FundOpp_DE-FOA-0003106_Amd_000002.pdf

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U.S. Department of Energy (DOE) Office of Manufacturing and Energy Supply Chains (MESC)

Inflation Reduction Act (IRA)

Domestic Manufacturing Conversion Grants

Funding Opportunity Announcement (FOA) Number: DE-FOA-0003106 FOA Type: Amendment 000002

Assistance Listing Number: 81.253

FOA Amendment 000001 Issue Date: 09/28/2023 Submission Deadline for Concept Papers: 11/1/2023 @ 5:00 p.m. ET Informational Webinar 10/05/2023 @ 2:00 p.m. ET Timeframe for Concept Paper Encourage/Discourage Notifications:

Dec-2023

Submission Deadline for Full Applications: 1/9/2024 @ 5:00 p.m. ET Expected Date for DOE Selection Notifications: Spring 2024 Expected Timeframe for Award Negotiations: June-October 2024

Applicants must submit a Concept Paper by 5 p.m. ET on the due date listed above to be eligible to submit a Full Application.

See Section VIII.R for more information on webinars.

To apply to this FOA, applicants must register with and submit application materials through the Clean Energy Infrastructure (S3) eXCHANGE at https://infrastructure-exchange.energy.gov, MESC’s online application portal.

Applicants must designate primary and backup points-of-contact in S3 eXCHANGE with whom DOE will communicate to conduct award negotiations. If an application is selected for award negotiations, it is not a commitment to issue an award. It is imperative that the applicant/selectee be responsive during award negotiations and meet negotiation deadlines. Failure to do so may result in cancelation of further award negotiations and rescission of the selection.

Unique Entity Identifier (UEI) and System for Award Management (SAM) - Each applicant (unless the applicant is excepted from those requirements under 2 CFR

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25.110) is required to: (1) register in the SAM at https://www.sam.gov before submitting an application; (2) provide a valid UEI number in the application; and (3) maintain an active SAM registration with current information when the applicant has an active federal award or an application or plan under consideration by a federal awarding agency. DOE may not make a federal award to an applicant until the applicant has complied with all applicable UEI and SAM requirements and, if an applicant has not fully complied with the requirements by the time DOE is ready to make a federal award, DOE will determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

NOTE: Due to the high number of UEI requests and SAM registrations, entity legal business name and address validations are taking longer than expected to process.

Entities should start the UEI and SAM registration process as soon as possible. If entities have technical difficulties with the UEI validation or SAM registration process, they should use the HELP feature on SAM.gov. SAM.gov will address 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.

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Amendments

Amend. No. Date Description of Amendment 000001 09/21/2023 This Amendment is to make a correction to Section IV.C table relative to the Quality Jobs and Just Transition Plan section.

Changes are highlighted in Yellow text.

000002 9/28/2023 This Amendment is to made adjustments to submission deadline for concept paper; add an informational webinar (see section VIII); address deadline for concept paper notifications;

extend application deadline and expected timeframe for negotiations. Changes are highlighted in Yellow text.

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i

Table of Contents

Table of Contents.................................................................................................................................................... i

I. Funding Opportunity Description

A. Background and Context

i. Program Purpose

ii. Technology Space and Strategic Goals

iii. Teaming Partner List

B. Topic Areas C. Applications Specifically Not of Interest D. Job Quality and Just Transition Plan E. Labor and Community Benefits Plan F. Authorizing Statutes

II. Award Information

A. Award Overview

i. Estimated Funding

ii. Period of Performance

iii. New Applications Only

B. DOE Funding Agreements

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

III. Eligibility Information

A. Eligible Applicants

i. Domestic Entities

ii. Foreign Entities

B. Cost Sharing

i. Legal Responsibility

ii. Cost Share Allocation

iii. Cost Share Types and Allowability

iv. Cost Share Contributions by FFRDCs

v. Cost Share Verification

vi. Cost Share Payment

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

i. 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

i. Additional Information on S3 eXCHANGE

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

i. Full Application Content Requirements

ii. Technical Volume

iii. Resumes

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ii

iv. Letters of Commitment

v. Off-Take Agreement Letters of Commitment

vi. Community Partnership Documentation

vii. Statement of Project Objectives (SOPO)

viii. SF-424: Application for Federal Assistance

ix. Budget Justification Workbook

x. Summary for Public Release

xi. Summary Slides

xii. Subrecipient Budget Justification (if applicable)

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

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

xv. Job Quality and Just Transition Plan

xvi. Letters of Support from Labor Unions

xvii. Labor and Community Benefits Plan

xviii. Labor and Community Benefits Plan Budget Justification

xix. Current and Pending Support

xx. Locations of Work

xxi. Environmental Information Volume (EIV)

xxii. Environmental Questionnaire (EQ)

xxiii. Transparency of Foreign Connections

xxiv. Potentially Duplicative Funding Notice

xxv. At Risk Facility Justification

E. Post Selection Information Requests F. Unique Entity Identifier (UEI) and System for Award Management (SAM) G. Submission Dates and Times 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. Lobbying

viii. Risk Assessment

ix. Invoice Review and Approval

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

xi. Affirmative Action and Pay Transparency Requirements

xii. Foreign Collaboration Considerations

V. Application Review Information

A. Technical Review Criteria

i. Concept Papers

ii. Full Applications

iii. Criteria for Replies to Reviewer Comments

B. Standards for Application Evaluation C. Other Selection Factors

i. Program Policy Factors

ii. Strengthening Secure, Domestic, Clean Energy Supply Chains

D. Evaluation and Selection Process

i. Overview

ii. Pre-Selection Interviews

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iii

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

ii. Concept Paper Notifications

iii. Full Application Notifications

iv. Applicants Selected for Award Negotiations

v. Alternate Selection Determinations

vi. Unsuccessful Applicants

B. Administrative and National Policy Requirements

i. Registration Requirements

ii. Award Administrative Requirements

iii. Foreign National Participation

iv. Subaward and Executive Reporting

v. National Policy Requirements

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

vii. Flood Resilience

viii. Applicant Representations and Certifications

ix. Statement of Federal Stewardship

x. Subject Invention Utilization Reporting

xi. Intellectual Property Provisions

xii. Reporting

xiii. Go/No-Go Review

xiv. Conference Spending

xv. Indemnity

xvi. Uniform Commercial Code (UCC) Financing Statements

xvii. Real Property and Equipment

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

xix. Participants and Collaborating Organizations

xx. Current and Pending Support

xxi. U.S. Manufacturing Commitments

xxii. Interim Conflict of Interest Policy for Financial Assistance

xxiii. Fraud, Waste, and Abuse

xxiv. Material Supply Plan

xxv. Technology Protection Plan

xxvi. Threat Briefing

xxvii. Research Technology and Economic Security Officer xxviii. Human Subjects Research

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

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iv

G. Notice of Right to Conduct a Review of Financial Capability H. Requirement for Full and Complete Disclosure I. Retention of Submissions J. Title to Subject Inventions K. Government Rights in Subject Inventions L. Rights in Technical Data M. Copyright N. Export Control O. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment P. Personally Identifiable Information (PII) Q. Annual Independent Audits R. Informational Webinar

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

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I. Funding Opportunity Description

A. Background and Context The Office of Manufacturing and Energy Supply Chains (MESC) is issuing this Funding Opportunity Announcement (FOA). Awards made under this FOA will be funded, in whole or in part, with funds appropriated by the Inflation Reduction Act of 2022

(IRA).

On August 16, 2022, President Joseph R. Biden signed the landmark Inflation Reduction Act of 2022 (IRA) into law. The law includes $369 billion to support the Administration’s energy and climate goals by deploying clean energy, strengthening domestic manufacturing, and investing in workers and communities.

The transportation sector is the largest source of greenhouse gas emissions in the United States, accounting for 28 percent of all emissions in 2021.1 Transportation also is a major source of smog-forming nitrogen oxides and particulate matter, which can trigger asthma attacks and other health problems for the most vulnerable among us.2 President Biden set a goal that at least 50 percent of all new passenger cars and light trucks sold in 2030 be zero-emission vehicles, including battery electric, plug-in hybrid electric, or fuel cell electric vehicles (collectively referred to as electric vehicles or EVs). The IRA tackles these priorities comprehensively, by combining incentives for consumers and businesses to purchase clean vehicles with programs to expand manufacturing and sourcing of vehicle components and critical minerals in the United States. The intention of this grant program is to support workers and businesses who have long been engaged in internal combustion engine (ICE) vehicle manufacturing in transitioning to and taking advantage of new job and economic opportunities in, the electrified vehicle supply chain and retaining high-paying motor vehicle production jobs as the industry transitions to EVs.

The investments in the IRA build on the $7.5 billion provided by the Bipartisan Infrastructure Law to deploy a national network of 500,000 electric vehicle chargers;

more than $7 billion to ensure domestic manufacturers have the critical minerals and other components necessary to make EV batteries; and $10 billion for clean transit and school buses at the Department of Transportation and Environmental Protection Agency. The CHIPS and Science Act invests in expanding America’s manufacturing capacity for the semiconductors used in electric vehicles and chargers. Together, this package of legislation will create good-paying, high-quality

1 https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions 2 https://www.whitehouse.gov/wp-content/uploads/2022/12/Inflation-Reduction-Act-Guidebook.pdf

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jobs along the full supply chain for the automotive sector, from components to assembly.

IRA section 50143 appropriated $2 billion to provide grants for domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, and hydrogen fuel cell electric vehicles, in accordance with section 712 of the Energy Policy Act of

2005.3 That section established the domestic manufacturing conversion grant program to provide grants and loan guarantees to clean vehicle manufacturers and suppliers, including component manufacturers.

Section 712 states that “priority shall be given to the refurbishment and retooling of manufacturing facilities that have recently ceased operation or will cease operation in the near future.”4 DOE will prioritize entities that will convert, expand, or retool facilities while remaining in the same area as an existing production facility or a facility that has recently ceased operations. This could include projects, such as:

Projects involving conversion, of a whole facility or partial facility (such as one production line), to either vehicle manufacturing facilities or component manufacturing facilities supporting the domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, and hydrogen fuel cell electric vehicles are eligible.

Facility conversions involving new facility greenfield construction if the project remains in the same site or the same area as the existing production facility to be converted, e.g. within reasonable commuting distance of the existing facility

Applicants will have the opportunity to provide evidence that the proposed facility producing or supporting internal combustion engine vehicles for retooling and/or refurbishment has recently ceased operation or faces risk that it will cease operation in the near future. Applicants will also have the opportunity to provide details of their commitment to retaining the current workforce and/or rehiring workers recently laid off.

Higher scores will be given to projects that are likely to retain collective bargaining agreements and/or an existing high-quality, high-wage hourly production workforce, such as applicants that currently pay top quartile wages in their industry. 5 Additional compensation benefits, such as health insurance, retirement contributions, and

3 Energy Policy Act of 2005 § 712, 42 U.S.C. § 16062.

4 42 U.S.C. § 16062(a)(3).

5 This wage data is available at OES Home: U.S. Bureau of Labor Statistics (bls.gov); applicants should use data for either Motor Vehicle Manufacturing or Motor Vehicle Parts manufacturing, as is most appropriate for their faciliity . Applicants may use data for May 2022, the latest available at the time of release of this FOA.

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profit sharing should also be noted and can be taken into account in the evaluation of applicant compensation.

Building on Section 712, IRA Section 50143 makes funding for such grants available through September 30, 2031, and provides that, “…the Secretary of Energy shall require a recipient of a grant to provide not less than 50 percent of the cost of the project carried out using the grant”.

It is anticipated that this FOA will strengthen domestic manufacturing of electrified vehicles of the types listed above—including light, medium, and heavy-duty on-road vehicles—as well as of electric vehicle components. It is also anticipated that this FOA will create, retain, and/or expand high-paying jobs in the automotive industry with the free and fair chance to join a union. The overall scope of this FOA concerns commercial facilities, including those for vehicle assembly, component assembly, and manufacturing of related parts, with particular attention to communities with facilities that have a long history of supporting automotive vehicles and components, for instance 42 USC 17013 highlights facilities that have been in existence for at least 20 years. Applicants should consider and identify domestic sources of equipment, feedstock, and materials as well as potential downstream domestic customers of their parts or product.

i. Program Purpose

This FOA supports the administration goals laid out above by accelerating the growth of domestic production capability of electric vehicles and components to meet anticipated increased demand for clean energy technologies as the economy transitions to net-zero emissions. The program will also aim to:

• Retain and/or return good-quality, high-paying jobs in facilities that have long served ICE vehicle manufacturing.

Retain, strengthen, and expand collective bargaining agreements in automotive facilities.

Support a just transition for workers and communities in the transition to electrified transportation, with particular attention to communities supporting facilities with longer histories in automotive manufacturing.

Expand United States electric vehicle and component manufacturing to meet the goal of having at least 50 percent of all new passenger cars and light trucks sold in 2030 be zero-emission vehicles, including battery electric, plug-in hybrid electric, or fuel cell electric vehicles.

• Strengthen domestic supply chains for electrified vehicles as well as related components and materials.

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NOTE: Only applications submitted by facilities that are internal combustion engine related commercial-scale vehicle assembly or component manufacturing facility(s) that intend to support the domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, or hydrogen fuel cell electric vehicles or components will be considered responsive to the FOA, in accordance with Section I.C.

Applicants to this FOA will be required to submit a Job Quality and Just Transition Plan and a Labor and Community Benefits Plan as part of their application. The Job Quality and Just Transition Plan will account for 10 percent of the technical merit review of proposals. The Labor and Community Benefits plan will account for 15 percent of the technical merit review of proposals. This 15 percent is assessed based on three themes that together will ensure project success, efficient and effective use of taxpayer funds, timely project implementation, and the acceleration of private sector uptake in projects: (1) engaging communities and labor; (2) advancing diversity, equity, inclusion, and accessibility pertaining to economic opportunity; and (3) implementing the President’s Justice40 Initiative.

As part of the whole-of-government approach to advance equity and encourage worker organizing and collective bargaining6,7,8 this FOA and any related activities will seek to affirmatively support workers’ ability to organize and collectively bargain as well as to engage and partner with labor unions, underserved communities, and underrepresented groups, including Indian Tribes.9 This FOA will advance the Biden-Harris Administration’s Justice40 Initiative10 and help meet the goal that 40% of the overall benefits of the Administration’s investments in certain federal investments in climate, clean energy, and other areas flow to disadvantaged communities identified by the

6 EO 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” January 20, 2021. EO 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” February 16, 2023.

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

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

9 EO 13175, November 6, 2000, “Consultation and Coordination with Indian Tribal Governments,” charges all executive departments and agencies with engaging in regular, meaningful, and robust consultation with tribal officials in the development of federal policies that have tribal implications. Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships | The White House 10 Established by EO 14008, the Justice40 Initiative has made it a goal that 40 percent of the overall benefits of certain federal investments in climate, clean energy, and other areas flow to disadvantaged communities that are marginalized and overburdened by pollution and underinvestment.

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Climate and Economic Justice Screening Tool,11 and drive creation of accessible, good-paying jobs with the free and fair choice for workers to join a union. 12

ii. Technology Space and Strategic Goals

This FOA seeks applications to convert manufacturing facilities in ways that expand domestic production capability of electrified vehicles, as well as related components and materials, in the United States. Detailed technical descriptions of the specific Topic Areas are provided in the sections that follow.

iii. Teaming Partner List DOE is compiling a Teaming Partner List to facilitate the formation of project teams for this FOA. The Teaming Partner List allows organizations that may wish to participate on a project to express their interest to other applicants and explore potential partnerships.

The Teaming Partner List will be available on S3 eXCHANGE and will be regularly updated to reflect new teaming partners who provide their organization’s information.

SUBMISSION INSTRUCTIONS: View the Teaming Partner List by visiting the S3 eXCHANGE homepage and clicking on “Teaming Partners” within the left-hand navigation pane. This page allows users to view published Teaming Partner Lists.

To join the Teaming Partner List, submit a request within eXCHANGE. Select the appropriate Teaming Partner List from the drop-down menu, and fill in the following information: Investigator Name, Organization Name, Organization Type, Topic Area, Background and Capabilities, Website, Contact Address, Contact Email, and Contact Phone.

DISCLAIMER: By submitting a request to be included on the Teaming Partner List, the requesting organization consents to the publication of the above-referenced information. By facilitating the Teaming Partner List, DOE is not endorsing, sponsoring, or otherwise evaluating the qualifications of the individuals and

11 DOE uses the Climate and Economic Justice Screening Tool to identify geographically defined disadvantaged communities. For more information, see Justice40 Initiative, https://www.whitehouse.gov/environmentaljustice/justice40/; OMB, CEQ, & CPO, M-23-09, Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, on using the Climate and Economic Justice Screening Tool (CEJST) (Jan. 27, 2023), https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23- 09_Signed_CEQ_CPO.pdf.

12 For more information, see E.O. 14008, Tackling the Climate Crisis at Home and Abroad (Jan. 27, 2023), https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad

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organizations that are identifying themselves for placement on this Teaming Partner List. DOE will not pay for the provision of any information, nor will it compensate any applicants or requesting organizations for the development of such information.

B. Topic Areas All work for projects selected under this FOA must be performed in the United States. See Section IV.I.iii. and Appendix C.

All Topic Areas:

Topic Area 1: Commercial-scale Assembly or Component Manufacturing Facilities for Electrified Vehicles (Large ($): Federal Share between $250,000,000 - $500,000,000): The objective of this area of interest is to convert commercial-scale assembly or component manufacturing facilities from internal combustion engine (ICE) to electrified vehicles.

Topic Area 2: Commercial-scale Assembly or Component Manufacturing Facilities for Electrified Vehicles (Medium ($): Federal Share between $100,000,000 - $249,999,999): The objective of this area of interest is to convert commercial-scale assembly or component manufacturing facilities from internal combustion engine (ICE) to electrified vehicles.

Topic Area 3: Commercial-scale Assembly or Component Manufacturing Facilities for Electrified Vehicles (Small ($): Federal Share between $25,000,000

- $99,999,999): The objective of this area of interest is to convert commercial-scale assembly or component manufacturing facilities from internal combustion engine (ICE) to electrified vehicles.

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.D. of the FOA):

Applications that fall outside the technical parameters specified in Sections

I.A. and I.B. of the FOA.

Applications for proposed technologies that are not based on sound scientific principles (e.g., violates the laws of thermodynamics).

Applications that are based on research, development, or pilot-scale activities.

Applications submitted by an entity that is not proposing the conversion of an internal combustion engine (ICE) or ICE-related (e.g., transmission, engine or powertrain controls, fuel system, exhaust system) commercial-scale

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assembly or component manufacturing facility(ies) to support the domestic production of efficient hybrid, plug-in electric hybrid, plug-in electric drive, or hydrogen fuel cell electric vehicles.

D. Job Quality and Just Transition Plan To support the goal of supporting a just transition in the motor vehicle industry and build a clean and equitable energy economy, projects are expected to (1) engage and invest in a skilled workforce in both construction and ongoing production activities; (2) demonstrate the retention or expansion of high-paying production jobs in the motor vehicle manufacturing industry; (3) prioritize opportunities for displaced or at-risk workers in motor vehicles or motor vehicle parts manufacturing. To ensure these goals are met, applicants must develop and submit a Job Quality and Just Transition Plan and how the applicant will respond to the 3 objectives stated above.

E. Labor and Community Benefits Plan To support the goal of building a clean and equitable energy economy, projects are expected to (1) support meaningful community and labor engagement; (2) advance diversity, equity, inclusion, and accessibility (DEIA), including equitable access to good jobs and contracting opportunities; and (3) contribute to the President’s goal that 40% of the overall benefits of certain federal investments flow to disadvantaged communities (the Justice40 Initiative).13 To ensure these goals are met, applications must include a Labor and Community Benefits Plan that describes how the proposed project would incorporate the 3 objectives stated above.

Applicants are encouraged to submit Community and Labor Partnership Documentation from established labor unions and community-based organizations that demonstrate the applicant’s ability to achieve the above goals as outlined in the Job Quality and Just Transition Plan and the Labor and Community Benefits Plan. Within both Plans, the applicant is encouraged to provide details on how it will ensure the delivery of measurable community and

13 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 and Addendum Pursuant to E.O. 14008 and whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf; https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf that uses the Office of Management and Budget’s Interim Justice40 Implementation Guidance M-21-28 and M-23-09 (whitehouse.gov), DOE recognizes disadvantaged CEJST to identify such communities as that are geographically 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.

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jobs benefits, ideally using negotiated agreements (referred to collectively here as “Workforce and Community Agreements”) between the applicant and the community, and/or between the applicant and labor unions. These agreements include good neighbor agreements, community benefits agreements, community workforce agreements, project labor agreements, and other collective bargaining agreements. See Section IV.D.xv and IV.D.xviii for the Plan content requirements.

DOE recognizes there may be overlap between the required workforce analysis and information required as a component of the Topic Areas (see Section I.B) and the Job Quality and Just Transition Plan. Applicants may use some or all of their workforce investment as a component of the Topic Areas to support the objectives of these Plans. Applicants should: (i) clearly explain how the proposed workforce investment is consistent with the characteristics and limitations described in the Topic Areas; and (ii) identify any overlap between the Topic Areas and the Job Quality and Just Transition and/or Labor and Community Benefits Plans.

F. Authorizing Statutes The programmatic authorizing statute is Section 50143 of the Inflation Reduction Act of 2022 (Pub. L. 117-169) which modifies section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062).

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

II. Award Information

A. Award Overview

i. Estimated Funding DOE expects to make a total of approximately $2,000,000,000 of federal funding available for new awards under this FOA, subject to the availability of appropriated funds. DOE anticipates making approximately 9-15 awards under this FOA. DOE may issue one, multiple, or no awards. Individual awards may vary between $25,000,000 and $500,000,000.

DOE may issue awards in one, multiple, or none of the following topic areas:

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Topic Area

Number Topic Area 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)

Commercial-scale Assembly or Component Manufacturing Facilities for Electrified Vehicles (Large ($))

2–4 $250,000,000 $500,000,000 $2,000,000,000 24–60 months

Commercial-scale Assembly or Component Manufacturing Facilities for Electrified Vehicles (Medium ($))

3–5 $100,000,000 $249,999,999 $2,000,000,000 24–60 months

Commercial-scale Assembly or Component Manufacturing Facilities for Electrified Vehicles (Small ($))

4–6 $25,000,000 $99,999,999 $2,000,000,000 24–60 months

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 DOE anticipates making awards that will run from 24 up to 60 months, comprised of one or more budget periods. Project continuation will be contingent upon several elements, including satisfactory performance and DOE’s Go/No-Go decision. For a complete list and more information on the Go/No-Go review, see Section VI.B.xiii.

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.

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B. DOE Funding Agreements DOE has the authority to provide financial support to prime recipients through grants. DOE anticipates funding projects selected under this FOA through grants.

i. Funding Agreements with Federally Funded Research and Development Center (FFRDCs)14 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.i.

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. Domestic Entities The proposed prime recipient and subrecipient(s) must be domestic entities. The following types of domestic entities are eligible to participate as a prime recipient or subrecipient of this FOA:

1. Institutions of higher education;

2. For-profit entities;

3. Nonprofit entities; and

4. State and local governmental entities and Indian tribes.

To qualify as a domestic entity, the entity must be organized, chartered, or incorporated (or otherwise formed) under the laws of a particular state or territory of the United States; have majority domestic ownership and control;

and have a physical place of business in the United States.

DOE/NNSA FFRDCs are eligible to participate as a subrecipient but are not eligible to apply as a prime recipient. NETL is not eligible for awards under this

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

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announcement and may not be proposed as a subrecipient on another entity’s application. An application that includes NETL as a prime recipient or subrecipient will be considered non-responsive.

Non-DOE/NNSA FFRDCs are eligible to participate as a subrecipient but are not eligible to apply as a prime recipient.

Federal agencies and instrumentalities (other than DOE) are eligible to participate as a subrecipient but are not eligible to apply as a prime recipient.

Entities banned from doing business with the U.S. government, such as entities debarred, suspended, or otherwise excluded from or ineligible for participating in federal programs, are not eligible.

Nonprofit organizations described in Section 501(c)(4) of the Internal Revenue Code of 1986 that engaged in lobbying activities after December 31, 1995, are not eligible.

ii. Foreign Entities In limited circumstances, DOE may approve a waiver to allow a foreign entity to participate as a prime recipient or subrecipient. A foreign entity may submit a Full Application to this FOA, but the Full Application must be accompanied by an explicit written waiver request. Likewise, if the applicant seeks to include a foreign entity as a subrecipient, the applicant must submit a separate explicit written waiver request in the Full Application for each proposed foreign subrecipient.

Appendix C lists the information that must be included in a foreign entity waiver request. The applicant does not have the right to appeal DOE’s decision concerning a waiver request.

B. Cost Sharing Applicants are bound by the cost share proposed in their Full Applications if selected for award negotiations.

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For all demonstration or commercial application projects15 the cost share must be at least 50% of the total project costs16. The cost share must come from non-federal sources unless otherwise allowed by law.

To help applicants calculate proper cost share amounts, DOE has included a cost share information sheet and sample cost share calculation as Appendices A and B to this FOA.

i. Legal Responsibility Although the cost share requirement applies to the entire project, 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 entire project is met.

iii. Cost Share Types and Allowability An applicant selected under this FOA cannot use, designate, or provide leverage federal financing, such as DOE Loan Guarantees, to provide the required cost share or to otherwise support the same scope that is proposed in response to this FOA. Additionally, the achievement of MESC project objectives must not rely upon a current or future DOE Loan Guarantee for another project.

An applicant selected under this FOA cannot subordinate DOE’s interest in property or equipment for any purpose.

15 Energy Policy Act of 2005, Public Law 109-58, sec. 988. Also see 2 CFR 200.306 and 2 CFR 910.130 for additional cost sharing requirements.

16 Total project costs are the sum of the government share, including FFRDC costs if applicable, and the recipient share of project costs.

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Also, in general, deferred or avoided costs such as tax credits cannot be counted towards the cost share requirements.

An applicant selected under this FOA cannot propose the value of previously acquired equipment, buildings, or land as cost share.

Every cost share contribution must be allowable under the applicable federal cost principles, as described in Section IV.I.i 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.

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 any of the following sources to meet 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.

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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.

vi. Cost Share Payment DOE requires prime recipients to contribute the cost share amount incrementally over the life of the award. Specifically, the prime recipient’s cost share for each billing period must always reflect the overall cost share ratio negotiated by the parties (i.e., the total amount of cost sharing on each invoice when considered cumulatively with previous invoices must reflect, at a minimum, the cost sharing percentage negotiated).

In limited circumstances, and where it is in the government’s interest, the DOE Contracting Officer may approve a request by the prime recipient to meet its cost share requirements on a less frequent basis, such as monthly or quarterly.

Regardless of the interval requested, the prime recipient must be up to date on

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cost share at each interval. Such requests must be sent to the Contracting Officer during award negotiations and include the following information: (1) a detailed justification for the request; (2) a proposed schedule of payments, including amounts and dates; (3) a written commitment to meet that schedule; and (4) such evidence as necessary to demonstrate that the prime recipient has complied with its cost share obligations to date. The Contracting Officer must approve all such requests before they go into effect.

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 uploaded and submitted to S3 eXCHANGE 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 S3 eXCHANGE, submissions submitted after the applicable deadline, or incomplete submissions.

Under normal conditions (i.e., at least 48 hours before the submission deadline), applicants should allow at least one hour to submit a Concept Paper or Full Application. Once the Concept Paper or Full Application is submitted in S3 eXCHANGE, 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.

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D. Responsiveness Criteria All Applications Specifically Not of Interest, as described in Section I.C. of the FOA, are deemed nonresponsive and are not reviewed or considered.

E. Other Eligibility Requirements

i. 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:

a. 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 authorization must be submitted with the application. The use of a FFRDC must be consistent with its authority under its award.

b. Authorization for DOE/NNSA FFRDCs

The cognizant Contracting Officer for the FFRDC must authorize in writing the use of the FFRDC on the proposed project and this authorization must be submitted with the application. The following wording is acceptable for this authorization:

Authorization is granted for the Laboratory to participate in the proposed project. The work proposed for the Laboratory is consistent with or complementary to the missions of the Laboratory and will not adversely impact execution of the DOE assigned programs at the Laboratory.

c. Funding, Cost Share, and Subaward with FFRDCs

The value of and funding for the FFRDC portion of the work will not normally be included in the award. DOE/NNSA FFRDCs participating as a subrecipient on a project will be funded directly through the DOE field work proposal (WP) process. Non-DOE/NNSA FFRDCs participating as a subrecipient will be funded through an interagency agreement with the sponsoring agency.

Although the FFRDC portion of the work is excluded from the award, the applicant’s cost share requirement will be based on the total cost of the project, including the applicant’s, the subrecipient’s, and the FFRDC’s portions of the project.

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Unless instructed otherwise by the DOE Contracting Officer for the DOE award, all FFRDCs are required to enter into a Cooperative Research and Development Agreement[1] (CRADA) or, if the role of the DOE/NNSA FFRDC is limited to technical assistance and intellectual property is not anticipated to be generated from the DOE/NNSA FFRDC’s work, a Technical Assistance Agreement (TAA), with at least the prime recipient before any project work begins. Any questions regarding the use of a CRADA or TAA should be directed to the cognizant DOE field intellectual property (IP) counsel.

The CRADA or TAA is used to ensure accountability for project work and provide the appropriate management of IP, e.g., data protection and background IP. The CRADA or TAA must be agreed upon by all parties and submitted to DOE or other sponsoring agency, when applicable, for approval, or submitted to DOE for notice under the Master Scope of Work process, when applicable, using any DOE or other sponsoring agency approved CRADA or TAA template without substantive changes by the time the award is made to the prime recipient.

The applicant should prepare the budgets using rates appropriate for funding the FFRDCs through subawards. The applicant’s cost share requirement will be based on the total cost of the project, including the applicant’s, the subrecipient’s, and the FFRDC’s portions of the project.

d. Responsibility The prime recipient will be the responsible authority regarding the settlement and satisfaction of all contractual and administrative issues, including but not limited to disputes and claims arising out of any agreement between the prime recipient and the FFRDC.

e. Limit on FFRDC effort.

The scope of work to be performed by the FFRDC may not be more significant than the scope of work to be performed by the applicant.

F. Limitation on Number of Concept Papers and Full Applications Eligible for Review An entity may submit more than one Concept Paper and Full Application to this FOA, provided that each application describes a unique,…