SMNR SP060422R0421 Final Amd 0004.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1 of 100

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

SP0604-22-R-0421 26 September 2022

7. FOR SOLICITATION

INFORMATION CALL ►

A. NAME B. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/

LOCAL TIME

Email: DLAEnergyResilience@dla.mil Phone: 571-767-8583 31 January 2023 –

1400 EST

9. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB

DESTINATION UNLESS

12. DISCOUNT TERMS

Defense Logistics Agency - Energy Installation Energy, Electricity Branch 8725 John J. Kingman Road, Suite 3827 Fort Belvoir, VA 22060-6222 Purchase Program: 8.1

UNRESTRICTED OR

SET-ASIDE % FOR:

SMALL BUSINESS

EMERGING SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE DISABLED VETERAN-

OWNED SMALL BUSINESS

8(A)

BLOCK IS MARKED

SEE SCHEDULE

NAICS: 221118

SIZE STANDARD: 750 employees

13a. THIS CONTRACT IS A RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING K

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINSTERED BY CODE SP0600

See Schedule See Block 9

17a. CONTRACTOR/OFFEROR CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

See Invoicing Instructions

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED:

SEE ADDENDUM

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

Resilient energy solution to provide electricity and steam from a SMR to Eielson AFB.

kWh Mlbs

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATIONS INCORPORATE BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACTS/PURCHASE ORDERS INCORPORATE BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_ COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REF _______ OFFER DATED _____ YOUR OFFER ON

SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

Andrea L. Kincaid 31c. DATE SIGNED mailto:DLAEnergyResilience@dla.mil

Eielson AFB SMR RFP SP0604-22-R-0421

Table of Contents

Section A - SF 1449, Solicitation/Contract/Order for Commercial Items

Part I – The Schedule

Section B – Supplies, Services, and Pricing Section C – Description/Specifications/Statement of Work Section D – Reserved Section E – Inspection and Acceptance Section F – Deliveries or Performance Section G – Contract Administration Section H – Special Contract Requirements

Part II – Contract Clauses

Section I – Contract Clauses

Part III – List of Documents, Exhibits, and Other Amendments

Section J – List of Attachments Section K – Certifications and Representation………………………...www.SAM.gov Section L – Instructions, conditions, and notices to offerors or respondents………..81 Section M – Evaluation factors for award………………………………………… 96

Eielson AFB SMR RFP SP0604-22-R-0421

Part I – The Schedule

Section B – Supplies, Services, and Pricing.

B.1. Definitions, Acronyms, and Interpretation.

B.1.1. Definitions. For purposes of the contract, the following definitions apply to the contract:

“Affiliate” means with respect to any person, any other person that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such first person. For this purpose, “control” and its derivatives mean, with respect to any person, the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, whether through the ownership of voting securities or otherwise. “Control” may be deemed to exist notwithstanding that a person owns or holds, directly or indirectly, less than 50% of the beneficial equity interest in another person.

“Ancillary services” means those services provided under the contract that are in addition to the generation of energy such as to ensure that the generated energy is transmitted, stable, and of high quality.

“Annual production amount” means the annual production amount shown in Table 5—Electricity Production. The annual production amount for a year shall include energy that the Contractor can demonstrate could have been produced and delivered but for excusable delays or reduction caused by the Government in the minimum required Government demand.

“Annual review” means the review conducted pursuant to subparagraph C.11.5., Annual Review.

“Applicable environmental and safety requirements” means requirements mandated or promulgated under any environmental and safety laws, applicable Executive Orders dealing with the environment or land use, and applicable Federal, state, interstate, and local laws that establish an environmental or safety requirement.

“Business day” means any day other than Saturday, Sunday, or any other day on which banking institutions in the state are required or authorized by applicable law to be closed for business.

“Commercial operation date” means the date on which the Contracting Officer provides the Contractor written acceptance of the completion notice.

“Commercial operation” means that the EPF or any part thereof, as applicable, has been provided in accordance with the contract and has proven delivery of providing delivered energy at the interconnection point.

“Completion notice” is the notice, accompanied by a copy of the results of the system acceptance testing, provided by the Contractor to the Contracting Officer after the results of the testing required by subparagraph E.2.1., System Acceptance Testing.

“Contract” means this written agreement between the parties, including its terms, conditions, clauses, schedules, attachments, and any other documents attached hereto or incorporated herein by reference.

Eielson AFB SMR RFP SP0604-22-R-0421

“Contract effective date” means the date of contract award by the Government.

“Contract term” means the period from the contract effective date through the expiration date or any earlier termination date.

“Contract unit price” is 1) the per kWh price identified on an annual basis in Table

2—CLIN 0001, Electricity Pricing and Production and 2) the per Mlbs price identified on an annual basis in Table 3—Steam Pricing and Production.

“Contracting Officer’s Representative” is defined in DFARS 252.201-7000, Contracting Officer’s Representative.

“Contracting Officer” is defined in FAR 2.101, Definitions.

“Contractor” means [TBD-insert name of the contractor].

“Contractor personnel” means all those persons retained by the Contractor to perform the contract, including employees, contractors, subcontractors of any tier, agents, officials, licensees, invitees, or other representatives.

“Delivered energy” means the total quantity of electricity and steam generated by the EPF and delivered to the respective interconnection points as measured by the billing meters. The delivered energy for any hour is equal to the sum of the delivered energy for each settlement interval during such hour.

“Electricity” means three-phase, 60 Hertz (Hz)-delta connected 7200 V AC electric energy measured in kWh.

“Emergency maintenance and repair work” means maintenance or repair necessary to correct an existing or imminent failure or to protect the safety or health of the EPF occupants and prevent adverse effects on property.

“Energy” means the capacity or power to do work, such as the capacity to move an object (of a given mass) by the application of force. Energy can exist in a variety of forms, such as electrical, mechanical, chemical, thermal, or nuclear, and can be transformed from one form to another. For purposes of this contract, energy is defined as electricity and steam.

“Energy production facility” means the facility and all associated equipment provided by the Contractor to produce the energy procured by the Government under the contract and includes the electric power generation equipment, controls, meters, switches, connections, conduit, wires, and other equipment installed on the site by Contractor pursuant to the specifications for the purposes of providing output to the Government under the contract. For purposes of this contract, the energy production facility is a nuclear micro-reactor.

“Energy Resilience” means the ability to avoid, prepare for, 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.

“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.

“Environmental attributes” means all environmental and other attributes (including Federal or state renewable energy credits, greenhouse gas credits or other emissions credits, environmental incentives or attributes, tradable renewable certificates, and other renewable energy or environmental credits, claims, benefits, Eielson AFB SMR RFP SP0604-22-R-0421 emissions reductions, offsets, allocations, or attributes, certified, named, characterized, measured, memorialized, recorded, or designated, whether in existence or in the future, including any related certificates such as renewable energy certificates available over the term of and attributable to the contract), but excluding tax benefits, as may exist from time to time that differentiate the EPF or its delivered energy from energy generated by fossil fuel or nuclear powered generating units, and any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the EPF, and its displacement of conventional energy generation, including (i) any avoided emissions of pollutants to the air, soil, or water such as sulfur oxides (SOX), nitrogen oxides (NOX), carbon monoxide (CO), and other pollutants designated by the EPA or other governmental agencies, (ii) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and other greenhouse gases (GHGS) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the earth’s climate by trapping heat in the atmosphere, and (iii) credits, benefits, or allowances resulting from the compliance of the EPF or its delivered energy with the standards and guidelines of the United Nations Framework Convention on Climate Change (the “UNFCCC”) or the Kyoto Protocol of the UNFCCC or crediting “early action” with a view thereto.

Environmental attributes include renewable energy credits but do not include tax benefits or any capacity, reliability, or other power attributes related to the EPF or its delivered energy.

“Environmental and safety law” means any law applicable to Contractor’s use of the premises and relating to the protection of human health or the environment or otherwise regulating or restricting the use, storage, disposal, treatment, handling, release, or transportation of materials regulated under environmental and safety laws, including the AEA, ARPA, CAA, CERCLA, CWA, CZMA, EPCRA, ESA, FIFRA, HMTA, MMPA, NEPA, NHPA, OSHA, SDWA, SWDA, TSCA, Nuclear Regulation Commission laws, and the environmental control laws of the state, as now or hereafter enacted or amended.

“Excusable delay” is a delay or failure in contract performance beyond the reasonable control of the party and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers, civil disturbance, or transmission failure beyond the interconnection point.

“Expiration date” means the date identified in subparagraph F.1.1., Contract Term, on which the contract terminates by reason of expiration of the contract term.

“Fair market value” means, with respect to any tangible asset or service, the price that would be negotiated in an arm’s-length, free market transaction, for cash, between an informed, willing seller and an informed, willing buyer, neither of whom is under compulsion to complete the transaction. Fair market value of the EPF shall be calculated pursuant to paragraph H.6.2., Determination of Fair Market Value.

Eielson AFB SMR RFP SP0604-22-R-0421

“Government” means the United States Government acting through properly delegated authority. For purposes of the contract, the properly delegated authority is the Contracting Officer.

“Government personnel” means civilian officers and employees of the Department of Defense and members of the Armed Forces of the United States.

“Governmental approval” means any approval, consent, franchise, permit, certificate, resolution, concession, license, or authorization issued by or on behalf of any applicable governmental authority.

“Governmental authority” means any Federal, state, interstate, regional, local, county, parish, town, city, or municipal Government, whether domestic or foreign, or any department, court, agency, commission, bureau, board, or other administrative, regulatory, or judicial body of any such Government.

“Hazardous material” means those materials identified as such by or pursuant to the HMTA.

“Hazardous substance” means materials referred to in section 101(14) (42 U.S.C.

§ 9601(14)) of CERCLA and materials designated pursuant to section 102 (42 U.S.C.

§ 9602) of CERCLA.

“Hazardous waste” means any material that is a “hazardous waste” as defined under or pursuant to the SWDA.

“IEEE 1547” means the IEEE standard for interconnecting distributed resources with electric power systems.

“Installation” means Eielson Air Force Base.

“Interconnection” means the point of physical connection between an electrical load and generation sources.

“Interconnection agreement” means the business contract between the installation

(or the Contractor, as appropriate) and the UDC for the purpose of interconnecting the EPF power sources with the UDC’s electrical distribution system.

“Interconnection point” means the point(s) at which the electricity and steam produced by the EPF is delivered to and received by the installation.

“Kilowatt hour” means 1000-watt hours and represents one kilowatt of power expended for one hour of time.

“Law” means any statute, act, law, treaty, rule, regulation, ordinance, code, permit, enactment, injunction, order, writ, decision, authorization, judgment, decree, or other legal or regulatory determination or restriction by a governmental authority, including any of the foregoing that are enacted, amended, or issued after the contract effective date, and which becomes effective after the contract effective date, and any binding interpretation of any of the foregoing.

“Materials regulated under environmental and safety laws” means any substance, effluent, waste, material, chemical, pollutant, or matter that is at any pertinent time defined or listed in, or otherwise classified, designated, or regulated pursuant to, any environmental and safety law as a toxic or hazardous material, hazardous material, extremely hazardous substance, infectious waste, toxic pollutant, or solid waste, or any other legislative or regulatory formulation intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosively, reactivity, carcinogenicity, and toxicity, whether or not so defined, listed, classified, Eielson AFB SMR RFP SP0604-22-R-0421 designated, or regulated by an environmental and safety law. Such materials include friable asbestos and petroleum and petroleum derivatives.

“Megawatt” means a unit for measuring power that is equivalent to one million watts (equivalent to one joule per second).

“Mega-volt ampere reactive” means the reactive power output of the EPF.

“Military Departments” means the Departments of the Army, Navy, and Air

Force.

“Minimum annual production” has the meaning set forth in subparagraph C.11.2., Minimum Annual Production.

“Monthly invoice date” means the fifteenth (15th) day of each month or if such day is not a business day, the business day next thereafter.

“National Electrical Code” means the current edition of the National Electrical

Code issued by the National Fire Protection Association.

“Option price” has the meaning set forth in paragraph H.6., Purchase Option

Upon Expiration of the Contract.

“Outage”, when applied to the EPF, means the period during which the EPF or a portion thereof is unable to deliver energy to the interconnection point.

“Outgrant” means a lease, license, easement, right-of-way, or other legally recognized form of permission contained in the contract allowing use of the Government’s real property. The outgrant may consist of more than one type of document.

“Output” means, collectively and on an as-available basis, all delivered electricity and steam produced by the EPF and all of the associated environmental attributes.

“Parties” means the Government and the Contractor.

“Party” means either the Government or the Contractor.

“Permits” means all permits and approvals, regulatory or otherwise, required from a governmental authority for the construction, operation, and removal of the EPF.

“Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, trustee, estate, limited liability company, unincorporated organization, real estate investment trust, governmental authority, or any other form of entity.

“Pesticide” is defined in FIFRA.

“Point of common coupling” is the point in the electrical system where multiple electrical loads and generation sources combine, and is accessible for direct measurement to the UDC, the Contractor, and the Government, per IEEE-519.

“Premises” means the real property assets identified in the outgrant as being provided to the Contractor for use under the contract.

“Production year” means a period of one (1) calendar year beginning on the first day of the full month next after COD and ending on the last day of the twelfth (12th) full month following COD, and each calendar year thereafter.

“Rejection notice” is the notice described in clause E.2.1.3., Rejection of Test Results.

Eielson AFB SMR RFP SP0604-22-R-0421

“State” means a state, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.

“Steam” means the by-product of the electrical energy harnessed and produced in the heat range of 400-430 degree F 100 psi dry steam.

“Steam Interconnection Facilities” means steam interconnection facilities and devices, including all distribution, transformation, protection devices and relaying facilities and equipment, metering devices, , and all related materials, equipment and structures necessary to interconnect and deliver steam from the EPF to the delivery point.

“System acceptance testing” is the installation and operational testing of the EPF as required in subparagraph E.2.1., System Acceptance Testing.

“Tax benefits” means incentive tax credits attributable to the EPF or its delivered energy (or cash grants in lieu thereof), including credits pursuant to sections 45 or 48 of the Internal Revenue Code, accelerated depreciation attributable to the EPF or its delivered energy, and any other tax credit or tax write-offs allowed under applicable law attributable to the EPF or its delivered energy, irrespective of whether such tax benefits accrue for the benefit of the Contractor, any of its affiliates, or any investor of the Contractor or any of its affiliates.

“Taxes” means a Federal, state, interstate, or local tax.

“Toxic or hazardous material” means any substance, effluent, waste, material, chemical, pollutant, contaminant, or matter that falls within one or more of the following categories:

a. Any hazardous substance or hazardous waste.

b. Any substance or chemical defined and regulated under requirements promulgated, respectively, by the EPA at 40 C.F.R. part 355, by the U.S.

Department of Transportation at 49 C.F.R. parts 100-180, by OSHA at 29 C.F.R.

§ 1910.1200, and ionizing materials otherwise regulated by the U.S. Nuclear Regulatory Commission at 10 C.F.R. part 20.

c. Any substance or chemical that is defined as a pollutant or contaminant, dangerous substance, toxic substance, hazardous chemical, toxic chemical, hazardous waste, or hazardous substance under any other applicable environmental and safety law, or the presence of which requires reporting, investigation, removal, or remediation or forms the basis of liability under any applicable environmental and safety law.

d. Any substance or material that the Secretary of Defense designates as a “toxic or hazardous material” under 10 U.S.C. § 2692(a)(2).

e. Any substance the presence of which on the premises or adjacent property causes or threatens to cause a nuisance or poses or threatens to pose a hazard to health or safety of persons on or about the project or adjacent property.

f. Gasoline, diesel fuel, or other petroleum hydrocarbons, including refined oil, crude oil, and fractions thereof, natural gas, synthetic gas, and any mixtures thereof.

Eielson AFB SMR RFP SP0604-22-R-0421

G Asbestos and asbestos-containing materials.

h. Polychlorinated bi-phenyls, or materials or fluids containing the same.

i. Lead-based paint.

“Unified facilities criteria” refers to facility planning, design, construction, operations, and maintenance criteria for DoD Components and participating organizations developed and issued by the Military Departments.

“Utility distribution company” means the Golden Valley Electric Association.

B.1.2. Acronyms. For purposes of the contract, the following acronyms have the meaning as provided:

“AC” means alternating current.

“ACM” means asbestos or asbestos containing materials.

“AEA” means the Atomic Energy Act of 1954 (42 U.S.C. § 2014 et seq).

“ANSI” means the American National Standards Institute.

“ARPA” means the Archaeological Resources Protection Act of 1979 (16 U.S.C.

§§ 470aa-470mm), as it may be amended from time to time.

“AST” means above ground storage tank.

“ASTM” means American Society for Testing and Materials.

“ATL” means adjustable trip limit.

“BMP” means best management practices.

“BDOC” Base Defense Operations Center.

“C” means Celsius.

“CAA” means the Clean Air Act (42 U.S.C. § 7401 et seq.), as it may be amended from time to time.

“CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seq.), as it may be amended from time to time.

“C.F.R.” means the Code of Federal Regulations.

“CHP” means Combined Heat and Power Plant “CLIN” means Contract Line Item Number.

“COD” means the commercial operation date.

“COR” means Contracting Officer’s Representative.

“CROMP” means capital reinvestment, operations, and maintenance plan.

“CSSP” means Control Systems Security Program.

“CUI” means Controlled Unclassified Information.

“CWA” means the Federal Water Pollution Control Act (also known as the Clean

Water Act)(33 U.S.C. § 1251 et seq.), as it may be amended from time to time.

“CZMA” means the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.), as it may be amended from time to time.

“DC” means direct current.

“DFARS” means the Department of Defense FAR Supplement in title 48 of the

C.F.R.

“DLA” means Defense Logistics Agency.

“DoD” means Department of Defense.

Eielson AFB SMR RFP SP0604-22-R-0421

“DoDI” means Department of Defense Instruction.

“DTM” means Directive-Type Memorandum.

“EIS” means Environmental Impact Statement.

“EPA” means the United States Environmental Protection Agency.

“EPCRA” means the Emergency Planning and Community Right to Know Act

(42 U.S.C. § 11001 et seq.), as it may be amended from time to time.

“EPF” means the energy production facility.

“ESA” means the Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), as it may be amended from time to time.

“F” means Fahrenheit.

“FAR” means the Federal Acquisition Regulation in title 48 of the C.F.R.

“FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.

§ 136 et seq.), as it may be amended from time to time.

“FMV” means fair market value.

“HMTA” means the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.), as it may be amended from time to time.

“Hz” means hertz.

“IAEA” means International Atomic Energy Agency “ICRMP” means Integrated Cultural Resources Management Plan.

“IEC” means the International Electrotechnical Commission.

“IEEE” means the Institute of Electrical and Electronics Engineers.

“IDS” means Intrusion Detection System.

“INRMP” means Integrated Natural Resources Management Plan.

“IRP” means the installation restoration program.

“ICS-CERT” means Industrial Control Systems Cyber Emergency Response

Team.

“Klbs” means thousands of pounds “kW” means a kilowatt of electrical energy AC.

“kWh” means a kilowatt hour of electrical energy AC.

“LBP” means lead-based paint.

“Mlbs” means million pounds.

“MMPA” means the Marine Mammal Protection Act of 1972 (16 U.S.C. § 1361 et seq.), as it may be amended from time to time.

“MOA” means Memorandum of Agreement.

“MVAR” means mega-volt ampere reactive.

“MW” means megawatts of electrical power AC.

“MWh” means megawatt hour or 1000 kilowatt hours of electrical energy AC.

“NDAA” means National Defense Authorization Act “NEC” means the National Electrical Code.

“NEPA” means the National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.) and NEPA’s implementing regulations at 40 C.F.R. part 1500, as they may be amended from time to time.

“NERC” means North American Electric Reliability Corporation.

“NFPA” means the National Fire Protection Association.

Eielson AFB SMR RFP SP0604-22-R-0421

“NHPA” means the National Historic Preservation Act of 1966 (54 U.S.C. 300101 et seq.), as it may be amended from time to time.

“NIPRNET” means the Nonsecure Internet Protocol Router Network.

“NIST” means the National Institute of Standards and Technology.

“NPDES” means National Pollutant Discharge Elimination System.

“NRC” means Nuclear Regulatory Commission “OSHA” means the Occupational, Safety, and Health Act of 1970 (29 U.S.C. §

651 et seq.), as it may be amended from time to time.

“PAA” means Price Anderson Act.

“PCC” means point of common coupling.

“POAM” means Plan of Action and Milestones.

“PSI” means pounds of force per square inch.

“PTZ” means Pan-Tilt-Zoom.

“QA” means quality assurance.

“QC” means quality control.

“RECs” means renewable energy credits.

“RFP” means request for proposals.

“SDWA” means the Safe Drinking Water Act (42 U.S.C. § 300f et seq.), as it may be amended from time to time.

“SSP” means System Security Plan.

“SWDA” means the Solid Waste Disposal Act (also known as the Resource

Conservation and Recovery Act) (42 U.S.C. § 6901 et seq.) and any federally authorized state law implementing the requirements of such act, as they may be amended from time to time.

“TSCA” means the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), as it may be amended from time to time.

“UDC” mean utility distribution company.

“UFC” means Unified Facilities Criteria.

“UFGS” means Unified Facilities Guide Specifications.

“UL” means Underwriters Laboratories.

“US-CERT” means the Department of Homeland Security’s United States

Computer Emergency Readiness Team.

“USFWS” means United States Fish and Wildlife Service.

“UST” means underground storage tank.

“V” means volts.

B.1.3. Rules of Interpretation. The following rules of interpretation shall apply to the contract:

B.1.3.1. References to the contract, without more specificity, refer to this contract as a whole, including its schedules, attachments, and other documents and clauses attached hereto or incorporated herein by reference, and not to any particular provision of the contract.

Eielson AFB SMR RFP SP0604-22-R-0421

B.1.3.2. Unless otherwise specified herein, all references herein to any agreement or other document of any description shall be construed to give effect to amendments, supplements, modifications or any superseding agreement or document as then exist at the applicable time to which such construction applies to the extent it is not inconsistent with the terms of the contract.

B.1.3.3. Words in the contract that import the singular connotation shall be interpreted as plural, and words that import the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require.

B.1.3.4. References to a particular article, section, subsection, paragraph, subparagraph, appendix, or attachment shall, unless specified otherwise, be a reference to that article, section, subsection, paragraph, subparagraph, appendix, or attachment of the contract.

B.1.3.5. References in the contract to any person includes its permitted successors and assigns and to any person succeeding to its functions.

B.1.3.6. All references to dollars are to U.S. dollars.

B.1.3.7. A reference to a law includes any amendment or modification to such law, and all regulations, rulings, and other laws promulgated under such law whether such amendment or modification was made before or subsequent to the contract effective date.

B.1.3.8. The words “hereof”, “herein”, and “hereunder” and words of similar import refer to the contract as a whole and not to any particular provision of the contract unless the context indicates otherwise.

B.1.3.9. The words “include”, “includes”, and “including” mean include, includes, and including “without limitation” and “but not limited to”.

B.1.3.10. The captions or headings in the contract are strictly for convenience and shall not be considered in interpreting the resulting contract.

B.1.3.11. References to “days” means calendar days, unless the term

“business days” is used.

B.2. General Requirement. The Government is awarding a firm-fixed price contract under 10 U.S.C § 2922a. The contract is for the construction, provision, testing, operation, management, maintenance, and eventual removal of a nuclear micro-reactor EPF, and for the delivery of electricity and steam to the respective interconnection points, ancillary services, and all associated environmental attributes produced by the EPF to be located on Eielson AFB. The contract is incrementally funded using annual appropriations in accordance with 10 U.S.C. § 2922a(c). The contract term may not exceed 30 years, consisting of periods for construction, testing, energy production and

Eielson AFB SMR RFP SP0604-22-R-0421 delivery, and EPF removal, unless terminated earlier pursuant to the provisions of the contract.

B.2.1. Estimated Contract Value. The estimated contract value is summarized in

Table 1—Contract Value Summary.

Table 1—Contract Value Summary

CLIN

Supplies Contract purchase and delivery term (in years)**

Total estimated quantity as specified**

Total estimated contract $ value

0001 Delivered electricity

20 788,400,000 kWh

0002 Steam 20 10,160 Mlbs 0003 Rental Credit 30 $73,162.50*

Total estimated contract value *This is a preliminary market value assessment estimated by the Air Force

** These are estimated by Government but subject to change dependent upon an offeror’s solution.

B.2.2. CLIN 0001 Description. CLIN 0001 consists of construction of an on-site nuclear micro-reactor EPF and its provision, testing, operation, management, maintenance, and eventual removal. CLIN 0001 also includes the delivery of approximately 39,420,000 kwh of electricity annually (subject to change given offeror’s proposal) to the interconnection point, ancillary services, energy security and resilience (refer to Section C.18, Energy Security and Resilience), and all associated environmental attributes produced by the EPF. Deliveries shall commence on the COD and continue through the contract term, less that portion of the term used for removal of the EPF. The contract term includes a construction period of up to seven (7) years and a removal and restoration period of up to three (3) years (subject to change given offeror’s proposal) to commence on the contract effective date. The firm fixed unit prices and estimated quantities for each production year are in Table 2—CLIN 0001, Electricity Pricing and Production.

Table 2—CLIN 0001, Electricity Pricing and Production

Year Contract unit price (in kWh)

Estimated annual requirement (in kWh)

Estimated annual production (in kWh)

Total estimated contract value

1 CONSTRUCTION PERIOD $0.00

2 CONSTRUCTION PERIOD $0.00

3 CONSTRUCTION PERIOD $0.00

4 CONSTRUCTION PERIOD $0.00

5 CONSTRUCTION PERIOD $0.00

6 CONSTRUCTION PERIOD $0.00

7 CONSTRUCTION PERIOD $0.00

Eielson AFB SMR RFP SP0604-22-R-0421

8 39,420,000 9 39,420,000 10 39,420,000 11 39,420,000 12 39,420,000 13 39,420,000 14 39,420,000 15 39,420,000 16 39,420,000 17 39,420,000 18 39,420,000 19 39,420,000 20 39,420,000 21 39,420,000 22 39,420,000 23 39,420,000 24 39,420,000 25 39,420,000 26 39,420,000 27 39,420,000

28 REMOVAL AND RESTORATION $0.00

29 REMOVAL AND RESTORATION $0.00

30 REMOVAL AND RESTORATION $0.00

B.2.3 CLIN 0002 Description. CLIN 0002 consists of the Contractor performing all work, including the collection and routing of steam from the EPF to the interconnection point, and providing all equipment to include any piping, valves, metering, other equipment, and protective devices required by the UDC necessary to connect to the installation steam distribution system, in accordance with any applicable interconnection agreement. Deliveries shall commence on the COD and continue through the contract term, less that portion of the term used for removal of the EPF and associated installed steam infrastructure. The contract term includes a construction period of up to seven (7) years and a removal and restoration period of up to three (3) years (subject to change given offeror’s proposal) to commence on the contract effective date. The firm fixed unit prices and estimated quantities (subject to change given offeror’s proposal) for each production year are in Table 3—CLIN 0002, Steam Pricing and Production.

Table 3—CLIN 0002, Steam Pricing and Production

Eielson AFB SMR RFP SP0604-22-R-0421

Year Contract unit price (in Mlbs)

Estimated annual requirement (in

Mlbs)

Estimated annual production (in Mlbs)

Total estimated contract value

1 CONSTRUCTION PERIOD $0.00

2 CONSTRUCTION PERIOD $0.00

3 CONSTRUCTION PERIOD $0.00

4 CONSTRUCTION PERIOD $0.00

5 CONSTRUCTION PERIOD $0.00

6 CONSTRUCTION PERIOD $0.00

7 CONSTRUCTION PERIOD $0.00

8 508 9 508 10 508 11 508 12 508 13 508 14 508 15 508 16 508 17 508 18 508 19 508 20 508 21 508 22 508 23 508 24 508 25 508 26 508 27 508

28 REMOVAL AND RESTORATION $0.00

29 REMOVAL AND RESTORATION $0.00

30 REMOVAL AND RESTORATION $0.00

B.2.4. CLIN 0003 description. Real Estate Rental Credit. Pursuant to 10 U.S.C.

§ 2667, the Air Force is required to collect rent in an amount that is not less than the fair market value of the lease interest. In lieu of receiving cash rent under the outgrant during the contract term, the Contractor shall provide the Government a utility credit on each

Eielson AFB SMR RFP SP0604-22-R-0421 monthly bill in accordance with Table 4—CLIN 0003, Rent. This monthly credit shall be identified separately on the monthly bill.

Table 4—CLIN 0003, Rent

Years 1-5 Years 6-10 Years 11-15 Years 15-20 Years 21-25 Years 26-30 Rental Credit per Month

B.2.4.1. Rent During Construction. The Contractor is responsible for rent during the construction period. The Contractor shall pay the construction period rent during the first production year as a separate rent credit pro-rated on each monthly invoice. The credit shall be specified on the monthly bill along with a running total. The Government shall be notified on the monthly bill when the full construction period rent is paid.

Eielson AFB SMR RFP SP0604-22-R-0421

Section C – Description/Specifications/Statement of Work.

Subsection I – General.

C.1. Type of Contract. This is a firm fixed price contract under 10 U.S.C. § 2922a for the construction, provision, testing, operation, management, maintenance, and eventual removal of an EPF and for the delivery of electricity and steam to the interconnection point, ancillary services, and all associated environmental attributes produced by the EPF. The EPF shall be owned and operated by the Contractor.

C.2. Project Location. The EPF shall be constructed on the premises as described in the outgrant. The term of the outgrant coincides with the contract term, and the outgrant is fully incorporated into and is a part of the contract as Attachment JA1, Draft Outgrant.

C.2.1. Sites. The EPF shall be constructed on one of the available sites identified in Proposal Reference Document PR2, Project Site Map, at the Contractor’s discretion, that will require approval by the Government and NRC.

C.2.2. Known Site Environmental Conditions and Considerations. Proposal

Reference Document JR3, Environmental Information Summary, provides the results of an environmental baseline survey conducted June – November 2021 on the potential sites depicted in Proposal Reference Document PR2, Project Site Map. Depending on Contractor’s chosen technology and construction methodology, relevant information from the report includes data such as floodplain status, soil makeup and characteristics, known environmental contamination, existing biological and cultural resources, traffic and infrastructure considerations, and follow up studies or surveys that may be required.

C.2.3 NRC Site Requirements. The NRC will complete an Environmental

Impact Statement (EIS) under the National Environmental Policy Act (NEPA) before construction can begin. The site conditions outlined in Proposal Reference Document JR3, Environmental Information Summary, will inform the EIS. The NRC Interim Staff Guidance on Environmental Considerations Associated with Micro-Reactors, available at https://www.nrc.gov/docs/ML2025/ML20252A076.pdf, provides an overview of NRC’s approach to NEPA reviews for micro-reactors. In siting the proposed EPF, the Contractor shall follow all applicable provisions of 10 CFR 100, “reactor siting criteria”, incorporating proper distance between the reactor and the outer boundary of the low population zone as defined in 10 CFR 100.3.

C.3. General Performance Requirements.

C.3.1. Provision of an EPF. The Contractor shall provide an EPF and all labor, material, management, and capital to design, construct, install, test, own, operate, maintain, and, at contract termination or contract expiration, whichever occurs earlier, remove the EPF. The Contractor shall be responsible for all modifications to the premises required for the design, installation, construction, operation, and maintenance of https://www.nrc.gov/docs/ML2025/ML20252A076.pdf

Eielson AFB SMR RFP SP0604-22-R-0421 the EPF. The Contractor shall ensure any modification to the EPF, whether during initial construction or after COD, is consistent with any applicable interconnection agreement.

All Contractor costs and expenses for the EPF, except as otherwise explicitly indicated in the contract, are included in CLIN 0001.

C.3.1.1. Provision of Steam. The Contractor shall deliver steam produced from the EPF to the interconnection point. The Contractor shall be responsible for all steam modifications necessary to ensure the EPF is compatible with the installation’s steam distribution system. The EPF shall not have any adverse effects on the installation’s steam distribution system, or on loading, structural integrity, protective devices, or the operation of any of the installation steam equipment. Any modification to the EPF that would affect the installation’s steam distribution system and the EPF’s steam output requires the prior written approval by the Government. All Contractor costs and expenses for the provision of steam, except as otherwise explicitly indicated in the contract, are included in CLIN 0002.

C.3.2. Exporting of Electricity from EPF. The Contractor shall ensure during performance of the contract that no electricity shall be exported from the EPF to the commercial power grid off the installation. All electricity generated from the EPF shall be consumed by the installation.

3.2.2. Electricity Order of Priority. In order of priority, electricity shall be supplied from 1) the EPF, 2) the CHP, and 3) the Utility Distribution Company.

C.3.3. EPF Performance.

C.3.3.1. Minimum Production. The Contractor shall operate and maintain the EPF whereby the system performance shall result in production of no less than the minimum annual production amount per year, as indicated in Table 5—Electricity Production, provided that the Contractor agrees to maximize its production to the greatest extent possible consistent with applicable laws and the requirements of the contract.

C.3.3.2. Default in Production. Unless due to excusable delay or failure by the Government to accept the minimum annual production, failure of the Contractor to produce at least seventy-five percent (75%) of the annual production amount for a year shall constitute Contractor default.

C.3.4. Site Modifications. Consistent with FAR 52.236-2, Differing Site

Conditions, the Contractor shall be responsible for all site modifications required for the design, construction, installation, testing, operation, and maintenance of the EPF and steam infrastructure.

C.3.5. EPF Ambient Air Conditions. The EPF must be able to operate at rated conditions in temperatures ranging from -55C to 50C (-67F to 122F). The EPF must be able to store, or maintain all supporting equipment necessary for operation when not

Eielson AFB SMR RFP SP0604-22-R-0421 generating, in temperatures ranging from -55C to 55C (-67F to 131F). EPF must operate at rated conditions and temperatures at elevations up to 1,000 meters above sea level.

C.4. Government Operations. The installation is an active military installation with daily operations. The Contractor shall construct, operate, and maintain the EPF in a manner to ensure that there will be minimal interruptions to and disruptions of, and no detrimental effects on, military operations from the EPF.

C.5. Title to the EPF. The Government obtains no right or title to the EPF pursuant to the contract. The Government shall neither consider nor treat the EPF as a part of or a fixture to the installation. During the contract term, the Contractor or its successors and assignees shall be the legal and beneficial owner of the EPF.

C.6. thru C.10. Reserved.

Subsection II – Electricity Production.

C.11. Production Level of Electricity.

C.11.1. Production Year. The first production year begins the first of the month following the COD and runs for a period of twelve calendar months thereafter.

C.11.2. Minimum Annual Production – Electricity. The EPF electricity, CLIN

0001 production output profile is included in Table 5—CLIN 0001 Electricity Production Given the EPF is a single generating facility, producing electricity with a by-product of steam, only electricity will be subject to minimum annual production On an annual basis, the Contractor shall produce and the Government agrees to purchase at least the minimum annual production under the heading “minimum annual production (in kWh)” in Table 5—CLIN 0001 Electricity Production.

Table 5—CLIN 0001 Electricity Production Year Minimum annual production (in kWh) Annual production amount (in kWh)

1 Construction Construction 2 Construction (to be completed at time of award) 3 Construction 4 Construction 5 Construction 6 Construction 7 Construction 8 39,420,000 9 39,420,000 10 39,420,000 11 39,420,000 12 39,420,000 13 39,420,000

Eielson AFB SMR RFP SP0604-22-R-0421

14 39,420,000 15 39,420,000 16 39,420,000 17 39,420,000 18 39,420,000 19 39,420,000 20 39,420,000 21 39,420,000 22 39,420,000 23 39,420,000 24 39,420,000 25 39,420,000 26 39,420,000 27 39,420,000

*Construction period subject to change given offeror’s proposal.

C.11.3. Production Above Minimum Annual Production. If the EPF delivers and the Government is able to consume more than the minimum annual production during a production year, the Government shall pay the Contractor for the additional electricity at the applicable contract unit price set forth in Table 2—CLIN 0001, Electricity Pricing and Production under the heading “Contract unit price for production above the estimated minimum annual production (in kWh)”.

C.11.4. Minimum Purchase Guarantee. If the Government consumes less than the minimum annual production for the year as a result of an event that is not due to excusable delay, the Government shall pay the Contractor the difference between the amount consumed and the minimum annual production for that production year at the contract unit price for that year. The Government is not obligated to make such payment until the Contractor demonstrates that the Government’s failure to consume the minimum annual production was not due to excusable delay. A curtailment of the EPF either because of an outage by the Utility Distribution Company, if not also the Contractor or an affiliate of the Contractor, that prevents operation of the EPF or because of the need to operate the EPF in accordance with the requirements of the interconnection agreement that leads to the Government’s inability to consume the minimum annual production is an excusable delay.

C.11.5. Annual Review.

C.11.5.1. Nature of Annual Review. The Contractor shall complete and submit to the Government a detailed and documented annual review within fifty (50) days of the end of each production year. The annual review shall summarize EPF production levels. If the amount of EPF production recorded is less than the minimum annual production required for that year, then the Contractor shall evaluate the shortfall and provide the Government with the Contractor’s conclusions as to the reason for the shortfall.

Eielson AFB SMR RFP SP0604-22-R-0421

C.11.5.2. Submission of Annual Review to Financiers. The Contractor shall also submit a copy of the annual review to its financiers.

C.12. EPF Performance.

C.12.1. Industry Standards. The EPF shall conform to applicable industry standards as set forth by 10 CFR; NRC Regulatory Guides; EPA PAG for Radiological Incidents; ASTM; IEEE 1547, 1703, and 1584; IEC 61558; UL; UFCs including but not limited to 1-200-01, 3-550-01 section 3.10; 3-540-01, 3-540-07, 3-550-01, 3-550-04 and

NEC.

C.12.2. Adequacy of Maintenance. The Contractor shall maintain the EPF so as to be capable of producing energy in the quantities specified in subparagraph C.11.2., Minimum Annual Production.

C.12.3. Curing Annual Production Amount Default. If the annual review indicates, for reasons other than excusable delay or failure by the Government to accept delivery of the minimum annual production, that the EPF failed to produce 75% of the annual production amount, the Contractor shall be in default. To cure the default, the Contractor shall provide with the annual review a written plan, with performance and production milestones, acceptable to the Government to cure the cause of the default and to bring the performance of the EPF into compliance with the contract. If the Contractor’s plan to cure the cause of the default is accepted by the Government, the Contractor shall have sixty (60) days to implement the plan and an additional sixty (60) days to demonstrate compliance with the contract through EPF production. If, after sixty

(60) days of EPF production, the Contractor cannot demonstrate that the EPF is capable of producing the minimum annual production (pro-rated for the year), the Contractor shall have failed to cure the default and the Government shall have the right to terminate the contract without further notice or right to cure. If the Contractor’s plan is not acceptable to the Government, the Government may terminate the contract for default.

C.12.4. Compensation to the Government for Default. Whether or not the

Contractor is successful in curing a default for failure to produce 75% of the annual production amount, the Contractor shall reimburse the Government a financial credit equal to the positive difference between the cost of the replacement energy, including costs incurred through a Stand-By Tariff, if applicable, actually purchased by the Government to make up the difference due to the Contractor’s failure to produce 75% of the annual production amount less the cost of the energy that would have been supplied by the EPF (but wasn’t) had the Contractor produced 75% of the annual production amount. The Government shall provide the Contractor with information demonstrating the cost of the replacement energy the Government purchased to compensate for the Contractor’s failure to produce 75% of the annual production amount. In no event shall the Contractor’s liability for a financial credit as set forth in this subparagraph exceed the total net costs for replacement energy paid by the Government during this period as a result of the Contractor’s failure to produce 75% of the annual production amount.

Eielson AFB SMR RFP SP0604-22-R-0421

C.13. Electrical Requirements.

C.13.1. Electrical Modifications. The Contractor shall take actions or install modifications necessary to ensure the EPF is compatible with the installation’s electrical distribution system. The EPF will operate in conjunction with the Combined Heat and Power Plant (CHP) and the electric utility.