Item T08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18, 2009
Bulk Item: Yes No
Division: County Administrator
Staff Contact Person: Natileene Cassel
Contract Number:292-3470
AGENDA ITEM WORDING: Approval to apply for a Federal Grant under the Energy Efficiency
and Conservation Block Grants Program (EECBG), known as the Retrofit Ramp-up & General
Innovation Fund. This item is recommended to the BOCC by the Green Initiative Task Force (GITF).
The grant does not require matching funds.
ITEM BACKGROUND: The GITF voted unanimously at the October 26, 2009 meeting to ask the
BOCC for approval to seek grant funding under the above EECBG Block Grant Program. The GITF
has been advised that staff is available to assist in the writing of the grant. The competition for the
award will be brisk, it is expected that 15 to 60 awards will be made nationwide. The deadline for the
letter of intent is November 19, 2009; deadline for application is December 14, 2009.
PREVIOUS RELEVANT BOCC ACTION: The Green Building Task Force was created in 2008 by
Resolution #177-2008, and amended Resolution #121-2009 changed the mission to recommend to the BOCC
environmentally sound practices and techniques to protect the environment; and changed the name to Green
Initiative Task Force. '
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: approval
TOTAL COST: -0-_
BUDGETED: Yes _No
INDIRECT COST: Staff Time
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:
-0-
SOURCE OF FUNDS: Federal Grant
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty ~MB~UrChaSing _Risk Management _ -
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
FINANCIAL ASSISTANCE
FUNDING OPPORTUNITY ANNOUNCEMENT
U.S. Department of Energy
DOE Environmental Management
Consolidated Business Center (EMCBC), Cincinnati, OH
on behalf of
Office of Energy Efficiency and Renewable Energy
Recovery Act: Energy Efficiency and Conservation Block Grants:
Competitive Solicitation: Retrofit Ramp-up and General Innovation Fund
Programs
Funding Opportunity Announcement Number: DE-FOA-0000148
Announcement Type: Initial
CFDA Number: 81.128 Energy Efficiency and Conservation Block Grant
Program (EECBG)
Issue Date:
V oluntary Letter of Intent Due Date:
Application Due Date:
10/19/2009
11/19/2009
12/14/2009,11:59 PM Eastern Time
REGISTRA TION AND APPLICATION SUBMISSION REQUIREMENTS
Registration Requirements: Allow at least 21 days to complete registrations.
To submit an application under this announcement, complete the following registrations:
A. Obtain a Dun and Bradstreet Data Universal Numbering System (DUNS) number, at
htto://fedgov.dnb.com/webform.
B. Register in the Central Contractor Registration (CCR) system, at httos://www.ccr.gov/.
Designating an E-Business Point of Contact (EBiz POC) and obtaining a special password called
an MPIN are important steps in CCR registration. These items are needed to submit applications
in Grants.goy. Update your CCR registration annually.
C. Register in Grants.goy at http://www.grants.gov/. See the Organization Registration User Guide at
http://www.grants.gov/assets/OrgRegUserGuide.pdf.
The Applicant User Guide is at http://www07.grants.g.ov/assets/ApplicantUserGuide.pdf.
D. Register in FedConnect at httos://www.fedconnect.netf; use "Register as a Vendor" link. To
create an organization account, your organization's CCR MPIN is required.
Where to Download the Application Package:
Download the Application Package for this announcement at htto://www.grants.gov/.Click on the
"Apply for Grants" link; then, click on the "Download a Grant Application Package" link and follow the
instructions. Insert the announcement number to download the Application Package.
Where to Submit the Application Package:
APPLICATIONS MUST BE SUBMITTED THROUGH GRANTS.GOV TO BE CONSIDERED
FOR A WARD. Follow instructions in the User's Guide for application submissions. Applicants are
responsible for verifying successful transmission, prior to the Application due date and time.
Where to Ask Questions About the Funding Opportunity Announcement Content:
To ask questions about the Funding Opportunity Announcement, use FedConnect at
https://www.fedconnect.netf. You must be a registered user in the system and submit questions by
sending messages in your FedConnect email box. Part VII of this announcement explains how to submit
questions to the Department of Energy (DOE).
Where to Submit Ouestions About the Recistrations or Systems:
DUNS & Bradstreet: govt@dnb.com
Central Contractor Registration (CCR) system; https://www.bon.g.ov/ccr/contactccr.aspx
By phone; 866-606-8220 or 334-206-7828 (8:00 a.m. to 8:00 p.m., Eastern Time)
Grants.goy: suooort@grants.goy
By phone: 1-800-518-4726 (7:00 a.m. to 9:00 p.m., Eastern)
FedConnect: suooort@FedConnect.net
By phone: 1-800-899-6665 (8:00 a.m. to 8:00 p.m., Eastern)
Page 2 of 72
Table of Contents
SECTION I - FUNDING OPPORTUNITY DESCRIPTION ................................................................ 5
A. Introduction: American Recovery and Reinvestment Act of 2009 .................................... 5
B. Energy Efficiency and Conservation Block Grant Program Background......................... 6
C. Funding Opportunity Announcement Objectives ................................................................ 7
D. Topic Area 1: The Retrofit Ramp-up Program Description............................................... 8
E. Topic Area 2: The General Innovation Fund for Local Governments and State-
Recognized Tribes Not Eligible for Direct Formula Grants: Work Description............ 15
SECTION II - A WARD INFORMATION ............................................................................................ 22
A. Type of A ward Instrument. ..... ............................ .......... .......... ............................ ..... ..... ..... ........ ........ 22
B. Estimated Funding .... ..... ..... ..... .......... ... ..... ........ ..... ............... ..... .......... ..... .......... ..... ........ ..... ..... ........ 22
C. Maximum and Minimum Award Size................ ..... ..... ..... .......... ............. .......... ..... .......................... 22
D. Expected Number of A wa rds ....... .......... ........ .......... .............................. ............................................ 22
E. Period of Performance ...........t..........I...........................................iII.II.....................II-..t1....II-.IIo........................................... 22
F. Type of Application ..... ..... ........ ....... ........ ............. ..... ......................... ..... ..... ..... ..... ..... ............. ........... 23
SECTION III - ELIGIBILITY INFORMATION ................................................................................. 24
A. Eligible Applicants. ..... ..... ........ ....... ... ....... ........ ..... ..... .................... ........ .............................. ..... ......... 24
D EFINITI 0 NS ................................................................... ...............:............ ...... ..... ....................... ..... .... 24
B. Cost Sharing............................... .......... ........ ..... ..... ............ ....................... ..... ............... .......... ... ..... ..... 25
C. Other Eligibility Requirements.............. ..... .......... ............... ..... ..... ..... ............................ .......... ..... .... 25
SECTION IV - APPLICATION AND SUBMISSION INFORMATION ........................................... 26
A. Address to Request Appli cation Forms...... ..... ..... .............................. .................. .......... ..... .......... .... 26
B. Letter of Intent and Pre-Application.. ............. ............ ............. .............................. .................. ......... 26
C. Content and Form of Application............... ...................... ................................................ ..... ............ 26
D. Submissions from Successful Applicants ... ................. ..... ........................................... ..... ..... ............ 34
E. Submission Dates and .Times ............... ........ ..... ............ ..... ...................................... ..... ..... ..... ............ 34
F. Intergovernmental Review.............. ..... ........ ............... ....... ............. .................... ..... ..... ..... ..... ............ 34
G. Funding Restrictions.................................."....................................................................................................34
H. Submission and Registration Requirements ....... ..... ....... ........ ..... ..... ..... ..... ..... ................................ 35
SECTION V - APPLICATION REVIEW INFORMATION ............................................................... 37
A. Criteria.. ....... ................ ....., ....1 ... ...i1t1..... ..... ...... ......... ....t1i1. ..... .11-...11...1.... ....11...,......11-1......11-..........11- ...11. .............. ..... ....... 37
B. Review and Selection Process......... ..... ..... ........ ................................ ............... ..... ..... ..... ..... ... ..... ....... 40
C. Anticipated Notice of Selection and Award Dates............................................................................ 41
SECTION VI - A WARD ADMINISTRATION INFORMATION ...................................................... 42
A. A ward Notices.. ........ ....................... ............................ ............ ............. .................... ........................... 42
B. Administrative and N atio nal Policy Requirements ..................................... .................... ........ ......... 42
C. Repo rting .................. ..... ........ ............... .............. ........................... ............................. ..... .................... 43
SECTION VII - QUESTIONS/ A G EN CY CONTACTS ........... ..... ........ ........................... .................... 44
A. Questions. .................. ............................................... ..... ............................................. ................... ....... 44
SECTI ON VIII - OTHER INFORMATION........ ...................... ..... ..... .............................. ........ ..... ....... 45
A. Modifica ti ons ................................................................ ................ ..... ................................. ................. 45
B. Government Right to Rej ect or Negotiate................... .......... ..... ............................ ....... ........ ............ 45
C. Comnlitment of Public Funds... ..... ..... ..... .......... .................... ..... ..... ......................... ..... .................... 45
D. Proprietary Application Informatio n. ..... ........ .............. ........ ..... ..... ......................... ............. ..... ....... 45
E. Evaluation and Administration by Non-Federal Personnel............................................................ 46
F. Intellectual Property Developed Under This Program .................................................................... 46
G. Notice Of Right To Request Patent Waiver....................................................................................... 46
H. Notice of Right to Conduct a Review of Financial Capability....................................................... 47
I. Notice of Potential Disclosure under Freedom of Information Act ................................................. 47
A ppendix A - Definitions................ ..... ..... ..... ........ ............ ....................... ............... .......... .......... ............ 48
Appendix B - Personally Identifiable Info rmation... ....................................................... ...................... 52
Page 3 of 72
Appendix C - NEP A FORM For Completion........................................................................................ S4
Appendix D - B udget Justification... .......................... ..... ................................... .................... ....:... ......... SS
Appendix E ... ..... ..... ............................... ..... ........ ..... ..... ............ ..... ..... ..... ..... ..... .......... ............. ........ ..... .... 60
OMB Guidance for Implementing the Recovery Act At 2 CFR PART 176........................................ 60
Appendix F ... ..... ..... ............. .................. ..... ..... ........ ..... ....... ..... ..... ..... ..... ..... ..... ....................... ........ ..... .... 6S
Adequacy Of Cost Proposal Or Application Budget Submssion For Audit........................................ 65
Appendix G - Template Project Impact Table For Topic 1 and Topic 2: ........................................... 69
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SECTION I - FUNDING OPPORTUNITY DESCRIPTION
A. Introduction: American Recovery and Reinvestment Act of 2009
Projects under this FaA will be funded, in whole, with funds appropriated by the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act or Act). The Recovery
Act's purposes are to stimulate the economy and to create and retain jobs. The Act gives
preference to activities that can be started and completed expeditiously. Accordingly, special
consideration will be given to projects that promote and enhance the objectives of the Act,
especially job creation, preservation and economic recovery, in an expeditious manner.
Be advised that special terms and conditions may apply to projects funded by the Act relating to:
· Reporting, tracking and segregation of incurred costs;,
· Reporting on job creation and preservation;
· Publication of information on the Internet;
· Access to records by Inspectors General and the Government Accountability Office;
· Prohibition on use of funds for gambling establishments, aquariums, zoos, golf courses
or swimming pools;
· Ensuring that iron, steel and manufactured goods are produced in the United States;
· Ensuring wage rates are at least equal to those prevailing on projects of a similar
character;
· Protecting whistleblowers and requiring prompt referral of evidence of a false claim to
an appropriate inspector general; and
· Certification and Registration.
These special terms and conditions will be based on provisions included in Titles XV and XVI of
the Act. The exact terms and conditions will be provided as soon as possible. The currently
available Special Provisions are located at:
http://management.energy.gov/business doe/business forms.htm.
The Office of Management and Budget (OMB) has issued several guidance documents regarding
implementation of Recovery Act programs, available on line at
http://www.whitehouse.gov/omb/recovery default!. Applicants should consult the DOE website,
http://www.energy.gov, the OMB web site http://www.whitehouse.gov/omb/, and the Recovery
website, http://www.recovery.gov, regularly to keep abreast of guidance and information as it
evolves.
Recipients offunding appropriated by the Act shall comply with requirements of applicable
Federal, State, and local laws, regulations, DOE policy and guidance, and instructions in this
FaA, unless relief has been granted by DOE. Recipients shall flow down the requirements of
applicable Federal, State and local laws, and regulations, DOE policy and guidance, and
Page 5 of 72
instructions in this FOA to subrecipients at any tier to the extent necessary to ensure the
recipient's compliance with the requirements.
Be advised that Recovery Act funds can be used in conj unction with other funding as necessary
to complete projects, but tracking and reporting must be separate to meet the rep0l1ing
requirements of the Recovery Act and related OMB Guidance. Applicants for projects funded
by sources other than the Recovery Act should plan to keep separate records for Recovery Act
funds and ensure those records comply with the requirements of the Act Funding provided
through the Recovery Act that is supplemental to an existing grant is one-time funding.
Applicants should begin planning activities for their first tier subawardees, including obtaining a
DUNS number (or updating the existing DUNS record), and registering with the Central
Contractor Registration (CCR). The extent to which subawardees wiU be required to register in
CCR will be determined by OMB at a later date.
B. Energy Efficiency and Conservation Block Grant Program Background
In passing the Recovery Act, the Congress established and expanded new and existing financial
assistance programs intended to foster economic prosperity and job creation; reduce emissions
from fossil fuels; and to continue on the pathway to a clean, secure and sustainable energy future.
The Energy Efficiency and Conservation Block Grants (EECBG) Program
(http://www.eecbg.energy.gov/), funded for the first time by the Recovery Act, represents a
Presidential priority to deploy the cheapest, cleanest, and most reliable energy technologies we
have - energy efficiency and conservation - across the country. The Program, authorized in Title
V, Subtitle E of the Energy Independence and Security Act (EISA) and signed into law on
December 19, 2007, is modeled after the Community Development Block Grant program
administered by the Department of Housing and Urban Development.
Through formula and competitive grants, the Program empowers local communities to make
strategic investments to meet the nation's long-term goals for energy independence and
leadership on climate change. Funding for the EECBG Program under the Recovery Act totals
$3.2 billion. Of this amount, over $2.7 billion will be awarded through formula grants. In
addition, up to $453.72 million will be allocated through competitive grants, which will be
awarded through this Funding Opportunity Announcement (FOA). The remaining funds will be
used to provide a suite of technical assistance tools to state, local, and tribal grantees.
The purposes of the EECBG Program are to serve as a deployment mechanism for energy
efficiency, conservation and renewable energy technologies and to assist eligible entities to
create and implement strategies to:
· Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the
maximum extent practicable, maximizes benefits for local and regional communities;
· Reduce the total energy use of the eligible entities;
· Improve energy efficiency in the building sector, the transportation sector, and other
appropriate sectors.
· Create and retain jobs; and
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· Stimulate the economy.
These stated purposes describe the overall intent of the EECBG Program. Each entity is required
to use the funds in a cost-effective manner that is of maximum benefit to the population of that
entity and in a manner that will yield continuous benefits over time in terms of energy and
emission reductions.
C. Funding Opportunity Announcement Objectives
DOE is releasing this funding opportunity announcement (FaA) seeking innovative state, local
government and Indian tribe programs funded under the Recovery Act. This FOA will use up to
$453.72 million in Recovery Act EECBG funds for these competitive grants awarded in two (2)
topic areas. Topic 1, the Retrofit Ramp-up Program, provides up to $390.04 million for
programs of $5 to $75 million for 8 to 20 awards. Topic 2, The General Innovation Fund, is for
competitive grants that are reserved for units of local government and state-recognized tribes not
eligible for direct formula grants, as per EISA 2007 requirements. Topic 2 provides up to $63.68
million (approximately 2 percent of $3.2 billion) for projects of $1 to $5 million for 15 to 60
awards.
The goal of this competitive FaA is to stimulate activities that move beyond traditional public
awareness campaigns, program maintenance, demonstration projects, and other "one-time"
strategies and projects. DOE seeks to stimulate activities and investments which can:
1) Fundamentally and permanently transform energy markets in a way that make energy
efficiency and renewable energy the options of first choice; and
2) Sustain themselves beyond the grant monies and the grant period by designing a viable
strategy for program sustainability into the overall program plan.
In this FaA, DOE is seeking applications which:
· Leverage the participation and support of multiple local jurisdictions, regional planning
agencies, and state energy offices;
· Prioritize energy efficiency and/or energy conservation as first in the loading order before
investments are made in new generation; however, DOE is interested in applications that
integrate cost-effective renewables with efficiency.
· Move beyond the planning stage and ready for implementation;
. Clearly articulate and demonstrate the ability to achieve measurable stretch goals and that
have the potential to make an impact at the regional or national level; and
. Maximize the creation and/or retention of jobs in the United States.
The following sections describe the two (2) topics identified in this FOA. Applicants may
submit multiple applications to a topic area and/or apply to multiple topic areas, however,
separate stand-alone applications must be submitted.
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D. Topic Area 1: The Retrofit Ramp-up Program Description
The goal of Topic l: The Retrofit Ramp-up Program aims to stimulate activities and investments
which can:
. Deliver verified energy savings from a variety of projects in the local jurisdiction of the
applicant, with a particular emphasis on efficiency improvements in residential,
commercial, industrial and public buildings;
· Achieve broader market participation and greater efficiency savings from building
retrofits;
· Highly leverage grant funding in order to significantly enhance the resources available
for supp011ing the program;
· Sustain themselves beyond the grant monies and the grant period by designing a viable
strategy for program sustainability;
· Serve as pilot building retrofit programs that demonstrate the benefits of gaining
economy of scale; and
· Serve as examples of comprehensive community-scale energy-efficiency approaches that
could be replicated in other communities across the country.
Pursuant to the Energy Efficiency and Conservation Block Grant Program (EECBG), DOE plans
to award up to $390.04 million for innovative programs that accomplish the economic, energy
and environmental goals of the Recovery Act and the EECBG Program, and are highly leveraged
(i.e. goal of at least 5: 1 per dollar awarded from this FaA), are broadly replicable and scalable,
achieve economy of scale benefits, and are likely to be self-sustaining beyond the funding
period.
DOE is specifically targeting these funds for high-impact awards that will enable large-scale
programs of ongoing energy efficiency retrofits on residential, commercial, industrial and public
buildings in geographically focused areas. These programs should result in high-quality retrofits
resulting in significant efficiency improvements to a large fraction of buildings within targeted
neighborhoods, technology corridors or communities (i.e. "whole-neighborhood" retrofits).
DOE anticipates making 8 to 20 awards under this topic, with award sizes of $5 million to $75
million (DOE contribution). No recipient cost share is required for Topic 1.
Recovery throu~h Retrofit
DOE is issuing this FOA in conjunction with the White House Middle Class Task Force
(http://www.whitehouse.gov/strongmiddleclass/) and its Recovery through Retrofit strategy.
DOE strongly encourages applicants to be aware of guidance and other information about this
strategy, which is available at http://www.whitehouse.gov/administrationJeop/ceq/.
Eli~ibility under Topic 1
The following entities may apply under Topic 1:
1. States;
2. Formula-eligible units of local government;
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3. Formula-eligible Indian tribes;
4. Entities eligible under Topic 2; and
5. Govel11mental, quasi-govel11mental, or non-govel11mental not-for-profit organizations
authorized by and on behalf of entities described in I through 4.
PLEASE NOTE: Only one application may be submitted by or on behalf of an entity listed in 1
through 4 above. If an entity listed in I through 4 intends to use Recovery Act funding to
supp0l1 projects performed by different parts of the entity, the projects must be consolidated into
a single application.
DEFINITIONS
"State" means the 50 United States, the District of Columbia and the following Territories of the
United States: Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northel11 Mariana Islands.
"Formula-eligible unit of local government" means a unit of Ideal government that was eligible
for direct funding under the EECBG formula. A list of formula eligible local governments can
be found on the program website, http://www.eecbg.energy.gov.
"Formula-eligible Indian tribe" means an Indian tribe that was eligible for direct funding under
the EECBG formula. A list of formula eligible Indian tribes can be found on the program
website, http://www .eecb g.energy. gov.
"Indian tribe that is not an eligible entity" means a State recognized Indian tribe that was not
eligible for direct funding under the EECBG formula.
"Unit of local government that is not an eligible entity" means a city or county that-
· Is listed in the 2007 Governments Integrated Directory (GID) as an incorporated entity;
· Is identified by the 2007 Census of Govel11ments as having a govel11ance structure
consisting of an elected official and governing body;
· Has a governing structure,
o as indicated by the 2007 Census of Governments publication, with the capabilities
and jurisdiction necessary to carry out the broad range of EECBG programs, or
o with the capabilities and jurisdiction necessary to carry out the broad range of
EECBG programs, as demonstrated by the applicant; and
· Was not eligible for direct funding under the EECBG formula.
Program Structure
Geographic focus. Under this Topic, DOE is interested in programs that reach a large fraction of
buildings within targeted neighborhoods or areas. Note that the geographic area is not
necessarily continguous and may be urban, suburban or rural. The objective is to encourage
programs that cover geographic areas that are sufficient to demonstrate economy of scale or
critical mass in deployment of energy efficiency and conservation building retrofits. Programs
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that achieve these benefits not exclusively relying on geographic focus are acceptable (e.g. by
targeting specific delivery channels, market segments, or pockets of geographic focus in a
regional area). DOE emphasizes the impOltance of programs that demonstrate the benefits of
economy of scale and critical mass and also provide high visibility to communicate success to
potential new adoptees of this approach for energy efficiency and conservation savings.
Program design. Under this Topic, DOE is seeking applications that target innovative, "game-
changing" ideas that create a comprehensive framework for building retrofits, including
processes for financing, marketing/education, delivery, monitoring and verification measurement
that can serve as templates for other communities across the country. DOE has designed merit
review criteria that emphasize programs that address key obstacles (e.g., upfront cost, lack of
consumer confidence), are long-term, replicable, scalable, and enable continued energy
efficiency investment beyond the grant period. Applicants should clearly address how their
application addresses all the merit review criteria. DOE has intentionally left the structure of
financing, marketing, delivery and monitoring of building retrofit programs open in order to
encourage innovation in these areas, and intends to use this Topic to allow different models of
comprehensive, community-scale retrofit programs to be demonstrated and tested.
Revenue and sustainabilitv models. DOE believes there are multiple viable approaches to
developing revenue streams from building efficiency improvements that can be used to ensure
program sustainability after federal grant monies are exhausted. These may include rev 01 ving
loan funds, utility on-bill payment and/or financing, the sale of carbon and other offsets, the sale
of white tags to meet efficiency mandates, and the sale of efficiencies into forward capacity
markets. Under this Topic, DOE will place significant emphasis on the sustainability of the
program after the grant period, but intends to allow maximum tlexibility to applicants to
innovate program modelS that will achieve this goal.
Leveraging. DOE intends to achieve high (5 to 1) leveraging of grant funds awarded through
this FaA, and will place significant emphasis on total project funds availability. This leveraging
ratio goal is not a cost share. Instead, DOE seeks to have recepients secure 5 additional dollars
for each dollar awarded by DOE under this FaA to meet the total project expenses. For the
purposes of this FaA, DOE considers this leveraging to include building owner contributions,
partner contributions, in-kind contributions, project revenues, other federal funds (including
other DOE funds), and state funds. For example, programs that leverage DOE Weatherization
Assistance Program funds and associated resources could constitute one example of a source of
leveraged funds.
Partners. DOE strongly encourages applications that plan innovative and creative teams that
leverage the participation and support of multiple partners, including utilities, regional planning
agencies, businesses, financial institutions, universities, non-governmental organizations, and
State energy offices.
Evaluation. DOE intends to address a number of research questions about building retrofit
program structures through this FOA. To that end, applicants must agree that, if awarded funds,
they will cooperate with DOE on a federally sponsored research and data-gathering exercise
designed to evaluate the effectiveness of different approaches to marketing, delivery, installation,
monitoring and financing of retrofits, including the impacts on energy savings and consumer
debt. This exercise will employ rigorous statistical methodology based on actual fuel
consumption data. Applicants are encouraged to consider this when designing proposed program
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structures in order to make them as amenable as possible to evaluation, and highlight such design
elements in their application materials. DOE intends to provide further guidance regarding best
practices for enabling a rigorous evaluation.
Generic examples. The following examples broadly illustrate how comprehensive building
retrofit programs might be structured. They are not intended to be prescriptive or to indicate any
preference on the palt of DOE for particular approaches, but rather to convey the type of
comprehensive program design DOE is seeking.
Example 1: Partnering with a bank and a large construction-related retailer, a community
develops a retrofit program based on Property Assessed Clean Energy (PACE) loans for
homeowners. These loans are used to pay for energy efficiency retrofits delivered by contractors
coordinated by the retailer. Project funds are used to leverage additional 5; 1 outside funds, and
the program is marketed to homeowners by the community, who agree to add a line item on their
property tax bill to repay the loans. In designing the program, the community follows federal
best practices as outlined in the "Policy Framework for PACE Financing Programs" documents
available at http://www.whitehouse.gov/administrationleop/ceq/ .
Example 2: Pmtnering with a local utility and a Home Performance with ENERGY STAR
(HPwES) partner, a community develops a retrofit program funded by a revolving loan fund.
Project funds are used to leverage additional 5: 1 outside funds, with an on-bill repayment
mechanism for homeowners receiving retrofit services. Working with the HPwES partner and
the utility, the community publicizes the program and begins door-to-door "neighborhood
sweeps" to audit homes and arrange scheduling for retrofit work with homeowners. Work is
delivered through a variety of contractors coordinated by the HPwES pmtner, and the energy
impact is monitored through utility bills reported by the utility.
Example 3: Partnering with a large appliance retailer, a home service contract provider, and the
state energy office, a community develops a program to audit homes during the delivery and
servicing of appliances and other home systems, working through the servicer and retailer's
network and capabilities. Project funds are used to leverage additional 5: I outside funds, with
loan repayment through service contracts. In order to expand resources available to the program
and ensure sustainability, deemed savings from appliances are captured and sold by the
community as carbon offsets.
Example 4: Partnering with the state department of commerce and an energy services company
(ESCO), a community develops a program to retrofit retail buildings in its downtown district and
industrial buildings in a separate district. Project funds are used to leverage additional 5: 1
outside funds, and the program is marketed to local businesses by the state department of
commerce, with retrofits delivered through the ESCO. Energy savings from retrofits are
displayed on signs placed in store windows, and community leaders initiate a campaign to
encourage residents to shop at stores, and buy products from industrial facilities, that achieved
the greatest energy reductions.
Example 5: Partnering with several local banks and a large construction firm, a community
develops a program to retrofit homes and retail buildings in a mixed-used neighborhood. Project
funds are used to leverage additional 5: 1 outside funds, and the program is marketed to
customers of the banks through the automatic teller machine (A TM) networks and monthly
statements, with retrofits delivered by contractors coordinated by the construction firm.
Recipients of retrofits are able to check their energy savings online or at local A TMs. To ensure
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the program's sustainability and enhance its funds for future retrofit work, efficiency savings
from retrofits are aggregated and sold to forward capacity markets.
Example 6: Partnering with a a large construction-related retailer and a local cable and internet
service provider, a community develops a program to bundle energy audits with cable and
internet installation and servicing. Outreach and advel1ising is also provided by the
cable/internet provider. Project funds are used to leverage additional 5: 1 outside funds, and the
program delivers retrofit services through the retailer, using a repayment mechanism based on
cable bills. The program allows owners receiving retrofit services to monitor and track their
building's performance with online tools hosted by the cable/internet provider, and participate in
community-wide comparisons of savings.
Example 7: Partnering with a local utility, a community develops a program to retrofit private,
commercial, industrial and public buildings in several neighborhoods. The utility contracts with
for-profit and not-for-profit providers to conduct energy audits and install retrofits. The local
unit of government uses its bonding authority to pay up-front costs of the program, and the utility
collects on-bill payments from building owners and remits to the local government. Federal
funds are used to subsidize retrofits of low-income homes and ~s credit enhancement to SUPP011
the financing of the program. The overall program is fully coordinated with all other federal,
state, local and private programs that support efficiency retrofits in the community.
NOTE: The above examples are intended only to illustrate the types of comprehensive program
design DOE is seeking, and should not be taken to indicate a preference for any particular
approach.
What not to propose. DOE is not seeking the following for Topic 1:
· Projects that are authorized by 42 U.S.c. 17154(1)-(2),(14): Development and
implementation of an energy efficiency and conservation strategy; technical consultant
services to assist the eligible entity in the development of the energy efficiency and
conservation strategy; and any other appropriate activity, as determined by the Secretary
of Energy, in consultation with the Administrator of the Environmental Protection
Agency, the Secretary of Transportation and the Secretary of Housing and Urban
Development.
. Programs for the design and construction of new energy-efficient buildings;
. Technology demonstration programs without market transformation;
· Programs which focus exclusively or largely on renewable energy technologies for
buildings (although DOE will consider cost-effective renewable integration with
efficiency); and
· Programs which take existing policies and make incremental improvements over business
as usual efforts;
Applications that propose projects that are under 42 U.S.c. 17154(1)-(2),(14) above, programs
for the design and construction of new energy-efficient buildings, technology demonstration
programs without market transformation, and programs which focus exclusively on renewable
generation will be deemed non-responsive during the initial compliance review and
eliminated from full Merit Review.
Page 12 of 72
Applications should include, to the extent practicable, at least the following key elements:
1. A description of how many and what kinds of buildings will be targeted by the retrofit
program, and their geographic location. This may be a map of zones/neighborhoods that
will be targeted, or a detailed text description. (Please provide program related
information; NEPA related information should be included in form located in Appendix
C.)
2. A description of how the program will conduct outreach, advertising and marketing to
building owners in the targeted zones to inform them of the program and convince them
to agree to participate. This should include a discussion of the value proposition being
offered to building owners, and why owners are likely to agree to participate.
3. A description of how the retrofits will be delivered, including who will do the audits
and contract work.
4. A description of how energy and cost savings from retrofits will be monitored and
verified, and how those results will be communicated to the owner/occupant of the
building.
5. A description of how the program will be financed, including leveraged funds and
alternate revenue streams as discussed above. This section of the application should also
include a discussion of the sustainability of the program after the grant monies are
exhausted.
6. An implementation plan describing the overall execution of the program, including a
detailed timeIine and milestones at each stage.
7. Letters of support from all major partners contributing leveraged funds and significant
in-kind contributions, and project support letters from an executive officer from all key
partners (included as an appendix to the Narrative file and not included in the Narrative
file page limit).
8. Project Impact Table (see Appendix G) with estimates of project impact including
number of buildings retrofitted per project year (and out years), utilities savings and jobs
created/retained.
Additionally, applications must contain a clear description of why federal funds are needed to
implement the retrofit program described in the application (if this is not included in the
elements above). Finally, applicants are encouraged to add further discussion as necessary,
including an analysis of key market barriers to retrofits in their local jurisdiction, local resources
other than funding, a description of the applicant's historical work in energy efficiency
programs, and any other relevant information.
Property Assessed Clean Energy (PACE) programs. The innovative Property Assessed Clean
Energy (PACE) approach attaches the obligation to repay an energy-upgrade loan to a property,
not an individual borrower. This ensures that the loan is paid by the owner of the upgraded
property, which has reduced utility bills, even if the property is sold. An applicant could use
funding from this FOA to pay for the administrative costs, reserve funds, software development,
or reduced interest rates under a PACE program, or in SUPPOlt of federal research about the
effects of PACE programs. PACE programs supported by funds awarded under this FOA are
required to follow the best practices outlined in the "Policy Framework for PACE Financing
Programs" documents created by an interagency team as part of the Vice President's Middle
Page 13 of 72
Class Task Force Recovery through Retrofit strategy, available at
http://www . w hitehouse.gov lad ministrati on/eop/ceq/.
Home Perrormance with ENERGY STAR. DOE and the Environmental Protection Agency
(EP A) offer a program strategy for encouraging comprehensive home energy improvements,
called Home Performance with ENERGY STAR. Applicants could use this program strategy as
a component of a retrofit program that addresses residential retrofits. More information is
available at http://www.energystaLgov/.
Building Codes. DOE has included as a program policy factor for the adoption of updated
building codes. Entities that have adopted these updated building codes as of the close date of
this FaA will be given special consideration. This applies only to prime applicants that have the
authority to adopt building codes and have adopted the following:
1) A building energy code (or codes) for residential buildings that meets or exceeds the most
recently published Intemational Energy Conservation Code, or achieves equivalent or
greater energy savings; and
2) A building energy code (or codes) for commercial buildings that meets or exceeds the
most recently published ANSIIASHRAE/IESNA Standard 90.1, or achieves equivalent or
greater energy savings.
Limitations on the use of funds on Topic 1
ALL APPLICANTS
In accordance with EISA Sec. 548(b), EECBG funds shall supplement (and not supplant) other
Federal funding provided under the State Energy Program or the Weatherization Assistance
Program.
STATES
States must subgrant at least 60 percent of their allocation to units of local government that are
not formula eligible entities.
State applicants may expend for payment of reasonable administrative and planning costs not
more than 10 percent of amounts provided under the program including the cost of reporting.
FORMULA-ELIGIBLE UNITS OF LOCAL GOVERNMENTS AND FORMULA-
ELIGIBLE INDIAN TRIDES
Up to 10 percent or $75,000, whichever is greater, of grant funds may be used for administrative
expenses, excluding the cost of meeting the reporting requirements of the Program.
Administrative costs are the allowable, reasonable, and allocable direct and indirect costs related
to overall management of the awarded grant.
Up to 20 percent or $250,000, whichever is greater, of the grant funds may be used to finance a
revolving loan fund.
Page 14 of72
State Formula~eligible Formula~ineligible
unit of local unit of local
government and government or
Formula-eligible Indian tribe
Indian tribe
Limit on Not more than 10% Not more than the None
administrati ve of the amounts greater of
expenses provided to the a. 10% of the
including the cost State
of the reporting amount provided to
requirements the eligible unit of
local gov't (or
eligible Tribe); or
b. $75,000
Limit on the None Not more than the None
amount for greater of
establishing a a. 20% of the
revol ving loan
fund amount provided to
the eligible unit of
local gov't (or
eligible Tribe); or
b. $250,000
Amount required Not less than 60% None None
to be provided as of the amount
sub grants to units provided to the
of local State (subgrantees
government that must be within the
are not eligible jurisdiction of the
units of local State)
government
E. Topic Area 2: The General Innovation Fund for Local Governments and State~
Recognized Tribes Not Eligible for Direct Formula Grants: Work Description
Pursuant to the EECBG and EISA 2007, Topic 2 eligibility (as a prime applicant) for the up to
$63.68 million is restricted for local governments (e.g. cities, counties) and State-recognized
Indian Tribes not eligible to receive direct funding allocations from the Energy Efficiency and
Conservation Program formula grants. The entities found at the following link are not eligible
for Topic 2, see www.eecbg.energy.gov. To establish State-recognized Indian Tribe eligibility,
an applicant must submit verifiable documentation from one or more individual States in which
Page L5 0[72
it resides that it is formally recognized as having self-governance authority. DOE plans to
award from IS to 60 awards that are between $1 million and $5 million (DOE contribution) each.
No recipient cost share is required for Topic 2. In accordance with EISA 2007, Title V, Subtitle
E, Sec. 546, special consideration in the form of a program policy factor will be given to local
governments proposing projects in states with populations of less than 2 million people, or that
plan to carry out projects that would result in significant energy efficiency improvements or
reductions in fossil fuel use.
Eligibilitv under Topic 2
In accordance with Section 546 of EISA 2007, only the following entities may apply for
financial assistance under Topic 2: Unit of local government (or State-recognized Indian tribe)
that is not an eligible entity; a govemmental, quasi-governmental, or non-governmental, not-for-
profit organization authorized by and on behalf of a unit of local government (or State-
recognized Indian tribe) that is not an eligible entity; or a consortia of units of local governments
(or State-recognized Indian Tribes) that are not eligible entities. States, formula-eligible units of
local government, and formula-eligible Indian tribes are not eligible to apply for Topic 2.
PLEASE NOTE: Only one application may be submitted by or on behalf of a unit of local
government (or State-recognized Indian tribe) that is not an eligible entity. If a unit of local
government (or State-recognized Indian tribe) that is not an eligible entity intends to use
Recovery Act funding to support projects performed by different parts ofthe entity, the projects
must be consolidated into a single application.
DEFINITIONS
"State" means the 50 United States, the District of Columbia and the following Territories of the
United States: Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northem Mariana Islands.
"Formula-eligible unit of local government" means a unit of local government that was eligible
for direct funding under the EECBG formula.
"Formula-eligible Indian tribe" means an Indian tribe that was eligible for direct funding under
the EECBG formula.
"Indian tribe that is not an eligible entity" means a State-recognized Indian tribe that was not
eligible for direct funding under the EECBG formula.
"State-recognized Indian Tribe" means a Native American tribe located within the contiguous 48
States or Alaska that is not Federally recognized pursuant to section 4 of the Indian Self-
Determination and Education Assistance Act (42 USC 450b), but is formally recognized as
having self-governance authority by one or more individual States in which it resides.
"Unit of local government that is not an eligible entity" means a city or county that-
· Is listed in the 2007 Governments Integrated Directory (GID) as an incorporated entity;
· Is identified by the 2007 Census of Governments as having a governance structure
consisting of an elected official and governing body;
Page 16 of 72
· Has a governing structure,
o as indicated by the 2007 Census of Governments publication, with the capabilities
and jurisdiction necessary to carry out the broad range of EECBG programs, or
o with the capabilities and jurisdiction necessary to carTY out the broad range of
EECBG programs, as demonstrated by the applicant; and
· Was not eligible for direct funding under the EECBG formula.
Program Structure
Topic 2 of this FaA provides financial assistance to units of local governments (and State-
recognized Indian tribes) that are not formula-eligible entities to implement programs that:
1. Contribute to meaningful and sustainable market transformation (are broadly replicable
and scalable and/or bring a significant benefit to other units of local government and
State-recognized Indian tribes through the successful execution of an outcome or
deliverable)
2. Highly leverage DOE financial assistance to achieve significant energy and cost savings
and create jobs;
3. Result in a new or innovative approaches to the purposes of the EECBG program which
are to reduce fossil fuel emissions, reduce total energy use, and increase energy
efficiency; and
4. Are capable of being financially self-sustaining beyond the funding period.
Leveraging. The leverag'ing that DOE is seeking is not a cost share requirement. For the
purposes of this FaA, DOE considers leveraging to include partner contributions, in-kind
contributions, project revenues, other federal funds (including other DOE funds), and state funds.
For example, programs that leverage DOE Weatherization Assistance Program funds and
associated resources could constitute one example of a source of leveraged funds.
The fonowing activities under 42 U.S.c. 17154 are anowed under Topic 2 consideration:
o (3) Building Energy Audits
o (4) Financial Incentive Programs for Energy Efficiency Improvements
o (5) Energy Efficiency Retrofits
o (6) Energy Efficiency and Conservation Programs for Buildings and Facilities
o (7) Development and Implementation of Transportation Programs to Conserve
Energy
o (8) Building Codes and Enforcement
o (9) Energy Distribution Technologies for Energy Efficiency
o (10) Material Conservation Programs including source reduction, recycling, and
recycled content procurement programs
o (11) Reduction and Capture of Methane and Greenhouse Gases
o (12) Replacement of Traffic Signals and Street Lighting with Energy Efficient
Page 17 of 72
Lighting Technologies
o (13) Renewable Energy Technologies on Government Buildings
DOE has intentionally left Topic Area 2 broad to allow for innovation in program design and
delivery across a wide variety of market sectors. Successful applications will propose ideas that
have the potential to demonstrate significant long-term benefits beyond those directly received
by the recipient entity. Specifically, DOE wishes to support program approaches that prove the
value of investment in energy efficiency and renewable energy so that future funding to support
similar efforts by other local governments can be confidently provided by those governments or
private sources as good investments. Simple equipment replacement eff011s (e.g. CFL
replacement or give-away programs, boiler replacements, LED traffic light replacements) that do
not provide a roadmap for replication by other entities will not likely be considered for award.
Programs that include a broad and cohesive partnership structure that effectively leverages DOE
financial assistance will be considered more favorably by DOE. DOE seeks to fund programs
that have moved well beyond the planning stage and are ready for implementation.
The following examples are provided to illustrate potential areas of activity and are not intended
to be comprehensive:
Example 1: Innovative fiscal and financial strategies to promote energy efficiency:
There are numerous examples of strategies using financial and fiscal policy to foster the use of
energy efficiency, including revolving loans, Energy Saving Performance Contracts (ESPCs),
guaranteed loans and other strategies. DOE seeks to replicate these and other innovati ve
financing models for energy efficiency, and also to fund improvements that amplify their reach
or effectiveness. For example, strategies that require point-of-sale energy audits could allow
new owners to fold the cost of retrofits into mortgages or home equity loans, lowering monthly
energy bills to a greater extent than the monthly amortized cost of such retrofits. These
approaches do two important things: they tie energy investments to the home or building, not the
owner, and thus extend the window of acceptable investment beyond a single owner's payback
expectations. They also amortize the loan over a longer time period. Combining point-of-sale
energy audits with on-bill financing, developed in partnership with electric and natural gas
utilities, could increase the efficacy of both.
Example 2: Whole neighborhood building energy efficiency retrofits:
A consortia of small towns, villages andlor tribes, and rural area governments commits to
implementing whole neighborhood building efficiency retrofits, through ajoint partnership. A
consortia of local governments would then prepare and submit a joint application to provide
comprehensive energy efficiency services to multiple communities within a region. Applications
could be coordinated through an existing regional planning process, such as a regional council,
council of governments, or regional planning district. Partners could include rural electric
cooperatives, municipal utilities, and businesses within the region that could provide energy
efficiency services. Programs would be designed to leverage and coordinate with existing
programs and resources offered by federal, state and local agencies (e.g., Qualified Energy
Conservation Bonds, utility energy efficiency programs, weatherization and low-income housing
assistance). The program could include 'Quick Start Programs' that are straightforward to
implement; easily integrated into initiatives already underway; result in significant energy and
Page 18 of 72
cost savings; have a strong business case; and are highly educational for elected officials, staff
and/or the community. These programs may include distributed renewables as pmt of a larger
conservation/energy efficiency program.
Example 3: Reduction in fossil fuel emissions through innovative transportation programs:
Many innovative strategies exist for reducing fossil fuel consumption and emissions in the
transpOltation sector including planning, zoning, and policies to encourage walking, biking, and
the use of public transportation systems; evaluating and performing energy audits on
transportation systems; and incentives for reductions in vehicle miles traveled or high-occupancy
vehicles. There are numerous benefits to transpOltation planning at the regional level, with
adjacent units of government collaborating to address issues affecting the participating
governments. A consortia of local governments can work together through a regional
transportation planning organization, and can integrate plans and programs into those of other
neighboring regional transportation organizations.
Partners
Proposed programs that involve creative and innovative teams 'that leverage the participation and
support of multiple partners are strongly encouraged, including other eligible local jurisdictions,
regional planning agencies, businesses, utilities, non-governmental organizations, and state
energy offices.
What not to propose. DOE is not seeking the following for Topic 2:
· Programs that fall under uses offunds as described in 42 U.S.c. 17154(1)-(2),(14):
Development and implementation of an energy efficiency and conservation strategy;
Technical consultant services to assist the eligible entity in the development of the energy
efficiency and conservation strategy; and any other appropriate activity, as determined by
the Secretary of Energy, in consultation with the Administrator of the Environmental
Protection Agency, the Secretm'y of Transportation and the Secretary of Housing and
Urban Development.
· Programs for the design and construction of new energy-efficient buildings;
· Technology demonstration programs without market transformation;
· Programs which focus exclusively or largely on renewable energy technologies for
buildings (without integrating comprehensive energy efficiency and conservation
acti vi ties)
· Programs which take existing policies and make incremental improvements over business
as usual efforts;
· Programs that are in planning stages and are not ready for implementation.
The following proposed activities will be deemed non-responsive during the initial
compliance review and eliminated from full Merit Review:
· Programs that fall under uses offunds as described in 42 U.S.C. 17154(1)-(2),(14):
Development and implementation of an energy efficiency and conservation strategy;
Technical consultant services to assist the eligible entity in the development of the energy
Page 19 of72
efficiency and conservation strategy; and any other appropriate activity, as determined by
the Secretary of Energy, in consultation with the Administrator of the Environmental
Protection Agency, the Secretary of Transportation and the Secretary of Housing and
Urban Development.
· Programs for the design and construction of new energy-efficient buildings.
. Technology demonstration programs without market transformation.
· Programs which focus exclusively on renewable generation.
Applications should include, to the extent practiceable, at least the following key elements:
1. Narrative description of project concept - including a description of the
issue/problem/opportunity you are seeking to address and the expected qualitative and
quantitative impact. Applicants are also requested to identify how the proposed program
affects economically hard hit communities and to describe expected outcomes.
2. Project implementation plan describing the overall execution of the program, including a
detailed project schedule, major tasks, milestones at each stage, and deliverables.
3. Description of anticipated barriers and approach to overcome them.
4. A description of how energy and cost savings (and other Recovery Act metrics) from the
project will be monitored and verified, and how those results will be communicated to
relevant stakeholders and the strategy for feedback and continuous improvement of the
program during its operation.
5. A description of how the program will be financed, including leveraged funds and
alternate revenue streams. This should also include a discussion of the sustainabiJity of
the program after the grant monies are exhausted.
6. Description of the innovative and creative partnership structure, roles & responsibilities,
and capabilities of individuals/organizations.
7. Letters of support from all key project partners as an attachment to Narrative Section (not
included in Narrative page limit)
8. Project Impact Table (see Appendix G) with estimates of project impact including
utilities savings and jobs created/retained and other project metrics. (not included in
Narrative page limit)
Additionally, applications must contain a clear description of why federal funds are needed to
implement the program described in the application (if this is not included in the elements
above). Finally, applicants are encouraged to add further discussion as necessary, including an
analysis of key market barriers to implementation, local resources other than funding, a
description of the applicant's historical work in energy efficiency programs, and any other
relevant information.
Limitations on the use of funds for Topic 2.
Page 20 of 72
UNIT OF LOCAL GOVERNMENT (OR STATE-RECOGNIZED INDIAN TRIBE)
THAT IS NOT A FORMULA-ELIGIBLE ENTITY
In accordance with EISA Sec. 548(b), EECBG funds shall supplement (and not supplant) other
Federal funding provided under the State Energy Program or the Weatherization Assistance
Program.
Page 21 of 72
SECTION II - AWARD INFORMATION
A. Type of A ward Instrument
Grants
· DOE anticipates awarding grants under this funding opportunity announcement.
B. Estimated Funding
Amount New A wards
· Approximately up to $390.04 million is expected to be available for new awards under Topic
1 and up to $63.68 million under Topic 2 of this announcement,.
C. Maximum and Minimum A ward Size
· Ceiling (i.e., the maximum amount for an individual award made under this announcement):
Topic 1: $75 million; Topic 2: $5 million
· Floor (i.e., the minimum amount for an individual award made under this announcement):
Topic I: $5 million; Topic 2: $1 million
D. Expected Number of Awards
Number of A wards per Programffopic Area
· Under this announcement, DOE expects to make the following number of awards for each
Program/Topic Area:
Program/Topic Area Number of Awards
Topic 1: Retrofit Ramp-up Program 8 to 20
Topic 2: General Innovation Fund for entities ineligible 15 to 60
for EECBG formula grants
E. Period of Performance
The period of performance for these grants will be 36 months. In keeping with the agenda of the
Recovery Act, and supporting the goal of immediate investment in the economy, entities are
required to obligate/commit all funds within eighteen (18) months from the effective date of the
award. In the event funds are not obligated/committed within eighteen (18) months, DOE
reserves the right to deobligate the funds and cancel the award.
Number of Years
· DOE anticipates making awards that will run for up to three years.
Page 22 of 72
F. Type of Application
New Applications Only
· DOE will accept only new applications under this announcement (i.e., applications for
renewals of existing DOE funded projects will not be considered).
G. Authorization
· The activities described in this FOA are authorized authorized in Title V, Subtitle E of the
Energy Independence and Security Act (EISA) 2007.
H. General Information
Awards under this FOA will be funded, in whole or in part, with funds appropriated by the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act or Act). Be
advised that special terms and conditions may apply to projects funded by the Act relating to:
· Reporting, tracking and segregation of incurred costs;
· Reporting on job creation and preservation;
· Publication of information on the Internet;
· Access to records by Inspectors General and the Government Accountability Office;
· Prohibition on use of funds for gambling establishments, aquariums, zoos, golf courses or
swimming pools;
· Ensuring that iron, steel and manufactured goods are produced in the United States;
Ensuring wage rates are comparable to those prevailing on projects of a similar character;
· Protecting whistleblowers and requiring prompt referral of evidence of a false claim to an
appropriate inspector general; and
· Certification and Registration.
These special terms and conditions will be based on provisions included in Titles XV and XVI of
the Act. These Special Provisions are located at:
http://management.energy.gov/businessdoelbusinessforms.htm.
Page 23 of 72
SECTION III ~ ELIGIBILITY INFORMATION
A. Eligible Applicants
Eligibility under Topic 1
The following entities may apply under Topic 1:
1. States;
2. Formula-eligible units of local government;
3. Formula-eligible Indian tribes;
4. Entities eligible under Topic 2; and
5. Governmental, quasi-governmental, or non-governmental not-for-profit organizations
authorized by and on behalf of entities described in 1 through 4.
PLEASE NOTE: Only one application may be submitted by or on behalf of entity listed in 1
through 4 above. If an entity listed in 1 through 4 intends to use Recovery Act funding to
support projects performed by different parts of the entity, the projects must be consolidated into
a single application.
Eligibility under Topic 2
In accordance with Section 546 of EISA 2007, only the following entities may apply for
financial assistance under Topic 2: Unit ofIocal government (or Indian tribe) that is not an
eligible entity; a governmental, quasi-governmental, or non-governmental, not-far-profit
organization authorized by and on behalf of a unit of local government (or Indian tribe) that is
not an eligible entity; or a consortia of units of local governments (or Tribes) that are not eligible
entities. States, formula-eligible units of local government, and formula-eligible Indian tribes
are not eligible to apply for Topic 2.
PLEASE NOTE: Only one application may be submitted by or on behalf of a unit of local
government (or Indian tribe) that is not an eligible entity. If a unit of local government (or
Indian tribe) that is not an eligible entity intends to use Recovery Act funding to support projects
performed by different parts of the entity, the projects must be consolidated into a single
application.
DEFINITIONS
"State" means the 50 United States, the District of Columbia and the following Territories of the
United States: Puelto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
"Formula-eligible unit of local government" means a unit of local government that was eligible
for direct funding under the EECBG formula.
Page 24 of 72
"formula-eligible Indian tribe" means an Indian tribe that was eligible for direct funding under
the EECBG formula.
"Indian tribe that is not an eligible entity" means a State recognized Indian tribe that was not
eligible for direct funding under the EECBG formula.
"State-recognized Indian Tribe" means a Native American tribe located within the contiguous 48
States or Alaska that is not Federally recognized pursuant to section 4 of the Indian Self-
Determination and Education Assistance Act (42 USC 450b), but is formally recognized as
having self-governance authority by one or more individual States in which it resides.
"Unit of local government that is not an eligible entity" means a city or county that-
· Is listed in the 2007 Governments Integrated Directory (Gill) as an incorporated entity;
· Is identified by the 2007 Census of Governments as having a governance structure
consisting of an elected official and governing body;
· Has a governing structure,
o as indicated by the 2007 Census of Governments publication, with the capabilities
and jurisdiction necessary to carry out the broad range of EECBG programs, or
o with the capabilities and jurisdiction necessary to carry out the broad range of
EECBG programs, as demonstrated by the applicant; and
. Was not eligible for direct funding under the EECBG formula.
B. Cost Sharing
Cost Sharing Not Required
· Cost sharing is not required for Topic 1 or Topic 2.
C. Other Eligibility Requirements
None.
Page 25 of 72
SECTION IV - APPLICATION AND SUBMISSION INFORMATION
A. Address to Request Application Forms
Application forms and instructions are available at Grants.gov. To access these materials, go
to http://www.grants.gov, select "Apply for Grants," and then select "Download Application
Package." Enter the CFDA and/or the funding opportunity number located on the cover of
this announcement and then follow the prompts to download the application package. (Also
see Section H of this Part below.)
B. Letter of Intent and Pre-Application
1. Letter of Intent Requested
Applicants are requested to submit a letter of intent by November 19,2009 for applications
submitted to both Topic 1 and Topic 2. This letter should include the name of the
applicant, proposal to Topic 1 or 2, the title of the project, the name of the Project Director,
an estimate of the amount of funds requested, and a brief one-paragraph abstract. Letters
of intent and accompanying abstracts will be used by DOE to organize and expedite the
merit review process. They should not contain any proprietary or sensitive business
information. Failure to submit such letters will not negatively affect a responsive
application submitted in a timely fashion. The letter of intent should be sent by E-mail to
FOA148@emcbc.doe.gov. DOE will not respond to the Letters ofIntent.
2. Pre-application
Pre-applications Not Required
A pre-application is not required for Topic 1 or for Topic 2.
C. Content and Form of Application
You must complete the mandatory forms and any applicable optional forms, in accordance
with the instructions on the forms and the additional instructions below, as required by this
FOA Files that are attached to the forms must be in Adobe Portable Document Format
(PDF) unless otherwise specified in this announcement.
Once the forms below have been completed, save the Application Package in a single file,
using up to 10 letters of the Applicant's Organization Name as the file name (e.g.,
Company). If your organization is submitting more than one Application, you must identify
an application number at the end of each file name (e.g., City-I). If your organization is
submitting more than one Application to different topic areas, you must identify an
application number and the Topic Area Number at the end of each file name (e.g., City-I-
Topicl).
1. SF 424 - Application for Federal Assistance
Page 26 of 72
Complete this form first to populate data in other forms. Complete all required fields in
accordance with the instructions on the form. The list of certifications and assurances
referenced in Field 21 can be found at
http://management.energy.gov/businessdoelbusinessforms.htm, under Certifications and
Assurances.
2. Project/Performance Site Location(s)
Indicate the primary site where the work will be performed. If a portion of the project will
be performed at any other site(s), identify the site location(s) in the blocks provided. Note
that the Project/Performance Site Congressional District is entered in the format of the
2 digit state code followed by a dash and a 3 digit Congressional district code; for
example, V A-OOl. In the form, hover over this field for additional instructions.
Use the "Next Site" button to expand the form to add additional ProjectlPerformance Site
Locations.
3. Other Attachments Form
Submit the following files with your application and attach'them to the Other Attachments
Form. Click on "Add Mandatory Other Attachment" to attach the Project Narrative. Click
on "Add Optional Other Attachment," to attach the other files.
a. Project Summary/Abstract File
The project summary/abstract must contain a summary of the proposed activity
suitable for dissemination to the public. It should be a self-contained document that
identifies the name of the applicant, the project director(s), the project title, the
objecti ves of the project, a description of the project, including methods to be
employed, the potential impact of the project (i.e., benefits, outcomes), and major
participants (for collaborative projects). This document must not include any
proprietary or sensitive business information, as the Department may make it
available to the public. The project summary must not exceed 1 page when printed
using standard 8.5" by 11" paper with 1" margins (top, bottom, left and right), single
spaced, with font not smaller than 11 point. Save this information in a file named
"Summary.pdf," and click on "Add Optional Other Attachment" to attach.
b. Project Narrative File - Mandatory Other Attachment
For Topic 1 applications, the project narrative must not exceed 20 pages, including
chat1S, graphs, maps, photographs, and other pictorial presentations, when printed
using standard 8.5" by 11" paper with 1 inch margins (top, bottom, left, and right),
single spaced, 11 point font. The appendix of letters of commitment and the Project
Impact Table document (see Appendix G) do not count towards the narrative page
limit.
For Topic 2 applications, the project narrative must not exceed 10 pages, including
charts, graphs, maps, photographs, and other pictorial presentations, when printed
using standard 8.5" by 11" paper with 1 inch margins (top, bottom, left, and right),
single spaced, 11 point font. The appendix of letters of commitment and the Project
Page 27 of 72
Impact Table document (see Appendix G) do not count towards the narrative page
limit.
EV ALUA TORS WILL REVIEW ONLY THE NUMBER OF PAGES SPECIFIED
IN THE PRECEDING SENTENCES. The font must not be smaller than 11 point.
Do not include any Internet addresses (URLs) that provide information necessary to
review the application. See Section VIII.D for instructions on how to mark
proprietary application information. Save the information in a single file named
"Project.pdf," and click on "Add Mandatory Other Attachment" to attach.
The project narrative must include:
· Proiect Objectives.
This section should provide a clear, concise statement of the specific
objectives/aims of the proposed project.
o Defind the goals and objectives of the project.
o Describe how the proposed work plan will successfully meet the
project goals and objectives.
· Merit Review Criteria Discussion.
The section should be formatted to address each of the merit review criteria
and sub-criteria listed in Part V. A. below. Provide sufficient information so
that reviewers will be able to evaluate the application in accordance with these
merit review criteria. DOE WILL EVALUATE AND CONSIDER ONLY
THOSE APPLICATIONS THAT ADDRESS SEPARATELY EACH OF
THE MERIT REVIEW CRITERIA AND SUB-CRITERIA.
· Proiect Plan and Timetable:
This section should outline as a function of time, year by year, all the
important activities or phases of the project, including any activities planned
beyond the project period. Successful applicants must use this project
timetable to report progress.
o Describe the project work breakdown structure including major task
descriptions, major milestones, decision points, deliverables and outcomes
and a project schedule.
o Include a high level quarterly spend plan associated with the
activities/tasks that distinguishes between EECBG grant funds and
leveraged funds.
o Describe how the the proposed project organization and approach will
facilitate success.
· Relevance and Outcomes/Impacts:
This section should explain the relevance of the effort to the objectives in the
program announcement and the expected outcomes and/or impacts. The
Page 28 of 72
justification for the proposed project should include a clear statement of the
importance of the project in terms of the utility of the outcomes and the target
community of beneficiaries.
· Roles of Pmticipants:
For multi-organizational projects, describe the roles and the work to be
performed by each participant, business agreements between the applicant and
participants, and how the various efforts will be integrated and managed.
Describe the relevant experience of each major organization and key project
directors/managers' experiences in performing and implementing si milar
programs.
· American Recovery and Reinvestment Act of 2009, P.L. 111-5 (Recoverv
Act) Information:
This section should address how the project will promote and enhance the
objectives of the Recovery Act, especially job creation and/or preservation,
and economic recovery in an expeditious manner. The response must include
quantitative data supporting the number of jobs created and/or preserved, as
well as data supporting any other direct economic recovery impacts
attributable to the performance and conduct of the project.
All the components of your Project Narrative (listed above) must be within the Narrative
page limit specified in paragraph b. above. Documents listed below may be included as
clearly marked appendices to your Narrative and will not count towards the Project
Narrative page limit. Please note that some of the required documents listed below may
have their own page limits to which you must adhere.
c. Resume File
Provide a resume for each key person proposed, including subawardees and
consultants if they meet the definition of key person. A key person is any individual
who contributes in a substantive, measurable way to the execution of the project.
Save all resumes in a single file named "resume.pdf" and click on "Add Optional
Other Attachment" to attach. The biographical information for each resume must not
exceed 2 pages when printed on 8.5" by 11" paper with 1 inch margins (top, bottom,
left, and right), single spaced, with font not smaller than 11 point and should include
the following information, if applicable:
Education and Traininl? Undergraduate, graduate and postdoctoral training; provide
institution, major/area, degree and year.
Professional Experience: Beginning with the current position list, in chronological
order, professional/academic positions with a brief description.
Svnerl?istic Activities. List no more than 5 professional and scholarly activities
related to the effort proposed.
· Of the key personnel identified in this file, indicate the Principal
Page 29 of 72
Investigator(s) (PI).
· For Multiple Principal Investigators:
The applicant, whether a single organization or team/pat1nership/consortium,
must indicate if the project will include multiple Pis. The decision to use
multiple PIs for a project is the sole responsibility of the applicant. If multiple
PIs will be designated, the application must identify the Contact PIIProject
Coordinator and provide a "Coordination and Management Plan" that
describes the organization structure of the project as it pertains to the
designation of multiple PIs. This plan should, at a minimum, include:
· Process for making decisions on scientific/technical direction;
· Publications;
· Intellectual property issues;
· Communication plans;
· Procedures for resolving conflicts; and
· PIs' roles and administrative, technical and scientific responsibilities for
the project.
The resume file does not have a page limitation.
d. Budget File
SF 424 A Excel, Budget Information - Non~Construction Programs File
You must provide a separate budget for each year of support requested and
accumulative budget for the total project period. Use the SF 424 A Excel, "Budget
Information - Non Construction Programs" form on the DOE Financial Assistance
Forms Page at http://management.energy.govlbusinessdoelbusinessforms.htm.
You may request funds under any of the Object Class Categories as long as the item
and amount are necessary to perform the proposed work, meet all the criteria for
allowability under the applicable Federal cost principles, and are not prohibited by the
funding restrictions in this announcement (see Section N, G), Save the information
in a single file named "SF424A.xls," and click on "Add Optional Other Attachment"
to attach.
e. Budget Justification File
You must justify the costs proposed in each Object Class Category/Cost
Classification category (e.g., identify key persons and personnel categories and the
estimated costs for each person or category; provide a list of equipment and cost of
each item; identify proposed subawardlconsultant work and cost of each
subaward/consultant; describe purpose of proposed travel, number of travelers and
number of travel days; list general categories of supplies and amount for each
category; and provide any other information you wish to support your budget).
Page 30 of 72
Provide the name of your cognizant/oversight agency, if you have one, and the name
and phone number of the individual responsible for negotiating your indirect rates. If
cost share is required, you must have a letter from each third party contributing cost
share (i.e., a party other than the organization submitting the application) stating that
the third party is committed to providing a specific minimum dollar amount of cost
share. In the budget justification, identify the following information for each third
party contributing cost share: (0 the name of the organization; (2) the proposed
dollar amount to be provided; (3) the amount as a percentage of the total project cost;
and (4) the proposed type of cost share - cash, services, or property. By submitting
your application, you are providing assurance that you have signed letters of
commitment. Successful applicants will be required to submit these signed letters of
commitment.
Save the budget justification information in a single file named "Budget.pdf," and
click on "Add Optional Other Attachment" to attach.
Adequacy of Cost Proposal or Application Budg~t Submission for Audit
The work contemplated under an award made pursuant to this Funding Opportunity
Announcement is in support of the Department of Energy's American Recovery and
Reinvestment Act programs and represents a Departmental priority. In order to
facilitate timely and efficient evaluation of cost proposals or indirect rate proposals,
there is a need to ensure that the applicant's initial cost proposallbudget is adequate
and complete for purposes of performing the pre-award audit. Accordingly, the
applicant and "major proposed subrecipients or subcontractors are strongly encouraged
to review their cost proposalslbudgets using the Defense Contract Audit Agency
"Criteria for Adequate Contract Pricing Proposals" guidance in Appendix F prior to
submitting their cost proposalslbudgets or indirect rate proposals in order to facilitate
the audit of its cost proposal/budget. Appenix F is provided for applicants to perl'orm
reviews of their cost proposal/budget, and is not a required document for submission
with the application.
f. American Recoverv and Reinvestment Act of 2009. P.L.111-5 (Recovery Act)
Additional Budget Justification Information for Davis-Bacon Act
Applications shall provide information which validates that all laborers and
mechanics on projects funded directly by or assisted in whole or in part by and
through funding appropriated by the Recovery Act are paid wages at rates not less
than those prevailing on projects of a character similar in the locality as determined
by Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).
For guidance on how to comply with this provision, see
http://www.dol.gov/esa/whd/contracts/dbra.htm.
Save the Davis-Bacon Act Justification in a single file named "Davis_Bacon.pdf,"
and click on "Add Optional Other Attachment" to attach.
Page 31 of72
g. Letters of Commitment for Cost Share
Letters of commitment for Cost Share are not required.
h. Subaward Budget File(s) You must provide a separate budget (i.e., budget for
each budget year and a cumulative budget) for each subawardee that is expected to
pelform work estimated to be more than $100,000 or 50 percent of the total work
effort (whichever is less). Use the SF 424 A Excel for Non Construction Programs or
the SF 424 C Excel for Construction Programs. These forms are found on the DOE
Financial Assistance Forms Page at
http://management.energy.govlbusinessdoelbusinessforms.htm. Save each
Subaward budget in a separate file. Use up to 10 letters ofthe subawardee's name
(plus 424.xls) as the file name (e.g., company424.xls or energyres424.xls). Click on
"Add Optional Other Attachment" to attach each file.
A budget justification for the subaward budget is also required. The budget
justification must include the same justification information described in paragraph e.
above.
First-Tier Subawardee American Recovery and Reinvestment Act of 2009, P.L. 111-5
(Recovery Act) Additional Budget Justification Information
First-Tier Subawardee Budget Justifications shall provide information which
validates that all laborers and mechanics on projects funded directly by or assisted in
whole or in part by and through funding appropriated by the Recovery Act are paid
wages at rates not less than those prevailing on projects of a character similar in the
locality as determined by Subchapter IV of Chapter 31 of Title 40, United States
Code (Davis-Bacon Act). For guidance on how to comply with this provision, see
http://www.dol.gov/esafwhd/contracts/dbra.htm.
National Environmental Policy Act (NEPA)
Applicants must complete the environmental summary for DOE review, providing
information addressing environmental issues, concerns, and impacts potentially
associated with proposed plans, programs, and projects (See Appendix C). DOE will
consider environmental impacts during the Merit Review process. If selected for
award, DOE may require the submittal of additional environmental information for its
review prior to authorizing the expenditure of funds. Save the completed Appendix
C, NEPA Form, in a single file named "NEPA.pdf' and click on "Add Optional Other
Attachment" to attach.
j. Project Impact Table
Applicants for both Topic 1 and Topic 2 should provide, to the extent practicable,
projections for benefits given in the Project Impact Table in Appendix G. The
applicant can also provide additional metrics as indicated. High level assumptions
should be included in the relevant section.
Page 32 of 72
Save the completed Appendix G, Project Impact Table, in a single file named
"ImpacCTable.pdf," and click on "Add Optional Other Attachment" to attach.
k. Certification of State-Recognized Indian Tribes (TOPIC 2 ONLY)
As applicable, State Recognized Indian Tribes shall submit documentation to certify
that they are State-recognized entities and are therefore eligible to apply for funding
under Topic 2 of this Announcement Save the Celtification of State-Recognized
Indian Tribes in a single file named "State RecognizedTribes.pdf," and click on "Add
Optional Other Attachment" to attach.
Summary of Required FormslFiles
Your application must include the following documents:
Name of Document Format File Name
SF 424 - Application for Federal Part of Adobe
Assistance Application Package
ProjectlPerlormance Site Location(s) Part of Adobe
Application Package
Other Attachments Form: Attach the Part of Adobe See Instructions
following files to this form: Application Package
Project Summary/Abstract File PDF Summary.pdf
Project Narrative File, including PDF Projectpdf
required appendices (Letters of
Commitment)
Resume File PDF Resume.pdf
SF 424A Excel- Budget Information
for Non-Construction Programs File Excel SF424A.xls
Budget Justification File PDF See Instructions
Davis-Bacon Justification PDF Davis_Bacon.pdf
Subaward Budget File(s), if applicable Excel for Budget See Instructions
Budget Justification(s), if applicable PDF for Justification
Appendix C. NEPA Summary Table PDF Nepa.pdf
Appendix G. Project Impact Table PDF ImpacCtable. pdf
Certification of State-Recognized PDF StateRecognizedT
Indian Tribes (Topic 2 only) ribes.pdf
Page 33 of 72
D. Submissions from Successful Applicants
If selected for award, DOE reserves the right to request additional or clarifying information
for any reason deemed necessary, including, but not limited to:
· Indirect cost information
· Other budget information
· Statement of Project Objectives
· Environmental Questionnaire
· Project Management Plan for Topic 1 awardees
· Because Recovery Act funds apply to awards under this announcement, additional
certification requirements will be required for state or local governments. See Special
Provisions located at: '
http://managementenergy.gov/business doe/business forms .htm.
E. Submission Dates and Times
1. Voluntary Letters of Intent Due Date: November 19,2009
Applicants are requested to submit a letter of intent by November 19, 2009 for applications
submitted to both Topic I and Topic 2. Letters of intent should be sent to the following
email address: FOA148@emcbc.doe.gov.
2. Application Due Date
Application Due Date, 11:59 PM
· Applications must be received by December 14. 2009 not later than 11 :59 PM Eastern
Time. You are encouraged to transmit your application well before the deadline.
APPLICA TIONS RECEIVED AFTER THE DEADLINE WILL NOT BE
REVIEWED OR CONSIDERED FOR A WARD.
F. Intergovernmental Review
Program Not Subject to Executive Order 12372
· This program is not subject to Executive Order 12372 - Intergovernmental Review of
Federal Programs.
G. Funding Restrictions
Cost Principles. Costs must be allowable in accordance with the applicable Federal cost
principles referenced in 10 CFR Pmt 600. The cost principles for commercial organization
Page 34 of 72
are in FAR Par131.
Pre-award Costs. Recipients may charge to an award resulting from this announcement pre-
award costs that were incurred within the ninety (90) calendar day period immediately
preceding the effective date of the award, if the costs are allowable in accordance with the
applicable Federal cost principles referenced in 10 CFR pm1600. Recipients must obtain the
prior approval of the contracting officer for any pre-award costs that are for periods greater
than this 90 day calendar period.
Pre-award costs are incurred at the applicant's risk. DOE is under no obligation to reimburse
such costs if for any reason the applicant does not receive an award or if the award is made
for a lesser amount than the applicant expected.
If recipients are State or Local Governments, they may not incur pre-award costs prior to
award, without prior approval of the DOE contracting officer.
H. Submission and Registration Requirements
1. Where to Submit
APPLICA TIONS MUST BE SUBMITTED THROUGH GRANTS.GOV. TO BE
CONSIDERED FOR A WARD UNDER THIS ANNOUNCEMENT. You cannot submit
an application through Grants.gov unless you are registered. Please read the registration
requirements below carefully and start the process immediately. Submit electronic
applications through the "Apply for Grants" function at www.Grants.gov.
If you have problems completing the registration process or submitting your application, call
Grants.gov at 1-800-518-4726 (7:00 a.m. to 9:00 p.m., Eastern) or send an email to
support@grants.gov. It is the responsibility of the applicant to verify successful
transmission, prior to the Application due date and time.
2. Registration Process Requirements
To submit an application in response to this FOA, Applicants must be registered with
Grants.gov. Register in Grants.gov at http://www.grants.gov/. See the Organization
Registration User Guide at http://www.grants.gov/assets/OrgRegUserGuide.pdf.
The Applicant User Guide is at http://www07.grants.gov/assets/ApplicantUserGuide.pdf.
Allow at least 21 days to complete all registration requirements.
Before you can register with Grants.gov, you will need the following:
a. Your organization's Dun and Bradstreet Data Universal Numbering System (DUNS)
(including plus 4 extension if applicable). To check whether your organization has a
DUNS or if your organization requires a DUNS, search for the number or request one
at http://fedgov.dnb.com/webform/displayHomePage.do.
b. A federal Central Contractor Registration (CCR) account. If your organization is not
currently registered with CCR, please register at www.ccr.gov before continuing with
your Grants.gov registration. Designating an Electronic Business Point of Contact
Page 35 of 72
(EBiz POC) and obtaining a special password called an MPIN are impoltant steps in
CCR registration. These items are needed to submit applications in Grants.gov.
Update your CCR registration annually.
c. Registration in FedConnect at https://www.fedconnect.net/; use "Register as a
Vendor" link. To create an organization account, your organization's CCR MPIN is
required; obtain the MPIN from your organization's Electronic Business Point of
Contact. Refer to the FedConnect Quick Start guide at the website
3. Electronic Authorization of Applications and Award Documents
Submission of an application and supplemental information under this announcement
through electronic systems used by the Depmtment of Energy, including Grants.gov and
FedConnect, constitutes the authorized representative's approval and electronic signature.
Submission of award documents, including modifications, through electronic systems used
by the Department of Energy, including FedConnect, constitutes the authorized
representative's approval and acceptance of the terms and ~onditions of the award. Award
acknowledgement via FedConnect constitutes the authorized representative's electronic
signature.
Page 36 of 72
SECTION V - APPLICATION REVIEW INFORMATION
A. Criteria
1. Initial Review Criteria
Application A ward Eligibility for both Topic 1 and 2
· Prior to a comprehensive merit evaluation, DOE will perform an initial review to
determine that (1) the applicant is eligible for an award; (2) the information required
by the announcement has been submitted; (3) all mandatory requirements are
satisfied; and (4) the proposed project is responsive to the objectives of the funding
opportunity announcement. If an application fails to meet these requirements, it may
be deemed non-responsive and eliminated from full Merit Review.
The following proposed activities will be deemed non-responsive during the initial
compliance review and eliminated from full Merit Review:
· Programs that fall under uses of funds as described in 42 U.S.c. 17154(1)-(2),(14):
Development and implementation of an energy efficiency and conservation strategy;
Technical consultant services to assist the eligible entity in the development of the
energy efficiency and conservation strategy; and any other appropriate activity, as
determined by the Secretary of Energy, in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Transportation and the Secretary
of Housing and Urban Development
· Programs for the design and construction of new energy-efficient buildings.
· Technology demonstration programs without market transformation.
· Programs which focus exclusively or largely on renewable energy technologies for
buildings (without integrating comprehensive energy efficiency and conservation
activities).
. For Topic 1 only, programs that do not specifically target building retrofits.
2. Merit Review Criteria
Applications will be evaluated against the merit review criteria shown below.
Topic 1
Criterion 1: Leveraging and Sustainability Weight: 25%
· The extent to which the proposed activity leverages EECBG grant dollars, especially
through innovative financial and fiscal tools and strategies.
. The extent to which the proposed project will create meaningful and sustainable
market transformation, particularly after grant monies are exhausted.
Criterion 2: Project Impact
Weight: 25%
Page 37 of 72
· The extent to which the proposed project achieves the goal of benefiting from
economies of scale and critical mass in a focused building retrofit program, while
mitigating possible risks of increased mortgage defaults or foreclosures through
measures such as those outlined in the "Policy Framework for PACE Loan Programs"
documents (see http://www.whitehouse.gov/administrationJeop/ceQI).
· The expected quantitative impact of the proposed project in terms of energy saved and
emissions avoided. The reasonableness of projections of number of buildings
retrofitted in the project period and in the out years (past project completion, plus years
1 to 3) in light of the EECBG budget requested. The reasonableness of projections of
average utility savings. (See Impact Table in Appendix G.)
· The extent to which the program or project strategy can be adopted or replicated by
other communities.
Criterion 3: Project Approach Weight: 25%
· The soundness of the project's management strategy, including specifics of the
outreach/marketing strategy, the funding structure, the implementation/delivery plan,
the monitoring/verification plan and the strategy fo~ feedback and continuous
improvement of the program during its operation. .
· The extent to which the proposal contains clear goals, well-defined tasks and
methods, objective deliverables, and realistic milestones.
· The extent to which institutional, regulatory, or market barriers have been identified
and the project includes reasonable approaches to overcoming those barriers.
· The degree to which the application demonstrates a plan to address all environmental,
health and safety, permitting, and compliance issues, sufficient to support DOE's
review and analysis in accordance with the National Environmental Policy Act
(NEPA).
Criterion 4: Partnership Structure and Capabilities Weight: 25%
· The extent of involvement from a broad range of entities/organizations representing
government agencies, private sector entities, and other organizations.
· The extent to which roles and responsibilities of each partner/team member have been
identified and are reasonably matched to their ability to successfully manage and
implement the proposed project.
· The ability of the project team to complete the work successfully, including
qualifications and relevant experience of key organizations and personnel.
Topic 2
Criterion 1: Project Impact Weight: 50%
· The expected quantitative impact of the proposed project in terms of energy saved
and emissions avoided as reported in the Project Impact Table in the project period
and in the out years (past project completion, plus years 1 to 3) in light of the EECBG
budget requested and the reasonableness of assumptions made.
· The extent to which the proposed activity leverages EECBG grant dollars.
· The extent to which the proposed project will create meaningful and sustainable
market transformation (e.g. project is scaleable and replicable), particularly after
grant monies are exhausted.
Page 38 ofn
· The extent to which the proposed activity is innovative or represents a new approach
to the purposes of the EECBG program.
Criterion 2: Project Approach Weight: 25%
· The soundness of the project's management strategy, including specifics of the
outreach/marketing strategy, the funding structure, the implementation/delivery plan,
and the monitoring/verification plan and the strategy for feedback and continuous
improvement of the program during its operation.
· The degree to which the proposal contains clear goals, well-defined tasks and
methods, realistic milestones, schedule and achievable deliverables and outcomes.
· The extent to which institutional, regulatory, or market barriers have been identified
and the project includes reasonable approaches to overcoming those barriers.
· The application demonstrates a plan to address all environmental, health and safety,
permitting, and compliance issues, sufficient to SUPPOlt DOE's review and analysis in
accordance with the National Environmental Policy Act (NEP A).
Criterion 3: Partnership Structure and Capabilities. Weight: 25%
· The extent of involvement from a broad range of entities/organizations representing
government agencies, pri vate sector entities, and other organizations.
· The extent to which roles and responsibilities of each partner/team member have been
identified and are reasonably matched to their ability to successfully manage and
implement the proposed project
· The adequacy of the credentials, capabilities and experience of key personnel/team
members.
3. Other Selection Factors
Program Policy Factors
The selection official may consider the following program policy factors in the selection
process:
Topic 1
· Diversity of awards, including multiple locations, climates, and program structures.
· Impact on reducing property owners' risk of loan default by reducing energy bills.
· Adoption of updated building codes. This applies only to prime applicants that have
the authority to adopt building codes and have adopted the following by the close date
of the FaA:
o A building energy code (or codes) for residential buildings that meets or
exceeds the most recently published International Energy Conservation Code,
or achieves equivalent or greater energy savings; and
o A building energy code (or codes) for commercial buildings that meets or
exceeds the most recently published ANSI/ASHRAE/IESNA Standard 90.1,
or achieves equivalent or greater energy savings.
Page 39 of 72
· Selection of Applications which promote and enhance the objectives of the American
Recovery and Reinvestment Act of 2009, P.L 111-5, especially job creation, and/or
preservation and economic recovery in an expeditious manner.
· Consideration of the impact on, and benefits to, a diversity of communities, including
low-income and rural communities.
Topic 2
· Diversity of awards, including multiple locations, climates, and program structures.
· Selection of Applications from local governments located in states with populations
of less than 2 million people, or that plan to carry out projects that would result in
significant energy efficiency improvements or reductions in fossil fuel use.
· Selection of Applications which promote and enhance the objectives of the American
Recovery and Reinvestment Act of 2009, P.L. 111-5, especially job creation, and/or
preservation and economic recovery in an expeditious manner.
· Consideration of the impact on, and benefits to, a diversity of communities, including
low-income and rural communities.
B. Review and Selection Process
1. Merit Review
Applications Subject to Merit Review
Applications that pass the initial review will be subjected to a merit review in accordance
with the guidance provided in the"Department of Energy Merit Review Guide for
Financial Assistance". This guide is available at:
hUp:/ /www.management.energy.gov/documents/meritrev . pdf.
It is very important the Project Abstract and Project Narrative files not contain any
Personally Identifiable Information, as described in Appendix B.
2. Selection
Selection Official Consideration
The Selection Official may consider the merit review recommendation, program policy
factors, and the amount of funds available.
3. Discussions and A ward
Government Discussions with Applicant
The Government may enter into discussions with a selected applicant for any reason
deemed necessary, including, but not limited to: (1) the budget is not appropriate or
Page 40 of 72
reasonable for the requirement; (2) only a portion of the application is selected for award;
(3) the Government needs additional information to determine that the recipient is
capable of complying with the requirements in 10 CFR part 600; and/or (4) special terms
and conditions are required. Failure to resolve satisfactorily the issues identified by the
Government will preclude award to the applicant.
C. Anticipated Notice of Selection and A ward Dates
Selection and A ward Date
DOE anticipates notifying applicants selected for award by March 15, 2010 and making
awards by May 15, 2010.
Page 41 of72
SECTION VI - AWARD ADMINISTRATION INFORMATION
A. Award Notices
1. Notice of Selection
Selected Applicants Notification
DOE will notify applicants selected for award. This notice of selection is not an
authorization to begin performance. (See Section IV.G with respect to the allowability of
pre-award costs.)
Non-selected Notification
Organizations whose applications have not been selected will be advised as promptly as
possible. This notice will explain why the application was not selected.
2. Notice of A ward
A Financial Assistance Award or Assistance Agreement issued by the contracting officer
is the authorizing award document. It normally includes, either as an attachment or by
reference: (1) Special Terms and Conditions; (2) Applicable program regulations, if any;
(3) Application as approved by DOE; (4) DOE assistance regulations at 10 CFR part 600;
(5) National Policy Assurances To Be Incorporated As Award Terms; (6) Budget
Summary; and (7) Federal Assistance Rep0l1ing Checklist, which identifies the reporting
requirements.
For grants and cooperative agreements made to universities, non-profits and other entities
subject to OMB Circular A-t1O, the Award also includes the Research Terms and
Conditions and the DOE Agency Specific Requirements located at:
hUp:/ /www.nsf.govlbfa/dias/policy/rtc/index. isp.
B. Administrative and National Policy Requirements
1. Administrative Requirements
The administrative requirements for DOE grants and cooperative agreements are
contained in 10 CFR part 600 (See: http://ecfr.gpoaccess.gov). Grants and cooperative
agreements made to universities, non-profits and other entities subject to OMB Circular
A-110 are subject to the Research Terms and Conditions located on the National Science
Foundation web site at: http://www.nsf.bfa/dias/policy/rtc/index.jsp.
2. Special Terms and Conditions and National Policy Requirements
The DOE Special Terms and Conditions for Use in Most Grants and Cooperative
Agreements are located at
hUp://management.energY.gov/business doelbusiness forms.htm
hUp:/ /www.management.energy.gov /documents/ specialtermsandcondi tion308. pdf.
The National Policy Assurances To Be Incorporated As Award Terms are located at
Page 42 of 72
hup:l/ management.energy .gov /business doe/business forms.htm
http://management.energy.gov/businessdoe/1374.htm.
3. Intellectual Property Provisions
The standard DOE financial assistance intellectual property provisions applicable to the
various types of recipients are located at
hUp:/lwww.gc.doe.gov/financialassistanceawards.htm.
4. American Recovery and Reinvestment Act 2009 Award Administration Information
· Special Provisions relating to work funded under American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5 shall apply. (Special Provisions are located
at: http://management.energy.gov/businessdoe/businessforms.htm.) Also, the
Office of Management and Budget may be promulgating additional provisions or
modifying existing provisions. Those additions and modifications will be
incorporated into the Special Provisions as they become available.
· The Special Notices and current award provisions from OMB's guidance for
implementing the Recovery Act at 2 CFR Part 176 are incorporated in this FOA in
Appendix E.
c. Reporting
Reporting requirements are identified on the Federal Assistance Rep0l1ing Checklist, DOE F
4600.2, attached to the award agreement. For a sample Checklist, see
http://management.energy . gov /documentslDOEF46002Policy Version .pdf.
Awards under this FaA will be funded, in whole or in part, with funds appropriated by the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act or Act).
Be advised that Recovery Act reporting requirements may apply to projects funded by the
Act. The reporting requirements will be specified in the DOE F 4600.2 or other related
Recovery Act guidance as they become available.
Page 43 of72
SECTION VII - QUESTIONS/AGENCY CONTACTS
A. Questions
Questions regarding the content of the announcement must be submitted through the
FedConnect system. You must register with FedConnect to respond as an interested party
to submit questions, and to review responses to questions. It is recommended that you
register as soon after release of the FOA as possible to have the benefit of all responses.
More information is available at:
https://www.fedconnect.net/Fedconnect/PublicPageslFedConnect Ready Set Go.pdf.
DOE will try to respond to a question within 3 business days, unless a similar question and
answer have already been posted on the website.
Questions pertaining to the submission of applications through Grants.gov should be
directed bye-mail to support@grants.gov or by phone to 1-800-518-4726. The Grants.gov
Helpdesk is available 7:00 a.m. to 9:00 p.m. Eastern Time..
Page 44 of 72
SECTION VIII - OTHER INFORMATION
A. Modifications
Notices of any modifications to this announcement will be posted on Grants.gov. When you
download the application at Grants.gov, you can register to receive notifications of changes
through Grants.gov.
Notices of any modifications to this announcement will also be available in the FedConnect
system. You can receive an email when a modification or an announcement message is
posted by registering with FedConnect as an interested par1y for this FaA. It is
recommended that you register as soon after the release of the FaA as possible to ensure you
receive timely notice of any modifications or other announcements. More information is
available at http://www.fedconnect.net and
https:/lwww Jedconnect.netlFedconnectlPublicPages/FedConnect Readv Set Go.pdf
B. Government Right to Reject or Negotiate
DOE reserves the right, without qualification, to reject any or all applications received in
response to this announcement and to select any application, in whole or in part, as a basis
for negotiation and/or award.
C. Commitment of Public Funds
The Contracting Officer is the only individual who can make awards or commit the
Government to the expenditure of public funds. A commitment by other than the
Contracting Officer, either explicit or implied, is invalid.
D. Proprietary Application Information
Patentable ideas, trade secrets, proprietary or confidential commercial or financial
information, disclosure of which may harm the applicant, should be included in an
application only when such information is necessary to convey an understanding of the
proposed project. The use and disclosure of such data may be restricted, provided the
applicant includes the following legend on the first page of the project narrative and specifies
the pages of the application which are to be restricted:
"The data contained in pages _ of this application have been submitted in confidence
and contain trade secrets or proprietary information, and such data shall be used or disclosed
only for evaluation purposes, provided that if this applicant receives an award as a result of
or in connection with the submission of this application, DOE shall have the right to use or
disclose the data herein to the extent provided in the award. This restriction does not limit
the government's right to use or disclose data obtained without restriction from any source,
including the applicant."
To protect such data, each line or paragraph on the pages containing such data must be
specifically identified and marked with a legend similar to the following:
Page 45 of72
"The following contains proprietary information that (name of applicant) requests not be
released to persons outside the Government, except for purposes of review and evaluation."
E. Evaluation and Administration by Non-Federal Personnel
In conducting the merit review evaluation, the Government may seek the advice of qualified
non-Federal personnel as reviewers. The Government may also use non-Federal personnel to
conduct routine, nondiscretionary administrative activities. The applicant, by submitting its
application, consents to the use of non-Federal reviewers/administrators. Non-Federal
reviewers must sign conflict of interest and non-disclosure agreements prior to reviewing an
application. Non-Federal personnel conducting administrative activities must sign a non-
disclosure agreement.
F. Intellectual Property Developed Under This Program
Patent Rights. The government will have certain statutory rights in an invention that is
conceived or first actually reduced to practice under a DOE award. 42 U.S.C. 5908 provides
that title to such inventions vests in the United States, except where 35 U.S.c. 202 provides
otherwise for nonprofit organizations or small business firms. However, the Secretary of
Energy may waive all or any part of the rights of the United States subject to certain
conditions. (See "Notice of Right to Request Patent Waiver" in paragraph G below.)
Rights in Technical Data. Normally, the government has unlimited rights in technical data
created under a DOE agreement. Delivery or third party licensing of proprietary software or
data developed solely at private expense will not normally be required except as specifically
negotiated in a particular agreement to satisfy DOE's own needs or to insure the
commercialization of technology developed under a DOE agreement.
G. Notice Of Right To Request Patent Waiver
Patent Rights. The government will have certain statutory rights in an invention that is
conceived or first actually reduced to practice under a DOE award. The Bayh-Dole Act (35
U.S.c. 202) ensures that a domestic small business, university or a non-profit awardee will
have the option to retain title to their own inventions, subject to the Government retaining a
government purpose license, march-in rights and a U.S. preference in licensing. The patent
clause that will apply may be found at 10 C.F.R. Patt 600 Appendix A to Subpart D,
PATENT RIGHTS-SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS.
For awardees that are not subject to the Bayh-Dole Act, 42 U.S.C. 5908 provides that title to
such inventions vests in the United States, unless DOE grants a patent waiver pursuant to 10
CFR 784. A patent waiver provides that those awardees that are not subject to the Bayh-
Dole Act will also have the option to retain title to their own inventions, subject to the same
government retained rights identified above and they agree to substantially manufacture new
technology created under an award resulting from this FaA in the U.S. or provide other
economic benefits to the U.S. The patent clause that will apply may be found at
http://www.gc.doe.gov/documents/patwaivclau.pdf. Those entities which are not subject to
Bayh-Dole may request a waiver of all or any part of the rights of the United States in
inventions conceived or first actually reduced to practice in performance of an agreement as a
result of this announcement, in advance of or within 30 days after the effective date of the
award. Even if such advance waiver is not requested or the request is denied, the recipient
Page 46 of 72
wilJ have a continuing right under the award to request a waiver of the rights of the United
States in the title to identified inventions, i.e., individual inventions conceived or first
actually reduced to practice in performance of the award. Any individual patent waiver that
may be granted is subject to certain terms and conditions in 10 CFR 784;
http://www.gc.doe.gov/documents/patwaivclau.pdf.
H. Notice of Right to Conduct a Review of Financial Capability
DOE reserves the right to conduct an independent third party review of financial capability
for applicants that are selected for negotiation of award (including personal credit
information of principal(s) of a small business if there is insufficient information to
determine financial capability of the organization).
I. Notice of Potential Disclosure under Freedom of Information Act
Applicants should be advised that identifying information regarding all applicants, including
applicant names and/or points of contact, may be subject to public disclosure under the
Freedom of Information Act, whether or not such applicants are selected for negotiation of
award.
Page 47 of 72
REFERENCE MATERIAL
Appendix A - Definitions
"Amendment" means a revision to a Funding Opportunity Announcement
"Applicant" means the legal entity or individual signing the Application. This entity or
individual may be one organization or a single entity representing a group of organizations (such
as a Consortium) that has chosen to submit a single Application in response to a Funding
Opportunity Announcement.
"Application" means the documentation submitted in response to a Funding Opportunity
Announcement.
"Authorized Organization Representative (AOR)" is the person with assigned privileges who
is authorized to submit grant applications through Grants.gov on behalf of an organization. The
privileges are assigned by the organization's E-Business Point of Contact designated in the CCR.
"Award" means the written documentation executed by a DOE Contracting Officer, after an
Applicant is selected, which contains the negotiated terms and conditions for providing Financial
Assistance to the Applicant. A Financial Assistance A ward may be either a Grant or a
Cooperati ve Agreement.
"Budget" means the cost expenditure plan submitted in the Application, including both the DOE
contribution and the App'licant Cost Share.
"Central Contractor Registration (CCRY' is the primary database which collects, validates,
stores and disseminates data in support of agency missions. Funding Opportunity
Announcements which require application submission through FedConnect or Grants.gov require
that the organization first be registered in the CCR at htto:/Iwww.grants.gov/CCRRegister.
"Consortium (plural consortia)" means the group of organizations or individuals that have
chosen to submit a single Application in response to a Funding Opportunity Announcement.
"Contracting Officer" means the DOE official authorized to execute Awards on behalf of DOE
and who is responsible for the business management and non-program aspects of the Financial
Assistance process.
"Cooperative Agreement" means a Financial Assistance instrument used by DOE to transfer
money or property when the principal purpose of the transaction is to accomplish a public
purpose of support or stimulation authorized by Federal statute, and Substantial Involvement (see
definition below) is anticipated between DOE and the Applicant during the performance of the
contemplated activity.
"Cost Sharing" means the respective share of Total Project Costs to be contributed by the
Applicant and by DOE. The percentage of Applicant Cost Share is to be applied to the Total
Project Cost (i.e., the sum of Applicant plus DOE Cost Shares) rather than to the DOE
contribution alone.
Page 48 of 72
"Credential Provider" is an organization that validates the electronic identity of an individual
through electronic credentials, PINS, and passwords for Grants.gov and FedConnect. Funding
Opportunity Announcements which require application submission through Grants.gov require
that the individual applying on behalf of an organization first be registered with the Credential
Provider at https:/Iapplv.grants.gov/OrcRegister.
"Data Universal Numbering System (DUNS) Number" is a unique nine-character
identification number issued by Dun and Bradstreet (D&B). Organizations must have a DUNS
number prior to registering in the CCR. Call 1-866-705-5711 to receive one free of charge.
http://www.grants.gov/applicants/request duns number.isp
"EwBusiness Point of Contact (POC)" is the individual who is designated as the Electronic
Business Point of Contact in the CCR registration. This person is the sole authority of the
organization with the capability of designating or revoking an individual's ability to conduct
CCR transactions.
"E~Find" is a Grants.gov webpage where you can search for Federal Funding Opportunities in
FedGrants. http://www.grants.gov/search/searchHome.do
"Financial Assistance" means the transfer of money or property to an Applicant or Participant to
accomplish a public purpose of support authorized by Federal statute through Grants or
Cooperative Agreements and sub-awards. For DOE, it does not include direct loans, loan
guarantees, price guarantees, purchase agreements, Cooperative Research and Development
Agreements (CRADAs),or any other type of financial incentive instrument.
"Fed Connect" is where federal agencies post opportunities and make awards via the web. Any
Applicant can view public postings without registering. However, registered users have
numerous added benefits including the ability to electronically submit Applications / Responses
to the government directly through this site. https://www.fedconnect.net/FedConnect/
"Federally Funded Research and Development Center (FFRDC)" means a research
laboratory as defined by Federal Acquisition Regulation 35.017.
"Funding Opportunity Announcement (FOA)" is a publicly available document by which a
Federal agency makes known its intentions to award discretionary grants or cooperative
agreements, usually as a result of competition for funds. Funding opportunity announcements
may be known as program announcements, notices of funding availability, solicitations, or other
names depending on the agency and type of program.
IIGrantrr means a Financial Assistance instrument used by DOE to transfer money or property
when the principal purpose of the transaction is to accomplish a public purpose of support or
stimulation authorized by Federal statute, and no Substantial Involvement is anticipated between
DOE and the Applicant during the performance of the contemplated activity.
"Grants.gov" is the "storefront" web portal which allows organizations to electronically find
grant opportunities from all Federal grant-making agencies. Grants.gov is THE single access
point for over 900 grant programs offered by the 26 Federal grant-making agencies.
http://www.grants.gov
Page 49 of 72
"Indian Tribe" means any Indian tribe, band, nation, or other organized group or community,
including Alaska Native village or regional or village corporation, as defined in or established
pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688)[43 U.S.c. ~ 1601 et seq.],
which are recognized as eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
"Key Personnel" mean the individuals who will have significant roles in planning and
implementing the proposed Project on the part of the Applicant and Participants, including
FFRDCs.
''Marketing Partner Identification Number (MPIN)" is a very important password designated
by your organization when registering in CCR. The E-Business Point of Contact will need the
MPIN to assign privileges to the individual(s) authorized to perform CCR transactions on behalf
of your organization. The MPIN must have 9 digits containing at least one alpha character
(must be in capital letters) and one number (no spaces or special characters permitted).
"Participant" for purposes of this Funding Opportunity Announcement only, means any entity,
except the Applicant substantially involved in a Consortium, or other business arrangement
(including all parties to the Application at any tier), responding to the Funding Opportunity
Announcement.
"Principal Investigator" refers to the technical point of contact/Project Manager for a specific
project award.
"Project" means the set of activities described in an Application, State plan, or other document
that is approved by DOE for Financial Assistance (whether such Financial Assistance represents
all or only a portion of the support necessary to carry out those activities).
"Proposal" is the term used to describe the documentation submitted in response to a Funding
Opportunity Announcement. Also see Application.
"Recipient" means the organization, individual, or other entity that receives a Financial
Assistance Award from DOE, is financially accountable for the use of any DOE funds or
property provided for the performance of the Project, and is legally responsible for carrying out
the terms and condition of the award.
"Selection" means the determination by the DOE Selection Official that negotiations take place
for certain Projects with the intent of awarding a Financial Assistance instrument.
"Selection Official" means the DOE official designated to select Applications for negotiation
toward Award under a subject Funding Opportunity Announcement.
"State-recognized Indian Tribe" means a Native American tribe located within the contiguous
48 States or Alaska that is not Federally recognized pursuant to section 4 of the Indian Self-
Determination and Education Assistance Act (42 USC 450b), but is formally recognized as
having self-governance authority by one or more individual States in which it resides.
Page 50 orn
"Substantial Involvement" means involvement on the part of the Government. DOE's
invol vement may include shared responsibility for the pelformance of the Project; providing
technical assistance or guidance which the Applicant is to follow; and the right to intervene in
the conduct or performance of the Project. Such involvement will be negotiated with each
Applicant prior to signing any agreement.
"Total Project Cost" means all the funds to complete the effort proposed by the Applicant,
including DOE funds (including direct funding of any FFRDC) plus all other funds that will be
committed by the Applicant as Cost Sharing.
"Tribal Energy Resource Development Organization or Group" means an "organization" of
two or more entities, at least one of which is an Indian Tribe (see "Indian Tribe" above) that has
the written consent of the governing bodies of all Indian Tribes participating in the organization
to apply for a grant or loan, or other assistance under 25 V.S.C. So 3503.
Page 51 of72
Appendix B - Personally Identifiable Information
In responding to this Announcement, Applicants must ensure that Protected Personally
Identifiable Information (PII) is not included in the following documents: Project Abstract,
Project Narrative, Biographical Sketches, Budget or Budget Justification. These documents will
be used by the Merit Review Committee in the review process to evaluate each application. PII
is defined by the Office of Management and Budget (OMB) and DOE as:
Any information about an individual maintained by an agency, including but not limited to,
education, financial transactions, medical history, and criminal or employment history and
information that can be used to distinguish or trace an individual's identity, such as their
name, social security number, date and place of birth, mother's maiden name, biometric
records, etc., including any other personal information that is linked or linkable to an
individual.
This definition ofPII can be further defined as: (1) Public PIT and (2) Protected PII.
a. Public PH: PH found in public sources such as telephone books, public websites,
business cards, university listing, etc. Public PIT includes first and last name, address,
work telephone number, email address, home telephone number, and general education
credentials.
b. Protected PH: PH that requires enhanced protection. This information includes data that
if compromised ~ould cause harm to an individual such as identity theft.
Listed below are examples of Protected PH that Applicants must not include in the files listed
above to be evaluated by the Merit Review Committee.
· Social Security Numbers in any form
· Place of Birth associated with an individual
· Date of Birth associated with an individual
· Mother's maiden name associated with an individual
· Biometric record associated with an individual
. Fingerprint
· Iris scan
· DNA
. Medical history information associated with an individual
· Medical conditions, including history of disease
· Metric information, e.g. weight, height, blood pressure
· Criminal history associated with an individual
· Employment history and other employment information associated with an individual
. Ratings
· Disciplinary actions
· Performance elements and standards (or work expectations) are PH when they are so
intertwined with performance appraisals that their disclosure would reveal an individual's
performance appraisal
· Financial information associated with an individual
Page 52 of 72
. Credit card numbers
· Bank account numbers
. Security clearance history or related information (not including actual clearances held)
Listed below are examples of Public PH that Applicants may include in the files listed above to
be evaluated by the Merit Review Committee:
· Phone numbers (work, home, cell)
· Street addresses (work and personal)
· Email addresses (work and personal)
· Digital pictures
· Medical information included in a health or safety report
. Employment information that is not PIT even when associated with a name
· Resumes, unless they include a Social Security Number
· Present and past position titles and occupational series
· Present and past grades
· Present and past annual salary rates (including perform~nce awards or bonuses, incenti ve
awards, merit pay amount, Meritorious or Distinguished Executive Ranks, and
allowances and differentials)
· Present and past duty stations and organization of assignment (includes room and phone
numbers, organization designations, work email address, or other identifying information
regarding buildings, room numbers, or places of employment)
· Position descriptions, identification of job elements, and those performance standards
(but not actual performance appraisals) that the release of which would not interfere with
law enforcement programs or severely inhibit agency effectiveness
· Security clearances held
· Written biographies (e.g. to be used in a program describing a speaker)
· Academic credentials
· Schools attended
· Major or area of study
· Personal information stored by individuals about themselves on their assigned
workstation or laptop unless it contains a Social Security Number
Page 53 of 72
Appendix C - NEPA FORM For Completion
U.S. DEPARTMENT OF ENERGY
The Department of Energy (DOE) is required by the National Environmental Policy Act (NEPA) of 1969
as amended (42 US.C. 4332(2), 40 CFR parts 1500-1508) and DOE implementing regulations (10 CFR
1021) to consider the environmental effects resulting from federal actions, including providing financial
assistance. Please provide the following information to facilitate DOE's environmental review.
PART I:
General Information
Title:
FOA Number:
.L Please describe the intended use of DOE funding in your proposed plan. For example, would the
funding be applied to the entire project or only support a phase of the project? Describe the activity as
specifically as possible, i.e. planning, feasibility study, design, data analysis, education or outreach
activities, construction, capital purchase and/or equipment installation or modification.
2. Does any part of your project require review and/or permitting by any other federal, state,
regional, local, environmental, or regulatory agency? DYes D No
3. Has any review (e.g., NEPA documentation, permits, agency consultations) been completed?
D YesD No
If yes, is a finding or report available and how can a copy be obtained?
4. Provide information about the potential environmental issues, concerns, and impacts associated with
your proposal. Please provide as much detail as possible in the following areas: specifics of proposed
activities, project locations, size, layout, commitments to waste management and historic preservation. If
project specific information is unknown, describe your plan for obtaining this information.
Page 54 orn
Appendix D - Budget Justification
Using the "Object Class Categories" in the SF-424A Budget form, justify the costs in each category for
each budget period of the project.
The SF424A Budget form and the Budget Justification must include both Federal (DOE), and Non-
Federal (cost share) funds, thereby reflecting TOTAL PROJECT COSTS proposed.
For each sub-recipient with total project costs of $100,000 or more, a separate SF-424A budget and
budget justification form must be submitted. For sub-recipients with estimated costs less than $100,000,
provide what Statement of Project Objectives task(s) are being performed, the purpose/need for the effort,
and a basis of the estimated costs that is considered sufficient for DOE evaluation.
All costs incurred by the Applicant's sub-recipients, vendors, contractors, consultants and Federal
Research and Development Centers (FFRDCs), should be entered only in section f. Contractual. All
other sections are for the costs of the Applicant only.
Personnel
List costs solely for employees of the Applicant. Identify positions to be supported. Key personnel
should be identified by title. All other personnel should be identified either by title or a group category.
State the amounts of time (e.g., hours or % of time) to be expended, the composite base pay rate, total
direct personnel compensation and identify the rate basis (e.g., actual salary, labor distribution report,
technical estimate, state civil service rates, etc.). Identify the number of employees (on a Full Time
Equivalent) that will be employed in each position or group category. Note the prevailing wage
requirements in the ARRA (P.L. 111-5). See example below.
Task '# nnd. Tille Po~i[inn Title Budget Period I Budgel Period 2 auds~t Period 3 Pwj;,-.:c Projecl Rme
IT.otu] ToO''''] Basis
Hout.s Dollm-.'l
Time P.y TQ(;JI Time Poy Totn1 Tlme Poy T(lwl
(Hou!>] Rmc:: Budgc~t (Hou,,) Rale Budget (Hours Ral. Budget
(Slflr) Period] (SlHr) P-criod ] [SlHr) Period
2 3
Ta...k L - Ta~k NJrne Sr. Engin~r 2000 585.00 SI70.000 200 S50.0 SIO,OO 200 550.0 510.000 2400 5l90.000 Actual
[l] 0 0 0 S.lory
Til.~k 2 - Ta~k N:lnte Proc-c.'i..... 6200 535.00 S2 I 7.000 400 535.0 S14,00 600 S35.0 521.000 7200 S252.000 Actual
engineers (3) 0 0 0 S.lory
Til.Sk 3 - Til...:.k N~me T.echnicinn 1800 52MO 536.000 0 50.00 SO 0 SO,OO SO 1800 536.000 Actual
(1) Salary
Fringe
A federally approved fringe benefit rate agreement, or a proposed rate supported and agreed upon by
DOE for estimating purposes is required if reimbursement for fringe benefits is requested. If a fringe
benefit rate has been negotiated with, or approved by, a federal government agency, a copy of the latest
rate agreement must be included with this application. If there is not a current, federally approved rate
agreement negotiated and available, provide a copy of the proposal with the application. If selected, the
rate agreement will be finalized during award negotiations. Calculate the fringe rate and enter the total
amount in Section B, line 6.b. ("Fringe Benefits") of form SF-424A.
IMPORTANT: Provide all fringe rates, along with a complete explanation and the full calculations used
to deri ve the total fringe costs. If the total fringe costs are a cumulative amount of more than one
Page 55 of 72
calculation or rate application, the explanation and calculations should identify all rates used, along with
the base they were applied to (and how the base was derived), and a total for each (along with grand
total). The rates and how they are applied should not be averaged to get one fringe rate. NOTE: The
fringe rate should be applied to both the Federal Share and Recipient Cost Share.
Travel
See example of travel detail below. Identify total Foreign and Domestic Travel as separate items.
Purpose of travel are items such as professional conferences, DOE sponsored meetings, project
management meetings, etc. Identify number of travelers, estimated cost per traveler, and duration of trip.
The Basis for Estimating Costs could be items such as past trips, current quotations, Federal Travel
Regulations, etc. All listed travel must be necessary for performance of the Statement of Project
Objectives. NOTE: All projects should include travel for 1-2 travelers to a DOE project review during
each year of the project. Each review will take approximately 2-3 days.
P'urposc of llil"i"cl No. orTr,n"eLcrs Dcpurt from DcslinutJon No. of Cost per Cusl per 81l5is ror EslimalJng
Dnys Tr..n:elcr Trip C""ls
Budget Period 1
Durnestic Tr.n'cL
Vi:iit 10 r-ea-clor mfr. 10 set up \.'Cnd(lT 2 OCn\'<:r CO D.allnsTX 2 5650 SI,3oo Lmernel prices
agreement
Dome~tic- Tra\'cl :!:;ublOl~L SI,3oo
IIiEcrnolional Tralo"cl
Visit 10 Icdmology provider to 2 Dcmrcr CO Be-din Germany ~ $4.000 S8,000 Pn,;\-'inu~ ~"pcri~llc~
-eliscuss lP nr:\!.Tcemc:nt
InlcrllMi.on.a1 Tra....el subtO[.(l1 S8,000
Budget Period I Total $9,300
(repent as nccc.ssaQ' for each !Judgel Period)
Equipment
Equipment is generally defined as an item with an acquisition cost greater than $5,000 and a useful life
expectancy of more than one year. All proposed equipment should be identified, providing a basis of cost
such as vendor quotes, catalog prices, prior invoices, etc., and briefly justifying its need as it applies to the
Statement of Project Objecti ves. If it is existing equipment, and the value of its contribution to the project
budget is being shown as cost share, provide logical support for the estimated value shown. If it is new
equipment which will retain a useful life upon completion of the project, provide logical support for the
estimated value shown. For equipment over $50,000 in price, also include a copy of the associated
vendor quote or catalog price list. See example below.
Equ~p:menl [{en) Q'y Unit Total CO~l-L Basis ofCo;st Jus.lificil.tion of need
Cost
Budgel Peri-od ]
EXAMPLE ONL Yi!i ThcrnL1L shock chamber 2 S20.UOO 540,Uoo Vendor Quote Reliability lesting of PV module=,. Task 4.3
Budgel Perind I Taul S40.oo0
(repeal as necessary for each Budge:l Period)
Supplies
Supplies are generally defined as an item with an acquisition cost of $5,000 or less and a lIsefullife
Page 56 of 72
expectancy of less than one year. Supplies are generally consumed during the project performance.
Further definitions can be found in 10 CFR 600.
Proposed supplies should be identified, providing a basis of cost such as vendor quotes, catalog prices,
prior invoices, etc., and briefly justifying the need for the Supplies as they apply to the Statement of
Project Objectives. Note that Supply items must be direct costs to the project at this budget category, and
not duplicative of supply costs included in the indirect pool that is the basis of the indirect rate applied for
this project.
Genernl C.uegory orSuprhe:-;.
JU;litir.Ciltioll ornced
Bud.sel Perim.ll
EXAl\lPLE ONLY!~! Wirdess DAS
com m::nts
10
5360.0.0.
53.600
CmaIDg price
Por Alplu prOlotypc r Ta...t 2A
Budgel P~rind I Tol.al
53.600
(re~:J.1 :J.~ nece"'!i:lry fer each BudgeL Periud)
Contractual
The applicant must provide and justify all costs related to sub-recipients, vendors, contractors, consultants
and FFRDC partners. See example below.
Sub-recipients (partners, sub-awardees):
For each sub-recipient with total project costs of $100,000 or more, a separate SF-424A budget and
budget justification form must be submitted. For sub-recipients with estimated costs less than
$100,000, provide what Statement of Project Objectives task(s) are being performed, the
purpose/need for the effort, and a basis of the estimated costs that is considered sufficient for DOE
evaluation.
Vendors (includes contractors and consultants):
Identify all vendors, contractors and consultants supplying commercial supplies or services used to
support the project. The support to justify vendor costs (in any amount) should provide the purpose
for the products or services and a basis of the estimated costs that is considered sufficient for DOE
evaluation.
Federal Research and Development Centers (FFRDCs):
For FFRDC partners, the applicant should provide a Field Work Proposal (if not already provided
with the original application), along with the FFRDC labor mix and hours, by category and FFRDC
major purchases greater than $25,000, including Quantity, Unit Cost, Basis of Cost, and Justification.
Sub-Recipient Purposeffasks in SOPO Budgel Budgel Budge. Project Tmal
N:mwIOrgani;-:':llion P.c:riod I Period 2 Period 3
Costs Com CO:;'L:S
EXAMPLE ONLY!!! XYZCorp. Part[ler to- devel-ol"l ol"ltimal fre~lIellens for Gc:n 2 product - Ta.-lk 2.4 $48.0.0.0. 532.0.00 515.0.00 596.000
SutJ...Lo!:::Il 548.000 532.000 516.0.00 596.000
VemlM Prnduc:'l or SC['l.'icc. PurposclNec:d and B~is ofCosl Budget Budget Budgel Projeet TOl=1-t
NilmelOrg:l"i(,.'llion (Provide ..ddilional support .at bottom ofpJg~ ::l5 n-tlcded) P.criod I Period 2 Period 3
Costs Cm;l:i CO:'ots
EXAMPLE ONLY!!! ABC Corp. Vendor [or developing custom mtxlIics [0 perform It:n.', in..~pecl~on. alisnmem. 532,9!J0 586.500 5li9.4oo
mKi placement (Task 4). Required for eXf1illld~ng CPV module mfg. capacilY.
Co!'1 is [rom compclili\'e quotes.
Sub-[-otol 532,900 586.500 50 5 li9.400
FFRDC Purpose Budget Budget Bud,gt:1 rroject TQli3,i
NarnelOrg.-.ni:tilttOn Pe:riod I P~ri{ld "2 Period 3
CC"'I~ CO~I!i. CO:'>I...
Page 57 of 72
SO
Sub-lolal SO SO so 50
Total Contractual 880,900 $118,500 81fi,{){]() 5215,400
Construction
Construction, for the purpose of budgeting, is defined as all types of work done on a particular facility,
including erecting, altering, or remodeling. Construction conducted by the award recipient should be
justified in this category. Any construction work that is perrormed by a vendor or subrecipient to the
award recipient should be entered under "Contractual."
Identify all proposed construction, providing a basis of cost such as engineering estimates, prior
construction, etc., and briefly justify its need as it applies to the Statement of Project Objectives, For
major endeavors, a copy of the engineering estimate or quote should also be provided. See example
below.
O\'<:ril.lI dc:;c:r1rlLion of conslrtlcLion aCl~il,'ilie.'i~
Example Only! n . Build wind turbine rl:Jtrmm
Genernl De.'iCr~pti{)n CO~l B:l..SisofCo!>l Just~fication of ne-c:d
Bm.lgt:t P.eriod I
1llfce day,; of exclwntion for pl:ll form site 528,000 Engineer~ng e....limate Site mu:;t be prep.(Ir.cd for conslnlcti(Jtl or plil.lfornl.
EX^~'1PLE ONLY!!!
Budgc-l Period I Total $28,000
(rt:pem i1S ncce;sary [creach Smigel Period)
Other Direct Costs
Other direct costs are direct cost items required for the project which do not fit clearly into other
categories, and are not included in the indirect pool for which the indirect rate is being applied to this
project. Basis of cost are items such as vendor quotes, prior purchases of simi lar or like items, published
price list, etc,
GefleTt:l1 de!iCrlpli{ln Cost Bnsis of Cost J\l~lilkmkm of need
Budget Period l
EXAMPLE ONL Y!~! Grm..l ;':ilm.lent tUltion Slfi,Ooo Est:::lblished UCD co!'l!' Support {)f grnduiile students working on proj~cl
Budget Period L To!;).! Slfi,{){]()
(repeal ilS nece..<i;s.Llry ror e;;lch Gudgel P-enod)
Indirect Costs
A federally approved indirect rate agreement, or rate proposed supported and agreed upon by DOE for
estimating purposes is required if reimbursement of indirect benefits is requested. If there is a federally
approved indirect rate agreement, a copy must be provided with this application and if selected, must be
provided electronically to the Contracting Officer for this project. If there is no current, federally
approved indirect rate agreement or if the federally approved indirect rate agreement has been changed or
Page 58 of 72
updated, a rate proposal must be included with the application. If selected, the rate agreement will be
finalized during award negotiations. Calculate the indirect rate dollars and enter the total in the Section
B., line 6.j. (Indirect Charges) of form SF 424A.
IMPORTANT: Provide a complete explanation and the full calculations used to derive the total indirect
costs. If the total indirect costs are a cumulative amount of more than one calculation or rate application,
the explanation and calculations should identify all rates used, along with the base they were applied to
(and how the base was derived), and a total for each (along with grand total). The rates and how they are
applied should not be averaged to get one indirect cost percentage. NOTE: The indirect rate should be
applied to both the Federal Share and Recipient Cost Share.
Cost Share
A detailed presentation of the cash or cash value of all cost share proposed for the project must be
provided. Identify the source and amount of each item of cost share proposed by the Applicant and each
sub-recipient. Letters of commitment must be submitted for all third party cost share (other than award
recipient).
Note that "cost-share" is not limited to cash investment. Other items that may be assigned value in a
budget as incurred as part of the project budget and necessary to performance of the project, may be
considered as cost share, such as: contribution of services or property; donated, purchased or existing
equipment; buildings or land; donated, purchased or existing supplies; and/or unrecovered personnel,
fringe benefits and indirect costs, etc. For each cost share contribution identified as other than cash,
identify the item and describe how the value of the cost share contribution was calculated.
Funds from other Federal sources MAY NOT be counted as cost share. This prohibition includes
FFRDC sub-recipients. Non-Federal sources include private, state or local Government, or any source
not originally derived from, Federal funds.
Fee or profit will not be paid to the award recipients or subrecipients of financial assistance awards.
Additionally, foregone fee or profit by the applicant shall not be considered cost sharing under any
resulting award. Reimbursement of actual costs will only include those costs that are allowable and
allocable to the project as determined in accordance with the applicable cost principles prescribed in 10
CPR 600.127,10 CPR 600.222 or 10 CFR 600.317. Also see 10 CFR 600.318 relative to profit or fee.
See example below.
Orgilnilil.lionJSour.:e Typo CO~l Sh:tre hem Budgel Budget Budge[ TOlal Project
(casher Pl:"riod I P~rind 2 Perirld3 CO.'H Share
other) CO.\il Shan:: Co:;l Shan:: Cost Share
ABC Company Cash Projecl p::utner ABC Company wLll pm\'ide 40 PV modules ror pnxh.lCl developrnt:lll S 13.600 S13.600
EXAMPLE ONL Yi!! at 50% offlhe dthe ret.ail price 0[5680
Totals SO SO SO SO
Total Project COl'OL: 5312.300 Cosl Share Percelil of Awnrd: 0.0%
Page 59 of 72
Appendix E
OMB Guidance for Implementing the Recovery Act At 2 CFR PART 176
The following Special Notices from OMB's guidance for implementing the Recovery Act at 2
CFR Part 176 are incorporated in this FOA:
· Wage Rate Requirements under Section 1606 of the American Recovery and
Reinvestment Act of 2009
a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part
by and through the Federal Government pursuant to the Recovery Act shall be paid wages at
rates not less than those prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the
Department of Labor has issued regulations at 29 CFR Parts 1,3, and 5 to implement the
Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning
application of the standard Davis-Bacon contract clauses set forth in that section. Federal
agencies providing grants, cooperative agreements, and loans under the Recovery Act shall
ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are
incorporated in any r:esultant covered contracts that are in excess of $2,000 for construction,
alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1606, contact your
awarding agency. Recipients of grants, cooperative agreements and loans should direct their
initial inquiries concerning the application of Davis-Bacon requirements to a particular
federally assisted project to the Federal agency funding the project. The Secretary of Labor
retains final coverage authority under Reorganization Plan Number 14.
· Buy American Requirements under Section 1605 of the American Recovery and
Reinvestment Act of 2009
Depending upon the applicability of relevant international agreements, one of the following
two notices applies:
NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND
MANUFACTURED GOODS-SECTION 1605 OF THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009
(a) Definitions. "Manufactured good," "public building and public work," and "steel," as
used in this notice, are defined in the 2 CFR 176.140.
Page 60 of72
(b) Requests for determinations of inapplicability. A prospective applicant requesting a
determination regarding the inapplicability of section 1605 of the American Recovery
and Reinvestment Act of 2009 (Pub. L. 111-5)(Recovery Act) should submit the request
to the award official in time to allow a determination before submission of applications or
proposals. The prospective applicant shall include the information and applicable
supporting data required by paragraphs (c) and (d) of the award term and condition at 2
CFR 176.140 in the request. If an applicant has not requested a determination regarding
the inapplicability of 1605 of the Recovery Act before submitting its application or
proposal, or has not received a response to a previous request, the applicant shall include
the information and supporting data in the application or proposal.
(c) Evaluation ofproject proposals.
If the Federal government determines that an exception based on unreasonable cost of
domestic iron, steel, andlor manufactured goods applies, the Federal Government will
evaluate a project requesting exception to the requirements of section 1605 of the
Recovery Act by adding to the estimated total cost of the project 25 percent of the project
cost, if foreign iron, steel, or manufactured goods are used in the project based on
unreasonable cost of comparable manufactured domestic iron, steel, andlor manufactured
goods.
(d) Alternate project proposals.
(1) When a project proposal includes foreign iron, steel, andlor manufactured goods not
listed by the Federal Government at paragraph (b)(2) of the award term and condition at 2
CFR 176.140, the applicant also may submit an alternate proposal based on use of
equivalent domestic iron, steel, and/or manufactured goods.
(2) If an alternate proposal is submitted, the applicant shall submit a separate cost
comparison table prepared in accordance with paragraphs (c) and (d) of the award term
and condition at 2 CFR 176.140 for the proposal that is based on the use of any foreign
iron, steel, andlor manufactured goods for which the Federal Government has not yet
determined an exception applies.
(3) If the Federal government determines that a particular exception requested in
accordance with paragraph (b) of the award term and condition at 2 CFR 176.140 does
not apply, the Federal Government will evaluate only those proposals based on use of the
equivalent domestic iron, steel, andlor manufactured goods, and the applicant shall be
required to furnish such domestic items.
(End of notice)
NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND
MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL
AGREEMENTS)-SECTION 1605 OF THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
(a) Definitions. "Designated country iron, steel, andlor manufactured goods," "foreign
iron, steel, andlor manufactured good," "manufactured good," "public building and
public work," and "steel," as used in this provision, are defined in 2 CFR 176.160(a).
Page 61 of72
(b) Requests for determinations of inapplicability. A prospective applicant requesting a
determination regarding the inapplicability of section 1605 of the American Recovery
and Reinvestment Act of 2009 (Pub. L. 111-5)(Recovery Act) should submit the request
to the award official in time to allow a determination before submission of applications or
proposals. The prospective applicant shall include the information and applicable
suppOlting data required by paragraphs (c) and (d) of the award term and condition at 2
CFR 176.160 in the request. If an applicant has not requested a determination regarding
the inapplicability of 1605 of the Recovery Act before submitting its application or
proposal, or has not received a response to a previous request, the applicant shall include
the information and supporting data in the application or proposal.
(c) Evaluation of project proposals.
If the Federal government determines that an exception based on unreasonable cost of
domestic iron, steel, and/or manufactured goods applies, the Federal Government will
evaluate a project requesting exception to the requirements of section 1605 of the
Recovery Act by adding to the estimated total cost of the project 25 percent of the project
cost if foreign iron, steel, or manufactured goods are used based on unreasonable cost of
comparable domestic iron, steel, or manufactured goods.
(d) Alternate project proposals.
(1) When a project proposal includes foreign iron, steel, andlor manufactured goods,
other than designated country iron, steel, andlor manufactured goods, that are not listed
by the Federal Government in this Buy American notice in the request for applications or
proposals, the applicant may submit an alternate proposal based on use of equivalent
domestic or designated country iron, steel, andlor manufactured goods.
(2) If an alternate proposal is submitted, the applicant shall submit a separate cost
comparison table prepared in accordance with paragraphs (c) and (d) of the award term
and condition at 2 CFR 176.160 for the proposal that is based on the use of any foreign
iron, steel, and/or manufactured goods for which the Federal Government has not yet
determined an exception applies.
(3) If the Federal government determines that a particular exception requested in
accordance with paragraph (b) of the award term and condition at 2 CFR 176.160 does
not apply, the Federal Government will evaluate only those proposals based on use of the
equi valent domestic or designated country iron, steel, and/or manufactured goods, and the
applicant shall be required to furnish such domestic or designated country items.
(End of notice)
The following award provisions from OMB's guidance for implementing the Recovery Act at 2
CFR Part 176 are incorporated in awards resulting from this Funding Opportunity
Announcement:
· Reporting and Registration Requirements under Section 1512 of the American
Recovery and Reinvestment Act of 2009. Public Law 111-5
(a) This award requires the recipient to complete projects or activities which are funded
under the American Recovery and Reinvestment Act of 2009 ("Recovery Act") and to report
Page 62 of 72
on use of Recovery Act funds provided through this award. Information from these rep0l1s
will be made available to the public.
(b) The rep0l1s are due no later than ten calendar days after each calendar quarter in which
the recipient receives the assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first-tier recipients must maintain current registrations in the Central
Contractor Registration (www.ccr.gov) at all times during which they have active federal
awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering
System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the
Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) using the reporting
instructions and data elements that will be provided online at www.FederaIReporting.gov and
ensure that any information that is pre-filled is corrected or updated as needed.
(End of award term)
· Single Audit Information for Recipients of Recovery Act Funds
Recovery Act Transactions listed in Schedule of Expenditures of Federal A wards and
Recipient Responsibilities for Informing SubRrecipients
(a) To maximize the transparency and accountability of funds authorized under the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5)(Recovery Act) as required by
Congress and in accordance with 2 CFR 215, subpart _.21 "Uniform Administrative
Requirements for Grants and Agreements" and OMB A-102 Common Rules provisions,
recipients agree to maintain records that identify adequately the source and application of
Recovery Act funds.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular
A-133, "Audits of States, Local Governments, and Non-Profit Organizations," recipients
agree to separately identify the expenditures for Federal awards under the Recovery Act on
the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-
SAC) required by OMB Circular A-133. This shall be accomplished by identifying
expenditures for Federal awards made under Recovery Act separately on the SEFA, and as
separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the
prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first
characters in Item 9d of Part III on the SF-SAC.
(c) Recipients agree to separately identify to each sub-recipient, and document at the time of
sub-award and at the time of disbursement of funds, the Federal award number, CFDA
number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds
for an existing program, the information furnished to sub-recipients shall distinguish the sub-
awards of incremental Recovery Act funds from regular sub-awards under the existing
program.
Page 63 of 72
(d) Recipients agree to require their sub-recipients to include on their SEFA information to
specifically identify Recovery Act funding similar to the requirements for the recipient SEF A
described above. This information is needed to allow the recipient to properly monitor sub-
recipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies,
Offices of Inspector General and the Government Accountability Office.
(End of award term)
Page 64 of 72
Appendix F
Adequacy Of Cost Proposal Or Application Budget Submssion For Audit
The work contemplated under an award made pursuant to this Funding Opportunity Announcement
is in support of the Department of Energy's American Recovery and Reinvestment Act programs and
represents a Departmental priority. In order to facilitate timely and efficient evaluation of cost
proposals or indirect rate proposals, there is a need to ensure that the applicant's initial cost
proposal/budget is adequate and complete for purposes of performing the pre-award audit.
Accordingly, the applicant and major proposed subrecipients or subcontractors are strongly
encouraged to review their cost proposalslbudgets using the Defense Contract Audit Agency
"Criteria for Adequate Contract Pricing Proposals" guidance (below) prior to submitting their cost
proposalslbudgets or indirect rate proposals in order to facilitate the audit of its cost proposal/budget.
CRITERIA FOR ADEQUATE CONTRACT PRICING PROPOSALS
(ADEQUACY.DOC, Version 3.0, June 2004)
PURPOSE - A well supported cost proposal reduces effort needed for review and will facilitate
negotiations. Proposals should be evaluated for adequacy within seven days after receipt so that
corrective action can be taken immediately. The criteria, found in the table below, can be used to
evaluate the adequacy of a contract price proposal when the proposal is based on cost or pricing data.
When the proposal is based on information other than cost or pricing data, the contracting officer is
responsible for obtaining information that is adequate for evaluating price reasonableness.
Inadequacies exist when the offeror does not comply with the contracting officer's requirements. The
following criteria, while specifically not applicable to information other than cost or pricing data,
may provide a guideline to the auditor in reaching an opinion as to the adequacy of the proposal.
If the proposal is so deficient that an examination cannot be performed, recommend to the PCO/ACO
that the proposal be returned to the offeror without audit until such time as an adequate proposal is
received. This approach is intended to pennit the efficient use of audit resources.
Most of the criteria in the table below are specifically required by the Federal Acquisition Regulation
(FAR) and are referenced accordingly. The items not referenced to the FAR are items that will still,
in most cases, be needed for negotiations and Government review. Items may be added to the list if
required by the contracting officer, as described in the solicitation. As this checklist was developed
for contracts and cost proposals in accordance with the FAR, it is not directly applicable to financial
assistance. However, the criteria and principles can be applied to financial assistance. Cost and
pricing data are not required for financial assistance, think budget justification in its place. Some
notes have been added in the checklist to assist in reviews of budgets for financial assistance
applications.
The existence of some of the criteria (especially, 4a, 4b, and 8) can be determined only by discussing
it with the offeror or during the course of a detailed audit. Therefore, an initial finding of adequacy
may be changed once the audit has started.
.. ......>iii......(DOES.THE...l~R()POSAUINCLUDE'FHEF'()LLOWING:..JJ.?.....
i..>
1.,-... T
............
1 A properly completed first page of the proposal or a
summary format as specified by the Contracting Officer m
Page 65 of 72
the solicitation. (FAR 15.408)
Financial Assistance (FA): A properly completed SF424A,
SF424C, or SF424R&R budget form included.
2. An index referencing all cost or pricing data and
information accompanying or identified in the proposal.
(FAR 15.408)
3. A summary of total cost by element cross-referenced to
supporting cost or pricing data. (FAR 15.408)
4. An identification of cost or pricing data (i.e., data that are
verifiable and factual) and an explanation of the estimating
process. When applicable, the following items should be
specifically identified: (FAR 15.408)
FA: Budget justification included in accordance with the
Funding Opportunity Announcement.
a. Judgmental factors and the methods used in the
estimate, including those used in projecting from known
data.
b. The nature and amount of any contingencies.
5. An identification of any incuned costs for work performed
before submission of a proposal. (FAR 15.408)
6. An identification and description of any agreements with
Government representatives on use of forward pricing
rates/factors. (FAR 15.408)
7. The location and point of contact for any cost or pricing
data which is identified, but not included, in the proposal.
8. Disclosure of any other known activity that could
materially impact the 'costs (i.e., existing excess material,
company reorganizations, new technology acquisitions,
labor union discussions, etc.). (FAR 15.407-1)
'.\
9. A consolidated priced summary of individual material
quantities included in the various tasks, orders, or contract
line items being proposed and the basis for pricing (vendor
quotes, invoice prices, etc.). The offeror must include raw
materials, parts, components, assemblies, and services to
be produced or performed by others. For all items
proposed, the offeror must identify the item and show the
source, quantity, and price. (FAR 15.408) The auditor
will need to exercise judgment in making the
determination if a consolidated bill of material is required.
The need for a bill of material will depend on the
estimating techniques used and whether those techniques
are appropriate in the circumstances. For example, a bill
of material may not be feasible for products that are in the
research and development stage. A parametric type
estimate may be more appropriate in these circumstances.
] O. Price analyses of all subcontractor proposals, and cost
analyses for all subcontracts when cost or pricing data are
required to be submitted by the subcontractor, showing the
basis for establishing source and reasonableness of price.
Page 66 of 72
The offeror must obtain cost or pricing data from
prospective sources for those acquisitions exceeding the
threshold in FAR 15.403-4 and not otherwise exempt in
accordance with FAR 15.403-1(b). The offeror must
provide a summary of the cost analysis and a copy of the
cost or pricing data submitted by the prospective source in
support of each subcontract when required by FAR 15.408.
FA: If a DOE Lab is involved, is the Field Work Proposal
included.
11. a. The offeror's cost analysis of the proposed
interorganizational transfers and a breakdown of the
proposed costs by element, when the proposed transfers
are based on cost. (FAR 15.408)
b. An explanation of the pricing method used for
proposed interorganizational transfers when the proposed
transfers are based on other than cost. (FAR 15.408)
12. A time phased (i.e., monthly, quarterly, etc.) breakdown .
of labor rates and hours by category or skill level and the
basis for the estimates of rates and hours (i.e., historical
experience, engineering estimates, learning curves, etc.).
If labor is the allocation base for indirect costs, the labor
cost should be summarized in order that the applicable
overhead rate can be aoolied. (FAR 15.408)
13. In the absence of any agreements on the use of forward
pricing rates/factors, the offeror should show how indirect
rates were computed and applied. Support for the indirect
rates could consist of cost breakdowns, trends, and
budgetary data. (FAR 15.408)
.. '. . . ...................)XDOESTHEPROP()SA.r.iIN€UUDE.rrH.E1EOUE().WINGii).....
~ .. .... .... ~ .'. . .., .~..... I" .
"".
.....
14. Identification of all other costs by category not described
above (e.g., special tooling, travel, computer and
consultant services) and bases for pricing. (FAR 15.408)
15. If royalties exceed $1,500, the proposal must provide the
information identified in FAR 15.408, Table 15-2 IT.E.
.X.....i..........................
16. When claiming facilities capital cost of money, the offeror
must submit Form CASB-CMF and show the calculation
of the proposed amount. (FAR 31.205-10)
..
17. For Change Orders, Modifications, and Claims, the
contractor should follow the format for submission
contained in FAR 15.408.
a. Deleted Work: The current estimates of what the cost
would have been to complete the deleted work not yet
Page 67 of 72
performed (not the original proposal estimates), and the
cost of deleted work already performed. The cost of all
deleted work performed should be separately identified.
b. Added Work: A current estimate of the cost of work
added by the change. When nonrecurring costs are
significant, or when specifically requested to do so by
the Contracting Officer, the contractor should provide
a full identification and explanation of the
nonrecurring costs. When any of the costs have
already been incurred, these should be described on an
attached supporting schedule.
~
18. For price revision/redetermination, the contractor should
follow the format in FAR 15.408.
..==
19. Is the proposal adequate? If not, list the inadequacies
below and indicate when the information was requested. If
the proposal is so deficient that an examination cannot be
performed, the auditor should consider recommending that
the Contracting Officer return the proposal to the
contractor.
... ..... ..:..:.:< ...
Page 68 of 72
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