RFP AI and Energy Infrastructure Oak Ridge.pdf

U.S. DEPARTMENT OF ENERGY

OFFICE OF SCIENCE

OAK RIDGE, TN

REQUEST FOR PROPOSAL NO. DE-ORR-0037830

To be considered for award, offers conforming to the requirements shall be received no later than 4:00 pm

EST, Monday, December 1, 2025.

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Change Log

Version Date Description

1.0 09/30/2025 Initial Release iii

Table of Contents

1.0 EXECUTIVE SUMMARY

2.0 EXISTING CONDITIONS

2.1 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

2.2 COMPREHESIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND

LIABILITY ACT (CERCLA)

3.0 GENERAL LEASE AGREEMENT REQUIREMENTS

3.1 TERMS AND REQUIREMENTS

3.2 FINANCIAL REQUIREMENTS

3.3 DEVELOPMENT AND USE REQUIREMENTS

3.4 ELIGIBLE OFFEROR(S) AND PROJECT CONFIGURATION

3.4.1 Entity of Concern Prohibition

3.4.2 Transparency of Foreign Connections

3.4.3 Due Diligence Review for Research, Technology and Economic Security

3.5 INTEGRATION WITH DOE

3.5.1 Integration with LPO

3.5.2 Integration with GDO

4.0 INSTRUCTIONS TO OFFEROR(S) / SELECTEE(S)

4.1 GENERAL

4.2 RESTRICTION ON DISCLOSURE AND USE OF DATA

4.3 SUBMISSION OF RESPONSES

4.4 FACTORS FOR CONSIDERATION

4.4.1 Project Description

4.4.2 Project Plan

4.4.3 Return to the Government

4.4.4 Organizational Structure, Experience, and Past Performance

4.4.5 Financial Capability

5.0 BASIS OF OFFEROR(S) SELECTION

5.1 SELECTION PROCESS

5.1.1 Project Description

5.1.2 Project Plan

5.1.3 Return to the Government

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5.1.4 Organizational Structure, Experience, and Past Performance

5.1.5 Financial Capability

5.2 EVALUATION

6.0 NEGOTIATIONS

6.1 STRATEGY

6.2 LEGAL DOCUMENTATION

7.0 NOTIFICATION AND REPORTING REQUIREMENTS

Appendix A Depiction of the Property and Encumbrances

Site Area A: AI Data Center

Site Area B: AI Data Center and/or Energy Generation Infrastructure Facilities

Appendix B Insurance Requirements

Appendix C Possible Mandatory Clauses

Appendix D Offeror(s) Cover Page

Appendix E Past Performance Reference Information Form

Appendix F Potential Adverse Impacts

Appendix G Workforce Considerations

Appendix H Denial of Double Benefit

Appendix I Draft of Ground Lease – Site Area A

1.0 EXECUTIVE SUMMARY

a. The United States Department of Energy (the “Government” or “DOE”) is committed to maintaining and enhancing American leadership in Artificial Intelligence (AI) and energy generation to promote economic competitiveness, national security, and scientific advancement.

Executive Order (EO) 14318, Accelerating Federal Permitting of Data Center Infrastructure; EO

14179, Removing Barriers to American Leadership in Artificial Intelligence; EO 14299, Deploying Advanced Nuclear Reactor Technologies for National Security and EO 14154, Unleashing American Energy direct agencies to leverage federal assets to support this objective.

AI infrastructure, including data centers, is critical for AI training, inference, scientific research, and various essential services, while energy generation is critical for protecting the United States’ economic and national security and military preparedness by ensuring that an abundant supply of reliable energy is readily accessible.

b. The Atomic Energy Act of 1954, 42 U.S.C. 2011, et. seq., as amended, authorizes DOE to grant leases or easements to non-federal entities for the use of real property. The Lease is only intended to be for the use of federal land and does not include any utilities or other services from the Government, unless as otherwise negotiated with the Government.

c. Pursuant to the foregoing EOs and statutory authorities, the Oak Ridge National

Laboratory Site Office (“OSO”) in collaboration with the Oak Ridge Office of Environmental

Management (“OREM”), is issuing this Request for Proposals (the “RFP”) to solicit proposals from entities interested in entering into a long-term Lease Agreement(s) covering real property located in Oak Ridge, TN (the “DOE Sites”). The Lease Agreement(s) with the Government that would result from this RFP are for the purposes of designing, financing, permitting, developing, constructing, installing, owning, maintaining, operating, and decommissioning AI data center and/or energy generation infrastructure (the “Project”) including, but not limited to: data center facilities with specialized computing equipment; associated cooling facilities; energy supply infrastructure; transmission and storage infrastructure; and other ancillary facilities and equipment reasonably required for the installation, maintenance, operation, decommissioning, and site restoration/remediation of AI data center and/or energy generation infrastructure given the available real property described herein.

d. Eligible Project configurations include Integrated AI Data Center and Energy Projects

(Site Area A and Site Area B, or Site Area B only), Phased Integrated AI Data Center and Energy

Projects (Site Area A and Site Area B, or Site Area B only), or Energy Infrastructure Projects

(Site Area B only). In all cases, proposals should include new energy generation or a plan to partner with a new energy generation effort in the region. Examples of eligible project configurations include:

1. Site Area B is utilized for both AI Data Center development and a supporting energy project (integrated or phased integrated).

2. Site Area A is utilized for AI Data Center development. Site Area B is utilized for a supporting energy project (integrated or phased integrated).

3. Site Area A is utilized for AI Data Center development, and the Offeror plans to work with a supportive new energy generation effort in the region.

4. Site Area B is utilized for new energy generation infrastructure. See Section 3.4, Eligible Offeror(s) and Project Configurations, for further details.

e. The Government is interested in proposals for rapid development of AI data center capacity to meet commercial market needs and of generation to power data center capacity. The

Government understands that the generation may come online at a different time from the data center that is part of the same proposal or an affiliated proposal. For example, a first phase with a rapidly developed data center using grid power may be followed by a second phase with data center expansion and new generation.

f. The Government is open to considering proposals that integrate innovative energy generation and storage technologies with the AI data center infrastructure, particularly geothermal and nuclear generation technologies. The Offeror(s) shall be responsible for the Project’s interconnection of new energy generation with the electric utility provider.

g. The Government has identified available tract(s) of land (the “Property”) as depicted in

Appendix A. Offeror(s) may propose Projects on all or a portion of this land, and the Government may consider multiple Projects. The Government further anticipates that there may be multiple AI data center or energy generation infrastructure facilities, with each located on a different tract of the Property, and that the size of each tract of land will depend on the proposed AI data center or energy generation infrastructure technology to be deployed. Not all of the proposed Project must be on the property.

h. This RFP is for the development of land in Oak Ridge, TN, identified as Site Area A

(OSO property) and/or Site Area B (OREM property), as depicted below and more specifically identified in Appendix A.

Oak Ridge, TN – Location Map. Site Area A / Site Area B

Offeror(s) may submit proposals to develop a single tract or multiple tracts. The combined available acreage consists of approximately 245 +/- acres. Proposals must clearly identify the Site Area and proposed use of the tracts of land, as described in Section 4.3.

Site Area A - Office of Science: AI Data Center only

The Site Area provides a total of approximately 95 +/- acres located at the intersection of Bethel

Valley Road and TN Highway 95, in the City of Oak Ridge immediately west of Oak Ridge

National Laboratory (ORNL). Incorporated within the 95 +/- acres are two parcels, one consisting of approximately 73 acres (northeast corner of intersection) and approximately 22 acres

(northwest corner of intersection). Offeror(s) may submit proposals to develop the Property, as described in Section 2.0 and Appendix A.

Site Area B – Office of Environmental Management: AI Data Center and/or Energy

Generation Infrastructure Facility

The Site is in an area known as the East Tennessee Technology Park (ETTP) or Heritage Center, formerly the site of the K-25 Gaseous Diffusion Plant (for uranium enrichment) constructed as part of the Manhattan Project during WWII. Offeror(s) may submit proposals to develop up to

150 acres of the Property, including the defined National Historic Preservation (NHP) Footprint

(approximately 83 acres, with restrictions) and the K-25 Building Site (part of the Manhattan

Park National Historical Park), and additional land available (up to 67 acres), as described in

Section 2.0 and Appendix A.

The Government may decide to allow development on any, all, or none of the tracts proposed in the Offeror(s)’ response. Should the Government decide to allow development of multiple tracts, it may choose to select additional proposals from this RFP, conduct a new competition, or address the use of these lands in another manner, consistent with applicable laws. In accordance with and subject to the terms, requirements, and conditions of this RFP, the Government will evaluate all proposals received from Offeror(s) and may qualify and select one or more Offeror(s) with whom to enter into Lease negotiations. The Government may also decide to conduct a “down-select” while evaluating proposals, as discussed in Section 5.1. An Offeror(s) with whom the

Government enters into a written and legally binding Lease Agreement is hereinafter referred to as a “Selectee”.

The Government’s objectives in issuing this RFP and potentially entering into a Lease

Agreement(s) for the Property include, but are not limited to, the following (collectively, the

“Objectives”).

i. Enter into a Lease Agreement for the Property (or portion thereof) for the purposes set forth in Section 1.0.c in accordance with DOE’s legal authorities and consistent with the terms documented in the RFP.

ii. Enter into a Lease Agreement for use of the Property in a manner consistent with the following AI infrastructure priorities and strategic goals (Site Area A):

1. Enhancing national AI computing capacity through secure and scalable infrastructure, including innovative compute, cooling, and power delivery/control technologies for AI training and/or inference workloads.

2. Supporting DOE mission priorities in science, energy, research and development

(“R&D”), and/or national security.

3. Identifying opportunities that could support ORNL’s high-performance computing

(HPC), AI, quantum computing (QC) needs for secure, scalable, energy- and water-efficient infrastructure beginning as early as October 2028/Fiscal Year 2029.

4. Providing infrastructure that may align with ORNL mission programs and R&D priorities, prioritize DOE ORNL’s sovereign AI capabilities, and materially benefit the regional innovation economy.

5. Providing high-value opportunities for collaboration among DOE ORNL, the

Offeror, its partners, and other industries.

6. Establishing an ecosystem where United States-based technology companies can work within a consortium model for accelerating innovation in HPC, AI, QC, and specific industry sectors such as energy, pharma, or aerospace.

iii. Enter into a Lease Agreement for use of the Property in a manner consistent with the following AI infrastructure priorities and strategic goals (Site Area B):

1. Enhancing national AI computing capacity through secure, scalable, and energy-and water-efficient infrastructure, including innovative compute, cooling, and power delivery/control technologies for AI training and/or inference workloads.

2. Supporting DOE mission priorities in science, energy, and/or national security.

iv. Enter into a Lease Agreement for use of the Property in a manner consistent with the following energy infrastructure priorities and strategic goals (Site Area B):

1. Ensuring an abundant, readily accessible supply of reliable energy.

2. Advancing the commercial readiness of domestic technologies, particularly nuclear and geothermal, for energy generation, distribution, and/or storage.

v. Enter into Lease Agreement(s) for use of the Property in a manner that minimizes risk to the Government.

vi. Enter into a Lease Agreement(s) for use of the Property in a manner that is compatible with the Government mission and adjacent Government uses at DOE Oak Ridge, TN

Site.

vii. Enter into a Lease Agreement for use of the Property in a manner that minimizes and/or mitigates environmental and cultural impacts.

viii. Enter into a Lease Agreement for use of the Property consistent with best commercial practices.

ix. Enter into a Lease Agreement for use of the Property in a manner that supports relationships with State and local Governmental authorities, federally recognized Tribes, and the surrounding communities.

2.0 EXISTING CONDITIONS

There are two areas of consideration available for the proposed developments. Site Area A is available for the sole purpose of providing an area(s) for an AI Data Center. Site Area B is available for the purpose of providing an area(s) for an AI Data Center and/or Energy Generation Infrastructure Facility.

Site Area A – AI Data Center

Background: The DOE’s Oak Ridge National Laboratory Site Office (“OSO”) oversees multiple sites, including ORNL, Oak Ridge Institute for Science and Education, and general management of the surrounding government lands. ORNL is the largest DOE science and energy laboratory under OSO oversight, occupying roughly 4,400 acres on the Oak Ridge Reservation (“ORR”). The lab employs more than 7,000 staff, supported by thousands of contractors, and an active community of visiting researchers.

ORNL hosts world-leading user facilities such as the Spallation Neutron Source (“SNS”) and the Frontier supercomputer, currently one of the most powerful computing systems in the world. ORNL’s annual operating budgets exceed $2 billion, with significant capital investment in facilities, utilities, and advanced research infrastructure. Key strengths of the Oak Ridge, TN area include:

• Federal Anchor: Oak Ridge National Laboratory (4,400 acres, ~7,000 employees, >$2B annual budget) ensures long-term infrastructure investment and stable demand.

• Power Supply: The Tennessee Valley Authority (“TVA”) provides abundant, low-cost, reliable electricity with redundant transmission and renewable integration options.

Industrial power rates are competitive nationally.

• Connectivity: High-capacity fiber networks tied to ORNL and regional carriers;

proximity to DOE supercomputing facilities provides robust backbone connectivity.

• Workforce: Concentration of engineers, technicians, and skilled trades accustomed to mission-critical facilities and high compliance standards.

Site Mission: OSO/ORNL mission focuses on advancing discovery science to address national priorities, including energy security, environmental sustainability, and national security.

Key objectives include:

• Energy Innovation: Develop technologies for secure, affordable, and reliable energy to support economic growth and energy independence.

• Scientific Research: Conduct multidisciplinary research that translates advancements into real-world applications, addressing national priorities.

• National Security: Provide solutions to safeguard critical infrastructure and address emerging threats through scientific breakthroughs.

• Collaboration and Innovation: Foster partnerships with industry, academia, and government to drive innovation and create job opportunities.

Research focus areas include:

• High-Performance Computing: Integrate advanced computing technologies, including AI and quantum computing, to enhance research capabilities.

• Nuclear Science: Conduct research in nuclear materials and safety to support energy and security initiatives.

• Environmental Science: Address environmental challenges through innovative research and technology development.

• ORNL's mission in 2025 emphasizes its role as a leader in scientific research and technology development, aiming to make impactful contributions to society and the economy.

Property Description: The proposed land area is located in Bethel Valley, in the southwestern portion of the Oak Ridge Reservation (“ORR”) and identified as Site Area A. Bethel Valley is the site of the main plant of ORNL. Site Area A is located on the northerly side of the intersection of Bethel Valley Road and

TN Highway 95. The Site Area provides a total of approximately 95 +/- acres located at the intersection of Bethel Valley Road and TN Highway 95, in the City of Oak Ridge immediately west of ORNL.

Incorporated within the 95 +/- acres are two parcels, one consisting of approximately 73 acres (northeast corner of intersection) and approximately 22 acres (northwest corner of intersection). The Property is to be leased as-is, with opportunity to investigate as part of the due diligence. Detailed Property information is contained in documentation provided in Appendix A – Site Area A.

Utilities and Infrastructure: TVA provides reliable, large-scale electric power, with options for industrial rate structures and renewable integration. The region benefits from a resilient grid, redundant transmission, and established rights-of-way supporting heavy industrial loads. High-capacity fiber optic networks link ORNL, nearby industrial parks, and the Knoxville metropolitan area. The region’s water, wastewater, and waste-handling infrastructure is scaled to federal operations, with expansion potential for new commercial developments.

Environmental Considerations: Site-specific environmental conditions, potential hazards, and any known environmental constraints or sensitivities are summarized with references listed in Appendix A – Site

Area A.

Security and Access: There are no site-specific security protocols or access restrictions to the Property.

Site Area A is outside of the access-controlled (fenced) area of the Laboratory, bisected by TN Highway

95. Adjacent areas, specifically to the West of the identified parcel, and including easements and patrol roads, are controlled areas with specific access restrictions.

Local Community Context: The Property is within the DOE ORR, which is within the City of Oak

Ridge, Roane County, Tennessee. Federal property within the municipal limits is not subject to local zoning regulation; however, new development will be coordinated with local municipalities. Due to the history and environmental constraints of the area, DOE can provide further information to guide soil disturbance activity and understand site restrictions. Construction activity will require approval by DOE, the regional office of the U.S. Environmental Protection Agency (“EPA”), and the Tennessee Department of Environment and Conservation (“TDEC”).

Site Area B – AI Data Center and/or Energy Generation Infrastructure Facility Energy Generation

Background: The former K-25 building was once the largest industrial building in the world and contributed significantly to the Manhattan Project that ultimately ended WWII. Because of its historical significance, there have been multiple attempts to preserve any original aspects of the facility, but these attempts proved futile due to the age and deteriorated state of the facility. The entire building was demolished in 2013, and per an agreement, as amended in 2019 and 2021 under Section 106 of the

National Historic Preservation Act (“NHPA”), hereafter referred to as the 2012 Memorandum of

Agreement (2012 MOA), the parties agreed that DOE would preserve the original slab and construct an

Equipment Building and a Viewing Tower. The Equipment Building was intended to be a replica cross-section of the K-25 building and to be used to display authentic (original) equipment while the Viewing

Tower was intended to provide a view of entire footprint of the K-25 building. The plan for an Equipment

Building and a Viewing Tower plan was cost prohibitive and was not constructed. A Viewing Platform was constructed (now called the William Wilcox Interpretive Center) which overlooks the former K-25

Footprint. In 2015, the K-25 Building Footprint became part of the Manhattan Project National Historical

Park, as codified in Subsection 3039 of the Carl Levin and Howard P. “Buck” McKeon National Defense

Authorization Act for Fiscal Year 2015 (the Manhattan Project National Historical Park Act). The

Manhattan Project National Historical Park Act, 2012 MOA, and associated amendments currently restrict development on the K-25 Building Site and restrict uses to commemoration and interpretation activities. The MOA parties can amend the MOA to permit development consistent with the purposes of the Manhattan Project National Historical Park Act. Further, a primary objective of the establishment of the Manhattan Project National Historical Park, the 2012 MOA, and associated amendments has been to demonstrate the enormous scale of the K-25 building (which was one mile from end to end and covered over 44 acres) and generally enhance the public’s understanding of the Manhattan Project in Oak Ridge, TN. Because a primary objective has been to demonstrate the scale of the K-25 building, it is presumed that a proposed energy generating facility or AI data center would need to convey the scale of the K-25 building, particularly as seen from the perspective of the Interpretive Center / Viewing Platform (i.e., be constructed to draw attention) (i.e., highlight the footprint of the former building) in a design that is acceptable to the Signatory Parties of the 2012 MOA, as amended. As a conceptual example, a rendering of the Equipment Building replica is included in Appendix A.

Site Mission: OREM’s mission since 1996 has been to remediate the site and reindustrialize the site for the economic benefit of the community. Potential use of the Property for national advancement and innovation can draw strong correlation with the historical purpose of the Manhattan Project (and particularly the K-25 Building Footprint) and must be subject to agreement with the Signatory and Invited

Signatory parties to the 2012 MOA.

Property Description: The Property is to be leased as-is, with opportunity to investigate as part of due diligence. Detailed Property information is contained in documentation provided in Appendix A. The

NHP K-25 Footprint is a National Historical Park and is subject to historical interpretation through agreement among the Signatory and Invited Signatory parties to the 2012 MOA, as amended.

Development is contingent upon agreement between these parties. Development on the Footprint may involve an accurate representation (or replica) of the former buildings and orientation of the former K-25 plant. The additional land available (up to 67 acres) provides a buffer around much of the NHP Footprint up to Poplar Creek, excluding a DOE waste area, and has been used for vehicular circulation, staging, and outdoor storage. The Property is located in the center of the industrial park, with shared access to SR

327/Blair Road and a combination of shared and public access to SR 58/Oak Ridge Turnpike and is located 5 miles west of Interstate Highway I-40.

Utilities and Infrastructure: Electricity to the Property is distributed by the City of Oak Ridge Utility

Business Office (UBO) by contract with TVA. The Property contains overhead lines at the north end of the property, with major TVA transmission lines crossing Heritage Center nearby. Existing and future capacity shall be determined through partnership with these entities. Public water and sanitary sewer service is available from the south end and east of the property, provided by the City of Oak Ridge.

Natural gas is available and provided by the Oak Ridge Utility District. Fiber optic connectivity is also available. See Site Map in Appendix A.

Environmental Considerations: Site-specific environmental conditions, potential hazards, and any known environmental constraints or sensitivities (wetlands, protected species, flood zones, archaeological sites, etc.) are summarized with references listed in Appendix A.

Security and Access: There are no site-specific security protocols or access restrictions to the Property;

however, internal roads will need to accommodate shared access with adjacent property owners and DOE.

At the south end of the property, the NHP footprint is adjacent to the K-25 History Museum and K-25

Interpretive Center, which receive visitors daily, and where appropriate safety and access controls will need to be coordinated.

Local Community Context: Heritage Center is located within the City of Oak Ridge, TN, with an estimated population of 34,000, and part of the Greater Knoxville metropolitan area of about 900,000.

The Property is surrounded by non-federal-owned property and will be expected to maintain alignment with local zoning regulation for Industrial use and construction. DOE administers a Site Reuse Suppose

Program to guide soil disturbance activity and educate users about site-specific restrictions. Certain construction activity requires approval by DOE, the regional office of EPA, TDEC, and the Department of the Interior, depending on location and extent anticipated construction activity.

2.1 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

DOE’s decision whether to execute a lease is subject to several environmental laws, including the

National Environmental Policy Act (NEPA) (42 U.S.C. § 4321, et seq.) and direction provided in EO

14318 and the DOE NEPA Implementing Procedures (https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025). NEPA requires federal agencies to consider the potential environmental impacts of their proposed major federal actions prior to making a decision. While NEPA compliance is a federal agency responsibility and the ultimate decision remains with the federal agency, all Qualified Offeror(s) will be required to assist in the timely and effective completion of the NEPA process in the manner most pertinent to their proposed Project.

Applicable to Site Area A Only:

DOE may choose to enter a third-party agreement wherein the Qualified Offeror(s) pays an environmental contractor of DOE’s choosing to prepare the required NEPA documentation, and

DOE directs the work of that environmental contractor. DOE must fully comply with NEPA prior to Lease Agreement execution, or if the NEPA process is not completed before lease agreement execution, then the agreement shall be contingent on completion of the NEPA process.

Additionally, Qualified Offeror(s) have the option to prepare any required environmental impact statement or environmental assessment (EA) based on Section 2.3 of DOE’s new NEPA implementing procedures.

As highlighted in Section 3.0 of DOE’s NEPA implementing procedures, DOE will use all available means to improve the efficiency of its implementation of NEPA. DOE will make a determination of the required level of NEPA review as soon as practicable after identifying that it has a proposal requiring NEPA review.

If DOE has established a categorical exclusion (Appendix B of Title 10, Code of Federal

Regulations (CFR), Part 1021 and DOE’s NEPA implementing procedures) or adopted under section 109 of NEPA another agency’s categorical exclusion listed in the other agency’s NEPA procedures (42 U.S.C. § 4336(c)) (Appendix C of DOE’s NEPA implementing procedures), DOE will apply the categorical exclusion(s), as appropriate. If DOE cannot apply a categorical exclusion to the proposed action, DOE will evaluate significance of the proposed action’s reasonably foreseeable effects consistent with Section 3.2 of DOE’s NEPA implementing procedures. (See Section 2.2, Determining the required level of NEPA review, for further information.)

https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025 https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025

Applicable to Site Area B Only:

The lease footprint shown in Figure 1, Site Area B, was addressed as part of the NEPA

Environmental Assessment (EA) for Transfer of Land and Facilities within the East Tennessee

Technology Park and Surrounding Area, Oak Ridge, TN (DOE/EA-1640), October 2011, which received a Finding of No Significant Impact (FONSI) for a range of industrial uses. DOE will review proposed projects to determine whether they fall within the allowable uses of the above referenced NEPA EA FONSI, or whether they fall within a NEPA categorical exclusion, or whether further NEPA evaluation is needed. For example, DOE may prepare a supplement analysis to determine whether a supplement to the 2011 environmental assessment is required consistent with Section 3.9 of DOE’s NEPA implementing procedures. If DOE has established a categorical exclusion (Appendix B of Title 10, CFR, Part 1021 and DOE’s NEPA implementing procedures) or adopted under section 109 of NEPA another agency’s categorical exclusion listed in the other agency’s NEPA procedures (42 U.S.C. § 4336(c)) (appendix C of DOE’s NEPA implementing procedures), DOE will apply the categorical exclusion(s), as appropriate. If the proposed project falls outside the allowable uses in the above reference 2011 EA, and if DOE cannot apply a categorical exclusion to the proposed action, DOE will evaluate significance of the proposed action’s reasonably foreseeable effects consistent with Section 3.2 of DOE’s NEPA implementing procedures. (See Section 2.2, Determining the required level of NEPA review, for further information.)

If DOE determines that further NEPA evaluation is needed, DOE may choose to enter a third-party agreement wherein the Qualified Offeror(s) pays an environmental contractor of DOE’s choosing to prepare the required NEPA document, and DOE directs the work of that environmental contractor. DOE must fully comply with NEPA prior to realty agreement execution, or if the NEPA process is not completed before realty agreement execution, then the agreement shall be contingent on completion of the NEPA process. Additionally, Qualified

Offeror(s) have the option to prepare any required environmental impact statement or environmental assessment, including related supplements and supplement analyses, based on

Section 2.3 of DOE’s new NEPA implementing procedures (DOE NEPA Implementing

Procedures June 30, 2025) available at https://www.energy.gov/sites/default/files/2025-06/2025-

06-30-DOE-NEPA-Procedures.pdf.

As highlighted in Section 3.0 of DOE’s new NEPA implementing procedures, DOE will use all available means to improve the efficiency of its implementation of NEPA. DOE will make a determination of the required level of NEPA review as soon as practicable after identifying that it has a proposal requiring NEPA review.

DOE may use an early scoping process to help determine the required level of NEPA review. DOE may engage any applicant and other parties, as will be beneficial, in the early scoping process. An early scoping process may include, as appropriate to the proposal, steps such as: preliminarily identifying the federal agencies and other parties that will be involved and that have decisions to make related to the proposal; the range of reasonable alternatives and rationale for excluding certain alternatives from detailed analysis; the scope of environmental effects to be analyzed and rationale for excluding certain environmental effects from analysis; and the schedule.

DOE shall develop and modify, as appropriate, a schedule for preparation of any required environmental assessment or environmental impact statement that meets the requirements, including page limits and deadlines, in NEPA and DOE’s NEPA implementing procedures.

https://www.energy.gov/sites/default/files/2025-06/2025-06-30-DOE-NEPA-Procedures.pdf https://www.energy.gov/sites/default/files/2025-06/2025-06-30-DOE-NEPA-Procedures.pdf

2.2 COMPREHESIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND

LIABILITY ACT (CERCLA)

Applicable to Site Area A Only:

The proposed land is subject to land use controls applicable to this area pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA). These land use controls include a prohibition on groundwater use and residential use. Reference https://www.energy.gov/ehss/comprehensive-environmental-response-compensation-and-liability-act.

Applicable to Site Area B Only:

The proposed land is subject to land use controls applicable to this area of ETTP pursuant to CERCLA.

These land use controls include a prohibition on groundwater use, a requirement for DOE approval for excavations, and a requirement for passive vapor intrusion mitigation. DOE OREM has established the

Site Reuse Support Team to provide assistance in incorporating CERCLA land use controls into the planning, design, and execution of construction work at ETTP.

https://www.energy.gov/ehss/comprehensive-environmental-response-compensation-and-liability-act

3.0 GENERAL LEASE AGREEMENT REQUIREMENTS

This Section 3, inclusive of sub-sections, lists general requirements that shall be complied with by the

Selectee(s) and/or the Government to enter into a Lease Agreement for the Property (collectively, the

“General Lease Agreement Requirements”). This is not an exhaustive list of requirements; other requirements may apply to the use of the Property. The Government has the right to impose any and all requirements necessary or desired to ensure the Lease Agreement is in compliance with applicable local, State, and Federal laws, regulations, and DOE policies.

3.1 TERMS AND REQUIREMENTS

a. Transfers, assignments, and subleases are not permitted without prior written approval by

DOE, which may be withheld for any justifiable reason.

b. The Government and its agents and employees reserve the right to enter the Property at reasonable times, and at any time in an emergency, without charge, liability, or abatement of rent, for any purposes not inconsistent with the Selectee(s)’ permitted use.

c. The Government shall have the right to terminate the Lease Agreement under certain conditions to be defined in the Lease Agreement.

d. The Selectee(s)’ use(s) of the Property shall be compliant with the Lease Agreement terms, all applicable laws and regulations, and compatible with the mission of the DOE Site at which the Property is located.

e. The Selectee(s) shall ensure that insurance policies required are obtained and maintained throughout the term of the Lease Agreement in accordance with the requirements set forth in

Appendix B (the “Insurance Requirements” attached hereto and incorporated herein by this reference.

f. Any and all utilities and services necessary or required for the Project as a result of, or related to, the Lease Agreement shall be coordinated between the Offeror(s) / Selectee(s) and service provider, at Offeror(s) / Selectee(s) sole cost and expense, unless as otherwise negotiated with DOE. DOE will enter into separate Easement Agreements with the respective service providers (e.g., electric, gas, water, and communication) after Offeror(s) / Selectee(s) provides all drawings, plans, specifications to DOE for review, approval, and concurrence. Services obtained or provided by the Offeror(s) must be compatible with existing site infrastructure. The cost of any improvements to the existing site infrastructure required to provide the services is the responsibility of the Offeror(s) and must comply with all site requirements and procedures.

g. The Property would be leased as-is. Any preparation of the Property to make it suitable for the Selectee(s)’ operation such as clearing, grading, and erosion control shall be obtained and provided for by the Selectee(s), at its sole cost and expense, in accordance with NEPA and all local site requirements.

h. The Selectee(s) are not permitted to interconnect to any DOE-owned electrical/utility infrastructure/assets without prior written approval by DOE, which may be withheld for any justifiable reason.

i. The Selectee(s) will have full responsibility at their sole cost and expense to find and execute an agreement with the electric utility provider for an appropriate point of transmission-level interconnection, if required. This RFP does not require or otherwise obligate DOE to purchase any service or product from or of the Project. This RFP also does not require or obligate

DOE to modify or upgrade existing infrastructure to accommodate interconnection.

j. At the present time there are no known or expected Lease Agreement expenditures related to this Project. In the event that Lease Agreement expenditures are later identified, they will be determined by the Government, prior to the execution of the Lease Agreement. Any requirement for any payment or obligation of funds by DOE pursuant to the Lease Agreement shall be subject to the availability of funds, and no provision herein shall be interpreted to require the obligation or payment of funds in violation of the Anti-Deficiency Act, 31 U.S.C. §1341, nor shall anything herein be construed to imply that the Congress will appropriate funds for any payments in accordance with the Lease Agreement.

k. Upon the expiration or earlier termination of the Lease Agreement, the Selectee(s) shall, at no cost to the Government and to the reasonable satisfaction of the Government, demolish or remove all or a portion of, as designated by the Government, structures or improvements located on the Property, abandon, vacate or remove utilities or other infrastructure from the Property, restore the Property and surrender the Property to the Government in the condition it existed on the date the Lease Agreement was executed, unless the Government, at its sole discretion and subject to applicable law, elects to retain all or a portion of the Lease Agreement improvements located on the Property, without compensation to the Selectee(s). In coordination with the DOE

Site Office, Selectee(s) shall be responsible for conducting a baseline survey of the site in accordance with accepted standards and methods and consisting of but not limited to, vegetation mapping, wildlife and habitat assessments, and soil and hydrology profiles, including contaminants. Selectee(s) shall give the DOE Site Office a copy of the baseline survey prior to commencement of improvements at the site. Selectee(s) shall retain copies of the baseline survey in its records for the duration of the Lease. Upon expiration or earlier termination of the Lease, Selectee(s) shall consult with the DOE Site Office to identify an appropriate reference plot(s) elsewhere on DOE property that includes terrestrial and aquatic (lotic, riparian, and wetland) features of the type impacted by improvements to serve as a benchmark for restoration of the site.

DOE Site Office shall establish reasonable restoration objectives, standards, and metrics for restoration completion and the duration of monitoring and adaptive management to achieve restoration targets, which is typically more than five years depending on the ecosystem type and the impacts to it. The baseline survey also may be used to inform mitigation actions under the

Mitigation Plan. Additionally, the Selectee(s) shall be responsible for any remediation costs and/other costs associated with returning the Property to the condition it existed on the date the

Lease Agreement was executed.

l. Impact of environmental requirements on the Lease Agreement Structure:

Applicable to Site Area A Only: As this RFP and a potential Lease Agreement are/would be structured, DOE may complete NEPA, NHPA and other environmental requirements and then execute a Lease Agreement, or DOE may execute a conditional

Lease Agreement that is contingent on the completion of NEPA, NHPA and other environmental requirements (including, for example, completion of the NEPA analysis and decision document such as a Finding of No Significant Impact (FONSI) or Record of

Decision (ROD)) and a decision to proceed with the Project and satisfaction of NHPA).

If, after completion of NEPA and NHPA, DOE decides not to proceed with the Project, the conditional Lease Agreement would be terminated. Prior to taking actions, before the completion of NEPA, the Selectee(s) must receive authorization from DOE. Specific actions shall be submitted in writing to the Real Estate Contracting Officer responsible for the administration of this action for assessment by the NEPA Compliance Officer

(NCO). The NCO will make fact-specific determinations on whether the actions are allowable actions prior to completing the NEPA review. Examples of typically allowable activities include, but are not limited to, the preparation and submission of applications for licenses, permits, or other regulatory authorizations necessary for the Project; and background regulatory work such as the production of engineering studies, feasibility studies, or designs that will be needed to support regulatory approvals. Examples of activities that are typically not allowable include construction of facilities or activities that are surface disturbing or involve exploitation of resources. DOE’s NEPA analysis will be conducted pursuant to NEPA, as amended, 10 CFR part 1021 and DOE’s NEPA implementing procedures.

Applicable to Site Area B Only: As this RFP and a potential Lease Agreement are/would be structured, DOE may complete NEPA, NHPA and other environmental requirements and then execute a Lease Agreement, or DOE may execute a conditional

Lease Agreement that is contingent on the completion of NEPA, NHPA and other environmental requirements (including, for example, completion of the NEPA analysis and decision document such as a Finding of No Significant Impact (FONSI) or Record of

Decision (ROD)) and a decision to proceed with the Project and satisfaction of NHPA).

If, after completion of NEPA and NHPA, DOE decides not to proceed with the Project, the conditional Lease Agreement would be terminated. Prior to taking actions, before the completion of NEPA, the Selectee(s) must receive authorization from DOE. Specific actions shall be submitted in writing to the Real Estate Contracting Officer responsible for the administration of this action for assessment by the NEPA Compliance Officer

(NCO). The NCO will make fact-specific determinations on whether the actions are allowable actions prior to completing the NEPA review. Examples of typically allowable activities include, but are not limited to, the preparation and submission of applications for licenses, permits, or other regulatory authorizations necessary for the Project; and background regulatory work such as the production of engineering studies, feasibility studies, or designs that will be needed to support regulatory approvals. Examples of activities that are typically not allowable include construction of facilities or activities that are surface disturbing or involve exploitation of resources. DOE’s NEPA analysis will be conducted pursuant to NEPA, as amended, 10 CFR part 1021 and DOE’s NEPA implementing procedures. With respect to NHPA, DOE’s “agency official [may] authoriz[e] nondestructive project planning activities before completing compliance with section 106, provided that such actions do not restrict the subsequent consideration of alternatives to avoid, minimize or mitigate the undertaking's adverse effects on historic properties” consistent with 36 C.F.R. § 800.1(c).

3.2 FINANCIAL REQUIREMENTS

a. Offeror(s) must provide the Government documented evidence demonstrating that it has or will have all funds/financing necessary to accomplish and complete planning, design, permitting, construction, and operation of the AI data center and/or energy generation infrastructure facilities on or before the date of Lease Agreement execution. This could include but is not limited to a corporate parent guarantee of credit facility, an appropriate financial or investment company guarantee of credit facility, audited company financial statements, or other evidence of adequate financial resources that is acceptable to the Government.

b. The Selectee(s) shall not cross-collateralize or cross-default the Lease Agreement, or the assets or revenues of the Project, without prior written approval of the Government, which approval shall not be unreasonably withheld. The Selectee(s) shall not assign, pledge, provide as collateral, or otherwise transfer its interest in the Lease Agreement, in the net cash flows, or in the ownership of the Project, in whole or in part, without prior written approval of the Government.

Where the Selectee(s) will be arranging financing for the Project, the Selectee(s) shall seek prior written approval of the Government for any planned future changes in the Project ownership or cash flows.

c. The Selectee(s) shall be solely responsible for the payment of any property taxes, personal property taxes and assessments, including special assessments, utility rents, any charges imposed in lieu of ad valorem taxes, and all other taxes or charges levied against the Project

(including the costs of contesting such taxes), or assessments levied against the Selectee(s) interest in the use of the Property or against its activities or operations on the Property.

d. Applicable to Site Area A Only: Prior to five (5) years of the expiration of the Lease or termination, the Government will require the Selectee(s) to establish and maintain a decommissioning bond to manage the demolition of improvements installed by or for the

Selectee(s) on the Property and restore the Property to the condition in which it existed on the date the Lease Agreement was executed.

Applicable to Site Area B Only: The Government will require the Selectee(s) to establish and maintain a decommissioning bond to manage the demolition of improvements installed by or for the Selectee(s) on the Property and restore the Property to the condition in which it existed on the date the Lease Agreement was executed, upon the expiration or termination of the Lease Agreement.

e. The Selectee(s) shall, at its sole expense, obtain all required permits and approvals and pay all required expenses and fees in connection with its development of the Project.

f. Applicable to Site Area A Only: Should the Offeror(s) wish to pursue financing from

DOE’s Loan Programs Office (LPO), a description of the specific Project scope to be covered by the LPO loan should be provided. Offeror(s) that intend to seek LPO financing should specify how they plan to complete the Project while remaining in compliance with the denial of double benefit rule. For more information on this topic, please see Section 3.5, Integration with LPO.

Applicable to Site Area B Only: Should the Offeror(s) wish to pursue financing from

DOE’s Loan Programs Office (LPO), a description of the specific Project scope to be covered by the LPO loan should be provided. Offeror(s) that intend to seek LPO financing should specify how they plan to complete the Project while remaining in compliance with the denial of double benefit rule. DOE may execute a conditional Lease Agreement with the Selectee(s) that is contingent on the finalization of a LPO agreement for a loan, if the success of the proposed

Project is dependent on LPO financing. For more information on this topic, please see Section

3.5, Integration with LPO.

3.3 DEVELOPMENT AND USE REQUIREMENTS

a. The Government may enter into a Lease Agreement that would include the following periods:

i. An initial development period to establish Project requirements, to complete regulatory and permitting requirements such as National Environmental Policy

Act (NEPA), National Historic Preservation Act (NHPA), and other applicable regulatory requirements, secure Project financing, complete Project design, order long lead-time items, and complete any other tasks required to begin construction of the AI data center and/or energy generation infrastructure facilities. (See

Section 3.1.l. above for further discussion of NEPA and allowable interim actions, prior to the completion of NEPA.) The development period for the Project(s) should include the appropriate schedule to support permitting and approvals, such as utility interconnection agreements, as well as licensing of the energy generation assets, if required. For nuclear reactors, licensing can be pursued through either the U.S. Nuclear Regulatory Commission (NRC) or through DOE authorization.

ii. A Project construction timeline consistent with commercial best practices for constructing a project of the proposed type. A construction timeline for each major component of the Project should be included.

iii. An initial operations base period for the AI data center or energy generation infrastructure, prior to any potential renewal periods.

iv. Applicable to Site Area A Only: Required decommissioning, and site restoration/remediation is required no later than 24 months prior to the end/termination of the Lease Agreement, unless amended in writing to DOE.

v. Applicable to Site Area B Only: Required decommissioning, and site restoration/remediation is expected to occur during a 24-month period after the end/termination of the Lease Agreement, unless amended in writing to DOE.

b. All development activities on the Property shall be in accordance with applicable Federal, State, and local laws, rules, regulations, and ordinances, including building codes, as they may be amended from time to time.

c. The Project shall be viable without any commitment or contribution, monetary or otherwise, from the Government (potential financing opportunities from DOE’s Loan Programs Office

(LPO) notwithstanding; see Section 3.5).

d. All development and construction on the Property shall be compatible with the plans, programs, and missions of DOE Site at which the Property is located.

e. Development and construction on the Property will be subject to DOE security requirements, as deemed acceptable to the Government.

f. Relocation of existing improvements on the Property, if any, shall be at the Selectee(s)’ sole cost and expense and will be subject to the…