Frequently Asked Questions

Select a FOA to view questions and answers for the specific funding opportunity. Alternatively select "Non-FOA related items" to view system FAQ items.

Question 1: Our company is gearing up to submit the letter of intent and the subsequent application. We are curious about how confidential proprietary technical data which we would possible include in our application or in future disclosures once funded are treated. I found the section in one of the application documents that addresses proprietary information. I noticed they want either double brackets or highlighted sentences to denote confidential materials. How do we apply that to images or drawings?
Answer 1:

See Section VIII.E of the FOA for information on marking confidential or privileged information. 

 

In order to mark drawings or images as confidential, you may include a highlighted or bracketed statement above or below the drawing or image that specifically states that the drawing or image is, in its entirety, considered privileged or confidential information and should be exempt from public disclosure. 

 
Question 2: I am about to file the letter of intent. We are in the process of setting up a new entity which ultimately will become the applicant. May we include the current corp and the new corp on the letter of intent submission page? Alternatively we could file to separate letters of intent. Also can we add team members at the time of application submission?
Answer 2:

Both organizations can be included on one letter of intent.  Additional team members can be added at the time of application.

 
Question 3: In our full application, we intend to disclose confidential technical information which we don’t want our competitors to get ahold of. Can we make a request that the reviewers for our application should not be employees of a manufacturer? Are there other risks that competitors may get access to our application?
Answer 3:

We understand your concern.  Please be assured that DOE takes confidentiality and protection of proprietary information very seriously.  We encourage you to thoroughly review the FOA, including Sections VIII.E./F./I. regarding the proper marking and treatment of data. 

 

DOE cannot agree to not use particular reviewers to evaluate an application.  However, please be aware that all reviewers must sign conflict of interest and non-disclosure agreements prior to reviewing an application.

 

You are also reminded that, per the FOA, “Applicants should not include trade secrets or commercial or financial information that is privileged or confidential in their application unless such information is necessary to convey an understanding of the proposed project or to comply with a requirement in the FOA.”
Question 4: I’m sorry I can’t find the table you describe in the chart in section IV.D.2, can you show me? There is no chart in that section.
Answer 4:

Please refer to the Amendment 000001 in Exchange.

 
Question 5: When looking at the use rights and paid up license, it's our understanding that the US government can issue orders to companies using the IP we develop during the grant. So in essence we would potentially develop this technology out for the MR16 with no back end compensation or exclusive rights to produce this. Although our IP is designed to be used across a number of applications we are concerned that once we reduce this to practice there could be some argument about what was reduced to practice and who has the rights to the technology across other lighting applications. Is there any potential for our company to secure the IP derived out of the development given that we have US manufacturing facilities. I think our technology will enable the success of this MRI spec but we don't want to give away all the development efforts. Also are you or someone on your team available for a phone discussion? Any information on this would be helpful.
Answer 5:

The Government use license only permits the Government to use subject inventions created under the project for Government purposes, not for commercial purposes (i.e., giving a third party permission to use the inventions for a commercial purpose).  This license is almost exclusively used for defensive purposes-if the Government gets sued for patent infringement, it can use this license to defend itself. 

 

All recipients will have the ability to retain ownership of subject inventions, either via the Bayh-Dole Act for domestic small businesses and nonprofits, or via the EERE class patent waiver for all other types of entities.

 
Question 6: Our manufacturing partner is a very large electronics company. Can the equipment and real estate be considered the in kind contribution representing 25%? This will be the location of the development. Also could prior costs and development leading up to our current ip which will be an enabling technology also be considered as part of the in kind contribution?
Answer 6: Please refer to Appendix A of the FOA for information on cost share.  Specifics about allowability are typically addressed during negotiations; however, generally speaking, the value of existing equipment being proposed as cost share would be limited to a depreciation charge or usage fee which would be prorated consistent with the amount of time the equipment would be used under the project.  Notwithstanding, if the equipment was purchased under another federal award it may not be counted as cost share.   

Real estate costs and IP or any development costs prior to award are not typically allowed as a cost share.   
Question 7: Our company was not registered for the information webinar. Any way we would like to submit an LOI. It is possible?
Answer 7:

The Letter of Intent is optional.   You can still submit an application without submitting a Letter of Intent.

 
Question 8: Our organization is working on the development of new lighting technologies. However, our research result says the the main issue to accelerate the conversion to a LED lighting systems could be faster in the marketing or business model. This is part of product development goals for this FOA?
Answer 8:

Please review Section I of the FOA.

 
Question 9: As a Minority Business, do I have to provide Matching Funds?
Answer 9: Yes, 25% cost share is required regardless of the type of organization applying.

 
Question 10: What are the allowed requirements for Minority Businesses seeking to conduct business with DOE?
Answer 10:

Financial Assistance with DOE is subject to the requirements of 2 CFR Part 200 and 2 CFR part 910.
Question 11: Is it possible to provide DOE with "qualified" Sample Products, as certified?
Answer 11:

The FOA does not require submission of sample lamps to DOE.

 
Question 12: Can my Business conduct direct Contracting with DOE?
Answer 12:

For unsolicited proposals, please refer to http://www.netl.doe.gov/business/unsolicited-proposals

 
Question 13: Would I be allowed to use my Manufacturer / Vendor relationship to sell to DOE, provided we meet terms, conditions and pricing?
Answer 13:

This FOA is for the research and development of high efficacy lamps. It is not for the procurement of commercial products.

 
Question 14: I do not need the subaward budget justification but the system is requiring me to upload the files while I am submitting the full application.
Answer 14:

There was an error in the set-up of exchange.  The files are no longer marked as required.

 
Question 15: Does the EERE's "substantial involvement" ever result in a claim that one of EERE's staff is an inventor or co-inventor of patentable subject matter?
Answer 15:

I am not aware of this ever happening but it is possible. 
Question 16: Do you have a sample Intellectual Property Management Plan?
Answer 16: No.
Question 17: Do you have a sample Subject Invention Utilization Report?
Answer 17:

Please see the form on this site:

http://eere-intranet2.ee.doe.gov/apm/templates
Question 18: If Prime Recipient or Subrecipient actually reduced to practice a particular species of a genus of an invention prior to a funding agreement, and actually reduced to practice another species of that genus under a funding agreement, does the EERE contend that the subject invention is the entire genus, or just the particular species actually reduced to practice under the funding agreement.
Answer 18: The answer to this question would be very fact specific.  Should the Recipient be selected for an award, EERE and the Recipient could have a discussion with the appropriate parties to determine an answer.