SRS Enclosure 1 - Request for Qualification (Final).pdf

Department of Energy

Realty Agreement for Carbon Pollution-Free Electricity Projects at Savannah River Site

Request for Qualifications (RFQ)

Contents

LIST OF APPENDICES

1.0 EXECUTIVE SUMMARY

2.0 EXISTING CONDITIONS

3.0 GENERAL REALTY AGREEMENT REQUIREMENTS

3.1 TERMS AND REQUIREMENTS

3.2 FINANCIAL REQUIREMENTS

3.3 DEVELOPMENT AND USE REQUIREMENTS

4.0 INSTRUCTIONS TO OFFEROR(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 and Experience

4.4.5 Financial Capability

5.0 BASIS OF QUALIFIED OFFEROR SELECTION

5.1 SELECTION PROCESS

5.1.1 Project Description

5.1.2 Project Plan

5.1.3 Return to the Government

5.1.4 Capability and Experience

5.1.5 Financial Capability

5.2 EVALUATION RATINGS

6.0 NEGOTIATIONS

6.1 STRATEGY

6.2 LEGAL DOCUMENTATION

7.0 NOTIFICATION AND REPORTING REQUIREMENTS

LIST OF APPENDICES

Appendix A – Depiction of the Property and Existing Encumbrances

Appendix B – Insurance Requirements

Appendix C – DOE Mandatory Clauses

Appendix D – Offeror’s Cover Page

Appendix E - Past Performance Reference Information Form

1.0 EXECUTIVE SUMMARY

a) Executive Order 13327, Federal Real Property Asset Management, states that “It is the policy of the United States to promote the efficient and economical use of America’s real property assets and to assure management accountability for implementing Federal real property management reforms.” Furthermore, Executive Order 14057, Catalyzing Clean Energy Industries and Jobs

Through Federal Sustainability, directs agencies to “facilitate new carbon pollution-free electricity (CFE) generation and energy storage capacity by authorizing use of their real property assets, such as rooftops, parking structures, and adjoining land, for the development of new carbon pollution-free electricity generation and energy storage through leases, grants, permits, or other mechanisms, to the extent permitted by law.”

b) The Atomic Energy Act of 1954, 42 U.S.C. 2011, et. seq., as amended, authorizes the

Department of Energy to enter into Realty Agreements (leases, easements, etc.) for the use of real property, with non- Federal entities.

c) Pursuant to the foregoing Executive Orders and statutory authority, the Department of Energy

(DOE) (the “Government” or “DOE”) is issuing this Request for Qualifications (the “RFQ”) to solicit proposals from entities interested in entering into a long-term Realty Agreement for all or a portion of identified real property located at the Savannah River Site (SRS) in South Carolina.

The Realty Agreement with the Government is for the purposes of designing, financing, permitting, developing, constructing, installing, owning, maintaining, operating, decommissioning and restoration for a photovoltaic solar power (PSP) generation facility including such conduits, lines, wiring, electrical systems, interconnection facilities, and other ancillary facilities and equipment reasonably required for the installation, maintenance, operation, decommissioning and site restoration of a PSP generation facility that maximizes solar generation given the available real property described herein. While the primary goal is the development of solar power generation capacity, the developer may wish to include energy storage as an option.

The developer shall be responsible for its interconnection with the local public electric utility system for private and/or public use and operation. (Collectively referred herein as the

“Project”). The proposed real property is comprised of approximately 6,800 acres of land separated into six tracts. (the “Property”). The Government anticipates that each of the tracts comprising the Property may contain a PSP facility as described above and that PSP facility will create Energy Attribute Certificates (EAC), a portion of which will be retired on behalf of the DOE

Savannah River Site (SRS) as a requirement of the Realty Agreement. The Government anticipates entering into a Realty Agreement that includes the following periods:

i) An initial development period of two to four years to establish project requirements, to complete regulatory requirements such as NEPA (National Environmental Policy Act) and

NHPA (National Historic Preservation Act), address interconnection and other regulatory requirements, secure project financing, complete project design, order long lead-time items and complete any other tasks required to begin construction of the solar facility.

(See Section 3.1 (n) below for further discussion of NEPA and allowable interim actions, prior to the completion of NEPA.)

ii) one to two years for a project construction timeline consistent with commercial best practices for constructing a project of the proposed type.

iii) an initial operations period that is anticipated to be for 25-40 years with potential renewal periods.

d) This RFQ is for the development of any of the tracts of land described herein and Offerors may submit proposals to develop a single tract or multiple tracts. The Government can decide to allow development on any, all or none of the tracts. The Government may decide to allow one or multiple offerors develop one or more of the tracts. Should the Government decide to allow for development of additional lands, it may choose to select additional proposals from this

RFQ, conduct a new competition, or exercise its authority to grant temporary use of these lands in another manner, consistent with applicable laws. In accordance with and subject to the terms, requirements, and conditions of this RFQ, the Government will evaluate all proposals received from Offerors to qualify and select one or more “Qualified Offeror(s)” with whom to enter into Realty Agreement negotiations. A Qualified Offeror with whom the Government enters into a written and legally binding Realty Agreement is hereinafter referred to as a

“Selectee”.

e) The Government’s objectives in issuing this RFQ and entering into a Realty Agreement for the

Property (Realty Agreement Objectives) include, but are not limited to, the following (collectively, the “Objectives”).

Evaluating Offerors and selecting one or more Qualified Offeror(s) that will:

i) enter into a Realty Agreement for the Property (or portion of) 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 RFQ.

ii) provide Energy Attribute Certificates (EACs) resulting from onsite generation of clean energy that are retired on behalf of DOE in numbers sufficient to offset non-carbon-free energy consumed at DOE Savannah River Site.

iii) enter into a Realty Agreement for use of the Property in a manner that minimizes risk to the Government.

iv) enter into a Realty Agreement for use of the Property in a manner that is compatible with the Government mission and adjacent Government uses.

v) enter into a Realty Agreement for use of the Property in a manner that minimizes and/or mitigates environmental and cultural impacts.

vi) enter into a Realty Agreement for use of the Property consistent with best commercial practices; and enter into a Realty Agreement for use of the Property in a manner that supports the relationships with local Governmental authorities, and the surrounding communities.

2.0 EXISTING CONDITIONS

a) THE PROPERTY WILL BE PROVIDED “AS-IS/WHERE-IS” WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY

KIND, NATURE, OR TYPE WHATSOEVER, FROM OR ON BEHALF OF THE GOVERNMENT.

There are no entitlements being granted or conveyed with the use of the Property to the

Selectee by the Government other than those activities necessary for the specified purpose and described in the Realty Agreement. As used in this RFQ, the term “entitlements” means those land or development rights required for the development of Selectee improvements on the

Property in accordance with federal, state, and local regulations, rules, ordinances, policies, and laws.

b) Offeror(s) shall rely solely and exclusively on their own independent investigation and due diligence in determining whether the Property is suitable for their proposed use. The Property is more generally depicted in Appendix A (“Depiction of the Property and Existing Encumbrances”) attached hereto and incorporated herein by this reference.

c) Without limiting the foregoing and notwithstanding anything herein to the contrary, to the best of the Government's actual knowledge, the Government is not aware of any existing conditions that would prevent development on the Property, except as is expressly provided in Appendix A and any other information disclosed or made available to the Offeror(s), Qualified Offeror(s), and/or Selectee(s). To the extent possible, the Government will provide Offeror(s) with access to all relevant and available environmental documentation concerning the Property known, to the best of the Government’s actual knowledge, to be in the Government’s possession. The

Government is conducting radiological clearance and an Environmental Baseline Assessment of the Property. Background information on the Savannah River Site is available at https://www.srs.gov/general/srs-home.html and information on the existing environment at the

Savannah River Site is posted at www.energy.gov/em/em-clean-energy-land-reuse. As used in this RFQ, the term "Actual Knowledge" means the information actually known to the

Government or that could be reasonably inferred to have been known to the Government after reasonable investigation. Offerors shall rely solely and exclusively on their own independent investigation and due diligence in determining whether the Property is suitable for their proposed use.

d) DOE’s decision whether to execute a Realty Agreement is subject to several environmental laws and regulations, including NEPA (42 U.S.C. § 4321, et seq.). NEPA requires federal agencies to consider the potential environmental impacts of their proposed actions prior to making a decision. For additional background on NEPA, please see DOE’s NEPA website, at https://www.energy.gov/nepa.

e) The National Historic Preservation Act (NHPA) (54 U.S.C. § 300101, et seq.) requires federal agencies consider the impact of their actions on historic properties. For additional background on

NHPA, please see the Advisory Council on Historic Properties website at https://www.achp.gov.

f) While NEPA and NHPA compliance is a Federal Agency responsibility and the ultimate decision remains with the Federal Agency, all Qualified Offeror(s)/Selectee(s) will be required to assist in the timely and effective completion of the applicable regulatory processes, as appropriate, in the manner most pertinent to their proposed project. The Qualified Offeror(s)/Selectee(s) may choose to enter a third-party agreement wherein the Qualified Offeror(s)/Selectee(s) pays an environmental contractor, approved by DOE, to prepare the required regulatory documentation

(e.g., NEPA document), to the satisfaction of DOE. DOE must fully comply with applicable regulatory processes (e.g., NEPA and NHPA) prior to Realty Agreement execution, or if the regulatory processes are not completed before Realty Agreement execution, then the Realty

Agreement shall be contingent on completion of the applicable regulatory processes (e.g., NEPA and NHPA).

https://www.srs.gov/general/srs-home.html http://www.energy.gov/em/em-clean-energy-land-reuse https://www.energy.gov/nepa https://www.achp.gov/

g) Additionally, the Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA) requires federal agencies to provide notice when property owned by the United States is transferred. (42 U.S.C. § 9620 (h)). The Savannah River Site is subject to the provisions of

CERCLA. The Federal Facility Act (FFA) for the Savannah River Site, Section XLVI, Property

Transfer, will also be applicable to the Realty Agreement.

h) The Qualified Offeror(s)/Selectee(s) shall be responsible, at its own expense, for all required permit(s) and all costs related to compliance with applicable laws and regulations. The

Government is responsible for government-to-government consultation with federally recognized Tribes. The Qualified Offeror(s) and Government shall reach an agreement with respect to the physical appearance and condition of the Property and shall prepare and execute a Physical Condition Report evidencing their agreement prior to execution of the

Realty Agreement.

i) The Government is leasing the Property subject to all existing encumbrances (recorded and unrecorded). To the best of the Government's Actual Knowledge, a list of such encumbrances is attached hereto as Appendix A (the “Depiction of the Property and Existing Encumbrances”).

j) The Property may be located in the state of South Carolina within Aiken County, Barnwell

County or straddling the boundary between the two counties.

3.0 GENERAL REALTY 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 Realty Agreement for the Property

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

3.1 TERMS AND REQUIREMENTS

a) The Offeror(s) shall provide anticipated length of time in months for the three periods previously identified – development, construction, and initial operations, consistent with commercial best practices for the proposed project type. DOE may ask for further justification as needed.

b) Transfers, assignments, and subleases are not permitted without written approval by DOE.

Where Qualified Offeror(s) will be arranging tax equity financing for the Project, DOE will consider transfers, assignments, or subleases.

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

d) The Government shall have the right to terminate the Realty Agreement.

e) During negotiations, the Government and the Qualified Offeror(s) will negotiate and mutually agree to the consideration which will be provided by the Selectee(s) to the Government for the three periods – development, construction, and initial operations.

k) The Selectee’s Realty Agreement interest in the Property and its operations and activities on the Property may be taxed by State and local governments. The Selectee (s) shall be solely responsible for all taxes levied by any taxing authority. The Government makes no warranties or assertions in reference to taxation. Selectee (s) shall rely solely and exclusively on their own independent investigation and due diligence in determining taxation.

f) The Selectee’s use(s) of the Property shall be compliant with the Realty Agreement terms, all applicable laws and regulations, and compatible with the mission of the DOE site at which the

Property is located.

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

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

h) Any and all utilities and services necessary or required for the Property or the Project as a result of, or related to, this Realty Agreement shall be obtained and provided for by the Selectee(s), at its sole cost and expense.

i) Any preparation of the Property to make it suitable for the Selectee’s operation such as deforesting, stump removal, grading, and erosion control shall be obtained and provided for by the Selectee(s), at its sole cost and expense.

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

k) The Selectee(s) have full responsibility to find and execute an agreement with the local utility for an appropriate point of transmission-level interconnection. This RFQ does not require or otherwise obligate the DOE to purchase any service or product from or of the Project.

l) At the present time there are no known Realty Agreement expenditures related to this Project.

In the event that Realty Agreement expenditures are later identified, they will be determined by the Government, prior to the execution of the Realty Agreement. Any requirement for any payment or obligation of funds by DOE pursuant to the Realty 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 Realty Agreement.

m) Upon the expiration or earlier termination of the Realty 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 Property to the Government in the condition it existed on the date the Realty Agreement was executed, unless the Government, at its sole discretion and subject to applicable law, elects to retain all or a portion of the Realty Agreement improvements located on the Property, without compensation to the Selectee(s). 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 Realty Agreement was executed.

n) As this RFQ and Realty Agreement are structured, DOE may complete NEPA and then execute a

Realty Agreement, or DOE may execute a conditional Realty Agreement that is contingent on the completion of NEPA (including 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. If, after completion of NEPA, DOE decides not to proceed with the Project, the

Realty Agreement will be terminated. In compliance with the NEPA requirements and in order to ensure the integrity of the NEPA process, the Realty Agreement will permit, prior to the completion of NEPA, only those activities that would be allowable interim actions under NEPA (40 CFR

1056.1). Specifically, “no actions concerning the proposal may be taken that would: (1) Have an adverse environmental impact; or (2) Limit the choice of reasonable alternatives.” (40 CFR

1506.1(a). 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 Realty 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 interim actions. Examples of typically permissible 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 permissible interim actions include construction of facilities or activities that are surface disturbing or involve exploitation of resources. DOE’s NEPA analysis will be conducted pursuant to the Council on Environmental Quality (CEQ) NEPA regulations at 40 CFR parts 1500 et. seq., and the DOE NEPA implementing regulations at 10 CFR part 1021. Further, DOE will not commit resources to activities that prejudice its selection of alternatives before making a final decision (40 CFR 1502.2 (f)).

3.2 FINANCIAL REQUIREMENTS

a) The Qualified Offeror(s) must provide the Government documented evidence demonstrating that the Qualified Offeror(s) has or will have all funds/financing necessary to accomplish and complete planning, design, permitting, and construction of the energy generation and/or energy storage facility on or before the date of Realty 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 Qualified Offeror(s)shall not cross-collateralize or cross-default the Realty 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 Realty 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 will be arranging tax equity financing for the Project, the

Selectee 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) The Government may 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 Realty

Agreement was executed, upon the expiration or termination of the Realty Agreement.

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

3.3 DEVELOPMENT AND USE REQUIREMENTS

a) 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.

b) The Project shall be viable without any commitment or contribution, monetary or otherwise, from the Government.

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

d) Development and construction on the Property will be subject to DOE security requirements.

e) Relocation of existing improvements on the Property, if any, shall be at the Selectee’s sole cost and expense and will be subject to Government’s consent and approval, which may be conditioned or denied.

f) The Selectee(s) shall, at its sole cost and expense, erect a fence or boundary demarcation around the perimeter of the Property, as deemed necessary by the Government and of a type and kind approved by the Government.

g) Selectee(s) is responsible for preventing where possible, minimizing, and repairing soil erosion during the term of facility operation. Further, Selectee must restore areas of erosion resulting from the construction of improvements on the Property and the adjacent land impacted by the erosion.

h) Prior to the commencement of any construction, the Selectee(s) shall deliver to the Government payment or decommissioning bond in amounts and subject to conditions deemed acceptable to the Government.

i) All uses and activities on the Property shall be in compliance with all applicable Federal, State and local laws, rules, regulations, and ordinances.

j) The Property shall not be used or permitted to be used in any way or for any purpose except as expressly permitted by the Government and set forth in the Realty Agreement.

k) The following uses and activities are prohibited on the Property due to security and operational incompatibility:

i) Any use or activity that adversely affects the health or safety of the Project development workforce, community or the Government, and its mission execution workforce.

ii) Structures, activities, and operations that adversely affect site security.

iii) Any use or activity that is incompatible with environmental, operational or land use constraints.

4.0 INSTRUCTIONS TO OFFEROR(S)

4.1 GENERAL

a) This RFQ is not for an acquisition of goods, services or facilities for DOE consumption/use and as such, is not governed by the Federal Acquisition Regulation (FAR). This RFQ supports a real estate transaction granting temporary use of DOE controlled property. DOE is opting to solicit responses to this RFQ to inform a decision on granting one or more Realty Agreements on this Property, but DOE retains its right to grant use of this Property in any manner it deems appropriate, consistent with applicable laws and regulations.).

b) In no event shall this RFQ or any agreement arising as a result of this RFQ require or otherwise obligate the DOE to purchase any service or product from or of the Project. The Government makes no representations regarding the Offeror’s ability to secure an agreement(s) for sale and purchase of the services or products arising directly or indirectly from the Project, Realty

Agreement, or the Property.

c) Responses to comments and questions were considered in development of the Final RFQ. All information concerning the Final RFQ, including generalized responses to questions from prospective Offeror, will be available to all other prospective Offerors. If the information is necessary in submitting offers, or if the lack of it would be prejudicial to any other prospective

Offerors, the information will be provided in response to comments or may be furnished as an amendment to the RFQ.

d) After the receipt and evaluation of acceptable responses to this RFQ, the Qualified Offeror(s) and the Government may negotiate the terms, conditions, agreements, plans, and schedules, etc. to effectively implement the Qualified Offeror’s proposed development, use, management and operation of the Property in a manner that is acceptable to the Government. Selected

Qualified Offeror(s) and unselected Offeror(s) may ask for a debriefing from the Government selection team.

e) While the Government intends to enter into a Realty Agreement with one or more Qualified

Offeror(s), it is under no obligation to do so and reserves the right to cancel this RFQ and reject all submissions at its sole discretion. The Government reserves the right to suspend and/or amend all provisions of the RFQ and to waive informalities and minor irregularities in offers received where it is in the Government’s best interest to do so.

f) By participating in the RFQ process, Offerors agree to indemnify and hold harmless the United

States, its officers, employees, and consultants from all claims, liabilities, and costs related to this RFQ. Under no circumstances will the Government be liable for any real estate brokerage commissions, finder’s fees, or other forms of compensation related in any way to activities undertaken by any person as a result of this RFQ. This includes any and all activities related to negotiations with the Qualified Offeror(s).

g) Offeror (s) shall be responsible, at its own expense, for all costs associated with its proposal, including but not limited to, preparation costs.

h) This RFQ may be amended by formal written amendment. If this RFQ is amended, then all terms and conditions that are not amended remain unchanged.

i) The RFQ response/proposal shall contain the Offeror’s best terms and be complete in accordance with this RFQ. The Government may, at its sole discretion, conduct discussions with one or all Offeror(s), at any time, and for any reason, to clarify information in the submittal, typically through evaluation notices (ENs) after Offeror(s) submissions and prior to selection of a

Qualified Offeror(s). Any EN responses become part of the Offeror(‘s) submission and will be considered by the Government in making its Qualified Offeror(s) selection.

j) Offerors shall comply with the DOE Mandatory Clauses attached as Appendix C (the “DOE Mandatory Clauses”) hereto and incorporated herein by this reference, if required based on the specific project, terms, and conditions negotiated. Compliance with these clauses shall be required during the term of the Realty Agreement.

k) Proposals that fail to furnish required information or that fail to fulfill any of the required terms and conditions of this RFQ may be rejected by the Government. Any Offeror whose proposal is rejected for being incomplete may be notified by the Government of the material deficiencies in its proposal. Proposals that are rejected will not be evaluated by the Government.

l) Offerors shall submit a signed cover letter as shown in Appendix D (the “Offeror’s Cover Page”) attached hereto and incorporated herein by this reference. Each proposal must contain the name and mailing address of the Offeror and be properly executed. A proposal executed by an attorney or agent on behalf of the Offeror shall be accompanied by two authenticated copies of the power of attorney or other evidence of agency or authority to act on behalf of the Offeror.

If the Offeror is a corporation, a corporate officer authorized to bind the corporation must execute the Offeror’s Cover Page and provide a corporate certificate or resolution evidencing that corporate officer’s authority to submit a proposal to enter into a Realty Agreement for the

Property in response to this RFQ. If the Offeror is a Partnership, Limited Liability Company or any other entity, the Offeror must provide evidence that the party signing the Offeror’s Cover page has the authority to sign or bind the entity.

4.2 RESTRICTION ON DISCLOSURE AND USE OF DATA

a) Offeror(s) should not include trade secrets or business-sensitive, proprietary, or otherwise confidential information in their qualifications unless such information is necessary to convey an understanding of the proposed Project or to comply with a requirement in the response to the

RFQ. Applicants are advised to not include any critically sensitive proprietary detail. All submitted responses are subject to 5 U.S.C. § 552, the Freedom of Information Act (FOIA), and may be released publicly.

b) Offerors who choose to submit trade secrets or business-sensitive, proprietary, or otherwise confidential information, must provide two copies of the submission. The first copy should be marked “non-confidential,” with the information believed to be confidential deleted. The second copy should be marked “confidential” and must clearly and conspicuously identify the trade secrets or business-sensitive, proprietary, or otherwise confidential information and must be marked as described below. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. Failure to comply with these marking requirements may result in the disclosure of the unmarked information under FOIA or other applicable laws. The federal government is not liable for the disclosure or use of unmarked information and may use or disclose such information for any purpose as authorized by law.

c) Offerors who include in their proposals data that they do not want disclosed to the public for any purpose or used by the Government except for evaluation purposes, shall mark the title page with the following legend: “This proposal includes data that shall not be disclosed outside the

Government and its representatives and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal.” Mark each page of restricted data with the following legend “Use or disclosure of data contained on this page is subject to the restriction on the title page of this proposal.”

d) If, however, a Realty Agreement will be signed with a Qualified Offeror as a result of or in connection with the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting Realty Agreement or as needed for environmental documentation or as required under the Freedom of Information Act. Offerors should be aware, however, that the Government may share financial information with

Congressional committees, if requested by the committees as part of their oversight function.

4.3 SUBMISSION OF RESPONSES

a) Offerors shall submit responses, proposals, and information in response to this RFQ via e-mail directly to SRSCleanEnergy@srs.gov no later than 5pm EST on April 19, 2024 (the “RFQ Response Due Date”).

b) Submitted responses, proposals and information shall correspond with the Sections, Factors, and Subfactors listed in Table 1 and further described in Sections 4.4 through 4.7. Submitted responses are limited to 60 total pages (single side, 8.5 x 11-inch page and standard 12 point font) using Microsoft Word and/or Adobe Systems Portable Document Format (PDF). Pages mailto:SRSCleanEnergy@srs.gov exceeding this limit will not be accepted, reviewed, or evaluated. Financial documents and statements as well as completed past performance forms (Appendix F) do not count towards the total page or PDF limit.

Table 1 - Consideration Factors

Factor Section Factor Description 1 4.4.1 Project Description 2 4.4.2 Project Plan 3 4.4.3 Return to the Government 4 4.4.4 Organizational Structure and Experience 5 4.4.5 Financial Capability

c) The Government may provide information and visuals (anticipated to be drone footage) of the subject property to allow interested Offerors an opportunity to view the Property.

d) Offerors should be aware and consider within their proposal that the Selection Official may also consider program policy factors, as addressed in Section 5.1.1, in determining which proposal(s) to select for subsequent negotiations. Offerors should include specific information regarding which, if any, of the program policy factors their proposal fulfills for consideration by the Selection Official

4.4 FACTORS FOR CONSIDERATION

4.4.1 Project Description

Offerors shall submit a narrative, with supporting figures and schematics, as needed, describing and illustrating the sites within the available Property that are preferred including the desired portion and acreage, the proposed solar system sizes and types (including expected annual MWh generation), site considerations relative to panel orientation and transmission facilities, system components and ancillary equipment.

4.4.2 Project Plan

a) Offerors shall submit a narrative describing their proposed Project Plan for development and construction that describes critical milestones and when those milestones must be reached for the Project to be fully operational by 2030 including but not limited to interconnection application, Power Purchase Plan negotiations, NEPA/NHPA Completion, final design, permitting, financing, Realty Agreement closing, start/completion of construction, interconnection, and start of commercial operation and decommissioning of the Project. This narrative shall demonstrate compliance with Realty Agreement Objectives described in Section 1 and with the General

Realty Agreement Requirements outlined in Section 3, and shall also include at least the following:

i) Description of the anticipated leases, easements, agreements, etc. needed to develop and operate the proposed development.

ii) List of all anticipated regulations, permits, approvals, codes, standards, and specifications will be critical to the development, construction, and operational performance of the proposed facilities.

iii) A conceptual environmental management plan that addresses regulatory requirements.

iv) Plan to work with Dominion Energy South Carolina, South Carolina Public Service

Commission, and any other federal, state and local governments obtain necessary regulatory approvals and licensing.

v) Narrative and conceptual drawing of where you anticipate locating interconnection between the solar facility and power grid including and what, if any, additional SRS land would be required to establish the Right-of-Way for transmission assets.

vi) A conceptual line drawing of the solar facility site indicating approximate location of all proposed improvements.

vii) Description of the quality systems (e.g., ISO9000, NQA-1, etc.) employed to ensure processes for design, permitting, financing, construction, and operation of the Project are followed and when issues arise, root causes are identified, and irreversible corrective actions are implemented.

viii) Description of the Project impact(s), if any, on surrounding communities, local government, and governmental authorities.

ix) Description of environmental considerations to include responses to the following questions:

1. Would any of the following have the potential to be impacted (directly or indirectly) by the proposed Project? If “yes”, provide a detailed description of (1) the resources that could be affected, and (2) how Project activities may affect those resources (including potential direct, indirect, and cumulative [visual, noise, etc.] impacts).

I. Tribal lands or resources of Tribal interest and/or sensitivity.

II. Threatened or endangered species (whether proposed or listed by state or Federal governments), including their habitat.

III. Wetlands

IV. Air quality (indoor and/or outdoor), to include greenhouse gas emissions as well as other air pollutants (such as criteria pollutants or hazardous air pollutants)

V. Historic, archeological, or cultural resources (including listed and eligible resources or of cultural significance)

VI. Please describe any environmental considerations and/or mitigation strategies that have been incorporated into the proposed Project (e.g., measures to protect or reduce impacts to cultural resources, historic properties, state or federally protected species, wetlands, floodplains, and/or minimize pollution, etc.)

x) A Property security and site access management plan; and

xi) Decommissioning/restoration plans including re-use and/or recycling plans.

4.4.3 Return to the Government

a) Offerors shall document their proposed consideration to be provided to the Government in exchange for the Realty Agreement interest in the Property. The proposed consideration addresses objectives set forth in Section 1.0.e and will be only in the form of cash consideration. Consideration should be specified for the three Project periods: development, construction, and operation.

b) DOE’s goal is primarily to develop solar power generation on this land. Potential Offerors may want to consider energy storage in a way that strengthens the surrounding, communities, and small businesses as an option. Offerors should describe how their proposal and/or teaming arrangements provide meaningful and/or substantial involvement of and/or benefits to one or more of these groups.

c) Offerors shall retire Project-generated Energy Attribute Certificates (EACs)1 on behalf of SRS on an annual basis in accordance with the direction on retired EACs in the “DOE Mandatory

Clauses” document in Appendix C.

4.4.4 Organizational Structure and Experience

a) The Offeror(s) shall provide a narrative detailing its corporate organizational structure, including legal form of ownership and management. If the Offeror is teaming with one or more business organizations for any portion of the Project, then it shall provide a narrative detailing:

i) What each team member is responsible for performing.

ii) The extent to which the team has worked together in the past.

iii) Legal form of ownership and management of each team member.

iv) (If it is a team member other than the Offeror) expressly identify the team member organization that will be accountable and responsible for Project financing, development, construction, performance, operation, management, and sustainment. Identify the key management personnel and legal counsel designated and authorized to represent the

1 Renewable Energy Certificates (RECs) are a type of Energy Attribute Certificate (EAC).

Offeror in all negotiations with the Government, and throughout the transaction execution and financial closing process.

b) Utilizing Appendix E (Past Performance Reference Information Form) provide requested information of the most recent and relevant work completed or in progress by the Offeror of projects that are similar to the Offeror’s proposed Project (no more than three projects, completed form limited to three pages per reference project, completed past performance forms will be excluded from the 60-page proposal limit). The submittal shall provide details explaining the financing; design; construction; management; and operation of those projects and specifically state how the Offeror accomplished them directly or if they were accomplished by another party, list the name of said other party. The submittal shall also include information describing the location, cost, project capacity, schedule, safety performance, and off-take agreements. If similar projects are not within the past 5 years, provide safety performance statistics for the company for the past 5 years. For the purposes of this factor, “relevant work” means work of scope, magnitude and complexity that are similar to the Offeror’s proposed Project.

4.4.5 Financial Capability

b) The Offeror(s) shall provide evidence of bonding capacity to fulfill the decommissioning bonding requirement and show how the bond amount(s) are derived. In the event that an alternative to bonding is being proposed, provide information on the alternative and explain how it better protects the Government’s interests versus a surety bond.

c) Provide evidence of sufficient funds or financing to support the proposed Realty Agreement and Project, including permitting, engineering, design, construction, and operation and maintenance of the Project throughout the proposed term of the Realty Agreement. This could include, but is not limited to, a corporate parent guarantee, letter of credit facility or similar documentation.

d) Provide Financial Statements complete with notes and accompanied by an auditor’s assertion of accuracy or reviewed by Certified Public Accountant for the most recent two years, and other documentation, including that of any equity contributors, to demonstrate the Offeror’s financial strength. Financial statements must have been audited in accordance with Generally Accepted

Accounting Principles.

e) If any financial statements and submitted information note any litigation, disputes, claims, Unified Commercial Code (UCC) filings or similar circumstances, the Offeror(s) shall provide the status of each matter in full detail.

5.0 BASIS OF QUALIFIED OFFEROR SELECTION

5.1 SELECTION PROCESS

a) Factors 1, 2, 3, 4 and 5 will be assigned adjectival evaluation ratings. The Government will rank and select the Offeror(s) and proposal(s) that provide the combined highest performance expectations and confidence to the Government based upon an integrated and cumulative assessment of all the consideration factors and sub-factors listed in Table 1 of Section 4 above;

Factor 1 (Project Description), Factor 2 (Project Plan) Factor 3 (Return to the Government), Factor 4 (Capability and Experience), and Factor 5 (Financial Capability). Additional consideration may be given to Offerors with high rankings in Factors 1, 2 and 4. The Selection

Official may also consider factors described below in determining which proposal to select for subsequent negotiations.

b) To promote an efficient competition and to avoid the unnecessary expenditure of resources by

Offerors, the Government reserves the right (in its sole and absolute discretion) to establish a competitive range at any point in the evaluation process and to remove from the competitive range any Offeror whose proposal, in the judgment of the Government, stands no reasonable likelihood of being selected as a Qualified Offeror.

c) The Selection Official may also consider the following program policy factors in determining which proposal to select for subsequent negotiations:

i. The degree to which the proposed Project supports disadvantaged communities.

ii. The degree to which the proposed Project is likely to lead to increased high-quality employment in the Central Savannah River Area.

iii. The degree to which the proposed Project incorporates applicant or team members from regional institutions of higher education; and partnerships with locally-based Small and

Disadvantaged Businesses, Minority Business Enterprises, Minority Owned Businesses, Woman Owned Businesses, Veteran Owned Businesses, or Tribal nations.

iv. The degree to which the proposed Project incorporates some form of community and/or tribal ownership.

v. The degree to which the proposed Project supports America’s clean energy industry development (inclusive of the use of American made products) and supports the Sites sustainability goals through the retirement of Project-specific EAC’s.

vi. Environmental considerations and/or ecological impacts related to the proposed Project.

5.1.1 Project Description

The Government will evaluate the Offeror’s submitted Project description, expected annual MWh generation, and land area requested. The technical and conceptual narrative and submitted information will be evaluated for clarity, feasibility, and compliance with the requirements of this RFQ, the Realty Agreement Objectives listed in Section 1, the General Realty Agreement Requirements in

Section 3, and any applicable requirements, authorities, and constraints. The proposed technology and Project description will be evaluated for an understanding of the Realty Agreement process, probability of realizing Project expectations and compliance with the enabling statute and Applicable

Laws. Additional consideration will be given to projects with higher CFE production output given the characteristics of the site and market conditions.

5.1.2 Project Plan

a) The Government will evaluate the Offeror’s submitted narrative describing their plan for development, construction, interconnection (transmission), operation, and decommissioning for the proposed Project, inclusive of descriptions and plans for real estate agreements, interconnection, transmission availability, regulatory compliance (e.g., NEPA and National

Historic Preservation Act (NHPA)), permitting, milestone schedule, site improvements, utilities, environmental, quality, property management, operations and maintenance, safety, emergency services, and security. The submitted narrative and information will be evaluated for reasonableness, understanding of the Realty Agreement objectives, clarity, feasibility, and compliance with the requirements of this RFQ, and will be evaluated for compatibility with mission operations and potential risks, and Government’s assessment of best use of the

Property, also considering Project impact(s) on the surrounding communities, local government, and governmental authorities.

b) The Government will evaluate the Offeror’s recommended agreements and business arrangements with the Government to assess the level of confidence in achieving a timely

Realty Agreement execution, and Project completion.

c) The Government will evaluate the proposed integrated Project plan and schedule for recognition and consideration of major milestones, duration of critical activities, and overall demonstration and understanding needed to execute and sustain the proposed Project.

d) The Government will evaluate the inclusion and sequencing of financing and off-take agreements needed for development, construction, and operation of the Project for reasonableness.

e) The Government will evaluate the Offeror’s proposed approach to interact with Government and other stakeholders and assess the level of confidence in commencing and efficiently executing the Project.

5.1.3 Return to the Government

The Government will evaluate the Offeror’s proposed rental consideration for the three Realty

Agreement periods: development, construction, and initial operations. The Government will also evaluate the reasonableness of the supporting analysis provided.

5.1.4 Capability and Experience

a) The Government will evaluate the Offeror’s proposed management, organization, and qualifications to develop, construct and operate a successful, long-term project, including mutually beneficial relationship with the Government within the constraints and requirements of the RFQ. The Government will review the submitted recent and relevant projects for similarity to Offeror’s proposed plan and Realty Agreement processes and assess the level of confidence in the Offeror’s plan and demonstrated experience performing similar projects.

b) The Government will evaluate whether Offeror’s submitted response clearly demonstrates both an understanding of what efforts are required to deliver a utility scale solar generation facility in general and more specifically delivering a facility in a regulated monopoly energy market structure such as exists in South Carolina and/or delivering a facility located on leased property owned by a Federal, state, or local government entity.