Frequently Asked Questions

Funding Opportunity Announcement’s (FOAs) are generally distinct from one another and a thorough review of each is necessary to understand any differences. However, this FOA (De-FOA-0002317) is very similar to the previous FOA (DE-FOA-0002168). To learn more about the recently issued FOA and any differences from the previous FOA, please join our webinar April 7, 2020 at 3:00 Eastern.

Per the FOA documents, “DOE will notify all Applicants of its eligibility and selection determinations. The selection notification letter will inform the Applicant if its application was selected for award negotiations, or not. Alternatively, DOE may notify one or more Applicants that a final selection determination on particular applications may be made at a later date, subject to the availability of funds or other factors. Written feedback on all eligible applications will also be provided at the time of notification. Ineligible applications will not be reviewed or considered for award negotiations. If determined ineligible, the Contracting Officer will send a notification letter by email to the technical and administrative points of contact designated by the Applicant in EERE Exchange. The notification letter will state the basis upon which the application is ineligible and not considered for further review.”

No, fees paid for an energy audit or industrial energy assessment are not reimbursable by DOE or as cost share since these costs would be incurred prior to award selection.

Funding Opportunity Announcement’s (FOAs) are generally distinct from one another and a thorough review of each is necessary to understand any differences. However, this FOA (De-FOA-0002317) is very similar to the previous FOA (DE-FOA-0002168). To learn more about the recently issued FOA and any differences from the previous FOA, please join our webinar April 7, 2020 at 3:00 Eastern.

It is anticipated that the Office of Indian Energy will continue to offer funding opportunities, however, funding is subject to annual Congressional appropriations and, as such, it is not possible to predict when the next opportunity will be made available or what type of projects or activities will be solicited. To be notified of future funding opportunities, please be sure to sign up for the Office of Indian Energy’s listserv at the bottom-right corner of our website at http://www.energy.gov/indianenergy/office-indian-energy-policy-and-programs or for current funding opportunities, see our funding page at http://energy.gov/indianenergy/funding.

The funding opportunity Announcement (FOA) is fuel and technology neutral. Energy storage system(s) on a community scale are specifically being sought under Topic Area 2.b. (Community Energy Storage), where “Energy storage system(s)” for purposes of this FOA, include, but are not limited to, batteries, pumped hydropower, flywheels, compressed air energy storage, or thermal energy storage systems. [Emphasis added]

Energy storage system(s) such as batteries are also eligible under Topic Area 3 and Topic Area 4, if integrated into an “Integrated Energy System(s)” which for purposes of this FOA, “are system(s) that provide power to essential tribal facilities or Tribal Buildings and must, as a minimum, include, (1) energy generating system(s) and (2) controls and management system(s), and may include (3) energy storage system(s)” assuming the other requirements of those Topic Areas are met. See Appendix A of the FOA for definitions.

Beginning on page 23 of the FOA relative to Topic Area 3, eligible ““integrated energy system(s)” under Topic Area 3 must, as a minimum, provide power for essential tribal facilities and must, as a minimum, include, (1) energy generating system(s) and (2) controls and management system(s), and may include (3) energy storage system(s). Although integrated energy system(s) must include as a minimum an energy generating system(s) and controls and management system(s) and may include energy storage system(s), some components may already exist and therefore, not all of the components need be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 3.”

Therefore, depending on the Topic Area and assuming all other requirements of that Topic Area are met, an energy storage system(s) such as batteries is an eligible technology under this FOA.

The funding opportunity Announcement (FOA) is fuel and technology neutral. Section I.B. (Topic Areas/Technical Areas of Interest) of the FOA states, “DOE is seeking applications for energy generating system(s) which under this FOA includes combined heat and power system(s), conventional distributed generation system(s) and renewable energy system(s).”

As it applies to Topic Area 1.a., 1.c. and 2.a. and as integrated into an integrated energy system(s) under Topic Area 3 and 4, ““Energy generating system(s)” for purposes of this FOA include: (1) combined heat and power system(s), (2) conventional distributed generation system(s) and (3) renewable energy system(s)”, where “Conventional distributed generation system(s),” for purposes of this FOA, include, but are not limited to, gas turbines (combustion engine), generators, reciprocating engines, stirling engines, microturbines, or combustion steam turbines.” [Emphasis added] specifically, see page 17 of the FOA or Appendix A for definitions.

Therefore, depending on the Topic Area and assuming all other requirements of that Topic Area are met, a generator is an eligible technology under this FOA.

Per Section III. B. Cost Sharing on page 34 of the Funding Opportunity Announcement (FOA), states that “All cost share must come from non-federal sources and be clearly identified in the application, unless otherwise allowed by law” and provides some instances where federal funds may be permissible for use as cost share, such as funds provided under the Native American Housing Assistance and Self-Determination Act (NAHASDA) of 1996 (25 U.S.C. 4101, et seq.) and it’s implementing regulation (24 CFR §1000.122) that states, that “[t]here is no prohibition in NAHASDA against using grant funds as matching funds.”

Under that same section (page 35) it also provides guidance on the documentation needed if funds form a federal source are being proposed either as additional federal funds against the total project costs or as non-federal cost share, as allowed by law. Specifically, that “the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share. These commitment letters will be reviewed to determine allowability, by DOE Legal Counsel and the Contracting Officer, prior to accepting funds as either additional federal project funds or non-federal cost share from other federal sources.”  

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

As stated in the FOA under Appendix A (page 94) of the FOA, ““Energy Storage System(s)” for purposes of this FOA, include, but are not limited to, batteries, pumped hydropower, flywheels, compressed air energy storage, or thermal energy storage systems.” [Emphasis added] Therefore, hydrogen storage technology, provided it is at least a Technology Readiness Level (TRL) of 9, is not prohibited under this FOA, as long as it meets the other requirements of the specific Topic Area and FOA.

Currently, there are no plans to extend the due date for applications in response to this Funding Opportunity Announcement (FOA); however, we are monitoring the impacts of COVID-19 and will continue to evaluate whether an extension is appropriate. Nonetheless, to be eligible under Topic Area 1.b., an energy audit or audits, as well as a Technical Volume are required at the time of submission.  

If the FOA due date is extended, anyone who is registered in grants.gov, has subscribed to the original FOA posting, and subscribe to opportunities, will receive a notification via email. For more information on how to subscribe in Grants.gov, see

https://www.grants.gov/help/html/help/index.htm?callingApp=custom#t=Connect%2FSubscribeToOpportunities.htm. Note that application will not be accepted through Grants.gov. Only complete applications submitted to EERE Exchange by the due date, will be considered.

The FOA is currently being amended to remove the language pertaining to “no less than three (3) buildings” and therefore, the requirement is to “[a]ffect a substantial number of buildings within a tribal community”, where substantial means of “ample or considerable amount”.

Specifically, under “Topic Area 2, DOE is seeking applications for the deployment of community-scale energy generating system(s) or community energy storage on Tribal Lands affecting a “substantial” number of the total buildings within a community, or a “substantial” portion of the community’s energy load, or an entire tribal community, where for purposes of this FOA, “substantial” means of “ample or considerable amount”.”

Additionally, “as part of the Technical Volume, an explanation and rationale as to how the proposed project meets the community-scale requirement, specifically addressing the “substantial” element, is required (see Section IV.C.4).”

Anyone who is registered in grants.gov, has subscribed to the original FOA posting, and subscribe to opportunities will receive a notification via email. For more information on how to subscribe in Grants.gov, see

https://www.grants.gov/help/html/help/index.htm?callingApp=custom#t=Connect%2FSubscribeToOpportunities.htm

1)   Currently, there are no plans to extend the due date for applications in response to this FOA; however, we are monitoring the situation and will continue to evaluate whether an extension is appropriate.

2)   It is anticipated that the Office of Indian Energy will continue to offer funding opportunities; however, funding is subject to annual Congressional appropriations and, as such, it is not possible to predict when the next funding opportunity will be made available or what types of projects or activities will be sought. As this is the second Funding Opportunity Announcement (FOA) issued during fiscal year 2020 it is unlikely that another FOA will be issued this fiscal year.

To be notified of future funding opportunities, please be sure to sign up for email updates from the Office of Indian Energy’s at the bottom-right corner of our website at http://www.energy.gov/indianenergy/office-indian-energy-policy-and-programs or for current funding opportunities, see our funding page at http://energy.gov/indianenergy/funding.

Per Section III. B. Cost Sharing on page 34 of the Funding Opportunity Announcement (FOA), states that “All cost share must come from non-federal sources and be clearly identified in the application, unless otherwise allowed by law” and provides some instances where federal funds may be permissible for use as cost share, such as funds provided under the Indian Self-Determination Act (Public Law 93-638), self-determination contract funding through 25 U.S.C § 450h(c) and compact funding under 25 U.S.C. § 450j-1(j).

Under that same section (page 35) it also provides guidance on the documentation needed if funds form a federal source are being proposed eitheras additional federal funds against the total project costs or as non-federal cost share, as allowed by law. Specifically, that “the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share. These commitment letters will be reviewed to determine allowability, by DOE Legal Counsel and the Contracting Officer, prior to accepting funds as either additional federal project funds or non-federal cost share from other federal sources.”  

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, we offer the following:

An eligible entity may apply under the Funding Opportunity Announcement (FOA) DE-FOA-0002317, even if they were previously awarded under a prior FOA; however, the activities proposed must not be duplicative, and may not supplement an existing funded project, although those previously funded activities could be complimentary to those activities to be proposed under the currently open FOA.

Be aware, however, that one of the program policy factors that may be considered in determining which applications to select for award negotiations is whether “Applicants who have not previously received a grant from the Office of Indian Energy” (see Section V.C. on page 77).

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

Per Appendix A of the FOA and page 15, “Tribal Building(s)” may include a single or multiple ““Tribally-owned or controlled building(s)” located on Tribal Lands”, where for purposes of the FOA, Tribally-owned or controlled building(s) “is a building or buildings where the eligible entity has the authority to augment or modify the building and where the building is either owned by the eligible entity or tribal members, or the eligible entity has a long-term lease (as a minimum, for the useful life of the proposed project). “Tribal Building(s)” may include, but are not limited to, tribal member homes, schools, community buildings, clinics/hospitals, tribal government buildings, fire stations, police stations, radio stations, washaterias, utility facilities (such as water/waste water systems), tribal casinos, or tribal businesses.”

However, you are correct in that under Topic Area 3, system(s) proposed must be for “essential tribal facilities” as defined on page 23. Each Topic Area should be fully reviewed to determine if the planned project meets the requirements of that specific Topic Area.

With regarding to the ‘development of a tribally owned electrical substation’, an electrical substation does not, in and of itself, meet the definition of an integrated energy system. See the definition of an integrated energy system beginning on page 23 of the FOA.

Specifically, “[i]nterconnection infrastructure such as distribution substations, circuits, circuit breakers, switchgear, busbars, distribution lines, distribution transformers, capacitors, voltage regulators, meters, and utility poles, may be proposed under Topic Area 3.b., provided the proposed infrastructure is essential to the proposed project.” [Emphasis added] In other words, under Topic Area 3, a substation would only be eligible if ancillary to the proposed integrated energy system and only if it is essential to the proposed integrated energy system project.

Additionally, substations may be eligible under Topic Area 4, but only to provide electricity to unelectrified Tribal Buildings.

The drop down selections in the Project Data Metrics File give the file an extension that is .xlsm. To submit the file, once completed, save the file as .xls or .xlsx and then submit.

As required by statute, a 50% cost share of the total allowable costs of the project (i.e., the sum of the DOE share, and the Recipient share of allowable costs equals the total allowable cost of the project) is required under this FOA. [Emphasis added]

However, DOE is monitoring the situation and will continue to evaluate whether a reduction in cost share is appropriate.   

Anyone who is registered in Grants.gov, has subscribed to the original Funding Opportunity Announcement (FOA) posting, and subscribed to opportunities will receive a notification via email of any changes to the FOA. For more information on how to subscribe in Grants.gov, see

https://www.grants.gov/help/html/help/index.htm?callingApp=custom#t=Connect%2FSubscribeToOpportunities.htm. Note that applications to this FOA will only be accepted in EERE Exchange; however, to be notified of any changes to the FOA, please subscribe to notifications in Grants.gov as described above.

Per Section II. 2 (Page 31) of the Funding Opportunity Announcement (FOA), “DOE anticipates making awards with a period of performances of approximately one (1) to two (2) years, but no longer than three (3) years including the mandatory 12 month verification period.”

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

 However, we offer the following:

 Per Section III. A. (page 31) of the FOA, “[i]n accordance with EPAct 2005 authorities and consistent with 2 CFR 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.” Additionally, under that same section, the FOA states, “Applications may also be submitted on behalf of Indian Tribe(s) by an authorized “Tribal Organization”, provided evidence of that authority is included as part of the application.” For a definition of Tribal Organization, see Section III.A, Eligible Applicants.

As referenced in your question, “DOE will notmake eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, we offer the following: To be eligible under Topic Area 2.a., the FOA states:

Under Topic Area 2.a. (Community-Scale Energy Generating System(s) of the Funding Opportunity Announcement (FOA), (Section I.B. in page 21), “DOE is seeking applications for the deployment of community-scale energy generating system(s) to provide electricity and/or heating or cooling to a substantial number of the total buildings within a community, or a substantial portion of the total community’s energy load, or an entire tribal community. [Emphasis added]

Therefore, if the project proposed for funding is solely for “drilling the horizontal collection wells” as described and does not result in the generation of electricity and/or heating or cooling, it would not meet the intent or requirements of the FOA. 

If, however, the project being proposed will generate electricity and/or heating or cooling to a substantial number of total buildings within a community, the project may be eligible, provided it meets all other requirements of the FOA. Such other requirements include, but are not limited to, those itemized below and the use of commercially-proven warrantied technology.  Please also note that to be commercial, the technology must be Technology Readiness Level (TRL) of 9, where TRL 9 is “Commercial-Scale Production/Application”.  See Appendix A of the FOA for a definition.

(1)  Provide an Options Analysis to demonstrate that other options were considered and that the proposed energy generating system(s) best meets the overall tribal objectives;

(2)  Be based on a feasibility study that identifies the need and demonstrates the availability of the resource and the technical and economic viability of the proposed energy generating system(s) and the feasibility study must be provided as part of the application;

(3) Include an estimate of the energy generated annually (amount, cost, and percentage) for the tribal community through the proposed energy generating system(s);

(4) Be a minimum of 100 kW rated capacity (or for heating or cooling the Btu equivalent of 170,607 Btu/hr.);

(5) Affect a substantial number of buildings within a tribal community (no less than three (3) buildings); and

(6) Use commercially-proven warrantied technology (see the definition of “commercially-proven” and “warrantied” under Appendix A). (Emphasis added)

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, we offer the following:

Per Appendix A. of the Funding Opportunity Announcement (FOA) (Page 92):  “Commercially-proven” for purposes of this FOA, means 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 and 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. For more on TRL, see http://en.wikipedia.org/wiki/Technology_readiness_level.”

Additionally, it is unclear what is meant by “production of 20-30 systems”; however, be aware ‘manufacturing’ activities are not of interest either (see Section I.C. on page 29).

Loans are an allowable form of cost share, provided equipment to be purchased under the grant agreement is not used as collateral for the loan. Specifically, see page 4 of the Funding Opportunity Announcement (FOA) which states “[t]he non-Federal entity cannot encumber this equipment without approval of the Federal awarding agency and must follow the requirements of 2 CFR 200.313 before disposing of the equipment.”

Section IV. C. 12 (Page 63) of the FOA, states, “"Cost Sharing" is not limited to cash investment. Allowable contributions (e.g., contribution of time, unrecovered indirect costs, facilities and administrative costs, rental value of buildings (not the purchase value), lease value of land or equipment (not the purchase value), and the value of a service, other resource, or third party in-kind contributions) incurred as part of the project may be considered as all or part of the cost share. Only cost share contributions made during the period of performance of the grant can be considered.”

Page 5 of the FOA states, “cost share must be available or accessible at the time of submission of the application, as described below. A written assurance (e.g., commitment) must be provided at the time of application submission. The written assurance (e.g., commitment) is a binding guarantee that funds are available or, with respect to the use of equipment, contributed labor hours, or unrecovered indirect costs, accessible. Cost share commitments cannot be dependent on some future event, such as receiving a grant, obtaining a loan, or securing an investor. [Emphasis added]. That paragraph on cost share goes on to state, “although the cost share requirement applies to the project as a whole (including work performed by members of the project team other than the Recipient) the Recipient is ultimately and legally responsible for the entire amount of cost share if an award is made.”

Only an eligible entity, as defined in Section III.A. of the Funding Opportunity Announcement (FOA), may submit an application under this FOA. As stated in Section III.F. on page 39 of the FOA, however, “[t]he decision of whether to submit an application in response to this FOA lies solely with the Applicant". Any business arrangements between an eligible entity and an industry partner or vendor is outside the purview of DOE; however, if an award was to be made, no pre-award costs such as those for preparation of an application can be considered for reimbursement or as cost share (see Pre-award Costs on page 3 of the FOA).   

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following: 

Per Section I.C. of the FOA (page 29) identified applications not of interest. Specifically, “[a]pplications proposing studies, design and engineering (excluding final design and engineering), or development (pre-construction) activities; or any other activity which does not directly result in the installation of equipment to generate electricity and/or heating or cooling, reduce energy use, or enhance energy storage and delivery infrastructure” are not of interest.

Further, under Topic Area 1 (page 16 of the FOA), “[f]or Tribally-owned or controlled building(s) that are currently being constructed or planned to be constructed during the grant period, the estimated amount of displaced or energy saved in the building(s) must be based on the projected annual energy use over a 12 month period and those projections supplied as part of the application. Only the incremental costs associated with the installation of the energy generating system(s) and EEM(s) will be considered, not the cost of constructing the building.” [Emphasis added]

Based on the above, the design and engineering for the proposed energy systems, must therefore, have been completed prior to submitting an application and the design of the building must be such that the energy displaced by the proposed energy systems can be projected and included as part of the application. Furthermore, the Tribally-owned or controlled building(s) must be under construction or planned to be constructed during the grant period, which based on the information provided, seems uncertain. Per the information provided, if the energy systems to be proposed are not intended to be installed until after the completion of the building and the funding and timing for that construction uncertain, an application for said energy systems may be premature.

Also note that per Section III.B. (Cost Sharing) on page 34 of the FOA, “[c]osts associated with the construction of a building(s) or structure(s) such as carports (unless integral to the energy system(s) being proposed) will not be considered by DOE for reimbursement or as cost share; only the incremental costs associated with the installation of energy generating system(s), energy storage system(s), integrated energy system(s), or energy efficiency measures will be considered allocable to the proposed DOE funded project.

Additionally, be aware that per page 34 “[a]ll cost share must come from non-federal sources and be clearly identified in the application, unless otherwise allowed by law”. Therefore, of federal funding is anticipated as cost share for the proposed energy systems, you must confirmed those funds can be used as non-federal cost share and “provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share.”

Feel free to join our email list to be notified of any future funding opportunity announcements on our website.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, we offer the following:

As included in your question, Section I. B. (page 18) of the FOA states, “[u]nder Topic Area 1.b., multiple EEMs must be proposed for each Tribally-owned or controlled building proposed.” For purposes of this FOA, lighting retrofits would be considered a single energy efficiency measure and would not constitute ‘multiple’ energy efficiency measures, regardless of the number or different types of lights to be replaced.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

 As a result, DOE cannot advise you. However, based on the information provided, we offer the following:

 Specific to Topic Area 2.a., page 22 of the Funding Opportunity Announcement (FOA), states “[i]Interconnection infrastructure such as distribution substations, circuits, circuit breakers, switchgear, busbars, distribution lines, distribution transformers, capacitors, voltage regulators, meters, and utility poles, may be proposed under Topic Area 2.a., provided the proposed infrastructure is essential to the proposed project. The justification as to why that infrastructure is essential to the proposed project must be addressed as part of the Technical Volume. Note that in order for the proposed infrastructure to be eligible, not only must it be essential, but the land on which that infrastructure is proposed must either be (1) on Tribal Land; or (2) the necessary site access such as right-of-way agreement(s) must have been obtained prior to submitting the application. [Emphasis added]

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

Provided it meets the requirements of the FOA, each proposed project will be evaluated (as a whole) based on criteria published in the FOA, none of which specify the percentage of the project or percentage of costs that must be dedicated to energy generation."

As stated on the cover page of the Funding Opportunity Announcement (FOA), the submission deadline for applications under DE-FOA 0002317 is July 1, 2020.

Relative to your question regarding the possibility to apply in the near term, as stated in Section III.F., Questions Regarding Eligibility, of page 39 of the FOA, “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the information provided, we offer the following:

Section III.A. (page 31) of the FOA states, “eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.”

Also see eligible Topic Areas under Section I.A. and applications not of interest under this FOA under Section I.C.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following: 

Under Topic Area 4, DOE is seeking applications for the deployment of energy infrastructure to electrify Tribal Buildings. Topic Area 4 (beginning on page 27) is intended for the deployment of energy infrastructure or integrated energy system(s) to provide electricity to a “substantial” number of unelectrified Tribal Buildings where for purposes of this FOA, “substantial” means of “ample or considerable amount”. Additionally, “unelectrified” for purposes of this FOA, means “Tribal Buildings not connected to (1) the traditional centralized electric power grid or (2) an integrated energy system(s) operating independent of the traditional centralized electric power grid.” Therefore, Topic Area 4 would only apply if a substantial number of unelectrified buildings are being proposed.

Whereas, under Topic Area 1.a., applications for energy generating system(s) for Tribal Building(s) are being solicited, where Tribal Building(s)” may include a single or multiple “Tribally-owned or controlled building(s)” located on Tribal Lands and may be for “either: (1) Existing “Tribally-owned or controlled building(s)”; or (2) “Tribally-owned or controlled building(s)” that are currently being constructed or planned to be constructed during the proposed grant period.” Therefore, if the building to be constructed will be grid-connected once completed, then Topic Area 1 might apply.  See Topic Area 1 beginning on page 15 of the FOA.   

No.  Applications submitted to prior FOAs may contain those applicants’ confidential, business sensitive and/or proprietary information; in addition, they address different FOA requirements, which may be inapplicable to the current FOA.  The Office of Indian Energy will not, therefore, provide examples of previous successful applications for applicants’ use in preparing their own applications.

Per page 3 of the Funding Opportunity Announcement (FOA), “all Applicants are required to submit an Applicant Tribal Council Resolution or Declaration of Commitment and Cost Sharing File, which must include a statement of commitment and cost sharing by the Applicant. For Indian Tribes, that statement of commitment and cost sharing must be in the form of an executed Tribal Council Resolution, unless an Indian Tribe does not have a Tribal Council.” And, for Alaska Native Regional Corporations or Village Corporations, Intertribal Organizations, and Tribal Energy Development Organizations, “the statement of commitment and cost sharing may be in the form of a declaration or resolution signed by an authorized representative able to commit the entity. In addition, letters of commitment and cost sharing are required from all other project participants (excluding Vendors), to be provided under the Participant Letters of Commitment and Cost Sharing File.”

Page 5 of the FOA further clarifies that “cost share must be available or accessible at the time of submission of the application,” and a “written assurance (e.g., commitment) must be provided at the time of application submission. The written assurance (e.g., commitment) is a binding guarantee that funds are available or, with respect to the use of equipment, contributed labor hours, or unrecovered indirect costs, accessible. Cost share commitments cannot be dependent on some future event, such as receiving a grant, obtaining a loan, or securing an investor. Furthermore, although the cost share requirement applies to the project as a whole (including work performed by members of the project team other than the Recipient) the Recipient is ultimately and legally responsible for the entire amount of cost share if an award is made. In addition, if an award is made, cost share will be verified, once invoiced. Documentation for all costs (evidence of expenditures) associated with the project will be required with each and every request for reimbursement from DOE for DOE’s portion of those costs.”

Therefore, the applicant must provide the written assurance (e.g., commitment) at the time of submission of the application that funds are available or if contributed accessible, in the form of a Tribal Council Resolution, declaration, or resolution, depending on the type of applicant; however, those funds are not verified, unless an award is made, and then only once invoiced. As such, besides the written assurance by the applicant that funds are available, or if contributed accessible, no additonal verification of funds or documentaiton of availability is required with the application. Note that that availability cannot be dependent on a future event such as obtaining a loan.  In addition, if the applicant intends to obtain a loan as part of its cost share, the loan cannot encumber any equipment or property acquired by the applicant as part of the DOE grant (i.e., no equipment or property acquired by the applicant as part of the DOE grant may be used as collateral for the loan).

Per ‘Analyses, Feasibility Study and Energy Audit(s)’ on page 50 of the Funding Opportunity Announcement (FOA), “[t]he Applicant should provide a description of the analyses, feasibility study and/or energy audit(s)/assessment(s) that are the foundation upon which the proposed project is based, including as a minimum:

For Topic Area 1 and Topic Area 2, the Applicant should describe the mandatory analysis that demonstrates that other options were considered and that the proposed project best meets the overall tribal objectives (Options Analysis), and describes the required energy audit(s) or industrial energy assessment(s) that identifies and quantifies energy reduction and savings (Topic Area 1.b. and Topic Area 1.c.) or the required feasibility study that demonstrates the availability and sustainability of the resource and the technical and economic viability of the proposed energy generating systems (Topic Area 1.a., Topic Area 1.c., and Topic Area 2.a.) or energy storage system (Topic Area 2.b.). Include any resource supply agreements under the Statement of Commitment and Cost Sharing File.” [Emphasis added]

“For Topic Area 4, the Applicant should describe the mandatory analysis that demonstrates that multiple options were considered and that the proposed project best meets the overall tribal objectives (Options Analysis). Also provide the required feasibility study that demonstrates the technical and economic viability of the proposed energy infrastructure or integrated energy system(s).” [Emphasis added]

Generally, energy audits are a tool for uncovering operational and equipment improvements that will save energy, reduce energy costs, and lead to higher performance. For more, see A Guide to Energy Audits.

A feasibility study is an assessment that demonstrates the availability and sustainability of the resource and the technical and economic viability of the proposed energy generating systems. Many examples of tribal energy project feasibility studies are posted on the DOE Office of Indian energy website. Examples of comprehensive feasibility studies are as follows: (1) Confederated Tribes of the Umatilla Reservation's feasibility study; (2) Kaw Nation Wind Feasibility Report; and (3) Confederated Tribes of Umatilla Report.

The DOE Office of Indian energy has no intention of waiving the requirement for a Tribal Council Resolution as part of applications submitted under Funding Opportunity Announcement (FOA) DE-FOA-0002317 as those Tribal Council Resolutions document the authority to submit an application and cost share commitments which are essential to DOE accepting an application. However, we continue to monitor the impacts of COVID-19 and whether an extension is appropriate. If the FOA due date is extended, anyone who is registered in grants.gov, has subscribed to the original FOA posting, and subscribe to opportunities, will receive a notification via email. For more information on how to subscribe in Grants.gov, see https://www.grants.gov/help/html/help/index.htm?callingApp=custom#t=Connect%2FSubscribeToOpportunities.htm   Note that the application will not be accepted through Grants.gov. Only complete applications submitted to EERE Exchange by the due date, will be considered.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

Review of the Topic Areas and eligibility requirements provided in the FOA should guide your decision making as to whether to submit an application to DE-FOA-0002317. Note that we can only address the subject FOA, Energy Technology Deployment on Tribal Lands – 2020.

No, assisting with the preparation of information for an application would not preclude a firm from performing work under a grant agreement, if one is awarded. However, as described in the Budget Support File:  the Code of Federal Regulations (2 CFR 200) requires competition to the maximum extent practical. The applicant must explain how each of the entities included under the Contractual cost category of the Budget Justification form (IE 335) were selected. If any of these entities were selected non-competitively, per 2 CFR 200.317(f)(3), the applicant must submit a separate formal request signed by an authorized representative and addressed to the Contracting Officer to approve the non-competitive selection(s). Include those requests as part of the Budget Support file as required per this Funding Opportunity Announcement (FOA). The approval request should be on the Applicant’s letterhead and include the justification for each of the sole source selection(s), including: (1) any unique or exclusive qualifications; (2) time urgency, if any; (3) past working relationships; and (4) any other rationale.

Please note, however, that the FOA is seeking applications for the installation of energy technology, systems, and infrastructure. As such, per Section I.C., design and engineering (except final design and engineering) is not of interest under this FOA – meaning design and engineering should have been completed prior to submitting an application and the results included as part of an application.

Based on the limited information provided in your question, and considering the provisions of Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), funding from the CARES Act is Federal in nature and therefore may generally not be used as cost share for this Funding Opportunity Announcement (FOA).  DOE, however, will not make any determinations of allowability of cost share funds from a federal source prior to the submittal of applications. The decision whether to submit an application incorporating funds from a federal source lies solely with the Applicant.

As set forth in Section III.B of the FOA (beginning on page 34), “If funds from a federal source are being proposed either as additional federal funds against the total project costs or as non-federal cost share, as allowed by law, the Applicant must provide a commitment letter from the federal agency as part of the application that specifically commits those funds and identifies the statutory authority that allows those funds to be used for the project being proposed. Additionally, if those funds are to be used as non-federal cost share, the commitment letter must also include the excerpt from the statutory authority that allows those funds to be used as non-federal cost share. These commitment letters will be reviewed to determine allowability, by DOE Legal Counsel and the Contracting Officer, prior to accepting funds as either additional federal project funds or non-federal cost share from other federal sources.” That same section also provides instances where federal funds may be permissible for use as cost share.

More information about guidelines related to the CARES Act can be found here, including the Department of Treasury’s interpretation of these limitations on the permissible use of Fund payments.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

 However, based on the limited information provided, we offer the following: 

Projects proposed under Topic Area 4 are intended for Tribal Buildings currently unelectrified. Grid-connected projects will only be accepted under Topic Area 1.a., Topic Area 1.c., and Topic Area 2. [Emphasis added]. As such, although an integrated energy system, such as a solar power system with a battery and controls and management system, is eligible under Topic Area 4, a net-metered system is not as Topic Area 4 (see page 27) is intended to provide electricity to “unelectrified Tribal Buildings by (1) deploying energy infrastructure to connect Tribal Buildings to the traditional centralized electric power grid; or (2) deploying integrated energy system(s) to operate independent of the traditional centralized electric power grid.” [Emphasis added]

You may wish to review the requirements of Topic Area 3 (beginning on page 23) as that topic area is intended for the installation of integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power (1) a single or multiple essential tribal facilities during emergency situations (Topic Area 3.a.) or to power (2) a substantial number of essential tribal facilities for tribal community resilience (Topic Area 3.b.). [Emphasis added]

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

Section III. A. Eligible Applicants from the FOA: “Only the following types of Applicants are eligible to apply to this FOA. All Applicants will be required to provide eligibility statements and evidence (see Section IV.C.9.) to support DOE’s eligibility determination. DOE will not make sufficiency determinations prior to an application being submitted. Applicants who do not meet the requirements of this subsection will be deemed ineligible and their applications will not be reviewed or considered. “In accordance with EPAct 2005 authorities and consistent with 2 CFR 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.”

Based on the above, therefore, a U.S. agency would not be directly eligible to submit an application; only an Indian Tribe, Intertribal Organization, and Tribal Energy Development Organization are eligible applicants.

To avoid any perception of preference or endorsement of towards any particular entity or technology which is prohibited under DOE ethics standards and to respect the competitive process, the DOE Office of Indian Energy does not post a “partnership list”. Any business arrangements must will need to be made through direct contact directly with an Indian tribe or tribal entity, and as the DOE Office of Indian Energy will not make referrals.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

Eligible project site locations are described in section III. A. Eligibility Information (pages 33-34) of the Funding Opportunity Announcement (FOA) which include the following as eligible Tribal Lands: (a) ”Indian land” (see definition below); (b) lands held in fee simple (purchased or owned) by an Indian Tribe, Intertribal Organization, Tribal Energy Development Organization, or other eligible Applicant; (c) lands held under a long-term land lease (as a minimum, for the useful life of the proposed project) by an Indian Tribe, Tribal Energy Development Organization, or other eligible Applicant; and (d) 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.” See page 34 for the definition of “Indian Land”.  

To review Tribal Nation maps please visit this website. Based on the eligibility requirements of the FOA, however, no Tribal Lands are located in the U.S. Virgin Islands.

All Applicants are required to submit either: a (1) feasibility study and/or (2) energy audit(s) or industrial assessment(s). As specifically required for each Topic Area, this requirement includes: energy audit(s) or energy assessment(s) for Topic Area 1.b. and Topic Area 1.c., and a feasibility study or studies for Topic Area 1.a., Topic Area 1.c. and Topic Area 2, Topic Area 3, and Topic Area 4. Any other relevant background or supplemental data may be included under the Site and Resource Map and Graphics File.

An energy audit for a tribally-owned building that is planned to be constructed during the proposed grant period would include an analysis of the energy to be used in the building to be constructed (baseline) and then further analysis to determine the incremental energy and cost savings of the energy efficiency measures proposed for incorporation into the design. Such an analysis typically involves the use of building energy modeling software. For more on building energy modeling, see DOE’s Building Energy Modeling 101. For more on building energy software, see DOE’s website or the Building Energy Software Tools Directory

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.” However, based on the limited information provided, we offer the following:

In making your decisions, you may wish to review the following sections of the FOA.

Questions A and C:

Per Section I. B. of the FOA (beginning on the bottom of page 23) “[e]ligible “integrated energy system(s)” under Topic Area 3 must, as a minimum, provide power for essential tribal facilities and must, as a minimum, include, (1) energy generating system(s) and (2) controls and management system(s), and may include (3) energy storage system(s). Although integrated energy system(s) must include as a minimum an energy generating system(s) and controls and management system(s) and may include energy storage system(s), some components may already exist and therefore, not all of the components need be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 3.” [Emphasis added]

Relative to Topic Area 3.b. (page 26), the FOA states “Interconnection infrastructure such as distribution substations, circuits, circuit breakers, switchgear, busbars, distribution lines, distribution transformers, capacitors, voltage regulators, meters, and utility poles, may be proposed under Topic Area 3.b., provided the proposed infrastructure is essential to the proposed project. The justification as to why that infrastructure is essential to the proposed project must be addressed as part of the Technical Volume. Note that in order for the proposed infrastructure to be eligible, not only must it be essential, but the land on which that infrastructure is proposed must either be (1) on Tribal Land; or (2) the necessary site access such as right-of-way agreement(s) must have been obtained prior to submitting the application.” [Emphasis added]

Therefore, a substation or distribution line, in and of themselves, would not be eligible under Topic Area 3.b.; however, if the substation or distribution line is essential to the proposed integrated energy system project and meets the requirements above and in the FOA, it may be eligible.

Question B:

Section I.C. of the FOA, Applications Specifically Not of Interest, identifies the types of applications that are not of interest and will be deemed nonresponsive and will not be reviewed or considered, including “[a]ny application where the Applicant has already taken irreversible actions regarding the proposed DOE funded project, where the proposed DOE funded project consists of only the installation of energy generating system(s), integrated energy system(s), community energy storage, energy infrastructure or the installation and energy efficiency measures, including irreversible actions related to the construction of a building(s) or structure(s) (such as a carport), if the building(s) or structure(s) are being built specifically to enable the DOE funded project. Irreversible actions relative to the proposed DOE funded project may include, but are not limited to, site clearing, ground breaking, equipment or system purchase or installation, building renovation, and building retrofits.”

As such, DOE could not consider a situation where “site grading and long lead time equipment purchases” occurred prior to grant award, as those would be considered irreversible actions that could not be segmented from the construction.

Question D:

Section I. B. of the FOA (page 21) states “[u]nder Topic Area 2.a., DOE is seeking applications for the deployment of community-scale energy generating system(s) to provide electricity and/or heating or cooling to a substantial number of the total buildings within a community, or a substantial portion of the total community’s energy load, or an entire tribal community.” Therefore, a solar PV project located on top of parking structure at a Tribal Facility that provides power to multiple essential facilities within Tribal lands, would appear to meet the intent of Topic Area 2.a., provided the proposed system provides electricity and/or heating or cooling to a substantial number of the total buildings within a community, or a substantial portion of the total community’s energy load, or an entire tribal community, and the system or systems are a minimum of 100 kW rated capacity. [Emphasis added]

However, per Section I. C. of the FOA, Applications Specifically Not of Interest (page 29), “[a]pplications proposing the construction of a building(s) or structure(s) such as carports. Only the incremental costs associated with the installation of energy generating system(s), energy storage system(s), integrated energy system(s), or energy efficiency measures will be considered allocable to the proposed DOE funded project and not the cost of constructing the building(s) or structure(s), unless those structures are integral to the proposed project.” Therefore, depending on the nature of the “parking structure”, costs for the “parking structure” may not be considered.

1. As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA mu t sbe submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

As stated in Section II.A.3. (page 31) of Funding Opportunity Announcement (FOA) DE-FOA-0002317, “DOE will accept only new applications under this FOA. DOE will not consider applications for renewals or continuations of existing DOE funded awards through this FOA.”  Therefore, although an eligible entity may apply under the FOA even if they were previously awarded under a prior FOA, the activities proposed must not be duplicative, and may not supplement, an existing funded project.  The previously funded activities, however, could be complementary to those activities proposed under the current FOA.

Be aware, however, that one of the program policy factors that may be considered in determining which applications to select for award negotiations is whether “Applicants who have not previously received a grant from the Office of Indian Energy” (see Section V.C. on page 77).​

2. With respect to your questions related to the NEPA process for selected awards, per Section VI. B. 6. (page 83 of FOA) we provide the following:

“DOE’s decision whether and how to distribute federal funds under this FOA is subject to the National Environmental Policy Act (42 USC 4321, et seq.). NEPA requires federal agencies to integrate environmental values into their decision-making processes by considering the potential environmental impacts of their proposed actions. For additional background on NEPA, please see DOE’s NEPA website, at http://energy.gov/nepa.“

“While NEPA compliance is a federal agency responsibility and the ultimate decisions remain with the federal agency, all Applicants selected for an award will be required to assist in the timely and effectively completion of the NEPA process in the manner most pertinent to their proposed project. If DOE determines certain records must be prepared to complete the NEPA review process (e.g., biological evaluations or environmental assessments), the costs to prepare the necessary records can be included as part of the proposed project budget.”

Additionally, if needed, DOE will confer with Tribal Historic Preservation Offices (THPO) or other agencies.

Per Section I.A. (beginning on page 11) and IV.C.10 (page 61) of the Funding Opportunity Announcement, “[f]or Indian Tribes, that statement of commitment and cost sharing must be in the form of an executed Tribal Council Resolution, unless an Indian Tribe does not have a Tribal Council. If an Indian Tribe does not have a Tribal Council, the statement of commitment and cost sharing may be in a format other than a Tribal Council Resolution and must include evidence of the statutory or other legal authority authorizing that form of commitment in lieu of a Tribal Council Resolution. Such evidence must establish that the commitment submitted carries the same level of Tribal leadership commitment as a Tribal Council Resolution.”

Therefore, provided the Resolution by the “Business Committee” is accompanied by sufficient evidence that that commitment carries the same level of Tribal leadership commitment as a Tribal Council Resolution, then it should suffice. However, DOE will not review or make a sufficiency decision prior to receiving the submitted application. The decision to submit an application lies solely with the applicant.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following: 

Projects to be proposed under Topic Area 1.a. (Energy Generating system(s) for Tribal Buildings) and Topic Area 2.a. (Community-Scale Energy Generating System(s)) are intended solely for energy generating system(s), such as solar systems, that are grid-connected. Note that Topic Area 1.a. is intended to power Tribal Buildings (see the FOA for a definition) and Topic Area 2.a. to power a substantial number of the total buildings within a community, or a substantial portion of the total community’s energy load, or an entire tribal community. For Topic Area 2.a., either a single energy generating system or multiple energy generating systems may be proposed, with the minimum system size of 100 kW rated capacity or BTU equivalent for either a single individual energy generating system or the aggregate of multiple energy generating systems. Projects proposed under Topic Area 4 are intended for Tribal Buildings that are currently unelectrified.

As described above and in the FOA, the focus of this FOA is to provide power to Tribal Buildings. Therefore, it is important you read each Topic Area carefully to determine which, if any, Topic Area may be applicable to your proposed project.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

 However, based on the limited information provided, we offer the following:

 Section III. A. Eligible Applicants beginning on page 31 of the FOA, states “[o]nly the following types of Applicants are eligible to apply to this FOA. All Applicants will be required to provide eligibility statements and evidence (see Section IV.C.9.) to support DOE’s eligibility determination. DOE will not make sufficiency determinations prior to an application being submitted. Applicants who do not meet the requirements of this subsection will be deemed ineligible and their applications will not be reviewed or considered. [Emphasis added]

Section III.A. further states, “[i]In accordance with EPAct 2005 authorities and consistent with 2 CFR 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.”

Therefore, based on the above, a small business is not an eligible applicant, nor an individual.

Per Section IV.C.7. of the funding opportunity announcement (beginning on page 59), “[a]ll Applicants are required to submit an Options Analysis to demonstrate that other options were considered and that the proposed project best meets the overall tribal objectives. The “Options Analysis”, for purposes of this FOA, is a systematic assessment and evaluation of possible alternative approaches available for achieving specific energy objectives and determining which of the options are the most effective and provides the best solution to achieve those objectives. Such an analysis is intended to explore all feasible technology alternatives (e.g., conventional technologies, renewable technologies, energy efficiency measure(s), integrated energy system(s), energy infrastructure) and provide evidence that the proposed project choice can actually be implemented and is the best option available among all feasible alternatives.” [Emphasis added]

DOE cannot advise you on the options to be considered as those options are specific to the overall tribal objectives and specific energy objectives defined by the applicant. However, based on the limited information provided, we offer the following additional information from the Options Analysis Template provided as Appendix E of the FOA (beginning on page 125) and under the FOA (Required Application Documents) on EERE Exchange:

As excerpted from Appendix E of the FOA (page 127), ““Current State” Option: The “current state” option (or “do-nothing” option) is evaluated as a bench-mark, to determine whether the other options considered improved or detracted from the current situation. The “current state” option is a no-investment option (no costs beyond those currently being spent on energy, operations and maintenance, etc.). It is critical to analyze current energy use data to establish the baseline or current conditions. Establishing the “do-nothing” option typically begins with collecting historical energy use data (e.g., electricity, natural gas, fuel oil, propane, etc.) and conducting energy audits, either for energy efficiency or generation.

˗ Provide a description to include energy needs (current and forecasted), energy sources, costs, jobs, or other items for comparison.”

From page 128 of the FOA, ““Do-minimum” Option(s): Define the "do-minimum" option(s) for the project which is a scenario that requires minimum effort and cost. This option assumes incurring certain insignificant investment outlays that go beyond the existing operational and maintenance costs. For example, partial modernization of an existing infrastructure requires fewer investment efforts and expenditures than a full infrastructure modernization would. The "do-minimum" option provides the least cost solution for achieving the overall objectives requirements.

˗ Provide a description of the “do-minimum” option(s) including the incremental costs and benefits (e.g., costs, jobs, or other items for comparison).”

From page 128 of the FOA, “"Do-something" Options. Identify other possible alternative solutions against the "do-nothing" and “do-minimum” options. Such solutions are identified on the basis of how they best meet the objectives or requirements. The "do-something" options typically involve an amount of investment depending upon the energy objectives or requirements. In many cases, the focus is placed on cost, where every option is evaluated against the level of investment and amount of savings.

˗ Provide a description of the “do-something” option(s) including the incremental costs and benefits (e.g., costs, jobs, or other items for comparison).”

Per Section IV.C.16. of the Funding Opportunity Announcement (FOA) (page 66), “All Applicants must provide a copy of the most recent financial audit. For non-profit entities, states, local governments, and educational institutions, a Single Audit is required. For for-profit entities, a copy of the most recent independent audit is required.” A ‘Single Audit’ for non-profit entities, states, local governments (including Indian tribes), and educational institutions, is what prior to 2 CFR 200 was known as an A-133 Audit.

An Indian tribe or any other eligible entity who is not required to obtain a ‘Single Audit’ due to expenditures of less than $750,000 in Federal funds during the entity’s fiscal year, is not exempt from submitting financial information as required under Section IV.C.16. of the FOA. In the absence of a ‘Single Audit’, the applicant must submit their most recent Financial Statements, including a statement that entity expended less than $750,000 in Federal funds in a fiscal year and therefore, not required to conduct a ‘Single Audit’.

Be aware that 2 CFR §200.501(d) of the Code of Federal Regulations, states that any “non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO).” [Emphasis added]

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

Section III. A. Eligible Applicants beginning on page 31 of the FOA, states “[o]nly the following types of Applicants are eligible to apply to this FOA. All Applicants will be required to provide eligibility statements and evidence (see Section IV.C.9.) to support DOE’s eligibility determination. DOE will not make sufficiency determinations prior to an application being submitted. Applicants who do not meet the requirements of this subsection will be deemed ineligible and their applications will not be reviewed or considered. [Emphasis added]

Section III.A. further states, “[i]n accordance with EPAct 2005 authorities and consistent with 2 CFR 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.”

Based on those requirements, and using your submitted example, a Navajo Nation Chapter would only be an eligible applicant, in and of itself, if the Chapter was a Local Governance Act Certified Chapter, certified by the ‘central Navajo government’ per Title 26, Navajo Nation Local Governance Act, of the Navajo Nation Code, the purpose of which is to delegate to Chapters governmental authority with respect to local matters consistent with Navajo law. Evidence of that certification must be included with the application, along with a resolution (or comparable commitment) from the Chapter leadership.  

If, the Navajo Nation Chapter is not Local Governance Act Certified by the ‘central Navajo ‘government’, the Chapter would need evidence, such as a Tribal Council Resolution, from the ‘central Navajo government’ delegating the authority to the Chapter to submit an application on behalf of the ‘central Navajo government’. That evidence must be included as part of the application, in addition to a resolution (or comparable commitment) from the Chapter leadership.

1. At the outset, your question #1 is unclear in several respects. In an effort to be responsive, however, we’re providing the information below. In the event we have misunderstood the question, you may submit a clarifying one.  In addition, it is unclear what is being asked by the “need to use the funds only allowed to purchase new equipment and need to provide a budget with cost analyze”. Please send a follow-up clarifying question.

    

   If by “bullet item #3” you are referring to Topic Area 3 of the FOA, please review the following from Section I. B., Topic Areas/Technical Areas of Interest (page 23) which states, “[u]nder Topic Area 3, DOE is soliciting applications to install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power (1) a single or multiple essential tribal facilities during emergency situations (Topic Area 3.a.) or to power (2) a substantial number of essential tribal facilities for tribal community resilience (Topic Area 3.b.) [Emphasis added].

As such, the intent of Topic Area 3 is for the installation of new generation as opposed to upgrades, unless, however, increased production resulting from the upgrades can be quantified and demonstrated as part of the application.

Also be aware that per Section I.B. relative to Topic Area 3 (beginning on page 23), “[e]ligible “integrated energy system(s)” under Topic Area 3 must, as a minimum, provide power for essential tribal facilities and must, as a minimum, include, (1) energy generating system(s) and (2) controls and management system(s), and may include (3) energy storage system(s). Although integrated energy system(s) must include as a minimum an energy generating system(s) and controls and management system(s) and may include energy storage system(s), some components may already exist and therefore, not all of the components need be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 3.” [Emphasis added]

2.  Each application will be reviewed per the Technical Review Criteria under Section V.A. of the FOA (page 75). There are no specific requirements limiting the percentage of costs for uninterruptible power supply (UPS) versus other elements of the system. However, there are limits on the amount of DOE funds per award depending on the Topic Area per Section II.A.A., Estimated Funding. For instance, under Topic Area 3.b. (Tribal Community Resilience), DOE funding per individual award varying from no less than $250,000 to a maximum of $2,000,000.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided we offer the following:

Please review the following from Section I. B., Topic Areas/Technical Areas of Interest (page 23) which states, “[u]nder Topic Area 3, DOE is soliciting applications to install integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power (1) a single or multiple essential tribal facilities during emergency situations (Topic Area 3.a.) or to power (2) a substantial number of essential tribal facilities for tribal community resilience (Topic Area 3.b.)” [Emphasis added].

As such, the intent of Topic Area 3 is for the installation of new generation as opposed to upgrades, unless, however, increased production resulting from the upgrades can be quantified and demonstrated as part of the application.

Also be aware that per Section I.B. relative to Topic Area 3 (beginning on page 23), “[e]ligible “integrated energy system(s)” under Topic Area 3 must, as a minimum, provide power for essential tribal facilities and must, as a minimum, include, (1) energy generating system(s) and (2) controls and management system(s), and may include (3) energy storage system(s). Although integrated energy system(s) must include as a minimum an energy generating system(s) and controls and management system(s) and may include energy storage system(s), some components may already exist and therefore, not all of the components need be proposed for DOE funding; however, the integrated energy system(s) as a whole must meet the requirements under Topic Area 3.” [Emphasis added]

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

 However, based on the limited information provided, we offer the following:

Section III. A. Eligible Applicants beginning on page 31 of the FOA, states “[o]nly the following types of Applicants are eligible to apply to this FOA. All Applicants will be required to provide eligibility statements and evidence (see Section IV.C.9.) to support DOE’s eligibility determination. DOE will not make sufficiency determinations prior to an application being submitted. Applicants who do not meet the requirements of this subsection will be deemed ineligible and their applications will not be reviewed or considered.” [Emphasis added]

Section III.A. further states, “[i]n accordance with EPAct 2005 authorities and consistent with 2 CFR 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.”

Section III. A. Eligible Applicants (Page 32) also defines Indian Tribe, Alaska Native Regional Corporation and Village Corporation as follows:

““Indian Tribe,” for purposes of this FOA, means any Indian tribe, band, nation or other organized group or community (including Alaska Native villages) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians (see below for further definition), and any Alaska Native Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. §§ 1601 et seq.].” [Emphasis added]  

And, for purposes of this FOA, “an eligible Indian tribe, band, nation or other organized group or community (including Alaska Native villages), must be federally recognized as listed in Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, published by the Department of Interior’s Bureau of Indian Affairs in the Federal Register on January 30, 2020, 85 FR 20.”

“For purposes of this FOA, “Alaska Native Regional Corporation” means one of the thirteen Alaska Native Regional Corporations, as defined in and established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. §§ 1602(g)).”

““Alaska Native Village Corporation” or “Village Corporation”, for purposes of this FOA, is as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. §§ 1602(J)).”

Samples of completed Subcontract Plan File(s) and/or a template are not available. However, we offer the following from Section IV. C. 20. (Page 67), a “Subcontract Plan is required if Subawardees (i.e., Subrecipients or Vendors) have not been selected. The Subcontract Plan should include a description of the selection process to be employed, statement of work, and criteria to be used for selection. The Subcontract Plan may be supplemented by excerpts of the Applicant’s procurement policy and procedures document.”

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following: 

Per Section I.B., Topic Areas/Technical Areas of Interest (beginning at the bottom of page 13), “[p]rojects proposed under Topic Area 1.b. can be for Tribal Buildings that are either grid-connected, or not grid-connected. Topic Area 3 can be for either: (1) integrated energy system(s) that are normally grid-connected, but can disconnect and function autonomously (independent of the traditional centralized electric power grid), or (2) integrated energy system(s) that normally operate autonomously (not connected to the traditional centralized electric power grid). Projects proposed under Topic Area 4 are intended for Tribal Buildings currently unelectrified.” [Emphasis added]

As you describe, a “microgrid, PV, and battery storage” for a remote village that is “not part of the traditional grid” may be eligible under Topic Area 3.b. (Tribal Community Resilience) if the proposed system is connected to the “autonomous village power system” and as such, powers a “substantial” number of essential tribal facilities within a community, or a “substantial” portion of the community’s energy load, or an entire tribal community, and meets the other requirements under that Topic Area. If, however, the proposed “microgrid, PV, and battery storage” system is intended to power only the fish processing plant facility and that building is considered essential, then Topic Area 3.a. (Powering Essential Tribal Facility(s)) may be one to explore. Based on your description of the proposed project it is not apparent that Topic Area 1.b. (Multiple Energy Efficiency Measures) and Topic Area 4 (Electrification of Tribal Buildings) would be applicable.

However, it is imperative you read each Topic Area carefully to determine which, if any, may be applicable to your proposed project.

As noted, the Office of Indian Energy is in the process of exploring the possibility of reducing the minimum cost share requirement for the subject FOA. The timing of such a decision is currently not known; however, if a decision is made to reduce the non-Federal cost share requirement, its provisions and methodology will be incorporated into the currently open FOA DE-FOA-0002317. At this time, the minimum non-federal cost share required remains at 50%.

Anyone who is registered in Grants.gov, has subscribed to the original Funding Opportunity Announcement (FOA) posting, and subscribed to opportunities will receive a notification via email of any changes to the FOA. For more information on how to subscribe in Grants.gov, see https://www.grants.gov/help/html/help/index.htm?callingApp=custom#t=Connect%2FSubscribeToOpportunities.htm.

Note that applications to this FOA will only be accepted in EERE Exchange; however, to be notified of any changes to the FOA, please subscribe to notifications in Grants.gov as described above.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following from the FOA:

Per Section III.A. (page 33), Tribal Lands include “lands held in fee simple (purchased or owned) by an Indian Tribe, Intertribal Organization, Tribal Energy Development Organization, or other eligible Applicant”. Therefore, if the Tribally-owned building(s), as defined in the FOA, are located on or are to be constructed on land owned by the Tribal Nation, those buildings and that land would be eligible.  

Under Topic Area 1 (page 15), “proposed installations must be for either: (1) Existing “Tribally-owned or controlled building(s)”; or (2) “Tribally-owned or controlled building(s)” that are currently being constructed or planned to be constructed during the proposed grant period.” However, under Topic Area 1.c., “an energy generating system(s) can be proposed in addition to a single or multiple EEMs, but must meet the requirements for both Topic Area 1.a. and Topic Area 1.b.”

Therefore, if only solar is planned to be installed on two of your tribally owned buildings, as described, and a single or multiple EEMS are not  included in your project plan, the project would not be eligible under Topic Area 1.c. (Energy Generation System(s) and Energy Efficiency Measure(s)). You may, however, wish to review the requirements for Topic Area 1.a. (Energy Generating System(s)), which is intended for energy generating system(s) only, such as solar.

Please note:  It is imperative that you read each Topic Area carefully to determine which, if any, may be applicable to your proposed project.

Per section III. F. Questions Regarding Eligibility: “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following: 

If, as described, the proposed project is to install an integrated energy system(s) for autonomous operation (independent of the traditional centralized electric power grid) to power a substantial number of essential tribal facilities for tribal community resilience, then Topic Area 3.b. may apply, provided all other requirements of that Topic Area are met.

1. DOE cannot advise you whether it is more economically advantageous for the Tribe to use the current electrical distribution system from the utility as opposed to running new lines. That decision must be made by the applicant.

    

2. In addition to the other requirements identified in the FOA, to be eligible under Topic Area 3.b., the project proposed must be “based on a feasibility study that clearly identifies the need and demonstrates the technical and economic viability of the proposed integrated energy system(s) and the feasibility study must be provided as part of the application”.

    

   The feasibility study, along with design and engineering information, and economics analysis, will form the basis for determining the technical and economic viability of the proposed project which accounts for a substantial portion of the technical rating and whether an application is recommended for funding. More information related to the required feasibility study and technical and economic viability can be found under Section IV.C.4.  (pages 50-55).

A letter signed by an authorized representative correcting only the Technical Point of Contact as a supplement to the executed Tribal Council Resolution is acceptable, provided the following items (with the exception of #5 below pertaining to the Technical Contacts) from Section IV.C.10. (beginning on page 60) are appropriately addressed in the Tribal Council Resolution:

“All Tribal Council Resolution(s), declarations, or resolutions must:

1.    Be specific to this FOA (title and number as shown on the cover page),

2.    Authorize the submittal of the application;

3.    Commit to the proposed project;

4.    Identify a representative of the Applicant as the Business Contact and authorize that person to act on behalf of the Applicant;

5.    Identify a representative of the Applicant as the Technical Contact (it is strongly recommended that the Technical Contact be a representative of the Applicant; however, if the Technical Contact is not a representative of the Applicant, authorization must be provided that delegates that authority to the proposed Technical Contact).

6.    Commit to the total amount of cost share (specific dollar amount or up to a maximum amount and percentage of total proposed project costs), regardless of the source of that cost share as the Applicant is ultimately and legally responsible for the entire amount of cost share;

7.    Identify the type of cost share being committed (cash if provided by the Applicant even if donated time, equipment use, unrecovered fringe benefit costs or unrecoverable indirect costs and either cash or in-kind if provided by a third party);

8.    Affirm that the project is on Tribal Land as that term is defined in this FOA (e.g., trust, tribally-owned fee, leased, Alaska Native Claims Settlement Act (ANCSA), or ANCSA land subsequently conveyed and held, invested, or managed on behalf of a Native village or Tribal government); and

9.    If applicable, that the building(s) are tribally-owned or controlled (Topic Area 1), Essential Tribal Facilities (Topic Area 3), or unelectrified tribally-owned or controlled buildings (Topic Area 4). “

1. Per section IV.H.2. Pre-Award Costs (page 71), “DOE does not guarantee or assume any obligation to reimburse costs where the Applicant incurred the costs prior to receiving written authorization from the Contracting Officer.” 

Additionally, as stated under Section C.IV.10. (page 61) and Section IV.C.11 (page 64), “[n]ote that "Cost Sharing" is not limited to cash investment. Allowable contributions (e.g., contribution of time, unrecovered indirect costs, facilities and administrative costs, rental value of buildings (not the purchase value), lease value of land or equipment (not the purchase value), and the value of a service, other resource, or third party in-kind contributions) incurred as part of the project may be considered as all or part of the cost share. Only cost share contributions made during the period of performance of the grant can be considered.” [Emphasis added]

Therefore, only the lease value of land or equipment contributed (or donated) to the project regardless of when it is purchased can be considered cost share. However, equipment purchased during the period of performance of the grant as part of the proposed project, is an allowable project cost and the value of that equipment must be included in the proposed project budget. Equipment that is purchased or leased during the period performance can also be considered as cost share.

2. Per section IV.C.16. Financial Audit (page 66), “[a]ll Applicants must provide a copy of the most recent financial audit. [Emphasis Added]. For non-profit entities, states, local governments, and educational institutions, a Single Audit is required. For for-profit entities, a copy of the most recent independent audit is required.

Also, see the response to Question 46 under the Frequently Asked questions (FAQs) that sates that “[a]n Indian tribe or any other eligible entity who is not required to obtain a ‘Single Audit’ due to expenditures of less than $750,000 in Federal funds during the entity’s fiscal year, is not exempt from submitting financial information as required under Section IV.C.16. of the FOA. In the absence of a ‘Single Audit’, the applicant must submit their most recent Financial Statements, including a statement that entity expended less than $750,000 in Federal funds in a fiscal year and therefore, not required to conduct a ‘Single Audit’.”

Therefore, based on the above, a cover letter from your auditors will not suffice for the requirement for this file; the entirety of the financial audit must be submitted.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided we offer the following:

Per Section I.B. Topic Areas/Technical Areas of Interest (beginning on the bottom of page 13), “[n]ote that projects to be proposed under Topic Area 1.a., Topic Area 1.c. and Topic Area 2 are intended solely for energy generating system(s) that are grid-connected. Projects proposed under Topic Area 1.b. can be for Tribal Buildings that are either grid-connected, ornot grid-connected. Topic Area 3 can be for either: (1) integrated energy system(s) that are normally grid-connected, but can disconnect and function autonomously (independent of the traditional centralized electric power grid), or(2) integrated energy system(s) that normally operate autonomously (not connected to the traditional centralized electric power grid). Projects proposed under Topic Area 4 are intended for Tribal Buildings currently unelectrified [Emphasis added].

Therefore, unless the Tribal building for which the electricity from the canopy solar is to be used is currently unelectrified, it would not be eligible under Topic Area 4 (Electrification of Tribal Buildings). Whereas, Topic Area 1.a. (Energy Generating System(s)) is intended solely for energy generating system(s) that are grid-connected, as you describe.  

Please note that under either Topic Area (pages 15 and 28), “[c]osts associated with the construction of a building(s) or structure(s) such as carports (unless integral to the energy system(s) being proposed) will not be considered by DOE for reimbursement or as cost share; only the incremental costs associated with the installation of energy generating system(s), energy storage system(s), integrated energy system(s), or energy efficiency measures will be considered allocable to the proposed DOE funded project.”

The costs associated with the mandatory 12 month verification period must be included in the proposed budget as part of the total proposed project costs. The costs associated with the verification period combined with all other project-related costs, will require at least a 50% cost share.

If the Tribal Utility is submitting an application on behalf of an Indian Tribe, it must do so as a “Tribal Organization,” as defined in the FOA (page 32) and below.  In that capacity, the Tribal Utility would be the Applicant and sign the Application for Federal Assistance (SF-424) and all other application forms. In addition to meeting the definition of a “Tribal Organization,” the Tribal Utility must meet all other requirements of the FOA, including providing evidence of its authority to submit the Application on behalf of the Indian Tribe and complying with the registration requirements as described in Section IV.E. (page 70). Specifically, “DOE may not make a federal award to an Applicant until the Applicant has complied with all applicable DUNS [Dunn and Bradstreet Universal Numbering System Number] and SAM [System for Award Management] requirements and, if an Applicant has not fully complied with the requirements prior to submitting an application, the DOE may determine that the Applicant is not qualified to receive a federal award and use that determination as a basis for not considering their application.”

Applications will not be reviewed prior to the submission deadline for applications designated on the cover page of the Funding Opportunity Announcement, which per Modification 0004 is September 30, 2020.

Per Section IV.A. (bottom of page 40), “[o]nce the application is submitted in EERE Exchange, Applicants may revise or update their application until the expiration of the applicable deadline. DOE urges Applicants to carefully review their applications and to allow sufficient time for the submission of required information and documents.”

1. No, only Tribal organizations are permitted to submit applications on behalf of eligible tribal applicants. Per Section III. A. Eligible Applicants (starting on page 31) of the Funding Opportunity Announcement (FOA), “[o]nly the following types of Applicants are eligible to apply to this FOA. All Applicants will be required to provide eligibility statements and evidence (see Section IV.C.9.) to support DOE’s eligibility determination. DOE will not make sufficiency determinations prior to an application being submitted. Applicants who do not meet the requirements of this subsection will be deemed ineligible and their applications will not be reviewed or considered.

    

   In accordance with EPAct 2005 authorities and consistent with 2 CFR 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.”

    

   Also under Section III.A. page 32, “[a]pplications may also be submitted on behalf of Indian Tribe(s) by an authorized “Tribal Organization”, provided evidence of that authority is included as part of the application.” See the definitions of “Tribal Organization” under Section III.A. or Appendix A of the FOA.

    

   Furthermore, per Section IV.C.4. of the FOA, “[t]he Applicant’s “Business Contact” and “Technical Contact” should be representatives of the Indian Tribe, Intertribal Organization, Tribal Energy Development Organization, or authorized Tribal Organization, if applicable. The Applicant’s “Business Contact” must be a representative of the Applicant authorized to act on behalf of the Applicant in the daily administration of the grant and to negotiate the agreement (not necessarily the signatory). Note that all DOE official written correspondence related to this FOA, or agreement, if one is awarded, would be addressed to the “Business Contact”. The Applicant’s “Technical Contact” is a person authorized to act as project manager on behalf of the Applicant and would be the prime point of contact for DOE’s Project Officer during the period of performance of the grant, if an agreement is awarded. It is strongly recommended that the Technical Contact be a representative of the applicant; however, if the Technical Contact is not a representative of the Applicant, authorization must be provided as part of the Commitment file that delegates that authority to the proposed Technical Contact.”

    

2. The Department of Energy will not advise on legal issues regarding business agreements between an Indian tribe and a financing party or lender.

    

3. Per Section III.B.1. (Legal Responsibility) of the FOA (page 36), “the Recipient is ultimately and legally responsible for the entire amount of cost share, if an award is made.” Section III.B.1 also states, “[t]he Recipient is solely responsible for managing cost share contributions by the Project Team and enforcing cost share obligation assumed by Project Team members in subawards or related agreements.” Regarding land used as cost share, see Question #56 under Frequently Asked Questions (FAQs) that specifically states that “only the lease value of land or equipment contributed (or donated) to the project regardless of when it is purchased can be considered cost share”, not the purchase value.

    

4. Generally, indirect costs are those costs not readily identified with a specific project or organizational activity but incurred for the joint benefit of both projects and other activities. Indirect costs are usually grouped into common pools and charged to benefiting objectives through an allocation process/indirect cost rate. Costs included in an indirect cost pool are specific to each entity and their entity type (for-profit, non-profit, hospital, States and Local Government and Indian Tribe government) and how that entity allocates direct and indirect costs. For more see 2 CFR 200 Subpart E, Cost Principles.

Indirect Rate inclusion for the FOA is detailed in the required Budget Justification file (IE 335). Per the Budget Justification file (IE 335), options for including indirect costs in an applicant’s budget include:

• Indirect Costs have been approved or negotiated with a federal government agency. Provide a copy of the approved or negotiated indirect rate agreement as an attachment in the Budget Support file.

• Indirect Costs are proposed with a federal government agency. Provide a copy of the approved or negotiated indirect rate agreement as an attachment in the Budget Support file.

• No Indirect Costs have been proposed. It is understood that Indirect Costs cannot later be requested for reimbursement or used as Cost Share.  

• A de minimis rate of 10% of the Modified Total Direct Cost (MTDC)* is being requested and the Applicant is not a State, local government or Indian tribe. It is understood that the proposed Indirect Costs cannot be used as Cost Share. Per Appendix VII to 2 CFR Part 200, States, local governments and Indian tribes are not allowed to use the 10% de minimis rate.

   

  *Modified Total Direct Cost (MTDC): Per §200.68 MTDC means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs.

As specified under Requirements for the Office of Indian Energy FOA’s (page 3) relative to Pre-award costs and Section III.B, Cost Sharing, “Except for pre-award costs with prior DOE approval, only cost share contributions made during the period of performance of the grant, if awarded, can be considered.”  [Emphasis added]

As with cost share, only costs incurred during the period of performance of the grant, can be considered for DOE reimbursement. Therefore, DOE funds cannot therefore, be set-aside in a fund that is ear-marked for future utility electric bills.

As specified under Requirements for the Office of Indian Energy FOAs (page 3) relative to Pre-award costs and Section III.B, Cost Sharing, “Except for pre-award costs with prior DOE approval, only cost share contributions made during the period of performance of the grant, if awarded, can be considered.” 

Per section IV.H.2. Pre-Award Costs (page 71), Pre-award costs cannot be incurred prior to the Selection Official making selections.”

Under that same section (page 71), please also review Pre-Award Costs Related to National Environmental Policy Act (NEPA) Requirements as “DOE’s decision whether and how to distribute federal funds under this FOA is subject to NEPA. Applicants should carefully consider and should seek legal counsel or other expert advice before taking any action related to the proposed project that would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE completing the NEPA review process.” Additionally, under Section, I.C., Applications Not of Interest, “[a]ny application where the Applicant has already taken irreversible actions regarding the proposed DOE funded project” Is not of interest.

Also, be aware that only the lease value of land for the period of the grant agreement can be considered, not the purchase value). See question 56 under FAQs

The Department shares your concerns regarding whether and how to apply the current statutory cost share requirement to this FOA, especially in light of the coronavirus (COVID-19).  The Office of Indian Energy is considering how to address cost sharing concerns, consistent with existing law and regulation that would be incorporated into the FOA and/or grant award(s). However, at this time the minimum cost share requirement remains at 50%.    

Based on the limited information provided we offer the following:

Per Section IV. 11. Participant letters of commitment and cost sharing file (page 63), “[l]etters of commitment and cost sharing are required from all other project participants (excluding Vendors). The letters must be specific to this FOA and if cost share is being committed, include a statement of the total amount and type of cost share being committed and a detailed estimate of the cash value (basis of and the nature of) of all contributions to the project by the project participant. Cost share must be available or accessible at the time of submission of the application, as described below. A written assurance (e.g., commitment) must be provided at the time of application submission. The written assurance (e.g., commitment) is a binding guarantee that funds are available or, with respect to the use of equipment, contributed labor hours, or unrecovered indirect costs, accessible. Cost share commitments cannot be dependent on some future event, such as receiving a grant, obtaining a loan, or securing an investor.”

Also, per page 5 of the FOA, “although the cost share requirement applies to the project as a whole (including work performed by members of the project team other than the Recipient) the Recipient is ultimately and legally responsible for the entire amount of cost share if an award is made.”

Please also be aware that due to Federal regulations (page 4 of the FOA), “title to equipment acquired under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The non-Federal entity cannot encumber this equipment without approval of the Federal awarding agency and must follow the requirements of 2 CFR 200.313 before disposing of the equipment.” Therefore, equipment to be purchased in whole, or in part, under a grant award (if one is awarded) cannot be used as collateral on a loan.

Based on the limited information provided, DOE cannot make a determination on the sufficiency of the cost share commitment statements. However, subject to the above restrictions on encumbering equipment, a written assurance (e.g., commitment) from a funding partner and/or bank to disperse funds upon confirmation of grant funding through DOE as a result of this FOA (if an award is made) appears to meet the intent of a cost share commitment for purposes of this FOA, provided those commitments are binding guarantees.

There is no maximum cost share that can be contributed or a limit on the project costs, provided the cost share is at least 50% of the total allowable costs of the project. However, the amount of DOE funds per award are limited as follow:

Per Section II.A.1., Estimated Funding (beginning on page 30), “[u]nder Topic Area 1 (Energy Efficiency Measure(s) or Energy Generating System(s) for Tribal Building(s)), DOE anticipates making two to four awards, with DOE funding per individual award varying from no less than $50,000 to a maximum of $1,000,000.“

Therefore, the maximum amount of DOE funding per individual award is a maximum of $1,000,000. If, for example, the maximum amount of DOE funds ($1,000,000) are being request, the minimum projects costs would be $2,000,000 since the cost share is a minimum of 50% of total allowable projects costs (minimum cost share is 50% of $2,000,000, or $1,000,000). However, since there is no limit to the amount of cost share, the projects costs could exceed the minimum of $2,000,000 in the example above. 

Please also see Appendix B – Cost Share Information on page 102 of the FOA document for examples on how to calculate cost share.

As federal employees, we must act impartially and not give preferential treatment to any private organization or individual, especially relative to a competitive funding opportunity announcement. Furthermore, Indian tribes or tribal entities must follow their own procurement policy when assessing third-party vendors, and it is at their discretion who they choose to engage in business arrangements. Given the above and the respect we have for tribal sovereignty, DOE will not recommend or provide referrals for any organization.

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 (SF-424) must be physically signed by an authorized representative of the eligible applicant as defined in the FOA and scanned prior to uploading to EERE Exchange. As an electronic (digital) signature would be invalid if the application was uploaded by proxy, it is essential that the Application for Federal Assistance (SF-424) is physically signed, scanned, and uploaded. Additionally, all entries in Exchange and the application itself must be as if completed and uploaded by the eligible applicant.

  
Sharing permissions (see page 10 of the EERE eXCHANGE Applicant 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 3 of the FOA and Section VI.B., Registration Requirements, beginning on page 80 of the FOA.

Per Section I. Funding Opportunity Description B. Topic Areas/Technical Areas of Interest (page 16), for Topic Area 1, “Verification of the actual energy saved and displaced annually (amount, cost, and percentage) will be required for a minimum of 12 months after installation of the energy generating system(s), and a description of those verification methods must be included as part of the Technical Volume and the activity included as part of the Workplan (see Section IV.C., Content and Form of the Application).” For similar requirements for Topic Area 2 and Topic Area 3, see pages 20 and 24.  

Therefore, the mandatory 12-month verification period is to verify and document the actual energy generated, saved or displaced annually after the installation of an energy system resulting from the subject funding opportunity announcement, not to baseline the energy usage so that a feasibility study can be performed.

1. It is anticipated that the Office of Indian Energy will continue to offer funding opportunities, however, funding is subject to annual Congressional appropriations and, as such, it is not possible to predict when the next opportunity will be made available or what type of projects or activities will be solicited. To be notified of future funding opportunities, please be sure to sign up for the Office of Indian Energy’s listserv at the bottom-right corner of our website at http://www.energy.gov/indianenergy/office-indian-energy-policy-and-programs or for current funding opportunities, see our funding page at http://energy.gov/indianenergy/funding.​

    

   Also, specifically see Question #3 on the FOA Frequently Asked questions (FAQs) webpage at https://eere-exchange.energy.gov/FAQ.aspx?FoaId=a116cfde-ddb2-4129-94b4-1c7c36340b8c.

    

2. Per section III. F. Questions Regarding Eligibility (page 39), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

    

   However, based on the limited information provided, we offer the following:

    

   In addition to the other requirements identified in the FOA, the project proposed must be based on a feasibility study that identifies the need and demonstrates the availability of the resource and the technical and economic viability of the proposed [project] and the feasibility study must be provided as part of the application” (see pages 16, 19, 21, 22, 25, 26, and 28). [Emphasis added]

    

   The feasibility study, along with design and engineering information, and economics analysis, will form the basis for determining the technical and economic viability of the proposed project which accounts for a substantial portion of the technical rating and whether an application is recommended for funding. More information related to the required feasibility study and technical and economic viability can be found under Section IV.C.4.  (pages 50-55).

    

   Regarding the Options Analysis, “[s]uch an analysis is intended to explore all feasible technology alternatives (e.g., conventional technologies, renewable technologies, energy efficiency measure(s), integrated energy system(s), energy infrastructure) and provide evidence that the proposed project choice can actually be implemented and is the best option available among all feasible alternatives.” [Emphasis added]

    

   Also, specifically see Question #54 on the FOA Frequently Asked questions (FAQs) webpage at https://eere-exchange.energy.gov/FAQ.aspx?FoaId=a116cfde-ddb2-4129-94b4-1c7c36340b8c.

    

The DOE Office of Indian Energy has a list current funding opportunities, including DOE sources and external sources of funding, on our website located here and distribute that information on our listserv which can be joined on our homepage. Regarding potential sources of funding for feasibility studies, the Department of Interior (DOI) currently has an Energy and Mineral Development Program (DEMP) grant opportunity which may be of interest and can be found on DOE’s Office of Indian Energy’s current funding opportunities page at the link above. You may also see ongoing opportunities at the bottom of the current funding opportunities page for other sources of funding, loan guarantees, and technical assistance.

Information related to the Funding Opportunity Announcement (FOA) DE-FOA-0002317 can be found here. This particular FOA is for the installation of energy systems and infrastructure.

1) FORMATTING: Each specific file must be consecutively numbered, not number consecutively with other files (e.g., Technical Volume numbered pages 1 through 15 and Workplan numbered pages 1 through 5).

2)  TRAVEL: For budgetary purposes, 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 Office of Indian Energy website at https://www.energy.gov/indianenergy/projects/program-review.

DOE requests that at least one representative of the applicant attend and present; however, a couple of representatives may be necessary depending on the nature or phase of the project, with some recipients requesting contractor representatives attend. 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 interim or final results.

Per section I. B. Topic Areas/Technical Areas of Interest of the FOA (Page 13): Travel costs for this annual review (one-week in duration plus travel days) must be included, for each year of the grant, in the proposed budget, including the year the initial award is anticipated.  The reviews are generally held in the Fall and therefore, the number of reviews proposed will depend on the start and end dates of the grant. 

3)  VERIFICATION PERIOD: Per Appendix C – Workplan Format of the FOA (page 110) the task details of the 12 month verification require the following: Explicitly describe methods to be used during the mandatory 12 month verification period to verify the energy saved, energy generated, performance of the system, and outcomes.

4) COST SHARE: The amount of cost share is based on funds expended and provided as a percentage of the total project costs in each invoice period for the duration of the project period, or otherwise on a  pro-rata basis per invoice. Therefore, if the entirety of approved DOE funds are not expended, then the cost share amount would be the percentage of actual project costs expended approved in the terms and conditions of the award, if one is made. In the example provided, the cost share amount would be 50% of the total project costs of $180,000, or $90,000; the grantee would not be required to contribute any more than 50% of the actual project costs expended (e.g., $90,000).

State recognized tribes are not an eligible applicant under this Funding Opportunity Announcement (FOA). Frequently Asked Question #49, states:

Section III. A. Eligible Applicants beginning on page 31 of the FOA, states “[o]nly the following types of Applicants are eligible to apply to this FOA. All Applicants will be required to provide eligibility statements and evidence (see Section IV.C.9.) to support DOE’s eligibility determination. DOE will not make sufficiency determinations prior to an application being submitted. Applicants who do not meet the requirements of this subsection will be deemed ineligible and their applications will not be reviewed or considered.” [Emphasis added]

Section III.A. further states, “[i]n accordance with EPAct 2005 authorities and consistent with 2 CFR 910.126(b), eligibility for award under this FOA is restricted to: (1) an Indian Tribe; (2) Intertribal Organization; or (3) Tribal Energy Development Organization; and (4) on whose Tribal Lands the project(s) will be located.”

Section III. A. Eligible Applicants (Page 32) also defines Indian Tribe, Alaska Native Regional Corporation and Village Corporation as follows:

““Indian Tribe,” for purposes of this FOA, means any Indian tribe, band, nation or other organized group or community (including Alaska Native villages) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians (see below for further definition), and any Alaska Native Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. §§ 1601 et seq.].” [Emphasis added]  

And, for purposes of this FOA, “an eligible Indian tribe, band, nation or other organized group or community (including Alaska Native villages), must be federally recognized as listed in Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, published by the Department of Interior’s Bureau of Indian Affairs in the Federal Register on January 30, 2020, 85 FR 20.”

DOE just announced a formalized process for determinations of cost share reduction requests for Office of Indian energy awards. For more information on the process of how eligible entities can request a reduction in cost share, see the Office of Indian Energy website.

Applications that do not meet the minimum requirements of the Funding Opportunity Announcement, including the minimum DOE funding per individual award, will not be considered.

Per the FOA Executive Summary (Page 1):

DOE funding per individual award will range from:

(1) no less than $50,000 to maximum of $1,000,000 for Topic Area 1,

(2) no less than $250,000 to a maximum of $2,000,000 for Topic Area 2,

(3) no less than $50,000 to a maximum of $1,000,000 for Topic Area 3.a.,

(4) no less than $250,000 to a maximum of $2,000,000 for Topic Area 3.b, and

(5) no less than $250,000 to a maximum of $2,000,000 for Topic Area 4

Also, see Section II.a.1., Estimated Funding, for those same requirements of the minimum and maximum amount of DOE funding per individual award by Topic Area.

Therefore, applications for less than $50,000 in requested DOE funding will not be considered for Topic Area 1 and Topic Area 3.a., and applications for less than $250,000 in DOE funding for Topic Area 2, Topic Area 3.b., and Topic Area 4  will not be considered.

Per the Eligibility section of the Cost Share Reduction Request Process webpage:

Requests to reduce (not eliminate) the non-federal cost share requirement may be submitted for:

(1) eligible open obligations (active financial assistance agreements),

(2) obligations made for applications previously selected for negotiation of award under Office of Indian Energy Funding Opportunity Announcement (FOA) DE-FOA-0002168, and

(3) obligations made for awards resulting from the currently open FOA DE-FOA-0002317, and those requests will be expedited through this formalized process.

Based on #3 above, potential applicants to the currently open FOA DE-FOA-0002317 are eligible to submit a request.

For more information on the process of how eligible entities can request a reduction in cost share, including the Cost Share Reduction Request Template and instructions, see the Office of Indian Energy website.

Please also be aware that the submission deadline for applications has been extended to February 11, 2021. This extension is to allow those tribal communities dealing with COVID the opportunity to respond to this FOA, and to allow those interested in requesting a reduction in cost share to do so. 

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided we offer the following:

Per Section III.A., “Tribal Lands,” for purposes of this FOA, is defined as:

(a) ”Indian land” (see definition below);

(b) lands held in fee simple (purchased or owned) by an Indian Tribe, Intertribal

Organization, Tribal Energy Development Organization, or other eligible Applicant;

(c) lands held under a long‐term land lease (as a minimum, for the useful life of the

proposed project) by an Indian Tribe, Tribal Energy Development Organization, or other

eligible Applicant; and [Emphasis added].

(d) 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.

“Indian land,” for purposes of this FOA, means –

(a) any land which is located within the boundaries of an “Indian reservation” (see

definition below), pueblo, or rancheria:

(b) any land not located within the 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; and

(iv) 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.

Therefore, based on the above, City land would not be eligible as Tribal Lands unless the lands were held in fee simple or held under a long-term land lease by the Indian Tribe, Tribal Energy Development Organization, or other eligible Applicant, or met one of the other definitions above.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

All entity types, including Universities, are eligible to participate as a subrecipient (subaward) or vendor (contractor). However, per Section IV.C.4. of the funding opportunity announcement (page 56), “if your application is selected for negotiation toward an award, any sole source contracts will need to be approved by DOE."

Additionally, as described in the Budget Support File:  the Code of Federal Regulations (2 CFR 200) requires competition to the maximum extent practical. The applicant must explain how each of the entities included under the Contractual cost category of the Budget Justification form (IE 335) were selected. If any of these entities were selected non-competitively, per 2 CFR 200.317(f)(3), the applicant must submit a separate formal request signed by an authorized representative and addressed to the Contracting Officer to approve the non-competitive selection(s). Include those requests as part of the Budget Support file as required per this Funding Opportunity Announcement (FOA). The approval request should be on the Applicant’s letterhead and include the justification for each of the sole source selection(s), including: (1) any unique or exclusive qualifications; (2) time urgency, if any; (3) past working relationships; and (4) any other rationale.

Based on the limited information provided, we offer the following:

As the electricity price provided will be compared to the average residential price of electricity in your state, it is important that the electricity price you provide be a residential rate, and not a commercial or industrial rate.

Per the instructions, “[i]f your proposed project includes sites in multiple tribal communities (i.e., Reservations, Alaska Native Villages, Tribal Jurisdictional Areas), you will need to provide a separate electricity price for each tribal community and record the data for each community on the Cost Share Reduction Request Form.” The instructions also state, “[i]f your proposed project includes sites in multiple tribal communities (i.e., Reservations, Alaska Native Villages, Tribal Jurisdictional Areas), you will need to provide the unemployment rate for each tribal community and record the data for each community on the Cost Share Reduction Request Form.”

Based on the above, if each community is in a different area as described, you should provide the best available electricity price and unemployment data for each community to be proposed as a project site. Also, feel free to offer an explanation of the data provided on the form.

1. As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

• For energy generating systems, such as wind, for a tribal buildings (e.g., one to two homes), you may want to review Topic Area 1.a. (Energy Generating system(s)) to see if such a project would meet the requirements of that Topic Area.

• Harvesting and wood pellet production would not meet the intent of the FOA, which is intended for the installation of energy technology for energy generation, energy efficiency, storage or electrification.

• For the installation (not the final design) of a solar carport at the Tribal Community Center, please refer to Topic Area 1.a. (Energy Generating system(s)) to see if such a project would meet the requirements of that Topic Area. Per Section I.A. of the FOA (page 15), “Costs associated with the construction of a building(s) or structure(s) such as carports (unless integral to the energy system(s) being proposed) will not be considered by DOE for reimbursement or as cost share; only the incremental costs associated with the installation of energy generating system(s), energy storage system(s), integrated energy system(s), or energy efficiency measures will be considered allocable to the proposed DOE funded project.”

2. The required documents for this FOA can be found under Application elements on page 6 and are detailed in Section IV.C. beginning on page 41. Forms and templates associated with this FOA can be obtained from EERE Exchange. However, the other elements of the application are self-generated. Please review Section IV.C. for information on the content and form of the application. A webinar was conducted for potential applicants which may also be helpful. To begin the application process, you would click “Apply” on EERE Exchange. Applications will only be accepted through EERE Exchange, not Grants.gov.

3. Based on the limited information provided we offer the following:

Per the FOA (page 15 or Appendix A), ““Tribally‐owned or controlled building(s),” for purposes of this FOA, is a building or buildings where the eligible entity has the authority to augment or modify the building and where the building is either owned by the eligible entity or tribal members, or the eligible entity has a long‐term lease (as a minimum, for the useful life of the proposed project). “Tribal Building(s)” may include, but are not limited to, tribal member homes, schools, community buildings, clinics/hospitals, tribal government buildings, fire stations, police stations, radio stations, washaterias, utility facilities (such as water/waste water systems), tribal casinos, or tribal businesses.”

Section III.A., “Tribal Lands,” provides a detailed definition of Tribal Lands. Please review the definition to determine land eligibility. The Tribal Community Center would need to meet the requirements of a “Tribally-owned or controlled building” and be on Tribal Lands as defined under Section III.A. to be eligible.

Based on the limited information provided, we offer the following:

Per Section I.C. of the Funding Opportunity Announcement (FOA), “Applications proposing studies, design and engineering (excluding final design and engineering), or development (pre‐construction) activities; or any other activity which does not directly result in the installation of equipment to generate electricity and/or heating or cooling, reduce energy use, or enhance energy storage and delivery infrastructure” are not of interest and will not be considered.

Based on the above, design and engineering (except final design and engineering) is expected to be complete prior to submitting an application to the subject FOA and included as part of any application. As such, only the construction aspect of the project as described might be eligible under this FOA.

The Office of Indian Energy cannot consider granting approval for pre-award costs until after an application has been selected for award negotiations, and no costs expended prior to selection for award negotiations can be considered. If the application is selected for award negations, expected next spring, pre-award costs can be requested by submitting a letter to the Contracting Officer or DOE Project Officer requesting approval of pre-award costs to be incurred from the date of selection for award negotiations until award execution, including a description of the costs incurred prior to award execution.

Per the coversheet of the Funding Opportunity Announcement (FOA), Selection notifications are expected in the Spring with negotiations occurring during an approximate 90 day window after selection and after receipt of any requested supplemental information. Note that these are timeframes are only estimates and can be impacted by both internal and external factors. If selected for award, the start date will be determined during the negotiation of the award.

Per Section IV. Application and Submission Information A. Application Process [Page 40]: Once the application is submitted in EERE Exchange, Applicants may revise or update their application until the expiration of the applicable deadline.

Per the FOA Summary on page 2, “Applicants may submit more than one application to this FOA (including more than one application under a particular Topic Area), provided each application is for a distinctively different project and each application addresses only one Topic Area. Each application must have a distinct title, unique Control Number as assigned by EERE Exchange during the registration process, and be readily distinguishable.”

Therefore, based on the above, you may revise or update the application submitted until the application deadline and you may submit another application, provided each application is for a distinctively different project and each application addresses only one Topic Area. Please only update or revise the application submitted, rather than resubmitting a duplicate application.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

Per section III. Eligibility Information B. Cost Sharing of the Funding Opportunity Announcement (FOA) (page 34): All cost share must come from non-federal sources and be clearly identified in the application, unless otherwise allowed by law (see note below and Appendix B). See 2 CFR 200.306 and 2 CFR 910.130 for the applicable cost sharing  requirements. Failure to meet the requirements of this subsection may result in your  application not being reviewed or considered.

Continued on page 35 of the FOA: If funds from a federal source are being proposed either as additional federal funds against the  total project costs or as non‐federal cost share, as allowed by law, the Applicant must provide a  commitment letter from the federal agency as part of the application that specifically  commits those funds and identifies the statutory authority that allows those funds to be used  for the project being proposed. Additionally, if those funds are to be used as non‐federal cost  share, the commitment letter must also include the excerpt from the statutory authority that  allows those funds to be used as non‐federal cost share. These commitment letters will be  reviewed to determine allowability, by DOE Legal Counsel and the Contracting Officer, prior to  accepting funds as either additional federal project funds or non‐federal cost share from other  federal sources. 

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

Technical assistance can be requested at any time and can be requested through the Office of Indian Energy at website. Visit that link for the types of Technical Assistance offered and to submit a request. Be aware, however, that technical assistance is not offered to assist in preparing for or applying to a Funding Opportunity Announcements (FOA). The excerpt in the currently open FOA DE-FOA-0002317  under Section I.B. Topic Areas/Technical Areas of Interest (page 11) is as follows:

“Furthermore, to increase the deployment of energy infrastructure on Tribal Lands, the DOE’s Office of Indian Energy may, upon request, provide technical assistance to all eligible Applicants who apply under this FOA on a priority basis over those who do not apply to this FOA, if DOE’s Office of Indian Energy determines it to be within scope and budget.” [Emphasis added]

As such, those who apply to this FOA may receive technical assistance on a priority bases; however, you may request technical assistance at any time. [Emphasis added]

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following: 

Per Section I.B., Topic Areas/Technical Areas of Interest (beginning at the bottom of page 13), Note that projects to be proposed under Topic Area 1.a., Topic Area 1.c. and Topic Area 2 are  intended solely for energy generating system(s) that are grid‐connected. Projects proposed under Topic Area 1.b. can be for Tribal Buildings that are either grid-connected, or not grid-connected. Topic Area 3 can be for either: (1) integrated energy system(s) that are normally grid-connected, but can disconnect and function autonomously (independent of the traditional centralized electric power grid), or (2) integrated energy system(s) that normally operate autonomously (not connected to the traditional centralized electric power grid). Projects proposed under Topic Area 4 are intended for Tribal Buildings currently unelectrified.” [Emphasis added]

As you describe, an “integrated energy system that includes both solar PV generation and battery storage on an islanded microgrid in rural Alaska” may be eligible under Topic Area 3.b. (Tribal Community Resilience) if the proposed system powers a “substantial” number of essential tribal facilities within a community, or a “substantial” portion of the community’s energy load, or an entire tribal community, and meets the other requirements under that Topic Area.

However, it is imperative you read each Topic Area carefully to determine which, if any, may be applicable to your proposed project.

The Indian Land definition included under Section 8013 of the Energy Act of 2020 will not apply to current Funding Opportunity Announcement (FOA) DE-FOA- 0002317. However, it will be incorporated into any future FOAs issued by the Office of Indian Energy.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided we offer the following:

Although we encourage clean-up of contaminated sites, the risks associated with such a project make DOE’s funding of a Superfund site project costly and subject to intensive environmental review, as required by the National Environmental Policy Act. Consequently, under this FOA, projects proposed for construction on a Superfund site will not be considered.

Merit review criteria is included under Section V of the FOA (pages 75-77), none of which provide any consideration or other merit points for a development on a Superfund site.

If equipment is to be purchased directly by the Applicant, it should be included under the Equipment cost category (Tab d of the Budget Justification Workbook (IE 335). If the Applicant will be issuing a contract solely to install that equipment, those installation costs would be recorded under Contractual (Tab f). If, however, the Applicant is contracting out both the purchase and the installation of the equipment or system, those costs should be recorded under Contractual. Costs would be addressed similarly by cost category (i.e., Equipment, Contractual, etc.) in the Budget Support file.

If the Applicant is providing cash as cost share it is not associated with a particular cost element, but rather shared across all project costs, and therefore is reflected as a single line item entry. Be aware that if your application is selected for negotiation, we will work with you to clarify, supplement, or classify costs, as needed. Therefore, please complete the form to the best of your abilities and provide the requested support for the costs being proposed.

There is no process for submitting or accepting a revised cost share reduction request. The cost share reduction determination was made relative to the general scope and project costs provided as part of the applicant’s request. As such, if selected for negotiation of award, the proposed project will be evaluated relative to the cost share reduction determination to decide whether the proposed project scope and budget are consistent with the Deputy Secretary of Energy’s determination and, if not, a decision will be made at that time whether the additional budget would be shared at the reduced cost share or at the statutory minimum of 50%.

Please also be aware that if your application is selected for negotiation, we will work with you to finalize a mutually acceptable scope and budget.

There are no plans to extend the Funding Opportunity Announcement (FOA) application submittal deadline of February 11, 2021 as the FOA has been open since March 27, 2020 and extended a number of times specifically to allow additional time for those impacted by the COVID-19 pandemic. However, you may consider subscribing to our listserv for future opportunities either through our Office or other agencies and entities. If interested, you may subscribe on the DOE Office of Indian Energy website at https://www.energy.gov/indianenergy/office-indian-energy-policy-and-programs under our main contact number. 

If the FOA due date is extended, however, anyone who is registered in grants.gov, has subscribed to the original FOA posting, and subscribe to opportunities, will receive a notification via email. For more information on how to subscribe in Grants.gov, see https://www.grants.gov/help/html/help/index.htm?callingApp=custom#t=Connect%2FSubscribeToOpportunities.htm. Note that application will not be accepted through Grants.gov. Only complete applications submitted to EERE Exchange by the due date, will be considered.”

The cost share reduction determination was based on the estimated project costs provided in your request and the associated DOE share is limited by that determination, not the maximum DOE funding per award (e.g., grant ceiling) specified in the Funding Opportunity Announcement (FOA). For instance, if your project costs were estimated at $4 million and you received a cost share reduction to 25%, the resultant cost share would be $1 million and the DOE share that could be requested under the FOA would be $3 million.

As stated in Section III.F. Questions Regarding Eligibility (page 39) of the Funding Opportunity Announcement (FOA), “DOE will not make eligibility determinations for potential Applicants prior to the date on which applications to this FOA must be submitted. The decision of whether to submit an application in response to this FOA lies solely with the Applicant.”

However, based on the limited information provided, we offer the following:

Section I.C., Applications Specifically Not of Interest, beginning on page 29 of the Funding Opportunity Announcement (FOA) states that the “following types of applications will be deemed nonresponsive and will not be reviewed or considered (See Section III.D. of the FOA):

• Applications proposing studies, design and engineering (excluding final design and engineering), or development (pre‐construction) activities; or any other activity which does not directly result in the installation of equipment to generate electricity and/or heating or cooling, reduce energy use, or enhance energy storage and delivery infrastructure.

• Applications proposing the evaluation of product marketing opportunities, assessment of manufacturing opportunities, research, design and engineering (excluding final design and engineering), product development, or the construction of manufacturing facilities or buildings.” [Emphasis added]        

Therefore, based on the above, design and engineering, unless it is final design and engineering, will not be considered.