Participation
by a foreign subcontractor requires the Performance of Work in the United
States waiver. The FOA describes two types of waivers: (1) Foreign Entity
Participation and (2) Performance of Work in the United States.
(1)
Foreign Entity Participation: This is required if the Prime Applicant is an
entity not incorporated in the United States and they do not wish to designate
a United States subsidiary as the Prime Applicant. The waiver requirements are
on pg. 17, Section III.A.3:
Foreign
entities may request a waiver of the requirement to designate a subsidiary in
the United States as the Prime Recipient in the Full Application (i.e., a
foreign entity may request that it remains the Prime Recipient on the award).
To do so, the Applicant must submit an explicit waiver request in the Full
Application, which includes the following information:
·
Entity name;
·
Country of incorporation;
·
Description of the work to be performed by the entity for
whom the waiver is being requested; and
·
Countries where the work will be performed.
In
the waiver request, the Applicant must demonstrate to the satisfaction of EERE
that it would further the purposes of this FOA and is otherwise in the
interests of EERE to have a foreign entity serve as the Prime Recipient.
(2)
The Performance of Work in the United States waiver: This is required if any
work is done outside of the United States, whether it is the Prime applicant or
the sub-recipient. The circumstances when this waiver applies are described on
pg. 34. However, the waiver requirements and content are described on pg.
36-37, Section IV.I.3:
To
seek a waiver of the Performance of Work in the Unites States requirement, the
Applicant must submit an explicit waiver request in the Full Application, which
includes the following information:
·
The countries in which the work will be performed;
·
A description of the work to be performed outside the
U.S.; and
·
The rationale for performing the work outside the U.S.
For
the rationale, the Applicant must demonstrate to the satisfaction of the EERE Contracting
Officer that a waiver would further the purposes of this FOA and is otherwise
in the interests of EERE and the United States. For example, an Applicant may
seek to demonstrate the United States economic interest will be better served
by having certain work performed outside the United States (e.g., demonstrate
the expertise to develop the technology exists only outside the United States,
but the technology’s ultimate commercialization will result in substantial
benefits to the United States such as improved electricity reliability or
creating domestic jobs). The Contracting Officer may require additional
information before considering the waiver request.