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: I see that the Deployment of Clean Energy and Energy Efficiency on Indian Lands (# DE-FOA-0001021) was just posted to grants.gov. However, there is no announcement information attached to the posting. Could you let me know when you anticipate this information will be posted?
Answer 1:
The full announcement information is not posted in Grants.gov.  As explained under the Description section on Grants.gov, the full FOA is posted on the EERE eXCHANGE website. Specifically, please view the full FOA at https://eere-exchange.energy.gov/Default.aspx#FoaId8dcb7322-075e-4587-b17d-23c471ffabe4.
Question 1: I am filling out the information on the https://eere-exchange.energy.gov web site. It asks what type of organization; however Tribe is not listed under “organization type.” Please advise what should be used.
Answer 1:
Please use “State and/or Local Government” as the organization type.
Question 2: Will a Native American tribe, recognized as a State entity, not federal, qualify for this program?
Answer 2:
Per statute, only federally-recognized Indian Tribes are eligible.  For more details on Eligible Applicants, see Part III.A. of the Funding Opportunity Announcement.
Question 3: I’m unable to access the FOA website from Grants.gov. If you could send me information on the following grant opportunity I would appreciate it.
Answer 3:
The link to additional information provided in Grants.gov originally contained an error which has since been corrected.  However, please access the full Funding Opportunity Announcement and documents directly on EERE Exchange at https://eere-exchange.energy.gov/#FoaId8dcb7322-075e-4587-b17d-23c471ffabe4.
Question 4: I am writing in regards to the funding opportunity: DE-FOA-0001021: Deployment of Clean Energy and Energy Efficiency on Indian Lands. Can the Energy Saved Template be accessed anywhere? The link to the file under “Required Application Documents” online appears to be broken: https://eere-exchange.energy.gov/#FoaId8dcb7322-075e-4587-b17d-23c471ffabe4.
Answer 4:
The link https://eere-exchange.energy.gov/#FoaId8dcb7322-075e-4587-b17d-23c471ffabe4 is correct and takes you to the EERE Exchange Funding opportunity Announcement summary. The required application documents including the Energy Saved Template - DE-FOA-0001021, can be accessed after scrolling down to “Required Application Documents” and clicking on “View Required Application Documents”.  A list of four documents will appear with the Energy Saved Template being the last.  Click on the file name to download the excel formatted template. Please let us know if you continue to have difficulties accessing the document.
Question 5: Is the Tribal Renewable Energy and Energy Efficiency Deployment Assistance (DE-FOA-0000853) still in effect? If so for how long? With that said are there any Grants or Financial assistance programs available at this time?
Answer 5:


The Tribal Renewable Energy and Energy Efficiency Deployment Assistance (DE-FOA-0000853) Funding Opportunity Announcement (FOA) is closed.  For other opportunities, please see the Tribal Energy Program’s current funding opportunity list on our website at http://apps1.eere.energy.gov/tribalenergy/related_opportunities.cfm. Note that these opportunities are provided through other Federal agencies and organizations.  For other funding opportunities offered through the Department of Energy’s Office of Energy Efficiency and Renewable Energy see http://www1.eere.energy.gov/financing/current_opportunities.html

Question 6: How can I use Renewable Energy Credits (RECs) or other green attribute monetization funds to count towards cost-share?
Answer 6:
Renewable Energy Credits (RECs) or other green attribute monetization funds, as well as any other form of cost sharing, can only be used if those funds are received during the period of the grant agreement. Funds anticipated to be received after the DOE grant period or those received prior to being selected for award under this Funding Opportunity Announcement (FOA) cannot be considered as cost share.  For more on Cost Sharing, see Part III.B., Part IV.C.12, and Appendix B of the FOA.
Question 7: The hyper-link provided on the Tribal Energy Program email brings me to a blank page. Is there another URL I can use?
Answer 7:
The link provided in the Tribal Energy Program email is a direct link to view the pdf FOA document; Deployment of Clean Energy and Energy Efficiency on Indian Lands (DE-FOA-0001021).  To view the full FOA and application, please visit https://eere-exchange.energy.gov/Default.aspx#FoaId8dcb7322-075e-4587-b17d-23c471ffabe4.  Information on the FOA can also be accessed on the Energy Department’s Tribal Energy Program website under Financial Opportunities at http://apps1.eere.energy.gov/tribalenergy/financial_opportunities.cfm.
Question 8: Please be advised that when downloading DE-FOA-0001021 for Tribal Renewable Energy and Energy Efficiency Deployment Assistance, I received Funding Opportunity Announcement Number: DE-FOA-0000853 which is from last year. Is this the NOFA that I am supposed to receive or is there an error?
Answer 8:


We have verified all of the links on EERE Exchange and on the Tribal Energy Program website and are unable to identify the issue.  If you still have this issue, please provide more details and the web page URL on which you are having a problem so we can research further.  Thank you.

Question 9: I’m a little confused. Topic Area 1 description includes installation of clean energy systems, but then under Applications Not of Interest, installation is included in applications that will be deemed nonresponsive. Would you please clarify if purchase and installation of solar energy systems will be allowed?
Answer 9:
To clarify, the intent of Topic Areas 1.a. and 2 is for the installation of clean energy systems; however, any irreversible actions including the purchase and installation of a solar system, begun before being selected for funding or before receiving a DOE Environmental Determination are “not of interest” and cannot be considered.  Therefore, as long as the project has been selected for funding and DOE has made an environmental determination, then the purchase and installation of a solar system is allowed.
Question 10: How would one obtain prior approval from EERE for pre award costs and who I will need to contact to do so?
Answer 10:

EERE cannot consider granting approval for pre-award costs until after an application has been selected for award negotiations.  To request pre-award costs after being selected for award negotiations, you would need to submit a letter requesting the approval of pre-award costs to the Contracting Officer or Project Manager. The letter must include a description of the costs which will be incurred prior to the award.
Question 11: Hello, When I click on the link for “Energy Saved Template - DE-FOA-0001021” it opened up with Firefox (default) and it comes up in programming language instead of the file. Please let me know how I can download the template. Thank you.
Answer 11:
Please start by opening up the FOA on EERE Exchange in Internet Explorer rather than Firefox;  https://eere-exchange.energy.gov/Default.aspx#FoaId8dcb7322-075e-4587-b17d-23c471ffabe4.  The Energy Saved Template - DE-FOA-0001021 should then open up in Microsoft Excel for you without issue.
Question 12: I just finished reading the FOA for the Deployment of Clean Energy and Energy Efficiency Projects on Indian Lands. I didn’t see language restricting the use of funds from casino properties (page 4). Is this the case, or is there a restriction from the use of funds on any properties related to casinos? Thank you for clarifying.
Answer 12:
Unlike the American Recovery and Reinvestment Act of 2009 (ARRA), there are no restrictions on the use of funds from casino properties, nor are there any restrictions on proposing a project on casinos or property related to casinos under this funding opportunity.
Question 13: How long do you estimate it might take to complete this application for the Deployment of Clean Energy and Energy Efficiency on Indian Lands? (DE-FOA-0001021)
Answer 13:

 

The time required to prepare and complete any EERE Funding Opportunity Announcement (FOA) application depends on the applicant; EERE has conducted no analysis or evaluation to determine how it might take a potential applicant to complete its application for (DE-FOA-0001021.

The time to upload an application will depend on the applicant’s internet connection, internet and data server traffic, and other factors. EERE strongly recommends that applicants upload their full application at least 48 hours in advance of the submission deadline and encourages applicants to submit their full applications as soon as possible. Applicants are advised to allow sufficient time to resolve any technical difficulties or seek assistance from EERE with uploading their application (EERE-ExchangeSupport@hq.doe.gov).

 

Question 14: I am interested in finding out more about this grant program. Can you please tell me roughly how many applications your office received during the last funding cycle, and of those, how many were awarded?
Answer 14:

The EERE Tribal Energy Program provides financial and technical assistance that enables tribes to evaluate and develop their renewable energy resources and reduce their energy consumption through efficiency and weatherization, and has since 2002. The program also offers education and training opportunities designed to foster clean energy technology adoption, promote green jobs and growth, and strengthen native communities.  To support those goals, from 2002 to 2012, the program awarded a total of $41.8 million to fund 175 tribal energy projects.  To find out more about the program, see the EERE Tribal Energy Program website at www.eere.energy.gov/tribalenergy. Specifically, see the “About” the Program page and under the “Project” page, see “Funding history” and individual project summaries of all grants awarded since 2002 sorted by State, by Tribe, by technology, by award year, and by project type.
EERE does not release information on the number of applicants to the public or other applicants for any Funding Opportunity Announcement.  The on-line project “funding history” provides the number of awards and amount of funding by year from 2002 through 2012.  And in 2013, EERE selected nine (9) Tribes and tribal entities for award.  The Progress Alert provides more on those projects selected for funding.
Question 15: Several of our tribal clients been awarded funds as a part of a utility incentive program which are an instrumental portion of the cost share document and budget. Due to state legislation, these funds are on a timeline for construction, such that the project must be finalized and generating power by March 2015 or the awards are forfeited. If awarded the grant, and the DOE believes that the application demonstrates little risk (such as little to no additional information will be required and/or negotiations will not be required), would the DOE allow construction to begin on said project after the awardee notifications were declared, but before negotiations were finalized in April 2015?
Answer 15:
If approved by the DOE Contracting Officer, pre-award costs may be incurred prior to award; however, until an environmental determination is made by DOE, no irreversible actions can be taken or considered for pre-award cost approval.  Therefore, as a minimum, DOE would need to have made an environmental determination before we would consider allowing pre-award costs for the purchase and installation of equipment.  At this time, unfortunately, DOE cannot make a determination on whether we would allow construction to begin before negotiations are finalized in April 2015.   
Question 16: Is the DOE Environmental Determination done after the award has been made?
Answer 16:
To the extent possible, and depending on whether necessary information regarding the project is available, an environmental determination will be made prior to award, and the results of that determination included as part of the Terms and Conditions of the award. If DOE is unable to make a final NEPA determination prior to award, however (for example, if the proposed project is insufficiently defined, or requires an Environmental Assessment or Environmental Impact Statement), a conditional award may be made, containing restrictions on the recipient’s activities, until a final NEPA determination is made. 
Question 17: Can the "match" from the tribal entity be in the form of a loan for the grant - Clean Energy and Energy Efficiency on Indian Lands? (DE-FOA-0001021)
Answer 17:
Funds acquired through a loan, either through a bank or through another Federal agency such as USDA, are considered cash (so long as they must be repaid to the lender) and may be used as cost share.
 
Please realize that applicants are required to provide documentation regarding their cost share contributions as part of their application.  Additionally, cost share contributions must be specified in the budget, verifiable from the Prime Recipient’s records, and necessary and reasonable for proper and efficient accomplishment of the project. And, although the cost share requirement applies to the project as a whole, including work performed by members of the project team other than the Prime Recipient, the Prime Recipient is legally responsible for paying the entire cost share.
Question 18: Can this grant be used for weatherization needs for a tribal community in Alaska?
Answer 18:
Under Topic Area 1.b., “Deep Energy Retrofit” Energy Efficiency Measures (EEM) are eligible.  However, please see Section 1.B of the Funding Opportunity Announcement (FOA) for a detailed description and list of eligible Energy Efficiency Measures.  DOE cannot provide advice on whether an application should be submitted but if a complete application is submitted on-time in EERE Exchange and it complies with the FOA requirements, it will be considered.
Question 19: I am wondering if you could provide some guidance on exactly what will qualify as a Community-Scale project. What is the minimum amount of buildings that must be connected to a system to be considered “many buildings” as mentioned on page 8 first paragraph under the heading “Topic Area 2: Community-Scale Clean Energy Deployment”? Would a large project that produced many KW, but was consumed by a couple of buildings qualify? The buildings I am looking at would be our Convenience Store, Casino, and Hotel.
Answer 19:

Per Section III.F of the Funding Opportunity Announcement (FOA), EERE will not make eligibility determinations for potential Applicants prior to the date on which Applications to this FOA must be submitted. The decision whether to submit an Application in response to this FOA lies solely with the Applicant.

However, in order to qualify for Topic Area 2: Community-scale Clean Energy Deployment, a clean energy system(s) must be a minimum of 50 kW rated capacity (or the equivalent) and provide electricity, and/or heating or cooling to many buildings or to an entire community.  For purposes of this Funding Opportunity Announcement (FOA), three buildings do not constitute “many” buildings.

Be aware, however, that the proposed project might be eligible under Topic Area 1.a which is focused on “facility-scale” meaning a single or multiple “Tribally-owned or controlled building(s)” where multiple could be three buildings.  Please realize that the requirements differ by Topic Area, so please review the specific requirements in the FOA document.

Question 20: Nowhere is it listed the number of awards or estimated program funding. Where is that information?
Answer 20:

That information is contained in Part II of the Funding Opportunity Announcement (FOA) document under “Award Information” (page 10).  Specifically, EERE expects to make $4 to $7 million of Federal funding available for new awards under this FOA with 10 to 20 awards under Topic Area 1 and 5-15 awards under Topic Area 2.

Question 21: Will a project proposing an energy efficiency retrofit of street lights on tribal lands be considered under this FOA? Street lights comprise a major portion of tribal energy consumption. The street lights are free standing, all on the same electricity account, and are not attached to a physical building structure.
Answer 21:

No.  Under this Funding Opportunity Announcement (FOA), the clean energy or energy efficiency system(s) must provide electricity, heating, cooling or energy retrofits to building(s).  Even though energy efficient street lights may reduce the energy consumption of street lighting, they do not displace or reduce energy consumption in a building. Therefore, energy efficient street lights would not meet the intent of this FOA.

Question 22: Is a Letter of Intent required? If so, by when, and where can we find more information about the content and format? Is a Pre-Application required? If so, by when, and where can we find more information about the content and format?
Answer 22: No, neither  a Letter of Intent or Pre-Application is required in order to submit a full Application under this Funding Opportunity Announcement (FOA).
Question 23: Hello, I would like to know if there is a way eligibility could be established before time and energy is spent writing a full application. I am working for a non-profit electrical cooperative that serves 56 rural, Native, low-income communities scattered around Alaska.
Answer 23:

We understand your situation but, for a variety of reasons, EERE will not make eligibility determinations for potential Applicants prior to the date on which Applications to this FOA must be submitted. The decision whether to submit an Application in response to this FOA lies solely with the Applicant.

However, in making your decision, please review the requirements in the Funding Opportunity Announcement (FOA). Specifically that only an Indian Tribe; Tribal Energy Resource Development Organization; or Tribal Consortium are eligible Applicants (see Section III.A., Eligible Applicants, pages 11-13 of the FOA). Applications may, however, be submitted by an authorized “Inter-Tribal Organization”, provided evidence of the authority to submit an Application, relative to the proposed project, is supplied as part of the Application. Evidence may include, but is not limited to, a resolution, ordinance, executive order, charter, P.L. 93-638 contract, self-governance compact, or other legal documentation. EERE will determine the sufficiency of the authorization based on the evidence submitted as part of the Application.

Per the FOA, “Inter-Tribal Organization” means any organization comprised of two or more Indian Tribes, established under Congressional, State, or Tribal law to act on behalf of the participating Indian Tribes. “Inter-Tribal Organizations” may include, but are not limited to, inter-tribal councils, regional tribal organizations or associations, and tribal federations.

Also, to be eligible the project must be on “Indian Lands”. Again, see Section III.A for a definition of Indian Land which includes land that was conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. § 1601 et seq.) and 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.

Before making your decision, please also refer to Section IV.C.12 (page 32), which requires that if an Application is being submitted on behalf of an Indian Tribe(s) by an authorized Tribal or Inter-tribal Organization, a declaration (or resolution) from the Tribal or Inter-tribal Organization and other evidence documenting that the Tribal or Inter-tribal Organization is authorized to act on behalf of an Indian Tribe(s) must be provided. That section also identifies the content of those commitment documents, including specifics on the land status which might require additional commitments from the land owner or lease holder.

Question 24: I am interested in the Deployment of Clean Energy and Energy Efficiency on Indian Lands grant. I am a freelance grant writer who specializes in renewable energy grants. I would love to assist a tribal group in developing and submitting a grant for this funding. I'm wondering if you might have any recommendations on how I could be referred as an interested grant writer for the program.
Answer 24:

Unfortunately, DOE cannot show preference to any individual or organization and therefore, cannot refer you as an interested grant writer.

Question 25: I am wondering if someone in your office would be willing to review a concept paper from an organization that intends to apply for the DOE-Deployment of Clean Energy and Energy Efficiency Projects on Indian Lands program. Are you willing to review concept papers? Are you willing to have a call to discuss concept papers?
Answer 25:

Per Section III.F of the Funding Opportunity Announcement (FOA), EERE will not make eligibility determinations for potential applicants including those on project scope, prior to the date on which applications to this Funding Opportunity Announcement (FOA) must be submitted.  The decision whether to submit an application in response to this FOA lies solely with the applicant. Further, under this FOA, EERE is not accepting concept papers.

In order to guarantee fair and open competition, EERE is prohibited from speaking to a potential applicant directly about a specific FOA.

Please review the FOA thoroughly to ensure you and the potential project are eligible.  If, however, after reviewing the FOA, you have a question related to the FOA rather than related to applicant or project eligibility, feel free to re-submit a question.

Question 26: We are working with a Tribe on this proposal and wanted to know if a PPA or Lease structured development would be considered as viable under the terms of this FOA?
Answer 26:
Per Section III.F of the Funding Opportunity Announcement (FOA), EERE will not make eligibility determinations for potential Applicants prior to the date on which Applications to this FOA must be submitted. The decision whether to submit an Application in response to this FOA lies solely with the Applicant.

However, in making your decision you may wish to review Section III.A on eligible applicants and depending on the Topic Area, those specific sections under Section I.B, Topic Areas/Technical Areas of Interest. Please also review Section I.C for applications specifically not of interest.
Question 27: In conjunction with the description of approved entities for project application we wished to find out if a “Tribal Energy Resource Development Organization” as defined in the FOA description must be structured as a non-profit or if that LLC or other organized entity could also function as a for-profit entity.
Answer 27:

Per Section III.A of the Funding Opportunity Announcement (FOA), a “Tribal Energy Resource Development Organization” for purposes of this announcement means an “organization” of two or more entities, at least one of which is an Indian Tribe (see the FOA for definition of “Indian Tribe”) that has the written consent of the governing bodies of all Indian Tribes participating in the organization to apply for a grant or loan, or other assistance under 25 U.S.C. § 3503, where “organization” means a partnership, joint venture, Limited Liability Company (LLC) or other unincorporated association or entity that is established to develop Indian Energy.”  The term “Tribal Energy Resource Development Organization” is as defined under the Energy Policy Act of 2005 and does not specify or restrict the nature of the entity (non-profit or for-profit).

 

Also be aware that if a Tribal Energy Resource Development Organization submits an application, it must include evidence of its status as a Tribal Energy Resource Development Organization, as well as the other statements of commitments and cost share as described in Section IV.C.12 of the FOA.

 

Question 28: A recognized tribal company has informed us of their interest to collaborate with us on "deployment of clean energy systems on tribal lands". They have tribal buildings that they want to supply using renewable energy and they have asked us to partner with them in calculating the parameters and designing the system. After I read the FOA I realized that it is limited to tribal organizations. Now my question is: Can we partner on this proposal as the design team while this tribal organization is the lead/PI?
Answer 28:

As submitted, your question is unclear.  We are unable to determine, for example, what kind of entity “you” are and, thus, how you may or may not qualify as an entity eligible to participate on FOA projects; or whether the “recognized tribal company” constitutes an entity authorized to submit an application on behalf of an eligible entity.  We provide the following guidance in an effort to be responsive; however, if your issue remains unresolved, please submit a more detailed question.

 

You are correct that only eligible entities may submit an application under this FOA.  Such eligible applicants include only federally recognized Tribes, Tribal Consortia, and Tribal Energy Resource Development Organizations, as those terms are defined in the FOA.  (See Section III.A., Eligible Applicants, pages 11-13 of the FOA).  Each of those applicants have specific eligibility and authorization requirements, again specified in the FOA. 

 

In addition, Tribal Organizations and Inter-Tribal Organizations, as defined in the FOA, may submit applications on behalf of an eligible applicant; and, again, each of those entities has specific authorization requirements set forth in the FOA.  They must, for example, provide evidence of the authority to submit an Application, relative to the proposed project; such evidence may include but is not limited to, a resolution, ordinance, executive order, charter, P.L. 93-638 contract, self-governance compact, or other legal documentation. EERE will determine the sufficiency of the authorization based on the evidence submitted as part of the Application.  In this regard, please also refer to Section IV.C.12 (page 32), which requires that if an Application is being submitted on behalf of an Indian Tribe(s) by an authorized Tribal or Inter-tribal Organization, a declaration (or resolution) from the Tribal or Inter-tribal Organization and other evidence documenting that the Tribal or Inter-tribal Organization is authorized to act on behalf of an Indian Tribe(s) must be provided.  That section also identifies the content of those commitment documents, including specifics on the land status which might require additional commitments from the land owner or lease holder.

 

Eligible applicants and/or entities properly authorized to submit an application on their behalf may also form partnerships or other business relationships in accordance with their internal procurement procedures, for the purpose of submitting an application and/or pursuing an eligible project.  Please be aware that certain information is required for project partners, participants, or subawardees, which will include, but is not necessarily limited to, a budget and budget justification, letter of commitment, any existing agreements between you and the applicant, resumes of key individuals.

 

Question 29: How do I access the control number for my application?
Answer 29:

 Per the Application Submission Information section of the Funding Opportunity Announcement (FOA) (Section IV.A), “[a] control number will be issued when an Applicant begins the Exchange Application process.”  For more information including step-by-step instructions and screen views, please see the EERE eXCHANGE Applicant User Guide on the EERE Exchange website under “Manuals” or access directly at https://eere-exchange.energy.gov/Manuals.aspx.

 

Question 30: In the FOA for the Deployment of Clean Energy and Energy Efficiency Projects on Indian Lands, I read several instances where a tribal resolution is required. However, I do not see where a resolution would be required if the tribe is applying for itself. Our Tribe is a federally recognized tribal government. Would we need a resolution to apply on our own behalf? Your assistance is appreciated.
Answer 30:

Yes.  Per Section II.A, “a Tribal Council Resolution from each participating Indian Tribe, declaration (or resolution) from each Tribal Energy Resource Development Organization or Tribal Consortium, and a letter of commitment from all other project participants are required as a part of the Application.”  Also, in that same section, “all resolutions, declarations and letters of commitment must be specific to this Funding Opportunity Announcement and must include cost sharing commitments.”  Also, see Section IV.C.12 under the Statements of Commitment and Cost Sharing File which identifies the required content of the Tribal Council Resolution. In fact, “failure to submit the appropriate Tribal Council Resolution(s), declarations (or resolutions) and letters of commitment with your Application may result in your Application not being reviewed or considered.”

 

Please review Section IV.C. including the table for the content and form of the Application.  And, if you are considering submitting an application, you may be interested in attending the FOA webinar scheduled for August 14th. For more information on the webinar, see www.eere.energy.gov/tribalenergy/financial_opportunities.cfm.

Question 31: Would an application for several 2kW installations on separate tribally-owned buildings, totaling a minimum of 10kW (and reducing at least 15% of electricity use) be eligible for this FOA under Topic Area 1.a? Please let me know if you need additional clarification on this question. I look forward to your response. Thanks.
Answer 31: Even though EERE will not make a specific eligibility determination in advance of receiving the applications (see Section III.F of the Funding Opportunity Announcement), under Topic Area 1.a. the minimum size (10 kW rated capacity or equivalent) may be for a single individual clean energy system or the aggregate of multiple clean energy systems and the 15% displacement of energy may be for either a single Tribally-owned building or the cumulative energy displaced in multiple buildings.  Please review the FOA thoroughly to ensure you and the potential project are eligible. 
Question 32: 1) The Tribe has an energy audit for the main administration building that was completed over five years ago. There have not been any major changes to the facility. Is the audit still valid for the Deployment of Clean Energy and Energy Efficiency Projects on Indian Lands grant? 2) Are there any restrictions to selling excess solar energy production to the local utility to offset use during non-production hours? 3) When requesting a Cost Share Reduction, what are the relevant Financial Statements that need to be submitted? Would the latest audit suffice (2012)? Or would we need to submit the monthly balance sheets for all Tribal enterprises? If a Cost Share Reduction to 10% is requested will the agency review and issue a different reduction based upon its evaluation (maybe 15%)? 4) Are Indirect Costs an eligible budgetary item?
Answer 32:

1) If there have not been any major changes to the building, the energy audit may still be relevant, except with respect to any cost estimates for energy efficiency improvements.  Therefore, even though the audit may be used to justify the proposed energy efficiency measures, the cost would be dated (5 years) and likely not sufficient to estimate the costs of those retrofits.

 

2) Per Section I.C. of the Funding Opportunity Announcement (FOA), “applications for commercial or utility-scale projects intended solely for profit through the export of electricity off Indian lands for commercial sale” are not eligible under this FOA.  That said, the temporary production and sale of excess electricity is acceptable, provided the system is not sized for the continuous production of excess electricity.

 

3) Per Section IV.C.20 of the FOA, “the financial statements should include a balance sheet, statement of income and retained earnings or statement of activities (listing income and expenses), and cash flows.”  An annual financial report (rather than monthly balance sheets) for the applicant and the latest financial audit should be sufficient to permit an evaluation of the applicant’s financial need.      

 

Per Section III.B.7, “if EERE does not grant the request for reduced cost share, the Applicant will be required to meet the requisite 50% cost share.”  Therefore, EERE will either: (1) accept the request for the percentage requested; or (2) deny it; and if denied, the applicant will be required to meet the full cost share requirement of 50%.  EERE will not issue a different reduction based upon its evaluation.

 

4) Indirect costs are an eligible budgetary item. If proposed either for EERE funding or cost share, the Indirect Rate Agreement, Federally-approved forward pricing rate agreement, Defense Contract Audit Agency or Government Audits and Reports should be provided to support the budget (see Section IV.C.18).

 

Question 34: Can an Alaska Health Corporation, who is the eligible applicant, submit an application on behalf of a number of Alaska village clinics, and at the same time submit an application for a community health service building. Since the buildings are all located in different rural villages are we able to submit an application for all of the clinics and the community health service building, or is it limited only to one application?
Answer 34:

Please refer to question #26 which states that EERE will not make eligibility determinations.  Please be aware, however, that only Indian Tribes (including any Alaska Native village, regional corporation, or village corporation), Tribal Energy Resource Development Organization, or Tribal Consortium are eligible applicants and can apply on their own behalf.  Any other entities can only submit an application on behalf of and with the express authorization of one of those eligible applicants.  We recommend that you thoroughly review the eligibility requirements and all required supporting documentation before reaching a conclusion that an Alaska Health Corporation is an eligible entity and deciding whether to submit an application.

 

Please also see the Executive Summary which states that “Applicants may submit more than one Application to this FOA or under a Topic Area, provided that each Application is for a unique and distinct project.” Whether you choose to submit one application or many applications is a proposal strategy upon which EERE cannot and will not advise you.

 

 

 

Question 35: First, we are considering preparing an application for a biomass boiler system. The system is purchased as a module, and would be located outside of the project building. We also see that the costs of a building are not eligible. For the purpose of this FOA, is a boiler module considered a building? Also, due to the geotechnical conditions at our site, a foundation system would need to be purchased. Is this an eligible project cost? Second, is it acceptable to include complete 2012 energy usage records instead of incomplete 2013 energy usage records? Finally, the energy saved template has a methodology for calculating energy savings, with a formula on the first tab "Appendix C -- Instructions." Do we need to use this formula, or do we only need to complete the "Form Inputs" tab in this workbook?
Answer 35:

Relative to your first question, per Section I.C. of the FOA, “[t]he proposed EERE funded project may consist of only: clean energy system installation and energy efficiency measures (retrofits) in an existing building; the incremental cost of installing clean energy systems or energy efficiency measures during or after new building construction; or deployment of community-scale clean energy systems.” In the case of a biomass system located outside the project building, the boiler, feedstock storage and processing infrastructure, and building or module to house the system including a foundation are integral to the installation of the clean energy system, and therefore these costs would be considered system-related costs and eligible for consideration. 

Relative to your second question, the energy reduction “must be based on actual annual consumption of that energy source(s) in the building during the prior year (12 months of data)” for Topic Area 1.a. and “must be based on the actual annual consumption of all energy sources used during the prior year (12 months of data) for Topic Area 1.b, EERE will therefore consider (1) the 12 months’ energy consumption data for 2013, or (2) energy consumption data for the immediately preceding 12 months; or (3) the most recent 12-months of contiguous data.

If you choose to use the template provided, you will not need to make the calculations using the formula since the formula is integrated into the calculations embedded in the template. Therefore, if the template is used, you only need to input data into Tab 4 “Form Inputs”. Please consider attending the FOA webinar scheduled for August 14th at 11:00 Mountain. To register, see the Tribal Energy Program’s “Financial Opportunities” website page at www.eere.energy.gov/tribalenergy/financial_opportunities.cfm.
Question 36: Does a tribal enterprise, on the same tribe’s reservation lands, qualify for this funding opportunity? This project is specifically being planned for a tribal owned business enterprise that is on tribal land. I am hoping to find someone who I can visit with on this potential project for our tribe.
Answer 36:
A Tribal Enterprise, in and of itself, is not an eligible applicant. However, if the Tribal Enterprise has been given the authority by the Indian Tribe to act on their behalf and evidence of that authority is provided as part of the application, the “Tribal Organization” (defined below and in the FOA) may submit an application. Per the FOA,
““Tribal Organization,” for purposes of this announcement means any legally established organization of an Indian Tribe, which is controlled, sanctioned, or chartered by the recognized governing body of that Indian Tribe. A “Tribal Organization” may include, but is not limited to, a subsidiary, subdivision, or instrumentality of an Indian Tribe, established under Congressional, State or Tribal law to act on behalf of an Indian Tribe. Applications may be submitted by an authorized “Tribal Organization”, provided evidence of the authority to submit an Application, relative to the proposed project, is supplied as part of the Application. Evidence may include, but is not limited to, a constitution, resolution, ordinance, executive order, charter or other legal documentation. EERE will determine the sufficiency of the authorization based on the evidence submitted as part of the Application.”
As this is a competitive process, EERE cannot advise potential applicants on whether a specific project meets the requirements of the FOA. The decision whether to submit an Application in response to this FOA lies solely with the Applicant.
Question 37: Can Alaska's AKWARM Energy-Rating Software be used instead of the excel worksheet Energy Savings Template? Where can we get the excel document?
Answer 37:
Per the FOA, “the methodology described in Appendix C must be used. A Microsoft Excel template has been provided in EERE Exchange for calculating the amount of energy saved. Appendix C includes instructions on how to calculate the percentage of the total of all energy saved under this Topic Area, the conversion factors that must be used, and various examples.” EERE is not familiar enough with Alaska's AKWARM Energy-Rating Software to make a determination on whether that software follows the prescribed methodology and uses the mandatory conversion factors which include site energy to source energy conversions.

To obtain the Excel template that may be used for calculating energy saved under Topic Area 1, under “Required Application Documents” on https://eere-exchange.energy.gov/#FoaId8dcb7322-075e-4587-b17d-23c471ffabe4, click on “View Required Application Documents”. Clicking on “View Required Application Documents” opens an embedded list of forms and templates, one of which is the hyper-link to the “Energy Saved Template Topic Area 1 – DE-FOA-0001021 Mod 0002”. Please note that a modification issued August 15, 2014 includes a correction to the template, so please ensure you are using this corrected version.
Question 38: Can LED lighting be used as part of the solution on a grant application that would complement solar for tribal owned buildings as part of the grant in DE-FOA-0001021?
Answer 38: Energy efficiency measures such as LED lighting is only eligible under Topic Area 1.b (“Deep Energy Retrofit” Energy Efficiency Measures).  Projects proposing energy efficiency measures under any other Topic Area (Topic Area 1.a and Topic Area 2) will be deemed non-responsive and, if submitted under Topic Area 1.a. or Topic Area 2, will not be reviewed or considered. If any energy efficiency measures are being proposed in addition to the clean energy system(s), the project must be proposed under Topic Area 1.b. and must meet those requirements.  
Question 39: Do we need to use the Microsoft excel to calculate energy savings if we are applying for the community scale project?
Answer 39: No, the Microsoft Excel template for calculating energy savings is only a requirement under Topic Area 1.
Question 40: My question for the FOA concerns the technical volume portion of the narrative. In particular, the Project Description and Outcomes outlined on page 27 of the guidance. The final bullet point under viability reads that applicants should ‘describe the long-term system(s) operation and maintenance plan.’ My question concerns how ‘long term’ is defined by EERE- is this a five year operation and maintenance plan at minimum? Should this be longer? A decade in time?
Answer 40: The intent is that a long-term Operation and Maintenance (O&M) Plan cover the life of the system.  For instance, in the short term the O&M plan may include warranties and service contracts; however, the plan should also address how maintenance and operation will be addressed after those warranties and service contracts end.
Question 41: Is there a way to extract the Workplan Format template from the FOA, or for more than one person to work on the Workplan document at the same time?
Answer 41:
Depending on your computer software, Appendix D can be copied from the pdf file and pasted into a Word document for use. The capability of working on the same document at the same time depends on your computer software. We recommend using the help feature in your software to search for options.
Question 42: I had a question around funding eligibility: would software that provided visibility into real-time energy usage (5-minute interval data) to help facilities on tribal land use energy more efficiently qualify for the opportunity?
Answer 42: No.  Under this Funding Opportunity Announcement (FOA), “EERE is soliciting Applications from Indian Tribes, Tribal Energy Resource Development Organizations and Tribal Consortia to: (1) install clean energy and energy efficiency retrofits projects for tribal buildings; and (2) to deploy clean energy systems on a community-scale on Indian Lands (see Section III.A for eligibility definitions).” Software for measuring real-time energy use does not constitute the installation of clean energy systems or energy efficiency retrofits and therefore, would not meet the intent of the FOA.
Question 43: In filling out the application form there is a question about ‘type of organization.’ Tribe is not listed. Which ’type of organization’ should we check?
Answer 43: For Federally recognized Indian Tribes, please select item I, Indian/Native Am Tribal Govn. (Fed. Recognized), under block 9 of the SF424 Application for Financial Assistance form. Item K would be selected if Indian/Native American Tribally Designated Org. applies.
Question 44: 1) Our solar/wind powered generators will be commercially operational by mid-September/October of this year in 3 states, Will our generators qualify as commercially viable under the guidelines? 2) How long does the award process take from the time a project application is submitted? Does any tribe working with us have time to meet the Jan 2015 project submission deadline to qualify for funding?
Answer 44:
1) The decision whether to submit an Application in response to this Funding Opportunity Announcement (FOA) lies solely with the Applicant. However, the FOA requires that at the time of submission of the application, the proposed clean energy systems or energy efficiency measures be “commercially proven” and indicates that “Applications proposing the use of materials, supplies, or equipment which are not commercial and warrantied” are not of interest. Based on the limited information provided, commercially operational as described, would not be considered commercially proven for purposes of this FOA.
2) Applications must be submitted by eligible Applicants, as that term is defined in the FOA, and are due no later than October 2, 2014. As stated in the FOA, “EERE anticipates notifying Applicants selected for negotiation of award by January 9, 2015 and making awards by April 30, 2015.” Please specifically note that the application submission deadline is October 2, 2014, not “January 2015”. Also, be aware that all the requirements specified in the FOA must be met at the time the application is submitted (no later than October 2, 2014). 
Question 45: The Tribe is considering the installation of shade structures and the installation of solar panels on these carport shade structures at a Tribal Facility. The Tribe’s contribution to the project would include the purchase of the carport shade structures. Based on section B, page 13, paragraph 3, would the Tribe’s purchase of carport shelters be considered allowable as cost share?
Answer 45:

Per Section B, page 13, “Costs associated with the construction of a building will not be considered by EERE for reimbursement or as cost share; only the incremental costs associated with the installation of clean energy systems or energy efficiency measures will be considered allocable to the proposed EERE funded project.”  Regardless of whether funded by DOE or contributed as cost share, all of the projects costs must be allowable, allocable, and reasonable.

Based on the limited information provided, EERE is unable to make a definitive determination.  However, the only manner in which the cost of the carport shade structures could conceivably be considered part of an eligible project under this FOA is if the carport shade structures are an integral element of the solar energy system.   In order for the carport shade structure costs to be considered, you will need to justify as part of your application, the incremental cost of the carport shade structure mounted solar system relative to other options (i.e., ground-mounted or roof-mounted).  

Question 46: 1) Your webinar stated eligible applicants included Indian Tribes and Alaskan tribes. The Department of Hawaiian Home Lands has lands that are classified as federal tribal lands. Does the Department of Hawaiian Home Lands qualify as an eligible applicant/”tribe”? 2) If Department of Hawaiian Homeland lands are owned by the State of Hawaii, not the federal government, can land be counted as an in-kind contribution?
Answer 46:
1) Per page 11 of the FOA, “[f]or purposes of this announcement, an eligible “Indian Tribe” (including Alaska Native villages, but not regional or village corporations), must be federally recognized as listed in Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, published by the Department of Interior’s Bureau of Indian Affairs in the Federal Register on January 29, 2014, 79 FR 4748. Therefore, unless the Department of Hawaiian Homelands is federally recognized as listed in the Federally Register published January 29, 2014, it would not be an eligible applicant.
2) To be eligible, Indian Lands must be as defined in Section III.A of the Funding Opportunity Announcement (pages 12-13). If the Department of Hawaiian Homelands land does not meet those requirements, they would not qualify as Indian Lands. Also, see page 33 of the FOA, which states, “[n]ote that only cost share contributions made during the period of the project can be considered; therefore, only the “lease value” of buildings and land for the period of the proposed project can be considered, not the total value of those assets.”
Question 47: 1) We plan to send multiple projects for this solicitation. Do we need to provide separate Technical Volume and Work Plan for each, or lumped together? Lumping will only allow us maximum of 15 pages for the Technical portion and may diminish the justification/details of each project. 2) We plan to replace diesel fuel with at least 20% renewable diesel and straight vegetable oil (from used cooking oil and canola oil) in generators to provide power and heat for tribal communication towers (existing), waste water treatment plant (existing) and greenhouses (planned). Can we do a hybrid system to combine such generators to include any of various renewable energy systems/technologies (e.g., biogas or methane, natural gas, Sterling engines or concentrated solar, and biomass from woody/grass materials)?
Answer 47:
1) Per the Funding Opportunity Announcement (FOA), “[a]pplicants may submit more than one Application to this FOA or under a Topic Area, provided that each Application is for a unique and distinct project.” Each application must be a separate complete application in and of itself and each must be marked with a unique control number obtained at the beginning of Exchange Application process for each application. See pages 19-20 of the FOA for more on control numbers.
2) Only clean energy systems (renewable energy systems or combined heat and power systems fueled by renewable energy resources or natural gas) as defined on page 5 of the FOA are eligible under Topic Area 1.a and Topic Area 2. In addition, only energy efficiency measures as defined on page 7 of the FOA, or energy efficiency measures combined with clean energy systems, are eligible under Topic Area 1.b. Fuel replacement in an existing diesel system is not eligible.
Question 48: Our Tribe is considering conversion of propane heat to natural gas for one tribal community building with high energy costs. Would this be an eligible project?
Answer 48:

Per Section III.F of the Funding Opportunity Announcement (FOA), EERE will not make eligibility determinations for potential Applicants prior to the date on which Applications to this FOA must be submitted. The decision whether to submit an Application in response to this FOA lies solely with the Applicant.

However, in making your decision you may wish to review the definition of “clean energy” (on page 5 of the FOA or in Appendix A) and realize that natural gas is only eligible as a clean energy source if used in a combined heat and power system.  Please review the FOA thoroughly before deciding whether to expend the time and resources to prepare and submit an application.

Question 49: I have some questions about the Indian Lands Grant FOA - DE-FOA-000121 in regards to Topic Area 2 and the "Community Scale" language. We certainly have a qualified candidate that meets all of these criteria except for the requirement of "Project affecting many building's or an entire community". The word "many" is un-defined and open for interpretation in our minds and also an "entire community" could also be subjective based on the size and population of the specific tribe. This proposed project would feed meters at a building which is actually where the Tribal HQ is located and is a multi-tribal tenant office complex owned by the tribe. Can you please let us know if this "one building" would qualify under the current grant application Topic Area 2 and not be eliminated from contention based on the "many buildings" criteria?
Answer 49:
No, one building does not constitute “many buildings or to an entire tribal community” as required under Topic Area 2. Please see Question #19 of the Funding Opportunity Announcement (FOA) Frequently Asked Questions (FAQS) for more.
 
Please be aware, however, that one tribally-owned or controlled building would qualify under Topic Area 1.a. Under Topic Area 1.a., the proposed system would not only need to be a minimum of 10 kW, but must also displace at least 15% of an existing energy source such as electricity in that building. Please review the requirements of Topic Area 1.a. thoroughly to see if that Topic Area might apply to your situation.
Question 50: (1) Is there a financial management assessment form you offer that is required for this FOA? (2) In accordance with OMB A-133 , can form SF-SAC be submitted as this financial requirement if no financial assessment form is provided?
Answer 50:
(1) In addition to an independent or A-133 audit, DOE will request a Pre-award Information Sheet which includes requested information on performance and financial information. However, please note that this form is not required as part of the application, but only requested of those selected for negotiation of award. 
(2) If selected for negotiation of award, we will work with you to obtain the needed financial information as noted in Section IV.D of the FOA. Please do not submit additional information, beyond what is requested, as part of your application.
Question 51: We are currently breaking ground this week on our new Tribal government/cultural building. We will be utilizing the latest technologies in solar, geo-thermal, foam insulations & concrete siding. However, timing of construction & completion will be close to the grant award dates. Is there a possibility of reimbursement to the Tribe, if awarded a grant, for initial outlay?
Answer 51:
Pre-award costs (either the reimbursement of initial outlays or for consideration as cost share) can only be considered if DOE provides prior approval and then, only after an application has been selected for award negotiations (i.e., tentatively anticipated January 9, 2015). Additionally, until an environmental determination is made by DOE, no irreversible actions such as the purchase and installation of equipment, can be taken or considered for pre-award cost approval. Please also see Question #10, Question #15, and the 1st paragraph of Question #45 of the Funding Opportunity Announcement (FOA) Frequently Asked questions (FAQs) at https://eere-exchange.energy.gov/FAQ.aspx?FoaId=8dcb7322-075e-4587-b17d-23c471ffabe4.
Question 52: My company is currently working on designing a solar PV system for a Tribal Corporate Building. We are having a difficult time trying to determine if this project will qualify as a Topic Area 1 or 2 project, as this will play a major role in our final system design as the grant amount will be factored into the decision by the Tribe. I am attaching a snap shot of the system data for your review; please advise us at your earliest convenience.
Answer 52:
Per Section III.F of the Funding Opportunity Announcement (FOA), EERE will not make eligibility determinations for potential Applicants prior to the date on which Applications to this FOA must be submitted. The decision whether to submit an Application in response to this FOA lies solely with the Applicant. However, below are some key differences between the Topic Areas which might help you determine which Topic Area might be applicable to your situation.
 
Topic Area 1 is specifically for facility-scale projects, meaning for a single or multiple “Tribally-owned or controlled buildings”. However, under Topic Area 2, the community-scale projects must be for many buildings or for an entire community. Under Topic Area 1, the requirement for a renewable energy system for example, is to displace at least 15% of an existing energy source (Topic Area 1.a) and be a minimum of 10 kW. Whereas, under Topic Area 2, the system only needs to be 50 kW and there is no specific requirement to offset a certain percentage of current energy use. Please also review the requirements for tribally-owned buildings under Topic Area 1 and the different requirement under Topic Area 2 on the ownership or control of the project and the buildings.
Question 53: Do Davis - Bacon wage rates apply to the above FOA?
Answer 53:
The Davis-Bacon and Related Acts apply only to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. As such, Davis - Bacon wage rates will not apply to projects funded under this FOA.
Question 54: The tribe is considering setting up a new Tribal RE development company that will be a member of a new development partnership set up for purposes of project installation. We are currently considering a lease structure where the Lessor (consisting of the new RE Tribal development Co. and other professional partners) provides a PPA or lease contract of 10 years where the end user (a tribally controlled casino on reservation property) then performs a buy-out of the installation and becomes the new owner. Since the end user and final owner post contract period remains a tribal controlled authority (the on-site casino) does this present any conflict with the 20 year minimum lease term shown as required in the FOA?
Answer 54:
As written, your question does not provide enough information to allow us to assist you. Also, because this is a competitive process, EERE cannot advise you individually on whether your specific project meets the requirements of the FOA. The decision whether to submit an Application in response to this FOA lies solely with the Applicant. However, this FOA is restricted to: (1) an Indian Tribe; (2) Tribal Energy Resource Development Organization; or (3) Tribal Consortium; and on whose (4) Indian Lands the project(s) will be located. See definitions of eligible applicants under Section III.A of the FOA. Per the FOA, leases apply to the definition of “Indian Land” which include “lands under a long-term Federal land lease (at least 20 years)” and to the definition of “Tribally-controlled building(s)” where an “the building is either owned by the eligible entity or Tribal members, or the eligible entity has a long-term lease (at least 20 years).”
Question 55: My question pertains to whether consultants will be able to include their efforts in the proposal. Obviously, the incentive to assist the tribes in completing a complex proposal is greater if the consultant’s support can be written into the proposal and cost. Can you clarify any DOE restrictions or requirements for subsequent tribal solicitation for support services?
Answer 55:
DOE does not reimburse applicants for costs incurred in preparing and submitting an application in response to a Funding Opportunity Announcement (FOA). However, consultant costs, not associated with preparing and submitting an application, may be considered for reimbursement or as cost share as part of the project, provided the costs are allowable, allocable, and reasonable and meet the limitations of Section VI.C.3 which limits the annual compensation of an individual to $250,000. For more on costs and cost share, see Section III.B.3, Section IV.C.12, Section IV.G.1 and Section IV.G.2 of the FOA. We are uncertain what you mean when you ask for additional clarification regarding “any DOE restrictions or requirements for subsequent tribal solicitation for support services.” If you’re asking what restrictions or requirements apply to a recipient’s acquisition of contractor services after award, please see 10 CFR 600.236 Procurement; otherwise, please clarify your inquiry.
Question 56: My organization will be a project partner with a federally-recognized Indian tribe who will be applying for funds through this program for the installation of solar photovoltaic (PV) systems on 50 individual homes on their reservation. In acknowledging the brief period of time before the application submission deadline, we estimate it would take a crew of four at least 35 hours each to determine the exact size of individual the PV system on each of the 50 roofs to be included in the application. Would DOE allow the program partners to estimate the amount of energy savings of participating homes and perform actual measurements of participating homes post-application? Thank you in advance for any guidance you can provide.
Answer 56:
First, be aware that the type of information to be included in your application depends on which Topic Area the Tribe would be submitting under. Under Topic Area 2, Community-Scale Clean Energy Deployment, you would need only to commit to at least 50 kW rated capacity on “many buildings or an entire tribal community”. Whereas under Topic Area 1.a, Tribal Building Clean Energy Retrofits, not only would you need to install at least 10 kW of rated capacity, but also demonstrate that the systems would displace at least 15% of an existing energy source either on each individual home or aggregated from electric meter data for all 50 homes and to supply that utility data as part of the application. Please review the criteria and weighting to be used in reviewing applications, along with the design information requirements, in deciding whether to estimate the amount of energy savings of participating homes in the application or actual measurements, as EERE cannot advise you.
Question 57: The Tribe is exploring requesting funding through the DOE Funding Opportunity for the Deployment of Clean Energy and Energy Efficiency on Indian Lands (DE-FOA-0001021) grant. Several of our staff attended the August 14 webinar and have several questions: 1. Is there a requirement that the project verification portion of the energy reduction portion of the application be completed by a professional energy professional? If so, can you please provide the minimum qualifications that would need to be demonstrated in the application? 2. For PV projects that will be connected and net-metered with a public electric utility, what form of commitment from the utility (if any) does DOE require to be included in the project application? 3. If there is no commitment that needs to be included in the application, does DOE require copies of letters from the utility stating that the owner has been given a permission-to-operate from the utility? 4. Can the non-DOE match for the project be considered allowable by a non-profit solar installer using state rebate funding? 5. Will a letter of commitment from the non-profit solar installer attached to the application be sufficient to demonstrate match commitment? If not, what other assurances are needed? 6. In the instance where the solar system is to be installed on a (tribal entity) members household and a subawardee solar contractor is responsible for completing the system; what types of assurances are required by DOE? Would a letter from the tribal homeowner to the tribal government authorizing the tribal government be acceptable?
Answer 57:
Please see below responses to your questions regarding the DOE Funding Opportunity for the Deployment of Clean Energy and Energy Efficiency on Indian Lands (DE-FOA-0001021).
1. The Funding Opportunity Announcement (FOA) does not specify who needs to complete the energy savings verification under Topic Area 1 (note that Topic Area 2 does not require energy savings verification). However, it is prudent to have an entity other than the system provider conduct the energy savings verification.
2. Per page 26 of the FOA, “include a discussion of the interconnection or net metering arrangements and include any agreements, if obtained, under the Agreement File.” Also, see #5 below.
3. EERE cannot advise you regarding the specifics of your submission, as each applicant must decide how best to demonstrate the technical and economic viability of the proposed project, including providing any arrangements such as “permission-to-operate” or interconnection and net metering agreements, if obtained.
4. As long as the source of state rebate funding is not federal, those rebates could be considered as cost share provided that the rebates are obtained during the project period and evidence that those funds are committed can be provided with the application.
5. Per the FOA, “[a] Tribal Council Resolution by each participating Indian Tribe, a declaration (or resolution) from each Tribal Energy Resource Development Organization or Tribal Consortium, and a letter of commitment from all other project participants are required as a part of the Application.” Also, “statements of cost share commitment should include a detailed estimate of the cash value (basis of and the nature of; e.g., equipment, labor, facilities, cash, etc.) of all contributions to the project by project participants.” If cost share is coming in the form of rebates, evidence of that cost share would be required as part of the application.
6. This question is unclear. If the home owners are donating their roofs or ground for the solar systems, a letter of commitment is required from the homeowners (see #5 above). Note that if these buildings are owned by the Tribe or the Housing Authority, then that entity would need to provide that commitment. For more on the Statement of Commitment and Cost Sharing File see Section IV.C.12.
Question 58: I am interested in applying for the Energy Efficiency and Renewable Energy grant for School District buildings in Alaska which serve 6 different remote villages where the majority of students are tribal members. In looking through the DOE funding opportunity that was just released for FY14/15 it says that the buildings which are affected by any grant funds from this DOE opportunity must be either tribally owned or located on tribal lands. I believe the focus of the grant is to benefit tribal members but due to the language of the grant it does not appear that the School District is an eligible applicant because we are not considered a tribal entity and the school district is state owned, not tribally owned. Is there any way that the School District in remote Alaska, that serves a majority of native students, has a majority native school board and is surrounded by native land, in native communities, can apply for any of this funding opportunity? We are very interested in taking advantage of these opportunities to benefit our students but it does not seem to be possible.
Answer 58:
Although the proposed project, as described, appears laudable, you are correct that it does not meet the statutory requirements for an award under the current Funding Opportunity Announcement (FOA). The Energy Policy Act of 2005, under which these funds are Congressionally appropriated, restricts funding to: (1) an Indian Tribe; (2) Tribal Energy Resource Development Organization; or (3) Tribal Consortium; and on whose (4) Indian Lands the project(s) will be located.
Question 59: I would like to ask the following questions regarding the current grant opportunity. 1) Do residential outdoor wood boilers qualify for funding under the FOA? 2) Do indoor or outdoor wood pellet furnaces qualify for funding under the FOA? 3) What is required as far as documentation of the sustainability of a resource such as firewood or wood pellets?
Answer 59:
1) Per the Funding Opportunity Announcement (FOA), “Renewable energy systems”, for purposes of this announcement, include systems for: (1) electric power generation; and/or (2) heating or cooling systems. Renewable energy systems also include renewable energy fueled combined heat and power systems (see below).
a) Renewable energy systems for electric power generation include, but are not limited to, photovoltaic (solar electric), biomass (including waste to energy), wind power, incremental hydropower, or other renewable energy hybrid systems for electricity power generation.
b) Heating or cooling systems include, but are not limited to, the use of biomass for high efficiency combustion systems (i.e., stoves and boilers), active solar thermal systems for space or water heating, wind energy for heating, direct-use hydrothermal (geothermal) resources for water and space heating, or other renewable energy hybrid systems for heating and/or cooling.
Therefore, eligible heating systems include the “use of biomass for high efficiency combustion systems (i.e., stoves and boilers)”, whether outdoors or indoors as long as the systems are efficient, and the proposed project meets the other requirements of the FOA.
2) See #1 above.
3) Per pages 26-27 of the FOA, “[s]upply evidence including site maps, resource maps, and/or quantitative resource data documenting those resources and include as an attachment under the Site and Resource Map and Graphics File. Evidence may also be in the form of a previously completed feasibility study.” Also, per page 31, “[e]vidence of an available and sustainable renewable resource may be in the form of a previously completed feasibility study and any supplemental information or the study may be included here.” Due to the many types of potential renewable energy resources and variety of information types, the FOA does not specify the specific type of documentation required. As such, the responsibility of demonstrating the availability and sustainability of the resource lies solely with the applicant.
Question 60: I have a question regarding FOA #DE‐FOA‐0001021 - Deployment of Clean Energy and Energy Efficiency Projects on Indian Lands. On page 31, number 8, the FOA requires that applicants "supply evidence of the actual prior year (12 months) consumption data (amount and cost)." For applicants deploying clean energy technology on over 30 buildings, must 12-month evidence be supplied for all 30 buildings? If all buildings are the same (small homes with similar square footage), can a smaller sample of utility bills be submitted to represent the entire group of buildings?
Answer 60:
As Topic Area 2 (Community-Scale Clean Energy Deployment) only required that the system be 50 kW and does not have an energy savings requirement or necessitate that evidence of energy use be provided, this response is only applicable to Topic Area 1 (Tribal Building Clean Energy and Energy Efficiency Retrofits). Sufficient evidence must be supplied to demonstrate the required energy savings in the buildings (displacement of at least 15% under Topic Area 1.a, or at least a 20% reduction in the total of all energy and fuel used for Topic Area 1.b), whether that information is per home or aggregated at meter(s) and evidence of the actual prior year energy consumption provided. Therefore, extrapolated energy use data would not constitute evidence of actual prior year energy consumption data.
Question 61: Thank you for answering some of our questions concerning the "Community Scale" section of this Grant. We have reviewed the response to Question #19 and still need further clarification on how many buildings must be included in our project to qualify under Topic Area 2, “Community-scale”?
Answer 61:
For purposes of this FOA, community-scale applies to “many buildings or to an entire tribal community”. EERE cannot specify a definitive number of buildings that constitute “many” as that number will vary depending on the size and building composition within a particular tribal community. However, a “community-scale” project must serve a substantial number of the total buildings within a community and/or provides a substantial percentage of the total community energy load.
 
Please note that this response takes precedence over the response provided under Question #19 as three buildings might qualify as “community-scale” provided the proposed project serves a substantial number of the total buildings within a community and/or provides a substantial percentage of the total community energy load, and that the applicant addresses this qualification criteria as part of the application.
Question 62: Our Native Village wants to submit an application to DOE to retrofit the multipurpose building which is owned by the tribe. After watching your webinar we have some questions regarding the FOA. How much of the cost can the DOE cover for this retrofit which is $1,195,853 to complete this project? The tribe would like to utilize this building as a multipurpose building.
Answer 62:
As this is a competitive process, EERE cannot advise potential applicants on whether a specific project meets the requirements of the FOA. The decision on whether to submit an Application in response to this FOA lies solely with the Applicant (refer to Section III.F). However, in making your decision see the Executive Summary or Section II of the FOA as it provides the range of Federal funding by Topic Area, excluding cost share, as: (1) between $50,000 and $500,000 for Topic Area 1; and (2) between $250,000 and $1 million for Topic Area 2. So, with a 50% cost share as required, unless a reduction is requested and granted, the maximum project costs would be $1,000,000 for Topic Area 1 and $2 million for Topic Area 2.
 
Remember, Topic Area 1 is for facility-scale projects meaning a single or multiple buildings, whereas Topic Area 2 is for community-scale projects. For more on “community-scale”, see the response to Question 61 on the Frequently Asked Questions (FAQs) for this FOA at https://eere-exchange.energy.gov/FAQ.aspx?FoaId=8dcb7322-075e-4587-b17d-23c471ffabe4. Please also review the specific requirements for each Topic Area to ensure your project meets those specific requirements.
Question 63: Does the DOE have a requirement for a minimum population in a village?
Answer 63:
No, there is no minimum population requirement for this Funding Opportunity Announcement (FOA) and population is not a factor in the eligibility review or the technical application review.
Question 64: If at the end of the grant, the Tribe has done the entire scope of work in good faith and the energy savings doesn’t add up to 20%, what happens then? I could find nothing about that in the FOA. I understand that we need to do the template to show the projected savings when we apply and that we need to track the savings over a year’s time.
Answer 64:
Per DOE Regulations (10 CFR Part 600), Financial Assistance means the transfer of money or property to a recipient or subrecipient to accomplish a public purpose of support or stimulation authorized by Federal statute, instead of acquiring property or services for the direct benefit or us of the United States government. As a result, under financial assistance, the project activities are based on best efforts to meet the overall project objectives, as opposed to specific requirements or specifications that have penalties for default under a contract. Therefore, no repercussions or penalties have been specified in the event that a recipient’s best efforts do not result in the projected amount of energy savings. Please note, however, that a recipient’s failure to comply with other terms and conditions of the award may result in the suspension, cancellation or termination of the grant prior to the end of the project.
Question 65: I had a question for the cost share reduction request. Once a cost share reduction request is submitted, what is the estimated time for response for approval or denial?
Answer 65:
Review of the cost share reduction requests will be concurrent with the application reviews. EERE expects to notify Applicants selected for negotiation of award based on the technical merit of their applications early in the 2015 calendar year. However, final decisions regarding cost share reduction requests may not occur until after the selection notifications are made. Also, please be aware that per the Funding Opportunity Announcement (FOA), “[i]f EERE does not grant the request for reduced cost share, the Applicant will be required to meet the requisite 50% cost share.”
Question 66: have a question regarding this deployment grant opportunity. We are looking at applying for Topic Area #2: Community Scale Clean Energy Deployment. Am I correct in gleaning from the FOA that the project can be in progress but with no construction initiated and still be eligible for funding? We are looking at installing a solar system and negotiating contracts, PPA agreements, etc. will likely take some time.
Answer 66:
In order be eligible, the project must not have begun (no equipment purchased or installed). Costs for equipment purchase or installation would only be eligible after a DOE NEPA (National Environmental Policy Act) Determination was made and either: (1) an award had been made; or (2) pre-award costs (whether those are requested DOE funds or those proposed as cost share) had been approved by the DOE Contracting Officer. See related questions #15, #35, #45, and #51 on the Frequently Asked questions (FAQs) webpage related to this Funding Opportunity Announcement (FOA) at https://eere-exchange.energy.gov/FAQ.aspx?FoaId=8dcb7322-075e-4587-b17d-23c471ffabe4.
 
Additionally, even though the intent of Topic Area 2 of the FOA is for the deployment of clean energy systems, the FOA does not require that all agreements and contracts must be in place at the time of application submission, but rather that all aspects needed to deploy a clean energy system be discussed as part of the application and that agreements (if any) be provided (see Agreements File on page 33 of the FOA). Please ensure, however, that you are able to provide all the information required for a complete application (see Section IV.C. of the FOA) and that you’ve addressed the Technical Review Criteria on pages 40-41 of the FOA.
Question 67: 1) Does DOE or EERE need to review and approve the project scope? 2) How do we submit the 12 months’ worth of utility “after construction and installation is complete” bills? 3) Is a projected proposal of energy reduction required? 4) Where is the GANT chart that is referenced on page 30 in the work plan, located? 5) What calendar or month ((s) for calculation) do quarters start in? 6) What does “negotiate” mean, after awarded? That we will be told that we can do it for cheaper…?
Answer 67:
1) Yes, DOE’s Office of Energy Efficiency and Renewable Energy (EERE) will review the proposed project scope as part of the eligibility review, and subject matter experts will review the proposed project scope relative to the published technical review criteria. Please see Section V on page 39 through 41 of the Funding Opportunity Announcement (FOA). Additionally, if the application is selected for negotiation towards award, EERE will review and negotiate the budget and scope prior to award. Be aware, however, that per Section VIII.C. of the FOA, “EERE reserves the right, without qualification, to reject any or all Applications received in response to this FOA and to select any Application, in whole or in part, as a basis for negotiation and/or award.”
2) As a condition of an award (if one is made), each recipient will be required to submit quarterly progress reports and financial status reports. Additionally, each recipient will be required to submit final deliverables, including a final report which is a comprehensive accounting of the activities performed, and results achieved, including lessons learned. Therefore, for those applications selected under Topic Area 1 (only), the documentation to demonstrate the energy savings would be included as part of the final report.
3) Yes, a projection of the amount of energy reduction is required for applications submitting under Topic Area 1. No estimated reduction, however, is required for Topic Area 2.
4) A template Gantt chart was not included as part of the FOA; however, a hyper-link to an example was included. See http://en.wikipedia.org/wiki/Gantt_chart.
5) Because we are unclear as to what your question is referencing, we are unable to provide a response. If you are referring to how to calculate the estimated energy reduction, please see Appendix C and the Microsoft Excel template provided on EERE Exchange at https://eere-exchange.energy.gov/#FoaId8dcb7322-075e-4587-b17d-23c471ffabe4. Specifically, for the “Energy Saved Template Topic Area 1 - DE-FOA-0001021 Mod 3”, access it through the hyper-link at “View Required Application Documents” under “Required Application Document”. For more, you may be interested in the webinar video which is also posted at the link above.
6) If an application is determined to be meritorious, it may be selected for negotiation of award terms and conditions. Negotiations will occur prior to actual award of a grant, and will include the parties’ agreement on the project budget, scope, and other aspects of the award. Please see #1 above.
Question 68: Our Tribe is currently building a new Regional Justice Center on the Reservation. Is a new construction project eligible for funding so that we can build renewable energy into the project?
Answer 68:
Yes, under the facility-scale Topic Area (Topic Area 1, Tribal Building Clean Energy and Energy Efficiency Retrofits), clean energy systems (Topic Area 1.a) or deep energy retrofit energy efficiency measures (Topic Area 1.b.) may be installed on buildings being constructed or to be constructed during the proposed project period (see Section I.B. for the Funding opportunity Announcement (FOA) document). Be aware, however, that the “proposed EERE funded project may consist of only: clean energy system installation and energy efficiency measures (retrofits) in an existing building; the incremental cost of installing clean energy systems or energy efficiency measures during or after new building construction; or deployment of community-scale clean energy systems” and that applications “proposing the construction of a building or buildings” is not of interest (see Section I.C.). Therefore, the cost of the building would not be eligible, only the incremental costs of the proposed clean energy or energy efficiency systems may be proposed.
Question 69: Are window replacements on a tribal building an eligible stand-alone activity for the Clean Energy and Energy Efficiency Projects on Indian Lands grant application?
Answer 69:
Window replacements on a tribal building would be an eligible stand-alone activity for the Clean Energy and Energy Efficiency Projects on Indian Lands grant application under Topic Area 1.b, provided that those stand-alone window replacements in and of themselves can meet the minimum energy reduction specified (at least 20% reduction in the total of all energy and fuel used in the building) , an energy audit indicating those energy savings has been completed and is provided as part of your application, you can demonstrate the requisite energy reduction using the Microsoft Excel Template entitled “Energy Saved Template Topic Area 1 - DE-FOA-0001021 Mod 0003”, and the application meets all other requirements of the Funding Opportunity Announcement (FOA).
Question 70: For the energy savings worksheet, do you need to enter the heating source data if you are proposing a project for photovoltaic only for DE-FOA-0001021?
Answer 70:
If you are proposing under topic Area 1.a. (Facility-scale Clean Energy Systems), the requirement is for the displacement of at least 15% in an energy source; therefore, only the energy source that is being displaced needs to be accounted for in the Microsoft Excel “Energy Saved Template Topic Area 1 - DE-FOA-0001021 Mod 0003” or energy savings worksheet as you referred to it. Please ensure the correct Topic Area is identified at the top of the “Form Inputs” tab as that designation will impact the Energy Savings Results tab information. 
 
On the other hand, if you are proposing under Topic Area 1.b. (“Deep energy Retrofit” Energy Efficiency Measures), then the requirement is a 20% reduction in the total of all energy sources used in a building or buildings, and therefore, all energy sources must be accounted for in the energy savings worksheet.
 
As there is no energy reduction requirement under Topic Area 2 (Community-Scale Clean Energy Deployment), the energy savings worksheet is not required.
Question 71: I have a question regarding the award amount for a project under Topic Area 2. Is the minimum amount awarded by the grant $250,000 or is $250,000 the total project cost minimum? In essence, I was wondering whether it is possible for an Indian Tribe to be funded less at $125,000 for a project that costs $250,000 total. Also, is it possible to start a project before the award has been granted or do we need to wait until after the award has been granted to begin?
Answer 71:
Under Topic Area 2 (Community-Scale Clean energy Deployment), the minimum amount of DOE funds for an individual award is $250,000 and the maximum amount of DOE funding per individual award is $1 million. EERE will not consider applications requesting less than $250,000 in DOE funding under Topic Area 2.
 
EERE will not consider retroactive awards and therefore, applicants must wait at least until DOE has made notification of selections and had any pre-award costs (both DOE and cost share) approved by the DOE Contracting Officer. Further, an applicant is precluded from taking any irreversible actions until DOE makes a DOE Environmental Determination (see page 9 of the Funding Opportunity Announcement). For more, please also see Question #10, Question #15, and the 1st paragraph of Question #45 of the Funding Opportunity Announcement (FOA) Frequently Asked questions (FAQs) at https://eere-exchange.energy.gov/FAQ.aspx?FoaId=8dcb7322-075e-4587-b17d-23c471ffabe4.
Question 72: All the tabs on the energy saved template, topic area 1, are locked. Is there a way to unlock them so that we can input information or are we supposed to copy each tab?
Answer 72:
You are correct; all of the tabs under the energy saved template for Topic Area 1 are locked, except for the “Form Inputs” tab which is the only tab that you need to input data. You may, however, need to “Enable Editing” in order to input data into the “Form Inputs” tab. Please see the “Example Form Inputs” for instructions on how to complete.
 
For more, please see the slides and audio recording of the Funding Opportunity Announcement (FOA) webinar at http://apps1.eere.energy.gov/tribalenergy/webinar_de-foa-0001021.cfm. Specifically, see Energy Savings Calculations for Topic Area 1 beginning on page 79 of the slides and the demonstration beginning on slide 91.
Question 73: If we complete an eligible project before being awarded funding, are we still able to receive funding. We have a small rebate from an utility company that expires before award are announced.
Answer 73:
No. To be considered for funding, a potentially eligible project cannot have been started or completed. Per Section I.C., “[a]ny application where the applicant has already taken irreversible actions regarding the proposed EERE funded project” is not of interest, and will not be reviewed or considered.
Question 74: For Topic Area 1.a. under DE_FOA-0001021, is the time frame for energy use from January 2013 through December 2013 or is it from October 2013 through September 2014 for calculating energy savings for the energy data collection?
Answer 74:
Under Topic Area 1.a., for “existing Tribally-owned or controlled building(s), the requirement for a 15% displacement in an existing energy source (or multiple energy sources if a combined heat and power system is proposed) in a building or buildings must be based on the actual annual consumption of that energy source(s) in the building or buildings during the prior year (12 months) as evidenced by utility bills (e.g., electric utility bills, fuel purchase invoices, or other comparable documentation for the energy source(s) to be displaced.” Therefore, 12 months’ worth of consecutive utility data is required, however, the Funding Opportunity Announcement (FOA) does not specify a specific time frame.
 
That said, even though the utility data by month begins with January on the Energy Savings Template “Form Inputs” tab, the utility data can begin in any month. For example, if the utility data used to calculate the energy savings begins with March 2013, on the “Forms Inputs” tab you would input the data for March through December 2013 in Section C and then on the same row, include utility data for January and February 2014.
Question 75: The Tribes have some questions on the EERE grant. We have been planning to submit for Area 1b Deep Energy Retrofit. 1) In the announcement there is a statement that facilities can be used as part of the match (see page 15 under cost share types). Some of us believe that the use of facilities is what we define as space cost for running the program, while others have been stating that is the value of the building to be used as in-kind. 2) The other question is how much data needs to be included in the initial application. Some are saying we need to hire an engineer right now as a third party to tell us what we need to do to reduce energy costs. Others say we know what buildings we own, the square footage and our needs, such as energy efficient windows, high R-value insulation on the interior/exterior and roof, doors, efficient heating and cooling systems. 3) The next point is on the energy audit. We have been informed the Tribes have energy audits within the past 5 to 6 years, but we did not see specifics as to the date of the “prior energy audit.” (page 7). 4) We have two buildings for which construction will begin within the next 12 months. If the building construction begins in December 2014 or March 2015, can the new construction still be included in the EERE grant. Our best guess is that the construction phase will last at least 12 months depending on weather.
Answer 75:
Please find answers to your questions regarding Topic Area 1.b., “Deep Energy Retrofit” Energy Efficiency Measures, below. 
 
1) Page 33 of the Funding Opportunity Announcement (FOA), states that “"Cost Sharing" is not limited to cash investment. In-kind contributions (e.g., contribution of time, services, or property; donated equipment, buildings, or land; donated supplies; or unrecovered indirect costs) incurred as part of the project may be considered as all or part of the cost share. Note that only cost share contributions made during the period of the project can be considered; therefore, only the “lease value” of buildings and land for the period of the proposed project can be considered, not the total value of those assets.” Therefore, in order for DOE to consider the “lease value” of a facility or building to be donated as part of the project, a basis of how that estimate was made must be provided as part of the Budget Justification.
 
2) At a minimum, the application must demonstrate that the proposed energy efficiency measures will reduce the total of all energy used in the building by at least 20% and a component of demonstrating those reductions would be in the form of an energy audit which is required as part of any application submitted under Topic Area 1.b., along with a completed “Energy Saved Template Topic Area 1 – DE-FOA-0001021 Mod 003” and 12 months of current energy use data. Please use the table on pages 21-22 for the required elements of an application and those which may be required to fully address a specific Topic Area, even if those elements are designated as “Optional”. 
 
3) The FOA requires that a prior energy audit be completed and provided as part of the application; however it does not specify when the energy audits must have been completed. If the energy audits were not completed recently, as part of the application you may wish to assure the reviewers that there have been no changes to the buildings that would have impacted those energy saving estimates. Also be aware that for existing buildings, the estimated reduction (at least 20%) in the total of all energy used in the building or buildings must be based on the actual annual consumption of all energy sources used during the prior year (12 months of data). If the Tribally-owned or controlled buildings are being constructed or to be constructed during the project period, the requirement for a 20% reduction in the total of all energy used in a building or buildings must be based on the projected annual energy use and those projections supplied as part of the Application.
 
4) Per Section III.B. (page 13), “[c]osts associated with the construction of a building will not be considered by EERE for reimbursement or as cost share; only the incremental costs associated with the installation of clean energy systems or energy efficiency measures will be considered allocable to the proposed EERE funded project.” Regardless of whether funded by DOE or contributed as cost share, all of the projects costs must be allowable, allocable, and reasonable. For additional information on pre-award cost approval and the requirement for an environmental determination prior to any irreversible actions are taken, see Question #10, Question #15, the 1st paragraph of Question #45, and Question #51 of the Funding Opportunity Announcement (FOA) Frequently Asked questions (FAQs) at https://eere-exchange.energy.gov/FAQ.aspx?FoaId=8dcb7322-075e-4587-b17d-23c471ffabe4.
Question 76: If a project is worth $1,195,853 to retrofit a community building and the grant is capped at $500,000...can we do this project in phases? For example, do phase 1 that is worth $500,000 and then submit another $500,000 for the next phase. Is there a possibility of applying for this grant in this manner?
Answer 76:
Based on the question, the assumption is that your question is specific to the maximum amount of DOE funding under Topic Area 1 (Tribal clean Energy and Energy Efficiency Retrofits) rather than Topic Area 2, as the threshold for DOE funding for individual awards under Topic Area 2 are more than the $500,000 cited. If so, the maximum amount of DOE funding for each individual award under Topic Area 1 is $500,000. There is not a maximum imposed on the total project costs; however, any costs in excess of $500,000 must be cost shared. DOE will not consider phase projects.
 
Therefore, if the total project costs being are $1,195,853, then you could request a maximum of $500,000 from DOE, but the committed cost share must be for the remaining project costs of $695,853.
Question 77: Are engineering firms or outside consultants assisting the tribe with the grant allowed to submit all documents or does the tribe have to do that?
Answer 77:
Although not preferred, a consultant may upload an application on behalf of an eligible applicant. In order to upload an application, the submitter must certify in EERE Exchange that they are authorized to submit on behalf of the applicant (eligible entity as defined in the Funding Opportunity Announcement). Also, if the application is submitted by proxy: (1) the entity uploading the application must have been authorized by an eligible applicant; and (2) the Application for Federal Assistance (SF424) must be physically signed by an authorized representative of the eligible applicant as defined in the FOA and scanned prior to uploading to Exchange. As an electronic signature would be invalid if the application was uploaded by proxy, it is essential that the Application for Federal Assistance is physically signed, scanned, and uploaded.
 
Sharing permissions (section six of the EERE Exchange Applicant user guide) can be used to give EERE Exchange users from multiple organizations access to the submission for content management, oversight and review responsibilities and submission responsibilities. Note that uploading by proxy does not negate the requirement for the applicant to complete all other registrations (SAM, FedConnect, Grants.gov, and obtain a DUNS number) as described on page ii of the FOA.
Question 78: We would like to propose a project to involve building a community solar installation on tribal land which is owned and operated by a third party. The tribe would then enter into a PPA for the power produced and gain significant savings on their electric bill over the 20 year period of the PPA. A strict interpretation of "owned and controlled" by a tribe, would appear to disallow such a structure, but that that structure is fairly common and useful to municipalities, school districts, tribes, etc. Would this PPA or lease structured development be considered under this FOA?
Answer 78:
Since, as described, this proposed project clearly does not meet the requirements for Topic Area 1 of this Funding Opportunity Announcement (FOA), “Tribal Building Clean Energy and Energy Efficiency Retrofits”, we assume you are asking with respect to Topic Area 2, "Community-scale Clean Energy Deployment”. In that regard, page 8 of the FOA states, “[a]ll proposed projects must be on Indian lands and must be “owned or controlled” by an eligible entity and the power and/or heat must be generated and used on Indian land; however, the buildings where the energy or heat is to be used do not necessarily need to be “owned or controlled” by the eligible entity.” Therefore, if as described, the solar installation is owned and operated by a non-eligible third party, then the project would not be eligible under Topic Area 2 of this FOA.
Question 79: Why was the “natural gas” combined heat and power option deleted? Why was natural gas removed from this grant opportunity?
Answer 79:
Modification 0001 did not “delete” natural gas, but rather clarified that the combined heat and power systems could be either natural gas or renewable energy fueled rather than natural gas only as was implied by the way it was previously written. Page 5 of the Funding Opportunity Announcement (FOA) defines eligible combined heat and power systems as being “fueled by either renewable energy resources or natural gas.” And that “[c]ombined heat and power systems not fueled by either renewable energy resources or natural gas will not be considered.”
Question 80: In budgeting for selected applicants to attend and present on project activities at the annual Tribal Energy Program Review in Denver, CO, does “one-week” mean a 5-day meeting with an additional travel day on each end? May we include travel for more than one attendee in our grant budget?
Answer 80:
For budgetary purposes, please assume a 5-day meeting with an additional travel day on each end. For more information on the annual review and past presentations, please see the Tribal Energy Program website at http://apps1.eere.energy.gov/tribalenergy/program_review_meetings.cfm.
 
EERE requests that at least one representative of the applicant to attend and present; however, a couple representatives may be necessary and depending on the project, some recipients request contractor representation at the review. Be aware that the initial review may be at the start or early in the project and hence, fewer representatives might be appropriate, whereas multiple people may be desired to present the final results.
Question 81: Is a solar installation company who the tribe will contract to install a facility scale rooftop PV system considered a vendor or subcontractor? This question relates to the requirement to submit a separate budget justification (EERE 159) “for each subawardee (i.e., subrecipient or subcontractor), excluding vendors, that is expected to perform work estimated to be more than $250,000 or 25 percent of the total work effort (whichever is less). The solar installer (vendor/contractor) will perform more than 25% of the work under the direction of tribal staff. I believe that the solar installer should be classified as a vendor, but want to confirm. Also, in this situation, is a resume required for the solar installer? The solar installer has a team that is providing a product (solar panels) and service (installation of those panels). It will be difficult to identify any specific individuals from the solar company that are key to the project and obtain their resumes. Also, since they appear to be a vendor requesting resumes seems inappropriate. Any clarification is appreciated.
Answer 81:
Per Appendix A of the Funding opportunity Announcement (FOA), “"Subawardee, Subrecipient, or Subcontractor" means the legal entity to which a subaward is made and which is accountable to the Recipient for the use of the funds or property provided under a Financial Assistance Award.” To elaborate, a subawardee, subrecipient, subcontractor may have its performance measured against whether the objectives of the federal program are met; may have responsibility for programmatic decision making; may have responsibility for adherence to applicable federal program compliance requirements; and may use the federal funds to carry out a program of the organization as compared to providing goods or services for a program of the pass-through entity. Whereas, a vendor typically provides the goods and services within normal business operations; provides similar goods or services to many different purchasers; operates in a competitive environment; provides goods or services that are ancillary to the operation of the federal program; and is not subject to compliance requirements of the federal program.
 
In determining whether a subrecipient or vendor relationship exists, the substance of the relationship is more important than the form of the agreement. Therefore, if the solar installer has the characteristics of a subawardee, subrecipient, or subcontractor as described above, a separate budget justification (EERE 159) is required. On the other hand, if the solar installer seems to meet the characteristics of a vendor, then their costs should be included on the Applicants Budget Justification (EERE 159) and an estimate provided for the solar installer costs. If the basis of estimate for those costs is a quote, then a copy of that quote should be included as part of the application. Be aware, however, that if an Application is selected for negotiation of award, that EERE reserves the right to request any information necessary to justify costs.
 
Resumes are only required for “key personnel”, meaning those individuals who “have significant roles in planning and implementing the proposed Project on the part of the Applicant and Participants” (see definition of “Key Personnel” under Appendix A of the FOA). Also, per Section IV.C.15 of the FOA (page 33), a “key person is any individual who contributes in a substantive, measurable way to the execution of the project.”
Question 82: The link in the FOA to the List of Assurances and Certifications below doesn’t seem to be working. The list of certifications and assurances in Field 21 can be found at http://energy.gov/management/officemanagement/operational‐management/financial‐assistance/financial‐assistance‐forms. Where can we find the complete list?
Answer 82:
Please note that the Certifications and Assurances are not required to be submitted along with the SF424 Application as the signature on the form implies the Certifications and Assurances are accounted for. However, our apologies as there have been some website changes since the Funding Opportunity Announcement (FOA) was posted. For your reference, the correct link for the certifications and assurances in Field 21 of the Financial Assistance Application (SF-424) cited on page 23 of the FOA is http://energy.gov/management/downloads/assurances-non-construction-programs. Under the above link, see the file entitled, “Assurances - Non-Construction Programs” for specifics on “Certifications Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and Drug Free Workplace Requirements”.
Question 83: I am writing with a question regarding the Deployment of Clean Energy and Energy Efficiency Projects on Indian Lands FOA. I am working with a tribe in the process of completing their application and we are currently working through the budget. The tribe does not have a negotiated fringe rate and do not plan on including a fringe rate in their request. However, I wondered if there is anything prohibiting them from building their fringe expenses into the matching funds they would be receiving from the tribal government despite not having a negotiated/proposed fringe rate? I have read the FOA thoroughly and did not see any clear indication one way or the other. Any insight you could provide would be hugely appreciated and please let me know if I can provide any further clarification on this question.
Answer 83:
Please realize that all forms and the proposed budget must include all costs associated with the project, both DOE funding and those proposed as cost share, and that regardless of the source of the funds (DOE or cost share), all costs are subject to the same level of review and the same requirements. Therefore, if fringe costs are project costs and will be incurred either as cost share or proposed for reimbursement by DOE, then they should be included in the proposed budget, regardless of whether a fringe rate has been approved by a Federal agency. With the appropriate supporting documentation, DOE can consider accepting those fringe costs for a particular project, even if a rate agreement with another Federal agency is not in place.
Question 84: Related to Question 30 regarding the required Tribal Council resolution. Tribal Council is not a defined term in Appendix A. Is the Board of Directors of a Native Corporation pursuant to the Alaska Native Claims Settlement Act considered a Tribal Council?
Answer 84:
The requirement of a Tribal Council Resolution would only apply to Indian Tribes who have Tribal Councils. For an Alaska Native Regional Corporation or village corporation, a declaration or letter from the Board of Directors would meet that same requirement. Be aware, however, that the declaration or letter would need to also be specific to this Funding Opportunity Announcement (FOA) and contain the items prescribed under Section IV.C.12 of the FOA, Statement of Commitment and Cost Sharing.
Question 85: We are considering proposing a project for installation of solar on Tribal buildings. We would be requesting 50% of the funds from this grant and 50% would be tribal funds. Our utility district still has rebates available for the installation of solar projects (up to 50% of project cost). Once the project is installed, the tribe could then get up to 50% of the cost back (effectively making our cost share $0). The tribe would be putting the money upfront, as the utility district’s program is a rebate program, so technically, the cost of the project would be paid by Tribal funds (non-Federal). Is this allowable?
Answer 85:
As long as the source of cost share, even if in the form of rebates, is non-Federal and the cost share meets the minimum percentage of project costs, DOE would not object to the Tribe receiving rebate funds to offset their previous investment in the project. Be aware, however, that the Tribe would be responsible for meeting that cost share regardless of whether rebate funds were later obtained.
Question 86: I am trying to figure out whether our projects fit under 1a or 1b. We are submitting two applications. A. One application is to install a solar system for 5 of the Tribe’s buildings. B. The other application is to replace the HVAC system in several buildings plus upgrade windows, doors, insulation, appliances, etc. Some of the buildings in this project do not need an HVAC system replacement they just need the upgrades such as windows, etc. Is A above a 1a project? Is B above a 1a or 1b project?
Answer 86:
DOE will not advise applicants on the Topic Area under which to submit an application. Per page 19, the “decision whether to submit an Application in response to this FOA lies solely with the Applicant.” However, below is information which may aid you in making that decision.
 
If not combined with energy efficiency measures, renewable energy systems such as a solar system, are only eligible under Topic Area 1.a. (Clean Energy Systems) and Topic Area 2 (Community-Scale Clean Energy Deployment). Under Topic Area 1.a. (Clean Energy Systems), the system must be facility-scale, must displace an existing energy source by at least 15% and must be a minimum of 10 kW rated capacity (or Btu equivalent of 34,121 Btu/hr for heating and cooling). In bold on pages 2 and 3 of the funding Opportunity Announcement (FOA) it states, “NOTE: Projects proposing energy efficiency measures will be deemed non-responsive to Topic Area 1.a. and, if submitted under Topic Area 1.a., will not be reviewed or considered. If any energy efficiency measures are being proposed in addition to the clean energy system(s), the project must be proposed under Topic Area 1.b. and must meet those requirements.” Under Topic Area 2 (Community-Scale Clean Energy Deployment), the system must be community-scale and must be a minimum of 50 kW rated capacity (or for heating or cooling the Btu equivalent of 170,607 Btu/hr). If the renewable energy system is to be implemented in conjunction Energy Efficiency Measures (EEM), then it would only be eligible under Topic Area 1.b.
 
To be eligible for Topic Area 1.b, deep energy retrofit(s) must be based on a prior energy audit and must demonstrate the potential of at least a 20% reduction in the total of all energy and fuel used (total of all energy and fuel sources combined, including but not limited to, electricity, propane, heating oil, diesel oil, natural gas, or any other energy or fuel used) in the building and improve comfort, durability, health, and air quality of a home or building. If any renewable energy systems are being proposed in addition to the energy efficiency measures, the renewable energy system must also be a minimum of 10 kW rated capacity.
Question 87: I want to make sure that Tribal Corporations are eligible to apply for this grant funding DE-FOA-0001021. The version of the app that I have says no. Then someone showed me notes from the webinar and it says yes. Please confirm.
Answer 87:
Per Section III.A (page 11), “eligibility for award under this Funding Opportunity Announcement is restricted to: (1) an Indian Tribe; (2) Tribal Energy Resource Development Organization; or (3) Tribal Consortium; and on whose (4) Indian Lands the project(s) will be located.” Beware, however, that for purposes of this Funding Opportunity Announcement (FOA), Indian Tribe means any “Indian Tribe, Band, Nation or other organized group or community (see below for further definition), including any Alaska Native village, regional corporation, or village corporation as defined in and established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. §§ 1601 et seq.], which are recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” Therefore, if the “Tribal Corporation” is an Alaska Native regional corporation or a village corporation as defined in and established pursuant to the Alaska Native Claims Settlement Act (ANSCA), then that “Tribal Corporation” is directly eligible to apply to this FOA. If, however, the “Tribal Corporation” is not an Alaska Native regional corporation or a village corporation, then it is not directly eligible, but may be able to submit an application on behalf of an eligible entity.
 
If, for instance, the “Tribal Corporation” is a legally established organization of an Indian Tribe, which is controlled, sanctioned, or chartered by the recognized governing body of that Indian Tribe, then it may be able to apply on behalf of the Indian Tribe as a “Tribal Organization.” For purposes of this FOA, a “Tribal Organization” may include, but is not limited to, a subsidiary, subdivision, or instrumentality of an Indian Tribe, established under Congressional, State or Tribal law to act on behalf of an Indian Tribe. Applications may be submitted by an authorized “Tribal Organization”, provided evidence of the authority to submit an Application, relative to the proposed project, is supplied as part of the Application. Evidence may include, but is not limited to, a constitution, resolution, ordinance, executive order, charter or other legal documentation. EERE will determine the sufficiency of the authorization based on the evidence submitted as part of the Application.
 
If, however, the “Tribal Corporation” is “any organization comprised of two or more Indian Tribes, established under Congressional, State, or Tribal law to act on behalf of the participating Indian Tribes”, then for purposes of this FOA, it may be defined as an “Inter-Tribal Organization” and able to apply on behalf of an eligible entity. “Inter-Tribal Organizations” may include, but are not limited to, inter-tribal councils, regional tribal organizations or associations, and tribal federations. Applications may be submitted by an authorized “Inter-Tribal Organization”, provided evidence of the authority to submit an Application, relative to the proposed project, is supplied as part of the Application. Evidence may include, but is not limited to, a resolution, ordinance, executive order, charter, P.L. 93-638 contract, self-governance compact, or other legal documentation. EERE will determine the sufficiency of the authorization based on the evidence submitted as part of the Application.
 
Please also see the definitions of “Tribal Energy Resource Development Organization” and “Tribal Consortium” under Section III.A (pages 11-12) to see if those definitions might apply to the “Tribal Corporation” in question.
Question 88: I am uncertain if our project will qualify for this grant, and hope you can clarify based on the following description. Our project will install 2 off-grid 15 kW photovoltaic systems at 2 ranches on land owned by the Tribe. Sometime in the past there was a diesel generator on the premises that powered some of the buildings, though the generator has since been removed, leaving the ranch currently with no electricity. We are installing a PV system to provide electricity for the buildings that previously had electricity (replacing the generator), and to provide electricity to new buildings as well. While reading through the FOA for this grant, I am uncertain if this project will qualify for the following reason. Can you please confirm if the diesel generator, which was previously installed but has since been removed, leaving the ranch with no electricity at this time, can qualify as an "existing energy source"?
Answer 88:
Since, as described, this proposed project clearly does not meet the requirements for Topic Area 2 of this Funding Opportunity Announcement (FOA), "Community-scale Clean Energy Deployment”, we therefore, assume you are asking with respect to Topic Area 1, “Tribal Building Clean Energy and Energy Efficiency Retrofits”. If so, relative to the “new buildings” indicated in your project description, page 6 of the FOA states that for “Tribally-owned or controlled buildings being constructed or to be constructed during the project period, the requirement for a 15% displacement in an existing energy source (or multiple energy sources if a combined heat and power system is proposed) must be based on the projected annual energy use and those projections must be provided as part of the Application (see Section IV.C.7).” Per page 5, the system or systems proposed under Topic Area 1 must also be a minimum of 10kW rated capacity (or Btu equivalent). Further, if the existing buildings are currently not in use and un-electrified, the amount of energy being displaced in those buildings may also be based on projections, as long as all pertinent information relative to those projections is provided as part of the application.
Be aware, however, that per Section III.F of the FOA and having only limited information, EERE will not make an eligibility determination and that the decision whether to submit an Application in response to this FOA lies solely with the Applicant.
Question 89: Under FOA 1021 Part C Content and Form of the application, Section 12 Statement of Commitment and Cost Sharing File (Required), of the second paragraph on page 32 is long and hard to understand. Is it basically saying if an application is being submitted on behalf of Tribe by a Tribal Organization, then a declaration or resolution by Tribal Organization (and not the Tribe) that documents that the Tribal Organization is authorized to act on behalf of the Tribe…must be provided? Whose resolution is to be provided; the Tribe’s resolution or the Tribal Organization’s resolution?
Answer 89:
Thank you for your input. We will try to clarify the requirement. If an application is being submitted by an eligible applicant, then that entity must submit documentation: (1) authorizing submittal of an application; (2) committing to the project; (3) provide a statement of the level and type of cost sharing commitments; and (4) address items #1 through 4 on the bottom of page 32 of the Funding Opportunity Announcement (FOA). Eligible applicants include: (1) an Indian Tribe; (2) Tribal Energy Resource Development Organization; or (3) Tribal Consortium; and on whose (4) Indian Lands the project(s) will be located. Note that Indian Tribe includes Alaska Native regional corporations and village corporations.
 
The nature of that documentation would take different forms depending on the eligible entity submitting the grant application. In the case of an Indian Tribe, that documentation would typically be a resolution by the Tribal Council (governing body of the Tribe) or “Tribal Council Resolution” which is a formal document with a specific format that a Tribe uses for passing Resolutions or decisions. If, however, the eligible applicant is not an Indian Tribe, then some similar documentation must be provided, such as a declaration or letter, approved by the governing body of that entity (e.g., Tribal Energy Resource Development Organization). In the case of an Alaska Native village corporation or Alaska Native Regional Corporation that governing body may be a board. In addition to the commitments by the applicant, letters of commitment and cost sharing are required from all other project participants. Be aware that in the case of a Tribal Consortium as defined for this FOA on page 12 as a group of organizations, at least one of which is an Indian Tribe, that have chosen to submit a single application, that the application must be submitted by a single Indian Tribe representing the consortium.
 
Additionally, we have allowed “Tribal Organizations” and “Inter-Tribal Organizations” (see Section III.A. of Appendix A of the FOA for definitions) to apply on behalf of eligible entities (see above for list of eligible entities), provided evidence of that authority is included as part of the application. Evidence of the authority to submit an application on behalf on an eligible entity may include, depending on the type of organization, a constitution, resolution, ordinance, executive order, charter, P.L. 93-638 contract, self-governance compact, or other legal documentation. In this case, the “Tribal Organization” or “Inter-Tribal Organization”, besides the evidence of the authority to submit, would also need to provide documentation demonstrating their commitment and level and type of cost sharing. Depending on the nature of the “Tribal Organizations” and “Inter-Tribal Organizations”, that documentation could also take a number of different forms, such as a resolution, declaration, or letter by the governing body of the organization.
Question 90: I am writing to describe a unique opportunity that a Tribal Consortium is applying for under this Funding opportunity Announcement (FOA). The Tribal Consortium has teamed up with a non-profit foundation to deploy PV systems to reduce power usage from the local utilities. As a 30 year old institution, the Tribal Consortium has been an organization that fosters collaboration between the tribes on many natural resource based issues. It was ratified by resolution from each member Tribe. My question is this: will we need a separate resolution from each member tribe or can we deliver a resolution or letter from the Tribal Consortium explaining the support of the organization and thereby the support of the five member tribes of the consortium?
Answer 90:
As defined on page 12 of the Funding Opportunity Announcement (FOA), Tribal Consortium” for purposes of this announcement, means a group of organizations, at least one of which is an Indian Tribe as defined in the FOA, that have chosen to submit a single Application. Under this announcement, a Tribal Consortium is eligible to submit an Application provided the Application is submitted by a single Indian Tribe representing the consortium. 
 
Also, per the FOA, ““Inter-Tribal Organization,” for purposes of this announcement, means any organization comprised of two or more Indian Tribes, established under Congressional, State, or Tribal law to act on behalf of the participating Indian Tribes. “Inter-Tribal Organizations” may include, but are not limited to, inter-tribal councils, regional tribal organizations or associations, and tribal federations.” 
 
If the description above for a “Inter-Tribal Organization” characterizes the Tribal Consortium, then the Tribal Consortium may submit an application on behalf of each member Indian Tribe, provided evidence of that authority is supplied as part of the Application. Evidence may include, but is not limited to, a resolution, ordinance, executive order, charter, P.L. 93-638 contract, or other legal documentation. EERE will determine the sufficiency of the authorization based on the evidence submitted as part of the Application. Without evaluating the Tribal Consortium’s ratification resolutions by each member tribe, we cannot tell you whether that documentation will satisfy the requirements of the FOA.
 
Per Section III.F of the FOA, EERE will not make an eligibility determination and the decision whether to submit an Application in response to this FOA lies solely with the Applicant. Additionally, EERE will not make a determination on the sufficiency of information prior to receipt and review of Applications. However, if the ratified resolutions by member Tribes or the organizations charter or other legal documentation does not specifically allow the Tribal Consortium to submit Applications on behalf of the member Tribes and specifically for the type of project to be proposed, then a separate Tribal Council Resolution from each member Tribe specific to this FOA may be necessary. Regardless of that evidence of authority, a resolution, declaration, or letter from the Tribal Consortium must be submitted and must be specific to this FOA and must include cost sharing commitments (see the bottom of page 3 and page 32 of the FOA).
Question 91: The Tribe has just completed a trial period for a hydro-kinetic in-stream turbine made possible by various funding sources. The successful deployment in the nearby river and the results showing a peak 15 kW output into the Tribes electric grid has prompted the next step of securing funds to construct a 25 kW capacity turbine that will be deployed in the nearby river situated on tribal lands. Upon reading this description, would this project qualify under this grant as a “Commercially Proven Technology”? The turbine was developed by a company out of Maine. They have developed the first turbine capable and proven to generate power via tidal energy.
Answer 91:
To be considered “commercial” for purposes of this Funding Opportunity Announcement (FOA), the technology must be at least a Technology Readiness Level (TRL) of 9, where TRL 9 is “Commercial-Scale Production / Application” and represents an in-service application of the technology in its final form and under mission condition. At TRL 9, the actual, commercial-scale system is proven through successful mission operations, whereby it is fielded and being used in commercial application. Information relative to the technology and its TRL should be provided as part of the application.
 
Therefore, if the technology being proposed can be shown to be at a TRL 9, then it would be considered commercially proven technology. Please also be aware that the technology must also be warrantied and to the maximum extent practicable made in the United States. Per Section III.F of the FOA, however, EERE will not make an eligibility determination and that, the decision whether to submit an Application in response to this FOA lies solely with the Applicant.
Question 92: Our situation is similar to question 15 about timing. We are a federally recognized tribe and are currently constructing a new building. Construction completion is expected in March 2015 and occupancy is expected in April 2015. Installed building systems are expected to reduce energy use by 32 percent from baseline design and would apply for the 1b Deep Energy Retrofit topic. Given the expected EERE selection is early January 2015 and awards would be finalized in late April 2015, when does an applicant contact the DOE contracting officer to get an environmental determination for pre-award costs? Would we use the expected occupancy date for the beginning of the project period?
Answer 92:
Applicants can request pre-award costs after being notified of selection for negotiation towards awards, estimated to be January 9, 2015. At the same time, applicants will be asked to complete an environmental questionnaire, along with any other clarifying or supplemental data, which will be used by DOE to make an environmental determination. Also, see Question #10, #51 and #61 of the Frequently Asked Questions (FAQs) regarding pre-award costs and DOE’s environmental determination. Specifically, see the FAQs webpage related to this Funding Opportunity Announcement (FOA) at https://eere-exchange.energy.gov/FAQ.aspx?FoaId=8dcb7322-075e-4587-b17d-23c471ffabe4.
The start date of a grant’s period of performance can be negotiated; however, for planning purposes awards are expected to be made by April 30, 2015. A pre-award cost clause if granted, can address any period of time preceding the grant start date, however all pre-award costs must be incurred on or after the date of award selections. That date will be provided within the Selection Notification Letter, to those selected for award negotiations. Be aware; however, that any activities initiated prior to receiving an environmental determination by DOE or receiving pre-award cost approval by DOE, will be at risk of not receiving DOE funding, not being reimbursed by DOE for costs associated with those activities, or those costs ineligible for use as cost share. Specifically, see Section IV.G.2.i (page 37) of the FOA as included below.
“EERE’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 EERE completing the NEPA review process.
EERE does not guarantee or assume any obligation to reimburse costs where the Prime Recipient incurred the costs prior to receiving written authorization from the Contracting Officer. If the Applicant elects to undertake activities that may have an adverse effect on the environment or limit the choice of reasonable alternatives prior to receiving such written authorization from the Contracting Officer, the Applicant is doing so at risk of not receiving Federal funding and such costs may not be recognized as allowable cost share. Likewise, if a project is selected for negotiation of award, and the Prime Recipient elects to undertake activities that are not authorized for Federal funding by the Contracting Officer in advance of EERE completing a NEPA review, the Prime Recipient is doing so at risk of not receiving Federal Funding and such costs may not be recognized as allowable cost share. Nothing contained in the pre-award cost reimbursement regulations or any pre-award costs approval letter from the Contracting Officer override these NEPA requirements to obtain the written authorization from the Contracting Officer prior to taking any action that may have an adverse effect on the environment or limit the choice of reasonable alternatives”.
Question 93: Our question for the DE-FOA-0001021 Funding Opportunity is to see if our proposed project qualifies for Topic Area 2. We plan to install 30 net-metered grid-tied solar electric systems on the homes of low-income tribal members on the reservation for a total rated capacity of at least 90 kW. The 30 homes represent 6% of the homes without solar systems on the reservation. We believe that this proposed project meets the minimum rated capacity required, serves a substantial number of the total homes that do not already have a solar system within the reservation (given that the total amount of homes is 492), meets the intent of the criteria that the power is generated and used on Indian land, and thus is eligible under Topic 2. Is this correct? If not, what would be a percentage to use as a base for the substantial number of total homes? 10%? 20%? In addition, while we have identified home locations for the solar systems, can we make substitutions during the grant performance period as long as we meet the total rated capacity and total % of unsolarized homes proposed?
Answer 93:
As was published in the Funding Opportunity Announcement (FOA) and stated in various Frequently Asked Questions (FAQs) regarding this FOA, “EERE will not advise potential applicants on whether a specific project meets the requirements of the FOA. The decision on whether to submit an Application in response to this FOA lies solely with the Applicant (refer to Section III.F).”
 
Regarding your first question, please see the response to Question #61 under the Frequently Asked Questions (FAQs) in EERE Exchange which states relative to Topic Area 2 (Community-Scale Clean Energy Deployment), “EERE cannot specify a definitive number of buildings that constitute “many” as that number will vary depending on the size and building composition within a particular tribal community. However, a “community-scale” project must serve a substantial number of the total buildings within a community and/or provides a substantial percentage of the total community energy load.“
 
Although, EERE cannot specify a definitive number, 6% of the homes, and likely an even smaller percentage of the number of total buildings, would not constitute a “substantial number of the tribal buildings within a community”. Be aware that the requirement is relative to the total number of tribal buildings, not just homes.
 
Please note that since the total amount of generation proposed exceeds 10 kW and the systems being proposed are on a facility-scale, the project may be eligible under Topic Area 1.a. (Clean Energy Systems). Please see the requirements for that Topic Area on pages 4-6 of the FOA.
 
Regarding substitutions, if an award is made, EERE is willing to consider changes to a project during the grant performance period, possibly including changes in the buildings being affected, provided the proposed changes still meet the minimum requirements of the FOA and are consistent with what was originally proposed and selected for award.
Question 94: I am working with a tribe and with a regional tribal organization who are putting together applications for this grant. I wanted to be certain that they are eligible. The only part I have a question about is 4(d) below where there is the word "and" tacked on to the end. Both applicants have land that is held in fee simple. They meet all other eligibility criteria. Are they eligible? 4) “Indian Lands” or “Indian Country” for purposes of this Announcement, is defined as: (a) any land located within the boundaries of an “Indian reservation” (see definition below), pueblo, or rancheria; (b) any land not located within boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held – (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community; (c) land that is owned by an Indian Tribe 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; (d) lands held in fee simple (purchased or owned); and (e) lands under a long‐term Federal land lease (at least 20 years). (f) land that was conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. § 1601 et seq.) and 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.
Answer 94:
Per Section III.F of the Funding Opportunity Announcement (FOA), EERE will not make eligibility determinations for potential Applicants prior to the date on which Applications to this FOA must be submitted. The decision whether to submit an Application in response to this FOA lies solely with the Applicant.
 
However, we can confirm that there is a grammatical error in the definition of “Indian Lands” and that the word “and” at the end of 4.d. is in error and should be deleted. Further, the period at the end of 4.e. should be changed to “; and”. Please also see Section IV.C.12, Statement of Commitment and Cost Sharing (page 32) for required content of a Tribal council Resolution(s), declarations (or resolutions) and letters of commitment. Specifically that “[i]f the owner or lease holder is not the eligible entity, a commitment in writing from the building and/or land owner or lease holder authorizing the Applicant’s use of those building(s) and/or land for the proposed project must be provided.”
 
Be aware, also, that only (1) an Indian Tribe; (2) Tribal Energy Resource Development Organization; or (3) Tribal Consortium as defined in Section III.A of the FOA, are eligible applicants. And that a only a “Tribal Organization” or “Inter-tribal Organization” as defined in the FOA, may apply on behalf of one of those eligible applicants, and then only if given the authority to apply on behalf of the eligible entity and provided that evidence of that authority is provided as part of the application.
Question 95: Is this award to be structured in budget periods or phases?
Answer 95:
The projects selected for award will be structures as one single budget period. EERE does not intend to structure these projects in phases.
Question 96: A few questions on the subject line FOA due Oct. 2, after reading over Mod 0003 on EERE Exchange: 1) Under Topic Area 1.b., if we're retrofitting a building to get >20% total building energy savings, and we wanted to add a renewable energy system of >10kW, does that system need to be connected with the building, or can we deploy it elsewhere? We have better wind potential and siting elsewhere and would like to install a turbine. If it is OK to deploy elsewhere, let me know any stipulations. 2) Under 1.b., it says that "If any renewable energy systems are being proposed in addition to the energy efficiency measures, the renewable energy system must also be a minimum of 10 kW rated capacity (or Btu equivalent of 34,121 Btu/hr for heating and cooling), and use commercially proven technology (in addition to meeting the 20% reduction in the total of all energy used in the building or buildings)". We assume the "must displace……at least 15%" from 1.a. doesn't apply, so if it does, let us know. 3) Is just one energy-efficiency measure that gets us 20% savings still eligible as a "deep energy retrofit"? 4) If we have one energy-efficiency measure (EEM) that gets us 20% savings, with audit documentation, is it then OK to add another EEM even if we don't have audit documentation for that piece of the work?
Answer 96:
Please find responses to each of your questions below.
 
1) As with any clean energy systems proposed under Topic Area 1.a., any clean energy systems proposed under Topic Area 1.b. in addition to the requisite energy efficiency measures, may “either be physically attached to the Tribally-owned or controlled building(s) or ground-mounted, but must be sited on Indian lands.”
 
2) The requirements applicable to Topic Area 1.a. do not apply to Topic Area 1.b. Under Topic Area 1.b., (1) any energy efficiency measures or the combination of energy efficiency measures and renewable energy systems must reduce the total of all energy and fuel used by at least 20% in the building and improve comfort, durability, health, and air quality of a home or building, where the total of all energy and fuel sources combined, including but not limited to, electricity, propane, heating oil, diesel oil, natural gas, or any other energy or fuel used; and (2) if a renewable energy system is also being proposed, that system must be a minimum of 10kW rated capacity.
 
3) A single energy-efficiency measure that gets 20% savings would not meet the definition of “deep energy retrofit” as defined in the Funding Opportunity Announcement (FOA). As defined, a ““deep energy retrofit” for purposes of this Topic Area 1.b. is a whole-building approach involving a comprehensive renovation or remodeling strategy which combines energy efficiency measures (EEM), so that significant energy savings are achieved, and the comfort, durability, health, and indoor air quality of the building or buildings is improved.” Therefore, approaches being proposed under Topic Area 1.b. need to be: (1) whole-building approaches; (2) involve a comprehensive renovation or remodeling strategy; and (3) combine energy efficiency measures (EEM). To meet the above requirement, multiple energy efficiency measures must by proposed and combined to meet the energy savings requirement.
 
4) Per page 7 of the FOA, “[d]eep energy retrofit(s) must be based on a prior energy audit and must demonstrate the potential of at least a 20% reduction in the total of all energy and fuel used (total of all energy and fuel sources combined, including but not limited to, electricity, propane, heating oil, diesel oil, natural gas, or any other energy or fuel used) in the building and improve comfort, durability, health, and air quality of a home or building.” As such, any and all proposed retrofits (or energy efficient measures) must have supporting energy audit documentation. Therefore, it is not sufficient to add a second EEM if it doesn’t have audit documentation.
Question 97: I work for a Tribal Enterprise located on an Indian Reservation. We are looking at this funding opportunity as a way to offset our power consumption at the Water Treatment building. From our early analysis we are wondering if a pump upgrade would be eligible for funding, a solar array alone would offset 15% of the energy usage and we hope a new pump would provide the other 5%. Is a combination approach fundable?
Answer 97:
Per Section III.F of the Funding Opportunity Announcement (FOA), EERE will not make eligibility determinations for potential Applicants prior to the date on which Applications to this FOA must be submitted. The decision whether to submit an Application in response to this FOA lies solely with the Applicant.
 
In making your decision, please review the requirements of each Topic Area to ensure the project being proposed meets those requirements.
 
If you are considering applying under Topic Area 1.a. (Clean Energy Systems), however, a clean energy system such as a solar array alone would only need to displace 15% of the electricity and be a minimum of 10 kW rated capacity. Even though we have limited information and will not make an eligibility determination, a “pump upgrade” may not qualify as a clean energy system, and if not, would not be eligible under Topic Area 1.a. Please also be aware that per the note beginning at the bottom of page 5, energy efficiency measures will not be considered under Topic Area 1.a. and that if any energy efficiency measures are being proposed in addition to the clean energy system(s), the project must be proposed under Topic Area 1.b. and must meet those requirements.  
 
If on the other hand, you are considering applying under Topic Area 1.b. (“Deep Energy Retrofit” Energy Efficiency Measures), please review the definition of “Energy Efficiency Measures” on page 7 to ensure “a pump upgrade” meets that definition. As defined, a ““deep energy retrofit” for purposes of this Topic Area 1.b. is a whole-building approach involving a comprehensive renovation or remodeling strategy which combines energy efficiency measures (EEM), so that significant energy savings are achieved, and the comfort, durability, health, and indoor air quality of the building or buildings is improved.” Therefore, approaches being proposed under Topic Area 1.b. need to be: (1) whole-building approaches; (2) involve a comprehensive renovation or remodeling strategy; and (3) combine energy efficiency measures (EEM). To meet the above requirement, multiple energy efficiency measures must be proposed and combined to meet the energy savings requirement. Also, any combination of energy efficiency measures proposed must be based on a prior energy audit.
Question 98: The tribe was given more than 100 housing units which are highly inefficient and costly for tribal members to live in. The improvements to the units are included in our application due the 2nd. Can the donation of the housing units be considered part of the 50/50 matching requirement?
Answer 98:
Page 33 of the Funding Opportunity Announcement (FOA), states that “"Cost Sharing" is not limited to cash investment. In-kind contributions (e.g., contribution of time, services, or property; donated equipment, buildings, or land; donated supplies; or unrecovered indirect costs) incurred as part of the project may be considered as all or part of the cost share. Note that only cost share contributions made during the period of the project can be considered; therefore, only the “lease value” of buildings and land for the period of the proposed project can be considered, not the total value of those assets.”
 
Therefore, in order for DOE to consider the “lease value” of a facility or building to be donated as part of the project, the basis of how that “lease value” was estimated must be provided as part of the Budget Justification. Also, be aware that regardless of whether funded by DOE or contributed as cost share, all of the projects costs must be allowable, allocable, and reasonable; see Section III.B.3 Cost Share Types and Allowability.
Question 99: I am filling out the information on the https://eere-exchange.energy.gov web site. It asks what type of organization; however Tribe is not listed under “organization type.” Please advise what should be used.
Answer 99:
Please use “State and/or Local Government” as the organization type.
Question 100: We are applying for FOA 0001021. On the budget it is requiring a sample rate proposal if we have not had one with the Federal government. My question is we are currently in an EERE grant. Can I use the rate on that grant for this proposal budget since our rates have not changed?
Answer 100:
If an indirect rate or fringe rate has been approved by a Federal Agency, then that rate should be used for developing a proposed budget and a copy of the approved Indirect Rate Agreement should be included with the application as “Budget Support” (see Section IV.C.18). If a rate proposal (indirect and/or fringe rate proposal) has been submitted to a Federal agency, even if not approved, then those proposed rates should be used for budgetary purposes and a copy of the rate proposal submitted with the application. If the applicant does not have an approved Indirect Rate Agreement or rate proposal pending approval, and intends to include indirect costs or fringe benefits in the project budget either funded by DOE or as cost share, then an indirect rate proposal is needed and should be included as part of the application. See https://www.eere-pmc.energy.gov/forms.aspx and select form PMC 400.2, Sample Rate Proposal.
If indirect costs or fringe benefits are being proposed as part of the project and you currently have an EERE grant that uses those rates which have not changed, please: (1) use those same rates in preparing the proposed budget; and (2) provide an explanation of those costs on the Budget Justification (form EERE 159) including a reference to the current grant number. You may also include any supporting documentation as an attachment (See Section IV.C.18, “Budget Support”).
Question 101: I am trying to register and submit an application but I am having problems with the EERE exchange at https://eere-Exchange.energy.gov so what do you suggest?
Answer 101:

Per the footer on every page of the Funding opportunity Announcement (FOA), “Problems with EERE Exchange? Email EERE-ExchangeSupport@hq.doe.gov.”  Additionally, you may wish to review the user guide for registering in EERE eXCHANGE at https://eere-exchange.energy.gov/Manuals.aspx.

Additionally, per page 20 of the FOA, “Applicants that experience issues with submission PRIOR to the FOA deadline: In the event that an Applicant experiences technical difficulties with a submission, the Application should contact the Exchange helpdesk for assistance (EERE-ExchangeSupport@hq.doe.gov). The Exchange helpdesk and/or the EERE Exchange system administrators will assist Applicants in resolving issues.

Applicants that experience issue with submissions that result in late submissions: In the event that an Applicant experiences technical difficulties so severe that they are unable to submit their application by the deadline, the Applicant should contact the Exchange helpdesk for assistance (EERE-ExchangeSupport@hq.doe.gov). The Exchange helpdesk and/or the EERE Exchange system administrators (EERE-ExchangeSupport@hq.doe.gov) will assist the Applicant in resolving all issues (including finalizing submission on behalf of and with the Applicant’s concurrence). PLEASE NOTE, however, that Applicants who are unable to timely submit their application due to their waiting until the last minute when network traffic is at its heaviest to submit their materials will not be able to use this process.

Question 102: The Tribe plans to submit an application to install both deep energy retrofits (1.b.) and renewable energy systems (1.a.) on multiple, identical housing units on the reservation. Each work plan is identical and includes a solar array and energy retrofits to each housing unit. Are we required to submit two applications - one under topic 1.a. and one 1.b.?
Answer 102:

Per Section III.F of the Funding Opportunity Announcement (FOA), EERE will not advise you on whether to submit one application or two; the decision whether to submit an Application in response to this FOA lies solely with the Applicant.

However, in accordance with Section III.E (Page 18) of the Funding Opportunity Announcement (FOA), “Applicants may submit more than one Application to this FOA or under a single Topic Area, provided that each Application is for a unique and distinct project. Each Application must have a distinct title and be readily distinguishable.”

Therefore, you may choose to submit one application for the clean energy systems (solar arrays) under Topic Area 1.a and one separate and distinct application for the energy efficiency measures under topic Area 1.b.  Or you could decide to submit one single application for both the clean energy systems (solar arrays) and the energy efficiency measures under Topic Area 1.b. Note, that the requirements vary by Topic Area and if multiple applications were submitted, each would need to meet the specific requirements of the particular Topic Area.

Please also be aware that per Section I.B. of the FOA (page 5), “[p]rojects proposing energy efficiency measures will be deemed non-responsive to Topic Area 1.a. and, if submitted under Topic Area 1.a., will not be reviewed or considered. If any energy efficiency measures are being proposed in addition to the clean energy system(s), the project must be proposed under Topic Area 1.b. and must meet those requirements.”  

Question 103: On question #96, for 3), I should clarify, as "whole-building approach" is not a clearly-defined term. Supplemental question: If the project is a comprehensive lighting retrofit, with 20-50 different lighting measures (replace incandescent with fluorescent, LED, etc.) within a building, does that qualify?
Answer 103:

Per the response to question #96, “approaches being proposed under Topic Area 1.b. need to be: (1) whole-building approaches; (2) involve a comprehensive renovation or remodeling strategy; and (3) combine energy efficiency measures (EEM). To meet the above requirement, multiple energy efficiency measures must be proposed and combined to meet the energy savings requirement.”  As a result, a single energy efficiency measure such as lighting retrofits, would not constitute “multiple” energy efficiency measures, regardless of the number of lights replaced or even if those lighting retrofits could, without other measures meet the 20% reduction in all energy and fuel used and therefore, would not be eligible unless combined with another or other energy efficiency measures. 

Question 104: We, the Native Village will be applying for funding under the DE-FOA-0001021 "Clean Energy System" Community Scale category for a 1.5 MW run-of the river hydroelectric project that we have been conducting pre-development work on for the last four years. Project construction has not begun. We are confused about definition of "incremental hydro" ? Is our hydro project eligible given that no phase of the project has yet been constructed? Thank you.
Answer 104:

Although EERE will not make an eligibility determination and the decision on whether to submit resides solely with the Applicant, a community-scale 1.5 MW run-of-the-river hydroelectric system, would be considered a renewable energy system for purposes of this Funding Opportunity Announcement (FOA).  Be aware, however, that maximum amount of DOE funds per award under Topic Area 1 is $500k and under Topic Area 2 is $1,000,000.

Incremental hydropower as included in the definition of renewable energy under this FOA pertains to incremental production gains from efficiency improvements or capacity additions to existing hydroelectric facilities.  For the three main types of hydropower facilities (impoundment, diversion, and pumped storage) and the three main sizes (large, small, and micro), see the Tribal Energy Program’s on-line Guide to Tribal Clean Energy Development http://www1.eere.energy.gov/water/hydro_plant_types.html

Question 105: In the budget for my grant application, should I request half the amount of the project cost since the applicant is supposed to match what we ask for by 100%? My project will cost $525,000 to complete, so I should “request” $262,000 and match $262,000. Correct? Also, I saw an answer on the Q&A page that referred to “There is not a maximum imposed on the total project costs; however, any costs in excess of $500,000 must be cost shared.” So, I’m wondering if we ask for $500,000, we don’t need to cost share?
Answer 105:

Regardless of the amount of the total proposed project costs, all projects must include cost share. Unless a cost share reduction is requested and approved (see Section III.B.7.), cost share must be 50% of the total project costs.  Therefore, assuming a reduction is not requested and the total project costs are $525,000, then the cost share would be $262,500 (50% of $525,000) and the requested DOE funds $262,500 (50% of $525,000).  If, however, a cost share reduction to 10% is requested (no less than 10% will be considered) and approved by EERE, then the costs share would be $52,500 (10% of $525,000) and the requested DOE share $472,500 (90% of $525,000).  Please see Section III.B.7 (Cost Share Reduction Request) for the instructions on submitting a request and the factors EERE will use in deciding whether to grant a request for reduced cost share, or not.

Per Section II (page 10) of the Funding Opportunity Announcement (FOA), the maximum amount of DOE funding for an individual award under Topic Area 1 is $500,000 and under Topic Area 2 is $1 million, and any costs in excess of those maximum amounts would then need to be cost shared.  So, if you are requesting $500,000 in DOE funds, the required cost share would be $500,000, unless a cost share reduction is requested and approved. If, for example, the project being proposed under Topic Area 1 was valued at $2 million, then DOE would only consider funding the project to a maximum of $500,000 (25% of $2 million) and therefore, the cost share would be $1,500,000 (75% of the $2 million).   

Question 106: Do the Tribal Resolutions have to be Project Specific?
Answer 106:

Yes, the Tribal Council Resolutions need to be specific to the Funding Opportunity Announcement (FOA) and to the project, as well as commit to cost share and address the 4 items on the bottom of page 32. 

Specifically, per Section IV.C.12 (Statement of Commitment and Cost Sharing) on page 32 of the FOA it states,  “All Tribal Council Resolution(s), declarations (or resolutions) and letters of commitment must be specific to this Funding Opportunity Announcement and include a statement of the level and type of cost share commitments (see Section III.B, Cost Sharing). Failure to submit the appropriate Tribal Council Resolution(s), declarations (or resolutions) and letters of commitment with your Application may result in your Application not being reviewed or considered.

The Tribal Council Resolution(s) and declaration(s) must not only authorize the submittal of the Application, but must also include a commitment for the proposed project, and include:

1)    A description of building(s) and/or land proposed for use as part of the proposed project;

2)    Identify whether the building(s) and/or land is held in Trust, held in fee simple (owned) and by whom, or under a long-term lease and by whom;

3)    If the owner or lease holder is not the eligible entity, a commitment in writing from the building and/or land owner or lease holder authorizing the Applicant’s use of those building(s) and/or land for the proposed project must be provided; and 

4)    If the Applicant will not own or control the project (Topic Area 2), but rather has been given the authority by another entity, evidence of that authority must be provided as part of the Application.”

Question 107: I am attempting to upload files to an application for FOA #DE-FOA-0001021: Deployment of Clean Energy and Energy Efficiency on Indian Lands. When I upload the “Energy Audits for Deep Energy Retrofits” file, the system re-names my document to “Energy Use Data” file. It also incorrectly displays the file name as “Energy Use Data” in the “File Name” column. Since I also have to submit an actual “Energy Use Data file”, it now looks as though I’ve uploaded the same document twice.
Answer 107:

Thanking for bringing this to our attention.  As you indicated there is an error in the Funding Opportunity Announcement (FOA) document.  Even though there is not time to modify the document, the EERE Exchange system has now been corrected such that when uploading the “Energy Audits for Deep Energy Retrofits” file the system will correctly re-name the file “ControlNumber_ApplicantName_EnergyAudit. 

Question 108: Do we need to fill out the SF-LLL Disclosure of Lobbying Activities if we do not hire anyone to lobby for us?
Answer 108:

Yes, per Section IV.C. of the Funding Opportunities Announcement (FOA) a SF-LLL, disclosure of Lobbying Activities is a required form.  See Section IV.C.21 for instructions, which specifically state “[i]if no non-Federal funds have been paid or will be paid to any person, indicate “none” on the form and submit. Save the SF-LLL in a single PDF file using the following convention for the title “ControlNumber_LeadOrganization_SF-LLL.”

Question 109: The FOA states that award selections would be announced on January 9th. Is there an update on the status of the award notifications?
Answer 109: The Funding Opportunity Anonuncement (Number DE-FOA-0001021) indicated EERE anticipated notifying applicants selected for negotiation of award by January 9, 2015 and promptly notify in writing each applicant whose application has not been selected for award. Even though selections were anticipated Janaury 9, 20015, none have been made. We are working toward an announcement as quickly as possible, however we do not have a specific date for the announcement of the selections at this time. Once selections have been made, however, all applicants will be notified of the status of their application.