Frequently Asked Questions

Select a FOA to view questions and answers for the specific funding opportunity. Alternatively select "Non-FOA related items" to view system FAQ items.

Question 1: Do the two FOA’s released today fund electric vehicle supply equipment (EVSE) infrastructure?
Answer 1:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

As described in Executive Summary (page 1) and Section I.A. (page 6) of the Funding Opportunity announcement (FOA), Clean Energy Technology Deployment on Tribal Lands – 2022 (DE-FOA-0002774), applications are being solicited to: (1) install clean energy generating system(s) and energy efficiency measure(s) for Tribal Building(s) (Topic Area 1); or, (2) deploy community-scale clean energy generating system(s) or energy storage on Tribal Lands (Topic Area 2); or, (3) install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power a single or multiple essential tribal facilities during emergency situations or for tribal community resilience (Topic Area 3).

Therefore, unless the EVSE infrastructure meets the Topic Areas above and as described in the FOA document, it would not meet the intent of the FOA.

If this response does not fully answer your questions, please submit another more specific question, providing additional information.

Question 2: Can a tribal government apply if we are not a federally recognized tribe?
Answer 2:

No, tribal governments not federally recognized are not eligible for funding. Specifically, per Section III.A. of the Funding Opportunity Annoucnement (beginning on page 23) “eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.

 

Where,

 

““Indian Tribe,” for the purposes of this FOA and as defined in in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 5304),2 means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [ 43 U.S.C. § 1601, et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See below for further definition.

 

For the purposes of this FOA, an eligible Indian tribe, band, nation or other organized group or community (including Alaska Native villages), 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 January 28, 2022, 87 FR 19.”

Question 3: Can you please tell me if a Tribal Authority Letter would be acceptable in lieu of a Tribal Resolution? The Nation has written in to its constitution the authority for our Executive, the Governor, to unilaterally approve an application to funding opportunities via Tribal Authority Letter, as opposed to using a Tribal Resolution, which goes through a lengthier process with our tribal legislature.
Answer 3:

The form of commitment and cost sharing is dependent on the entity applying as the applicant and the authorities that entity has been granted. If the applicant is an Indian tribe that has a Tribal Council, the applicant must submit an executed Tribal Council Resolution – a Tribal Authority Letter is not sufficient. As set forth in the Funding Opportunity Announcement (FOA), Section IV.C.6., Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File, if an Indian tribe is the applicant, “that statement of commitment and cost sharing must be in the form of an executed Tribal Council Resolution, unless an Indian Tribe does not have a Tribal Council. If an Indian Tribe does not have a Tribal Council, the statement of commitment and cost sharing may be in a format other than a Tribal Council Resolution and must include evidence of the statutory or other legal authority authorizing that form of commitment in lieu of a Tribal Council Resolution. Such evidence must establish that the commitment submitted carries the same level of Tribal leadership commitment as a Tribal Council Resolution.”

If, however, an application is being submitted on behalf of Indian Tribe(s) by an authorized Tribal Organization, as that term is defined on page 24 of the FOA, “evidence of that authority is required as part of the application, along with a declaration (or resolution) from the Tribal Organization, and a letter of commitment from all other project participants. Evidence may include, but is not limited to, a constitution, resolution, ordinance, executive order, charter, or other legal documentation (see IV.C.5., Eligibility Statements and Evidence).”

Whereas, if an application is being submitted by a Tribal Energy Development Organization, as that term is defined on page 24 of the FOA, the FOA states on page 40, ”the statement of commitment and cost sharing may be in the form of a declaration or resolution signed by an authorized representative able to commit the entity.

Question 4: Are Tribal organizations other than federally recognized tribes eligible as indicated on Grants.gov?
Answer 4:

Yes, Tribal organizations  other than federally recognized tribes are eligible applicants under this Funding Opportunity Announcement (FOA), as specified under Section III.A.

Section III.A. (page 23) of the FOA states, “In accordance with EPAct 2005 authorities and consistent with 2 CFR § 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.” See the definitions in Section III.A. or Appendix A of the FOA. Additionally, as stated on page 24 of the FOA, “[a]pplications may also be submitted on behalf of Indian Tribe(s) by an authorized “Tribal Organization”, provided evidence of that authority is included as part of the application.”

Therefore, “Native American tribal organizations (other than Federally recognized tribal governments)” as specified on Grants.gov are eligible, provided that the Native American tribal organization is an Intertribal Organization or Tribal Energy Development Organization as defined in Section III.A. of the FOA. Further, Tribal Organizations (as that term is defined on page 24 of the FOA) are not directly eligible; however, they may submit an application on behalf of an Indian tribe (as defined on page 23 of the FOA), provided they have evidence of that authority.

Non-federally recognized tribes and tribal organizations, other than the ones identified in Section III.A. of the FOA, are not eligible applicants.

Question 5: Are we able to use DOE funds to install solar on the homes of Tribal Members? These are homes that are not owned by the Tribe but are on Tribal land. Would the Tribe need to retain ownership of the solar, or could it be owned by the Tribal Member? If the Tribe needs to maintain ownership, is it possible to implement a reduced-cost lease program for the Tribal Members for an extended period of years?
Answer 5:

As defined on page 9 and in Appendix A of the Funding Opportunity Announcement (FOA), “Tribal Buildings may include, but are not limited to, tribal member homes, schools, community buildings, clinics/hospitals, tribal government buildings, fire stations, police stations, radio stations, washaterias, utility facilities (such as water/wastewater systems), or tribal businesses.” [Emphasis added]

If the homes are not owned by the Tribe, the Recipient (if an award is made) shall include the paragraph below in its contract(s) or other agreement(s) with each homeowner or other entity receiving solar equipment with funding provided through this Agreement:

“This contract is subject to the use and disposition requirements contained in 2 CFR §200.313. These requirements include, but are not limited to, restrictions against encumbrance of the solar equipment (e.g., the homeowner will not use the equipment as collateral for a loan) without approval of the Department of Energy, and the homeowner’s recognition that the Department of Energy retains a property interest in the solar equipment until such time as the equipment has a fair market value of $5,000 or less.”

The type of contract(s) or agreement(s) the Recipient (if an award is made) makes with each homeowners or other entity receiving the solar equipment is not under the purview of DOE; it must, however, include the statement above.

Title to the equipment would conditionally vest with the Recipient (if an award is made). Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The non-Federal entity cannot encumber this property without approval of the Federal awarding agency and must follow the requirements of 2 CFR 200.313 before disposing of the property. Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as it is needed, whether or not the project or program continues to be supported by the Federal award. When no longer needed for the originally authorized purpose, the equipment may be used by programs supported by DOE in the priority order specified in 2 CFR 200.313(c)(1)(i) and (ii). Management requirements, including inventory and control systems, for equipment are provided in 2 CFR 200.313(d).

Question 6: My question is what would we need to do to put forth a proposal that meets the “detailed feasibility study” criteria in the RFP.
Answer 6:

For Topic Area 1 and Topic Area 2 (see Section I.B.), the comprehensive feasibility study is a required application document which must clearly identify the need, demonstrate the rationale for selecting the proposed clean energy technology as opposed to other options, demonstrate the availability of the resource, and demonstrate the technical and economic viability of the proposed clean energy.

For Topic Area 3 (see Section I.B.), the comprehensive feasibility study is a required application document which must clearly identify the need, demonstrate the rationale for selecting the proposed integrated energy system(s) as opposed to other options, demonstrate the technical and economic viability of the proposed integrated energy system(s).

Further, for Topic Area 2.a. and Topic Area 3 (see pages 15 and 17), applications “must demonstrate the availability of the renewable energy resource for the life of the project, and applications proposing geothermal, or biomass systems must also demonstrate the sustainability of the resource.”

The application, including the comprehensive feasibility study, will be reviewed relative to the technical review criteria under Section V.A.

Question 7: I have some questions regarding the Tribal Grants / Funding that are available. 1) Are there any Tribal Grants currently available regarding Energy projects such as; Solar, Battery Storage, Microgrid, or EV Charging? 2) Is there a cost-sharing and or matching requirements for the Tribal Grants? 3) Can a third-party help manage the grant application process and funding disbursements for the Tribal Businesses, Colleges, etc.?
Answer 7:

I have some questions regarding the Tribal Grants / Funding that are available. 

  1. Regarding funding opportunities for Indian tribes, the Office of Indian currently has two Funding Opportunities Announcements (FOAs) current open, as follows:
  1. Deploy clean energy technology on Tribal lands (DE-FOA-0002774)  

Applications due February 9, 2023

Information webinar November 29, 2022 (1:00-3:00 Mountain)

 

  1. Power unelectrified Tribal buildings (DE-FOA-0002771)

Applications due February 23, 2023

Information webinar December 1, 2022 (1:00-3:00 Mountain)

 

Please review the FOAs for eligible technologies. You may also wish to explore the DOE Office of Indian Energy’s Current Funding Opportunities | Department of Energy  and Funding - Energy Communities  for other opportunities.

  1. Per the FOAs issued by the DOE Office of Indian Energy under Section III.B., “[u]nless DOE approves a requested cost share reduction, a 20% cost share of the total allowable costs of the project (i.e., the sum of the DOE share, and the Recipient share of allowable costs equals the total allowable cost of the project) is required.”

However, Applicants may request a cost share reduction as part of their application, as set forth in Section III.B. of the FOA documents. As stated under Section III.B.2, “[c]ost share reduction requests of less than 10% of the Total Project Costs will not be considered. Cost share reductions from the required 20% to 10% will be based on financial need, specifically (1) poverty rate, or (2) median household income of the tribal community as a percentage of statewide median household income.”

  1. Regarding a third-party managing the grant application process and funding disbursements, the DOE Office of Indian Energy will only make awards and provide funding to eligible applicants or those eligible to submit an application on behalf of an eligible Indian tribe as defined in the FOA documents (Section III.A.).
Question 8: We would like to know if we can apply for a project in two separate villages on the same application? We would be applying to put battery systems that are almost identical in each village. To us it makes sense to do two in one application to cut down on duplicate administration.
Answer 8:

Per the Executive Summary on page 2 of the Funding Opportunity Announcement (FOA) document, “Applicants may submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area. 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 be limited to a single unique and distinct project; unrelated projects cannot be consolidated in a single application.”

Per Section III.F. “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, based on the limited information provided, we offer the following in making your decision.

If the projects are in two distinct villages, albeit similar in scope, they would be considered unrelated and cannot be consolidated into a single application.

Question 9: SAM registration, Exchange and Login.gov have been problematic for many remote Alaska tribes who have poor internet and are unable to access the web. Can applications be submitted via email?
Answer 9:

The DOE Office of Indian Energy is unable to accept applications through any other means than IE-Exchange.

For security purposes, two-factor authentication is now required to access IE-Exchange, requiring applicants to create a Login.gov profile. Further, the other required registrations are required to apply for and accept an award. Specifically,

  1. System for Award Management (SAM) registration, including obtaining a Universal Entity Identifier (UEI), is required to apply for and accept a federal award;
  2. FedConnect registration is required to receive federal award documents; and
  3. Grants.gov registration is required in order to receive automatic updates when amendments to the FOA have been posted.

 

Question 10: 1) Per page 1 of the Funding Opportunity Announcement (FOA), DOE anticipates making awards with a period of performance of approximately two (2) to four (4) years including the mandatory 12-month verification period. Based on that statement is the DOE equating period of performance with simple payback performance? 2) Regarding the submission of multiple applications (pages 2 and 37 of the FOA document), would the DOE clarify the definition of more than one application. 3) Regarding environmental benefits as identified on page 7 of the FOA document, besides reduction of carbon dioxide (CO2), sulfur dioxide (SO2), and nitrogen oxide (NOX), are any other factors required?
Answer 10:
  1. Period of performance as used in the FOA document means the duration of the grant. Therefore, DOE anticipates making grant awards with a period of performance of approximately two (2) to four (4) years including the mandatory 12-month verification period. The period of performance is not associated with the simple payback period.

 

  1. Per page 2 and 37 of the FOA document, “[a]pplicants may submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area. 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 be limited to a single unique and distinct project; unrelated projects cannot be consolidated in a single application.”

 

Per Section III.F. of the FOA document, “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.” As this is a competitive process, the DOE Office of Indian Energy is unable to advise you on how to structure your application(s).

 

However, we offer the following in making your decision:

 

In considering whether to submit one or more than one application, you may want to consider, among other things: the maximum amount of Federal funds per award (see Section II.A. on page 22 of the FOA document), similarity in the type of each project (e.g., lighting, industrial process efficiencies, etc.), the scale of each project (e.g., facility or community scale), and possibly the timing of each proposed project. For instance, if projects are being proposed for existing “Tribal Building(s)” and new “Tribal Building(s)” that are currently being constructed or planned to be constructed during the proposed grant period, the timing of new construction might be a consideration on whether the project for the new “Tribal Building(s)” is proposed under a separate application. Further, you may wish to consider similar project scope such as combining facility-scale projects, combining all lighting projects, or combining community-scale projects, with each under a separate application. The factors described above are not exclusive but are some that you may wish to consider in determining your proposal strategy.

 

  1. Beyond a few examples such as reduction in emissions and reduction in fossil fuel used, the FOA document and the Technical Volume template do not specify the specific environmental factors to be considered. The applicable criteria to be used in evaluating each application include the “[e]xtent to which the proposed project provides economic (e.g., money saved, jobs, etc.) or other benefits to the Indian Tribe(s) and tribal community” (page 56) and the significant outcomes (page 57) which include:
  • Amount of energy saved, displaced, or generated;
  • Economic benefits (e.g., money saved, people trained, jobs created);
  • Environmental benefits (e.g., reduction in emissions); and
  • Other outcomes (e.g., replicability, resiliency, reliability, environmental stewardship,
  • specific energy goal(s) met, step toward energy independence).

 

Question 11: I’m sitting in the webinar for the new Clean Energy grants (DE-FOA-0002774) and there is a requirement of a feasibility study. Can you provide some guidance of what would be acceptable for DOE in this regard? I was planning on having a private solar development company do a feasibility study about the plan I want to propose for this grant. Is that theoretically acceptable and is there a requirement as to the exact form the feasibility study must take?
Answer 11:

Please see the answer to question 6 on the FAQs webpage and the Funding Opportunity Announcement (FOA) document under the Topic Area of interest for the requisite content of the required comprehensive feasibility study.

The FOA does not specify who should complete the comprehensive feasibility study, provided it contains the requisite content and demonstrates the technical viability of the proposed project (see Criterion 2 under Section V.A. for the technical review criteria). Further, there is no specific format prescribed for the require comprehensive feasibility study.  

Question 12: Hello, is Geothermal drilling an eligible funding activity in the FOA? I could not distinguish if it would be considered construction.
Answer 12:

Per Section III.F. (page 32), “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, for your purposes in making that decision, we offer the following based on the limited information provided:

Per Section I.C. of the Funding Opportunity Announcement (FOA), the following applications are specifically not of interest, ”[a]pplications that fall outside the technical parameters specified in Section I.B. of the FOA” and “[a]pplications proposing studies, design, and engineering (excluding final design and engineering), or development (pre-construction) activities; or any other activity which does not directly result in the installation of equipment to generate electricity and/or heating or cooling, reduce energy use, or enhance energy storage and delivery infrastructure.”

Specifically, geothermal drilling typically involves identifying and assessing the geothermal resource and would not, in and of itself, result in the installation of equipment to generate electricity and/or heating or cooling. Further, as stated under Section I.B. relative to Topic Area 2.a. (page 15) and Topic Area 3 (page 17), applications “must demonstrate the availability of the renewable energy resource for the life of the project, and applications proposing geothermal, or biomass systems must also demonstrate the sustainability of the resource.”

Based on the above, geothermal drilling would not, in and of itself, result in the installation of equipment to generate electricity and/or heating or cooling and would be required prior to submitting an application to demonstrate the availability and sustainability of the resource.  A geothermal drilling project, therefore, would not be of interest under this FOA.

 

 

Question 13: Are Tribes permitted to work with National Labs as subcontractors/sub-grantees for this FOA?
Answer 13:

There are no prohibitions against an eligible applicant working with a DOE/National Nuclear Security Administration (NNSA) Federally Funded Research and Development Centers (FFRDCs), including DOE laboratories, or non-DOE/NNSA FFRDCs. For purposes of this response, the terms National Laboratory and FFRDC are used interchangeably.

However, project involvement of DOE/NNSA FFRDCs or non-DOE/NNSA FFRDCs comes with additional requirements. The use of an FFRDC must be consistent with its authority under its federal contract. Specifically, the cognizant Contracting Officer for the FFRDC must authorize, in writing, the use of the FFRDC on the proposed project and this authorization must be submitted with the application. The following wording is acceptable for this authorization:

Authorization is granted for the (insert National Laboratory name) to participate in the proposed project. The work proposed for the (insert National Laboratory name) is consistent with or complementary to the missions of the (insert National Laboratory name) and will not adversely impact execution of the federally assigned programs at the (insert National Laboratory name).

Additionally, the value of and funding for the FFRDC portion of the work may or may not be included in the award to a successful applicant. Rather, DOE will fund a DOE/NNSA FFRDC contractor through the DOE Annual Operating Plan (AOP) and non-DOE/NNSA FFRDCs will be funded through an interagency agreement with the sponsoring agency. However, in some cases, DOE FFRDCs are funded through a subrecipient agreement with the prime recipient of the federal award. The FFRDC then executes an agreement with the prime recipient to arrange work structure, project execution, and any other matters. Regardless of these arrangements, the entity that applied as the prime recipient for the project will remain the prime recipient for the project.

Because FFRDCs are funded by the federal government, costs they incur generally may not be used to meet the FOA cost share requirement. Although the FFRDC portion of the work is usually excluded from the award to a successful applicant, the applicant’s cost share requirement will be based on the total cost of the project, including the applicant’s, the subrecipient’s, and the FFRDCs portions of the project.

Further, the prime recipient will be the responsible authority regarding the settlement and satisfaction of all contractual and administrative issues including, but not limited to, disputes and claims arising out of any agreement between the prime recipient and the FFRDC contractor.

 

Question 14: We would like to provide a battery storage system for one of our tribal nation customer. To my knowledge, there may not be a battery storage manufacturer that exists within the Buy America Guidelines. Is there a way to provide a battery storage system that does not fit the Buy America Guidelines?
Answer 14:

Per the Buy America requirements prescribed under Section 70914 of the Bipartisan Infrastructure Law and as included in Appendix C of the Funding Opportunity Announcement (FOA) beginning on page 93, “none of the project funds (includes federal share and Recipient cost share) may be used for a project for infrastructure unless:

  1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
  2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
  3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.”

Please review Appendix C of the FOA beginning on page 93 to see whether the proposed project meets the definition of infrastructure and confirm that there are no battery storage systems available that meet the requirements above. If both apply, per Appendix C (page 95), “[i]n limited circumstances, DOE may waive the application of the Buy America requirements where DOE determines that: (1) applying the Buy America requirements would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. If an Applicant is seeking a waiver of the Buy America requirements, it may submit a waiver request after it has been notified of its selection for negotiation of award.” [Emphasis added] See Appendix C of the FOA (page 95) for the content of a waiver request.

Question 15: A question has come up as we've been reviewing the Funding Opportunity Announcement (FOA) document (DOE-FOA-0002774). Relative to Topic Area 3.a., if awarded the maximum funding amount of $2 million, can that grant award be used to help fund a larger project? For example, if a project costs >$10 million, can the $2 million of DOE funding go towards the larger project cost, with the remaining project cost covered by a financing entity? If yes, what would be the best way to structure that application? If the financing entity is eligible to apply under this grant (as a "Tribal Energy Development Organization"), should that entity be the applicant?
Answer 15:

Per Section III.F. (page 32) 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.” Nor can DOE advise you on the best way to structure that application or who should be the applicant.

However, for your purposes in making that decision, we offer the following based on the limited information provided:

The project proposed under the subject FOA must encompass the entirety of the “Integrated Energy System(s)” project as defined under Section I.B. of the FOA and summarized below, even if the DOE funds would only cover a relatively small percentage of the project costs. Further, even though the FOA requires a minimum cost share of 20%, unless reduced, there is no limit on the maximum amount of cost share that can be contributed to the proposed project.

Specifically for Topic Area 3.a. (page 17), the “Integrated Energy System(s)” under Topic Area 3 must, as a minimum, provide power to Essential Tribal Building(s) and include: (1) clean energy generating system(s); (2) controls and management system(s); and (3) energy storage system(s). Such systems may also include (4) conventional energy generation device(s); however, conventional energy generation device(s) are eligible only if used solely as a dispatchable stand-by power source. Note that some components of the proposed integrated energy system(s) may already exist and, therefore, not all of the components must be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 3.”

Therefore, in your example, although the DOE grant award (if one is made) may only provide a relatively small percentage of the larger project costs (>$10 million), the DOE-funded project must encompass the entire “Integrated Energy System(s)” project, not just a segregated portion.

A financing entity, in and of itself, is not an eligible applicant, unless that entity is an Indian Tribe, Intertribal Organization; or Tribal Energy Development Organization, or an eligible entity applying on behalf of an Indian Tribe or Tribes, as defined under Section III.A.

Question 16: I am writing to find out some information regarding your grant opportunity available on grants.gov (DE-FOA-0002771) and (DE-FOA-0002774). I am interested in finding out if there are any additional similar grant opportunities from the past 2 years. Also, I am interested in seeing some copies of proposals that were awarded these opportunities?
Answer 16:

Summaries of all projects funded through DOE’s Office of Indian Energy are posted on its website at Tribal Energy Projects Database | Department of Energy. Besides an interactive map, those funded projects are included in a table which can be sorted by year and technology. Further, a list of projects selected for negotiation of award in 2021 can be found at DOE Awards $12 Million to Tribal Communities to Maximize Deployment of Energy Technology | Department of Energy and those selected for negotiation of award on 2022 can be found at DOE Awards $9 Million to Tribal Communities To Enhance Energy Security And Resilience | Department of Energy.

Copies of applications submitted in response to a competitive Funding Opportunity Announcement (FOA) are not publicly available.

Question 17: Can Tribes utilize the Investment or Production Tax Credits authorized under the Inflation Reduction Act of 2022 as part of the mandatory Cost Share requirement?
Answer 17:

To be eligible as cost share, any investment or production tax credits received under the Inflation Reduction Act of 2022 would need to be monetized, received and contributed to the project during the grant period. Additionally, direct payments in lieu of tax credits are not considered federal funding after receipt by a grantee and may also be used as cost share, provided those funds are received and contributed to the project during the grant period.

Please see Section III.B.4., Cost Share Types and Allowability, on page 29 of the funding opportunity announcement for sources of funds which may not be used to meet cost share.

Question 18: Can the planning costs be incorporated into a deployment grant?
Answer 18:

No, planning costs cannot be included in proposed deployment grant applications. As stated under Section I.C., Applications Specifically Not of Interest, “[a]pplications proposing studies, design, and engineering (excluding final design and engineering), or development (pre-construction) activities; or any other activity which does not directly result in the installation of equipment to generate electricity and/or heating or cooling, reduce energy use, or enhance energy storage and delivery infrastructure” are not of interest. [Emphasis added]

Question 19: I am wondering whether higher education institutions can work as subcontractors/sub-grantees of an eligible prime.
Answer 19:

There is no prohibition to higher education institutions being a subcontractor or sub-grantee to an eligible applicant under this funding opportunity announcement.

Question 20: Can the cost of performing the feasibility study be reimbursed or included in the proposal?
Answer 20:

No, the cost of performing a feasibility study cannot be reimbursed or included in an application to the subject Funding Opportunity Announcement (FOA). Per Section I.C. of the FOA, Application Specifically Not of Interest, “[a]pplications proposing studies, design, and engineering (excluding final design and engineering), or development (pre-construction) activities; or any other activity which does not directly result in the installation of equipment to generate electricity and/or heating or cooling, reduce energy use, or enhance energy storage and delivery infrastructure” are not of interest. [Emphasis added]

Further, per Section I.B. of the FOA, a comprehensive feasibility study is required as part of the application and therefore, must be completed prior to the submittal of an application. Additionally, per Section III.B. “Except for pre-award costs with prior DOE approval, only cost share contributions made during the period of performance of the grant, if awarded, can be considered. Any costs incurred prior to award selection cannot be considered as cost share or for reimbursement by DOE.”

Question 21: Question 1: When the tribe applies for the grants for energy efficiency measures (EEMs), for example, chiller replacement, variable frequency drive installation, chilled water pumps, domestic hot water heater replacement, etc., is there an energy saving calculation methodology that DOE prefer, for example, New York Standard Approach for Estimating Energy Savings from Energy Efficiency Programs Version 9 (https://www3.dps.ny.gov/W/PSCWeb.nsf/All/72C23DECFF52920A85257F1100671BDD), a bin analysis for the load profile and chiller performance, etc. Question 2: I wonder if there is a preferred utility analysis methodology to calculate the utility rate, for example, blended rate, or non-blended rate. And how many months of utility data is required to calculate the utility rate?
Answer 21:

Question 1: The Funding Opportunity Announcement (FOA) does not specify any particular methodology for calculating energy savings.

Question 2:  The FOA does not prescribe any particular methodology for calculating the utility rate.

Question 22: Regarding the Clean Energy Technology Deployment on Tribal Lands - 2022 grant’s tribal resolution: 1) Is a tribal authority letter acceptable, for all tribal resolution requirements, in lieu of a tribal resolution? 2) The Nations Constitution, as approved by the secretary of the U.S. Department of the Interior, grants the governor of the Nation the authority to apply for grant awards on behalf of the Nation without a tribal resolution. In accordance with our internal process, it is necessary for the business contact and project manager be stated in a tribal authority letter and not in a tribal resolution. If a tribal authority letter is not acceptable for all requirements of the tribal resolution, is it acceptable to provide the business contact and project manager information in a tribal authority letter format? 3) Is it acceptable to not provide the exact project amount and cost share amount and use “up to” or “maximum” for the total cost share i.e., we will commit a maximum of $500,000 or 20 percent of in-kind cost share for a total project cost not to exceed $2 million? 4) If a tribal authority letter is not acceptable, will a draft tribal resolution be accepted until it is approved by our legislature?
Answer 22:

Per Section III.F. (page 32) 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, for your purposes in making that decision, we offer the following based on the information provided:

 

  1. As included on page 3 and under Section IV.C.6 (page 40) of the FOA document, “[f]or Indian Tribes, the statement of commitment and cost sharing must be in the form of an executed Tribal Council Resolution, unless an Indian Tribe does not have a Tribal Council. If an Indian Tribe does not have a Tribal Council, the statement of commitment and cost sharing may be in a format other than a Tribal Council Resolution and must include evidence of the statutory or other legal authority authorizing that form of commitment in lieu of a Tribal Council Resolution. Such evidence must establish that the commitment submitted carries the same level of Tribal leadership commitment as a Tribal Council Resolution.” [Emphasis added]

 

Therefore, if the Nation has a Tribal Council, a Tribal Council Resolution is required.  

 

  1. Based on the limited information provided, a tribal authority letter to designate the business contact and project manager should be sufficient, provided it is accompanied by sufficient evidence that that the signatory has been granted that authority. However, DOE will not review or make a sufficiency decision prior to receiving the submitted application. The decision to submit an application lies solely with the applicant.

 

  1. Per Section IV.C.6. (page 40) of the FOA document, the Tribal Council Resolution must, among the other items detailed, “[c]ommit to the total amount of cost share (specific dollar amount or up to a maximum amount and percentage of total proposed project costs), regardless of the source of that cost share as the Applicant is ultimately and legally responsible for the entire amount of cost share, if an award is made” and “[i]dentify 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)”. [Emphasis added]

 

Based on the above, it is acceptable to provide for cost share “up to a maximum amount and percentage of total proposed project costs”.

 

  1. Per Section IV.C.6. (page 40) of the FOA document, “For Indian Tribes, that statement of commitment and cost sharing must be in the form of an executed Tribal Council Resolution, unless an Indian Tribe does not have a Tribal Council.” [Emphasis added]

 

Therefore, a draft tribal resolution will not be accepted.

Question 23: I am writing on behalf of a US battery manufacturer who meets Buy America requirements. Will DOE be setting up a matching portal for Buy America compliant battery storage systems to connect with applicants that are interested in deploying energy storage systems as part of their project under this FOA as has been done under some other FOAs? If not, is there another mechanism that DOE will use to connect Buy America compliant battery storage suppliers with eligible applicants?
Answer 23:

No, the DOE Office of Indian Energy is not planning on setting up a matching portal for Buy America compliant battery storage systems for this Funding Opportunity Announcement (FOA). Any business arrangements must be made directly with the Indian tribe or other eligible tribal applicant.

Question 24: Can we apply for and receive funding from multiple topic areas in one application? For instance, if we apply for Clean Energy Generating Systems under Topic Area 1.a and Powering Essential Tribal Buildings under Topic Area 3.a, does that mean the aggregate potential award amount is $4 million? Also, what are the requirements or stipulations concerning the energy audits/assessments? How detailed do these need to be?
Answer 24:

As stated in the Executive Summary (page 2) under Submission of Multiple Applications, and Section III.E., Limitation on the Number of Applications Eligible for Review (page 31), applicants “may submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area. 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 be limited to a single unique and distinct project; unrelated projects cannot be consolidated in a single application.” [Emphasis added]

 

Each distinctly different application, addressing only one Topic Area, may apply for the maximum amount of DOE funding per individual award. You may not, therefore, submit one application that includes projects under Topic Area 1.a. and Topic Area 3.b. In the example, one application may be submitted under Topic Area 1.a. for $2,000,000 and a distinctly different application under Topic Area 3.a. for $2,000,000. Therefore, if two separate and distinct applications are submitted, under Topic Area 1.a. and Topic Area 3.a., the combined amount of DOE funds requested under the two applications may be a maximum of $4,000,000.

 

As stated under Section I.B for Topic Area 1.b. (page 13) and Topic Area 1.c. (beginning at the bottom of page 13), applications must be based on “energy audit(s) or industrial energy assessment(s) that clearly demonstrates the rationale for selecting the proposed energy efficiency measure(s) as opposed to other options, demonstrate the technical and economic viability of the proposed energy efficiency measure(s), and those energy audits or industrial energy assessments provided as part of the application.” [Emphasis added] The application, including the energy audit(s) or industrial energy assessment(s), will be reviewed relative to the technical review criteria under Section V.A.

 

Question 25: I would like to apply for grants on behalf of other organizations. Does this outside org need their own UEI number?
Answer 25:

Only eligible applicants may apply under this Funding Opportunity Announcement (FOA). See Section III.A. beginning on page 23 for eligible applicants which for this FOA are limited to Indian Tribes, which include Alaska Native Regional Corporations and Village Corporations, Intertribal Organizations, and Tribal Energy Development Organizations, and on whose Tribal Lands the project(s) will be located. An ineligible entity may not apply on behalf of other eligible organizations. To apply, an eligible applicant requires a Unique Entity Identifier (UEI) number, obtained during the System for Award Management (SAM) registration or renewal process at https://www.sam.gov.  A UEI is required for all entities doing business with the federal government.

 

Question 26: I am reaching out to request clarification regarding the allowability and appropriate documentation for contingency costs (as defined in2 CFR Part 200 Subpart E § 200.433). My organization is assisting with the submission of an application for funding. The application proposes a large construction project, and in estimating the budget, project personnel would like to include a line item for contingency. Can you please clarify whether this is permissible under the FOA and how the method of calculation should be documented?
Answer 26:

As the projects being sought under this funding Opportunity announcement are not considered ‘large construction projects’, contingency costs as a separate line item will not be considered. However, the budget estimates by cost category (e.g., labor, travel, equipment, contractual) within the proposed budget may consider uncertainty and those estimates should reflect those uncertainties. While these uncertainties may be included in the budget, please note only actual costs will be considered for reimbursement.

Question 27: I am writing on behalf of a few Pueblos that we are working with on clean energy projects. The ‘issue’ we are facing is that the timing of this FOA is preventing us from applying because we cannot get the Tribal Resolutions needed for cost share. Most Tribes, as you are aware, change Admin. in the new year, and don’t have Council meetings in Dec. (outgoing Admin.). or Jan. (incoming Admin.). By the time they have their first council meeting with the incoming Governor and their team, it will be too late for this FOA. Any chance to offer an extension? Or the ability to provide the council resolution later?
Answer 27:

The DOE Office of Indian Energy understands the challenges elections have on a tribe’s ability to obtain the requisite Tribal Council Resolution due to the timing of the Funding Opportunity Announcement (FOA). Nevertheless, we are unable to extend the due date of this FOA and still obligate funds provided by Congress this fiscal year or to consider accepting an application without the needed commitments.

The Office of Indian Energy does, however, anticipate offering a similar funding opportunity soon which may provide you the time needed to obtain the requisite Tribal Council Resolution.

Question 28: 1. To whom should Letters of Commitment be addressed to within the Department of Energy? 2. The applicant plans to propose a solar power generation system and accompanying battery storage facility for the entirety of the tribal community. Is the applicant required to submit two distinct applications under Topic Area 2a and 2b or can the project be proposed under a single topic area; if so, which topic area is most appropriate? 3. Beyond a cash-flow analysis, what other items could be included in the economics file to support an application?
Answer 28:
  1. Participant letters of commitment and cost sharing may be addressed to the applicant as those are commitments to the eligible applicant. Declarations or resolutions by eligible applicants, other than Indian tribes, may be addressed to the DOE Office of Indian Energy and specifically to ‘whom it may concern’.  Per Section IV.C.6. and Section IV.C.7. of the Funding Opportunity Announcement (FOA), letters of support by anyone not participating in the proposed project are not required or desired, and should not be provided as part of the application.

 

  1. Please review the FOA for eligibility requirements under each Topic Area. Per Section I.B. of the FOA (page 9), “Applications exclusively proposing clean energy generating system(s) will only be accepted under Topic Area 1.a. and Topic Area 2.a. Applications exclusively proposing energy efficiency measure(s) will only be accepted under Topic Area 1.b. Applications proposing a combination of clean energy generating system(s) and energy efficiency measure(s) will only be accepted under Topic Area 1.c. Applications exclusively proposing energy storage will only be considered under Topic Area 2.b. and applications proposing integrated energy system(s) will only be considered under Topic Area 3.” [Emphasis added]

Based on the above, and consistent with Table 2, Summary of Topic Area Requirements, of the FOA (page 11), energy storage systems exclusively are only eligible under Topic Area 2.b. and energy storage system(s) in combination with clean energy generating system(s) and controls and management system(s) to form an integrated energy system(s) only eligible under Topic Area 3.

 

Therefore, the combination of a solar power generation system and accompanying battery storage, including controls and managements system(s), is only eligible under Topic Area 3 and only if for Essential Tribal Buildings and only if the integrated energy system(s) can function autonomously (independent of the traditional centralized electric power grid). See the FOA for any additional requirements.

 

Per the Executive Summary (beginning on page 1), “Applicants may submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area.” [Emphasis added]

 

  1. For Topic Area 1.a., Topic Area 1.c., Topic Area 2, and Topic Area 3, a comprehensive feasibility study is required that , among other requirements documented in the FOA, must demonstrate the economic viability of the proposed project. The totality of the application will be assessed per the criteria in Section V.A. of the FOA (beginning on page 56). Specifically, economic viability will be based on the quality of the economic assessment, reasonableness of the payback period, and financial sustainability of the proposed project.

 

Therefore, the Technical Volume, feasibility study, and economics file, should contain sufficient information to demonstrate the economic viability of the proposed project. The economics file should include supplemental data to support the economic analysis including, as a minimum, a cash flow analyses (unless included as part of the Technical Volume).

 

Question 29: I have a question regarding the Tribal eligibility requirement for the Clean Energy Technology Deployment on Tribal Lands. The application states that a file needs to be submitted that has documentation for Tribal eligibility. However, on the DOE website, there is a link to a pdf file that contains the federal registered list. I have written this paragraph: The Tribe is an underserved federally recognized Indian Tribe listed on the Bureau of Indian Affairs “Indian Tribal Entities Within the Contiguous 48 States Recognized by and Eligible To Receive Services from the Unites States Bureau of Indian Affairs” list, which can be found at the Department of Energy’s web link https://www.energy.gov/indianenergy/articles/bia-federally-recognized-tribes on the embedded pdf file titled, “DOI Tribal Registry List 2022.”
Answer 29:

Yes, your response is sufficient. The Eligibility Statement and Evidence file template (question 1.g) provided on IE-Exchange under Application Forms and Templates, states “Note: it is not required to attach the 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 January 28, 2022, 87 FR 19. Instead, simply indicate your evidence of authority is the BIA list of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs.”

Please see the Eligibility Statement and Evidence file template for instructions on the information and documentation needed for that Tribal eligibility file.

Question 30: For purposes of calculations such as payback period, benefit/cost ratio, etc., applicants are directed to calculate total project costs as DOE funds plus applicant cost share. Is “applicant cost share” for defined as: (a) only the amount used to meet the 20% minimum cost share requirement, or (b) all sources of other funding for the entire project, including resources that cannot be used toward the 20% match (such as other federal funds)?
Answer 30:

For the purpose of calculating the payback period, the calculation should include the proposed “total project costs” (as that term is defined in the FOA), and any other federal funds that will be used for the proposed project. The application should address whether funds from other federal sources are being proposed as either federal funds against the total project costs or as non-federal cost share, as allowed by law, and the economic analysis and payback calculations reflect how those other federal funds are being proposed.

More specifically, the Technical Volume under economic viability (see Section 2.4 of the Technical Volume template) should include “the payback period, in years, against both (1) the total project investment (DOE share and recipient cost share) and (2) solely against the recipient cost share; describe planned sources of funding (e.g., grant, loans, investor financing) and the terms associated with use of those funds”.

Please note that per Section III.B. of the Funding Opportunity Announcement,  “If funds from a federal source are being proposed either as additional federal funds against the total project costs or as non-federal cost share, as allowed by law, the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share. These commitment letters 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 non-federal cost share from other federal sources.”

Question 31: My question: If the US Treasury is going to provide Investment Tax Credits for the projects, how can we get a letter committing those funds before they know how to allocate the funds? The Treasury had solicited comments in December 2022 to assist in rolling out the programs. “If funds from a federal source are being proposed either as additional federal funds against the total project costs or as non-federal cost share, as allowed to by law, the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed.”
Answer 31:

Please see the response to Question 17 on the FOA-specific Frequently Asked Question (FAQs) webpage.

As such, monetized investment or production tax credits would not be considered federal funds, but rather contributed by the entity who chose to monetize those tax credits and contribute the resulting cash to the proposed project. Therefore, a letter of commitment and cost sharing from the entity monetizing and contributing those tax credits would be required, not from the federal agency providing those tax credits.

Additionally, direct payments in lieu of tax credits are not considered federal funding after receipt by a grantee and may also be used as cost share, provided those funds are received and contributed to the project during the grant period and therefore, a letter of commitment and cost sharing from the entity contributing those direct payments in lieu of tax credits would be required, not from the federal agency providing those direct payments.   

Question 32: A question about the FOA and the Options Analysis mentioned on page 48, section 15: There is a parenthetical reference to an “Options Analysis as required under 7 above . . .” However, section 7 is about Participant Letters of Commitment and Cost Sharing File. There is no mention of an Options Analysis. Is an Options Analysis required to complete an application? It is not listed in the Required Application Documents, Table 3 on pages 34-36, nor is it mentioned anywhere else in this FOA.
Answer 32:

An Option Analysis is not required under this Funding Opportunity Announcement (FOA); the parenthetical language you reference is an error. However, the comprehensive feasibility study should demonstrate the rationale for the proposed system as opposed to other options. As you note, the documents for a complete application are included in Table 3, Required Application Documents, beginning on page 34 of the FOA document.

Question 33: Would the following cost-share scenario meet DOE’s definition of acceptable cost sharing under this FOA? • Total cost of project = X, FOA funding = Y, Cost Share from Non-Federal Source = Z (X = Y + Z) • “Z” funding for our considered project is already contracted (but not paid, and will be paid during the course of the FOA grant) and represents a “base” scope/funding of the total project which must be completed in order to enable “Y” scope/funding to be requested through this FOA. Example: high efficiency heating/cooling system contracted (Z) for installation in building. However, existing funding (Z) is insufficient to enable full building conversion to utilize the system. FOA request (Y) would enable full building conversion (X). • Together, the total project (both scope/cost of Z and scope/cost of Y) represent a total, unified project (X). This project (X) complies with Topic Area requirements. • In this scenario, we would consider Z the “cost-share” because it is funding towards the total project that we are able to provide, and because Z is a dependency to Y requested under this FOA. Cost share (Z) would meet or exceed 20% of the total (X) project.
Answer 33:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

Per Section I.C., Applications Specifically Not of Interest, on page 20 of the Funding Opportunity Announcement (FOA), “Any application where the Applicant has already taken irreversible actions regarding the proposed DOE funded project” is not of interest. Additionally, per Section IV.H.3., “DOE’s decision whether and how to distribute federal funds under this FOA is subject to NEPA. Applicants should carefully consider and should seek legal counsel or other expert advice before taking any action related to the proposed project that would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE completing the NEPA review process.”  

As described in your question, if the “Z” funds are part of the proposed project to DOE, the project activities related to the signed contract must not have begun prior to DOE approval (if the application is selected for award) and the act of contracting for those project activities must not be irreversible, regardless of whether they have been paid for.

If, however, project activities associated with the “Z” funds have not begun prior to DOE approval (if the application is selected for award) and the act of contracting for those project activities is reversible, then those costs could possibly be considered as cost share, provided the totality of activities associated with the “Z” funds combined with the “Y” funds meet the requirements under the FOA and under the Topic Area it is submitted.

Question 34: We are planning to apply for a solar [photovoltaic] PV + battery energy storage system in an Alaska village, do we need to submit two distinct applications under Topic Area 2a and 2b or can the project be proposed under a single topic area?
Answer 34:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

Per Section I.B. (page 8) of the Funding Opportunity Announcement (FOA), “projects to be proposed under Topic Area 1.a., Topic Area 1.c. and Topic Area 2 are intended solely for clean energy generating system(s) that are grid-connected.” Topic Area 3, however, “can be for either: (1) integrated energy system(s) that are normally grid-connected, but can disconnect and function autonomously (independent of the traditional centralized electric power grid), or (2) integrated energy system(s) that normally operate autonomously (not connected to the traditional centralized electric power grid)” [Emphasis added]

Consequently, if the Alaskan village is not connected to the interconnected grid system in Alaska that connects Anchorage, Fairbanks, and the Kenai Peninsula, then it would be considered not grid-connected, and therefore, only eligible under Topic Area 3. Further, if the proposed ‘solar PV + battery energy storage system’ will “power a “substantial” number of Essential Tribal Buildings within a community, or a “substantial” portion of the community’s energy load, or an entire tribal community”, then it may be eligible under Topic Area 3.b.

As stated under Section I.B.3. (page 17), “Note that some components of the proposed integrated energy system(s) may already exist and, therefore, not all of the components must be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 3.” See Appendix A for the definition of integrated energy system(s).

Question 35: Is there a specific language you are looking for for the Tribal Resolution for the cost share. Is there a template for it?
Answer 35:

There is not a template for the Tribal Counsel Resolution. However, Section IV.C.6. of the Funding Opportunity Announcement provides information on the required content.

Question 36: The majority of our tribal members live off reservation and our tribal facility properties are spread across numerous counties and are not confined to any single area, making direct connections to a majority of the buildings impossible. As a result, it would be the most effective to put our potential solar plant on the grid, have the electric company sell the power, and take any revenues to displace our electric bill. Based on the above, the Tribe would like to request a waiver of the rules, so that we can utilize these funds so we can build one plant, and have it provide value to our tribal facilities and membership wherever they live within our service area. We do not intend to make any profit off of this project, just decrease the operational costs of tribal facilities and tribal housing.
Answer 36:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the information provided in your question:

DOE will not provide a “waiver” for proposed projects that do not meet the requirements of the current FOA. However, based on the information below, it does not appear a waiver is necessary for your project to potentially meet the requirements of the current FOA. More specifically, Section 8013 (Indian Energy) of the Energy Act of 2020 ( Pub. L. 116–260, div. Z, title VIII, § 8013(a)) amended 25 U.S. Code § 3501, now defines Indian land to include (1) any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. § 1602(b)); and (2) any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village. Therefore, provided the majority of residents in those census tracts are tribal members, then those lands would be considered Indian land for purposes of the subject Funding Opportunity Announcement (FOA).   

Further, Topic Area 2.a., Community-Scale Clean Energy Generating System(s), of the FOA (page 15), states “Applications for commercial or utility-scale projects intended solely for revenue generation through the export of electricity off Tribal Lands for commercial sale are not of interest under this FOA (see Section I.C.). However, if a proposed energy generating system(s) meets the requirements under Topic Area 2.a. (Community-Scale Energy Generating System(s)), a portion of the electricity may be sold, provided that revenue from the sale of that electricity must benefit the eligible entity and the tribal community. If a portion of the electricity is proposed for sale, an explanation of how the revenue from the sale of that electricity will benefit the eligible entity and the tribal community is required as part of the Technical Volume.” [Emphasis added]

Section I.B. relative to Topic Area 2.a. (page 14) further states, “[a]ll proposed projects (or buildings on which systems are proposed) must be on Tribal Lands, must be “owned or controlled” by the eligible entity, and must benefit the eligible entity (Indian tribe, Intertribal Organization, or Tribal Energy Development Organization) and the tribal community; however, the substantial number of buildings within a tribal community, where the energy or heat is to be used, do not need to be “owned or controlled” by the eligible entity.”

Under the specific circumstances described in your question, therefore, it does not appear a “waiver” is necessary for your project to potentially be eligible under this FOA. Because the proposed project is not solely for revenue generation (it would be displacing the Tribe’s or tribal members’ electricity bills), would be located on Tribal Lands, would be “owned or controlled” by the Tribe, and would benefit the Tribe and the tribal community, it may be eligible under Topic Area 2.a., if it meets all other FOA and Topic Area 2.a. requirements, including but not limited to providing “an explanation of how the revenue from the sale of that electricity will benefit the eligible entity and the tribal community."

Question 37: I have two questions regarding the application: 1) Can a Tribe apply for a grant on behalf of an eligible Tribal energy corporation? 2) If a Tribe applies for the grant on behalf of an eligible Tribal energy corporation, is it sufficient for the "cost share" to be a PPA agreement with the eligible Tribal energy corporation and not the Tribe?
Answer 37:
  1. No. Because a Tribal energy corporation is not, in and of itself, an eligible applicant, the Indian tribe may not apply on their behalf; however, the Indian tribe may apply under the subject Funding Opportunity Announcement (FOA) for efforts to be executed by the Tribal energy corporation, provided the Tribal energy corporation is an instrumentality or subsidiary of the Indian tribe. Therefore, if the Indian tribe is the applicant, the grant (if awarded) will be made directly with the Indian tribe, not with the Tribal energy corporation.

 

Alternatively, the Tribal energy corporation may be eligible to apply on behalf of the Indian tribe if the Tribal energy corporation meets the definition of a Tribal Organization as defined in the FOA and evidence of that authority is supplied as part of the application. See Section III.A. of the FOA document. In this instance, the grant (if awarded) would be directly with the Tribal energy corporation.

 

  1. Except for vendors, cost share may be provided by any other participating entity; however, the Indian tribe would be “ultimately and legally responsible for the entire amount of cost share, if an award is made” (see page 5 and Section III.B.1). Your question, as written, does not provide sufficient information to determine whether a Power Purchase Agreement (PPA) would be allowable cost share.

 

Question 38: Our company manufactures and installs solar LED streetlights, solar community hubs and renewable power supply equipment. We are very interested in participating in the subject funding opportunity because we can support them with our three products, which are solar lighting so that they can have lighting in a clean way, with Solar Community Hubs so that they can communicate remotely and thus can be integrated into the economy and with the Renewable Power Supply so that they can have energy remotely, be it solar or wind. We want to ask you if our three products can be eligible for the grant so that we can work with the tribes, support them with the grant, and install our products in the tribes so they can benefit from the new clean energy technologies. We are not members of the tribes, but we are manufacturers of the equipment.
Answer 38:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

Per the Funding Opportunity Announcement (FOA) only commercially proven warrantied technology is eligible, and only if it meets the requirements of the Topic Area under which it is proposed. See Appendix A of the FOA for the definition of “commercially proven” and “warrantied”, Section I.B. for Topic Area requirements, and Section I.C. for applications specifically not of interest.

Question 39: The question we are trying to resolve is can the tribe take a Sec 48 Investment Tax Credit (ITC) on the amount of the grant (and their investment) or is the Tribe limited to an ITC only on the portion of the property they self-fund? For example - $80 DOE Grant and $20 Tribe investment = total investment of $100. If the Sec 48 credit percentage is 30% does the Tribe receive a $30 credit ($80 Grant + $20 Tribe investment) or a $6 credit based on the $20 Tribe investment? The other question we would like to ask is – is the DOE grant taxable in any way to the Tribe?
Answer 39:

Please consult with the U.S. Department of Treasury, Internal Revenue Service, or seek legal counsel.

Question 40: Can an Alaska Native Corporation use Tribal lands as a match for a project? The Alaska Native Corporation is a co-applicant as a TEDO and owns the land that we are proposing a project on. How do we apply land lease as a match?
Answer 40:

The lease value of land used for the project may be considered as cost share for the period of the grant, provided evidence of the basis used to determine that lease value is provided. The purchase value of the land may not be used as cost share. The estimated lease value for the period of the grant would be included in the “Other’ cost category on the Budget Justification Workbook form (IE 540.132-01) and on the Cost Share tab of the same workbook. Additionally, the land status would be described in the Eligibility Statements and Evidence File and a commitment (declaration, resolution, or letter) would be included as part of the Participant Letters of Commitment and Cost Sharing File. See Section IV.C.6. and Section IV.C.7 of the funding opportunity announcement for the information required as part of the Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing file and the Participants Letter of Commitment and Cost Sharing file. Also, see Appendix B (page 90 and 91) for information on valuing and documenting contributions and property.  

Question 41: Can an applicant include a noncompetitively selected vendor for application materials and also state that the project will be competitively bid following Tribal procurement policy after award? Or does the vendor included in the application material have to be the intended vendor? Would the answer change if the vendor was eligible for sole source justification? Bids gathered now will not be valid after 30 days and would need to be resolicited.
Answer 41:

If you plan to select a vendor through a competitive process, please indicate that in the Budget Support file, using ‘TBD vendor’ on the Budget Justification Workbook, and providing a subcontract plan as part of the Budget Support file. The materials from a potential vendor may, however, be used to support your budget estimate in the Budget Justification Workbook and should be provided as an attachment to the Budget Support file.

If, however, you intend for the vendor to be selected noncompetitively, state that in the Budget Support form, identify the vendor in the Budget Justification Workbook form and attach any budget support materials to the Budget Support form. Please be aware, that noncompetitively selecting a vendor must be in compliance with your procurement policy and if your application is selected for negotiation, will require a sole source justification and approval by the DOE Contracting Officer.  

Please see the Budget Support template available on IE-Exchange for more information and instructions.

Question 42: Hi there! I am a DOE employee, and we have many tribal partners we work with on other internal energy efficiency grants. We would really love to help some of our tribal partners take advantage of this great grant opportunities. If I were to notify all of the tribes we work with about this opportunity and, if asked, be involved in any way to connect them with other entities that can help them scope out and complete projects or offer our own engineering staff to do any work as an in-kind contribution, would that disqualify the applicant from being awarded this grant? Thank you.
Answer 42:

The assistance of a DOE employee would not disqualify the application from consideration. Any assistance provided prior to the application being selected for negotiation would not be considered cost share. Only contributions made after selection, with DOE approval, could be considered as an in-kind contribution.

We would, however, suggest you contact your Ethics Official to assure there are no ethics issues associated with the described assistance.

Question 43: Is there a maximum amount a Tribe may request for this grant? I am understanding from page 1 of the grant guidelines that the maximum for Topic Area 1 is $2,000,000, Topic Area 2 is $4,000,000, Topic Area 3.A. is $2,000,000 and Topic Area 3.B. is $4,000,000. So, technically, the Tribe can request $10,000,000 if we have a viable project for each of the 4 Topic Areas? For which we would have to demonstrate a 20% match/cost share, of course How does DOE calculate the cost share? Is it $10,000,000 X 20%=$2,000,000, making the total project $10,000,000 DOE funds and $2,000,000 Tribal match/cost share ($12,000,000 total project). I’m just seeking clarification.
Answer 43:

The maximum amount of DOE funding per award under each of the Topic Areas is as follows: (1) $2,000,000 for Topic Area 1; (2) $4,000,000 for Topic Area 2; (3) $2,000,000 for Topic Area 3.a.; and (4) $4,000,000 for Topic Area 3.b. See the Executive Summary (page 1) and Section II.A.1. (page 22) of the Funding Opportunity Announcement (FOA) document. Per the Executive Summary (page 2) and Section III.E., Limitation on Number of Applications Eligible for Review, of the FOA document, “Applicants may submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area. 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 be limited to a single unique and distinct project; unrelated projects cannot be consolidated in a single application.”

Therefore, since an applicant may submit more than one application under a particular Topic Area, there is theoretically no maximum amount that could be requested, provided each application is for a distinctly different project and only addresses one Topic Area.

Under this FOA, cost share is calculated on the total allowable costs of the project (i.e., the sum of the Government share and the Recipient share of allowable costs equals the total allowable cost of the project), not as a percentage of the funds being requested from DOE. See Section III.B. FOA document. Per Section III.B.2 (page 28) of the FOA, “[u]nless DOE approves a requested cost share reduction, all Applicants are required to provide non-federal cost share of at least 20% of the total allowable costs of the project (i.e., the sum of the Government share and the Recipient share of allowable costs equals the total allowable cost of the project). However, per Section III.B.2., a cost share reduction from 20% to 10% may be requested, and if approved, the minimum cost share required would be 10%.

Therefore, based on a 20% cost share and a cumulative request from DOE of $10,000,000, the cost share would be 20% of the total allowable project costs of $12,500,000, or cost share of $2,500,000. To calculate the total allowable project costs, divide the cumulative requested DOE amount ($10,000,000) by the percentage of DOE’s share (80% in this example) and to calculate the amount of cost share, subtract the requested cumulative DOE amount ($10,000,000) from the total allowable project costs ($12,500,000) to obtain the amount of cost share ($12,500,000 - $10,000,000 = $2,500,000). See Appendix A of the FOA document for more on how cost share is calculated.

 

Question 44: When I try to download a pdf file from ‘Application Forms and Documents’ on the IE-exchange, I receive an adobe error that states, “Please wait, if this message is not eventually replaced by the proper contents of the document, your PDF viewer may not be able to display this type of document.” How can I fix this?
Answer 44:

This error can occur randomly if a PDF file has been corrupted or the download settings on your browser (Microsoft Edge or Google Chrome), are not configured properly. Please take the following steps to correct this error. First, set adobe as your default app (see Adobe’s how to instructions.)  Next, take the following steps relative to the browser (Microsoft Edge or Google Chrome) you are using. In both examples you may need to restart (open and close) your browser for the configuration to be updated.

Microsoft Edge Browsers:

  1. Click on the three horizontal dots in top right corner
  2. Select ‘Settings’
  3. In the search bar type ‘pdf’
  4. Scroll down the search results and select ‘PDF documents’
  5. Select (turn on) ‘Always download PDF files’
  6. Restart your browser (open and close) to ensure the configuration is updated.

 

Google Chrome Browsers:

  1. Click on the three dots in upper right corner
  2. Select ‘Settings’
  3. In the search bar type ‘pdf’
  4. Click on ‘Site settings’
  5. Scroll down the search results and select ‘Additional content settings’
  6. Click on ‘PDF documents’
  7. Select ‘Download PDFs’ by clicking on the radio button
  8. Restart your browser (open and close) to ensure the configuration is updated.

 

Question 45: Schools on the Reservation consist of state-run public schools, Bureau of Indian Education operated schools, tribally controlled contract and grant schools; private schools; and charter schools. Are all of these considered 'tribal entities'?
Answer 45:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

Even though all may be located on an Indian reservation, only buildings that meet the definition of Tribal Building(s) as defined in the Funding Opportunity Announcement (FOA) would be eligible. The definition is included below for reference.

““Tribal Building(s),” for the purposes of this FOA, is a single or multiple buildings located on Tribal Lands, where the eligible tribal entity has or has been granted certain rights and duties, specifically the ability to exercise authority, direction, and control over the project. Note that ownership may be private, collective, or common and some of those rights and duties may be held by different parties. Tribal Building(s) are those where the eligible tribal entity has the authority to augment or modify the building and where the building is owned by the eligible tribal entity or tribal members or tribal organization, or the eligible tribal entity has a long-term lease (as a minimum, for the useful life of the proposed project). Tribal Buildings may include, but are not limited to, tribal member homes, schools, community buildings, clinics/hospitals, tribal government buildings, fire stations, police stations, radio stations, washaterias, utility facilities (such as water/wastewater systems), or tribal businesses.” [Emphasis added]  

Eligible tribal entities under the FOA include: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located. See Section III.A. of the FOA for further definition.

Question 46: What if the council resolution’s dollar amounts do not match the final budget justification that is submitted with the grant application? The Tribe’s council only meets once per month and the budget will be evolving until shortly before the application deadline. Thanks for any clarification.
Answer 46:

If the Tribal Council Resolution has not yet been executed, it is recommended to include an “up to maximum" amount and percentage. Per Section IV.C.6., the Tribal Council Resolution must “commit to the total amount of cost share (specific dollar amount or up to a maximum amount and percentage of total proposed project costs)”. [Emphasis added]

 

If, however, the Tribal Council Resolution has already been executed, it would be recommended that the proposed budget in the application be less than or equal to that committed amount, and if the application is selected for negotiation, the budget and associated forms and commitments could be updated then. You may also want to address this issue as part of the Budget Support File and include a letter of explanation as part of the Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File. 

Question 47: I am preparing an application for construction of a community scale renewable energy project that will be owned/operated by a Tribe and located on land currently owned by an Alaska Native Village Corporation. Land authorizations between these two parties will not yet be finalized by the application due date of 2/9 but are expected to be finalized by the time the project would begin construction in 2024. Under FOA definitions, the project is on "Indian Land" because it is on "Tribal Land". It meets the "Tribal Land" definition because the project is wholly located within a census tract reported as 67% Alaska Native in the 2020 census. Is the 2020 census data as described above sufficient to demonstrate the project is located on (under the FOA definition) "Indian Land"? Please advise how you would like this information presented. If further information is needed, please specify what that additional information is.
Answer 47:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

 

If the land is owned by the Alaska Native Village Corporation, it would be considered “Tribal Lands”, provided that per Section III.A. of the FOA (page 25), that “land is owned by an Indian tribe [including an Alaska Native Village Corporation] and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. § 1601, et seq.), or that was conveyed by the United States to a Native Corporation in exchange for such land” or if the land was “subsequently conveyed to another entity, provided that entity is either a Native village or Tribal governmental entity or the land is held, invested, managed for and on behalf of a Native village or Tribal governmental entity.”

 

That said, if the land is not owned or controlled by the Applicant, a letter of commitment from the land holder must be submitted as part of the application, since site access is a prerequisite for the proposed project. Based on your question, that letter of commitment would have to come from the Alaska Native Village Corporation. If the project is proposed in “census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. § 1602(b)),” a similar letter of commitment for the use of the land would also be required from the land holder and included as part of the application.

 

If, however, the land was not owned by the Alaska Native Village Corporation and the “majority of residents are Native” is being used as the basis for Tribal Lands eligibility, the 2020 census data would suffice. Information regarding land eligibility, would be included in the Eligibility Statements and Evidence File and should include the source of the data, census tract identifier, and data demonstrating the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. § 1602(b)).

Question 48: We have "other resources" toward overall project costs that are neither part of the DOE funding request nor the cost share (the money is through another federal grant). In the budget justification workbook, if we were to enter the amount as a cost, it would erroneously increase the request amount; however, if we enter it as cost share, that would be wrong as well, because federal funding cannot be used as cost share. Are we correct to exclude this from the workbook altogether? If we are supposed to include it, how are we supposed to do that without causing other problems in the spreadsheet? We plan on including an explanatory note to avoid confusion, since the other resources will be included toward overall project costs in the economic analysis. • Budget summary in SF-424 should show DOE total project cost (DOE request + cost share) and not overall total cost (including "other resources"), right? • Summary slide should show DOE total project cost or overall total cost?
Answer 48:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

The project proposed under the subject FOA must encompass the entirety of the project as defined under Section I.B. of the FOA, not just a segregated portion. Further, per Section III.B., “All Recipient cost share must come from non-federal sources and be clearly identified in the application, unless otherwise allowed by law (see note below).” [Emphasis added] The subsequent note under Section III.B. identifies numerous sources of federal funding for Indian tribes which might be a source of cost share.

Based on the limited information on the ‘DOE total project’ and the ‘overall total cost’ it is difficult to advise you on how to reflect those costs. For the purposes of submitting an application, please reflect the ‘DOE total project’ on the Application for Federal Assistance (SF-424) and the Budget Justification Workbook form (IE 540.132-01), including explanatory note(s) in the Budget Justification Workbook form regarding the additional federal funds and include additional information, including the source of those funds, in the Budget Support file. If your application is selected for funding, we would determine the best way to reflect those ‘other resources’. On the Summary slide, please include the ‘DOE total project cost’ and separately reflect the ‘other resources’ with a brief explanation.

Please see Section III.B. for additional information on federal funding. An excerpt is included below for your reference.

“If funds from a federal source are being proposed either as additional federal funds against the total project costs or as non-federal cost share, as allowed by law, the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share. These commitment letters 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 non-federal cost share from other federal sources.”

Question 49: I am writing on behalf of my client, a public school and is part of the State’s public school system, to determine if the K-12 school is considered to be within the boundary of “Indian Land” per the IRS definition. The School District encompass an Indian Reservation, making it one of only two public school districts located almost entirely on Indian lands. I am writing because I am applying for grants on their behalf. Some of the federal grants are Tribal, and with schools being the heart of communities, it makes logical sense to apply for Tribal grants, however, I want to confirm that I can, by definition, apply for these grants.
Answer 49:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

 

The definition of ”Indian Land” per the U.S. Internal Revenue Service (IRS), is not relevant to eligibility under the subject Funding Opportunity Announcement (FOA). Specifically, per Section III.A. of the FOA (page 23), “[i]n accordance with EPAct 2005 authorities and consistent with 2 CFR § 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.”  

 

Therefore, not only does the project need to be on “Tribal Lands” as defined in the FOA (see Section III.A.), but the potential applicant must also be an  (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization. Based on the question, if the school in question is a public school, it would not be an eligible applicant.

 

Furthermore, even if the school is located within the boundaries of an Indian reservation, only buildings that meet the definition of Tribal Building(s) as defined in the FOA would be eligible, which based on the question does not seem to be the case. The definition of Tribal building(s) is included below for reference.

 

““Tribal Building(s),” for the purposes of this FOA, is a single or multiple buildings located on Tribal Lands, where the eligible tribal entity has or has been granted certain rights and duties, specifically the ability to exercise authority, direction, and control over the project. Note that ownership may be private, collective, or common and some of those rights and duties may be held by different parties. Tribal Building(s) are those where the eligible tribal entity has the authority to augment or modify the building and where the building is owned by the eligible tribal entity or tribal members or tribal organization, or the eligible tribal entity has a long-term lease (as a minimum, for the useful life of the proposed project). Tribal Buildings may include, but are not limited to, tribal member homes, schools, community buildings, clinics/hospitals, tribal government buildings, fire stations, police stations, radio stations, washaterias, utility facilities (such as water/wastewater systems), or tribal businesses.” [Emphasis added]  

 

See Section III.A. and Appendix A of the FOA for further definitions and eligibility requirements.

 

Question 50: Quick question: We are trying to get clarification on whether the Clean Energy Technology Deployment on Tribal Lands grants can be used to replace inline natural gas generators to Tribal Member’s homes on the reservation (backup power for when the power goes out). It would be under area of interest 3.
Answer 50:

As stated in Section III.F. Questions Regarding Eligibility (page 31) 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, for your purposes in making that decision, we offer the following based on the limited information provided in your question:

 

An inline natural gas generator, in and of itself, would not constitute an “Integrated Energy System(s)” as defined in the FOA and therefore, would not be eligible if only natural gas generators are being proposed. As defined under Section I.B. (page 17) and in Appendix A of the FOA, an ““Integrated Energy System(s)” under Topic Area 3 must, as a minimum, provide power to Essential Tribal Building(s) and include: (1) clean energy generating system(s); (2) controls and management system(s); and (3) energy storage system(s). Such systems may also include (4) conventional energy generation device(s); however, conventional energy generation device(s) are eligible only if used solely as a dispatchable stand-by power source. Note that some components of the proposed integrated energy system(s) may already exist and, therefore, not all of the components must be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 3. See definitions under Appendix A.”

 

If, however, an “Integrated Energy System(s)” as defined in the FOA is being proposed, inline natural gas generators may be included, but only if used solely as a dispatchable stand-by power source for the other componets of the Integrated Energy System(s).

 

Question 51: We are assisting in the submission of the Technical Volume Report for the Clean Energy Technology Deployment on Tribal Lands DE-FOA-0002774 under Topic Area 2a. We are proposing a community scale solar installation. In our discussions with the local utilities there is the possibility of a grid study and/or engineering study requirement as a part of the interconnection process. According to section I.C. Applications Not of Interest, “[a]pplications proposing studies, design, and engineering (excluding final design and engineering), or development (pre-construction) activities; or any other activity which does not directly result in the installation of equipment to generate electricity and/or heating or cooling, reduce energy use, or enhance energy storage and delivery infrastructure” are not of interest. If the utility makes a grid study, engineering study, or transmission study a requirement of the interconnection process, does that meet the stipulation that any studies/engineering costs must directly result in the installation of equipment; or would such study or engineering costs be considered ineligible costs (and thus should not be included in the application)? Thanks
Answer 51:

Interconnection is necessary and directly relates to the installation and operation of a proposed community-scale solar project under the subject funding opportunity announcement and therefore those interconnection costs, including any associated interconnection studies, should be reflected in the proposed budget.

 

Question 52: Would existing equipment be included in the modified total direct cost in calculating the Tribes a de minimis indirect rate? The equipment are components of the proposed tribally owned and operated microgrid.
Answer 52:

A de minimum rate of 10% of the Modified Total Direct Cost (MTDC) cannot be used if the Applicant is a State, local government, or Indian tribe (see the instruction of the Budget Justification Workbook form (IE 540.132-01)). Further, costs that are not being proposed for DOE funding or as cost share, such as for existing equipment, would not be included in the proposed budget and would not be used to calculate MTDC for an indirect rate calculation. Only costs being proposed to be expended during the period of performance of the grant (if one is awarded) would be included in the proposed budget.

 

Question 53: 1) Technical Volume Cover Page(s) a. Font: from the title page is in Arial 14 (FOA Title, Number, Topic Area etc.. ), should this be reformatted to meet the font requirements (nothing smaller than 11)? b. FOA Number: Is this referring to the FOA number listed on the DOE website, for example, we are applying for DE_FOA_0002774? c. Topic Area Name: Again should this be directly from the DOE? Example, if we are applying for 3b, I would enter: Integrated Energy System(s) for Autonomous Operation? d. FOA Topic Area: Would I enter 3b? OR, would I also use the name, Tribal Community Resilience? e. Images: If we would like to include images, is it okay to place them in the Design and Engineering File and reference them in the Technical Volume? 2) Number of applications: Is it okay to submit multiple grid plans on one proposal? Or should they be separate applications? 3) For self-performed projects: which use recipient cost estimates, what justifications of those cost estimates are required? 4) For MTDC: is equipment such as solar arrays, batteries, inverters, and the other equipment listed on tab D., can they be included with the indirect cost calculation? 5) File Size: The maximum file size that can be uploaded to the IE-Exchange website is 50MB. Files in excess of 50MB cannot be uploaded, and hence cannot be submitted for review. DOE will not accept late submissions that resulted from technical difficulties due to uploading files that exceed 50MB. QUESTION: Is this the total that can be uploaded or individual file sizes for each category?
Answer 53:

Please find responses to your questions below.

  1. Technical Volume Cover Page(s)
  1. Font: Please use the template as-is and do not reformat the font size. None of the font in the template is less than 11-point.
  2. FOA Number: The FOA number would be ‘DE-FOA-0002774’.
  3. Topic Area Name: The Topic Area name for Topic Area 3.b. would be ‘Tribal Community Resilience’.
  4. FOA Topic Area: Per the instructions for the FOA Topic Area, “enter the Topic Area Number (e.g., Topic Area 1.a., Topic Area 2)”. In this instance the FOA Topic Area would be ‘Topic Area 3.b.’.
  5. Images: If the images directly related to the Technical Volume, either include directly or include in the Site and Resource Maps and Graphics File. Per the instructions on page 48, “provide a Site and Resource Maps and Graphics File and include any graphics to supplement the Technical Volume including maps, photographs, or other visuals of the project location or building(s) affected by the proposed project.”
  1. Number of applications: It is unclear, from the limited information in your question, what you are asking - specifically, what is meant by ‘grid plans.’ Each application should include similar elements that meet the required scope of that Topic Area. If the ‘grid plans’ are various options associated with one project, one application may be appropriate. However, if the ‘grid options’ are distinctly different community scale projects, multiple applications might be appropriate.
  2. for self-performed projects:  Again, it is not clear, from the limited information provided, what you are asking. However, if the proposed project will not be contracted, costs should be included in labor, fringe, supplies, equipment, other and indirect cost categories. Instructions are included at the top of each cost category tab on the Budget Justification Workbook form (IE 540.132-01). The justification for those costs would be supported by the comprehensive feasibility study and engineering and design data and the basis of estimate for those costs might include actual salaries, vendor quotes, published prices, prior invoices, approved indirect rate agreement.  Please see the Budget Justification Workbook form (IE 540.132-01) for instructions.
  3. for MTDC: The Modified Total Direct Costs (MTDC) upon which a de minimis rate of 10% would be applied, (if the applicant is not a State, local government or Indian tribe and if the applicant does not have in indirect rate agreement or proposal), would include per the instructions “all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel and up to the first 25% of each subaward”. Equipment (items with a useful life of more than one year and a per-unit acquisition cost which equals or exceeds $5,000) or supplies (single item with an acquisition cost of less than $5,000 or a useful life expectancy of less than one year) such as the solar arrays, batteries, inverters, and other equipment listed on Tab d (Equipment) or Tab e (Supplies), depending on acquisition costs and useful life, would be included in the MTDC for the indirect cost calculation.
  4. The maximum file size of 50MB is for each individual file. Note that for some required application documents multiple files (no more than three) may be upload, each individual file size maximum would be 50MB (see Section IV.C. of the FOA).
Question 54: Thank you for the quick response, I have reviewed it and have a follow up to question 47, which follows. The project site is not currently owned by the applicant, but those negotiations are underway. I do not know if the applicant can secure a suitable letter from the Village Corporation by before the due date, as this specific requirement is not in the FOA. Can you please advise where the requirement that "...a letter of commitment from the land holder must be submitted as part of the application, since site access is a prerequisite for the proposed project." is stated in the FOA? I did find a similar requirement that site access must be obtained prior to submitting the application for "connecting infrastructure" at page 15/16 of the FOA (and repeated elsewhere), but in this case the issue is the entire project footprint, and not just "connecting infrastructure". I don't see a requirement for that.
Answer 54:

The requirement Section I.B. specifically Topic Area 2.a. (page 14) for a ‘community scale renewable energy project’ is that “[a]ll proposed projects (or buildings on which systems are proposed) must be on Tribal Lands, must be “owned or controlled” by the eligible entity, and must benefit the eligible entity (Indian tribe, Intertribal Organization, or Tribal Energy Development Organization) and the tribal community; however, the substantial number of buildings within a tribal community, where the energy or heat is to be used, do not need to be “owned or controlled” by the eligible entity. See definitions under Appendix A.” [Emnphasis added]

 

Per Apendix A, ““Owned or Controlled,” for the purposes of this FOA, is where the eligible entity has or has been given certain rights and duties, specifically the ability to exercise authority, direction, and control over the project. Note that ownership may be private, collective, or common and some of those rights and duties may be held by different parties.”

 

Therefore, if the land is not owned by the Applicant, a letter of commitment from the land holder must be submitted as part of the application, as evidence that the Applicant “has or has been given certain rights and duties, specifically the ability to exercise authority, direction, and control over the project.”