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On September 23, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force, issued its final round of awards under the multi-award task order contract for renewable and alternative energy issued last summer (Solicitation Number W912DY-11-R-0036, the “MATOC”). The Army received 52 proposals in the…

On August 28, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force (“EITF”), issued a second round of awards under the multi-award task order contract for renewable and alternative energy that hit the streets last summer (Solicitation Number W912DY-11-R-0036, the “MATOC”). The number of awards is somewhat surprising, however, given the Army’s early-stated desire to qualify as many applicants as possible in each technology category. In total, there were 114 proposals submitted for the solar technology segment of the MATOC, but only twenty-two (22) Indefinite Delivery/Indefinite Quantity (“ID/IQ”) contracts were issued yesterday. Thus, the Army rejected more than 80% of the applicants. Of the awards the Army did make, only six (6) were to small businesses (as defined in the solicitation). …

Continue Reading Army Pre-Qualifies Solar Developers Under MATOC

On April 1, 2013, the Army Energy Initiatives Task Force (“EITF”) and the U.S. Army Mission and Installation Contracting Command at Fort Sam Houston in Texas published a template Renewable Energy Service Agreement Performance Work Statement (the “PWS”) for comment by interested stakeholders. 

The proposed scope of the PWS is broad, covering everything from insurance…

On February 12, 2013, the U.S. Army Contracting Command announced that the Army Energy Initiatives Task Force ("EITF") is developing a standardized Utility Service Contract Performance Work Statement ("PWS") to be used for contracts executed under its long-term power procurement authority (10 U.S.C. 2922a).  The intent is to have a PWS that is clear and understandable to both the…

On August 22, 2012, the U.S. Army Engineering & Support Center in Huntsville, AL held a pre-proposal conference to discuss the final multi-award task order contract that was issued on August 7, 2012 (the “Final RFP” or “MATOC”).  My colleague, Lane Tucker, and I attended to hear the Army’s presentations and to engage directly with renewable energy developers, consultants, seasoned government contractors, large energy service contractors (ESCOs), and others. The conference provided attendees a great opportunity to explore the field of potential contractors and subcontractors and start (or continue) conversations about potential teaming arrangements that could result in both a MATOC award and one or more base task order awards. 

For those who could not attend, fear not; all of the presentation materials will soon be available on the Army EITF website and the Huntsville team will post all of the questions presented, along with the Army’s formal responses, to the ProjNet website. Also important is that Tonju Butler, the Procuring Contracting Officer, indicated that the deadline for questions on the Final RFP would be extended from today until September 7, 2012, so that individuals and teams can have additional time to formulate and posit questions that may be important to their proposals.  However, that change has not yet been posted to the FedBizOpps website as an amendment.  It is too early to tell whether this extension foreshadows an extension of the October 5, 2012 proposal deadline. Right now, the Army is holding firm to that date, so individuals and teams that intend to respond should plan accordingly. Keep an eye out for other amendments to the Final RFP, too. Conference attendees were assured that more would be forthcoming to clarify small technical issues and, hopefully, to flush out the structure for proposing prices. All amendments will be posted to the FedBizOpps website for the MATOC.

Here are a few takeaways and a short discussion about some important issues. Be sure to check the Q&A on the ProjNet website for any official responses from the Army on these topics. …

Continue Reading Army Holds Pre-Proposal Conference in Huntsville on Renewable Energy Procurement

On February 24, 2012, the U.S. Army Engineering & Support Center issued a draft request for proposals for renewable and alternative energy (the “Draft RFP”). Since posting our initial blog and Energy Law Alert, we have received a number of inquiries about the details of the solicitation. Below are answers to some of the most frequently asked questions.

Before we get to the questions, however, we wanted to remind everyone of the Climate Solutions event entitled “Mission Critical: Clean Energy and the U.S. Military” that will be held at 600 University Street in Seattle from 4:30 to 6:30 p.m. tomorrow. The event will be hosted by David Benson, an energy and clean tech partner in our Seattle office. We look forward to seeing you there.

Q1:      Is this the actual RFP?

            A1:      No. It is only a draft. The Draft RFP can be found here. The Army is accepting comments until March 21, 2012. Comments can be submitted via the ProjNet website here.

Q2:      When will the Army issue the final RFP and what form will it take?

            A2:      The Draft RFP does not set a date for release of the final RFP, which will take the form of a Multi-Award Task Order Contract (the “MATOC/Final RFP”). For those unfamiliar with the MATOC process, it is very important to understand four fundamental things: (1) the MATOC will not likely offer the opportunity to bid on any specific project (i.e., a “seed project”) because the Draft RFP covers multiple technologies, (2) the Army will grant multiple awards under the MATOC, (3) awards granted under the MATOC give awardees the right to bid on individual Task Order contracts issued by specific facilities for specific projects (e.g., a Task Order for a 10 MW solar PV project at Joint Base Lewis-McChord in Washington), (4) parties that are not awardees in the MATOC process may not bid on these Task Orders. Thus, a developer must be an awardee under the MATOC/Final RFP in order to have the right to bid on individual project development opportunities. Before issuing the MATOC/Final RFP, the Army will need to complete its review of all of the comments that it receives by the March 21 deadline. At some point after the MATOC/Final RFP is published, the Army will host a pre-proposal conference in Huntsville, Alabama where participants will hear presentations regarding the program, the scope of work, contractual considerations, and small-business considerations. 

Q3:      Is the Department of Defense really mandated to procure 25% of its electricity from renewable resources by 2025?…

Continue Reading FAQ on Army’s $7 Billion Draft RFP for Renewable Energy

The Army Corps of Engineers (the “Corps”) is seeking comments on a new proposed nationwide permit (“NWP”) for offshore wind and hydrokinetic pilot projects.  In its February 16, 2011 Proposal to Reissue and Modify Nationwide Permits, the Corps described a new NWP for “Water-Based Renewable Energy Pilot Projects” that could give developers a reprieve from obtaining permits under § 10 of the Rivers and Harbors Act and § 404 of the Clean Water Act for the “construction, expansion, or modification of water-based wind or hydrokinetic pilot projects and their attendant features.”  …

Continue Reading Army Corps Proposes New Nationwide Permit for Offshore Wind and Hydrokinetic Pilot Projects