Lease for Mineral EUL at Fort Drum

The Department of the Army (“DA”) is issuing this Request for Proposals (“RFP” or “Solicitation”) to solicit competitive proposals from private, public and/or not-for-profit entities interested in leasing up to approximately 25 acres non-excess DA land referred to as Parcel 1 (“the Property”) under a long-term lease agreement (“Enhanced Use Lease” or “EUL”) at Fort Drum (“Installation”). The EUL that would result from this RFP would be for the purpose of the selected Offeror designing, financing, permitting, developing, constructing, installing, owning, maintaining, operating, securing, and decommissioning a mineral processing facility (“Project”). Prior to expiration of the EUL, Lessee will be required to restore the Property to the condition it was in prior to execution of the EUL.

Pursuant to its leasing authority codified at 10 U.S.C. § 2667 and provided as Attachment A, DA intends to execute an EUL with a selected Offeror (“Lessee”) for a term of fifty (50) years. DA may consider an option to renew the EUL for an additional period of time following expiration of the initial fifty (50) year term if proposed by the Offeror in its Proposal and as further described in Section 6.1.a. Consideration to be paid by the Lessee for the EUL will be in-kind, cash, or a combination thereof in an amount not less than the fair market value of the lease interest as determined by an appraisal to be completed by DA.

The Lessee under the EUL will, in part (subject to the terms and conditions of the EUL), be authorized and responsible for financing, designing, developing, operating, securing, and maintaining the Project and shall be responsible for complying with all applicable federal, state and local laws, codes, ordinances and regulations, including building codes, as they may be amended from time to time. The Project shall be viable without any commitment or contribution, monetary or otherwise, from DA. DA envisions that development of the Project will entail a well-planned and coordinated endeavor to utilize the Property in a manner that will not conflict with adjacent Installation ongoing mission-related activities or the surrounding community.

Offerors may propose a Project on all or a portion of the Property at the Installation. Offerors may submit proposals to develop a single tract or multiple tracts. Proposals must clearly identify the portion(s) and associated acreage(s) of the Property proposed for lease by the Offeror.

This RFP may be amended or supplemented, and all such amendments and supplements shall be considered part of this RFP (and references to the RFP shall include all amendments and supplements, unless otherwise specified). To receive any amendments or supplements to this RFP, Offerors will be required to refer to the RFP posting on sam.gov.

DA reserves the right, at any time, without notice, at its sole and absolute discretion, to (a) modify, update, supplement, revise, suspend, or waive any terms and conditions of this RFP; (b) independently waive any deficiency or irregularity in any proposal submitted where it is in the Government’s best interest to do so; (c) reject any or all proposals at any time prior to award; (d) extend any deadline set forth in this RFP; (e) cancel the RFP process, in whole or in part; (f) make an award as a result of initial proposals submitted; (g) discuss any submission with the Offeror that submitted it and require the submission of additional information regarding any aspect of the Offeror’s proposal; (h) make award to an Offeror who submits a proposal that is not the proposal that would provide DA with the highest value in terms of consideration to be paid under the EUL; and (i) initiate further discussions or negotiations directly with the Offeror (after DA selects it for award), if DA believes that the amount of consideration offered for the EUL in the Offeror’s proposal warrants further refinement or enhancement.

DA’s objective for this RFP and the Project is to maximize the financial return to DA through the lease of non-excess available land on the Installations. In leasing the Property, DA will capitalize their value.