Frequently Asked Questions

1. As stated in Section II.A.1. (page 10) of the Funding Opportunity Announcement (FOA), “DOE anticipates making approximately eight (8) to twenty (20) grant awards with DOE funding per individual award varying between ranging from $50,000 to $250,000, and to not exceed $250,000.” Therefore, applications requesting more than $250,000 will not be considered.
   
   
2. If you are asking for a determination on the appropriateness (or eligibility) of any or all of the elements of the project as described above, Section III.F. (page 16) of the FOA states, “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

Additionally, Section I.C., Applications Specifically Not of Interest (pages 8 and 9), specifically states that applications proposing the “purchase of major equipment”, the “installation of energy hardware”, and “major construction of manufacturing facilities or buildings” are not of interest, will be deemed nonresponsive and will not be reviewed or considered. 

Under the ‘Submission of Multiple Applications’ as part of the Executive Summary (page 1 of the Funding Opportunity Announcement), “Applicants may submit more than one application to this FOA, provided each is unique and distinct and addresses only one Topic Area.”  

Also, Section III.E, Limitation on Number of Applications eligible for Review,  "Each application must have a distinct title, unique Control Number as assigned by EERE Exchange during the registration process, and be readily distinguishable.”

The control number is not synonymous with an EIN/TIN. As stated on the cover page of this Funding Opportunity Announcement, “A control number will be assigned while registering in EERE Exchange. Retain this number as it will be used as an identifier and required on all application documents.” Also, see Section IV.A., Application Process, which provides additional information on including the control number on all application documents.

As stated in Section III.F. (page 16) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, Section I.A. (page 3) states, “Pursuant to its authorizing statute, the Office of Indian Energy will only accept applications from an eligible Indian Tribe (including Alaska Native villages, Alaska Native Regional Corporations and Village Corporations) or Tribal Energy Resource Development Organization. Applications from a consortium of Indian Tribes (Tribal Consortium) will be accepted but must be submitted by a single Indian Tribe actingas the Applicant representing the Consortium. Per the Eligibility information (Section III.A), a “Tribal Consortium” (plural consortia), means a group of Indian Tribes, that have chosen to submit a single application.” Applications from any other organization or entity, regardless of whether they represent an eligible Applicant, will not be accepted.

As such, an “Inter-tribal Organization” or an organization comprised of two or more Indian tribes, established under Congressional, State, or Tribal law to act on behalf of the participating Indian tribes such as inter-tribal councils, regional tribal organizations or associations, Alaska Regional Development Organizations (ARDORs), or tribal federations, are not eligible.

The Funding Opportunity Announcement (FOA) First Steps Toward Developing Renewable Energy and Energy Efficiency on Tribal Lands – 2016 (DE-FOA-0001621) is not meant as a replacement for any past or future FOAs. It is anticipated, though, that this Office will continue to offer funding opportunities, possibly the deployment grant opportunity again. However, as our funding is subject to annual Congressional appropriations, it is not possible to predict when the next funding opportunity will be offered or what type of projects or activities will be solicited.

To be notified of future grant opportunities, you may be interested in joining our email newsletter. You may subscribe at http://energy.gov/indianenergy/office-indian-energy-policy-and-programs (see ‘Get Our Email Updates’ in the bottom right hand corner of the webpage).

1. As stated in Section III.A. (page 11) of the Funding Opportunity Announcement (FOA), “Tribal Energy Resource Development Organization” for purposes of this FOA, 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 U.S.C. § 3503, where “organization” means a partnership, joint venture, Limited Liability Company (LLC) or other unincorporated association or entity that is established to develop Indian energy resources.”  For more information in regard to eligibility, please see section III.A., Eligible Applicants (page 10).

Although “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted” and the “decision of whether to submit an application in response to this FOA lies solely with the Applicant”, it does not appear that the relationship, as described, would meet the definition of a “Tribal Energy Resource Development Organization”.  The Indian Tribe, however, could certainly submit its own application with the University included as a subrecipient.

1. Per the FOA, the “Applicant’s “Business Contact” and “Technical Contact” must be representatives of the Indian Tribe or Tribal Energy Resource Development Organization.”  Per the FOA definitions (Appendix A), a “Principal Investigator” means a representative authorized to act as the Technical Contact or Project Manager on behalf of the Applicant and would be the prime point of contact for DOE’s Project Officer during project performance, if an agreement were to be awarded.
   
   
2. There is not a requirement mandating a specific budget allocation among project participants. It is required, though, that any subawardee (subrecipient or subcontractor, excluding vendors) expected to perform work estimated to be more than $250,000 or 25 percent of the total work effort (whichever is less), submit a separate budget justification (Form IE 335) as part of the application.

An executed Tribal Council Resolution is required as part of any and all applications submitted by an Indian tribe. An application would be considered incomplete if only a draft Tribal Council Resolution were submitted.

Please ensure you are registered in www.grants.gov, in the event there are any Amendments to this funding opportunity announcement.  

DOE cannot make eligibility determinations prior to the date on which applications to this FOA must be submitted. However, per the funding Opportunity Announcement (FOA), an eligible “Indian Tribe” (including Alaska Native villages, but not Alaska Native Regional Corporations and Village Corporations), must be federally recognized as listed in Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, published by the Department of Interior’s Bureau of Indian Affairs in the Federal Register on May 4, 2016, 81 FR 26827 (http://www.bia.gov/cs/groups/xraca/documents/text/idc1-033010.pdf).”

As such, the link above includes the list of federally recognized Indian tribes.

As tax payer dollars are used to fund these activities, the final report and annual presentations at the Program Review will be made public.  However, DOE will attempt to respect the confidentiality or proprietary nature of any information.

Information such as the application or quarterly reports will not be made public; however, that information could be requested (and potentially obtained) through a Freedom of Information Act (FOIA) request.  

Specific to the application, see Section VIII.E., Treatment of Application Information, which describes how to mark information which may be privileged or confidential.

The applicant or subrecipient in a proposal would always their approved indirect rate if the organization has a rate agreement or current provisional rate agreement from their cognizant agency. An entities indirect rate would not change regardless of whom the University worked with or for.

Per the funding Opportunity Announcement (FOA), an Indian Tribe (including Alaska Native villages, Alaska Native Regional Corporations and Village Corporations) is eligible to submit an application or a single Indian tribe may submit an application on behalf of a “Tribal Consortium”.  As specified in the FOA, a Tribal Consortium may consist only of a group of Indian tribes that have chosen to submit a single application. A Tribal Consortium cannot include or consist of “inter-tribal organizations.” Further, per the FOA, a Tribal Council Resolution is required from each Indian Tribethat participates in a Tribal Consortium.

Therefore, if Indian tribes are actual participants in the proposed project or they represent the Tribal Consortium on whose behalf the application is being submitted, then a Tribal Council Resolution is required from each of those Indian tribes. Ifan inter-tribal organization is proposed subrecipient or other project participant working with the Indian tribe(s) who applied, then a Resolution, declaration, or letter from the inter-tribal organization is required.

Please also note that per the FOA, “All resolutions, declarations and letters of commitment must be specific to this FOA”.

A general timeline is included on the cover sheet of the Funding Opportunity Announcement (FOA). Specifically, the submission deadline for applications is October 20, 2016 at 5:00 p.m. Eastern Time, the expected date for DOE selection notifications is February 2017, and the expected timeframe for award negotiations is 90 days after receipt of any requested supplemental information.  

Please note that the cover page was in error and the expected date for DOE selection notification is February 2017, not February 2016.  This has been updated in the Funding Opportunity Announcement.

If you are referring to the registration process in EERE Exchange which includes identifying ‘Team Members”, then those subrecipients, whether consultants, vendors, or other participant should be included as a “Team Member”. Please refer to Section IV.C, Content and Form of the Application, on page 16 of the Funding Opportunity Announcement (FOA) document for the content for a complete application.

1. An applicant may cost share any amount as long as it is 10% or more of the total project costs. Therefore, the maximum total projects costs could exceed $277,778 (maximum of $250,000 in DOE funds and the minimum of 10% cost share of $27,778). Note that the 10% is not 10% of DOE requested funds, but rather 10% of the total project costs.

2.  The maximum amount of DOE funds per award is $250,000.  Therefore, if multiple applications are submitted by a single entity, each application could request DOE funds of no more than $250,000.

An Indian tribe may apply under the Funding Opportunity Announcement (FOA) DE-FOA-0001621, entitled First Steps Toward Developing Renewable Energy and Energy Efficiency on tribal Lands – 2016, even if they were previously awarded under a prior FOA; however, the activities proposed must not be duplicative, and may not supplement an existing funded project.

A “renewal” of an existing DOE-funded award means an application to "add" one or more budget periods and extend the period of the existing DOE-funded award.  As such, activities proposed under FOA DE-FOA-0001621 must not duplicate activities under a DOE-funded award or supplement a DOE-funded award by extending currently DOE-funded activities; however, those proposed activities could compliment activities under a currently DOE-funded award.

Per the Funding Opportunity Announcement (FOA), the Office of Indian Energy will “only accept applications from an eligible Indian Tribe (including Alaska Native villages, Alaska Native Regional Corporations and Village Corporations) or Tribal Energy Resource Development Organization.” Also, per the FOA, “Applications from any other organization or entity, regardless of whether they represent an eligible Applicant, will not be accepted.”

Therefore, an application from an environmental consulting firm, regardless of whether that firm represents and eligible Indian tribe, will not be accepted.

As stated in Section IV.C.8. Statement of Commitment and Cost Sharing File (page 27 and 28),

“Statements of Commitment by Applicants must include:

1) Authorize the submittal of the application;

2) Commit to the proposed project;

3) Identify the amount and source of cost share [Emphasis added]; and

4) Include a statement of commitment for the requisite cost share.”

A discussion of how applications under all six (6) Topic Areas will be evaluated can be found in Section V.A. Technical Review Criteria (beginning on page 35).

Per the Funding Opportunity Announcement (FOA), the Office of Indian Energy will “only accept applications from an eligible Indian Tribe (including Alaska Native villages, Alaska Native Regional Corporations and Village Corporations) or Tribal Energy Resource Development Organization.” Also, per the FOA, “Applications from any other organization or entity, regardless of whether they represent an eligible Applicant, will not be accepted.”

“Tribal Energy Resource Development Organization” for purposes of this FOA, 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 U.S.C. § 3503, where “organization” means a partnership, joint venture, Limited Liability Company (LLC) or other unincorporated association or entity that is established to develop Indian energy resources.” [Emphasis added]

Therefore, unless the Colorado Plateau Cooperative Ecosystem Studies Unit (CPCESU) meets the definition of a “Tribal Energy Resource Development Organization” as defined above, it would not be eligible to submit an application.

1)    The Workplan Format included as Appendix C to the Funding Opportunity Announcement (FOA) and as a Workplan Template under Required Application Documents on EERE Exchange include instructions and multiple examples of the Milestone Summary Table and therefore, is not intended to conform to the 5 page limit.  An example Workplan is not available as each Workplan should be unique to the project being proposed.  

2)    Although not exhaustive, please see below for potential energy efficient and renewable energy options.

“Renewable energy systems” include systems for: (1) electric power generation; and/or (2) heating or cooling systems. Renewable energy systems also include renewable energy fueled combined heat and power systems (see below).

1)    Renewable energy systems for electric power generation include, but are not limited to, photovoltaic (solar electric), biomass (including waste to energy), wind power, run‐of‐the‐river hydropower, incremental hydropower, or other renewable energy hybrid systems for electricity power generation.

2)    Heating or cooling systems include, but are not limited to, the use of biomass for high efficiency combustion systems (i.e., stoves and boilers), active solar thermal systems for space or water heating, wind energy for heating, direct‐use hydrothermal (geothermal) resources for water and space heating, or other renewable energy hybrid systems for heating and/or cooling.

“Energy Efficiency Measures (EEMs)” means the implementation of building efficiency or industrial process efficiencies that use less energy to provide the same service. Building efficiencies may include, but are not limited to, building envelope improvements (improvements to walls, roofs, foundation slab, ceiling, windows, doors, insulation), the installation of energy efficient equipment, high‐efficiency lighting, efficient appliances, air sealing, moisture management, controlled ventilation, high R‐value (high thermal resistance) insulation, high efficiency windows, efficient heating systems (furnaces, boilers, passive solar), efficient cooling systems (air conditioners, evaporative coolers), ground source heat pumps, high efficiency office equipment, energy saving building electrical equipment, and efficient mechanical systems and heat recovery ventilation units. Industrial process efficiencies may include, but are not limited to, insulating piping, tank walls and roofs, the installation of higher efficiency equipment (e.g., heat exchangers, compressors, blowers, pumps, and fans), minimizing air leaks, optimizing air systems through the use of variable speed drives, and adding or optimizing controls.

Note that energy efficiency is not energy conservation, where energy conservation means decreasing energy consumption by reducing or going without a service to save energy. Energy conservation typically involves a behavioral change and may include meters or other indicators to induce that behavioral change. If energy conservation is proposed in response to Topic Area 1.b, the application will be deemed nonresponsive and will not be reviewed or considered.

3)    DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. However, the creation of a new staff position is not specifically disallowed. If the creation of a new position is being proposed, you may include a job description as part of the Budget Support attachment (seeSection IV.C.18.)

4)    Please use Budget Justification Form IE-335 as it is the form specified in the FOA as required and the form included on EERE Exchange under Required Application Documents for this FOA.

1. As stated in Section III.F. (page 16) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”  For your purposes in making that decision, however, we would direct you to the following FOA requirements:

    

   Per the Funding Opportunity Announcement (FOA), the Office of Indian Energy will “only accept applications from an eligible Indian Tribe (including Alaska Native villages, Alaska Native Regional Corporations and Village Corporations) or Tribal Energy Resource Development Organization.” Also, per the FOA, “Applications from any other organization or entity, regardless of whether they represent an eligible Applicant, will not be accepted.”

    

   “Tribal Energy Resource Development Organization” for purposes of this FOA, 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 U.S.C. § 3503, where “organization” means a partnership, joint venture, Limited Liability Company (LLC) or other unincorporated association or entity that is established to develop Indian energy resources.”

    

   Therefore, unless your Tribal energy company meets the definition of a Tribal Energy Resource Development Organization above and as included in the FOA, it would not be eligible to submit an application.

    

2. Please see the response to #1 above. Per the FOA, a “Tribal Council Resolution from each participating Indian Tribe, declaration (or resolution) from each Tribal Energy Resource Development Organization, and a letter of commitment from all other project participants are required as a part of the application.”

1. You may want to contact the federal agency from whom you are receiving the funds to determine the specific statute under which the funds are being provided, as that statute will specify if those funds may be used as non-Federal cost share on Federal grants.

Note that per the funding Opportunity Announcement (FOA), “[i]f the funds being proposed as non-Federal cost share against this announcement are from a Federal source, allowed to by law, the Applicant must specifically identify those funds and provide that authority as part of the application.”

2. Funds from another grant/contract/compact/funding agreement would be considered cash and should be reflected as such under the “Cost Share” section of the Budget Justification Form IE 335.

1. As each grant application will be different and because this Funding Opportunity Announcement (FOA) is competitive, DOE will not advise on what type of agreements, if any, would be beneficial of increase the likelihood of selection. However, a “description of the organizational relationships (e.g., subcontractors, vendors, partners, etc.), including any existing agreements between the Applicant and project participants (contract, Memorandum of Understanding, or other)” should be included under the Roles Responsibilities, Capabilities and Commitment section of the Technical Volume and copies of those agreements may be included as part of the Statement of Commitment and Cost Sharing File.
   
   
2. See above and refer to Section IV.C.8., Statement of Commitment and Cost Sharing File, on pages 27 and 28 of the FOA for required commitment documentation.
   
   
3. As stated in #1 above, DOE will not advise applicants on the merit of potential partners. Be aware, however, that contributions by other federal agencies would be considered federal contributions and could increase the amount of non-federal cost share needed to meet the minimum required 10%.

          Please note Cost Share allowability in Section III, Part 3 Cost Sharing.

As stated in Section III.F. (page 16) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”  For your purposes in making that decision, however, we provide the following information:

1. Topic Area 1 is intended to broadly explore a variety of “demand-side” and “supply-side” options, rather than conduct a feasibility study of a single option resulting in a 30% engineering design and informed estimate of probable cost for a renewable energy project.
   
   
2. It is not intended that building energy audits would be conducted under Topic Area 1 as building energy audits are specific to Topic Area 2 (Establish Baseline Energy Use and Efficiency Options).

Under the “First Steps Towards Developing Renewable Energy and Energy Efficiency on tribal Lands - 2016“ Funding Opportunity Announcement (FOA), biofuels are not considered renewable energy.

 1. At the time of submission, official commitments for cost share, either cash or in-kind contributions, must be included as part of the application. If the cost share is cash, tThe cost share must be verifiable from the Recipient or third party contributor records.  Meaning if DOE requests further documentation to verify the cash contribution, that documentationit can be provided. If the cost share is an in-kind contribution, the official commitment provided with the application should include a verifiable basis for the value of the contribution. Please see Appendix B of the Funding Opportunity Announcement for further explanation.

1. DOE cannot advise on the competitiveness of any application, however, per the response to Question #16 under Frequently Asked Questions on the EERE Exchange website, an “Indian tribe may apply under the Funding Opportunity Announcement (FOA) DE-FOA-0001621, entitled First Steps Toward Developing Renewable Energy and Energy Efficiency on tribal Lands – 2016, even if they were previously awarded under a prior FOA; however, the activities proposed must not be duplicative, and may not supplement an existing funded project.” Please also review Question #25 as it clarifies eligible activities under Topic Area 1.
   
   
2. The Code of Federal Regulations (§2 CFR 200) requires full and open competition to the maximum extent practical. Although selecting subawardees, subcontractors, or vendors non-competitively is not expressly prohibited, there are limited situations under which a sole source contract can be made. Specifically per §200.320(f), “[p]rocurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:

(1) The item is available only from a single source;

(2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or

(4) After solicitation of a number of sources, competition is determined inadequate.”

Further, as stated in Section IV.C.9. Subcontract Plan File (Page 28), “[a]ny project participants not competitively selected must be approved by DOE.” [Emphasis added]. Specifically, if an application is selected for negotiations toward an award and has proposed a subawardee, subcontractor, or vendor non-competitively selected, per §2 CFR 200.317(f)(3), a formal request and justification to the DOE Contracting Officer will be required. Please note that a formal noncompetitive request is not required as part of the application.

3. Although considered under previous FOAs, a reduction to the minimum required cost share of 10% is not being entertained under this FOA.

Although the activities described for Topic Areas #1 and #2 may appear similar, the purposes of the Topic Areas are distinct and it is not the intent of the Funding Opportunity Announcement (FOA) that “all of the activities described under Topic Area #2” are “covered under Topic Area #1.” Specifically,

Topic Area 1 (Conduct Energy Options Analyses), is intended as an analysis of tribal energy resources, analysis of tribal energy loads (current and future energy consumption), “demand-side” options that reduce energy consumption, and evaluation of local and commercial energy “supply-side” options. The options analysis should address both “supply-side” and “demand-side” options and possible energy sources, including conventional and non-conventional sources, but must include renewable energy and energy efficiency options. Whereas, Topic Area 2 (Establish Baseline Energy Use and Efficiency Options) is specific to conducting building energy audits and exploring energy efficiency options only. It is not intended that building energy audits would be conducted under Topic Area 1.

Please also see Question #25 under the Frequently Asked Questions on EERE Exchange that states that “Topic Area 1 is intended to broadly explore a variety of “demand-side” and “supply-side” options” and that it is “not intended that building energy audits would be conducted under Topic Area 1 as building energy audits are specific to Topic Area 2 (Establish Baseline Energy Use and Efficiency Options).”

Therefore, the activities described under Topic Area 2 are not covered under the scope of Topic Area 1 as Topic Area 1 does not include building energy audits, and as such, a project funded under Topic Area 1 would not include all of the steps/activities under Topic Area 2 as building energy audits would not be reimbursable under Topic Area 1.

As long as the cost of the solar systems and the cost of the installation (excluding any voluntary labor in the form of an apprenticeship or internship, as described below) are not being requested under this grant, the costs associated with providing solar job training to your Tribal members in the form of an “apprenticeship or mentorship (learning a job or skill by working for a fixed period of time for someone who is very good at that job or skill)” or an “internship (student or trainee who works in an organization, sometimes without pay, in order to gain work experience)” as described in the Funding Opportunity Announcement (FOA), would be eligible under Topic Area 6.   The costs associated with the personnel who conduct the “roof classroom sessions” as you described, would not be eligible under Topic Area 6, or any other costs if those costs are customarily considered part of the installation costs. In-classroom trainings as you’ve describe or “seminars (short-term lecture oriented training)” as defined in the FOA would be eligible.

The use of consultant services for analysis, planning, and evaluation related to the Topic Areas specified in the FOA are not prohibited and therefore, consultants may carry out those Topic Area related services as a subrecipients. In this instance, the exclusion of “procurement of project-related services” under Section I.C. (Applications Specifically Not of Interest) includes only those services related to: project-specific feasibility study activities such as resource assessments, economic analysis, environmental studies, or market analysis; project development activities (pre-construction activities) such as design and engineering, transmission studies, environmental studies, and project cost and financing related activities; or activities related to the other prohibited activities under Section I.C.

In procuring the services of a permissible consultant, however, see the response to item #2 under Question 28 of the Frequently Asked Questions for this FOA for specific requirements for full and open competition and the limited circumstances under which noncompetitive procurements are allowable.

If you are inquiring about the currently open Funding Opportunity Announcement (FOA), entitled “First Steps toward Developing Renewable Energy and Energy Efficiency on Tribal Lands – 2016” (DE-FOA-0001621), please see the response to Question #4 under Frequently Asked Questions which states,

“As such, an “Inter-tribal Organization” or an organization comprised of two or more Indian tribes, established under Congressional, State, or Tribal law to act on behalf of the participating Indian tribes such as inter-tribal councils, regional tribal organizations or associations, Alaska Regional Development Organizations (ARDORs), or tribal federations, are not eligible.”

However, please be aware that each FOA is unique and therefore, each should be reviewed specifically for eligibility. Please be aware that only a Notice of intent has been issued for the planned “Deployment of Clean Energy and Energy Efficiency Projects on Indian Lands” FOA. If that is the FOA of interest, please review the eligibility section once it has been issued, or inquire again at tribal@ee.doe.gov.

1. No, Concept Papers are not required under this Funding Opportunity Announcement (FOA). Only Full Applications are being accepted.

2. Yes, a Technical contact must be designated in your Application and on EERE Exchange when submitting your application.

As stated in the FOA on page 20, “Applicant’s Project Manager (otherwise known as the Technical Contact)” and on page 23 the “Applicant’s “Technical Contact” is one authorized to act as project manager on behalf of the Applicant and would be the prime point of contact for DOE’s Project Officer during the project performance, if an agreement is awarded.” Additionally, on page 24 under “Roles, Responsibilities, Capabilities, and Commitment”, the application should contain the following information: Identify who will represent the Applicant as the “Business Contact” and the “Technical Contact” for the Applicant under the DOE agreement, if one is awarded. The Applicant’s “Business Contact” and “Technical Contact” must be representatives of the Indian Tribe (including Alaska Native Regional Corporation and Village Corporation) or Tribal Energy Resource Development Organization.” [Emphasis added]

As the agreement (if one is awarded) will be between the eligible entity and the DOE, the Business Contact who is authorized to act on behalf of the eligible Applicant must be a representative of the eligible Applicant.  It is highly recommended that the Technical Contact (project manager) also be a representative of the eligible Applicant; however, if that authority is deferred to a representative of another participating entity, written delegation from the eligible Applicant will be required.

Unfortunately, DOE is unable to advise you on whether the nature of the work being performed constitutes that of a vendor or a sub-recipient. Please refer to the below definitions for sub-recipient and vendor, which come from the Contractual tab of the IE 335 Budget Justification form and use your best judgement. Although you should strive to submit a complete and comprehensive application, DOE will obtain any supplemental information needed, if an application is selected for negotiation towards an award.

Please be aware that the Code of Federal Regulations (2 CFR 200) requires full and open competition to the maximum extent practical. Although selecting subawardees, subcontractors, or vendors non-competitively is not expressly prohibited, there are limited situations under which a sole source contract can be made. See an excerpt of 2 CFR §200.320(f) below.

“Sub-recipients (partners, sub-awardees): Subrecipients shall submit a quote and separate IE 335 Budget Justification describing all project costs and calculations when their total proposed budget exceeds either (1) $250,000 or (2) 25% of total award costs. If the budget does not exceed $250,000 or 25%, a quote will still be required. These sub-recipient forms may be completed by either the sub-recipients themselves or by the preparer of this form.  The budget totals on the sub-recipient's forms must match the sub-recipient entries below. A subrecipient is a legal entity to which a subaward is made, who has performance measured against whether the objectives of the Federal program are met, is responsible for programmatic decision making, must adhere to applicable Federal program compliance requirements, and uses the Federal funds to carry out a program of the organization. All characteristics may not be present and judgment must be used to determine subrecipient vs. vendor status.”

“Vendors (including contractors): List all vendors and contractors supplying commercial supplies or services used to support the project. For each Vendor cost with total project costs of $250,000 or more, a Vendor quote must be provided. A vendor is a legal entity contracted to provide goods and services within normal business operations, provides similar goods or services to many different purchasers, operates in a competitive environment, provides goods or services that are ancillary to the operation of the Federal program, and is not subject to compliance requirements of the Federal program. All characteristics may not be present and judgment must be used to determine subrecipient vs. vendor status."

Specifically per 2 CFR §200.320(f), “[p]rocurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:

(1) The item is available only from a single source;

(2) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

(3) The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or

(4) After solicitation of a number of sources, competition is determined inadequate.”

Section III.F. on page 16 of the Funding opportunity Announcement (FOA) states, “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, Section I.C., Applications Specifically Not of Interest, on pages 8 and 9 of the FOA, specifically states that applications proposing the “purchase of major equipment” and the “installation of energy hardware” are not of interest, and will be deemed nonresponsive and will not be reviewed or considered. 

Per the Fringe tab under the IE 335 Budget Justification form “If the fringe benefits are more than 35%, please provide a list of the components/elements that comprise said costs and the cost or percentage of each component/element for each position identified in the Budget Justification.” Unless submitting an indirect rate proposal for review, please just complete the Fringe tab of the Budget Justification (Form IE 335) and provide, as part of the Budget Support file attachment, the list of the components/elements that comprise said costs and the cost or percentage of each component/element for each position identified in the Budget Justification.

The Office of Indian Energy Policy and Programs (Office of Indian Energy) truly understands the difficulties associated with fiscal year end and of limited staff; however, it was our hope that by issuing a Notice of Intent (NOI) in July (specifically July 17, 2016) and leaving the FOA open for over sixty days (August 16, 2016 through October 20, 2016), that would provide sufficient time for interested applicants to prepare applications. Unfortunately, due to fiscal year 2017 considerations, it is not feasible for us to consider an extension to the FOA.    

Subject to the amount of Congressional appropriations (if any), the Office of Indian Energy will consider your request and the needs of Indian Country in determining whether a similar opportunity can be offered next year.

As stated in Section III.F. (Page 16) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”  For your purposes in making that decision, however, we provide the following information:

1. On page 4 of the Funding Opportunity Announcement (FOA), it states, “Under Topic Area 1, DOE is soliciting applications for the analysis of energy options consistent with the Indian Tribe’s and/or the Tribal Energy Resource Development Organizations energy vision. An energy options analysis should result in a thorough understanding of tribal energy resources, analysis of tribal energy loads (current and future energy consumption), “demand-side” options that reduce energy consumption, and evaluation of local and commercial energy “supply-side” options. The energy options should be measured against tribal screening criteria that provide a framework for ranking the available options.”

As such, a high level planning assessment of the greenhouse gas emissions associated with existing energy consumption and the opportunities to reduce greenhouse gas emissions through both demand side and supply side options, relative to the Tribes environmental and climate action goals (”vision” as described above and in the FOA) and for used as “screening criteria” for ranking options (as described above and in the FOA) is consistent with the “high level analysis” described above for Topic Area 1.

2. The development and implementation of Tribal energy codes and ordinances that require demand side options in new construction on the reservation would be reasonable options for consideration as part of an “implementation plan” (the result of the options analysis); however actually “crafting energy policy, such as renewable energy standards, building codes, or energy related by-laws” would not, as those activities are specifically only eligible under Topic Area 5.

1) As stated in Section III.F. (page 16) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”  For your purposes in making that decision, however, we provide the following information:

Strategic energy planning, as used in the context of the Funding Opportunity Announcement (FOA), is intended to be developed prior to the more detailed Energy Options Analyses described under Topic Area 1 of this FOA. As indicated under Topic Area 1 on page 5 of the FOA, an “energy options analysis may include…….[s]creening of energy options relative to the Indian Tribe’s and/or the Tribal Energy Resource Development Organization’s long-term strategic plan and energy vision.” For more on strategic energy planning, see DOE Office of Indian Energy Policy and Programs Tribal Strategic Energy Plan and Planning Handbook and specifically for Alaska, the Alaska Strategic Energy Plan and planning Handbook. Although not covered under this FOA, strategic energy planning assistance is offered through the Office of Indian Energy Policy and Programs.  For more on how to apply for this no-cost” assistance, see On-Request Technical Assistance on our website.

2) Each application is limited to one Topic Area. Under ‘Submission of Multiple Applications’ of the Executive Summary on page 1 of the Funding Opportunity Announcement it states, “Applicants may submit more than one application to this FOA, provided each is unique and distinct and addresses only one Topic Area.” As indicated above, strategic energy planning is not an eligible activity under this FOA and therefore would not be considered.