Question 1:
Does a Tribal Energy Development Organization (TEDO) have to be certified with the BIA to be eligible as an applicant?
Answer 1:
Please note, DOE will not make individual eligibility determinations prior to the close of the application period. DOE does not require a TEDO be certified with the BIA to be eligible as an applicant. DOE will determine if an applicant is eligible as a TEDO based on the definitions provided in the NOFO Part 1. If an entity meets the definition of a TEDO that is provided in NOFO Part 1, they will be deemed eligible, regardless of whether the entity is certified as a TEDO with the BIA.
Question 2:
On page 12 of NOFO Part 1 it states, “The cost share must come from non-federal sources unless otherwise allowed by law.” What federal sources are allowable to be used as cost share?
Answer 2:
If funds from a federal source are being proposed either as additional federal funds against the total project costs or as cost share, as allowed by law, the Applicant must provide a commitment letter from the funding federal agency as part of the application that specifically commits those funds and identifies the statutory authority and specific statutory language that allows those funds to be used for the project being proposed. Any such commitment letter will be reviewed to determine allowability, by DOE Legal Counsel and the Contracting Officer, prior to accepting funds as either additional federal project funds or cost share from other federal sources.
The following are some instances where federal funds may be permissible for use as cost share.
NOTE: Per the Indian Self-Determination Act (Public Law 93-638) as codified and amended at 25 U.S.C. § 5301, et seq., funding under the Indian Self-Determination Act may be used as non-federal cost share by Indian Tribes on federal grants.
For Tribal self-governance funding agreements, see 25 U.S.C. § 5363,[1] Funds, “All funds provided under funding agreements entered into pursuant to this subchapter, and all funds provided under contracts or grants made pursuant to this subchapter, shall be treated as non-Federal funds for the purposes of meeting matching requirements under any other Federal law.”
For self-determination contract funding, see 25 U.S.C. § 5322,[2] Use as matching shares for other similar federal grant programs, “The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under this section are made.”
For compact funding, see 25 U.S.C. § 5324,[3] "Notwithstanding any other provision of law, a tribal organization may use funds provided under a self-determination contract to meet matching or cost participation requirements under other Federal and non-Federal programs.”
Per the Native American Housing Assistance and Self-Determination Act (NAHASDA) of 1996 (Public Law 104–330 as codified at 25 U.S.C. § 4101, et seq.) and it’s implementing regulation (24 CFR § 1000.122): “There is no prohibition in NAHASDA against using grant funds as matching funds.”
[1] 25 U.S.C. § 458cc was editorially reclassified as section 5363 of this title.
2 25 U.S.C. § 450h(c) was editorially reclassified as section 5322 of this title.
3 25 U.S.C. § 450j-1(j) was editorially reclassified as section 5324 of this title.
Question 3:
Why are there two parts to this NOFO?
Answer 3:
The NOFO is divided into two parts to differentiate between funding announcement-specific information, and standard information that typically remains consistent across different DOE NOFOs. NOFO Part 1 is unique to this funding opportunity, while Part 2 contains DOE standard application requirements. Applicants should review both the NOFO Part 1 and the NOFO Part 2 prior to applying.
Question 4:
On page 33 of NOFO Part 1 there is a table with the application documents listed and the terms “Required”, “Optional”, and “If Applicable” under each Topic Area. Please clarify what the terms mean in this context.
Answer 4:
The list of application documents is inclusive of all possible documents that can be submitted with an application.
- The documents listed as “Required” are required from all applicants. Applications that do not have all required application documents will be deemed incomplete and will not be considered for funding.
- If a document is listed as “Optional”, it is not required for an application to be deemed complete. Optional documents provide applicants an opportunity to submit information that may better inform DOE’s decision on the application. Applicants are encouraged to submit optional materials if they have the requested information.
- Documents listed as “If Applicable” may be required depending on the applicant or any proposed subrecipients. Read the document descriptions carefully in the NOFO Part 1 to determine if they are required for your application.
Question 5:
On page 33 of NOFO part 1, two forms related to lobbying are listed as an application requirement “If Applicable.” The forms are SF-LLL (Disclosure of Lobbying Activities) and OMB 4040-0013 (Certification Regarding Lobbying). How do I know if these are applicable to my application or not?
Answer 5:
Entities that are eligible to apply to this NOFO as applicants do not need to submit these forms. However, subrecipients that would not be eligible to apply as a recipient must submit one of the two forms. If they have lobbying activities to disclose, they must submit an SF-LLL. If they have no lobbying activities to disclose, they must submit form OMB 4040-0013.
Question 6:
What is a Biographical Sketch, and can I submit resumes instead?
Answer 6:
The Biographical Sketch is a required application document for all covered individuals as defined in the NOFO Part 1. The Biographical Sketch is replacing resumes as an application requirement and must be created using the link in the NOFO Part 1 found on page 34 (SciENcv (Science Experts Network Curriculum Vitae)). Please look for the instructional document provided with the application templates for detailed instructions on how to create a DOE compliant Biographical Sketch for submission.
Question 7:
Is a Tribal Council Resolution required for all topic areas and applicant types?
Answer 7:
No. The explanation of this requirement is located on page 37 of the NOFO Part 1. It states, “For Indian Tribes, the statement of commitment and cost sharing must be in the form of an executed Tribal Council Resolution, unless an Indian Tribe provides a commitment in another format along with evidence of the statutory or other legal authority authorizing that form of commitment. Such evidence must establish that the commitment submitted carries the same level of Tribal leadership commitment as a Tribal Council Resolution.” All other eligible applicant types (Tribal and intertribal Organizations, Tribal Energy Development Organizations, and Tribal Colleges and Universities) must submit a statement of commitment signed by an authorized representative of the entity that is able to commit the entity to enter into a financial assistance contract with the Federal government.
Question 8:
Topic Area 1 requires a 10% cost share. Previous Indian Energy FOA’s had the option of a cost share reduction. Is this still an option?
Answer 8:
No. Unlike previous funding opportunities from Indian Energy, there is no option for a cost share reduction. All applicants have the same cost share requirements, which are determined by the Topic Area:
- Topic Area 1: Requires a 10% cost share.
- Topic Areas 2 and 3: Have no required cost share.
Question 9:
My Tribe is interested in exploring nuclear power and/or critical minerals. Are these technologies only allowable under Topic Area 3?
Answer 9:
Yes. Regarding nuclear power and critical minerals, these technologies are allowable under Topic Area 3. They are not eligible under the community-scale requirement for Topic Areas 1 and 2.
Question 10:
On page 25, NOFO Part 1 states that research and development projects are specifically not of interest. How does research and development differ from resource characterization required in energy development projects?
Answer 10:
Applications of interest to this NOFO focus on planning (including data gathering and analysis) and construction activities that support the actual deployment, installation, or implementation of energy technologies.
Applications not of interest to this NOFO focus on expanding scientific knowledge without immediate commercial application or translating research findings into new or improved products, processes, or services.
Question 11:
Would a project proposal to provide service to multiple distinct Tribal communities be eligible or would each Tribe or Village need to submit their own application?
Answer 11:
Multiple Tribes may submit as a consortium. A consortium of eligible applicants is eligible to apply. The application must be submitted by a single eligible applicant that has been provided authority to represent the consortium by its members. All members of the consortium must meet the eligibility requirements.
Question 12:
Is a consortium of individually eligible applicants eligible to apply?
Answer 12:
A consortium of eligible applicants is eligible to apply. The application must be submitted by a single eligible applicant that has been provided authority to represent the consortium by its members. All members of the consortium must meet the eligibility requirements.
Question 13:
What is the eligibility definition of Tribal Colleges and Universities under this NOFO?
Answer 13:
“Tribal Colleges and Universities (TCUs)” for purposes of this NOFO, are (1) institutions of higher education located in the 48 contiguous United States or Alaska and (2) defined and eligible based on the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. § 1801(a)(4)), and the Higher Education Act of 1965 (20 U.S.C. § 1001, et seq.), respectively, as follows:
- “Tribal Colleges and Universities," for purposes of the NOFO, mean institutions of higher education which are formally controlled, or have been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes, except that no more than one such institution shall be recognized with respect to any such Tribe;
including:
- Those institutions cited and eligible for funding undersection 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. § 301 note), any other institution that qualifies for funding under the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. § 1801 et seq.), and Diné College, authorized in the Navajo Community College Assistance Act of 1978, Public Law 95-471, title II (25 U.S.C. § 640a note).[4]
Question 15:
Can an applicant apply for more than one topic area?
Answer 15:
Per Section II.B. on page 11 of the NOFO, “An eligible applicant, individually or as part of a consortium, may submit more than one application to this NOFO (including more than one application under a particular Topic Area), provided that each application describes a unique, distinct project. Each application must have a distinct title, unique Control Number as assigned by IE-eXCHANGE during the registration process, and be readily distinguishable. Each application must focus on a single project; unrelated projects cannot be consolidated in a single application. Applications can only be submitted under a single Topic Area.”
Question 16:
If multiple Tribes submit as a consortium, can the application request a larger amount of funds than the ceiling indicated in the NOFO?
Answer 16:
No. Per Section 1.A.1 under Funding Details on page 7 of the NOFO, for Topic Area 1 states, “Dollar amount of the individual awards” is up to $7,500,000; Topic Area 2, “Dollar amount of the individual awards” is up to $1,500,000; and Topic Area 3, “Dollar amount of the individual awards” is up to $2,500,000. [Emphasis Added].
Question 17:
Is battery storage technology utilized for power supply infrastructure aligned with DOE’s priorities and the purpose of this grant?
Answer 17:
As stated in Section II regarding Eligibility (page 9) of the Notice of Funding Opportunity (NOFO), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this NOFO must be submitted. The decision of whether to submit an application in response to this NOFO lies solely with the applicant.”
However, for your purposes in making that decision, we offer the following based on the information provided in your question:
Per section III.D.1 under Topic Area 1: Tribal community energy deployment projects (page 15 of the NOFO), “ Under Topic Area 1, the Office of Indian Energy seeks applications for the development of community-scale Tribal energy resources; deployment of community-scale energy generation, storage and/or delivery assets; energy efficiency measures; equipment to strengthen energy infrastructure and implement resiliency enhancements; improvements to lower or stabilize energy costs; and projects that expand electricity access through the upgrade or addition of energy infrastructure. [Emphasis Added]
Further, refer to Q&A #20 for additional details on the IE-Exchange Frequently Asked Questions (FAQs) webpage .
Question 18:
Our Tribe took over an investor-owned natural gas infrastructure for a particular territory. Would the expansion of this infrastructure to convert residents from propane to natural gas be eligible under this NOFO?
Answer 18:
As stated in Section II regarding Eligibility (page 9) of the Notice of Funding Opportunity (NOFO), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this NOFO must be submitted. The decision of whether to submit an application in response to this NOFO lies solely with the applicant.”
However, for your purposes in making that decision, we offer the following based on the information provided in your question:
Projects funded under this NOFO are expected to advance Tribal sovereignty through Tribal energy development, efficiency, and use. “Projects under Topic Area 1 are expected to serve the electric loads and support the energy needs of Tribes at the scale of a Tribal Community or communities. These projects entail the construction of energy assets and projects.” Topic Area 2 contemplates projects that have not completed all required pre-development activities as required under Topic Area 1. Projects under Topic Area 3 are expected to complete necessary pre-development activities for large scale commercial development of Tribal energy resources which lead to enhancement and strengthening of Tribal energy and economic infrastructure. Section III.C, pages 15 – 25, provides hypothetical examples of projects for all Topic Areas that could be considered for funding; these examples are not exhaustive and are provided for illustrative purposes only. One hypothetical example states the following (p. 23 of the NOFO), “A Tribe would like to expand natural gas distribution infrastructure to serve Tribal energy heating loads that are currently using electricity, wood, or propane. A study could examine the feasibility of the expansion as well as the benefits of the projects. Benefits may include more reliable heating during harsh winter conditions and cost savings to Tribal end users when compared to current heating methods.” [Emphasis Added] Please also see previously answered Q&A #20 IE-Exchange Frequently Asked Questions (FAQs) webpage.
Question 19:
Do any Topic Areas under this NOFO require the submission of a concept paper?
Answer 19:
This NOFO does not require concept papers.
Question 20:
Are there any specific technologies or energy systems that would not be eligible for funding under this NOFO?
Answer 20:
No, there are no specific ineligible technologies or energy systems under DE-FOA-0003548: Unleashing Tribal Energy Development. Please note that to be eligible under Topic Area 1, applications must use commercially proven and warrantied technology and see Section E on page 25 of NOFO Part 1 regarding “Applications Specifically Not of Interest.” For all Topic Areas, the NOFO contains hypothetical examples of projects that could be considered for funding; these examples are not exhaustive and are provided for illustrative purposes. The projects funded under the NOFO are intended to lower or stabilize Tribal energy costs, expand energy access, and advance development of energy projects for Tribal economic development. This NOFO supports Indian Country to unleash its own energy resources to meet its own needs and to share in the prosperity of American energy dominance.
Question 21:
Is there a teaming list for DE-FOA-0003548 or another way our company can express our interest in participating in potential applications for this funding opportunity?
Answer 21:
There is not a teaming list for DE-FOA-0003548.
Question 22:
Can a state agency partner with a Tribe on a project and serve as the prime applicant?
Answer 22:
No. Eligibility to apply under this NOFO is restricted to Indian Tribes (including Alaska Native regional corporations and Village corporations), Tribal and intertribal Organizations; Tribal Energy Development Organizations; and Tribal Colleges and Universities which are defined in Section A “Eligible Applicants” on pages 9-10 of the NOFO Part 1. Therefore, a state agency cannot serve as the Prime/Principal Applicant. However, nothing prevents a Tribe from including a state agency on their proposal’s project team if they wish to.
Question 23:
Can cost share be “in-kind” contributions?
Answer 23:
Yes, subject to certain requirements. Per Part II, Section II.A (page 6), “Cost share must meet requirements set forth in 2 C.F.R. §§ 200.306 and 910.130 and the cost principles set forth in 2 C.F.R. §§ 200.400-476 and 2 C.F.R. §§ 910.352.” Continuing, “Cost share must: Be verifiable when the application is submitted; Be cash, cash equivalents, or in-kind contribution; or come from nonfederal sources (unless otherwise allowed by law), such as project participants, state or local governments, or other third-party financing. Please see Part II, pages 6 and 7 for greater details.
Question 24:
Are Native Hawaiians Homesteads eligible to apply?
Answer 24:
No; Native Hawaiian Homesteads are not eligible to receive funding under this NOFO. Eligibility to apply under this NOFO is restricted to Indian Tribes (including Alaska Native regional corporations and Village corporations), Tribal and intertribal Organizations; Tribal Energy Development Organizations; and Tribal Colleges and Universities which are defined in Section A “Eligible Applicants” on pages 9-10 of the NOFO Part 1.
Question 25:
Is the relocation of the transmission lines eligible under this grant? If yes, can the project be aggregated or would each Tribe have to apply separately?
Answer 25:
As stated in Section II regarding Eligibility (page 9) of the Notice of Funding Opportunity (NOFO), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this NOFO must be submitted. The decision of whether to submit an application in response to this NOFO lies solely with the applicant.”
However, for your purposes in making that decision, we offer the following based on the information provided in your question:
Per section III.D.1 under Topic Area 1: Tribal community energy deployment projects (page 15 of the NOFO), “ Under Topic Area 1, the Office of Indian Energy seeks applications for the development of community-scale Tribal energy resources; deployment of community-scale energy generation, storage and/or delivery assets; energy efficiency measures; equipment to strengthen energy infrastructure and implement resiliency enhancements; improvements to lower or stabilize energy costs; and projects that expand electricity access through the upgrade or addition of energy infrastructure. [Emphasis Added] Please also see previously answered Q&A #18.
For understanding if a project can be aggregated into one versus having each Tribe apply separately, please see previously answered Q&A #’s 11 and 12.
Question 26:
Can a Public Utility District (PUD) be part of the grant application or can they apply directly?
Answer 26:
Eligibility to apply under this NOFO is restricted to Indian Tribes (including Alaska Native regional corporations and Village corporations), Tribal and intertribal Organizations; Tribal Energy Development Organizations; and Tribal Colleges and Universities which are defined in Section A “Eligible Applicants” on pages 9-10 of the NOFO Part 1. Therefore, a PUD cannot serve as the Prime/Principal Applicant. However, nothing prevents a Tribe from including a PUD on their proposal’s project team if they wish to.
Question 27:
Are National Labs eligible to participate as a partner or sub-recipient to a Tribe?
Answer 27:
DOE and non-DOE Federally Funded Research and Development Centers (FFRDCs) may be proposed as a subrecipient on an application from an eligible applicant, subject to guidelines detailed in Section II.D “FFRDC Eligibility Criteria” on pages 12 – 13 of NOFO Part 1. The FFRDC should ensure there would be no conflict of interest resulting from the FFRDC’s other work. See also the cost share requirements related to FFRDCs on page 12 of NOFO Part 1 and on pages 6-9 and page 45 of NOFO Part 2. Nothing prevents a Tribe from including an FFRDC on their proposal’s project team as a partner if they wish to.
Question 28:
Are project members outside of a Tribal community eligible to serve as a subrecipient?
Answer 28:
Other than entities described in the section titled Foreign Entity Participation (see pages 10-11 of the NOFO), there are no restrictions on the types of entities that can participate as a subrecipient (subaward) or a vendor (contractor). With regard to participation of vendors, applicants should refer to § 200.317 Procurements by States and Indian Tribes for requirements when conducting certain procurement transactions under a Federal award.
Question 29:
Our Tribe is in dire need of fuel for our municipal generator. Is fuel allowable under this NOFO?
Answer 29:
The purchase of fuel does not fall under any of the Topic Areas. An application for the purchase of fuel would be deemed non-responsive and not be considered under this NOFO.
Question 30:
Will recipients who are selected for funding (for grants or cooperative agreements) be required to sign a Limited Waiver of Sovereign Immunity?
Answer 30:
No, recipients who are selected for award are not required to sign a Limited Waiver of Sovereign Immunity.
Question 31:
Is there a minimum funding request amount, and maximum award amount?
Answer 31:
There is no minimum award size. There are maximum award sizes based on the Topic Area a project is submitted under. Topic Area 1 has a maximum award size of $7,500,000 with a 10% minimum cost share requirement. Topic Area 2 has a maximum award size of $1,500,000 with no required cost share. Topic Area 3 has a maximum award size of $2,500,000 with no required cost share.
Question 33:
NOFO Part 1 page 15 says “to be eligible under Topic Area 1, applications must…be based on a completed design and engineering (except for final design and engineering)…" As we understand it, common design and engineering levels are approximately 30%, 60%, 90%, and 100%. Does the NOFO’s requirement correspond to one of these percentages?
Answer 33:
Applications under Topic Area 1 are expected to be implementation ready, indicating that all necessary pre-development and planning activities have been previously finalized, and awarded DOE funds will enable the implementation of energy improvements in the Tribal community or communities. For Topic Area 1, it is expected that the project is at the point where the only design and engineering work left to do is the final design and engineering work, typically performed by the Engineering, Procurement, and Construction firm installing the project. While Topic Area 1 does not establish specific percentages, it is expected projects will at a minimum be at a level comparable to the 90% level commonly used in industry terms. Any remaining engineering and design work may be an allowable activity under Topic Area 1.
Question 34:
Would demand-side approaches that reduce electric load align with the objectives of this NOFO?
Answer 34:
As stated in Section II regarding Eligibility (page 9) of NOFO Part 1, “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this NOFO must be submitted. The decision of whether to submit an application in response to this NOFO lies solely with the applicant.” However, for your purposes in making that decision, we offer the following based on the information provided in your question:
Projects funded under this NOFO are expected to advance Tribal energy development, efficiency, and use. “Projects under Topic Area 1 are expected to serve the electric loads and support the energy needs of Tribes at the scale of a Tribal Community or communities. These projects entail the construction of energy assets and projects.” Topic Area 2 contemplates projects that have not completed all required pre-development activities as required under Topic Area 1. Projects under Topic Area 3 are expected to complete necessary pre-development activities for large scale commercial development of Tribal energy resources which lead to enhancement and strengthening of Tribal energy and economic infrastructure. In the NOFO Part 1, Section III.C, pages 15 – 25, provides hypothetical examples of projects for all Topic Areas that could be considered for funding; these examples are not exhaustive and are provided for illustrative purposes only. [Emphasis Added] Please also see previously answered Q&A #20 IE-Exchange Frequently Asked Questions (FAQs) webpage.
Question 35:
May a private firm partner with tribes for awards under this FOA?
Answer 35:
Nothing prevents an eligible applicant (e.g., a Tribe) from including a private firm on their proposal’s project team if they wish to.
Question 36:
Would a project that produces potable water, from oilfield produced water, using waste heat energy process be an eligible technology under this NOFO?
Answer 36:
As stated in Section II regarding Eligibility (page 9) of the Notice of Funding Opportunity (NOFO), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this NOFO must be submitted. The decision of whether to submit an application in response to this NOFO lies solely with the applicant.”
However, for your purposes in making that decision, we offer the following based on the information provided in your question:
Applications of interest to this NOFO focus on planning (including data gathering and analysis) and construction activities that support the actual deployment, installation, or implementation of energy technologies. Further, the projects funded under the NOFO are intended to lower or stabilize Tribal energy costs, expand energy access, and advance development of energy projects for Tribal economic development. [Emphasis Added]
Question 37:
Are there any foreign-related sourcing restrictions for equipment and materials are applicable to this grant program?
Answer 37:
Please see the information on Buy America Preference for Infrastructure Projects in the NOFO Part 1 Section IV.D. “Funding Restrictions” on pages 42-43 where it states:
“Awards funded through this NOFO that are for, or contain, construction, alteration, maintenance, or repair of public infrastructure in the U.S. undertaken by applicable recipient types, require that:
- All iron, steel, and manufactured products used in the infrastructure project are produced in the U.S.; and
- All construction materials used in the infrastructure project are manufactured in the U.S.”
More information on how the Build America, Buy America Act affects DOE funding opportunities and awards is at: https://www.energy.gov/management/build-america-buy-america. A multi-agency general applicability public interest waiver for Indian Tribes is in effect and expires January 9, 2030: https://www.energy.gov/management/approved-baba-waiver-2025-12. Please refer to this information to determine whether the Buy America Preference applies to your proposed project’s budget and/or schedule.
Question 38:
Under Topic Area 1, the NOFO states a feasibility study or design engineering is required. Is there a timeframe for these required documents? What counts as completed? For example, would an energy audit from two years ago still count? Would a completed design of a subcomponent count as a completed design?
Answer 38:
As provided in Section III.D.1. of Part 1 of the NOFO, to be eligible under Topic Area 1, applications must, in part, be based on a comprehensive feasibility study that demonstrates the technical and economic viability, including interconnection analyses (if applicable) and financial sustainability, of the proposed project. Energy efficiency projects should be based on energy audits or industrial energy assessments which demonstrate the feasibility of the project being proposed. Regarding your design and engineering questions, please see previously answered Q&A # 33 IE-Exchange Frequently Asked Questions (FAQs) webpage. Further, using your energy audit as an example, this NOFO does not specify a required vintage for the energy audits(s). However, the audit(s) must accurately reflect the building(s) and the building(s) baseline energy use and must provide credible evidence of the savings to be expected as a result of the proposed energy measures. The adequacy of the audit will be evaluated as part of the Review Criteria found under pages 46-48 of the NOFO.
Question 39:
What level of detail and documentation is required for the pro forma cash flow and IRR calculations in the Economics File, and do you require third-party verified financials?
Answer 39:
We do not require third-party verified financials. Per NOFO Part 1 Section IV.C.10 (page 35), “the Economics File should include, as a minimum, a (1) pro forma income statement, (2) pro forma cash flow analysis and its findings (e.g., Internal Rate of Return, Net Present Value), and (3) payback period calculations, in years, against both where benefits can be monetized (a) the total project investment (DOE share and recipient cost share) and (b) solely against the recipient cost share. Each input and all assumptions must be identified”. [Emphasis Added]
Question 40:
Could you provide more clarity around defining the desired geographic distribution as noted under “Other Selection Factors” in the NOFO? Is there a percentage cap for states that Tribes are located in?
Answer 40:
There is not a set percentage cap considered by state regarding the desired geographic distribution of an award selection portfolio. Aside from the merit review scores, the Selection Official may also consider the other selection factors listed in the NOFO Part 1 (page 48), for example, “The degree to which the proposed project, or group of projects, represent a desired geographic distribution.” This selection factor may be used to ensure awards made under this NOFO are more evenly spread out geographically among meritorious applicants.
Question 41:
Are audits required? If yes, for what years?
Answer 41:
Please refer to NOFO Part 2, Section IX. Other Information, M. Annual Independent Audits, for annual independent audit requirements. Also see NOFO Part 1, Section C. Application Content Requirements, 2. Summary of Application Requirements for required application documents. If this does not address your question, please submit another question to the FOA mailbox.
Question 42:
Is a potential applicant that is currently receiving Dept. of Energy, Section 40101(d) – Grid Resilience State and Tribal Formula Grants or funding under any other Federal award eligible under this NOFO?
Answer 42:
Receipt of funding from another federal award would not disqualify eligible applicants from submitting an application under this NOFO.
Per Section IV.C.18 of the NOFO Part 1 (page 39), “If the applicant or project team member has other active awards of federal funds, the applicant must determine whether the activities of those awards potentially overlap with the activities set forth in its application to this NOFO. If there is potential overlap, the applicant must notify DOE in writing of the potential overlap and state how it will ensure any project funds (i.e., recipient cost share and federal funds) will not be used for identical cost items under multiple awards.” If applicable, this requirement is submitted as the “Potentially Duplicative Funding Notice”.
Question 43:
What level of interconnection analysis completion is required at the time of application under Topic Area 1? Specifically, we would like to understand whether DOE expects: (1.) An executed or in-progress interconnection agreement with the relevant utility or grid operator; or (2.) A documented analysis conducted by the applicant or its engineer that identifies interconnection requirements, estimated costs, and anticipated process — without a formal utility-issued study or agreement in hand.
Answer 43:
As provided in Section III.D.1 of the NOFO Part 1, “Applications under Topic Area 1 are expected to be implementation ready, indicating that all necessary pre-development and planning activities have been previously finalized, and awarded DOE funds will enable the implementation of energy improvements in the Tribal community or communities.” The NOFO does not require submission of specific interconnection agreements or interconnection analyses. The Technical Volume template for Topic Area 1, found under Application Forms and Templates listed under the subject NOFO on IE-Exchange provides direction that may be instructive for submission of interconnection agreements and interconnection analyses if relevant to the proposed project. Specifically, the template provides applicants should include “a discussion on interconnection and net energy metering requirements, if applicable, including the level of engagement, thus far, with the local utility(ies) and highlight any arrangements made or agreements obtained.” Further the applicant should “identify barriers or risks that could impede the project and describe plans to overcome or mitigate those barriers or risks, e.g., pending net metering or interconnection agreements.”
Question 44:
Does the applicant have to provide a vendor (contractor) quote and what are the limits on profit margin for subrecipients?
Answer 44:
Per the Budget Justification Workbook template, under tab F, Contractual, “subrecipients shall submit a budget justification describing all project costs and calculations when their total proposed budget exceeds $500,000 of total award costs. Further, for each contractor cost with total project cost of $350,000 or more, a detailed contractor quote must be provided.”
Per 2 CFR section 200.400, “The recipient or subrecipient must not earn or keep any profit resulting from Federal financial assistance unless explicitly authorized by the terms and conditions of the Federal award.” Additional information on the allowability of costs and cost policy is at 2 CFR part 200 subpart E.
Question 45:
Can an award under the Office of Indian Energy’s Unleashing Tribal Energy Development NOFO (DE-FOA-0003548) be used to meet the cost share requirement of another DOE NOFO?
Answer 45:
No. Cost share contribution is not an eligible activity under any of this NOFO’s topic areas (DE-FOA-0003548). In addition, please read information on allowable and unallowable cost share sources in the NOFO part 1 and part 2 documents of any other DOE NOFO of interest. For any questions related to the content of that NOFO, submit questions to that NOFO’s listed email address in eXCHANGE.
Question 46:
Can projects under this NOFO cover distinct elements in a combined scope of work with projects funded under a different DOE NOFO?
Answer 46:
Please refer to the answer to question Question 42.
Question 47:
Is a project where the applicant does not own the land / resource eligible under this NOFO?
Answer 47:
Projects funded under this NOFO are expected to advance Tribal sovereignty through Tribal energy development, efficiency, and use. Projects funded under this NOFO must benefit the eligible applicant and/or Tribal members. More specifically, as provide in the NOFO Project Goals & Objectives, “This NOFO seeks applications to advance affordable, reliable, and secure energy development of Tribal energy resources for the benefit of Tribes and their members. The projects funded under the NOFO will lead to energy projects that are intended to lower or stabilize Tribal energy costs, expand energy access, and advance development of energy projects for Tribal economic development.” Further, a sub bullet of Criterion 2 (page 47 of NOFO Part 1) states the project will be scored based on, “The ability of the proposed project to effectively deliver significant benefits to the applicant(s).”
Under NOFO Part 1 Section IV.14. Applicant Tribal Council Resolution or Declaration of Commitments and Cost Sharing File (page 37) it states, “If the project location is not owned or controlled by the applicant, submit a letter of commitment from the land or building holder as part of the application under the Participant Letter of Commitment and Cost Sharing File.” The energy resources relevant to a proposal need to be under the control of the applicant, whether through direct ownership of the resource, or through the right to develop the resource (e.g., a long-term lease).
Question 48:
Are Tribally Designated Housing Entities (TDHE) Eligible to apply for solar installation projects?
Answer 48:
As stated in Section II regarding Eligibility (page 9) of the NOFO Part 1 “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this NOFO must be submitted. The decision of whether to submit an application in response to this NOFO lies solely with the applicant.” Eligibility to apply under this NOFO is restricted to Indian Tribes (including Alaska Native regional corporations and Village corporations), Tribal and intertribal Organizations; Tribal Energy Development Organizations; and Tribal Colleges and Universities which are defined in Section A “Eligible Applicants” on pages 9-10 of the NOFO Part 1.
Nothing prevents a Tribe from including a TDHE on their proposal’s project team if they wish to.
Regarding solar installation projects, please see previously answer FAQ #20 on the IE-Exchange Frequently Asked Questions (FAQs) webpage
Question 49:
Does a distribution line fall under Topic Area 1 of this NOFO?
Answer 49:
As stated in Section II regarding Eligibility (page 9) of the Notice of Funding Opportunity (NOFO), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this NOFO must be submitted. The decision of whether to submit an application in response to this NOFO lies solely with the applicant.”
However, for your purposes in making that decision, we offer the following based on the information provided in your question:
Please see NOFO Part 1 page 15, Section III.D.1. Under Topic Area 1, the Office of Indian Energy seeks applications for the development of community-scale Tribal energy resources; deployment of community-scale energy generation, storage and/or delivery assets; energy efficiency measures; equipment to strengthen energy infrastructure and implement resiliency enhancements; improvements to lower or stabilize energy costs; and projects that expand electricity access through the upgrade or addition of energy infrastructure. Proposals can include one or a combination of the listed project types. Applications under Topic Area 1 are expected to be implementation ready, indicating that all necessary pre-development and planning activities have been previously finalized, and awarded DOE funds will enable the implementation of energy improvements in the Tribal community or communities. [Emphasis added].
Question 50:
Who is specifically required to complete the Biosketch online from the applicant? Is it required for the Project Manager and Business Contact only? Or are there other roles that need to complete the Biosketch?
Answer 50:
The Project Manager and Business Contact must complete a Biosketch, and there may be other project participants as determined by the Applicant to include. The Office of Indian Energy developed a helpful user guide for when filling out your biographical sketch for each ‘covered individual’ which can be found under the Application Forms and Templates under the subject NOFO on IE-Exchange webpage. Per this guide, “The DOE requires submission of a biosketch for each proposed senior/key personnel/covered individual and other significant contributor on a grant application. For the purposes of this NOFO, a Covered Individual means an individual who (a) contributes in a substantive, meaningful way to the development or execution of the scope of work of a project proposed for funding by DOE, and (b) is designated as a Covered Individual by DOE. [Emphasis Added] As provided in section IV.C.1 of the NOFO Part 1, DOE designates as Covered Individuals any principal investigator (PI); project director (PD); co-principal investigator (Co-PI); co-project director (Co-PD); project manager; and any individual regardless of title that is functionally performing as a PI, PD, Co-PI, Co-PD, or project manager. Note, per the NOFO Part 2, VI.A.5, “DOE reserves the right to require resumes or biosketches, disclosures, and certifications for project participants not defined as covered individuals. You do not need to submit any additional information on non-covered individuals unless we request it.”
Question 51:
For a project to proceed, would the purchase of conservation credits be an allowable cost under this NOFO?
Answer 51:
Per Part II, Section IV.E.1 (page 23), “All expenditures must be allowable, allocable, and reasonable under the applicable Federal cost principles. According to 2 C.F.R. § 910.352, the cost principles in the Federal Acquisition Regulations (48 C.F.R. § 31.2) apply to for-profit entities. The cost principles in 2 C.F.R. Part 200, Subpart E, apply to all entities other than for-profits.”
If selected for award, direction on the allowability, allocability, and reasonableness of costs will be provided in the negotiation process in the context of the proposed project.
Question 52:
Is a project manager an allowable cost to oversee project activities?
Answer 52:
Please see NOFO Part 1, Section IV.C.11 Budget Justification Workbook (page 36) for details on including costs associated with the following activities, as applicable, in addition to project-specific costs: oversight; required annual audits and incurred cost proposals (such costs may be reimbursed as a direct or indirect cost); implementing award-specific requirements such as Buy America requirements; and reporting [emphasis added]. The cost to fund a project manager to oversee projects funded under this NOFO is acceptable, assuming the expenditures are allowable, allocable, and reasonable under the applicable Federal cost principles of 2 C.F.R. Part 200, Subpart E. If selected for award, direction on the allowability, allocability, and reasonableness of costs will be provided in the negotiation process in the context of the proposed project.
Question 53:
Would the development of a scalable program be allowed under Topic Area 1?
Answer 53:
Topic Area 1 entails the construction of energy assets and projects. Applications under Topic Area 1 are expected to be implementation ready, indicating that all necessary pre-development and planning activities have been previously finalized, and awarded DOE funds will enable the implementation of energy improvements in the Tribal community or communities. Under Topic Area 2, the Office of Indian Energy seeks applications to conduct pre-development community-scale energy planning activities. Under Topic Area 3, the Office of Indian Energy seeks applications to conduct pre-development large-scale energy project planning, assessment, and feasibility activities. Please refer to the Topic Area descriptions in NOFO Part 1, Section II.D. (page 15 – 25) for full descriptions of the Topic Areas.
Question 54:
Can an applicant apply for Technical Assistance and funding under this NOFO?
Answer 54:
An applicant can only apply for funding under the NOFO. Requests for technical assistance can be submitted through the email link on the Technical Assistance webpage. Be advised that the Office of Indian Energy cannot advise or facilitate a grant application. See the call out box on p. 23 of the NOFO Part 1 which states “Separate to funding under this Topic Area, the Office of Indian Energy offers free technical assistance, which is designed to support Tribes and other eligible applicants evaluate and advance energy projects during early-stage project development. Some early-stage project activities deemed eligible activities under this NOFO may be completed through technical assistance.
Question 55:
Is a Tribally-chartered Public Utilities Department (PUD) eligible to apply under this NOFO using the Tribal PUD's own UEI, and negotiated indirect cost rate, etc.?
Answer 55:
As stated in the NOFO Part 1, Section II regarding Eligibility (page 9), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this NOFO must be submitted. The decision of whether to submit an application in response to this NOFO lies solely with the applicant.”
However, for your purposes in making that decision, we offer the following based on the information provided in your question:
“Tribal Organization,” for purposes of this NOFO means any legally established organization of an Indian Tribe, which is controlled, sanctioned, or chartered by the recognized governing body of that Indian Tribe. Per NOFO Part 1, Section II.A.1. (page 10), “Applicants may also submit applications on behalf of Indian Tribe(s) by an authorized “Tribal Organization,” provided the application includes evidence of that authority.” Evidence of that authority may include, but is not limited to, a constitution, resolution, ordinance, executive order, charter or other legal documentation so long as such evidence carries the same level of Tribal leadership commitment as a Tribal Council Resolution. [Emphasis added]
Question 56:
Does DOE expect or encourage applicants to distinguish between structurally durable demand and condition-dependent (non-durable) load within their modeling assumptions? If yes, are there preferred frameworks or methodologies for incorporating that distinction into applications?
Answer 56:
This NOFO seeks applications to advance affordable, reliable, and secure energy through development of Tribal energy resources for the benefit of Tribes and their members. The projects funded under the NOFO will lead to energy projects that aim to lower or stabilize Tribal energy costs, expand electric and other energy access, and advance energy projects for Tribal economic development. Please see the technical volume and other application files regarding project information requested by the Office of Indian Energy, the templates for which can be found here: DOE: IE-Exchange: Funding Opportunities. All proposals to this NOFO will be evaluated based on the criteria located in NOFO Part 1, Section VI.C.2. Technical Review Criteria (pages 46 – 48).
Question 57:
How are incremental costs associated with energy systems, which may be allocable costs under an award, distinguished from costs for the construction of a building or structure, which would not be allocable to an awarded project.
Answer 57:
As stated in NOFO Part 1 Section III.E. (page 25), applications specifically not of interest include, “Applications proposing the construction of a building(s) or structure(s) such as carports. Only the incremental costs associated with the installation of energy generating system(s), energy storage system(s), integrated energy system(s), or energy efficiency measures will be considered allocable to the proposed DOE funded project and not the cost of constructing the building(s) or structure(s), unless those structures are integral to the proposed project.” [Emphasis Added]
Determining incremental costs will be specific to each project, but in general the incremental cost is determined by considering the cost of a baseline building or structure with the cost of the building or structure that incorporates the proposed energy system.
Question 58:
When developing project sizing and financial models, would incorporating variability or uncertainty in projected load (for example, scenarios where demand may change over time due to cost, usage, or operational factors) be viewed as strengthening the credibility of an application under the Technical Review Criteria? I want to ensure that modeling assumptions align with DOE expectations around realism, cost effectiveness, and long-term reliability.
Answer 58:
As noted in the previously answered Q&A #56, “All proposals to this NOFO will be evaluated based on the criteria located in NOFO Part 1, Section VI.C.2. Technical Review Criteria (pages 46 – 48).” Discussion on the rational for a given proposal’s technical and economic viability should be included in the appropriate sections of the Technical Volume. Technical Volume templates with descriptions of these sections can be found on DOE: IE-Exchange: Funding Opportunities.
Question 59:
Can a Tribe, Alaska Native Village, and/or other eligible entity apply and be the lead applicant for an energy efficiency and resiliency project on a state-owned school building that serves approximately 96% of Tribal students and also serves as a community hub/resilience center for local Native Villages?
Answer 59:
Yes. The eligible entity must be the applicant. Please see previously answered Q&A, #22, #28, #32 and #47 on the IE-Exchange Frequently Asked Questions (FAQs) webpage for additional details and considerations if they apply to your proposed project. See also Section IV C.14 on p. 37 of the NOFO Part 1 where the NOFO states: “(If the project location is not owned or controlled by the applicant), submit a letter of commitment from the land or building holder as part of the application under the Participant Letter of Commitment and Cost Sharing File.”
Question 60:
In reviewing application content and form requirements, there are additional requirements in the NOFO Part 2 that are not listed in the NOFO Part 1: “19. Summary for Public Release” and “20. Summary Slide.” Are these documents required for application submittal?
Answer 60:
The NOFO is divided into two parts to differentiate between funding announcement-specific information, and standard information that typically remains consistent across different DOE NOFOs. NOFO Part 1 is unique to this funding opportunity. Although bullet numbers “19. Summary for Public Release” and “20. Summary Slide” are listed as required documents in Part 2, Part 1 is specific to this NOFO and therefore neither document is required nor optional (Office of Indian Energy is not requesting them to be included with your application). For a complete list of “required”, “optional”, or “if applicable” documents, please see the table on page 33 of the NOFO Part 1 titled “Application Requirements by Topic Area”. [Emphasis Added] Please also reference previously answered Q&A’s #3 and #4 on the IE-Exchange Frequently Asked Questions (FAQs) webpage.
Question 61:
Please provide clarification as to expectations related to complying with 2 CFR 200.318-200.319 Key Requirements. Specifically, if a Tribe or Tribal Consortium engages a contractor to assist in writing the grant application and providing scope of work and budget, may that contractor also submit under competitive procurement to perform resulting federally funded work or will they be disqualified/considered as an organizational conflict of interest?
Answer 61:
Awards under this funding opportunity will be subject to the requirements at 2 CFR part 200. Section 200.317 states, “When conducting procurement transactions under a Federal award, a State or Indian Tribe must follow the same policies and procedures it uses for procurements with non-Federal funds. If such policies and procedures do not exist, States and Indian Tribes must follow the procurement standards in §§ 200.318 through 200.327. In addition to its own policies and procedures, a State or Indian Tribe must also comply with the following procurement standards: §§ 200.321, 200.322, 200.323, and 200.327. All other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow the procurement standards in §§ 200.318 through 200.327.” [Emphasis Added] Note that if your application is selected for negotiation toward an award, any sole source contracts will need to be approved by DOE.
Question 62:
We have installed a biomass boiler and related equipment, but they are not yet connected to any buildings. We would apply under Topic Area 1 for funding to complete the installation of the boiler by installing the hydronic loop system. We need to spend money to get an updated cost estimate for the material, labor, etc. Would these costs be allowable? Would this be considered a pre-award cost?
Answer 62:
As per the NOFO Part 1, Section III.D.1 (page 15), “Applications under Topic Area 1 are expected to be implementation ready, indicating that all necessary pre-development and planning activities have been previously finalized, and awarded DOE funds will enable the implementation of energy improvements in the Tribal community or communities.” [Emphasis Added]
Costs incurred to develop an application are not allowed. Pre-awards costs are defined in NOFO Part 2, Section IV.E.2. Pre-Award Costs (page 23-24), “If selected for award negotiations (selectees), you must request prior written approval to charge pre-award costs. Pre-award costs are those incurred before the effective date of the negotiated Federal award where such costs are necessary for efficient and timely performance of the scope of work.” As noted in the NOFO, pre-award costs cannot be incurred before selection.
Question 63:
Does the covered individual have to be involved before the application? For example, are funds expected to pay a covered individual to have plans before the application?
Answer 63:
Please see the NOFO Part 1 Section IV.C.1 starting on p. 30 regarding covered individuals: “For the purposes of this NOFO, a Covered Individual means an individual who (a) contributes in a substantive, meaningful way to the development or execution of the scope of work of a project proposed for funding by DOE, and (b) is designated as a Covered Individual by DOE. Often, these individuals have doctoral or other professional degrees, although individuals at the master’s or PhD-candidate level may be considered Covered Individuals if their involvement meets this definition. Consultants, graduate students, and those with a postdoctoral role also may be considered Covered Individuals if they meet this definition. DOE designates as Covered Individuals any principal investigator (PI); project director (PD); co-principal investigator (Co-PI); co-project director (Co-PD); project manager; and any individual regardless of title that is functionally performing as a PI, PD, Co-PI, Co-PD, or project manager.”
Please see NOFO Part 2 starting on p. 23 for details regarding ‘pre-award’ costs.
Question 64:
We are looking to upgrade our electrical to 3-phase in a Tribally-owned public building to support a wood energy system that heats both the building and is also used for a wood drying kiln. Would we need to apply for the entire project or could we just apply for the electrical upgrades? If it’s possible to just run similar upgrades for other tribal facilities nearby?
Answer 64:
As stated in the NOFO Part 1, Section III.D.1. Topic Area 1 (page 15), “Under Topic Area 1, the Office of Indian Energy seeks applications for the development of community-scale Tribal energy resources; deployment of community-scale energy generation, storage and/or delivery assets; energy efficiency measures; equipment to strengthen energy infrastructure and implement resiliency enhancements; improvements to lower or stabilize energy costs; and projects that expand electricity access through the upgrade or addition of energy infrastructure. Proposals can include one or a combination of the listed project types.” [Emphasis Added]
However please note, the NOFO Part 1, Section II.B (page 11) states, “Each application must focus on a single project; unrelated projects cannot be consolidated in a single application. Applications can only be submitted under a single Topic Area.” [Emphasis Added]
Question 65:
Does the Office anticipate future funding opportunities for similar community-scale Tribal projects in the next few years? If a Tribe completes a Topic Area 2 feasibility study under this NOFO, would that work strengthen a future Topic Area 1 application?
Answer 65:
When or if future Notice of Funding Opportunities (NOFOs) are issued and the Topic Areas of any such NOFO is dependent on congressional appropriations as well as program priorities. To see the history of funding opportunities from the Office of Indian Energy, please visit the Office’s past funding opportunities webpage: Past Funding Opportunities | Department of Energy.
Per NOFO Part 1, Section III.D.2 (page 17), “Applicants who receive an award under Topic Area 2 and successfully complete project planning activities will be well positioned to apply for project deployment/installation under a future NOFO (pending availability of funds).” [Emphasis Added]
Question 66:
When filling out the application details found under the ‘General’ tab in IE-Exchange, there is a required field called ‘Lead Organization Percent Effort (1-100)’. Can you clarify what to include and/or consider when providing this estimate? For example, clarify the following:
• Subrecipients/Vendors: Do subrecipients or vendors need to be listed in the organization's tab within the portal?
• Work Attribution (Vendor): If the primary applicant hires a vendor, should the primary applicant report 100% of the work, or should a portion be attributed to the vendor?
• Work Attribution (Subrecipient): If the lead organization (Applicant) is proposing a subrecipient, is it required to assign a percentage of the work performed to that subrecipient?
Answer 66:
Enter the percentage of the work the lead organization (Applicant) will complete, up to 100%. Additional work performed by project partners (subrecipient, vendor, etc.), if applicable, can be completed under the ‘Other Organization(s)’ section found within the ‘Organizations’ tab. The total percent effort applied to the project by the lead organization and/or other organization(s) must sum to 100%.
This Notice of Funding Opportunity (NOFO) does not prescribe a specific percentage of work that must, as a minimum, be performed by the Applicant. However, when estimating the lead organization’s percentage of work do consider, it will be the Applicant who is responsible for the award. The individuals designated as the Applicant’s Business Point of Contact and the Technical Point of Contact will be the individuals whom DOE will correspond with regarding the application. Additionally, if the application is selected for and receives an award, the Applicant will, at a minimum, ultimately be responsible for the cost share (if applicable), negotiating with DOE regarding the scope and budget for an award, complying with the Terms and Conditions of an award, including reporting, requesting reimbursement, complying with any required annual audit requirements, and being the point of contact for DOE regarding the financial assistance agreement. See Part 2 of the NOFO, section VIII.A, ‘Post-Award Requirements and Administration’ for additional administrative responsibilities.
Question 67:
Will DOE consider a project that primarily yields economic benefits to the Tribe, but does not directly serve the Tribe’s electric load? For example, a Tribe owns a dam that needs significant upgrades which would result in significant cost savings due to decreased maintenance. However, the dam does not directly power the Tribe's energy grid, despite being owned by the Tribe and on Tribal land.
Answer 67:
This NOFO seeks applications to advance affordable, reliable, and secure energy through development of Tribal energy resources for the benefit of Tribes and their members. The projects funded under the NOFO will lead to energy projects that aim to lower or stabilize Tribal energy costs, expand electric and other energy access, and advance energy projects for Tribal economic development. See the NOFO Part 1, Section III.D.1 (page 15): under Topic Area 1, “the Office of Indian Energy seeks applications for the development of community-scale Tribal energy resources; deployment of community-scale energy generation, storage and/or delivery assets; energy efficiency measures; equipment to strengthen energy infrastructure and implement resiliency enhancements; improvements to lower or stabilize energy costs; and projects that expand electricity access through the upgrade or addition of energy infrastructure. Continuing, all proposals to this NOFO will be evaluated based on the criteria located in NOFO Part 1, Section VI.C.2. Technical Review Criteria (pages 46 – 48). More specifically, Criterion 1 and 2 factors state respectively, “The extent to which the project directly addresses the identified energy needs of the applicant(s), is consistent with the applicant's stated energy goals, and enhances the applicant's capacity for self-determination and control over its energy resources; and “the ability of the proposed project to effectively deliver significant benefits to the applicant(s).” Please also see previously Q&A numbers 20 and 53 on the IE-Exchange Frequently Asked Questions (FAQs) webpage for additional information and/or considerations that may be applicable to your proposed project. [Emphasis Added].
Question 68:
Is the Applicant required to complete both the SF-424 in the Budget Justification excel table, as well as a PDF version through IE-exchange?
Answer 68:
Please see the NOFO Part 1, Section IV.C.2 “Summary of Application Requirements.” As noted in the table on page 33, the required file format for the Application for Federal Assistance (SF-424) is PDF and the required file format for the Budget Justification Workbook is MS Excel. Additional details on Application Content Requirements can be found in pages 30-42. Applicants are strongly encouraged to use the suggested templates found under ‘Application Forms and Templates’ on IE-eXCHANGE at https://ie-exchange.energy.gov/.
Question 69:
Is the completion of an energy audit a prerequisite for eligibility for topic area 1?
Answer 69:
Per NOFO Part 1, Section III.D.1 (page 15), “Applications under Topic Area 1 are expected to be implementation ready, indicating that all necessary pre-development and planning activities have been previously finalized, and awarded DOE funds will enable the implementation of energy improvements in the Tribal community or communities.” Continuing, “Energy efficiency projects should be based on energy audits or industrial energy assessments which demonstrate the feasibility of the project being proposed.” Topic Area 2 specifically states eligible planning activities may include, but are not limited to, “Conducting energy audits to establish baseload energy use and energy efficiency options.” (Section III.D.2, page 17) [Emphasis Added]
Question 70:
The budget justification workbook only contains one budget period. We are unable to create additional budget periods due to protected cells or because it would disrupt the workbook formulas. Is there a way to create additional budget periods?
Answer 70:
See the NOFO Part 1 Section I.A.2, page 7 “Period of Performance”: DOE anticipates making awards, comprised of single or multiple budget periods. If applicable, project continuation will be contingent upon DOE’s Go/No-Go decision.” Additional details on Go/No-Go Review are in the NOFO Part 1 Section VIII.A.2 on page 51 and in the NOFO Part 2 Section VIII.A.2 on page 42.
DOE will determine whether to use a single or multiple budget periods for any individual award during award negotiations once an application has been selected for negotiation. The Office of Indian Energy is not requesting the creation of additional budget periods in the budget justification workbook. You may use the space provided in the “Additional Explanation” box (rows 33-34) on the Summary tab of the budget justification workbook to describe project phases in presenting your proposed project to DOE, should you wish to include this optional information as relevant to the project.
Question 71:
Can this NOFO fund the energy efficiency and/or generation portion of a building being constructed?
Answer 71:
If a project is otherwise eligible, the energy efficiency and/or generation portion of a building being constructed may be an eligible cost.
As noted in the NOFO Part 1, Section III.E. Applications Specifically Not of Interest (page 25) “The following types of applications will be deemed non-responsive and will not be reviewed or considered… Applications proposing the construction of a building(s) or structure(s) such as carports. Only the incremental costs associated with the installation of energy generating system(s), energy storage system(s), integrated energy system(s), or energy efficiency measures will be considered allocable to the proposed DOE funded project and not the cost of constructing the building(s) or structure(s), unless those structures are integral to the proposed project.” [Emphasis Added]
Question 72:
Is a Tribal government considered a “domestic government entity” and exempt from submitting a Transparency of Foreign Connections disclosure?
Answer 72:
Please see the NOFO Part 1 Section IV.C. 19 (page 39) “Transparency of Foreign Connections.” For the purposes of the Transparency of Foreign Connection provision under this NOFO, the Tribal government of a Federally Recognized Tribe is considered a “domestic government entity” and therefore exempt from submitting a Transparency of Foreign Connection disclosure. However, “The applicability of disclosure requirements is determined by the entity type. Regardless of whether the applicant is exempt, the subrecipient(s) must provide these disclosures unless the subrecipient is also exempt” and “Applicants, regardless of entity type, must provide complete responses for project team members that are not U.S. National Laboratories, domestic government entities, or institutions of higher education.” For the convenience of the entity providing the disclosure and certification, if applicable, a template is available at Transparency of Foreign Connections however, the entity is not required to use this specific format. If you have further detailed questions, please contact rtesinfo@hq.doe.gov. [Emphasis Added]
Question 73:
Could we apply for prior written approval to charge pre-award costs?
Answer 73:
No. Per Part 2 of the NOFO, Section IV.E.2 (page 23), “If selected for award negotiations (selectees), you must request prior written approval to charge pre-award costs.” Therefore, unless your application is selected for award negotiations, the opportunity to submit written approval to charge pre-award costs is not allowed. [Emphasis Added]
Question 74:
We are still needing to pay someone to obtain cost estimates to finish our project, it seems this action would not be a permissible activity under Topic Area 1 and therefore we would apply under Topic Area 2? Further, if awarded under Topic Area 2, would we have to wait for another funding source for the installation/deployment of our project?
Answer 74:
Per Part 1 of the NOFO, Section I.B (page 8), “Projects under Topic Area 1 are expected to serve the electric loads and support the energy needs of Tribes at the scale of a Tribal Community or communities. These projects entail the construction of energy assets and projects. Topic Area 2 contemplates projects that have not completed all required pre-development activities as required under Topic Area 1.” Therefore, if awarded under Topic Area 2, only costs associated with pre-development and planning activities would be considered allowable and not deployment or constructions activities (except for final engineering and design).
Question 75:
Can cost share be met using formula funding that a Tribe is expected to receive after the application submission deadline? If the Tribe can provide documentation demonstrating that the anticipated formula funding is committed and will be sufficient to meet the cost share requirement, would that be considered acceptable? Additionally, would relying on pending cost share impact the competitiveness of the application in any way?
Answer 75:
The source of the formula funding will determine if it is allowable as cost share. The NOFO Part 1, Section II.C. (page 12) states, “The cost share must come from non-federal sources unless otherwise allowed by law.” For more information on this, see Q&A #2 (DOE: IE-Exchange: FAQs). Determination as to whether or not the use of the formula funds is permissible for cost share must be obtained from the Federal agency providing the Federal funds in question.
Per NOFO Part 2, Section II.A (page 6), “Cost share must meet requirements set forth in 2 C.F.R. §§ 200.306 and 910.130 and the cost principles set forth in 2 C.F.R. §§ 200.400-476 and 2 C.F.R. §§ 910.352.” Continuing, “Cost share must: Be verifiable when the application is submitted; Be cash, cash equivalents, or in-kind contribution; or come from nonfederal sources (unless otherwise allowed by law), such as project participants, state or local governments, or other third-party financing. Per Part 2 of the NOFO, Section II.5 (p. 7), “You must provide written assurance of your proposed cost share contribution in your application. If selected for award negotiations, you must provide additional information and documentation on your cost share contributions.” [Emphasis Added]
Question 76:
We are a group of geophysicists currently working with a Federally Recognized Tribe (which subcontracts to us) to explore geothermal energy. Could you confirm whether this NOFO must be led by a Tribal organization, or if it may be led by universities collaborating with the Tribe? If yes, could the Tribal organization subcontract us to perform the related project tasks?
Answer 76:
See the NOFO Part 1, Section VI Application Review Information. Applications that do not meet eligibility criteria will be deemed nonresponsive and will not be reviewed and considered. Eligibility criteria include, but are not limited to, information detailed in the NOFO Part 1, Section II.A.1. (page 9): “In accordance with Energy Policy Act of 2005 (EPAct 2005) authorities, including 25 U.S.C. § 3502(b)(2), and consistent with 2 C.F.R. 910.126, eligibility for this NOFO is restricted to: Indian Tribes (including Alaska Native regional corporations and Village corporations); Tribal and intertribal Organizations; Tribal Energy Development Organizations; and Tribal Colleges and Universities.”
For questions around subrecipient eligibility, please refer to Q&A #28 on DOE: IE-Exchange: FAQs.
Please also review previously answered Q&A #’s 7, 10, 59, 66 on the DOE: IE-Exchange: FAQs, and NOFO Part 1 Section III.E “Applications Specifically Not of Interest”(p. 25) to help clarify and provide additional information and/or considerations that may be applicable to your proposal.
Question 77:
For our proposed project, we are listing a subcontractor with 30% responsibility in the overall effort. Our most competitive candidate is 50% foreign-owned and 50% U.S.-owned company where the U.S. is considered their primary market. Is this an issue and should we pivot to an entirely U.S.-owned company?
Answer 77:
This NOFO is competitive; therefore, DOE will not advise on the eligible applicant’s selection process for subcontractors. Applicants are responsible for determining whether subrecipients do or do not meet the qualifications for a domestic entity and following the applicable requirements. See the following sections of the NOFO in case they are applicable to your project:
NOFO Part 1, Section II.2 – II.4 (pages 10-11) for details regarding Foreign Entity Participation, Performance of Work in the U.S., and Ineligible Participants including Entity of Concern Prohibition.
NOFO Part 1, Section IV.21 (p. 40) regarding Waiver for Foreign Entity Participation.
Question 78:
Under Topic Area 1, will you accept an application which includes a turnkey CHP solution provided by a company in DOE’s public-private partnership “Packaged Combined Heat and Power (CHP) Catalog (eCatalog)”?
Answer 78:
Eligibility to apply under this NOFO is restricted to Indian Tribes (including Alaska Native regional corporations and Village corporations), Tribal and intertribal Organizations; Tribal Energy Development Organizations; and Tribal Colleges and Universities which are defined in the NOFO Part 1, Section A “Eligible Applicants” (pages 9-10). Therefore, a company/consultant cannot submit as an applicant. However, nothing prevents an eligible applicant from including a company/consultant as a project team member if they wish to.
All proposals to this NOFO will be evaluated based on the criteria located in NOFO Part 1, Section VI.C.2. Technical Review Criteria (pages 46 – 48).
Please review previously answered Q&A #’s 20, 33, and 38 on the IE-Exchange Frequently Asked Questions (FAQs) webpage that may be applicable to your proposed project.
Question 79:
Can this NOFO be used for efficiency lighting upgrades on the interior and exterior of an existing office building?
Answer 79:
Energy efficiency upgrade activities are allowable under Topic Areas 1 and 2.
The NOFO Part 1, Section III.D.1 states, “Under Topic Area 1, the Office of Indian Energy seeks applications for the development of community-scale Tribal energy resources; deployment of community-scale energy generation, storage and/or delivery assets; energy efficiency measures; equipment to strengthen energy infrastructure and implement resiliency enhancements; improvements to lower or stabilize energy costs; and projects that expand electricity access through the upgrade or addition of energy infrastructure.”[Emphasis Added]
In the NOFO Part 1, Section III.D.2. (page17) it states, “Eligible planning activities under Topic Area 2 may include, but are not limited to … Conducting energy audits to establish baseload energy use and energy efficiency options.”
Question 80:
Do Davis-Bacon Act requirements apply to this Notice of Funding Opportunity (NOFO)?
Answer 80:
The Davis-Bacon Act requirements under the Infrastructure Investment and Jobs Act (IIJA) are not appliable to this NOFO. This NOFO is funded by base appropriations not the IIJA.
Projects funded, in whole or in part, by the IIJA that involve construction, alteration or repair are required to follow Davis-Bacon Act standards.
Question 81:
If we produce more energy from our project than we can consume, are we able to sell the energy back to an entity like our utility or a public co-op?
Answer 81:
There is no restriction in the NOFO related to the sale of excess generated energy from the project so long as all applicable requirements detailed in the NOFO Part 1 and NOFO Part 2 are met. This NOFO seeks applications to advance affordable, reliable, and secure energy through development of Tribal energy resources for the benefit of Tribes and their members. The projects funded under the NOFO will lead to energy projects that aim to lower or stabilize Tribal energy costs, expand electric and other energy access, and advance energy projects for Tribal economic development. See also, 2 CFR § 200.307 Program income, which may be applicable.
Question 82:
The NOFO states that sub-recipients may use an in-kind contribution as part of the cost-share requirement. Can the applicant also use in-kind contributions to meet the cost match requirements? And if so, are there any constraints on what can be included in that in-kind contribution?
Answer 82:
If the application is selected for and receives an award, the Applicant will ultimately be responsible for the cost share, if applicable, depending on Topic Area. The applicant may use in-kind contributions to meet applicable cost match requirements, including cost share provided by a Subrecipient. Please see the NOFO Part 1 Section IV.C.14 “Applicant Tribal Council Resolution or Declaration of Commitments and Cost Sharing File” for information on including a statement of commitment and cost sharing in the application. “All Tribal Council Resolution(s), declarations, or resolutions must [among other requirements] Identify the type of cost share being committed (donated time, equipment use, unrecovered fringe benefit costs or unrecoverable indirect costs, and cash or in-kind provided by a third party).” See also the NOFO Part 1 Section IV.C.16 “Participant Letters of Commitments and Cost Sharing File” (page 38) for information to submit for each third party contributing to cost sharing. See also the NOFO Part 2 Section I.A. “Cost Sharing” (page 6-9) for detailed information on Federal cost sharing requirements. Subsection 3 “Cost Share Types and Allowability” states “In-kind contributions are those where the value of the contribution can be readily determined, verified, and justified but no actual cash is transacted to secure the good or service that makes up the contribution. For allowable types of cost share, refer to 2 C.F.R. § 910.130 for for-profit entities or 2 C.F.R. § 200.306 for all other entity types.” Lastly, see previously answered Q&A #23 for additional details on the IE-Exchange Frequently Asked Questions (FAQs) webpage. [Emphasis Added].
Question 83:
The proposed project will be submitted by a TCU with a tribal housing authority as a sub-recipient. Both of these organizations are managed by boards and do not require a resolution from the Tribal Council to apply. Would it be beneficial to include a letter of support from Council?
Answer 83:
As stated in NOFO Part 1, Section IV.C.14, All applicants are required to submit an executed Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File to include a statement of commitment and cost sharing by the applicant. [Emphasis added]
Per the NOFO Part 1, Section IV.C.16 Participant Letters of Commitments and Cost Sharing File (page 38), “Submit letters of commitment from all subrecipients. In addition, submit letters of commitment from all third-party cost share providers. If applicable, the letter must state that the third party has committed to provide a specific minimum dollar amount or value of in-kind contributions allocated to cost sharing. Letters of support or endorsement for the project from entities that do not have a substantive role in the project will not be accepted.” [Emphasis Added]. If the Tribe has a substantive role in the proposed project, a letter should be submitted with your application. If the Tribe does not have a substantive role in the proposed project, the letter will not be accepted. For information on how Letters of Commitment are evaluated as part of DOE’s technical review criteria, refer to Criterion 3 in the NOFO Part 1, Section VI.C.2. (page 47).