Amendment to U.S. Army's RFP Related to its Renewable Energy Program

This post was written by Amy Koch and Lorraine Campos

On the blog, we’ve discussed the U.S. Army's Engineering and Support Center’s (USACE) recent request for proposals that were issued for large-scale renewable projects related to $7 billion in renewable energy contracts over the next 10 years. The USACE recently issued its fifth amendment to the request for proposals for the Army Energy Initiatives Task Force Multiple Award Task Order Contract (MATOC) solicitation. In this Reed Smith Client Alert, we discuss the amendment, including the revised pricing criteria, the clarification of some aspects of small business participation and several changes to the bid preparation requirements.

U.S. Department of Defense's Renewable Energy Programs Moving Forward

This post was written by Amy Koch, Lorraine Campos, Stephanie Giese and Leslie Monahan

While August is generally quiet in Washington, D.C., so far this month, the U.S. Department of Defense (DOD) has made progress on two on-going efforts to secure power from renewable energy facilities, and has initiated a third. In this Reed Smith client alert, we discuss developments related to the following:

  • The U.S. Army's recent request for proposals that was issued for large-scale renewable projects related to $7 billion in renewable energy contracts over the next 10 years;
  • DOD and the Department of the Interior's (DOI) agreement that requires the agencies to hold an offshore wind military/industry forum before October 1, 2012, to initiate the sharing of information regarding the advancement of offshore wind development; and
  • The U.S Army's "sources-sought" notice for multimillion-dollar energy saving performance contracts.

White Paper: We have prepared a white paper on the RFP; if you would like a copy please contact Amy Koch at akoch@reedsmith.com.

U.S. Army Looking for $7 Billion in Renewable Energy Over the Next 10 Years

This post was written by Amy Koch and Lorraine Campos

The U.S. Army began its long-awaited process for signing up to $7 billion in renewable energy power purchase agreements (PPAs) over the next ten years. On February 24, 2012, the Army Energy Initiatives Task Force (AEITF) issued a notice seeking comment on a draft request for proposals (Draft RFP). The Draft RFP sets out the AEITF’s proposed process for signing 30-year power PPA or "equivalent contracts" for projects located at Army installations and on non-installation property. This program could present an excellent opportunity for renewable energy developers -- provided they can meet the Department of Defense's government contracting rules. That's where we come in. Reed Smith has both the energy development and government contracts expertise to assist potential renewable energy bidders in the AEITF process.

You can find more details in our client alert and feel free to contact us for additional information.

New Federal Interim Rule Requires Changes To Bring About More Green Contracting

This post was written by Lorraine Campos and Amy Koch.

Coming soon: Most of the U.S. government's future acquisitions will have to be green and environmentally sustainable. In this Reed Smith alert, we discuss a recently issued interim rule (PDF) that would require federal agencies to conduct their environmental, transportation, and energy-related activities in an environmentally, economically, integrated, efficient, and sustainable manner. The interim rule would seek to lower greenhouse gas emissions from sources owned or controlled by federal agencies and otherwise promote the creation of a "clean energy economy." In addition, the interim rule would require federal agencies to leverage agency acquisitions to foster markets for sustainable technologies, materials, products, and services by ensuring that 95 percent of new contract actions, including task and delivery orders, for products and services are energy-efficient, water-efficient, biobased, environmentally preferable, non-ozone depleting, contain recycled content, or are non-toxic or less-toxic alternatives. Federal agencies are also required to implement high-performance sustainable building design, construction, renovation, repair, commissioning, operation and maintenance, management, and deconstruction practices. On May 31, 2011, the U.S. Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration issued this interim rule amending the Federal Acquisition Regulation (FAR) by implementing Executive Orders 13514 and 13423.

The interim rule (PDF) should further open up opportunities for contractors with sustainable technologies, materials, products, and services to sell to federal agencies. Contractors with strong views on these FAR changes should prepare comments and submit them prior to August 1, 2011, to ensure that their views are considered. Reed Smith attorneys, including the authors of this post and more detailed alert, are tracking changes to the FAR as they evolve.