Foreign entities, whether for-profit or otherwise, are eligible to apply for funding under this FOA; however, the prime recipient must be incorporated in the U.S. or alternatively must seek a waiver from DOE to apply as the prime recipient.
As stated on Page 15, Section 3, all prime recipients receiving funding under this FOA must be incorporated (or otherwise formed) under the laws of a State or territory of the United States. If a foreign entity applies for funding as a prime recipient, it must designate in the Full Application a subsidiary or affiliate incorporated (or otherwise formed) under the laws of a State or territory of the United States to be the prime recipient. The Full Application must state the nature of the corporate relationship between the foreign entity and domestic subsidiary or affiliate.
Foreign entities may request a waiver of this requirement in the Full Application. See Section IV.D.10 for waiver request information. The DOE Contracting Officer has discretion to waive this requirement if he/she determines that it will further the purposes of this FOA and is otherwise in the interests of EERE.
A foreign entity may receive funding as a subrecipient.