DE-FOA-0002912 BIL WAP Enhancement and Innovation.pdf

i

U.S. Department of Energy (DOE)

State and Community Energy Programs

Bipartisan Infrastructure Law WAP Enhancement & Innovation

Funding Opportunity Announcement (FOA) Number: DE-FOA-0002912 FOA Type: Initial

Assistance Listing Number: 81.042

FOA Issue Date: 06/27/2023 Informational Webinar: 07/20/2023 2:00pm ET Submission Deadline for Concept Papers: 08/31/2023 5:00pm ET Submission Deadline for Full Applications: 01/05/2024 5:00pm ET Expected Submission Deadline for Replies to Reviewer Comments: 02/16/2024 5:00pm ET Expected Date for DOE Selection Notifications: 05/31/2024 Expected Timeframe for Award Negotiations: 06/01 – 09/30/2024

Executive Summary

Program Overview This Funding Opportunity Announcement (FOA) is for the Weatherization Assistance Program (WAP) Enhancement & Innovation grant, in support of Section 40551 of the Bipartisan Infrastructure Law (BIL), issued by the U.S. Department of Energy (DOE)’s Office of State and Community Energy Programs (SCEP). This FOA provides $25 million in competitive funding for WAP Grantees and Subgrantees (state, local, or Tribal governments) and non-profit organizations, with a $2 million maximum per award.

This FOA seeks applications to expand the impact of DOE's existing residential weatherization programs by utilizing leveraged resources and enhanced community partnerships to perform deep energy retrofits of low-income residential buildings and empower local community representation within the energy workforce. DOE seeks proposals that drive innovative approaches to program coordination and service delivery, while fostering the collaboration of dynamic and diverse teams.

Applicants can apply for one of the following three topic areas:

1) Multifamily Housing

2) Single Family and Manufactured Housing

3) Workforce Development ii

While cost share is not required, applicants are encouraged to use awarded E&I funds in conjunction with DOE WAP formula awards and leverage other funding sources to deploy demonstration projects that have potential to be scaled nationally, enhance the benefits realized by underserved communities, and accelerate an equitable transition to a clean-energy economy.

Application Process To be considered for this funding opportunity, applicants must:

1. Submit a Concept Paper. Concept papers are brief descriptions of the project proposal, team members, and requested budget amount. DOE will review the concepts and either encourage or discourage applicants to submit a full application. Applicants may submit a full application regardless of whether they are encouraged or discouraged to do so.

2. Submit a Full Application. Full applications will go into further details of the project proposal, team qualifications, budget and workplan, and community benefits plan.

SCEP will host and record an informational webinar to walk interested stakeholders through the WAP E&I FOA application process.

Questions? Ask us at Weatherization.Innovation@hq.doe.gov.

https://us06web.zoom.us/j/85053739593?pwd=MEFrMkFSN2VZVEZpWk42azBDeDdSZz09 mailto:Weatherization.Innovation@hq.doe.gov iii

Table of Contents Table of Contents.................................................................................................................................................. iii

I. Funding Opportunity Description

A. Background and Context

i. Program Purpose

ii. Strategic Goals

B. Topic Areas

i. Topic Area 1: Multifamily Housing

ii. Topic Area 2: Single Family & Manufactured Housing

iii. Topic Area 3: Workforce Development

C. FOA Objectives D. Allowable Activities E. Additional Requirements F. Applications Specifically Not of Interest G. Community Benefits Plan H. Authorizing Statutes I. Notice of Bipartisan Infrastructure Law-Specific Requirements

II. Award Information

A. Award Overview

i. Estimated Funding

ii. Period of Performance

iii. New Applications Only

B. DOE Funding Agreements

i. Grant Awards

ii. Funding Agreements with Federally Funded Research and Development Center (FFRDCs)

III. Eligibility Information

A. Eligible Applicants

i. Domestic Entities

ii. Foreign Entities

B. Cost Sharing C. Compliance Criteria D. Responsiveness Criteria E. Other Eligibility Requirements

i. Requirements for non-DOE/NNSA FFRDCs Included as a Subrecipient F. Limitation on Number of Concept Papers and Full Applications Eligible for Review G. Questions Regarding Eligibility

IV. Application and Submission Information

A. Application Process

i. Additional Information on the Clean Energy Infrastructure eXCHANGE

B. Application Forms C. Content and Form of the Concept Paper D. Content and Form of the Full Application

i. Project Narrative

ii. Community Benefits Plan

iii. Letters of Commitment

iv. Resumes

v. Budget Information iv

vi. Summary/Abstract for Public Release

vii. Summary Slide

viii. SF-424: Application for Federal Assistance

ix. SF-LLL: Disclosure of Lobbying Activities

x. Foreign Entity Waiver Requests and Foreign Work Waiver Requests (if applicable)

xi. Potentially Duplicate Funding Notice (if applicable)

E. Post Selection Information Requests

i. Statement of Project Objectives (SOPO)

ii. Full Budget Justification Workbook

iii. Subrecipient Budget Justification (if applicable)

F. Content and Form of Replies to Reviewers Comments G. Unique Entity Identifier (UEI) and System for Award Management (SAM) H. Submission Dates and Times I. Intergovernmental Review J. Funding Restrictions

i. Allowable Costs

ii. Pre-Award Costs

iii. Performance of Work in the United States (Foreign Work Waiver)

iv. Construction

v. Foreign Travel

vi. Equipment and Supplies

vii. Buy America Requirements for Infrastructure Projects

viii. Davis-Bacon Act Requirements

ix. Lobbying

x. Risk Assessment

xi. Invoice Review and Approval

xii. Prohibition Related to Foreign Government-Sponsored Talent Recruitment Programs

xiii. Affirmative Action and Pay Transparency Requirements

xiv. Foreign Collaboration Considerations

V. Application Review Information

A. Technical Review Criteria

i. Concept Papers

ii. Full Applications

iii. Criteria for Replies to Reviewer Comments

B. Standards for Application Evaluation C. Other Selection Factors

i. Program Policy Factors D. Evaluation and Selection Process

i. Overview

ii. Recipient Responsibility and Qualifications

iii. Selection

E. Anticipated Notice of Selection and Award Negotiation Dates

VI. Award Administration Information

A. Award Notices

i. Ineligible Submissions

ii. Concept Paper Notifications

iii. Full Application Notifications

iv. Applicants Selected for Negotiation

v. Alternate Selection Determinations

vi. Unsuccessful Applicants

B. Administrative and National Policy Requirements v

i. Registration Requirements

ii. Award Administrative Requirements

iii. Foreign National Participation

iv. Subaward and Executive Reporting

v. National Policy Requirements

vi. Environmental Review in Accordance with National Environmental Policy Act (NEPA)

vii. Historic Preservation

viii. Flood Resilience

ix. Applicant Representations and Certifications

x. Statement of Federal Stewardship

xi. Subject Invention Utilization Reporting

xii. Intellectual Property Provisions

xiii. Reporting

xiv. Conference Spending

xv. Uniform Commercial Code (UCC) Financing Statements

xvi. Implementation of Executive Order 13798, Promoting Free Speech and Religious Liberty

xvii. Participants and Collaborating Organizations

xviii. U.S. Manufacturing Commitments

xix. Interim Conflict of Interest Policy for Financial Assistance

xx. Fraud, Waste and Abuse

VII. Questions/Agency Contacts

VIII. Other Information

A. FOA Modifications B. Government Right to Reject or Negotiate C. Commitment of Public Funds D. Treatment of Application Information E. Evaluation and Administration by Non-Federal Personnel F. Notice Regarding Eligible/Ineligible Activities G. Notice of Right to Conduct a Review of Financial Capability H. Requirement for Full and Complete Disclosure I. Retention of Submissions J. Title to Subject Inventions K. Government Rights in Subject Inventions L. Rights in Technical Data M. Copyright N. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment O. Personally Identifiable Information (PII) P. Annual Independent Audits Q. Informational Webinar

Appendix A – Waiver Requests For: 1. Foreign Entity Participation; and 2. Foreign Work

Appendix B – Required Use of American Iron, Steel, Manufactured Products, and Construction Materials

Appendix C – Community Benefits Plan Additional Guidance

Appendix D – Community Benefits Plan Template

Appendix E – List of Acronyms vi

Important Notes:

• Applicants must submit a Concept Paper by 5:00pm ET on the due date listed on the cover page to be eligible to submit a Full Application.

• To apply to this FOA, applicants must register with and submit application materials through the Clean Energy Infrastructure eXCHANGE at https://infrastructure-exchange.energy.gov/, DOE’s online application portal.

• Applicants must designate primary and backup points-of-contact in the Clean Energy

Infrastructure eXCHANGE with whom DOE will communicate to conduct award negotiations. If an application is selected for award negotiations, it is not a commitment to issue an award. It is imperative that the applicant/selectee be responsive during award negotiations and meet negotiation deadlines. Failure to do so may result in cancelation of further award negotiations and rescission of the selection.

• Unique Entity Identifier (UEI) and System for Award Management (SAM) - Each applicant (unless the applicant is excepted from those requirements under 2 CFR 25.110) is required to: (1) Be registered in the SAM at https://www.sam.gov before submitting its application, (2) provide a valid UEI number in its application, and (3) continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. DOE may not make a federal award to an applicant until the applicant has complied with all applicable UEI and SAM requirements and, if an applicant has not fully complied with the requirements by the time DOE is ready to make a federal award, the DOE will determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

NOTE: Due to the high demand of UEI requests and SAM registrations, entity legal business name and address validations are taking longer than expected to process. Entities should start the UEI and SAM registration process as soon as possible. If entities have technical difficulties with the UEI validation or SAM registration process, they should utilize the HELP feature on SAM.gov. SAM.gov will work entity service tickets in the order in which they are received and asks that entities not create multiple service tickets for the same request or technical issue. Additional entity validation resources can be found here: GSAFSD Tier 0 Knowledge Base - Validating your Entity.

https://infrastructure-exchange.energy.gov/ https://www.sam.gov/ https://sam.gov/content/help https://sam.gov/content/home https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058422&sys_kb_id=1b5f22581b2115102fe5ed7ae54bcb4e&spa=1

I. Funding Opportunity Description

A. Background and Context

The Office of State and Community Energy Programs (SCEP) is issuing this Funding Opportunity Announcement (FOA). Awards made under this FOA will be funded, in whole or in part, with funds appropriated by the Infrastructure Investment and Jobs Act1, more commonly known as the Bipartisan Infrastructure Law (BIL).

BIL is a once-in-a-generation investment in modernizing and upgrading American infrastructure to enhance U.S. competitiveness, drive the creation of good-paying union jobs, tackle the climate crisis, and ensure stronger access to economic, environmental, and other benefits for disadvantaged communities2. BIL appropriates more than $62 billion to the U.S. Department of Energy (DOE)3 to invest in American manufacturing and workers; expand access to energy efficiency and clean energy; deliver reliable, clean, and affordable power to more Americans;

and demonstrate and deploy the technologies of tomorrow through clean energy demonstrations.

DOE’s BIL investments will support efforts to build a clean and equitable energy economy that achieves a zero-carbon electricity system by 2035, and puts the United States on a path to achieve net-zero emissions economy-wide by no later than 20504 to benefit all Americans.

BIL will invest $25 million to support the DOE Weatherization Assistance Program (WAP) Enhancement & Innovation program. Through partnerships and leveraging of the DOE WAP and other funding sources, these awards will enable deep energy retrofits of low-income housing5 in three topic areas: 1) multifamily housing; 2) single family and manufactured housing; and 3) workforce development. Applicants are encouraged to use awarded E&I funds in conjunction with DOE WAP formula awards and other funding sources to deploy demonstration projects

1 Infrastructure Investment and Jobs Act, Public Law 117-58 (November 15, 2021).

https://www.congress.gov/bill/117th-congress/house-bill/3684. This FOA uses the more common name “Bipartisan Infrastructure Law”.

2 Pursuant to E.O. 14008 and the Office of Management and Budget’s Interim Justice40 Implementation Guidance M-21-28 and M-23-09, DOE will recognize disadvantaged communities as defined and identified by the White House Council on Environmental Quality’s Climate and Economic Justice Screening Tool (CEJST), which can be located at https://screeningtool.geoplatform.gov/. DOE’s Justice40 Implementation Guidance is located at https://www.energy.gov/sites/default/files/2022- 07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf.

3 U.S. Department of Energy. November 2021. “DOE Fact Sheet: The Bipartisan Infrastructure Deal Will Deliver For American Workers, Families and Usher in the Clean Energy Future.” https://www.energy.gov/articles/doe-fact-sheet-bipartisan-infrastructure-deal-will-deliver-american-workers-families-and-0 4 Executive Order (EO) 14008, “Tackling the Climate Crisis at Home and Abroad,” January 27, 2021.

5 10 CFR 440.3 for the definition of low-income. Each Grantee defines low income for their service territory in the annual Weatherization Grant Application (Master File Section V.1 Eligibility).

https://www.congress.gov/bill/117th-congress/house-bill/3684 https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf https://screeningtool.geoplatform.gov/ https://www.energy.gov/sites/default/files/2022-07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf https://www.energy.gov/sites/default/files/2022-07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf https://www.energy.gov/articles/doe-fact-sheet-bipartisan-infrastructure-deal-will-deliver-american-workers-families-and-0 https://www.energy.gov/articles/doe-fact-sheet-bipartisan-infrastructure-deal-will-deliver-american-workers-families-and-0 https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ that have potential to be scaled nationally, enhance the benefits realized by underserved communities, and ensure an equitable transition to a clean-energy economy.6

The activities to be funded under this FOA support BIL Section 40551 and the broader government-wide approach to deploy demonstration projects that maximize the benefits of the clean energy transition as the nation works to curb the climate crisis, empower workers, and advance environmental justice. This BIL section is focused on:

• Appropriation of $3.5 billion for the WAP, to remain available until expended; and

• Applicability of Wage Rate Requirements (aka Davis-Bacon Act) on work performed in multifamily buildings with 5 or more units.

i. Program Purpose

The DOE WAP was created in 1976 with the primary purpose to increase the energy efficiency of dwellings owned or occupied by low-income persons, to reduce energy expenditures for these residents, and improve their health and safety. The program prioritizes low-income persons who are particularly vulnerable such as the elderly, the disabled, families with children, high residential energy users and households with a high energy burden.78 A network of 57 Grantees and 700 local organizations (Subgrantees) working with private contractors delivers WAP services to eligible residents in all 50 states, the District of Columbia, Indian lands of Federally recognized Tribes, and five U.S. Territories. For more information visit the DOE WAP website.

Within Public Law 116-260, signed December 27, 2020, Congress directed the DOE to establish a competitive program for “WAP Enhancement and Innovation” (E&I). Eligible applicants include current WAP Grantees and Subgrantees (state, local, or Tribal governments) and non-profit organizations9. A total of $25 million is available from the BIL appropriation with a maximum award amount of $2 million.

As part of the whole-of-government approach to advance equity and encourage worker organizing and collective bargaining,10,11,12 and in alignment with BIL section 40551, this FOA and any related activities will seek to encourage meaningful engagement and participation of workforce organizations, including labor unions, as well as underserved communities and

6 42 USC 6864d.(e)(4) 7 10 CFR 440.16(b) 8 10 CFR 440.3 "A low-income household whose residential energy burden (residential expenditures divided by the annual income of that household) exceeds the median level of energy burden for all low-income households in the State."

9 42 U.S.C. 6864d(b) 10 EO 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” January 20, 2021. EO 14091, “Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” February 16, 2023.

11 EO 14025, “Worker Organizing and Empowerment,” April 26, 2021.

12 EO 14052, “Implementation of the Infrastructure Investment and Jobs Act,” November 18, 2021.

https://www.congress.gov/bill/117th-congress/house-bill/3684/text https://www.energy.gov/scep/wap/weatherization-assistance-program https://www.energy.gov/scep/wap/weatherization-assistance-program underrepresented groups, including Indian Tribes.13 Consistent with Executive Order 14008,14 this FOA is designed to help meet the goal that 40% of the overall benefits of the Administration’s investments in clean energy and climate solutions flow to disadvantaged communities, as defined by the Department pursuant to the Executive Order, and to drive the creation of accessible, good-paying jobs with the free and fair chance for workers to join a union.

ii. Strategic Goals

This FOA seeks applications to expand the impact of DOE's existing residential weatherization programs by utilizing leveraged resources and enhanced community partnerships to perform deep energy retrofits15 of low-income residential buildings and empower local community representation within the energy workforce. DOE seeks proposals that drive innovative approaches to program coordination and service delivery, while fostering the collaboration of dynamic and diverse teams. Teams must be led by a WAP Grantee, Subgrantee, or nonprofit entity. Technical descriptions of the specific Topic Areas are provided in the sections that follow.

B. Topic Areas

This FOA will enable partnerships and leveraging of DOE WAP and other funding sources, to expand deep energy retrofits of low-income housing in three topic areas: 1) multifamily housing; 2) single family and manufactured housing; and 3) workforce development. Within the three topic areas, applicants will address any of the following activities and initiatives including, but not limited to, major home repairs, decarbonization and renewable energy, enhanced indoor air quality and healthy homes, and new methods to streamline DOE WAP implementation.

Applicants shall select one topic area and provide a detailed explanation of the proposed project objectives, technical scope, tasks (including a comprehensive list of activities for each task), milestones, project management, and verification processes. In addition to required reporting, all awardees will be expected to share new methods, success stories, and lessons learned for dissemination across the DOE WAP network.

13 EO 13175, November 6, 2000 “Consultation and Coordination With Indian Tribal Governments”, charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with Tribal officials in the development of federal policies that have Tribal implications. Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships | The White House.

14 EO 14008, “Tackling the Climate Crisis at Home and Abroad,” January 27, 2021.

15 A deep energy retrofit is generally defined as a whole-building analysis and process that achieves significantly larger energy savings (e.g., 50% or more reduction in home energy use) than a traditional weatherization retrofit.

In addition, these projects have potential to improve home comfort and benefit occupant health. Lawrence Berkeley National Lab https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/memorandum-on-tribal-consultation-and-strengthening-nation-to-nation-relationships/ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/memorandum-on-tribal-consultation-and-strengthening-nation-to-nation-relationships/ source:%20Lawrence%20Berkely%20Nhttps://www.osti.gov/biblio/1777978-doe-deep-energy-retrofit-cost-survey source:%20Lawrence%20Berkely%20Nhttps://www.osti.gov/biblio/1777978-doe-deep-energy-retrofit-cost-survey

All work for projects selected under this FOA must be performed in the United States. See Section IV.J.iii. and Appendix A.

i. Topic Area 1: Multifamily Housing

To accelerate an equitable transition to a clean energy economy, this Topic Area aims to increase the number of multifamily buildings receiving comprehensive, deep energy retrofits by making homes weatherization and electrification-ready, while also ensuring healthy indoor environments and protecting against displacement of low-income residents16.

Weatherization is designed to take place with a whole building as a system approach17 and energy efficiency upgrades in multifamily buildings are a cost-effective method to lowering operating expenses, maintaining affordability, and creating healthier, more comfortable living environments for low-income families. For the purposes of this FOA, multifamily buildings are defined as rental or owner-occupied buildings with 5 or more units. DOE policy allows for treatment of the full building as long as 66% of the units are occupied by income-eligible households or if the building is assisted by the U.S. Department of Housing and Urban Development (HUD) and is categorically eligible per DOE policy.18 Benefits from weatherization services must accrue primarily to the low-income households occupying the buildings and protect against displacement of low-income households.19

Applicants should explore the delivery of DOE WAP services using place-based initiatives, which are inclusive of urban and rural areas and can include a cluster of similar geographic areas and/or communities of people experiencing common conditions (e.g., high poverty rates, proximity to pollution-emitting facilities, lack of access to food and health services, high-cost burdens for energy and housing). Place-based initiatives should be included in the planning and implementation of deep energy retrofits and incorporated into workforce development initiatives in these projects and communities. Applicants should reference the definition of disadvantaged communities20 and must use the Climate and Economic Justice Screening Tool (CEJST)21 to identify disadvantaged communities within their proposed project territory.

In accordance with BIL Section 40551, any work performed on multifamily buildings with 5 or more units must comply with Wage Rate Requirements (aka Davis-Bacon Act). See Section

16 10 CFR 440.22 (b)(3) 17 10 CFR 440.22(b) 18 WPN 22-12; 10 CFR 440.22(b)(2) 19 10 CFR 440.22(b)(3) 20 Pursuant to E.O. 14008 and the Office of Management and Budget’s Interim Justice40 Implementation Guidance M-21-28 and M-23-09, DOE will recognize disadvantaged communities as defined and identified by the White House Council on Environmental Quality’s CEJST, which can be located at https://screeningtool.geoplatform.gov/.

DOE’s Justice40 Implementation Guidance is located at https://www.energy.gov/sites/default/files/2022- 07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf 21 Climate and Economic Justice Screening Tool https://www.energy.gov/scep/wap/articles/weatherization-program-notice-22-12-multifamily-weatherization https://screeningtool.geoplatform.gov/ https://www.energy.gov/sites/default/files/2022-07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf https://www.energy.gov/sites/default/files/2022-07/Final%20DOE%20Justice40%20General%20Guidance%20072522.pdf https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5

IV.J.viii. DOE plans to provide a software tool and training to assist with Davis-Bacon compliance and reporting.

DOE awarded funds may be used to address barriers to serving multifamily housing, including but not limited to:

• Developing protocols for identifying and preparing homes to become all-electric or electrification-ready, while also ensuring reduction in household energy burden;

• Developing innovative methods for braiding DOE awarded funds with leveraged resources to execute comprehensive deep energy retrofits, including enhanced health and safety measures, energy efficiency technologies, and renewable energy systems;

• Developing innovative methods for braiding DOE awarded funds with leveraged resources to address the causes of poverty and economic mobility for low-income households;

• Developing streamlined methods for identifying, marketing, confirming eligibility, and coordinating with prospective property owners to bring more multifamily buildings into the weatherization pipeline;

• Developing new methods and partnerships to shorten the timeframe for moving multifamily buildings through the retrofit process, from energy audit to completion and inspection; and

• Developing new scalable methods for incorporating non-energy benefits22 in the cost-effectiveness calculation performed during the pre-weatherization energy audit.

ii. Topic Area 2: Single Family & Manufactured Housing

This Topic Area aims to increase the number of single family and manufactured housing buildings receiving comprehensive, deep energy retrofits by making homes weatherization and electrification-ready, while also ensuring healthy indoor environments.

Weatherization is designed to take place with a whole building as a system approach23 and energy efficiency upgrades in single family and manufactured housing are a cost-effective method to lowering household expenses and creating healthier, more comfortable living environments for low-income families. For the purposes of this FOA, single family buildings are defined as rental or owner-occupied buildings with one to four units occupied by eligible low-income households. DOE policy allows for treatment of the full building as long as at least 50% of the units in two- and four-unit buildings are occupied by DOE WAP-eligible households and at least 66% of three-unit buildings occupied by DOE WAP-eligible households.24 Some buildings and households assisted by HUD may be categorically eligible per DOE policy.25

22 WPN 22-10; 10 CFR 440.2(f)(7) 23 10 CFR 440.22(b) 24 WPN 16-5; 10 CFR 440.22(b)(2) 25 WPN 22-5; For full definition see https://www.hud.gov/sites/documents/41502C8HSGH.PDF https://www.energy.gov/scep/wap/articles/weatherization-program-notice-22-10-revised-including-non-energy-impacts-within https://www.energy.gov/scep/wap/articles/weatherization-program-notice-22-5-expansion-client-eligibility-weatherization https://www.hud.gov/sites/documents/41502C8HSGH.PDF

Applicants must explore the delivery of DOE WAP services using place-based initiatives, including the planning and implementation of deep energy retrofits and incorporating workforce development initiatives in these projects and communities. Place-based work is inclusive of urban and rural areas and can range from a cluster of similar housing to geographic areas and communities of people experiencing common conditions. Applicants should reference the definition cited in Section I.A. and must use the CEJST26 to identify disadvantaged communities within their proposed project territory.

Applications must describe how projects will increase the number of single family and/or manufactured houses weatherized and outline the enhancements proposed for DOE WAP retrofits, which may include but are not limited to:

• Developing protocols for identifying and preparing homes to become all-electric or electrification-ready, while also ensuring reductions in household energy burden;

• Developing innovative methods for braiding DOE awarded funds with leveraged resources to execute comprehensive deep energy retrofits, including enhanced health and safety measures, energy efficiency technologies, and renewable energy systems;

• Developing innovative methods for braiding DOE awarded funds with leveraged resources to address the causes of poverty and economic mobility for low-income households;

• Developing new scalable methods for incorporating non-energy benefits in the cost-effectiveness calculation performed during the pre-weatherization energy audit;

• Bringing previously unserved homes off deferral/waitlists and into the weatherization pipeline by addressing high-cost repairs and health and safety hazards; and

• Developing new methods for targeting services to high energy-burden households and coordinating outreach and marketing with community-based organizations, utility programs and other federally-funded low-income programs.

iii. Topic Area 3: Workforce Development

At present, the DOE WAP is facing significant challenges hiring and retaining contractors and employees to work in the program and is seeking improvements to workforce diversity – a priority for the Biden Administration. Women make up just 25% of the energy workforce, much less than the 47% U.S. average. Black and Latino workers are also underrepresented at 8% and 7%, respectively.27

With these hiring and diversity challenges in mind, the purpose of this topic area is to develop and implement innovative approaches not commonly used in WAP to recruit, hire, train, retain and support employees in their career development who are individuals from the community in which assistance is provided and from underrepresented groups in the home energy performance and energy efficiency workforce such as: people of color, women, veterans, 26 Climate and Economic Justice Screening Tool 27 DOE, United States Energy & Employment Report 2022 https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://www.energy.gov/sites/default/files/2022-06/USEER%202022%20National%20Report_1.pdf individuals with disabilities, opportunity youth, returning citizens, and individuals who are socioeconomically disadvantaged.

Applicants must describe how competitive wages28 will be determined for weatherization workers, including reference to the current local living wage, and whether workers will have a free and fair chance to join a union. Applicants must also outline how they will work to place WAP trainees into jobs, particularly in the home performance or clean energy industries.

Individuals shall be trained to implement the DOE WAP in accordance with all applicable federal rules and DOE procedures. Training shall be aligned with WAP installation standards and program requirements including energy auditing guidelines29, the Standard Work Specifications30, and Quality Control Inspections.31

• Training shall follow the Guidelines for Home Energy Professionals for Energy Auditor (EA) and Quality Control Inspector (QCI)32.

• Regarding the provision of comprehensive training,33 coordination with a registered apprenticeship or an IREC-accredited training provider is preferred but not required.

Applicants must provide the qualifications, accreditation, and expertise for proposed training providers when describing the project team.

Applicants may propose workforce development initiatives and activities including but not limited to:

• Addressing and enhancing outreach, recruitment, hiring, and retention processes;

• Shortening the administrative time from initial recruitment to field readiness of new hires;

• Building a pipeline of fully trained workers to higher-level careers within and beyond the

WAP network;

• Developing registered job-readiness, pre-apprenticeship34, and apprenticeship programs35 for individuals to gain necessary skills before entering the home performance or clean energy industries;

28 Resources for wage data include: U.S. DOL O*NET; U.S. BLS Wage Statistics; Wages, Benefits and Change: A Supplemental Report to the Annual U.S. Energy and Employment Report; https://livingwage.mit.edu/ and any relevant state or local income and employment data.

29 Weatherization Program Notice 19-4: Revised Energy Audit Approvals Procedures, Related Audit, and Material Approvals (January 17, 2019) 30 National Renewable Energy Laboratory, “Standard Work Specifications.”

31 Weatherization Program Notice 15-4: Quality Work Plan Requirement Update (October 21, 2014).

32 US DOE SCEP, “Guidelines for Home Energy Professionals Accredited Training” 33 Weatherization Memorandum 034: Clarification of WPN 15-4; Definitions of Comprehensive Training (April 5, 2018).

34 Pre-apprenticeship programs are encouraged to have articulation with one or more registered apprenticeship programs. Learn more at US Department of Labor, Explore Pre-Apprenticeship 35 Articulation agreements allow for Registered Apprenticeship program sponsors and community and technical colleges to partner up and provide apprentices with classroom training. Learn more at US Department of Labor, Homepage | Apprenticeship.gov https://www.onetonline.org/link/summary/47-4099.03 https://www.bls.gov/oes/current/oes472131.htm https://www.usenergyjobs.org/ https://www.usenergyjobs.org/ https://livingwage.mit.edu/ https://www.energy.gov/node/3996351 https://sws.nrel.gov/ https://www.energy.gov/node/1478631 https://www.energy.gov/scep/guidelines-home-energy-professionals-accredited-training#jta https://www.energy.gov/node/3434400 https://www.apprenticeship.gov/employers/explore-pre-apprenticeship https://www.apprenticeship.gov/

• Including support services that reduce barriers to employment of underrepresented populations (e.g., mentoring, counseling, coaching, stipends for trainees [wages, childcare, transportation]);

• Developing formal partnerships with workforce development organizations, labor organizations and unions, trade schools, technical colleges, local agencies, and community-based organizations); and

• Establishing partnerships with existing training providers, labor, and community-based organizations to improve and expand existing workforce training programs in lieu of building new training center facilities.

C. FOA Objectives

In addition to topic-specific objectives and outcomes, the following objectives apply across all topic areas:

• Leveraging Resources to expand the reach of E&I funds, with a goal of at least a 2:1 ratio of leveraged resources to DOE awarded funds. Applicants shall strive to coordinate investments and leverage funds to maximize benefits. Leveraged resources may include federal (non-DOE) or non-federal funding, financial contributions, volunteer labor, in-kind donations, and other resources provided by partner organizations.

• Justice40 – Executive Order 14008 establishes the Justice40 Initiative with the goal of delivering 40% of the overall benefits of certain federal investments to disadvantaged communities and underrepresented groups. All awardees will be required to identify disadvantaged communities that will be addressed with E&I funds, using the definitions in Section I.A above, and measure and report the benefits realized in disadvantaged communities (e.g., units completed, job training expenditures, household energy expenditures, and installed capacity of renewable energy).

• Efficient use of E&I funds to benefit the maximum possible number of households and participants. The DOE WAP Average Cost Per Unit (ACPU) as stated in 42 U.S.C. 6865(c) does not apply to E&I awards. However, applicants are expected to describe how project outcomes will be achieved within reasonable cost targets.

• Scalable solutions to advance innovation and address barriers experienced by weatherization providers that can be shared and implemented nationwide. All awardees will be expected to share new methods and best practices for dissemination across the DOE WAP network.36

D. Allowable Activities

36 42 U.S.C. 6864d(a)(4)

Across all three topic areas, E&I funds may be used for any combination of the following activities specified below. Proposals must detail the planned activities and any measures that will be installed in DOE WAP-eligible buildings.

• Make Homes Weatherization and Electrification-Ready

WAP services are deferred when structural issues and/or the condition of the home requires significant repair specific to the installation of an energy efficiency measure, rendering the provision of whole-home weatherization services either unsafe or ineffective.

Deferral does not mean that assistance will never be available, but that work must be postponed until the problems can be resolved and the home can be made “weatherization ready.” Making homes weatherization-ready addresses a barrier to equitable delivery of WAP services. Native Americans, Hispanics/Latinos, Black families living in manufactured housing, and renters, are among the households facing the highest rates of repair needs.37

Although the causes and rates of deferrals vary by region and service territory, this is a barrier to weatherization nationwide. Common deferral reasons include the need for high-cost roof repairs, electrical upgrades, plumbing repairs, remediation of environmental hazards beyond the scope of WAP (including asbestos and vermiculite), and other major structural home repairs. To support the transition to a clean energy economy, homes receiving electrical repairs may also be made electrification-ready by performing necessary updates and panel replacements to incentivize fuel switching, and to enable the safe installation of technologies such as heat pumps and solar photovoltaic systems.

Applicants must detail the planned activities and specific measures that will be included in the proposed project. If electrification is proposed, applicants must describe the parameters that will make homes electrification-ready, which can include energy (e.g., utility bill savings, fuel cost avoidance) and non-energy benefits (e.g., improved indoor air quality and health outcomes), and how proposed electrification measures will reduce the energy burden for low-income households.

• Renewable Energy and New Technologies E&I funds may be used to install renewable energy systems as defined in 42 USC 6865(c)(6)(A) and energy efficiency technologies, including home energy management systems and smart devices. To the maximum extent possible, applicants are encouraged to develop and expand partnerships with other funding sources and federal programs; for example, utility and state-funded programs, the DOE WAP Sustainable Energy Resources for Consumers (SERC) program and the National Community Solar Partnership.38

• Healthy Homes and Indoor Environments

37 Federal Reserve Bank of Philadelphia and Policy Map, January 15, 2020.

https://housingmatters.urban.org/research-summary/cost-repair-americas-housing-stock-and-which-homes-need-it-most 38 H.R.5376 - Inflation Reduction Act of 2022 https://housingmatters.urban.org/research-summary/cost-repair-americas-housing-stock-and-which-homes-need-it-most https://housingmatters.urban.org/research-summary/cost-repair-americas-housing-stock-and-which-homes-need-it-most https://www.congress.gov/bill/117th-congress/house-bill/5376/text

Proposals must aim to ensure healthy indoor environments by improving indoor air quality, accessibility, and enhancing measures and resources provided under the WAP. E&I funds may be utilized for the following activities, including but not limited to:

• Mold and moisture remediation and prevention, including mechanical ventilation;

• Testing and treatment of suspected asbestos containing materials;

• Addressing occupant health conditions (asthma, Chronic Obstructive Pulmonary

Disease(COPD), etc.);

• Replacing equipment with emissions that threaten indoor air quality;

• Lead paint testing and remediation; and,

• Accessibility improvements such as removing trip and fall hazards.

Applicants must provide a detailed description of planned activities, measures to be installed, and any human-focused research (e.g., change in health conditions).. Awardees will be expected to demonstrate measurable improvements to low-income household indoor environments and report progress based on measure-specific performance metrics. .

• Best Practices and Monitoring

E&I funds may be used for the following activities, subject to limitations specified in this

FOA:

• Innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available;

• Quality control of work performed;

• Data collection, measurement, and verification;

• Program monitoring, oversight, evaluation, and reporting; and

• Labor, training, and technical assistance.

E. Additional Requirements

The following requirements apply to all applications and future awards:

• The following WAP standards for allowable expenditures apply:

o A maximum of 15% of the E&I award may be used for planning, management, and administration. Applicants who intend to charge indirect costs (e.g., General & Administrative costs) to an award, will need to comply with this 15% statutory limit.39 o All awards are subject to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards.40

• All work performed in homes using DOE awarded funds must comply with the Standard Work Specifications, DOE-approved Field Guide, and applicable State and local codes.41

39 42 USC 6864d(b)(8) 40 https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II/part-200 41 National Renewable Energy Laboratory, “Standard Work Specifications.”

https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II/part-200 https://sws.nrel.gov/

• All work performed in homes using E&I awarded funds will not be subject to the 15-year “reweatherization” requirement outlined in Section 1011(h) of the Energy Act of 2020.

Dwelling units previously weatherized by WAP, LIHEAP, HUD, or USDA will be eligible for E&I-related activities.

• To ensure deep energy retrofits, all eligible low-income residential buildings utilizing E&I funds must also receive a whole-building energy efficiency retrofit aligned with DOE WAP rules and guidance during the 36-month period of performance, including a comprehensive final inspection.42 Applicants shall describe how work will be coordinated with the WAP Subgrantee to ensure the buildings are eligible for weatherization services. Applicants shall provide a timeline and process for integration of the E&I work with the WAP energy efficiency retrofit. Preference will be given to proposals that streamline the application, energy auditing, and final inspection processes to result in process improvements and reduce the burden on the low-income household.

o The energy efficiency retrofit must meet all DOE requirements related to cost-effectiveness and use of a DOE-approved energy audit tool or priority list.43 Proposals must describe how Applicants will determine and document cost-effectiveness using a DOE-approved audit tool or priority list to ensure the cumulative Savings-to-Investment Ratio, excluding E&I-funded measures, is 1.0 or greater.

• Training and Technical Assistance (T&TA) activities shall not duplicate T&TA completed under a formula-funded WAP award. Applicants must specify the amount of DOE awarded funds planned and detail the planned T&TA activities.

• All applicants and partners must provide proof of liability insurance coverage. Liability insurance refers to the general contractor, or other policies that provide protection in case of personal injury or property damage resulting from weatherization services. E&I funds may be used to pay the appropriately allocated cost of liability insurance policy and will not be included in the 15% Administration cap mentioned above.

• Client eligibility must be verified according to the policies and procedures described in a currently approved WAP Grantee DOE Plan (Master File V.1.1 Approach to Determining Client Eligibility)44 and consistent with Weatherization Program Notice (WPN) 23-3 and WPN 10-08. A client release is required prior to sharing any sensitive information. All households receiving E&I-funded measures must be referred to the local weatherization agency for full weatherization services. Applicants shall describe how clients will be selected for E&I-funded projects, any outreach completed to date and planned outreach activities, the WAP referral process, and the estimated timeline for completion of E&I work and corresponding WAP jobs.

o Per DOE policy, if WAP providers certify that households have met the income requirements of HUD means-tested programs 45 then additional income eligibility

42 See 10 CFR 440 and Weatherization Program Notices and Memorandums | Department of Energy 43 See 10 CFR 440.21 and Weatherization Program Notice 19-4 44 The Application Instructions attached to WPN 21-1 provide additional detail on eligibility and the Master File.

45 WPN 22-5: Expansion of Client Eligibility in the Weatherization Assistance Program https://www.energy.gov/sites/default/files/2022-09/wpn-22-5_v3.pdf https://www.energy.gov/scep/wap/articles/weatherization-program-notice-23-3-federal-poverty-guidelines-and-definition https://www.energy.gov/sites/default/files/2015/12/f27/WAP-WPN-10-8.pdf https://www.energy.gov/sites/default/files/2015/12/f27/WAP-WPN-10-8.pdf https://www.energy.gov/eere/wap/weatherization-program-notices-and-memorandums https://ecfr.federalregister.gov/current/title-10/chapter-II/subchapter-D/part-440 https://www.energy.gov/node/3996351 https://www.energy.gov/sites/default/files/2021/02/f82/2021-application-instructions_v2.pdf https://www.energy.gov/sites/default/files/2022-09/wpn-22-5_v3.pdf https://www.energy.gov/sites/default/files/2022-09/wpn-22-5_v3.pdf verification is not required prior to WAP services. DOE requires post-weatherization demographics reporting for all households served.

• Awardees will be responsible for ongoing quality control and monitoring of work performed to ensure compliance with all local, state, and federal rules and regulations. DOE will perform project monitoring such as regular desktop monitoring and onsite visits of selected awardees.

F. Applications Specifically Not of Interest The following types of applications will be deemed nonresponsive and will not be reviewed or considered (See Section III.D. of the FOA):

• Applications that fall outside the technical parameters specified in Sections I.A., I.B., I.C., I.D.

and I.E. of the FOA.

G. Community Benefits Plan To support the goal of building a clean and equitable energy economy, the BIL-funded projects are expected to (1) establish formal partnerships; (2) advance diversity, equity, inclusion, and accessibility (DEIA); (3) make progress toward the Justice40 Initiative; and (4) invest in America’s workforce.

To ensure these objectives are met, applications must include a Community Benefits Plan that describes how the proposed project would incorporate the four objectives stated above. See Section IV.D.xv for the Community Benefits Plan content requirements, Appendix C for additional guidance on the Community Benefits Plan content requirements, and Appendix D for the Community Benefits Plan template.

H. Authorizing Statutes

• P.L. 116-260 – Consolidated Appropriations Act 2021 (codified at 42 U.S.C. 6864d); and

• Division Z - Energy Act of 2020, Title I - Efficiency, Sec. 1011, Sec. 414D Financial Assistance for WAP Enhancement and Innovation

• Section 40551 of the BIL (codified at 42 U.S.C. § 40551).

Awards made under this announcement will fall under the purview of 2 CFR Part 200 as amended by 2 CFR Part 910.

I. Notice of Bipartisan Infrastructure Law-Specific Requirements

Be advised that special terms and conditions apply to projects funded by the BIL relating to:

• Reporting, tracking, and segregation of incurred costs;

• Reporting on job creation and preservation;

• Publication of information on the internet;

• Access to records by Inspectors General and the Government Accountability Office;

• Requiring all of the iron, steel, manufactured goods, and construction materials used in the infrastructure activities of applicable projects are produced in the United States;

• For work performed on multifamily buildings with five or more units, ensuring laborers and mechanics employed by contractors or subcontractors on BIL-funded projects are paid wages equivalent to prevailing wages on similar projects in the area (i.e., Davis-Bacon requirements);

• Protecting whistleblowers and requiring prompt referral of evidence of a false claim to an appropriate inspector general; and

• Certification and Registration.

Recipients of funding appropriated by the BIL must comply with requirements of all applicable federal, state, and local laws, regulations, DOE policy and guidance, and instructions in this FOA.

Recipients must flow down the requirements to subrecipients to ensure the recipient’s compliance with the requirements.