DE-FOA-0003657.pdf

Request for Application

U.S. Department of Energy (DOE) Office of Science (SC) Advanced Scientific Computing Research (ASCR) The DOE Quantum Genesis Q Competition Request for Funding Application Number: DE-FOA-0003657

Application Due: October 19, 2026

I. Table of Contents

I. TABLE OF CONTENTS

II. BASIC INFORMATION

A. Key Facts B. Executive Summary

III. REQUEST FOR APPLICATION DETAILS

A. Introduction B. Process C. Statutory Authority D. Regulatory Authority

IV. AGREEMENT INSTRUMENT

V. PROGRAM DESCRIPTION

A. Program Goals B. Performance Metrics C. Applications Not of Interest

VI. PROJECT INFORMATION

A. Funding

1. Cost Sharing or Matching B. Milestones C. Deliverables and Reports

1. Deliverables:

2. Reporting

D. Data and Intellectual Property

1. Application Data

E. Eligibility Information

1. Eligibility

2. Prohibition Related to Malign Foreign Talent Recruitment Programs

3. Prohibition on Entities of Concern

VII. APPLICATION AND SUBMISSION INFORMATION

A. Requirements Before Submission

1. SAM.gov Registration

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2. FedConnect Registration (this can take 48-72 hours)

3. How to Register and Submit an Application in Grants.gov

4. How to Register in PAMS

5. Application Contents and Format

VIII. APPLICATION REVIEW INFORMATION

A. Basis for Selection B. Application Evaluation

IX. SELECTION INFORMATION

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II. Basic Information A. Key Facts Issuing Agency

Department of Energy, Office of Science, Advanced Scientific Computing Research

Request for Application Title

The DOE Quantum Genesis Q Competition

Announcement Version

Initial

Request for Application Number

DE-FOA-0003657

Expected Total Available Funding

$215,000,000

Assistance Listing Number and Name

81.049: The Office of Science Financial Assistance Program

Eligible Applicants

• Applications may only be submitted by for-profit domestic entities as defined herein.

• In limited circumstances, DOE may approve a waiver to allow a foreign entity to participate as a recipient or subrecipient.

• A foreign entity may apply to this RFA, either as a recipient or subrecipient, but the application must be accompanied by an explicit written waiver.

• All capabilities must be built in the U.S. and all work under the award must be performed in the U.S., but the applicant may request a partial waiver of this requirement.

Submission Deadline for Questions

Potential applicants must submit RFA questions by October 6, 2026, at 5:00 PM Eastern Time. DOE will answer all questions received by that date and may answer questions submitted after that date at its discretion. All questions should be directed to: qcompetition@doe.gov.

Informational Webinar

September 25, 2026, at 1:00 PM Eastern Time, virtual. Attendance is optional and requires registration by 5 PM Eastern Time September 23, 2026.

Register here.

Submission Deadline for Applications

Applications must be submitted by October 19, 2026, to be considered.

Anticipated Selections

DOE anticipates announcing initial selections of participants no earlier than November 13, 2026.

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B. Executive Summary The Department of Energy (DOE) recently announced the establishment of the Quantum

Genesis initiative to develop and deploy the world’s first fault-tolerant, scientifically relevant quantum computing (SRQC) capability for research and development. The Department seeks to realize this bold ambition through the Quantum Genesis Q Competition (herein, the Q Competition), a first of its kind effort to accelerate the timeline for realizing this novel, transformative capability. The Quantum Genesis initiative will serve as a foundational pillar of the broader Genesis Mission, designed to usher in a new era of computational power for the nation and accelerate scientific discovery and innovation. The announcement of the Quantum Genesis initiative marks a significant step toward the Department’s goals outlined in President Trump’s Executive Order (EO), Ushering in the Next Frontier of Quantum Innovation and its Quantum Computer for Application Development and Discovery Science (QC-ADDS) effort.1

This request for applications (RFA) invites proposals from domestic commercial entities have a technically viable plan for the Quantum Genesis program and achieving the milestones of the Q Competition. The intent of the Q Competition is to accelerate the development timeline for SRQCs, align successful applicants with the needs of the Department and the scientific community, and to enable the necessary scaling of quantum hardware, software, and enabling technology while developing scientific workflows that ensure SRQCs contribute to national scientific and technological advancement. In addition to the goal of building the first-generation SRQC, these partners may also help to form the technical foundation for DOE’s continued efforts into the 2030s to deploy one or more next-generation SRQCs at National Laboratories.

DOE envisions this competition as a first step toward scaling fault-tolerant quantum computers to scientific relevance alongside other ongoing and planned activities.

DOE acknowledges that potential vendors may have timelines that do not coincide with this competition, even though they may have a viable path to future platforms of interest to the DOE.

Failure to participate or complete the milestones does not disqualify an entity or vendor from future DOE collaborations or procurements.

III. Request for Application Details A. Introduction

Successful applications to this RFA will be domestic commercial entities who are able to realize DOE’s vision of a first-generation SRQC and demonstrate its performance on an application of importance to DOE, for example, those identified in the Blueprint for DOE Quantum Supercomputing.

Applicants should demonstrate the capability to deliver a full-stack quantum computing solution. They, along with any partners on the application, should be capable of manufacturing, assembling, and operating the quantum computer, while also demonstrating

1 https://www.whitehouse.gov/presidential-actions/2026/06/ushering-in-the-next-frontier-of-quantum-innovation/.

https://doi.org/10.2172/3022533 https://doi.org/10.2172/3022533 https://www.whitehouse.gov/presidential-actions/2026/06/ushering-in-the-next-frontier-of-quantum-innovation/ https://www.whitehouse.gov/presidential-actions/2026/06/ushering-in-the-next-frontier-of-quantum-innovation/

Version 1.0 Page 6 of 48 scientific relevance to DOE. DOE anticipates its role being limited to verification and validation; separately, DOE intends to work with performers on pathways for integration into DOE’s scientific ecosystem—the scope of this RFA does not include participation from DOE-funded researchers to help develop or build the SRQC.

B. Process DOE expects applicants to submit a complete application. Applications must be submitted in accordance with the deadlines in Section I.A. DOE may, at its discretion, re-open the opportunity for additional applications in the future, depending on programmatic needs. DOE will evaluate applications based on the details contained in the Project Narrative (Section VI, Application and Submission Information). Based on the quality of the technical merit of the applications, DOE reserves the right to select all, some, or none of the applications received in response to this RFA. If selected to participate in this program, applicants will receive notification from DOE to finalize an Other Transaction Agreement with DOE, which will include details on all milestones.

C. Statutory Authority Statutory authority for this program includes but is not limited to:

• 42 U.S.C. § 7151 – General transfers

• 42 U.S.C. § 7256 (g) – Contracts, leases, etc., with public agencies and private organizations and persons

• U.S. Department of Energy Organization Act (codified as amended at 42 U.S.C. § 7256) (2020).

• Act of Jul. 4, 2025, Pub. L. No. 119-21, § 50404, 139 Stat. 500 (2025).

• Energy Policy Act of 2005, Pub. L. No. 109-58, §§ 901, 965, 119 Stat. 594 (2005).

• Energy Independence and Security Act of 2007, Pub. L. No. 110- 140, §§ 618, 1304A, codified at 42 U.S.C. §§ 17197, 17384a

• National Quantum Initiative Act, Pub. L. No. 115-368, § 401, 132 Stat. 5100, 5105 (2018).

• The CHIPS and Science Act of 2022, Pub. L. No. 117-167, § 10731, 136 Stat.

1366 (2022).

D. Regulatory Authority Regulatory authority for this program includes but is not limited to:

• U.S. Department of Energy Other Transaction Agreements Regulations, codified at 2 C.F.R. Part 930 (2025)

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IV. Agreement Instrument DOE anticipates awarding through only Other Transaction Agreements (OTAs) under this RFA. More specifically, DOE anticipates using its Additional Authorities under 42 U.S.C. § 7256(g) to implement OTAs under this RFA. DOE chose this instrument to provide maximum flexibility and efficiency to achieve the programmatic goals.

The terms of these DOE OTAs will be crafted to streamline regulatory requirements.

Model terms will be provided on Grants.gov and https://science.osti.gov/Funding-Opportunities where the RFA is listed.

Applicants selected for negotiation will be able to propose modifications to the model terms consistent with their technical pathway subject to DOE approval, though the DOE reserves the right to, and anticipates, limiting the negotiation period to ten business days. These terms will establish the technical milestones and verification procedures for progress in deploying first a prototype and then a first-generation SRQC as described in Section IV.A and Section IV.B. In addition to technical milestones, DOE will also request progressively more detailed roadmaps to establish that the performer has a viable pathway to next-generation SRQCs.

V. Program Description A. Program Goals

The goal of this program is to deliver to the nation a fault-tolerant quantum computer of sufficient performance to qualify as “scientifically relevant.” In describing the goals, DOE refers to three classes of devices:

• A prototype demonstrated roughly one year into the program, which will validate basic modules in both hardware and software and validate the performer’s ability to scale further. Production of the prototype is an intermediate milestone in the Q Competition.

• A first-generation SRQC, possessing at least a hundred logical qubits and capable of performing thousands of hard fault-tolerant operations in service of a specific scientific workflow. Production of the first-generation SRQC is the final milestone of the Q Competition.

• A next-generation SRQC, possessing on the order of a thousand logical qubits and capable of millions of hard fault-tolerant operations in service of scientific discovery.

Production of the next-generation SRQC is not a goal of the Q Competition, but first-generation SRQCs will be evaluated for the feasibility of future scaling towards this goal.

While the goal of the Quantum Genesis program is to deliver the first-generation SRQC by 2028, DOE will consider applications from entities that propose to reach that point by no later than 2030. While DOE may choose to select these applicants as part of the portfolio, applicants with longer timelines accept the risk that other performers may claim the available milestone payments prior to completion of their own negotiated milestones.

Deep collaboration with and access to DOE and its contractors is required for successful participation in this program. To verify and validate performance of systems under the OTAs, https://science.osti.gov/Funding-Opportunities

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DOE intends to use staff from DOE National Laboratories and, at its sole discretion, reserves the right to engage other agencies’ Federally Funded Research and Development Centers, University Affiliated Research Center, and other similarly neutral third parties. These personnel are expected to be given both physical and virtual access to the quantum computers and allowed to operate the device to verify and validate performance. This verification and validation of devices will be used to determine if awardees have met their negotiated milestones, consistent with the OTA.

B. Performance Metrics DOE identifies the following as key performance metrics. A table is provided below describing the anticipated value of each metric for each of the SRQC generations described in Section IV.A.

• Logical qubit. An effective qubit spread across multiple subsystems that can be operated under a quantum error correction regime to suppress errors or environmental noise.

• Hard operation. An operation from a family of operations which are difficult in the participant’s error correction scheme (e.g., non-Clifford operations in stabilizer QEC) but necessary to realize computational universality. “Hard” operations are expected to require many elementary quantum operations, becoming the scarce resource in a fault-tolerant computation. In the Q Competition, DOE will benchmark computers in part based on the number of hard operations that can be completed reliably, a metric which acts as a test of both the error rate and the stability of the computer.

• Scientific relevance. The ability of the quantum computer to usefully solve problems of interest to scientists working in DOE mission spaces. The Blueprint for DOE Quantum Supercomputing highlights key challenges that are relevant to our mission, which themselves cover a range of possible example problems. In the Q Competition, we will ask for a progressive demonstration of scientific relevance against a problem and associated solution algorithm specified at the beginning of the program. Prototype computers will demonstrate a simple subroutine (such as phase estimation or Trotter evolution) while the first-generation SRQC will be capable of a full demonstration of a scientific workflow (although not necessarily at classically intractable scales), potentially in concert with a classical computer. This lays the groundwork for next-generation SRQC in the 2030s capable of production-level discovery science.

SRQC Generation # Logical Qubits

Hard Operations

Scientific relevance

Prototype 10 103 Subroutine First-generation 100 105 Workflow Next-generation 1000 107 Production

Table 1. Key performance metrics at each generation of SRQC development. The numbers included are illustrative, and a specific realization at any generation may differ.

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DOE views the metrics defined in Table 1 as illustrative and recognizes that the milestones for any specific performer’s technology may vary. For instance, a given performer may achieve very low error rates (and thus many hard operations) but not yet achieve the indicated number of logical qubits. Alternately, discrete hardware generations and modular scaling constraints may not align precisely with the benchmark target, or architectural differences may make the milestones complicated to apply to a specific application. In these cases, we encourage applicants to make best efforts to convert their roadmaps and scale-up pathways to the metrics defined in Table 1. The specifics of the intermediate prototype milestone and what constitutes an acceptable prototype will be based off of Table 1 but negotiated with selected applicants. In addition to the target metrics for the intermediate prototype milestone, DOE and the applicant will, during negotiation, specify, to the extent possible, the methodology used to define and evaluate these metrics.

The responsibility of siting and operating the prototype and first-generation SRQC will be the responsibility of the awardee.

C. Applications Not of Interest

• Applications from entities that do not have a demonstrated history of successfully creating and demonstrating multi-qubit quantum computers.

• Applications that primarily propose to pursue R&D work to develop a quantum computing methodology.

• Applications to build quantum computers that are not fault-tolerant, or cannot be made fault-tolerant, or are only capable of error mitigation or detection and not correction.

Such proposals are not of interest even if the applicant believes that error rates can be reduced to a point of scientific relevance without fault-tolerance.

VI. Project Information A. Funding

DOE anticipates that the total value of awards over the first 30 months of this program will be $215,000,000, subject to the availability of appropriations, to support milestone-based payments for awardees, as described in Section IV.

Development of the application is the financial responsibility of the applicant.

The number of awards is contingent upon the availability of funds and the submission of a sufficient number of meritorious applications. Accordingly, DOE anticipates selecting at least three, and up to ten, applications under this RFA to enter the competition. However, DOE may select for negotiation all, some, or none of the applications received in response to this RFA.

All funding considerations are based on the availability of appropriated funds.

The awards will be split into two phases:

Phase I - Fixed awards. DOE will provide funding to selected participants at successful completion of the intermediate milestones, as follows:

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• Those selected for participation will be responsible for developing a detailed technical plan, in consultation and collaboration with a DOE-designated verification and validation (V&V) team, for assessing the completion of the prototype and first-generation milestones. The technical plan will be evaluated by verification and validation subject matter experts and the DOE. DOE, at its sole discretion, will approve or reject the plan based on its feasibility. Upon DOE approval of the technical plan, awardees will receive $250,000.

• For successful completion of a validated intermediate milestone (prototype device), as negotiated in the OTA, awardees will receive $1,250,000.

Phase II – General Incentive pools. The general incentive pool will be $100,000,000.

DOE anticipates a final evaluation of progress towards the final milestone, a first-generation SRQC, will occur in September 2028. After this evaluation, DOE will evenly split funds in the general incentive pool amongst all awardees who successfully demonstrate a device at the first-generation SRQC goal in Table 1.

Bonus pools. To encourage performance beyond this, bonus funds will be disbursed in the following manner:

• One $50,000,000 bonus pool will be split evenly amongst all awardees, achieving 150 or more total logical qubits, if any.

• A second $50,000,000 bonus pool will be split evenly amongst all awardees achieving 200 or more total logical qubits, if any.

All funding under this RFA is subject to the availability of appropriated funds.

Funding identified for a future phase, milestone, incentive pool, extension, or other activity does not constitute a commitment, promise, or entitlement to such funding. Selection under this RFA, successful completion of any milestone, or entry into an Other Transaction Agreement does not entitle an applicant or awardee to funding for any subsequent phase or activity. Upon completion of a milestone or phase, DOE will provide written authorization to an awardee to proceed to a subsequent milestone or phase and the minimum funding available for that portion of the award. Moving from Phase I to Phase II and the funds available in Phase II, including the specific funding amounts available in the general incentive pool and bonus pool(s), are each subject to future appropriations, and absent of said appropriations, DOE reserves the right to end the awards prior to proceeding to Phase II and modify any funding available in Phase II. Selection under this RFA does not, by itself, constitute a commitment by the DOE to proceed with any subsequent acquisition that would require a different award instrument, additional competition, or approval.

In the event that no awardees are able to successfully demonstrate a device at the first-generation SRQC level by September 2028, DOE will evaluate the progress of the awardees completion of the milestones. If intermediate progress towards the final milestone is deemed sufficient by DOE, DOE will notify awardees of its intent to modify the OTA for an extended duration to be determined at a later date. If the competition is extended, DOE reserves the right to extend the awards by a fixed timeframe, by a time bounded by the first

Version 1.0 Page 11 of 48 successful demonstration, or by any other method, at DOE’s sole discretion. If the program is extended, DOE, at its sole discretion, may elect to provide a mechanism for new entities to join the program. The fixed and pooled payments are summarized in Table 2.

As discussed in Section IV, DOE will work with selected applicants whose quantum computing architecture is not naturally measurable in total logical qubits to identify equivalent technical metrics during negotiation. Judgement of the acceptability of alternative metrics is at the sole discretion of DOE. These metrics and targets will cover both realization of first-generation SRQC and eligibility for the two bonus pools.

Example calculation. The following example is provided to illustrate the funding pools mechanism. Consider a scenario in which $200,000,000 is available in the incentive pool and four performers (Alice, Bob, Charlie, and Deborah) all successfully deliver first-generation SRQCs, with Alice achieving 200 total logical qubits, Bob achieving 150, and Charlie and Deborah both achieving 100. In this scenario:

• The 200+ qubit bonus pool would be awarded to Alice ($50,000,000).

• The 150+ qubit bonus pool would be split evenly between Alice and Bob ($25,000,000 each).

• The general incentive pool would be split evenly between Alice, Bob, Charlie, and Deborah ($25,000,000 each).

As a result, each performer would receive the following total from incentive pools, in addition to any previous fixed payments they had received:

• Alice: $100,000,000

• Bob: $50,000,000

• Charlie: $25,000,000

• Deborah: $25,000,000

Funding Payment Eligibility Criteria Timeline (Approximate)

Fi xe d

Initial Plan

$250,000 per awardee

Awarded to each performer after DOE approves the V&V plan.

Six months after project initiation

Prototype $1,250,000 per awardee

Awarded upon successful DOE validation of the negotiated intermediate prototype milestone.

One year after project initiation

Po ol ed In ce nt iv es

First-generation

SRQC

Shared portion of general incentive pool, anticipated to

Awarded evenly to all awardees who successfully demonstrate a first-generation SRQC. General incentive pool is total program funding minus all fixed payments and bonus pools.

Fall 2028

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Bonus Pool 1

Shared portion of $50,000,000 bonus pool

Awarded evenly to all awardees who demonstrate 150 or more total logical qubits in addition to meeting other goals of a first-generation SRQC.

Fall 2028

Bonus Pool 2

Shared portion of $50,000,000 bonus pool

Awarded evenly to all awardees who demonstrate 200 or more total logical qubits in addition to meeting other goals of a first-generation SRQC.

Fall 2028

Table 2. Summary of how performers in this program will be paid. Fixed payments are awarded for intermediate milestones, with successful performers of the final milestone receiving distributions from three incentive pools depending on final performance. “Fall 2028” for final milestone payments reflects the September 2028 deadline plus additional time required for DOE to complete V&V across performers. Timeline is subject to negotiation between DOE and awardee, with final timeline being up to the DOE at its sole discretion.

1. Cost Sharing or Matching

DOE intends to waive applicable cost share requirements of the Energy Policy Act of

2005 (EPAct 2005), P.L. 109-58, as amended (42 U.S.C. § 16352) in accordance with section 988(b)(3) and section 988(c)(2) of EPAct 2005, and 42 U.S.C. § 7256.

B. Milestones The applicant is responsible for developing specific milestones to track progress under the project. Milestones must include, at minimum:

1. Verification and validation plan establishing mechanisms for evaluation of devices cooperatively with DOE anticipated to be delivered within six months of project initiation.

2. Prototype device and accompanying scientific subroutine demonstration described in Section IV.B, anticipated to occur no later than one year after the start of the program.

3. First-generation SRQC and accompanying scientific workflow demonstration described in Section IV.B., used as project capstone, with evaluation occurring across all participants in September 2028.

Milestones (2) and (3) must include access to the software stack supporting the programming, operation, and usage of quantum computers within a larger ecosystem including classical supercomputing. Additionally, DOE as a part of the final milestone, to be completed no

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Failure to complete the milestones within their anticipated timeframe may, at DOE’s sole discretion, result in the removal of the awardee from the program and termination of the OT agreement.

C. Deliverables and Reports

1. Deliverables:

Project deliverables will include but may not be limited to:

1. Validation data for quantum computing performance claims, such as logical qubit error rates, logical gate fidelities, and the width and depth of logical circuits and accompanying fidelities. As part of negotiations and the first milestone of the program, DOE will work with selected applicants to agree on an objective methodology for evaluating these quantities and finalize the nature of data provided to DOE.

2. Code and technical documentation for demonstrations towards scientific relevance, as well as input/output data for such demonstrations. To the extent that scientific workflows are hybridized between quantum and classical computers, both aspects must be provided to DOE for verification.

3. Systems (software and administrative) to enable accessibility to inspect, verify, and validate computers, manufacturing/assembly processes, and software products.

Applicants will be responsible for software stack elements necessary to the operation of quantum computers, such as compilers, schedulers, and automation of system operations.

The system access must be both physical (i.e., allowing personnel access to applicant facilities) and virtual (allowing personnel to access machines via API or web interface).

Deliverables for (2) and (3) above, including any system access, must be provided to

DOE and its contractors. See Section IV.A for additional information on DOE’s intended use of contractors.

Precise format and specifications for project deliverables will vary by technology approach and, except for specific requirements deferred to the deliverable for the first milestone, will be finalized during negotiations.

2. Reporting In addition to the deliverables above, applicants will be required to submit information to DOE regarding:

1. Manufacturing and supply chain of components, to allow DOE to understand the impact of the applicant’s activities on U.S. manufacturing and workforce and evaluating the requirement for these systems to be built in the U.S.

2. Milestone progress reporting, to allow DOE to understand intermediate progress towards

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Applicants should expect to provide DOE with written and verbal updates (e.g., via teleconference) at least quarterly.

D. Data and Intellectual Property

1. Application Data

Applicants should include business sensitive data (e.g., commercial or financial information that is privileged or confidential), trade secrets, proprietary, or otherwise confidential information in their application only to the extent such information is necessary to convey an understanding of the proposed project or to comply with a requirement in the RFA. For DOE to protect proprietary or otherwise sensitive information, the applicant must also treat the information as confidential and properly mark it as described below.

Notice of Restriction on Disclosure and Use of Data:

Pages [list applicable pages] of this document may contain trade secrets, confidential, proprietary, or privileged information that is exempt from public disclosure. Such information shall be used or disclosed only for evaluation purposes. The government may use or disclose any information that is not appropriately marked or otherwise restricted, regardless of source. [End of Notice]

The header and footer of every page of the application that contains confidential, proprietary, or privileged information must be marked as follows: “Contains Trade Secrets, Confidential, Proprietary, or Privileged Information Exempt from Public Disclosure.”

In addition, each line or paragraph containing proprietary, privileged, or trade secret information must be clearly marked with double brackets or highlighting.

Failure to comply with these marking requirements may result in the disclosure of the unmarked information under the Freedom of Information Act (FOIA) or otherwise.

These protections do not apply to information that the applicant has released publicly or is in the public domain. For additional information on DOE’s FOIA regulations, see 10 C.F.R.

Part 1004.

Evaluation and Administration by Non-Federal Personnel. In conducting the merit review evaluation, the government may seek the advice of qualified non-Federal personnel as reviewers. The government may also use non-Federal personnel to conduct routine, nondiscretionary administrative activities. The applicant, by submitting its application, consents to the use of non-Federal reviewers/administrators. Non-Federal reviewers must sign a conflict-of-interest agreement and a certificate of confidentiality prior to reviewing an application. Non-Federal personnel conducting administrative activities must sign a non-disclosure agreement.

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Interagency Sharing. DOE may share and use within the Government any application information provided by or on behalf of the applicant. Accordingly, in accordance with applicable law and notwithstanding any other provisions herein, by submitting an application or entering into an agreement with the DOE under this RFA, the applicant is providing consent for any properly marked trade secret, confidential, proprietary, privileged or otherwise sensitive application information provided by or on behalf of the applicant to be disclosed to the Executive Office of the President and relevant Agencies offering loans, grants, equity, guarantees or other Federal funding, for the purposes of evaluating the application for additional or alternative funding, for awareness of information influencing DOE’s funding decisions, and for awareness of the performance of DOE’s awards.

Rights Data, Title to Subject Inventions, and U.S. Competitiveness

The terms below represent DOE’s standard framework for Rights in Data, Title to Subject Inventions, and U.S. Competitiveness. DOE anticipates that these terms will be addressed and formalized during the negotiation of the final award agreement with selected Applicants.

Rights in Data

For U.S. Government rights in application information, please refer to the Use and Disclosure of Application Information section. The U.S. Government rights to data produced under the award or used in the performance of the award varies according to following classifications.

Limited Rights Data: Limited Rights Data is data (other than computer software) developed at private expense that embody trade secrets or are commercial or financial and confidential or privileged. For limited rights data used in the performance of the award, the U.S.

Government may inspect such data for the purposes of verifying the limited rights data rights assertion or for evaluating work performance but will not normally require delivery of such data.

For awards requiring delivery of Limited Rights Data and to ensure the protection of such data, the Limited Rights Data must be properly marked as set forth in the award’s intellectual property terms and conditions.

Unlimited Rights: Unlimited Rights Data is data first produced under the award or unmarked data delivered to the U.S. Government as part of the award. Unlimited rights mean the right of the U.S. Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever, and to have or permit others to do so.

Patentable Information: In addition to any other protection allowed under the award, invention disclosures and other patentable information may be protectable from public disclosure for a reasonable time to allow for filing a patent application.

Protected Data: Notwithstanding the unlimited rights that the U.S. Government normally obtains in data first produced under the award, DOE may in certain circumstances pursuant to special statutory authority provide that certain categories of data first produced under awards resulting from this RFA may be marked as Protected Data. Protected Data is technical data or commercial or financial data first produced under the award which, if it had been

Version 1.0 Page 16 of 48 obtained from and first produced by a non-federal party, would be privileged or confidential.

Such data is protected from public disclosure for up to five years after the data was first produced. Should DOE grant the ability to mark data as Protected Data, DOE may in certain circumstances authorize protection of data for more than five years. To qualify as Protected Data, DOE must concur with the classification, and the data must be properly marked as set forth in the award’s intellectual property terms and conditions. The applicant may request Protected Data in their award terms, and DOE may, at its discretion and subject to applicable authorities, include applicable terms in the resulting award.

The recipient, subrecipient(s), and contractor(s) may assert copyright in copyrightable works, such as software, first produced under the award without DOE approval. When copyright is asserted, the government retains a paid-up nonexclusive, irrevocable worldwide license to reproduce, prepare derivative works, distribute copies to the public, and to perform publicly and display publicly the copyrighted work. This license extends to contractors and others doing work on behalf of the government.

Title to Subject Inventions

DOE intends to release fast-track OT agreements using provisions similar to 37 C.F.R.

§ 401.14 and 35 U.S.C. § 200 et seq. allowing recipients to elect to retain title to their subject inventions. This RFA uses DOE’s OTA to negotiate intellectual property rights.

U.S. Competitiveness

The following U.S. Competitiveness is required under all award types, including OTAs.

A primary objective of DOE’s multi-billion-dollar research, development and demonstration investments is to cultivate new research and development ecosystems, manufacturing capabilities, and supply chains for and by U.S. industry and labor. Therefore, in exchange for receiving taxpayer dollars to support an applicant’s project, the applicant must agree to a U.S. Competitiveness provision requiring any products embodying any subject invention or produced using any subject invention will be manufactured substantially in the United States unless the Recipient can show to the satisfaction of DOE that it is not commercially feasible.

Please note that a subject invention is any invention conceived or first actually reduced in performance of work under an award. An invention is any invention or discovery which is or may be patentable. The recipient includes any awardee, recipient, sub-awardee, or sub-recipient.

As noted in the U.S. Competitiveness Provision, if an entity cannot meet the requirements of the U.S. Competitiveness Provision, the entity may request a modification or waiver of the U.S. Competitiveness Provision. If granted, DOE will modify the award terms and conditions for the requesting entity accordingly. More information and guidance on the waiver and modification request process can be found in the DOE Financial Assistance Letter on this topic, available here at https://www.energy.gov/management/pf-2022-09-fal-2022-01-implementation-doe-determination-exceptional-circumstances-under. Additional information on DOE’s Commitment to Domestic Manufacturing for DOE-funded R&D is available at https://www.energy.gov/gc/us-manufacturing.

https://www.energy.gov/management/pf-2022-09-fal-2022-01-implementation-doe-determination-exceptional-circumstances-under https://www.energy.gov/management/pf-2022-09-fal-2022-01-implementation-doe-determination-exceptional-circumstances-under https://www.energy.gov/gc/us-manufacturing

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E. Eligibility Information

1. Eligibility

All applicants must meet the following criteria to be eligible. DOE will use all available tools and authorities to verify eligibility and alignment with the strategic interests and foreign policies of the United States.

Applications may only be submitted by for-profit domestic entities. To qualify as a domestic entity, the entity must be legally formed in the United States and have a physical location for business operations in the United States. In limited circumstances, DOE may approve a waiver to allow a foreign entity to participate as a recipient or subrecipient. A foreign entity may apply to this RFA, either as a recipient or subrecipient, but the application must be accompanied by an explicit written waiver. Applications led by a foreign entity must state the nature of the corporate relationship between the foreign entity and domestic subsidiary or affiliate. All work under the award must be performed in the United States, but the applicant may request a partial waiver of this requirement as described herein.

An organization may participate in multiple proposals in response to this solicitation;

however, DOE does not intend to make awards to multiple applicants that rely on substantively similar qubit technologies from a single provider. For example, if a qubit technology provider were to lead an application to this solicitation and also partner on one or more applications led by one or more system integrators, DOE intends to pursue awards corresponding to at most one of those submitted applications.

Should DOE receive submissions in excess of the applicable limits, DOE reserves the right, in its sole discretion, to request additional or clarifying information to ascertain the institutions intended submissions. Otherwise, DOE will consider the latest received submissions to the institutions intended submissions. Applications in excess of the limited number of submissions may be declined without review.

2. Prohibition Related to Malign Foreign Talent Recruitment Programs Prohibition

Individuals participating in a Malign Foreign Talent Recruitment Program are prohibited from participating in this award.

Should an award result from this RFA, the recipient must exercise ongoing due diligence to reasonably ensure that no such individuals participating on the DOE-funded project are participating in a Malign Foreign Talent Recruitment Program. Consequences for violations of this prohibition will be determined according to applicable law, regulations, and policy.

Further, the recipient must notify DOE within five (5) business days upon learning that an individual on the project team is or is believed to be participating in a malign https://bidenwhitehouse.archives.gov/wp-content/uploads/2024/02/OSTP-Foreign-Talent-Recruitment-Program-Guidelines.pdf#page=3

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Required Certifications

a. Each covered individual must certify that they are not party to a Malign Foreign Talent Recruitment Program.

b. The applicant and the subrecipients must certify that the covered individuals in their respective employment have been made aware of the Malign Foreign Talent Recruitment Program prohibition and have complied with their certification responsibilities identified in a.

Non-Discrimination

DOE will ensure that the Malign Foreign Talent Recruitment Program Prohibition is carried out in a manner that does not target, stigmatize, or discriminate against individuals on the basis of race, ethnicity, or national origin, consistent with title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000(d) et seq.).

Definitions

Malign Foreign Talent Recruitment Program, as defined in Pub. L. No. 117-167, Section 10638(4):

A. any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration directly provided by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country, to the targeted individual, whether directly or indirectly stated in the arrangement, contract, or other documentation at issue, in exchange for the individual—

i. engaging in the unauthorized transfer of intellectual property, materials, data products, or other nonpublic information owned by a United States entity or developed with a federal research and development award to the government of a foreign country or an entity based in, funded by, or affiliated with a foreign country regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products;

ii. being required to recruit trainees or researchers to enroll in such program, position, or activity;

iii. establishing a laboratory or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country or with an entity based https://bidenwhitehouse.archives.gov/wp-content/uploads/2024/02/OSTP-Foreign-Talent-Recruitment-Program-Guidelines.pdf#page=3 https://bidenwhitehouse.archives.gov/wp-content/uploads/2024/02/OSTP-Foreign-Talent-Recruitment-Program-Guidelines.pdf#page=3

Version 1.0 Page 19 of 48 in, funded by, or affiliated with a foreign country if such activities are in violation of the standard terms and conditions of a federal research and development award;

iv. being unable to terminate the foreign talent recruitment program contract or agreement except in extraordinary circumstances;

v. through funding or effort related to the foreign talent recruitment program, being limited in the capacity to carry out a research and development award or required to engage in work that would result in substantial overlap or duplication with a federal research and development award;

vi. being required to apply for and successfully receive funding from the sponsoring foreign government's funding agencies with the sponsoring foreign organization as the recipient;

vii. being required to omit acknowledgment of the recipient institution with which the individual is affiliated, or the federal research agency sponsoring the research and development award, contrary to the institutional policies or standard terms and conditions of the federal research and development award;

viii. being required to not disclose to the federal research agency or employing institution the participation of such individual in such program, position, or activity;

or

ix. having a conflict of interest or conflict of commitment contrary to the standard terms and conditions of the federal research and development award; and

B. a program that is sponsored by—

i. a foreign country of concern or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern;

ii. an academic institution on the list developed under section 1286(c)(8) of the John S.

McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. § 2358 note; 1 Public Law 115–232); or

iii. a foreign talent recruitment program on the list developed under section 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. § 2358 note; 1 Public Law 115–232).

Consistent with applicable law (42 U.S.C. § 19232), this provision does not prohibit, unless such activities are funded, organized, or managed by an academic institution or a foreign talent recruitment program on the lists developed under paragraphs (8) and (9) of section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. § 4001 note; Public Law 115–232):

A. making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law;

B. participation in international conferences or other international exchanges, research projects or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding and not otherwise controlled under current law;

C. advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student's request; and http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title42-chapter163-subchapter6-partC&saved=%7CKHRpdGxlOjQyIHNlY3Rpb246MTkyMzIgZWRpdGlvbjpwcmVsaW0pIE9SIChncmFudWxlaWQ6VVNDLXByZWxpbS10aXRsZTQyLXNlY3Rpb24xOTIzMik%3D%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim&edition=prelim#19237_1_target http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title42-chapter163-subchapter6-partC&saved=%7CKHRpdGxlOjQyIHNlY3Rpb246MTkyMzIgZWRpdGlvbjpwcmVsaW0pIE9SIChncmFudWxlaWQ6VVNDLXByZWxpbS10aXRsZTQyLXNlY3Rpb24xOTIzMik%3D%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim&edition=prelim#19237_1_target

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D. other international activities determined appropriate by the federal research agency head or designee.

3. Prohibition on Entities of Concern Prohibition

No Entity of Concern as defined in Section 10114 of Public Law 117-167 (42 U.S.C. § 18912), may receive any OT award, or loan of $10 million or more in Department of Energy funds, including funds made available by the Consolidated Appropriations Act, 2024 (Public Law 118-42). In addition, for all awards involving Departmental activities authorized under Public Law 117-167, no Entity of Concern (including an individual that owns or controls, is owned or controlled by, or is under common ownership or control with an Entity of Concern) may receive DOE funds or perform work under any award, subject to certain penalties. See Section 10114 of Public Law 117-167 (42 U.S.C. § 18912) and Division D, Title III, Section 310 of Division D of the Consolidated Appropriations Act of 2024 (Pub. L. No. 118-42) for additional information.

By submitting an application to this RFA, the applicant is certifying that neither the applicant nor any of the project participants qualify as Entities of Concern.

Definitions

Entity of Concern is defined in section 10114 of Public Law 117-167 (42 U.S.C. § 18912), also known as the CHIPS and Science Act, as any entity, including a national, that is—

A. identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. § 1701 note; Public Law 105–261);

B. identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. § 113 note; Public Law 116–283);

C. https://media.defense.gov/2025/Jan/07/2003625471/-1/-1/1/ENTITIES-IDENTIFIED-

AS-CHINESE-MILITARY-COMPANIES-OPERATING-IN-THE-UNITED-

STATES.PDFon the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations;

D. included in the list required by section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145; 134 Stat. 656); or

E. identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat—https://www.ecfr.gov/current/title- 15/subtitle-B/chapter-VII/subchapter-C/part-744/appendix-Supplement No. 4 to Part 744

i. to the national security of the United States; or

ii. of theft or loss of United States intellectual property.

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