical assets and other mission essential operations related to readiness, and to execute or rapidly reestablish mission essential requirements.”

The DON seeks innovative designs to maximize the energy production, storage capacity, and transmission/ distribution capabilities at the Sites, compatible with the Installation operational mission. 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 or water 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 In-Kind Consideration (“IKC”) for the outlease of Sites and/or Facilities in an amount not less than the Fair Market Rental Value. With a focus on energy/water security and resilience to enhance energy security, in lieu of Lessee paying Rent in cash, Lessee shall provide Government IKC through the development, delivery, and performance of electrical infrastructure upgrades or other proposed measures to increase the DON energy resilience posture and any additional IKC required by DON. DON may seek compensation in the form of other energy and non-energy maintenance and infrastructure projects aboard the installation.

Specifically, the DON is seeking innovative IKC technologies from past projects or existing technologies that employ a fast-switching and control design which, during a grid disruption, provides the Installation with continuous access to reliable and quality power with islanding and black start capabilities. Provide innovative approaches that leverage resilient dispatchable generation and/or storage on the leased premises to increase Installation energy availability during planned or unplanned disruptions. Expand on existing microgrid and other resilient technologies located at MCAS Yuma and/or Cannon Air Defense Complex. The System asset owner and utility enjoy mutual benefit of this design connection, which can reduce or eliminate curtailment with an available and islanded load during times of grid outage. Offerors are encouraged to provide innovative approaches that leverage resilient dispatchable generation and/or storage on the leased premises to increase Installation energy availability during planned or unplanned disruptions. Offerors are also encouraged to seek opportunities to improve water infrastructure components across the installation. Other potential IKC (e.g., substation equipment repair by replacement) may be submitted in addition to those focused on energy or water resilience described above. Generation that is not desired by DON includes: wind turbines, Waste to Energy, Fossil Fuel Peaker Generation and Geothermal.

1.5 BUSINESS OPPORTUNITY

The DON shall competitively select one or multiple Lessees to lease the Site. The Lessees will, in a timely manner, develop, finance, operate, and maintain a System within the Sites for the term of the Lease (not to exceed 37 years). As consideration, the Lessees will provide (per the terms of Section 1.4) IKC that directly provides energy resilience and projects to enhance the Installation’s energy resilience posture, as well as provide the DON with administrative expense reimbursement to enter the transaction in accordance with 10 U.S.C § 2695 (Acceptance of funds to cover administrative expenses relating to certain real property transactions).

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1.6 PROJECT OBJECTIVES

The following objectives have been set for this project:

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

• Successfully integrating development activities with cultural resources and environmental policy management requirements compatible with the mission of the Installation;

• Complying with all National Environmental Policy Act (“NEPA”) and Environmental Condition of Property Report (“ECP”) requirements;

• Employing the best commercial practices to the benefit of both the DON and the Lessee and enhancing energy resilience for the Installation in accordance with Title 10, U.S.C. § 101(e)(6).

• Obtain load peak-shaving capabilities.

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 is 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 Sites are noted in this section.

2.1 SITE IMPROVEMENTS

It is anticipated that infrastructure upgrades may be required for successful performance of a System and should be included in any Proposal. An interconnection study of the installation's electrical system is required at sole cost to the developer to ensure no adverse impact for all islanding scenarios. The study shall include, but not be limited to, load flow, short circuit, and relay coordination studies, and describe the impact of lower short circuit current from the new energy project while operating in island mode. Site improvements to mitigate the findings will be required.

Site improvements must comply with applicable Installation Appearance Plans, Installation Development Plans, and be context sensitive (i.e., blend with the surrounding area). System plans will be provided during exclusive lease negotiations. Development must comply with applicable county, State, and Federal environmental laws and Navy policies, and Lessee shall maintain adherence to existing permit requirements at specific locations.

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.

Request For Proposals No. N62473-24-RP-00108 4

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 while conducting regulatory consultations and the 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

Arizona Public Service (“APS”) provides electricity and Southwest Gas provides natural gas to MCAS Yuma.

Interconnection to the utility grid is subject to an interconnection agreement with APS. 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 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, which may be procured from the Installation at the Installation’s sole discretion.

2.5 EASEMENTS AND ENCUMBRANCES

Known third-party real estate encumbrances or constraints existing at the proposed Sites 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)

None of the acreages are 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 has been completed.

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.

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

Request For Proposals No. N62473-24-RP-00108 5

2.9 BUILDING CODES & OTHER REQUIREMENTS

Construction on the Sites shall comply with all Installation construction requirements and vehicle access routes, as well as with local, city and county building codes and all applicable governmental laws, codes, criteria, rules, and regulations. Construction on the Sites 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.

At a minimum, a fence shall be constructed and maintained around the lease area(s) at Lessee’s sole expense. Construction of any Site Fencing shall comply with UFC 4-022-03; however, exclude the following paragraphs:

2-11 Reinforcement for Fencing 2-12.2 Double Fence Lines 2-12.3 Fence Line Electronic Security Systems 2-12.4 Security Lighting

There shall be no barbed wire on the Site Fencing.

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. Site access from Arizona State Route 195 from the eastside of the site will not be possible.

2.10 MISSION ASSURANCE AND NATIONAL SECURITY CONSIDERATIONS

In addition to any information known and provided to the DON under Part I in Section 4 and throughout negotiations, successful Lessee will be affirmatively obligated in the Lease to notify the DON of any new or changed information reflected in Part I 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 Sites. This may include: changes in ownership of Lessees; vetting of sublessees or assignees; 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, one or more Offerors will be selected for the exclusive negotiation of Leases that provides the lowest risk to the DON based on a Risk Assessment, the best overall value to the

Request For Proposals No. N62473-24-RP-00108 6

DON based on the Proposal Ratings Assessment, and is determined to be most beneficial to the DON based on IKC desirability and expedited IKC project delivery to the DON.

Proposals offering sites not identified in this RFP will be deemed non-compliant and not eligible for award under this RFP. However, such submissions will be considered to be unsolicited proposals and proposer understands that: a) DON is under no obligation to consider such an alternative site proposal, to formally make any alternate property available under this or future solicitations, or to expend any resources on the consideration of such a proposal, b) any alternative site proposal necessarily requires a deliberate DON planning process to evaluate for suitability and impacts, and all costs of such process may be required to be fully paid to DON by the proposer upon notice by DON that it intends to consider an alternative site proposal, c) any impacts resulting from the consideration, planning, or future use of property identified in an alternative site proposal must be mitigated at the proposer’s expense, including other uses (parking, current tenants, relocations, etc.), environmental impacts, mission impacts, or other impacts as yet not identified. If, after DON evaluation, property identified in an alternative site proposal is found suitable for leasehold, the property may be further offered under open competition process to ensure highest market participation and compliance with statute.

3.2 RISK ASSESSMENT

To determine lowest risk to the DON, Proposals will be evaluated on all Parts listed in Section

4.1 using the following Risk Assessment:

LOW RISK (L): Any weaknesses identified have little potential to cause disruption to the construction and operation phases or present a risk to mission assurance or national security. Normal contractor/DON effort and monitoring will probably minimize any difficulties or mitigate risk to mission assurance or national security. Little doubt exists, based on the Offeror’s performance record, that the Offeror can perform the proposed effort.

MODERATE RISK (M): There are weaknesses identified by the evaluators that have the potential to cause disruption to the construction and operation phases or present a risk to mission assurance or national security. Special contractor/DON effort and close monitoring will probably minimize any difficulties or mitigate risk to mission assurance and national security. Some doubt exists, based on the Offeror’s performance record, that the Offeror can perform the proposed effort.

HIGH RISK (H): There are weaknesses identified by the evaluators that have the potential to cause significant disruption to the construction and operation phases or present a significant risk to mission assurance or national security; even with special contractor/DON effort and close monitoring. Significant doubt exists, based on the Offeror’s performance record, that the Offeror can perform the proposed effort.

For the Risk Assessment of Mission Assurance and National Security, if any partners, financiers, equity providers, etc., are found to be at high risk, or if further information is provided on the prime Offerors, which puts them at high risk, those Offerors will not qualify for execution of the project.

Request For Proposals No. N62473-24-RP-00108 7

3.3 PROPOSAL RATING ASSESSMENT

To determine best value to the DON, formal Proposals (not alternative site 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 Part 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 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.

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.

3.4 IN-KIND CONSIDERATION PERFORMANCE STANDARD

To determine benefit to the DON, the proposed IKC project and delivery schedule will be evaluated by the DON. At MCAS Yuma, the DON desires energy resilience in three tiers:

• Most Desirable: Substation/Switching station level energy infrastructure improvements, inclusive of expansion of microgrid automation controls with black start & islanding

Request For Proposals No. N62473-24-RP-00108 8 capabilities, and access to secure, reliable power for full base energy resilience during grid outage or other power disruptions. DON places a high priority on expedited delivery of the IKC project.

• More Desirable: Distribution level energy infrastructure improvements and access to secure, reliable power during grid outage or other power disruptions.

• Least Desirable: Facility level energy infrastructure improvements and access to secure, reliable power during grid outage or other power disruptions, and facility level non-energy infrastructure improvements.

3.5 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 will consist of four Parts:

Part I: National Security and Mission Assurance Information Offeror will provide:

• The names of all business entities (along with all associated parent relationships) with a 10% or greater ownership (or other material relationship) in any business entities having ownership interest in the Offeror.

• The names of all business entities (along with all associated parent relationships) acting as lenders and/or creditors that hold security over the specified system, Offeror, and/or owner/sub-lessee if the Offeror will not directly own the specified System.

• The names of owner/sub-lessee if the Offeror will not directly own the specified System.

• The names of foreign business entities with which the Offeror has or has had in the past five (5) years, a contract.

• Names of all material vendors with which Offeror intends to enter into a contract to perform on-site development, construction, operations, or maintenance activities, as well as names of all entities with a direct ownership interest in these material vendors.

Direct ownership interest means possession of stock, equity in capital, or any interest in the profits of the material vendor.

• Original country of origin for any raw materials, work-in-progress, and finished products to be located and/or installed on the Installation.

Request For Proposals No. N62473-24-RP-00108 9

Part II: Business Proposal

• Subpart A: Experience Offeror will provide examples of:

• Relevant experience.

• Examples of experience with Department of Defense projects, if applicable.

• Past and present performance. Offeror and material vendors must provide three (3) references using the form included in Section 6. Project references must be no earlier than 2013.

• Subpart B: Project Plans Offeror will provide a project plan that identifies:

• Market offtake plan, Memorandum of Understanding, Agreement in Principles, or similar 3rd party agreement

• 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.

• Proposed timeline and plan of objectives and milestones.

• Any necessary documentation showing distribution utility approvals

(including interconnection and regulatory approvals).

• Subpart C: Financial/ Creditworthiness

Offeror will provide a financing plan that identifies:

• Description of project ownership, financing, and contract structure. If the

Offeror will not directly own the specified System, offeror must provide plan to secure a reliable owner/sub-lessee;

• Loan documentation including term sheet(s) setting out detailed terms and proof of funds;

• Financial commitments of all investors. Any agreements should be provided to the government which set out detailed terms of ownership and control, including language of any proposed guarantees and/or warrantees provided by investors;

• A pro-forma financial model for the proposed project. The model should forecast through the life of the project providing calculations for cashflow to equity, income statements, and balance sheets. The model should compute all relevant financial ratio and return calculations: annual debt service coverage ratio(s), loan-life cover ratio, project-life cover ratio, and internal rate of return. The proforma model must be accompanied by documentation to instruct the government on the mechanics of the model. Clearly list all assumptions made in the model, with references. Explain the use of scenario and sensitivity analysis within the model, if relevant. Models that have been independently audited will be evaluated beneficially;

• Plan for securing supply agreements, if necessary. Offerors with secured supply agreements shared with the government will be evaluated beneficially;

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• Plan for securing engineering, procurement, and construction contract(s), if necessary. Offerors with secured engineering, procurement, and construction shared with the government will be evaluated beneficially;

• Plan for securing operations and maintenance contracts(s), if necessary.

Offerors with secured operations and maintenance contracts shared with the government will be evaluated beneficially;

• Plan for securing required insurance, if necessary. Offerors with secured insurance contracts shared with the government will be evaluated beneficially;

• Plan for securing permits and other necessary rights, if necessary. Offerors with secured transmission and offtake contracts shared with the government will be evaluated beneficially;

Plan for securing transmission and sale to offtaker of power/storage generated, if necessary. Offerors with secured transmission and offtake contracts shared with the government will be evaluated beneficially;

• Offeror must have a minimum bonding capacity equal to or greater than the proposed cost of the IKC to be considered credit worthy for this RFP.

Part III: Concept Technical Project Design Offeror will provide:

• Conceptual design of the System.

• Preliminary Site layout and design.

• Identify the specific elements of the proposed System that improve the DON energy resilience posture, pursuant to 10 U.S.C. § 101(e)(6).

• Technical details of how Offeror will satisfy Federal, State, and local regulations, policies, and or permits required to operate (i.e., air quality permits, utility interconnection policy, applicable government regulations).

Part IV: Concept In-Kind Consideration Design (See IKC Performance Standard, Section 3.4)

• Subpart A: IKC Technical Proposal Offeror will provide:

• Conceptual design of the IKC.

• IKC project delivery schedule.

• Preliminary layout and design of the IKC.

• Identify the specific elements of the proposed IKC that improve the DON energy security posture, pursuant to 10 U.S.C. § 101(e)(6).

• If necessary, technical details of how Offeror will satisfy Federal, State, and local regulations, policies, and or permits required to operate.

• Subpart B: Connection Considerations

• If proposed IKC requires connection to and/or alteration of the electrical distribution infrastructure not owned by the Installation – “outside the meter”

– then demonstrate technical ability and plan to execute the proposed changes to the physical distribution infrastructure that provides the Installation with electric power, to enable full execution of all IKC.

• If proposed IKC requires connection to and/or alteration of the electrical distribution infrastructure owned by the Installation – “inside the meter” –

Request For Proposals No. N62473-24-RP-00108 11 then demonstrate technical ability and plan to execute the proposed changes to the physical distribution structure on the Installation to enable full execution of all IKC.

4.2 SUBMISSION OF PROPOSALS

Offerors will send all Proposal materials by the deadline ending on June/11/ 2024.

Proposals must be submitted as a single Adobe Portable Document Format (“PDF”) document, no larger than 15MB, due to an attachment limit in the Navy email system. If the offeror’s final document is larger than 15MB, they shall contact Adam Hill five-business-days prior to the final submission date to ask for a “DoD Secure Access File Exchange (SAFE)” link. Proposals must be formatted to correspond with the Parts outlined in Section 4.1. Offerors shall send files via email to ALL the following recipients:

To: NAVFACHQNavySWEULs@us.navy.mil Cc: Dany Saliba at dany.s.saliba.civ@us.navy.mil Adam Hill at adam.j.hill.civ@us.navy.mil

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.

All Offerors must sign the Non-Disclosure Agreement (“NDA”) attached in Section 6. The NDA must be signed by an executive of Offeror’s company. An Offeror unable or unwilling to sign the NDA will be removed from consideration.

4.3 SELECTION OF OFFEROR FOR EXCLUSIVE NEGOTIATIONS

Once deemed compliant with the RFP, Proposals will first be evaluated for Risk in Part I. Any Proposal found to be High Risk for Part I will be removed from consideration. Any Proposal that presents a potential Low or Moderate national security risk under Part I may still be selected;

however, the Government may require the Offeror to employ a TPM responsible for inspecting all work conducted on the leased premises and any other work elsewhere on Navy property related to the In-Kind Project (if applicable) for Mission Assurance and National Security concerns. Additionally, the TPM will be responsible for quarterly reporting to the Government throughout the duration of the Lease(s): (a) Notifying the Government of any foreign business entity involvement in the lease not previously identified to the Government during the Proposal process, and (b) Certifying to the Government that all work conducted on the leased premises and any other work elsewhere on Navy property related to the In-Kind Project (if applicable) is being constructed to the approved design specifications and does not contain any unauthorized equipment or material. The Government will notify any Offeror subject to this condition prior to selection for exclusive negotiations, to allow them to nominate a TPM for consideration pursuant to the criteria identified in Section 3.

mailto:NAVFACHQNavySWEULs@us.navy.mil mailto:dany.s.saliba.civ@us.navy.mil mailto:adam.j.hill.civ@us.navy.mil

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The DON will next evaluate Proposal Parts II, III and IV for risk, value, and benefit to the DON using the rating system outlined in Section 3. 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) of their consideration for negotiations.

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. This value may be recalculated based on site(s) utilized, technology proposed, and other complicating factors. This is in accordance with 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 or multiple Leases with one or multiple Offerors 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 mitigation, tracking, and post-consummation monitoring and enforcement, pursuant to 50 U.S.C.

§ 4565, as applicable.

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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 RIGHTS RESERVED

The Government reserves any and all rights in connection with this RFP, including, but not limited to, the right to hold negotiations with Offeror(s) selected for exclusive negotiations which may result in terms and conditions that differ from those specified in this RFP and/or from terms and conditions originally proposed by the Offeror(s). Furthermore, the Government reserves the right to terminate negotiations with the selected Offeror(s), and initiate negotiations with another suitable proposer if the Government, at its sole discretion, determines that the Government will be unable to successfully conclude negotiations with the selected Offeror(s). The decision to execute a Lease will be made by the Government at its discretion. In no event will the Government be responsible for the payment of any fees or have any liability to any Offeror for fees or expenses incurred in connection with submitting a proposal in response to this RFP or during negotiations. The Government requires the selected Offeror(s) to provide adequate and appropriate personnel resources, including supporting firms and organizations, during the period of exclusive negotiations to efficiently and expeditiously carry out the negotiations and related document preparation and development.

5.7 GOVERNMENT-FURNISHED INFORMATION

The Government does not warrant the accuracy of any site-related information provided. Site-related information furnished by the Government and/or its representatives in support of this RFP shall be considered as informational only. Such information may include technical reports and studies, building conditions reports, or other technical information intended to support the Offerors’ development applications. Offerors are expected to verify (and not simply rely upon) all site-related information provided by the Government to avoid unforeseen costs.

5.8 DISPUTES

All disputes arising under or related to this RFP, which are not disposed of by mutual agreement, shall be resolved and decided by the Government pursuant to the Contract Disputes Act of 1978, as amended, (41 U.S.C. § 601-613). The Government shall mail or otherwise furnish a written copy of the decision to the Offeror.

5.9 ACQUISITION REQUIREMENTS

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This procurement involving real property that is not governed by the Federal Acquisition Regulation (“FAR”).

5.10 PROTECTION AFFORDED TO PROPRIETARY OR CONFIDENTIAL

INFORMATION

Information contained in materials submitted to this RFP may be afforded protection from public disclosure if the proposer identifies the same as “proprietary” or “confidential” with supporting justification and requests such protection at the time of submission. Each page that is considered proprietary or confidential must be clearly marked as such.

5.11 POINT OF CONTACT FOR INFORMATION AND CLARIFICATIONS

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

Dany Saliba at dany.s.saliba.civ@us.navy.mil and Adam Hill at adam.j.hill.civ@us.navy.mil.

All questions asked by Offerors must be received no later than May/13/2024.

5.12 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: Dany Saliba at dany.s.saliba.civ@us.navy.mil and Adam Hill at adam.j.hill.civ@us.navy.mil

6.0 APPENDICES

6.1 APPENDIX A – SITE MAPS

See additional documents posted on SAM.gov.

6.2 APPENDIX B – NON-DISCLOSURE AGREEMENT

See additional documents posted on SAM.gov.

6.3 APPENDIX C – PAST PERFORMANCE QUESTIONNAIRE

See additional documents posted on SAM.gov.

6.4 APPENDIX D – TERM SHEET OUTLINE

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

mailto:dany.s.saliba.civ@us.navy.mil mailto:adam.j.hill.civ@us.navy.mil mailto:dany.s.saliba.civ@us.navy.mil mailto:adam.j.hill.civ@us.navy.mil