FundOpp_DE-FOA-0003525.pdf

2025 Renew America’s Schools Prize Cooperative Agreement Requirements

Financial Assistance Notice of Funding Opportunity

This is the Cooperative Agreement Requirements document of the Prize to Cooperative Agreement. The document is intended as a companion document to the Official Prize Rules. The Official Prize Rules describes the specific DOE programmatic goals and evaluation criteria, eligibility, and other components that are specific to each funding opportunity.

Cooperative Agreement Requirements includes fixed DOE requirements that generally do not change from funding opportunity to funding opportunity. This document includes standard information and describes expectations for award negotiations and post-award requirements for selected applications.

Applicants should review both the Official Prize Rules and the Cooperative Agreement requirements prior to applying for the Prize.

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Table of Contents

I. GET REGISTERED

SAM.gov Registration Unique Entity Identifier (UEI) Grants.gov Registration

II. ELIGIBILITY

A. Cost Sharing

1. Legal Responsibility

2. Cost Share Types and Allowability

3. Unallowable Cost Share Sources

4. Cost Share Contributions by FFRDCs

5. Cost Share Verification

6. Cost Share Calculation Examples

B. Other Eligibility Information

1. Questions Regarding Eligibility

2. Entity of Concern Prohibition

3. Artificial Intelligence (AI) Application Use

III. PROGRAM DESCRIPTION

A. Informational Webinar B. Statement of Substantial Involvement

IV. APPLICATION CONTENT AND FORM

A. Funding Restrictions

1. Allowable Costs

2. Pre-Award Costs

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

4. Foreign Travel

5. Lobbying

6. Equipment and Supplies

7. Davis-Bacon Act Requirements

8. Construction Signage

V. SUBMISSION REQUIREMENTS AND DEADLINES

VI. APPLICATION REVIEW INFORMATION

VII. SELECTION AND AWARD NOTICES

A. Selection Notices

1. Application Notifications

2. Applicants Selected for Award Negotiations

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3. Alternate Selections

4. Applicants Not Selected for Award Negotiations

B. Post-Selection Information Requests

1. Entity Risk Assessment

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

3. Flood Resilience

4. Trafficking in Persons

5. Construction Workforce Continuity Plan

6. Operations Workforce Continuity Plan

C. Award Notices

VIII. AWARD ADMINISTRATION INFORMATION

A. Post-Award Requirements and Administration

1. Award Administrative Requirements

2. Subaward and Executive Reporting

3. National Policy Requirements

4. Applicant Representations and Certifications

5. Statement of Federal Stewardship

6. Uniform Commercial Code (UCC) Financing Statements

7. Interim Conflict of Interest Policy for Financial Assistance

8. Whistleblower Protections

9. Fraud, Waste, and Abuse

10. Participants and Collaborating Organizations

11. Current and Pending Support

12. Prohibition Related to Malign Foreign Talent Recruitment Programs

13. Foreign Collaboration Considerations

14. U.S. Manufacturing Commitments

15. Subject Invention Utilization Reporting

16. Intellectual Property Provisions

17. Go/No-Go Review

18. Conference Spending

19. Invoice Review and Approval

20. Cost Share Payment

21. Notice of Bipartisan Infrastructure Law OR Inflation Reduction Act Specific Requirements

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

23. Affirmative Action and Pay Transparency Requirements

24. Construction Signage (if applicable)

25. Human Subjects Research

26. Real Property and Equipment

27. Cybersecurity Plan

28. Rights in Technical Data

B. Reporting

IX. OTHER INFORMATION

A. Government Right to Reject or Negotiate B. Commitment of Public Funds

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C. Treatment of Application Information E. Notice Regarding Eligible/Ineligible Activities F. Notice of Right to Conduct a Review of Financial Capability G. Requirement for Full and Complete Disclosure H. Retention of Submissions I. Title to Subject Inventions J. Government Rights in Subject Inventions 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 P. Buy America Requirements for Infrastructure Projects; Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States Q. Acronyms

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Section I: Get Registered

I. Get Registered

There are several required one-time actions applicants must take before applying to this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY. Some of these actions may take several weeks, so it is vital applicants build in enough time to complete them. Failure to complete these actions could interfere with application or negotiation deadlines or the ability to receive an award if selected. If you are already registered, project make sure your registration is active and up to date. All registrations are free.

SAM.gov Registration You must have an active account with SAM.gov, the System for Award Management (SAM). This includes having a Unique Entity Identifier (UEI).

• What is it? SAM is a federal procurement database. All entities that want to do business with the federal government MUST be registered in SAM.

• Existing SAM registrations must be updated annually.

• Duration to complete: can take several weeks.

• Registration Link: https://sam.gov/content/home o NOTE: Subrecipients are not required to obtain an active SAM registration but must obtain a Unique Entity Identifier.

• HELP: https://sam.gov/content/help Applicants must allow several weeks for the SAM process to complete. All registrations rely on completion of the SAM registration. (START Early)

Unique Entity Identifier (UEI)

• What is it? UEI is a non-proprietary identifier that has replaced the Federal Government use of

Data Universal Numbering System (DUNS) number effective April 4, 2022.

• Applicants must obtain an UEI from the SAM to uniquely identify the entity. The UEI is available in the SAM entity registration record.

o Note: Subawardees/subrecipients at all tiers must also obtain an UEI from the SAM and provide the UEI to the recipient before the subaward can be issued.

• Duration to complete: can take several weeks.

• Registration Link: https://sam.gov/content/entity-registration

• HELP: https://www.fsd.gov/gsafsd_sp

Grants.gov Registration You must have an active Grants.gov registration to receive automatic updates when modifications to this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY are posted. Doing so requires a Login.gov registration as well.

• What is it? Website used to enable federal grant-making agencies to notify potential applicants of funding opportunities. Please note that letters of intent, concept papers, and applications will not be accepted through Grants.gov (see eXCHANGE information below).

• Step-by step instructions for applicants at How to Apply for Grants website https://www.grants.gov/applicants/grant-applications/how-to-apply-for -grants

• Duration to complete: can take several days.

• Registration Link: https://grants.gov https://sam.gov/content/home https://sam.gov/content/home https://sam.gov/content/help https://sam.gov/content/entity-registration https://www.fsd.gov/gsafsd_sp https://www.grants.gov/forms/forms-repository/sf-424-family https://usdoe.sharepoint.com/sites/S3S4SchoolsCollaboration492/Shared%20Documents/Team%20Files/FOAs/DE-FOA-0003525%20-%20BIL%20Schools%20FOA%20FY26/003%20-%20NOFO/1%20Draft%20NOFO%20Docs/Reference%20Documents/How%20to%20Apply%20for%20Grants https://www.grants.gov/applicants/grant-applications/how-to-apply-for%20-grants https://grants.gov/

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Section I: Get Registered

• HELP: https://apply07.grants.gov/help/html/help/index.htm#t=GetStarted%2FGetStarted.htm

DISCLAIMER:

Applicants are discouraged from submitting information considered proprietary unless it is deemed essential for proper evaluation of the application. If the application contains information that the applicant organization considers to be trade secrets, information that is commercial or financial, or information that is privileged or confidential, the pages containing that information should be identified as specified in the application instructions. When such information is included in the application, it is furnished to the federal government in confidence, with the understanding that the information will be used or disclosed only for evaluation of the application.

The information contained in the application will be protected by DOE from unauthorized disclosure, consistent with the need for merit review of applications of financial assistance awards to assure the integrity of the competitive process and the accuracy and completeness of the information. If a federal financial assistance award is made as a result of or in connection with an application, the federal government has the right to use or disclose the information to the extent authorized by law. This restriction does not limit the federal government’s right to use the information if it is obtained without restriction from another source. Information included in the applicant's Community Benefits Plan, or the entire Community Benefits Plan, may be shared with the public at selection at the discretion of DOE, and Applicants should specifically mark any information in the Community Benefits considered trade secrets, commercial, financial or privileged or confidential as per application instructions.

https://apply07.grants.gov/help/html/help/index.htm#t=GetStarted%2FGetStarted.htm

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Section II. Eligibility

II. Eligibility

Please refer to the Official Prize Rules, for the eligibility criteria specific to your application. This section includes additional information to help applicants understand the standard eligibility requirements across all DOE COOPERATIVE AGREEMENT FUNDING OPPORTUNITYs.

A. Cost Sharing This section contains additional information to help applicants understand federal cost sharing requirements. Please refer to the Official Prize Rules, for the cost sharing criteria specific to your application.

1. Legal Responsibility Although the cost share requirement applies to the entire project, including work performed by members of the project team other than the recipient, the recipient is legally responsible for paying the entire cost share. The recipient’s cost share obligation is expressed in the Assistance Agreement as a static amount in U.S. dollars (cost share amount) and as a percentage of the Total Project Cost (cost share percentage). If the funding agreement is terminated prior to the end of the project period, the recipient is required to contribute at least the cost share percentage of total expenditures incurred through the date of termination.

The 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, and 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.

2. Cost Share Types and Allowability Cost share must meet requirements set forth in 2 C.F.R. §§ 200.306 and 910.130, and cost principles set forth in 2 C.F.R. §§ 200.400-476 and 2 C.F.R. §§ 910.352. 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 Guarantees 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 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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IX/part-910/subpart-B/section-910.130 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFR1f52baf5ea70fff/section-200.400 https://www.ecfr.gov/current/title-2/subtitle-B/chapter-IX/part-910/subpart-D/section-910.352

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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.

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

Cost share contributions must be specified in the project budget, verifiable from the 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, DOE will review the cost share dollars according to the same federal regulations as federal dollars to the project. Every cost share contribution must be reviewed and approved in advance by the Grants Officer and incorporated into the project budget before the expenditures are incurred.

3. Unallowable Cost Share Sources The recipient and subrecipient(s) may not use the following sources to meet cost share obligations:

• Cost share derived from federal sources (unless otherwise authorized by law).

• Cost share that does not meet:

o Requirements set forth in 2 C.F.R. §§ 200.306 and 910.130;

o Cost principles set forth in 2 C.F.R. §§ 200.400-476 and 2 C.F.R. §§ 910.352;

o For State Energy Programs, refer to 10 C.F.R. §§ 420.

• Cost share derived from the DOE loan program.

• 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);

• Expenditures that were reimbursed under a separate federal program.

• Cash or in-kind contributions used to meet cost share requirements for another federal project or program;

• Existing data as an in-kind contribution (e.g., data owned by an entity, that is not routinely sold commercially but is instead donated to the project and assigned a value);

• In general, deferred or avoided costs such as unrealized tax credits; or

• If applicable, other items as identified by DOE Programs and as specified in the applicable

Official Prize Rules.

Cost share contributions must be specified in the project budget, verifiable from the 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 Grants Officer and incorporated into the project budget before the expenditures are incurred.

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4. 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.

5. Cost Share Verification Applicants are required to provide written assurance of their proposed cost share contributions in their applications. If selected for award negotiations, applicants are required to provide additional information and documentation regarding their cost share contributions. Please refer to the Official Prize Rules, for specific requirements.

6. Cost Share Calculation Examples Cost sharing is calculated as a percentage of the Total Project Cost. FFRDC costs must be included in Total Project Costs.

Example 1, Blended Cost Share Calculation The following example shows the math for calculating required cost share for a project with $7.5 million in federal funds and two Budget Periods requiring different non-federal cost share percentages:

Task Proposed Federal Share

Federal Share % Recipient Share % (minimum)

Budget Period 1 (“Strategic Plan + Energy Audits”)

$500,000 95% 5%

Budget Period 2 (“Implementation”)

$7,000,000 75% 25%

Federal share ($) divided by federal share (%) = Budget Period Cost

Each budget period must be calculated individually as follows:

Budget Period 1 $500,000 divided by 95% = $526,315.8 (Budget 1 Cost) Budget Period 1 Cost minus federal share = non-federal share $526,315.8 - $500,000 = $26,315.8 (non-federal share)

Budget Period 2 $7,000,000 divided by 75% = $9,333,333.33 (Budget 2 Cost) Budget Period 2 Cost minus federal share = non-federal share $9,333,333.33 - $7,000,000 = $2,333,333.33 (non-federal share)

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The calculation may then be completed as follows:

Budget Periods

$ Federal Share

% Federal Share

$ Non-Federal Share

% Non-Federal Share

Total Project Cost

Budget Period 1

$500,000 95% $26,315.8 5% $526,315.8

Budget Period 2

$7,000,000 75% $2,333,333.33 25% $9,333,333.33

Totals $7,500,000 $2,359,649.13 $9,859,649.13

Blended Cost Share % Non-federal share ($2,359,649.13) divided by Total Project Cost ($9,859,649.13) = 23.9% (non-federal) Federal share ($7,500,000) divided by Total Project Cost ($9,859,649.13) = 76.1% (federal)

B. Other Eligibility Information Refer to Official Prize Rules, for COOPERATIVE AGREEMENT FUNDING OPPORTUNITY-specific eligibility information. The information below is standard for DOE COOPERATIVE AGREEMENT FUNDING OPPORTUNITYs.

1. Questions Regarding Eligibility DOE will not make eligibility determinations for potential applicants prior to the date on which applications to the Official Prize Rules must be submitted. The decision to apply in response to the Official Prize Rules lies solely with the applicant.

2. Entity of Concern Prohibition

Prohibition DOE is prohibited by law from funding any grant, contract, cooperative agreement, or loan of $10 million or more in DOE funds to Entities of Concern. In addition, such entities (including an individual that owns or controls, is owned or controlled by, or is under common ownership or control with an Entity of Concern) are prohibited from receiving any funds or performing work under any award involving Department activities authorized under Division A or B of Public Law 117-167, subject to certain penalties. See section 10114 of Public Law 117-167 (42 USC 18912) and section 310 of Public Law 118-42 and other applicable law for additional information.

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

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

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

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

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

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

(E) identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat—

(i) to the national security of the United States; or

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

3. Artificial Intelligence (AI) Application Use

Any use of artificial intelligence in the creation of any part of an application for this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY must be appropriately attributed. Even with the use of artificial intelligence, each applicant is responsible for and is representing to the U.S. Government that the information in its application documents is accurate, that the applicant is fully capable of performing the work described in the application, and that the submission of the application does not and will not infringe or violate any rights of any third party or entity.

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Section III. Program Description

III. Program Description

Refer to Official Prize Rules, for all information related to the specific COOPERATIVE AGREEMENT FUNDING OPPORTUNITY goals, objectives, and topic areas, if any.

A. Informational Webinar Refer to the Official Prize Rules, Basic Introduction and Program Summary—Important Dates to determine if DOE plans to conduct an informational webinar while the COOPERATIVE AGREEMENT FUNDING OPPORTUNITY is open.

If applicable, DOE will conduct an informational webinar during the COOPERATIVE AGREEMENT FUNDING OPPORTUNITY process. It will be held after the initial COOPERATIVE AGREEMENT FUNDING OPPORTUNITY release but before the due date for concept papers or the application if concept papers are not required.

Attendance is not mandatory and will not positively or negatively impact the overall review of any applicant submissions. The webinar will be open to all potential applicants who wish to participate.

Applicants should refrain from asking questions or communicating information that would reveal confidential and/or proprietary information specific to their project.

B. Statement of Substantial Involvement DOE anticipates awarding cooperative agreements under this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY, which include a statement of DOE’s “substantial involvement” in the work performed under the resulting awards. For cooperative agreements, DOE does not limit its involvement to the administrative requirements of the award. Instead, DOE has substantial involvement in the direction and redirection of the technical aspects of the project. DOE’s substantial involvement in resulting awards may include the following:

A. DOE shares responsibility with the recipient for the management, control, direction, and performance of the project.

B. DOE may intervene in the conduct or performance of work under this award for programmatic reasons. Intervention includes the interruption or modification of the conduct or performance of project activities.

C. DOE may redirect or discontinue funding the project based on the outcome of DOE’s evaluation of the project at the Go/No-Go decision point(s).

D. DOE participates in major project decision-making processes.

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Section IV. Application Content and Form

IV. Application Content and Form

This section contains supplemental information to help applicants understand the application content and form requirements outlined in the COOPERATIVE AGREEMENT FUNDING OPPORTUNITY including detailed information on the content and naming conventions of the application content. Please refer to the Official Prize Rules, for the application contents and form specific to your application.

0F1F2F3F4F5F6F A. Funding Restrictions Program-specific funding restrictions applicable to awards funded under this Cooperative Agreement Funding Opportunity are identified below. Standard funding restrictions are described below.

Applicable Funding Restrictions

Title Location Additional Information

Allowable Costs IV.A Applicable to awards made under this Cooperative Agreement Funding Opportunity

Pre-Award Costs IV.A Applicable to awards made under this Cooperative Agreement Funding Opportunity

Performance of Work in the United States (Foreign Work Waiver Requirement)

IV.A Applicable to awards made under this Cooperative Agreement Funding Opportunity

Foreign Travel IV.A Foreign Travel is not allowed for awards made under this Cooperative Agreement Funding Opportunity

Lobbying IV.A Applicable to awards made under this Cooperative Agreement Funding Opportunity

Equipment and Supplies IV.A Purchasing American-made equipment and supplies is applicable to this award.

Davis-Bacon Act Requirements IV.A Applicable to awards made under this Cooperative Agreement Funding Opportunity

Construction Signage IV.A Applicable to awards with construction activities made under this Cooperative Agreement Funding Opportunity

Build America Buy America Requirements for Infrastructure Projects

IV.A Applicable to awards made under this Cooperative Agreement Funding Opportunity

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1. Allowable Costs All expenditures must be allowable, allocable, and reasonable in accordance with the applicable federal cost principles. Pursuant to 2 CFR 910.352, the cost principles in the Federal Acquisition Regulations (48 CFR 31.2) apply to for-profit entities. The cost principles contained in 2 CFR Part 200, Subpart E apply to all entities other than for-profits.

2. Pre-Award Costs Applicants selected for award negotiations (selectees) must request prior written approval to charge pre-award costs. Pre-award costs are those incurred prior to the effective date of the federal award directly pursuant to the negotiation and in anticipation of the federal award where such costs are necessary for efficient and timely performance of the scope of work.

Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the federal award and only with the written approval of the federal awarding agency, through the DOE Grants Officer.

Pre-award costs cannot be incurred prior to the Selection Official signing the Selection Statement and Analysis.

Pre-award expenditures are made at the selectee’s risk. DOE is not obligated to reimburse costs: (1) in the absence of appropriations; (2) if an award is not made; or (3) if an award is made for a lesser amount than the selectee anticipated.

National Environmental Policy Act (NEPA) Requirements Related to Pre-Award Costs DOE’s decision whether and how to distribute federal funds under this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY is subject to NEPA. Applicants should carefully consider and should seek legal counsel or other expert advice before taking any action related to the proposed project that would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE completing the NEPA review process.

DOE does not guarantee or assume any obligation to reimburse pre-award costs incurred prior to receiving written authorization from the Grants Officer. If the applicant elects to undertake activities that DOE determines may have an adverse effect on the environment or limit the choice of reasonable alternatives prior to receiving such written authorization from the Grants Officer, the applicant is doing so at risk of not receiving federal funding for its project and such costs may not be recognized as allowable cost share. Nothing contained in the pre-award cost reimbursement regulations or any pre-award costs approval letter from the Grants Officer overrides the requirement to obtain the written authorization from the Grants Officer prior to taking any action that may have an adverse effect on the environment or limit the choice of reasonable alternatives. Likewise, if an application is selected for negotiation of award, and the recipient elects to undertake activities that are not authorized for federal funding by the Grants Officer in advance of DOE completing a NEPA review, the recipient is doing so at risk of not receiving federal funding and such costs may not be recognized as allowable cost share.

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

All work performed under awards issued under this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY must be performed in the United States. The recipient must flow down this requirement to its

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Failure to Comply If the recipient fails to comply with the Performance of Work in the United States requirement, DOE may deny reimbursement for the work conducted outside the United States and such costs may not be recognized as allowable recipient cost share. The recipient is responsible should any work under this award be performed outside the United States, absent a waiver, regardless of whether the work is performed by the recipient, subrecipients, contractors or other project partners.

Foreign Work Waiver To seek a foreign work waiver, the applicant must submit a written waiver request to DOE. Refer to Performance of Work in the United States (Foreign Work Waiver) which lists the information that must be included in a request for a foreign work waiver.

4. Foreign Travel Please refer to table above, to see if foreign travel costs are allowable or not.

If allowable per Official Prize Rules and if international travel is proposed for your project:

• Your organization must submit a foreign work waiver. See Performance of Work in the United States (Foreign Work Waiver) above for details.

• Your organization must comply with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118), commonly referred to as the “Fly America Act,” and implementing regulations at 41 CFR 301-10.131 through 301-10.143. The law and regulations require air transport of people or property to, from, between, or within a country other than the United States, the cost of which is supported under this award, to be performed by or under a cost-sharing arrangement with a United States flag carrier, if service is available.

• Foreign travel costs are allowable only with the written approval of the Grants Officer assigned to the award prior to any incurred costs.

5. Lobbying

Recipients and subrecipients may not use any federal funds to influence or attempt to influence, directly or indirectly, congressional action on any legislative or appropriation matters.

Recipients and subrecipients are required to complete and submit SF-LLL, “Disclosure of Lobbying Activities” (grants.gov/forms/forms-repository/sf-424-individual-family) to ensure that non-federal funds have not been paid and will not be paid to any person for influencing or attempting to influence any of the following in connection with the application:

• An officer or employee of any federal agency;

• A Member of Congress;

• An officer or employee of Congress; or

• An employee of a Member of Congress.

6. Equipment and Supplies

All equipment and products purchased with funds made available under this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY should be American-made, to the greatest extent practicable. This requirement does not apply to used or leased equipment. This requirement does not supersede any other statutory https://www.grants.gov/forms/forms-repository/sf-424-individual-family

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7. Davis-Bacon Act Requirements Refer to table above, to determine if the Davis-Bacon Act requirements are applicable (if “Davis-Bacon Act Requirements” is not listed in the Applicable Funding Restrictions table, it is not required).

For projects awarded under COOPERATIVE AGREEMENT FUNDING OPPORTUNITYs that will be funded under Division D of BIL, per Section 41101 of that law, all laborers and mechanics employed by the recipient, subrecipients, contractors, or subcontractors in the performance of construction, alteration, or repair work funded in whole or in part under the applicable Official Prize Rules shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code commonly referred to as the Davis-Bacon Act (DBA).

Applicants shall provide written assurance acknowledging the DBA requirements above, confirming that the laborers and mechanics performing construction, alteration, or repair work on projects funded in whole or in part by awards made as a result of this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY are paid or will be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).

Applicants acknowledge that they will comply with all the Davis-Bacon Act requirements, including but not limited to:

• Ensuring that the wage determination(s) and appropriate Davis-Bacon clauses and requirements are flowed down to and incorporated into any applicable subrecipient or contract awards;

• Ensuring that if wage determination(s) and appropriate Davis-Bacon clauses and requirements are improperly omitted from subrecipient or contract awards, the applicable wage determination(s) and clauses are retroactively incorporated to the start of performance;

• Being responsible for compliance by any subrecipient or contractor with the Davis-Bacon labor standards;

• Receiving and reviewing certified weekly payrolls submitted by all subrecipients or contractors for accuracy and to identify potential compliance issues;

• Maintaining original certified weekly payrolls for three years after the completion of the project and making those payrolls available to DOE or the U.S. Department of Labor (DOL) upon request, as required by 29 CFR 5.6(a)(2);

• Conducting payroll and job-site reviews for construction work, including interviews with employees, with such frequency as may be necessary to assure compliance by its subrecipients or contractors and as requested or directed by DOE;

• Cooperating with any authorized representative of DOL in its inspection of records, interviews with employees, and other actions undertaken as part of a DOL investigation;

• Posting in a prominent and accessible place the wage determination(s) and DOL Publication: WH- 1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects;

• Notifying the Grants Officer of all labor standards issues, including all complaints regarding incorrect payment of prevailing wages and/or fringe benefits, received from recipient, subrecipient, contractor, or subcontractor employees; significant labor standards violations, as defined in 29 CFR 5.7; disputes concerning labor standards pursuant to 29 CFR Parts 4, 6, and 8

Version 1.0 Page 17 of 51 and as defined in FAR 52.222-14; disputed labor standards determinations; DOL investigations; or legal or judicial proceedings related to the labor standards under this award, subrecipient award, contract or subcontract; and

• Preparing and submitting to the Grants Officer, the Office of Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual Labor Compliance Report, by April 21 and October 21 of each year.

Recipients will also be required to undergo Davis-Bacon Act compliance training and maintain competency in Davis-Bacon Act compliance. The Grants Officer will notify the recipient of any DOE-sponsored Davis-Bacon Act compliance trainings. DOL offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events.

For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see https://www.dol.gov/agencies/whd/government-contracts/construction and https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-construction.

Recipients must ensure the timely submission of weekly certified payrolls as part of its compliance with the Davis-Bacon Act.

DOE has contracted with LCPtracker, a third-party DBA electronic payroll compliance software application, and recipients use of LCPtracker is mandatory absent a grant of a waiver. A waiver for the use of LCPtracker may be granted to a particular recipient if they are unable or limited in their ability to use or access the system. LCPtracker allows for certified payroll reports and workforce data to be uploaded electronically, 24 hours a day, 7 days per week and currently partners with several commercially available payroll systems. If a recipient uses a different payroll system, LCPtracker provides a free, spreadsheet template they can use to map out their payroll file, which would allow them to upload their employee and payroll data into the system. LCPtracker validation system checks payrolls for federal Davis-Bacon prevailing wage requirements by flagging mathematical errors or omission discrepancies for the recipient to review on a report. Examples include base hourly rate, total hourly rate, overtime, doubletime, apprentice approval, and fringe benefit contributions.

Additionally, LCPtracker utilizes industry standard eSignature technology, thus allowing recipients to electronically sign payroll reports versus using a wet signature. Individual program offices will coordinate with recipients on access and training.

For more information, visit Davis-Bacon Act Requirements for Recipients of Bipartisan Infrastructure Law Funding.

8. Construction Signage If your project involves construction, recipients are encouraged to display DOE Investing in America signage during and after construction. Guidance can be found at: (https://www.energy.gov/design).

Proposed construction signage costs that meet these specifications are an allowable cost and should be included in the proposed project budget.

https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events https://www.dol.gov/agencies/whd/government-contracts/construction https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-construction https://lcptracker.com/ https://www.energy.gov/infrastructure/davis-bacon-act https://www.energy.gov/infrastructure/davis-bacon-act https://www.energy.gov/design

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Section V. Submission Requirements and Deadlines

V. Submission Requirements and Deadlines

Please refer to the Official Prize Rules, for all submission requirements and instructions including the content and form for each submission and deadlines.

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Section VI. Application Review Information

VI. Application Review Information

Please refer to the Official Prize Rules, for specific compliance and technical criteria. The following describes the DOE evaluation and selection process that is applicable to all COOPERATIVE AGREEMENT FUNDING OPPORTUNITYs.

7F

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Section VII. Selection and Award Notices

VII. Selection and Award Notices

DOE anticipates notifying applicants selected for negotiation of award and negotiating awards by the dates provided on the Official Prize Rules.

A. Selection Notices

1. Application Notifications

DOE will notify applicants of its determination via a notification letter by email to the technical and administrative points of contact designated by the applicant in HeroX. The notification letter will inform the applicant whether its application was selected for award negotiations. Alternatively, DOE may notify one or more applicants that a final selection determination on particular applications will be made at a later date, subject to the availability of funds or other factors.

2. Applicants Selected for Award Negotiations DOE may stagger its selection determinations. As a result, some applicants may receive their notification letter in advance of other applicants. Successful applicants will receive written notification that they have been selected for award negotiations including estimated award negotiation dates. Receipt of a notification letter selecting an application for award negotiations does not authorize the applicant to commence performance of the project. If an application is selected for award negotiations, it is not a commitment by DOE to issue an award nor is it a guarantee of federal government funding. Applicants do not receive an award until award negotiations are complete and the Grants Officer executes the funding agreement, accessible by the recipient in FedConnect.

The applicant must be responsive during award negotiations by providing requested documentation, including post-selection documentation, and meet the negotiation deadlines. If the applicant fails to do so or if award negotiations are otherwise unsuccessful, DOE will cancel the award negotiations and rescind the Selection. DOE reserves the right to terminate award negotiations at any time for any reason.

Please refer to the Pre-Award Costs section above for guidance on pre-award costs.

3. Alternate Selections In some instances, an applicant may receive a notification that its application was not selected for award and DOE designated the application to be an alternate. As an alternate, DOE may consider the application for federal funding in the future. A notification letter stating the application is designated as an alternate does not authorize the applicant to commence performance of the project. DOE may ultimately determine to select or not select the application for award negotiations.

4. Applicants Not Selected for Award Negotiations DOE shall promptly notify in writing each applicant whose application has not been selected for award negotiation or whose application cannot be funded because of the unavailability of appropriated funds.

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B. Post-Selection Information Requests To reduce burden in the application process required under Memorandum M-24-11 Reducing Burden in the Administration of Federal Financial Assistance, DOE has instituted Post-Selection Information Requests and Submissions procedures. These procedures allow certain elements of an application to be submitted later in the application process, either prior to merit review or after merit review when the application is under consideration for funding.

Applicants will be notified (primarily by e-mail) when Post-Selection Information is needed. This notification is not a Notice of Award, nor should it be construed to be an indicator of possible funding.

Applicants should only submit this information when requested. The applicant will be notified on what documents and materials to submit, the format required and where and when to submit.

See Official Prize Rules, Section 0.4 – What to submit for Cooperative Agreement Negotiations for a list of examples of information that may be required to complete award negotiations

1. Entity Risk Assessment Pursuant to 2 CFR 200.206, DOE may conduct an additional review of the risk posed by applications submitted under the applicable Official Prize Rules. This risk assessment may consider:

• Financial stability;

• Quality of management systems and ability to meet the management standards prescribed in 2

CFR Part 200 as adopted and supplemented by 2 CFR Part 910;

• History of performance;

• Audit reports and findings; and

• The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on recipients or subrecipients.

DOE may make use of other publicly available information and the history of an applicant’s performance under DOE or other federal agency awards.

Depending on the severity of the findings and whether the findings were resolved, DOE may elect not to fund the applicant.

In addition to this review, DOE must comply with the guidelines on government-wide suspension and debarment in 2 CFR Part 180 and must require recipients or subrecipients to comply with these provisions. These provisions restrict federal awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal programs or activities.

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

DOE’s decision whether and how to distribute federal funds under this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY is subject to NEPA (42 U.S.C. § 4321, et seq.). NEPA requires federal agencies to integrate environmental values into their decision-making processes by considering the potential environmental impacts of their proposed actions. For additional background on NEPA, please see DOE’s NEPA website at https://www.energy.gov/nepa.

https://www.whitehouse.gov/wp-content/uploads/2024/04/M-24-11-Revisions-to-2-CFR.pdf https://www.whitehouse.gov/wp-content/uploads/2024/04/M-24-11-Revisions-to-2-CFR.pdf https://www.energy.gov/nepa

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While NEPA compliance is a federal agency responsibility and the ultimate decisions remain with the federal agency, all applicants selected for award negotiations and recipients of an award will be required to assist in the timely and effective completion of the NEPA process in the manner most pertinent to their proposed project. If DOE determines certain documents must be prepared to complete the NEPA review process, the recipient may be required to prepare the documents and the costs to prepare the necessary documents may be included as part of the project costs. DOE will independently evaluate the environmental document and will take responsibility for the contents, including ensuring the professional integrity of the discussion and analysis, as required by NEPA.

National Historic Preservation Act (NHPA) DOE must comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA) prior to deciding whether or how to distribute federal funds. Section 106 requires DOE to identify and consider adverse effects to historic properties that are listed in or eligible for listing in the National Register of Historic Places. DOE may perform a NHPA review under the umbrella of its NEPA review and will require applicants to assist in this review and consider impacts to historic, Tribal, and cultural resources.

3. Flood Resilience Executive Order 11988, Floodplain Management, requires agencies engage in a decision-making process to evaluate the potential effects of any action it may take in a floodplain and to avoid development in a floodplain to the extent possible. DOE procedures for implementing the Executive Order are in 10 CFR part 1022. Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input (reinstated by EO 14030, Climate- Related Financial Risk), directs federal agencies to “expand management from the current base flood level to a higher vertical elevation and corresponding horizontal floodplain to address current and future flood risk and ensure that projects funded with taxpayer dollars last as long as intended.” The higher flood elevation is based on one of three approaches: climate-informed science (preferred), freeboard value, or 0.2% annual flood change (500-year floodplain). Selectees will be required to indicate whether the proposed project location(s) is within a floodplain, how the floodplain was defined, and how the project’s design has been modified to reduce the risk of flood loss and minimize the impact of floods on human safety, health, and welfare. Information to assist in the implementation of these requirements is available at:

• https://www.energy.gov/nepa/articles/eo-13690-establishing-federal-flood-risk-management-standard-and-process-further

• https://www.fema.gov/floodplain-management/intergovernmental/white-house-flood-resilience-interagency-working-group

• http://floodstandard.climate.gov

4. Trafficking in Persons Awards under this COOPERATIVE AGREEMENT FUNDING OPPORTUNITY will be subject to the requirements at 2 CFR Part 175, Award Term for Trafficking in Persons, including the compliance plan and certification requirements applicable if the estimated value of services required to be performed under the grant or cooperative agreement outside the United States exceeds $500,000.

https://www.energy.gov/nepa/articles/eo-13690-establishing-federal-flood-risk-management-standard-and-process-further https://www.energy.gov/nepa/articles/eo-13690-establishing-federal-flood-risk-management-standard-and-process-further https://www.fema.gov/floodplain-management/intergovernmental/white-house-flood-resilience-interagency-working-group https://www.fema.gov/floodplain-management/intergovernmental/white-house-flood-resilience-interagency-working-group http://floodstandard.climate.gov/ https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-175

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5. Construction Workforce Continuity Plan Required for awards inclusive of any construction project with total construction costs greater than $35M and where DOE is contributing 10 percent or more of the project amount, or as otherwise selected by DOE.

If selected for award negotiations, within 30 days of the notification of selection for award negotiations, the selectee must submit a Construction Workforce Continuity Plan.