Please reference Section VIII-Other Information, Part(s) D, E, F, and G of the FOA. In addition, the following information in response to your question is provided as follows:
Rights to Inventions: The government will have certain rights in all subject inventions. A subject invention is one which is conceived or first actually reduced to practice under a DOE award. This may include inventions that have been patented prior to the award of the grant, if the invention is first actually reduced to practice (embodying the concept in a physical form and demonstrating it to be a workable embodiment) under the award. The statutes defining the government’s rights are found at 35 U.S.C. 200 to 212, and the regulations are found at 10 CFR 600.100 (particularly at 600.136). If the invention was first actually reduced to practice outside the scope of the Government award, the Government would not take any rights in the invention.
The Bayh-Dole Act (35 U.S.C. 202) provides that nonprofit organizations or small business firms have an automatic right to retain title to subject inventions. The Government will still retain certain rights in these inventions, such as a license for Government use and march-in rights. Entities other than nonprofit organizations of small business firms have the right to petition the Department for a waiver of rights to any subject inventions subject to certain conditions.
Rights in Technical Data: Normally, the government has unlimited rights in technical data created under a DOE agreement. Delivery or third party licensing of proprietary software or data developed solely at private expense will not normally be required except as specifically negotiated in a particular agreement to satisfy DOE's own needs or to insure the commercialization of technology developed under a DOE agreement.
Please keep in mind that the Department of Energy (DOE) cannot make any determination on intellectual property requirements prior to the submission and selection of applications leading to negotiations for award.