FundOpp_DE-FOA-0003101_Amd_000002.pdf

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FINANCIAL ASSISTANCE

FUNDING OPPORTUNITY ANNOUNCEMENT

Department of Energy (DOE) Grid Deployment Office (GDO)

Inflation Reduction Act - Transmission Siting and Economic Development Program

Funding Opportunity Announcement (FOA) Number: DE-FOA-0003101 FOA Type: Modification 000002

Assistance Listing Number: 81.254

FOA Issue Date: August 29, 2023 Submission Deadline for Concept Papers: November 17, 2023, 5:00pm ET Submission Deadline for Full Applications: April 5, 2024, 5:00pm ET Expected Date for DOE Selection Notifications: Summer 2024 Submission Deadline for Concept Papers: August 2024 Submission Deadline for Full Applications: Winter 2025 Expected Date for DOE Selection Notifications: Summer 2025 Submission Deadline for Concept Papers: Fall 2025 Submission Deadline for Full Applications: Winter 2026 Expected Date for DOE Selection Notifications: Summer 2026

• Applicants must submit a Concept Paper by 5:00pm ET on the due date listed above 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 Funding Opportunity Exchange (INFRASTRUCTURE eXCHANGE) online application portal at https://infrastructure-exchange.energy.gov.

mailto:FOA2987@netl.doe.gov mailto:InfrastructureExchangeSupport@hq.doe.gov https://infrastructure-exchange.energy.gov/

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• Applicants must designate primary and backup points-of-contact 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.

MODIFICATIONS

All modifications to the Funding Opportunity Announcement are highlighted in the body of the FOA.

Modification No.

Date Description of Modification

0000001

10/16/2023

The purpose of this modification is to extend the due date regarding concept paper submission for the first phase as well as adding two additional phases of concept paper and full application submissions and awards.

000002

3/7/2024

The purpose of this modification is to correct a page limitation discrepancy regarding the Technical Volume document (please see page 23).

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Registration Requirements

There are several one-time actions that must be completed before submitting an application in response to this Funding Opportunity Announcement (FOA) (e.g., register with the System for Award Management (SAM), obtain a Unique Entity Identifier (UEI) number, and register with the Clean Energy Infrastructure Funding Opportunity Exchange (INFRASTRUCTURE eXCHANGE). It is vital that applicants address these items as soon as possible. Some of these steps may take several weeks, and failure to complete them could interfere with an applicant’s ability to apply to this FOA.

SAM – Applicants must register with SAM at https://www.sam.gov/ prior to submitting an application in response to this FOA. Designating an Electronic Business Point of Contact and obtaining a special password called an MPIN are important steps in SAM registration. The applicant must maintain an active SAM registration with current information at all times during which it has an active federal award or application under consideration. More information about SAM registration for applicants is found at:

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=650d493e1bab7c105465eaccac4bcb cb.

NOTE: If clicking the SAM links do not work, please copy and paste the link into your browser.

Due to the high demand for SAM registrations and UEI requests, entity legal business name and address validations are taking longer than expected to process. Entities should start the SAM and UEI registration process as soon as possible. If entities have technical difficulties with the SAM registration or UEI validation 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.

UEI – Applicants must obtain an UEI from the SAM to uniquely identify the entity. The UEI is available in the SAM entity registration record. Due to extended wait-times, if an applicant is unable to secure a UEI by the deadline for submittal of a concept paper, the applicant may provisionally mark the UEI “N/A.”

NOTE: Subawardees/subrecipients at all tiers must also obtain an UEI from the SAM and provide the UEI to the Prime Recipient before the subaward can be issued. Full registration in SAM is not required to obtain an UEI for subaward reporting.

INFRASTRUCTURE FUNDING OPPORTUNITY EXCHANGE (INFRASTRUCTURE eXCHANGE) – Register and create an account on INFRASTRUCTURE eXCHANGE at https://infrastructure-exchange.energy.gov . This account will allow the user to apply to any open FOAs that are currently in INFRASTRUCTURE eXCHANGE.

It is recommended that each organization or business unit, whether acting as a team or a single entity, use only one account as the contact point for each submission. Applicants should also mailto:FOA2987@netl.doe.gov mailto:InfrastructureExchangeSupport@hq.doe.gov https://www.sam.gov/ https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=650d493e1bab7c105465eaccac4bcbcb https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=650d493e1bab7c105465eaccac4bcbcb https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058422&sys_kb_id=1b5f22581b2115102fe5ed7ae54bcb4e&spa=1

Problems with Exchange? Email InfrastructureExchangeSupport@hq.doe.gov. Include FOA name and number in designate backup points of contact so they may be easily contacted if deemed necessary. This step is required to apply to this FOA. The INFRASTRUCTURE eXCHANGE registration does not have a delay; however, the remaining registration requirements below could take several weeks to process and are necessary for a potential applicant to receive an award under this FOA.

Questions related to the registration process and use of the INFRASTRUCTURE eXCHANGE website should be submitted to: InfrastructureExchangeSupport@hq.doe.gov

FedConnect.net – Register in FedConnect (https://www.fedconnect.net). To create an organization account, your organization’s SAM MPIN is required. For more information about the SAM MPIN or other registration requirements, review the FedConnect Ready, Set, Go! Guide at https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf.

Electronic Authorization of Applications and Award Documents – Submission of an application and supplemental information under this FOA through electronic systems used by the DOE, including INFRASTRUCTURE eXCHANGE and FedConnect, constitutes the authorized representative’s approval and electronic signature.

https://www.fedconnect.net/ https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf

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Table of Contents

Registration Requirements

Table of Contents................................................................................................................................................... v

I. Funding Opportunity Description

A. Background and Context

i. Program Purpose

B. Areas of Interest C. Applications Specifically Not of Interest D. Community Benefits Plan: Job Quality and Equity – Area of Interest 2 Only E. Authorizing Statutes

II. Award Information

A. Award Overview

i. Estimated Funding

ii. Period of Performance

iii. New Applications Only

B. DOE Funding Agreements

i. Grants

ii. Cooperative Agreements

iii. Funding Agreements with Federally Funded Research and Development Centers (FFRDCs)

III. Eligibility Information

A. Eligible Applicants B. Cost Sharing

i. Legal Responsibility

ii. Cost Share Allocation

iii. Cost Share Types and Allowability

iv. Cost Share Contributions by FFRDCs

v. Cost Share Verification

C. Compliance Criteria D. Responsiveness Criteria E. Other Eligibility Requirements

Requirements for DOE/NNSA and 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 B. Form and Content Requirements C. Application Forms D. Content and Form of the Concept Paper E. Content and Form of the Full Application

i. Full Application Content Requirements

ii. SF-424: Application for Federal Assistance

iii. Technical Volume

iv. Resumes

v. Letters of Commitment

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vi. Community Partnership Documentation – AOI 2 Only

vii. Statement of Project Objectives (SOPO)

viii. Budget Justification Workbook

ix. Summary for Public Release

x. Summary Slide

xi. Subrecipient Budget Justification (if applicable)

xii. Budget for DOE/NNSA FFRDC (if applicable)

xiii. Authorization for non-DOE/NNSA or DOE/NNSA FFRDCs (if applicable)

xv. SF-LLL: Disclosure of Lobbying Activities (required)

xvi. Waiver Requests (if applicable)

xvii. Community Benefits Plan: Job Quality and Equity – Applicable to AOI 2 Only

xviii. Community Benefits Plan Budget Justification – AOI 2 Only

xix. Current and Pending Support

xx. Locations of Work

xxi. Transparency of Foreign Connections

xxii. Potentially Duplicative Funding Notice (if applicable)

xxiii. Project Management Plan

F. Post-Selection Information G. Unique Entity Identifier (UEI) and System for Award Management (SAM) H. Intergovernmental Review I. 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. Lobbying

ix. Risk Assessment

x. Invoice Review and Approval

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

xii. Affirmative Action and Pay Transparency Requirements

xiii. Foreign Collaboration Considerations

V. Application Review Information

A. Technical Review Criteria

i. Concept Papers

ii. Full Applications

B. Standards for Application Evaluation C. Other Selection Factors

i. Program Policy Factors D. Evaluation and Selection Process

i. Overview

ii. Pre-Selection Interviews

iii. Pre-Selection Clarification

iv. Recipient Responsibility and Qualifications

v. Selection

E. Anticipated Notice of Selection and Award Negotiation Dates

VI. Award Administration Information

A. Award Notices

i. Ineligible Submissions

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ii. Concept Paper Notifications

iii. Full Application Notifications

iv. Successful Applicants

v. Alternate Selection Determinations

vi. Unsuccessful Applicants

B. Administrative and National Policy Requirements

i. Award Administrative Requirements

ii. Foreign National Participation (April 2023)

iii. Subaward and Executive Reporting

iv. National Policy Requirements

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

vi. Applicant Representations and Certifications

vii. Statement of Federal Stewardship

viii. Statement of Substantial Involvement (Applicable to Area of Interest 2 only)

ix. Intellectual Property Provisions

x. Reporting

xi. Go/No-Go Review

xii. Conference Spending

xiii. Indemnity

xiv. Uniform Commercial Code (UCC) Financing Statements

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

xvi. Participants and Collaborating Organizations

xvii. Current and Pending Support

xviii. Interim Conflict of Interest Policy for Financial Assistance

xix. Fraud, Waste and Abuse

xx. Human Subjects Research

xxi. Real Property and Equipment

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. Rights in Technical Data K. Copyright L. Export Control M. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment N. Personally Identifiable Information (PII) O. Annual Independent Audits

Appendix A – Cost Share Information

Appendix B – Sample Cost Share Calculation for Blended Cost Share Percentage

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

Appendix D – Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Buy America Requirement for Infrastructure Projects

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Appendix E – List of Acronyms

Appendix F – Statement of Project Objectives

Appendix G – Project Management Plan

ACRONYM LIST ........................................................................................................... Error! Bookmark not defined.

EXECUTIVE SUMMARY AND TECHNICAL APPROACH ................................................... Error! Bookmark not defined.

KEY PERSONNEL .......................................................................................................... Error! Bookmark not defined.

TEAM MEMBERS ......................................................................................................... Error! Bookmark not defined.

PROJECT BUDGET AND SPEND PLAN ........................................................................... Error! Bookmark not defined.

MILESTONE LOG ......................................................................................................... Error! Bookmark not defined.

PROJECT SCHEDULE AND DELIVERABLES ..................................................................... Error! Bookmark not defined.

METRICS ..................................................................................................................... Error! Bookmark not defined.

RISK MANAGEMENT ................................................................................................... Error! Bookmark not defined.

I. Funding Opportunity Description

A. Background and Context

The U.S. Department of Energy (DOE)/National Energy Technology Laboratory (NETL) is issuing, on behalf of the Grid Deployment Office (GDO), this Funding Opportunity Announcement (FOA). Awards made under this FOA will be funded, in whole or in part, with funds appropriated by Section 50152 of the Inflation Reduction Act of 2022 (IRA) – Grants to Facilitate the Siting of Interstate Electricity Transmission Lines.

The IRA makes the single largest investment in energy and climate in American history, putting the United States on a pathway to achieving the Biden-Harris Administration’s clean energy and climate goals, including a carbon pollution-free power sector by 2035, while securing America’s position as a world leader in domestic clean energy manufacturing, creating quality jobs, investing in communities, and advancing environmental justice.

Under Section 50152(a), the IRA appropriated $760 million to make grants to siting authorities to carry out eligible activities that will facilitate the siting and permitting of “covered transmission projects” or to siting authorities and other governmental entities for economic development activities in communities that may be affected by the construction and operation of a “covered transmission project.” A “covered transmission project” is defined in Section 50152(e)(1) as a “high voltage interstate or offshore electricity transmission line” for which an entity has applied for, or informed a siting authority of an intent to apply for, regulatory approval, and that is proposed to be constructed and to operate:

• At a minimum of 275 kilovolts of either alternating-current or direct-current electric energy by an entity; or

• Offshore and at a minimum of 200 kilovolts of either alternating-current or direct-current electric energy by an entity.

These investments, particularly when combined with programs authorized and funded by the Infrastructure Investment and Jobs Act (otherwise known as the Bipartisan Infrastructure Law), will support the timely construction of new or upgraded electric transmission facilities and facilitate the siting of transmission facilities, while doing so in a manner consistent with affected community priorities, including considerations of environmental and energy justice, equity, job quality, and Tribal cultural resources.

i. Program Purpose

This program aims to ensure the timely siting and construction of new or upgraded interstate or offshore electric transmission facilities while providing economic benefits to impacted communities. In order to accelerate and strengthen siting and permitting activities carried out by state, local, and Tribal siting and permitting authorities, this program will support efforts to standardize and streamline siting and permitting processes, coordinate across jurisdictions, and carry out robust public engagement, among other things. In order to provide economic benefits to communities impacted by the construction and operation of interstate or offshore transmission lines, including economically disadvantaged communities and environmental justice communities, this program will provide funds to siting authorities or other types of state, local, or Tribal governmental entities to support a wide range of projects that provide benefits targeted to the needs of impacted communities.

B. Areas of Interest

Consistent with IRA Section 50152(b)(1) and (2), this FOA invites applications for two areas of interest. As described in more detail below, the first area of interest pertains to siting and permitting activities and the second area of interest pertains to economic development initiatives. If an applicant is eligible to apply for both types of awards, a separate application must be submitted for each area of interest because each area of interest has distinct requirements. However, an applicant may propose more than one qualifying activity under a single area of interest within one application (for example, two siting and permitting activities, or three economic development projects).

If an applicant is eligible to apply for awards under both areas of interest, the applicant is welcome to do so. However, a separate application must be submitted for Area of Interest 1 (siting and permitting) versus Area of Interest 2 (economic development), as each has distinct requirements. DOE will evaluate each application separately. An applicant may propose more than one qualifying activity under a single area of interest within one application (for example, two siting and permitting activities, or three economic development projects), but DOE does not guarantee funding for more than one activity.

In accordance with IRA Section 50152(e)(1), each Application for funds must indicate on what basis the applicable transmission project qualifies as a “covered transmission project,” as defined in Section I(A) of this FOA (Background and Context). This requirement applies to both areas of interest.

Area of Interest 1 - Siting and Permitting Activities:

Applicants applying for support for siting and permitting activities under IRA Section 50152(b)(1) may propose one or more of the activities in paragraphs (A)-(E) below.

(A) Studies and analyses of the impacts of the covered transmission project.

(B) Examination of up to 3 alternate siting corridors within which the covered transmission project feasibly could be sited.

(C) Participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction, or under the auspices of a Transmission Organization (as defined in section 796 of title 161) that is also considering the siting or permitting of the covered transmission project.

(D) Participation by the siting authority in regulatory proceedings at the Federal Energy Regulatory Commission or a State regulatory commission, or relevant authority within an Indian Tribe, for determining applicable rates and cost allocation for the covered transmission project.

(E) Other measures and actions that may improve the chances of, and shorten the time required for, approval by the siting authority of the application relating to the siting or permitting of the covered transmission project, as the Secretary determines appropriate.

The following are examples of activities that may qualify as “other measures and actions” eligible for grant support under paragraph (E). DOE emphasizes that this list is not exhaustive and is intended only to provide examples of activities that could be considered eligible for grant support under paragraph (E). Other types of novel programs or pilots may also be eligible.

1. Human resources capacity, including funds to support staff or consultants

1 The term “Transmission Organization" means “a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities.” 16 U.S.C. 796(29). The term “Regional Transmission Organization” means “an entity of sufficient regional scope approved by the Commission—(A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce;

and (B) to ensure nondiscriminatory access to the facilities.” 16 U.S.C. 796(27). The term “Independent System Operator” means “an entity approved by the Commission—(A) to exercise operational or functional control of facilities used for the transmission of electric energy in interstate commerce; and (B) to ensure nondiscriminatory access to the facilities. 16 U.S.C. 769(28).

to carry out activities related to permitting and siting of a covered transmission project.

2. Coordination with other state, Tribal or federal jurisdictions relevant to the siting and permitting of a covered transmission project.

3. Coordination regarding a covered transmission project with other siting and permitting entities within the same state.

4. Engagement and communication with stakeholders including impacted communities regarding a covered transmission project, not limited to:

i. The development of plain language informational and educational materials to support the siting and permitting of a covered transmission project, such as (1) materials that describe siting and permitting regulatory processes and identify opportunities for the public to engage with those processes, or (2) materials that describe the benefits and impacts of a covered transmission project.

ii. Convening members of the public including impacted community members for meetings concerning siting and permitting of a covered transmission project, to include the costs of neutral meeting facilitators and other miscellaneous meeting facilitation costs.

5. Other activities proposed by the applicant to increase the efficiency of and otherwise strengthen siting and permitting processes applicable to a covered transmission project.

Please note that with respect to siting and permitting activities, IRA Section 50152(c)(1) directs that DOE “shall require a siting authority to agree, in writing, to reach a final decision on the application relating to the siting or permitting of the applicable covered transmission project” within two years of receiving a grant to support siting and permitting activities under subpart 50152(b)(1) “unless the Secretary authorizes an extension for good cause.” In the event that, in the future, a request for extension of a final decision is received, DOE will review that request based on the specific facts and circumstances. A delay due to the awardee is not likely to constitute "good cause." Facts and circumstances that could be deemed to support a good cause basis for an extension of the two-year deadline for a final decision may include, among other things:

• Changed circumstances outside the control of the awardee. For instance, these could include fundamental changes to the economics or siting of a covered transmission project that arise due to requirements imposed by a jurisdictional authority other than the awardee.

• Global events causing unavoidable delay, such as a public health emergency.

In addition, with respect to grant funds provided for siting and permitting activities, IRA Section 50152(d) directs that a siting authority must return to DOE any grant funds that have not been used within two years of receipt. The IRA does not provide for any waiver of the requirement to spend all siting and permitting funds within two years of receipt, or otherwise to return unspent funds to DOE.

Area of Interest 2 – Economic Development Activities:

Under IRA Sec. 50152(b)(2), this FOA supports economic development activities that benefit communities impacted by a covered transmission project. These economic development grants can be awarded to siting authorities or to any other state, local, or Tribal governmental entity for activities that will promote economic development in communities that may be affected by the construction and operation of a covered transmission project.

Applicants will need to show that the activities proposed will benefit communities expected to be impacted by the construction or operation of a covered transmission project, i.e., an interstate transmission line proposed to operate at no less than 275 kV on land or an offshore transmission line expected to operate at no less than 200 kV. In addition, achieving environmental and energy justice objectives is a priority for these funds.

Below is a list of examples of economic development activities that could benefit affected communities and be eligible for award under this Area of Interest.

However, DOE emphasizes that this list is intended only to provide examples;

applicants are not limited to this list of activities and DOE does not guarantee that these types of activities will be funded. Rather, DOE urges applicants to consider local community needs and to consult local communities directly in order to identify one or more economic development activities that are tailored to community needs. Activities associated with a clear local need and interest may be given a higher priority than these examples depending on the facts and circumstances.

Examples of possible economic development activities include:

1. Sub-grant programs offered by eligible applicants to impacted communities and community-based organizations, soliciting community-proposed activities that will positively impact the local economy.

2. Local energy democratization and resilience projects, including but not limited to the development of microgrids, distributed generation, energy storage, or electric vehicle charging infrastructure.

3. Affordable and sustainable housing opportunities.

4. Co-location of broadband that will serve a local community or communities in the transmission corridor.

5. Development of community facilities including but not limited to facilities for the following uses: public safety services such as fire departments or police stations; healthcare services; utility services; education facilities;

public facilities such as town halls, courthouses, community centers, airport hangars or street improvements.

6. Development or improvement of environmental resources, such as the establishment of green spaces, restoration of disturbed lands, or expansion of endangered species habitat.

7. Job training and apprenticeship programs.

8. Establishment of a Low-income energy fund, e.g., to provide bill relief or support energy optimization initiatives for income-eligible populations.

9. Other activities proposed by the applicant that will provide benefit to impacted communities consistent with IRA Sec. 50152(b)(2).

Applicants may propose more than one economic development activity in a single application.

Applicants should demonstrate that the activities proposed will benefit communities that will be impacted by the construction or operation of a covered transmission project.

Please note that under IRA Sec. 50152(c), DOE can select awardees for economic development grants prior to a decision to site and permit the relevant transmission project and obligate federal funds for such awardees, but DOE cannot authorize disbursement of the funds to an awardee until either a siting decision has been issued (if the grantee is a siting authority) or construction has commenced2 on the portion of the transmission project in the area under the jurisdiction of the grantee (for grantees that are not siting agencies). This restriction on the disbursement of funds will help to ensure that only impacted communities ultimately receive grant support.

Applicants are strongly encouraged to seek funding for economic development activities prior to a siting decision (if the grantee is a siting authority) or prior to construction commencing on the applicable project in the area under the jurisdiction of the entity (if the grantee is another state, local, or Tribal governmental entity), however DOE will only disburse funds once those conditions have been met.

C. Applications Specifically Not of Interest

The following types of applications will be deemed nonresponsive and will not be reviewed or considered (see Section III of the FOA):

• Applications that clearly fall outside the parameters and objectives specified in Section I of the FOA.

• Applications for activities that have no nexus to a covered transmission project, as that term is defined in IRA Section 50152(e)(1).

• Applications for activities that pertain to transmission infrastructure that has already been fully permitted and that is fully operational in all relevant jurisdictions.

D. Community Benefits Plan: Job Quality and Equity – Area of

Interest 2 Only

To support the goal of building a clean and equitable energy economy, IRA-funded projects are expected to (1) support meaningful community and labor engagement;

(2) invest in America’s workforce; (3) advance diversity, equity, inclusion, and accessibility (DEIA); and (4) contribute to the President’s goal that 40% of the overall

2 There are two methods to establish the beginning of construction requirement under IRA Sec. 50152(c) has been satisfied: (1) construction of a covered transmission project begins when physical work of a significant nature begins and is maintained continuously based on the particular facts and circumstances; or (2) the grantee pays or incurs five percent or more of the total cost of the covered transmission project and make continuous effort to advance towards completion of the covered transmission project. Facts and circumstances indicating continuous efforts to advance towards completion of the covered transmission project may include, but are not limited to: (a) paying or incurring additional amounts included in the total cost of the covered transmission project;

(b) entering into binding written contracts for components or future work on construction of the covered transmission project; (c) obtaining necessary permits; and (d) performing physical work of a significant nature. If a covered transmission project is placed into service within [6 Years] then the covered transmission project would have satisfied the continuous effort requirements of 1 and 2 above.

benefits of certain federal investments flow to disadvantaged communities (the Justice40 Initiative).3 To ensure these goals are met, applications must include a Community Benefits Plan when applying for AOI 2 that describes how the proposed project would incorporate the four objectives stated above.

Applicants are encouraged to submit Community and Labor Partnership Documentation from established labor and community-based organizations that demonstrate the applicant’s ability to achieve the above goals as outlined in the Community Benefits Plan. Within the Community Benefits Plan, the applicant is encouraged to provide details on how to ensure the delivery of measurable community and jobs benefits, ideally using negotiated agreements between the applicant and the community, and/or the applicant and labor unions referred to collectively here as “Workforce and Community Agreements.” These include good neighbor agreements, community benefits agreements, community workforce agreements, project labor agreements, and other collective bargaining agreements.

See Section IV.D.xvi. for the Community Benefits Plan content requirements.

Applicants to AOI1 (siting and permitting activities) are not required to submit a Community Benefits Plan, as the focus of that area of interest is on governmental siting and permitting review processes and does not involve carrying out activities in communities where transmission projects will be constructed and operated.

E. Authorizing Statutes

The programmatic authorizing statute is:

• Public Law (PL) 95-91, DOE Organization Act

• PL 117-169, Inflation Reduction Act of 2022 o Section 50152 – 42 USC § 18715a

Awards made under this announcement will fall under the purview of 2 Code of Federal Regulation (CFR) Part 200 as amended by 2 CFR Part 910.

3 The Justice40 initiative, established by E.O. 14008, sets a goal that 40% of the overall benefits of certain federal investments flow to disadvantaged communities. Pursuant to E.O. 14008 and the Office of Management and Budget’s Interim Justice40 Implementation Guidance M-21-28 and M-23-09 (whitehouse.gov), DOE recognizes disadvantaged communities as defined and identified by the White House Council on Environmental Quality’s Climate and Economic Justice Screening Tool (CEJST), 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.

https://www.congress.gov/bill/95th-congress/senate-bill/826 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

II. Award Information

A. Award Overview

i. Estimated Funding DOE expects to make a total of approximately $300,000,000 of federal funding available for awards through this FOA, subject to the availability of appropriated funds. DOE may issue one, multiple, or no awards in the Areas of Interest identified below.

Areas of Interest Number

Areas of Interest Title

Anticipated Number of

Awards

Anticipated Minimum

Award Size for Any One Individual

Award (Fed Share)

Anticipated Maximum Award Size for Any One Individual

Award (Fed Share)

Approximate Total Federal

Funding Available for All Awards

Anticipated Period of

Performance (months)

1A-1E Siting and Permitting 14-40 $100,000 $10,000,000 $100,000,000 24 2 Economic

Development 4-40 $100,000 $50,000,000 $200,000,000 24-48

The approximate total federal funding available for all awards under each Area of Interest is subject to change.

DOE may establish more than one budget period for each award and fund only the initial budget period(s). Funding for all budget periods, including the initial budget period, is not guaranteed.

ii. Period of Performance

Area of Interest 1 – Siting and Permitting For Area of Interest 1, DOE anticipates making awards that will run for 24 months in length, comprised of one or more budget periods.

Area of Interest 2 – Economic Development For Area of Interest 2, DOE anticipates making awards that will run for 24-48 months in length from the time that the awardee receives disbursed funds. DOE may make awards for longer periods based on the facts and circumstances of a specific project proposal, but generally the term will not exceed 60 months from the time the awardee receives the first disbursal of funds. The term of an award may be comprised of one or more budget periods. Project continuation will be contingent upon several elements, including satisfactory performance and any Go/No-Go decisions that may be necessary from DOE. For a complete list and more information on the potential for Go/No-Go review, see Section VI.

iii. New Applications Only

DOE will accept only new applications under this FOA. DOE will not consider applications for renewals of existing DOE-funded awards through this FOA.

B. DOE Funding Agreements

Through cooperative agreements and other similar agreements, DOE provides financial and other support to projects that have the potential to realize the FOA objectives. DOE does not use such agreements to acquire property or services for the direct benefit or use of the United States government.

i. Grants

DOE has the authority to provide financial support to prime recipients through grants. It is anticipated that DOE may fund projects through grants, as appropriate for awards made under Area of Interest 1.

ii. Cooperative Agreements It is anticipated that DOE may use cooperative agreements to provide financial and other support to prime recipients under Area of Interest 2.

Through cooperative agreements, DOE provides financial or other support to accomplish a public purpose of support or stimulation authorized by federal statute. Under cooperative agreements, the government and prime recipients share responsibility for the direction of projects.

DOE has substantial involvement in all projects funded via cooperative agreement. See Section VI of the FOA for more information on what substantial involvement may involve.

iii. Funding Agreements with Federally Funded Research and

Development Centers (FFRDCs)4 In most cases, FFRDCs are funded independently of the remainder of the project team. The FFRDC then executes an agreement with any non-FFRDC project team members to arrange work structure, project execution, and any other matters.

Regardless of these arrangements, the entity that applied as the prime recipient for the project will remain the prime recipient for the project. See Section III.E.iii.

4 FFRDCs are public-private partnerships that conduct research for the United States government. A listing of FFRDCs can be found at http://www.nsf.gov/statistics/ffrdclist/.

http://www.nsf.gov/statistics/ffrdclist/

III. Eligibility Information

To be considered for substantive evaluation, an applicant‘s submission must meet the criteria set forth below. If the application does not meet these eligibility requirements, it will be considered ineligible and removed from further evaluation.

A. Eligible Applicants

i. Restricted Eligibility

In accordance with 2 CFR 910.126, Competition, eligibility for awards is restricted per Area of Interest as follows:

Area of Interest 1 – Siting and Permitting: Eligible applicants must be a state, local, or Tribal governmental entity with the authority to make a final determination regarding the siting, permitting, or regulatory status of a covered transmission project that is proposed to be located in an area under the jurisdiction of the entity. Applicants for funds for siting and permitting activities are not limited to one per state. If there is more than one eligible siting and permitting authority in a state, each eligible siting and permitting authority may be eligible for funds to support siting and permitting activities under IRA Section 50152.

Area of Interest 2 – Economic Development: Eligible applicants must be a state, local, or Tribal governmental entity. Applicants eligible to receive economic development funds under this program include any non-federal siting authority, as defined within IRA Section 50152, any state government entity including but not limited to state energy offices and state transmission authorities, or any local or Tribal government entity. DOE intends to enter into cooperative agreements with successful awardees that propose to operate subaward programs in order to ensure that subaward programs accord with the intent of IRA Section 50152.

For the purposes of this FOA:

The term “State governmental entity” is not statutorily defined for the purposes of section 50152 of the IRA. Accordingly, GDO will use the following definition of the term to be consistent with 2 C.F.R. 200.1:

“State governmental entity” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.

The term “Tribal governmental entity” is not statutorily defined for the purpose of section 50152 of the IRA. Accordingly, GDO will use the following definition of the term as follows:

“Tribal governmental entity” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. Chapter 33), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians (25 U.S.C. §5304), and which performs Tribal governmental functions. See annually published Bureau of Indian Affairs list of Indian Entities Recognized and Eligible to Receive Services available on https://www.federalregister.gov/documents/2023/01/12/2023-00504/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of.

The term “local governmental entity” is not statutorily defined for the purpose of section 50152 of the IRA. Accordingly, GDO will use the following definition of the term as follows:

“local governmental entity” means any unit of government within a state, including a:

(1) County;

(2) Borough;

(3) Municipality;

(4) City;

(5) Town;

(6) Township;

(7) Parish;

(8) Local public authority, including any public housing agency under the United States Housing Act of 1937;

(9) Special district;

(10) School district;

(11) Intrastate district;

(12) Council of governments, whether or not incorporated as a nonprofit corporation under State law; and

(13) Any other agency or instrumentality of a multi-, regional, or intra-State or local government.

https://www.federalregister.gov/documents/2023/01/12/2023-00504/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of https://www.federalregister.gov/documents/2023/01/12/2023-00504/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of https://www.federalregister.gov/documents/2023/01/12/2023-00504/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of

B. Cost Sharing

Cost share requirements are summarized below:

Area of Interest Area of Interest Title Cost Share Requirement

1A-1B-1E

Siting and Permitting 5%

1C-1D Siting and Permitting 50% 2 Economic Development 5%

i. Legal Responsibility Although the cost share requirement applies to the project as a whole, including work performed by members of the project team other than the prime recipient, the prime recipient is legally responsible for paying the entire cost share. If the funding agreement is terminated prior to the end of the project period, the prime recipient is required to contribute at least the cost share percentage of total expenditures incurred through the date of termination.

The prime recipient is solely responsible for managing cost share contributions by the project team and enforcing cost share obligation assumed by project team members in subawards or related agreements.

ii. Cost Share Allocation Each project team is free to determine how best to allocate the cost share requirement among the team members. The amount contributed by individual project team members may vary, as long as the cost share requirement for the project as a whole is met.

iii. Cost Share Types and Allowability Every cost share contribution must be allowable under the applicable federal cost principles, as described in Section IV of the FOA. In addition, cost share must be verifiable upon submission of the Full Application. Cost share may be provided in the form of cash or cash equivalents, or in-kind contributions. Cost share must come from non-federal sources (unless otherwise allowed by law), such as project participants, state or local governments, or other third-party financing. DOE Loan Guarantee cannot be leveraged by applicants to provide the required cost share or otherwise support the same scope that is proposed under a project.

Cost share may be provided by the prime recipient, subrecipients, or third parties (entities that do not have a role in performing the scope of work).

Vendors/contractors may not provide cost share. Any partial donation of goods or services is considered a discount and is not allowable.

Cash contributions include, but are not limited to: personnel costs, fringe costs, supply and equipment costs, indirect costs and other direct costs.

In-kind contributions are those where a value of the contribution can be readily determined, verified and justified but where no actual cash is transacted in securing the good or service comprising the contribution. Allowable in-kind contributions include, but are not limited to: the donation of volunteer time or the donation of space or use of equipment.

Project teams may use funding or property received from state or local governments to meet the cost share requirement, so long as the federal government did not provide the funding to the state or local government.

The recipient may not use the following sources to meet its cost share obligations:

• Revenues or royalties from the prospective operation of an activity beyond the project period;

• Proceeds from the prospective sale of an asset of an activity;

• Federal funding or property (e.g., federal grants, equipment owned by the federal government); or

• Expenditures that were reimbursed under a separate federal program.

Project teams may not use the same cash or in-kind contributions to meet cost share requirements for more than one project or program.

Cost share contributions must be specified in the project budget, verifiable from the prime recipient’s records, and necessary and reasonable for proper and efficient accomplishment of the project. As all sources of cost share are considered part of total project cost, the cost share dollars will be scrutinized under the same federal regulations as federal dollars to the project. Every cost share contribution must be reviewed and approved in advance by the Contracting Officer and incorporated into the project budget before the expenditures are incurred.

Applicants are encouraged to refer to 2 CFR 200.306 and 2 CFR 910.130 for additional cost sharing requirements.

iv. Cost Share Contributions by FFRDCs Because FFRDCs are funded by the federal government, costs incurred by FFRDCs generally may not be used to meet the cost share requirement. FFRDCs may contribute cost share only if the contributions are paid directly from the contractor’s Management Fee or another non-federal source.

v. Cost Share Verification Applicants are required to provide written assurance of their proposed cost share contributions in their Full Applications.

Upon selection for award negotiations, applicants are required to provide additional information and documentation regarding their cost share contributions. Please refer to Appendix A of the FOA.

C. Compliance Criteria

All applicant submissions must:

• comply with the applicable content and form requirements listed in Section IV. of the FOA;

• include all required documents;

• be successfully uploaded and submitted to the Clean Energy

Infrastructure Funding Opportunity Exchange (INFRASTRUCTURE eXCHANGE) at https://infrastructure-eXCHANGE.energy.gov; and

• be submitted by the deadline stated in the FOA.

DOE will not review or consider submissions submitted through means other than INFRASTRUCTURE eXCHANGE, submissions submitted after the applicable deadline, or incomplete submissions.

Applicants are strongly encouraged to submit their Concept Paper and Full Applications at least 48 hours in advance of the submission deadline. Under normal conditions (i.e., at least 48 hours in advance of the submission deadline), applicants should allow at least 1 hour to submit a Concept Paper or Full Application. Once the Concept Paper or Full Application are submitted by means specified in the FOA, applicants may revise or update that submission until the expiration of the applicable deadline. If changes are made to any of these documents, the applicant must resubmit the Concept Paper or Full Application before the applicable deadline. DOE will not extend the submission deadline for applicants that fail to submit required information by the applicable deadline due to server/connection congestion.

D. Responsiveness Criteria

All “Applications Specifically Not of Interest,” as described in Section I of the FOA, are deemed nonresponsive and are not reviewed or considered.

E. Other Eligibility Requirements

Requirements for DOE/NNSA and non-DOE/NNSA FFRDCs Included as a Subrecipient DOE/NNSA and non-DOE/NNSA FFRDCs may be proposed as a subrecipient on another entity’s application subject to the following guidelines:

i. Authorization for non-DOE/NNSA FFRDCs

The federal agency sponsoring the FFRDC must authorize in writing the use of the FFRDC on the proposed project and this…