DRAFT SOLICITATION Defense Energy Consortium (DECo) Consortium Management Organization (CMO)

Solicitation / RFP / RFQ

This Request for Solution (RFS) seeks to select a Consortium Management Organization (CMO) to establish the Defense Energy Consortium (DECo). DECo is a public-private partnership focused on enhancing energy resilience and mission assurance at Department of Defense (DoD) installations worldwide. The primary goal is to leverage private capital to finance potential projects, addressing the DoD's mandate to achieve 99.9% energy resilience by 2030. This initiative aims to overcome challenges in rapidly and cost-effectively deploying innovative energy resilience technologies and business models at scale.

The selected CMO will be responsible for:

• Establishing DECo as a public-private partnership.

• Fully financing potential projects using private capital.

• Building DECo's membership to include financiers, small businesses, non-traditional defense contractors, national laboratories, academia, and energy service companies.

• Negotiating a Consortium Management Agreement (CMA) with the Department of the Air Force (DAF).

• Developing a portfolio of prototype projects relevant to DAF's infrastructure needs and attractive to private investors.

• Obtaining funding commitments from financiers and managing these funds.

• Working with DAF to conduct necessary due diligence and negotiate the CMA.

• This is an Other Transaction Authority (OTA) solicitation.

• The selected CMO will not be guaranteed appropriated funding; projects will be financed by private capital.

• The DAF will competitively issue, down select, and award prototype agreements to the CMO.

Proposals must be submitted in separate sections covering:

• CMO Management and Business Process

• Developing a Portfolio of Prototype Projects

• Obtaining Funding Commitments

• Building DECo's Membership

• Negotiating the DECo CMA

• Relevant Experience Proposals will be evaluated based on the clarity, efficiency, and effectiveness of the proposed approach for each section, with specific discriminators outlined for each evaluation factor.

• The solicitation encourages engagement with innovative, non-traditional defense contractors.

• The CMO must ensure it does not unnecessarily exclude or burden innovative companies and non-traditional defense contractors from becoming members.

• The RFS references three attachments: DECo Authorities and Funding Opportunities, DECo Technology Areas, and Consortium Management Agreement Terms and Conditions.

• Proposals must be valid for 180 days after submission.

• Questions concerning the RFP should be submitted via email to Mr. Brock T. Moon and Mr. Nicholas Kimmey.

Form / Attachment / Pricing Sheet

This document, "DECo Authorities and Funding Opportunities," provides a list of federal authorities and statutes that authorize the Department of the Air Force (DAF) to procure energy commodities and services. It is intended for informational purposes to help contractors understand potential avenues for follow-on production contracts.

• Lists specific U.S. Code sections (e.g., 10 U.S.C. § 2667, 42 U.S.C. § 8287) and their corresponding descriptions related to energy procurement, leases, utility services, and demand response.
• Provides direct links to the U.S. Code for each authority.
• Includes a note that vendors cannot leverage 10 U.S.C. § 2688 for follow-on production contracts under 10 U.S.C. § 4022(f).

This document is relevant to potential bidders as it outlines the legal and funding frameworks the DAF may utilize for energy-related procurements. Contractors should review these authorities to understand the basis for potential future contracts and ensure their offerings align with the applicable statutes and requirements.

Form / Attachment / Pricing Sheet

This document, "Attachment 3: Consortium Management Agreement Terms and Conditions," outlines mandatory and recommended terms and conditions that will be incorporated into agreements resulting from this Request for Solution (RFS) under the Other Transaction Authority (OTA) managed by the Consortium Management Organization (CMO).

Mandatory Terms and Conditions:

• Security Terms and Conditions:
  • Cybersecurity (cloud & supply chain), including safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS 252.204-7012).
  • NIST SP 800-171 DoD Assessment Requirements (DFARS 252.204-7019, 252.204-7020).
  • Section 889(a)(1)(B) Compliance regarding telecommunications and video surveillance services/equipment (FAR 52.204-24, DFARS 252.204-7016, 252.204-7017, 252.204-7018, FAR 52.204-25, 52.204-26).
  • Prohibition on Kaspersky Lab products/services (FAR 52.204-23).
  • Prohibition on TikTok and ByteDance covered applications (FAR 52.204-27).
  • Prohibition on certain items from Communist Chinese Military Companies (DFARS 252.225-7007).
  • Prohibition regarding Russian fossil fuel and fossil fuel business operations (FY2024 NDAA, DFARS 252.225-7053, 252.225-7054).
• Information Security:
  • DD Form 254 "Contract Security Classification Specification" requirements.
  • Provisions for handling Classified Information and Controlled Unclassified Information (CUI) in accordance with relevant policies (32 CFR Part 117, DoD 5220.22-M, DD Form 441, DoDI 5200.48, NIST SP 800-171).
  • Requirements for National Security Systems.
• Federal Acquisition Supply Chain Security Act (FASCSA) Orders (similar to FAR 52.204-28, 52.204-29, 52.204-30).
• Contractor Counterfeit Electronic Part Detection and Avoidance System (DFARS 246.870, DFARS 252.246-7007, 252.246-7008).
• Physical Property Considerations: Government Furnished Property (GFP) clauses (similar to FAR 52.245-1), including use, loan terms, transportation, inspection, liability, and reporting.

Other Terms and Conditions to Consider:

• Intellectual Property and Technical Data
• Disclosure Considerations (e.g., Freedom of Information Act)
• Patents and Inventions
• Disputes
• Terminations
• Modifications
• Remedies
• Recovery of Funds
• Indemnity
• Export Restrictions
• Limits on Government Obligations
• Flow Down Requirements
• Changes Clause
• Close Out
• Disposition of Prototype/Residual Assets

System for Award Management (SAM) Registration:

• The Consortium Management Organization (CMO) and teaming members must be registered in SAM.gov.
• Offerors must provide their Unique Entity Identifier (UEI) Number.

This document is critical for potential bidders as it details the legal, security, and contractual requirements that will govern any resulting agreement. Understanding these terms is essential for assessing the feasibility and cost of participation, particularly concerning cybersecurity, data handling, prohibited technologies, and property management. Bidders must ensure they can comply with all listed clauses and requirements, including SAM registration and UEI provision.

Form / Attachment / Pricing Sheet

This document, "Attachment 2: DECo Technology Areas," lists and describes various technology areas relevant to the opportunity. It serves to inform potential bidders about the specific types of technologies and solutions the government is interested in.

• Energy Resilience Technologies: Covers a broad range including geothermal, microgrids, advanced energy storage, onsite generation, and advanced modeling tools.
• Extreme Weather Hardening Technologies: Focuses on systems to protect against droughts, floods, and hurricanes to maintain energy resilience.
• Resilient Facility Technologies: Includes cyber-secure building management, energy efficiency, and construction techniques.
• Operational Demonstrations of Energy Resilience Technologies: Involves pre-commercial demonstrations and applications of energy resilience technologies.
• Energy Services Processes Prototypes: Pertains to on-specific process prototypes for the entire energy delivery chain, including infrastructure upgrades and behind-the-meter generation.

Bidders should review these technology areas to determine if their proposed solutions align with the government's stated interests. This attachment helps bidders tailor their proposals to meet the specific technological needs outlined for the opportunity.