U.S. Department of Energy Loan Guarantee for Projects that Employ Innovative Technologies

DOE Loan Guarantees for Energy Projects

DOE-LPO_TELGP_Solicitation_25May22

U.S. Department of Energy Loan Guarantee for Projects that Employ Innovative Technologies

OMB: 1910-5134

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Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

LOAN GUARANTEE
SOLICITATION ANNOUNCEMENT

U.S. Department of Energy
Loan Programs Office

FEDERAL LOAN GUARANTEES FOR
TRIBAL ENERGY DEVELOPMENT PROJECTS
Solicitation Number: 89303018RLP000005
OMB Control Number: 1910-5134; (extension pending; see Burden Disclosure Statement (Attachment D
infra.))
Announcement Type: Amended and Restated as of May 25, 20221
Original Issue Date:
Last Part I Submission Due Date:
Last Part II Submission Due Date:

July 17, 2018
March 16, 2025
March 16, 2025

This announcement amends and restates in its entirety the Loan Guarantee Solicitation Announcement for Federal Loan Guarantees for Tribal Energy
Development Projects, Solicitation Number: 89303018RLP000005.

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

TABLE OF CONTENTS
I.

Purpose of Solicitation................................................................................................... 4

II.

Eligibility Information................................................................................................... 5

Project Eligibility ........................................................................................................... 5

Energy Development....................................................................................................... 6

Eligible Borrower ........................................................................................................... 6

Eligible Applicants ......................................................................................................... 7

Financial Considerations for Applications .......................................................................... 8

Loan Guarantee Administration Framework ....................................................................... 8

III.

Application Requirements ............................................................................................. 9

Required Information and Materials .................................................................................. 9

Compliance with other regulations .................................................................................... 9

IV.

Evaluation Process ........................................................................................................ 9

Summary of Application Evaluation Process....................................................................... 9

Review of Policy Factors ............................................................................................... 10

Determination to Proceed to Term Sheet Negotiation ......................................................... 10

Fees and Expenses....................................................................................................... 10

Third Party Expenses .................................................................................................... 10

Facility Fee:........................................................................Error! Bookmark not defined.

Maintenance Fee: ......................................................................................................... 11

Credit Subsidy Cost. ..................................................................................................... 11

VI.

Application Instructions .............................................................................................. 11

Application Portal Submission Process: ........................................................................... 11

Portal Registration ........................................................................................................ 12

Formatting Instructions.................................................................................................. 12

VII.

Additional Provisions .................................................................................................. 14

Commitment of Public Funds ......................................................................................... 14

Procurement or Financial Assistance Award ..................................................................... 14

Warning Regarding False Statements............................................................................... 14

Restrictions on Disclosure and Use of Information............................................................. 14

Burden Disclosure Statement.......................................................................................... 15

Questions .................................................................................................................... 16

VIII.

Required Certification/Commitment ............................................................................ 16
2

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

ATTACHMENT A – PART I APPLICATION INSTRUCTIONS ............................................... 18
ATTACHMENT B – PART II APPLICATION INSTRUCTIONS.............................................. 23
ATTACHMENT C – OTHER RELEVANT REGULATIONS.................................................... 30
A.

National Environment Policy Act (NEPA)........................................................................ 30

Davis-Bacon Requirements ............................................................................................ 32

Cargo Preference Act of 1954 Requirements..................................................................... 32

ATTACHMENT D - BURDEN DISCLOSURE STATEMENT................................................... 33
ATTACHMENT E – REQUIRED QUALIFICATIONS OF LEAD LENDERS AND HOLDERS.. 34
ATTACHMENT F – PROGRAMMATIC REQUIREMENTS.................................................... 36
ATTACHMENT G – ELIGIBILITY REFERENCE .................................................................. 44
ATTACHMENT H – REFERENCES ....................................................................................... 46

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

UNITED STATES
DEPARTMENT OF ENERGY
FULL ANNOUNCEMENT
Amended and Restated Loan Guarantee Solicitation for Applications for Tribal Energy Development
Projects
Solicitation Number: 89303018RLP000005
I.

Purpose of Solicitation
Applicants are invited to apply for loan guarantees from the United States Department of Energy (“DOE”)
under Section 2602(c) of the Energy Policy Act of 1992, as amended (“the Act”)2 . The Act authorizes the
Secretary of Energy (the “Secretary”) to issue loan guarantees of up to 90% of loans made to an Indian tribe
or a tribal energy development organization (“TEDO”) for energy development. DOE’s processing of loan
guarantee applications under this authority is administered through the Tribal Energy Loan Guarantee
Program (“TELGP”) and as further defined through this amended and restated solicitation.
TELGP is a key part of the DOE’s support of the Justice40 Initiative, which aims to provide 40 percent of
the overall benefits of certain Federal investments—including investments in clean energy and energy
efficiency— to disadvantaged communities. DOE has identified the following non-exhaustive list of policy
priorities as examples to guide DOE’s implementation of Justice40 in disadvantaged and Tribal communities:
(1) decrease energy burden; (2) decrease environmental exposure and burdens; (3) increase access to lowcost capital; (4) increase the clean energy job pipeline and job training for individuals; (5) increase clean
energy enterprise creation (e.g., minority-owned or disadvantaged business enterprises); (6) increase energy
democracy, including community ownership and other economic benefits associated with the energy
transition; (7) increase parity in clean energy technology access and adoption; and (8) increase energy
resilience.
In support of Justice40, this amended and restated solicitation incorporates consideration of policy factors
related to job quality, responsible contractor standards, workforce diversity, equity, inclusion, and
accessibility goals. It also incorporates hiring goals for underserved or disadvantaged communities as
detailed in recent Executive Orders. 3 Application, facility, and maintenance fees payable to DOE are also
eliminated. It also clarifies borrower and project eligibility requirements to include potentially a broad range
of project types and structures, including those utilizing tax equity.
An application under this Solicitation can be submitted exclusively by an entity that meets the qualifications
of an “Eligible Lender” defined below. The Eligible Lender will fund and be required to hold all or a portion
of the debt obligation that is the subject of DOE’s partial guarantee. Eligible Borrowers, as defined below,
may hold pre-application discussions with DOE. However, Eligible Borrowers may not apply directly to
DOE but must instead work with an Eligible Lender in order to access a loan guarantee.

25 USC Section 3502(c)

EO 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government; EO 14020: Executive Order on
Establishment of the White House Gender Policy Council | The White House; EO 14008: Tackling the Climate Crisis at Home and Abroad

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

The DOE Loan Programs Office (“LPO”) has established a two-part application process for loan guarantees
under TELGP. In Part I of the process, the Applicant is invited to provide the basis for the Project’s eligibility
for a loan guarantee and explain the project’s readiness to proceed further into the application process. If
LPO finds a project qualified under a Part I application, then the Applicant will be invited to Part II of the
process. In Part II of the Application, the Applicant will provide further information that LPO will use to
determine whether there is a “reasonable prospect of repayment” of the potential loan to be guaranteed and
the level of due diligence required to proceed further into the application process. This Solicitation describes
the information requirements for Part I and Part II applications, as well as certain statutory and programmatic
requirements4 and guidance under which LPO administers the TELGP program.
DOE may provide up to two billion dollars ($2,000,000,000), in aggregate, in partial loan guarantees under
this Solicitation. Eight million five hundred thousand dollars ($8,500,000) in appropriated funds is available
to pay the Credit Subsidy Costs associated with such loan guarantees.
Applicants must submit Applications in response to this Solicitation in accordance with the instructions
provided in Section VI, Attachment A and Attachment B. Applicants should refer to Attachment F for the
definition of all terms not otherwise defined within the body of the Solicitation.
II.

Eligibility Information
A. Project Eligibility
An “Eligible Project” under this Solicitation is a Project that meets the following conditions:
1) is located in the United States at one or more locations, which may include Indian lands;
2) is wholly or otherwise substantially owned, directly or indirectly, by an Eligible Borrower; and
3) is an energy development project being developed, constructed, or acquired by such Eligible
Borrower using the proceeds of the guaranteed loan.
DOE may consider a Project an Eligible Project if it is substantially (but less than wholly) owned, directly or
indirectly, by an Eligible Borrower if DOE determines that the measurable benefits to an Indian tribe, whether
by (x) location on Indian lands, (y) provision of energy services to Indian lands, or (z) integration with Indian
energy resources, or otherwise, supports the proposed ownership structure. Ownership can also be determined
by the Eligible Borrower’s ownership of the managing member of a tax equity partnership that wholly owns
the Eligible Project or by other similar ownership structures acceptable to DOE. 5
With respect to a potential DOE guarantee of any loan to an Eligible Tribe or a TEDO that is wholly owned
(directly or indirectly) by an Eligible Tribe, a Project constituting an energy development project that (x) is
not located on Indian lands, (y) does not provide energy services to Indian lands, or (z) does not constitute
the integration with Indian energy resources may qualify as an Eligible Project so long as such Project meets

This Solicitation is issued under the Act and is subject to all the terms and conditions of the Act and the programmatic requirements set forth in
Attachment F of this Solicitation. Copies of the authorities cited herein may be found at TRIBAL ENERGY LOAN GUARANTEE PROGRAM |
Department of Energy (the “Program Website”).
5

For any Eligible Project less than wholly-owned by the Eligible Borrower, particular attention will be focused on ensuring that the Loan Guarantee
Agreement and related documents contain terms and conditions that DOE deems necessary and appropriate to protect the interests of the United States
in the case of default and, at a minimum, satisfy the applicable requirements of 42 U.S.C. §16512.

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

the requirements specified above and demonstrates to DOE’s satisfaction the measurable benefits of the
Project to one or more Eligible Tribes.
With respect to a potential DOE guarantee of any loan to a TEDO that is partially owned (directly or
indirectly) by one or more Eligible Tribes, a Project constituting an energy development project must, in
addition to meeting the requirements specified above, be located on Indians lands, (y) provide energy services
to Indian lands, or (z) constitute the integration with Indian energy resources to qualify as an Eligible Project.
The term “integration with Indian energy resources” as used herein means any project that establishes a
facility (including any pipeline, gathering system, transportation system or facility, or electric transmission
or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise
develop energy resources on, Indian land.
See Attachment G for further guidance on how the definitions of Eligible Borrower and Eligible Project
should be collectively interpreted.
B. Energy Development
Loans guaranteed under TELGP must be used by an Eligible Borrower for energy development. For purposes
of this Solicitation, “energy development” is understood to encompass a broad range of projects and activities
for the development of energy resources, products, and services that utilize commercial technology
(innovative technology is permitted but not required); however, for the purposes of this Solicitation, “energy
development” does not include relending or other extensions of credit by an entity seeking to qualify as an
Eligible Borrower. The following non-exclusive list of potential types of Eligible Projects is provided for
illustrative purposes only. Submission of an application supporting a project that fits within one or more of
the illustrative project types set forth below does not assure that such Applicant will be selected for the
issuance of a loan guarantee.
•

Electricity generation, transmission and/or distribution facilities, utilizing renewable or
conventional energy sources

•

Energy storage facilities, whether or not integrated with any of the above

•

Energy resource extraction, refining or processing facilities

•

Energy transportation facilities, including pipelines

•

District heating and cooling facilities

•

Cogeneration facilities

•

Distributed energy project portfolios, including portfolios of smaller distributed generation and
storage facilities employed pursuant to a unified business plan

See Attachment G for further guidance on how the definitions of Eligible Borrower and Eligible Project
should be collectively interpreted.
C. Eligible Borrower
An Eligible Borrower under this Solicitation can be an Eligible Tribe or a TEDO.
An “Eligible Tribe” means any Indian tribe, band, nation, or other organized group or community, including
any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska
6

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians. 6
A TEDO means:
(A) any enterprise, partnership, consortium, corporation, or other type of business organization that
is engaged in the development of energy resources and is wholly owned by an Eligible Tribe
(including an organization incorporated pursuant to 25 U.S.C. Section 5124 or 5203); or
(B) any partnership, joint venture, limited liability company, or other unincorporated association
or entity that is established to develop Indian energy resources consisting of two or more entities at
least one of which is an Eligible Tribe, that has the written consent of the governing bodies of all
Indian tribes participating in such organization to apply for a grant, loan or other assistance under
25 U.S.C. Section 3502 or to enter into a lease or business agreement with, or acquire a right-ofway from, an Eligible Tribe pursuant to 25 U.S.C. Section 3504(a)(2)(A)(ii) or (b)(2)(B). 7
For a TEDO that is wholly owned, directly or indirectly, by an Eligible Tribe to qualify as an Eligible
Borrower, such TEDO must be engaged in the development of energy resources constituted by or that
includes the proposed Eligible Project. For a TEDO that is partially owned by one or more Eligible Tribes to
qualify as an Eligible Borrower, at least one Eligible Tribe must be a direct or indirect owner of such TEDO
and the Project must (x) be located on Indians lands, (y) provide energy services to Indian lands, or (z)
constitute the integration with Indian energy resources. 8
See Attachment G for further guidance on how the definitions of Eligible Borrower and Eligible Project
should be collectively interpreted.
D. Eligible Applicants
Eligible Applicants under this Solicitation are expected to be Eligible Lenders that have existing relationships
with Eligible Borrowers for an Eligible Project.
An Eligible Lender is defined as: (A) a financial institution that meets the requirements in (1)-(4) below, (B)
an Eligible Tribe, using funds of such Eligible Tribe and that meets the requirements in (1)-(3) below, or (C)
a TEDO, using funds of such TEDO and that meets the requirements in (1)-(3) below, and, in each case, that
meets the applicable requirements of Attachment F:

See 25 U.S.C. Section 3501(4)(A) which refers to section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. Section
450b)). In determining eligibility, the LPO will be guided by the annually published list of Tribal entities recognized by and eligible for funding and
services from the Bureau of Indian Affairs by virtue of their status as Indian Tribes (see 87 FR 4636 or its successor notices).
7

25 U.S. Code § 3501(12). The LPO has interpreted subclause (A) thereof to apply to entities that are either directly or indirectly wholly owned by
an Eligible Tribe and subclause (B) to apply to entities that are either directly or indirectly partially owned by at least one Eligible Tribe.
8

See 25 U.S.C. Section 3501(12)(A) with respect to the requirement to be engaged in the development of energy resources for wholly owned TEDOs
and see the definition of “organization” in 25 U.S.C. Section 3501(7) for the requirement to be established to develop Indian energy resources for
partially owned TEDOs under 25 U.S.C. Section 3501(12)(B).

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

1) Not debarred or suspended from participation in a Federal government contract or participation in a
non-procurement activity;9
2) Not delinquent on any Federal debt or loan;
3) Legally authorized and empowered to enter into loan guarantee transactions authorized by the Act
and the Solicitation;
4) Be able to demonstrate, or have access to, experience in participating in loans for commercial projects
similar in size and scope to the project under consideration. For this purpose, ‘participating’ means
(a) being a lender in a capacity as a principal with an investment at risk and (b) evaluating such loan
investments primarily with regard to long-term credit risk.
E. Financial Considerations for Applications
Under this Solicitation, the portion of a debt obligation that may be guaranteed by DOE (“Guaranteed
Obligation”) is limited to no more than ninety percent (90%) of the maximum aggregate principal amount
of, and interest on, the Guaranteed Obligation during its term. DOE may, in its discretion, offer applicants
guarantee percentages that are below (including significantly below) the 90% maximum, taking into account
factors such as (but not limited to) size, complexity, levels of market, regulatory, legal, financial,
technological, and other risks, and level of reliance on the Lender-Applicant's due diligence.
Loan guarantees issued under TELGP must satisfy specific financial requirements as set forth in Attachment
F and an Applicant should provide an assessment of the ability of the Borrower, the Project Sponsors and
proposed Project to satisfy such requirements in responding to this Solicitation.
Applicants and other participating financial institutions are expected to evaluate, and receive credit approval
for, the Guaranteed Obligation in accordance with their established internal credit policies and procedures for
comparable senior debt transactions, as if the Guaranteed Obligation were not partially guaranteed.
Applicants that plan to implement tax-oriented investment structures are encouraged to consult with DOE
prior to a formal application to confirm the compatibility of those structures with existing statutory or DOE
lending requirements under TELGP. The Applicant will have the lead role in developing the overall financial
structure of the proposed project and the specific terms of the Guaranteed Obligation, in the usual and
customary manner of a lead lender or underwriter of a senior secured credit facility. However, under this
Solicitation, the Applicant is also expected to ensure that the Guaranteed Obligation and the associated
documentation conform to the requirements of TELGP, in addition to the usual and customary provisions that
a reasonable and prudent lender would ordinarily require.
F. Loan Guarantee Administration Framework
An application under this Solicitation may be submitted exclusively by a financial institution or tribal lender
that meets the qualifications of a “Lead Lender” set forth in D above, and more fully in Attachment E to this
Solicitation. Potential Borrowers may not apply directly to DOE under this Solicitation but must instead
work with financial institutions or tribal lenders satisfying the qualification requirements of a Lead Lender in
order to access a loan guarantee under TELGP.
Each Guaranteed Obligation is generally expected to have only one Lead Lender which will fund and hold
all or a portion of a Guaranteed Obligation, with any additional funders of the Guaranteed Obligation referred

2 CFR part 180.

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

to as “Holders”. The Lead Lender will act as the administrative agent for the Guaranteed Obligation (the
“Administrative Agent”) and perform the servicing of the Guaranteed Obligation, including the duties set
forth in Attachment F. DOE’s guarantee of the Guaranteed Obligation (“Loan Guarantee”) will be issued
pursuant to a written agreement entered into between DOE and the Lead Lender (“Loan Guarantee
Agreement”) and related documentation. The Loan Guarantee Agreement and related documentation will
contain specific covenants, reporting and notification requirements, and other terms and conditions as
required by DOE, including, without limitation, terms and conditions that are usual and customary for similar
financings by U.S. Government or other public lending institutions or otherwise deemed appropriate by DOE
after the completion of its due diligence review and underwriting and credit analysis of the proposed
financing. In the event of a Borrower payment default that continues past specified cure periods, the
Administrative Agent, on behalf of the Holders, may make demand on DOE under the Loan Guarantee for
payment of guaranteed amounts, regardless of whether such amounts have become due and owing by reason
of acceleration or otherwise. The Loan Guarantee is a guarantee of payment and not of collection.
III.

Application Requirements
Applicants are required to submit timely and sufficiently responsive information to support a thorough
analysis of the Project’s compliance with the requirements established by this Solicitation, as well as rigorous
underwriting criteria. All information that DOE collects will be used and stored in accordance with DOE
policies and procedures.
A. Required Information and Materials
Attachment A and Attachment B provide the Part I and Part II information and materials, respectively, that
DOE requires from an applicant to demonstrate compliance with the information collection requirements. In
addition to information requested in this Solicitation, each Applicant may also be required to submit
additional information subsequently requested by DOE in order to clarify an Application.
B. Compliance with other regulations
The Applicant will be responsible for meeting other statutory requirements as defined in Attachment C,
including those pertaining to the National Environmental Policy Act (“NEPA”).

IV.

Evaluation Process
A. Summary of Application Evaluation Process
DOE will review each Part I submission to determine whether such submission meets the Project eligibility
requirements provided in Section II. If deemed eligible and ready to proceed further into the application
process, Applicants will be invited to submit a Part II application.
An invitation to submit a Part II Application is not an assurance that DOE will invite the Applicant to the due
diligence and term sheet negotiation process.
LPO’s Part II evaluation will determine whether there is a Reasonable Prospect of Repayment (as defined in
Attachment F) of the loan to be guaranteed by applying the factors set forth in such definition. If the LPO
determines that there is a Reasonable Prospect of Repayment of the loan to the guaranteed, the LPO will then
determine the level of due diligence required to enter and conduct negotiations on a term sheet. The level of
due diligence required will be based on verification that the Applicant and other participating financial
institutions (if any) have evaluated, and received credit approval for, the Guaranteed Obligation in accordance
with their established internal credit policies and procedures for comparable senior debt transactions, as if the
Guaranteed Obligation were not partially guaranteed and the receipt by DOE of due diligence memoranda
9

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

and supporting documentation from the Applicant and such other participating financial institutions. Based
on such factors, LPO will, in consultation with the Applicant, determine the scope and depth of any additional
due diligence required, taking into account the Applicant’s and the Project Sponsor’s schedule and
commercial objectives.
B. Review of Policy Factors
In Part II, DOE will also evaluate the extent to which an Application for a Project achieves measurable
economic benefits or access to energy for one or more Eligible Tribes, and Justice40 and other stated policy
objectives, including (i) job quality, (ii) responsible contractor standards, (iii) workforce diversity, equity,
inclusion, and accessibility goals for individuals who belong to underserved communities, such as Black,
Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other
persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+)
persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected
by persistent poverty or inequality and business and contracting with businesses owned by such persons, and
(iv) underserved or disadvantaged community hiring goals.
C. Determination to Proceed to Term Sheet Negotiation
After DOE has completed its evaluation of a Part II application, DOE may invite the Applicant to enter into
negotiations on a term sheet. As described above, LPO may require additional due diligence review in order
to enter and conduct negotiations on a term sheet. In negotiating a term sheet, LPO may, at its discretion,
require modification of the terms and conditions of the term sheet or other agreements between the Borrower
and the Applicant, as well as agreements with other project or financing parties, to satisfy the LPO’s
conditions for determining that there is a Reasonable Prospect of Repayment of the loan to be guaranteed and
to protect the interests of the United States in the case of default. The negotiation of a term sheet does not
provide any assurance that DOE will issue a conditional commitment or a loan guarantee to support the
Project.
If DOE reviews a submission and decides not to proceed, DOE will inform the Applicant in writing of the
reason(s) for not moving forward. DOE’s decision not to proceed with any Application shall be final and
non-appealable but will not prevent the Applicant from applying for a loan guarantee pursuant to the terms
of any other existing Solicitation that is accepting Applications or applying for a guarantee in respect of a
different proposed project pursuant to another, separate application under this Solicitation.
DOE reserves the right, without qualification, to reject any or all Applications received in response to this
Solicitation or select any Application for negotiation of a term sheet.
V.

Fees and Expenses
DOE will charge the following fees and expenses:10
A. Third Party Expenses
DOE may utilize independent technical, financial, or other consultants and outside legal counsel in the due
diligence of projects and structuring of transactions and drafting of term sheets and financing documents.
Upon making the determination to engage independent consultants or outside counsel with respect to an

42 U.S.C. §16512(h)(1)

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

Application, DOE will continue evaluating and processing an Application only upon the Applicant, Borrower
or Project Sponsor, as appropriate, entering into an agreement satisfactory to DOE agreeing to pay the fees
and expenses of the applicable independent consultant and/or outside counsel. Applicants are advised that
such services shall be rendered for the benefit of DOE in connection with an Applicant’s Project and that
DOE, not the Project Sponsor, is the client of such independent consultants and outside counsel. In some
cases, a retainer to cover such fees and expenses may be required. In the event that a Project Sponsor fails to
comply with the provisions of such payment agreement, DOE may stop work on the Application and/or reject
an Application. DOE shall not be financially liable to any independent consultant or outside counsel for
services rendered in connection with an Application under any circumstances whatsoever. The degree that
LPO will utilize external consultants will vary depending on the size, complexity and risk factors of the
Project and the proposed loan and the level of due diligence performed by the Applicant. LPO will endeavor
to minimize requirements for external consultants and, at its discretion, keeping external advisor costs to less
than 1% of the loan request and not requiring non-legal consultants for projects with total project costs of less
than $25 million.
B. Maintenance Expenses:
Borrowers shall be responsible for paying the fees and expenses of DOE’s Master Servicer, as described in
Attachment F.
C. Credit Subsidy Cost.
The Credit Subsidy Cost is the net present value of the estimated long-term cost to the U.S. government of a
loan guarantee as determined under the applicable provisions of the Federal Credit Reform Act of 1990, as
amended (“FCRA”). The Credit Subsidy Cost is expressed as a percentage of the Guaranteed Loan amount.
DOE will allocate appropriated funds to pay the Credit Subsidy Cost of loan guarantees as and when the
closing of such loan guarantees occurs, subject to the availability of appropriated funds. No guarantee shall
be made unless an appropriation for the cost of the guarantee has been made, the remaining amount of which
is sufficient to cover the Credit Subsidy Cost. DOE makes no representation regarding the amount of any
particular applicant’s Credit Subsidy Cost or whether there will be sufficient appropriated funds to pay for
such Credit Subsidy Cost.
VI.

Application Instructions
Applicants must file Part I and Part II submissions via the DOE Loan Program’s online Application portal
(“Application Portal”). Supporting documents for Applications will be accepted only in the following
formats: Microsoft Excel or Adobe PDF. Do not encrypt, compress, or zip any files.
A. Application Portal Submission Process:
LPO offers pre-application consultations to prepare prospective applicants for the application process.
Prospective applicants can begin the consultation process by sending an email to [email protected] with
the subject line containing the prospective applicant's name and 'Request for Preapplication Consultation.'
If you have concluded pre-application consultations with LPO, please email or call your LPO staff contact
for instructions on how to access the Application Portal.
The Application Portal provides a process for making corrections to an Application if substantive changes
or additions are required after it has been submitted.

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

B. Portal Registration
To apply electronically via the Application Portal, Applicants must obtain a Unique Entity ID through the
System for Award Management (“SAM”) website. 11
C. Formatting Instructions
Applicants should provide all requested information in the following format:
1.

Documents supporting and forming any part of an Application should:
a) Be typed in 11 point or greater font;
b) Conform to the outlines given in Appendix A and Appendix B. Adhere to a format consisting
of standard 8.5” x 11” paper; and
c) Have at least 1” margins (top, bottom, left and right) with exceptions for charts, graphics, and
similar materials.

Applicants should provide a “short name” or other identifier that will allow for easy identification
of the Project.

The file naming standard that DOE will use for uploaded files is specified in Table 1. Certain
documents uploaded through the Application Portal will be renamed automatically to conform to
this convention, as shown in the example that follows Table 1.

Table 1
Order
#

File
Name
Identifier

Identifier Specified as

Following
separator

Project Name

Period

Part I or Part II
Submission
Indicator

Roman numeral

Period

Category
Character
Reference

Capital letter identifier for the section in the
Solicitation specifying the document category

Period

Category name

Name of the section in the Solicitation
specifying the document category

Period

Sub-category
Number(s)

Number identifier for the sub-section in the
Solicitation specifying the document subcategory.

Period

If multiple sub-categories apply, list the sub11

See https://www.sam.gov to register with SAM. SAM registration must be completed and active before a payment can be made.

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

categories as a comma-separated list in
ascending numeric order.
6

Version
Number

Capital ‘V’ followed by the next consecutive
version number in the system. The first version
of any document is specified as 1.

Period

File Extension

File extension representing the file type

NONE

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

Example:

Project Name

Category Character
Reference

Sub-Category
Number(s)

File Extension

ProjectABC.I.D.Technical Information.1,2,3,4,5,6,7,8.V1.pdf

Submission
Indicator

Category
Name

Version
Number

VII. Additional Provisions
A. Commitment of Public Funds
DOE shall not be bound by oral representations made during the Application stage or during any negotiations.
No binding commitment, agreement, obligation, or right of any kind may be assumed or enforced by any
Applicant or Project Sponsor against DOE other than in accordance with a duly and validly executed Loan
Guarantee Agreement.
B. Procurement or Financial Assistance Award
Neither a procurement action under Title 48 of the CFR nor a financial assistance award under 10 CFR Part
600 is contemplated by this Solicitation.
C. Warning Regarding False Statements
It is a crime to knowingly make false statements to a federal agency. Misrepresentation of material facts may
be the basis for denial of an Application for a loan guarantee from DOE. Penalties upon conviction may
include fine and imprisonment. For details, please refer to 18 U.S.C. §1001.
D. Restrictions on Disclosure and Use of Information
Confidential business information shared with the LPO is subject to Federal laws, regulations, and DOE
policies. As a matter of policy, LPO and its Federal employees do not enter into Non-Disclosure Agreements.
Application materials may become federal records and subject to disclosure statutes such as the Freedom of
Information Act. 12 To the extent practicable DOE will protect confidential business information from public
release.

5 U.S.C. §552 (“FOIA”)

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

Patentable ideas, trade secrets, proprietary and confidential commercial or financial information, disclosure
of which may harm the Applicant, should be included in an Application only to the extent that such
information is necessary to convey an understanding of a Project. The use and disclosure of such data will
be restricted, to the extent consistent with applicable law, provided the Applicant specifically identifies and
marks such data in accordance with 10 CFR 600.15, as described below:
1.

Upload the following legend on a separate page when submitting Part I and Part II of the
Application (be sure to specify the section number(s) from the Application that contain(s) such
data):
“Applicant submits this Application based on DOE’s assurance that the Application will be kept
confidential to the extent consistent with applicable law. Applicant hereby certifies that Section(s)
[___] of this Application contain(s) trade secrets or commercial or financial information that is
privileged or confidential and is exempt from public disclosure. Such information shall be used or
disclosed only for evaluation purposes or in accordance with the loan guarantee agreement, if any,
entered in response to this Application. If Applicant is issued a loan guarantee under Section
2602(c) of the Energy Policy Act of 1992, as amended, as a result of, or in connection with, the
submission of this Application, DOE shall have the right to use or disclose the data contained
herein, other than such data that have been properly declared in the loan guarantee agreement to be
trade secrets or commercial or financial information that is privileged or confidential and is exempt
from public disclosure.”

Include the following legend on the first or cover page of each document or electronic file
submitted that contains such data (be sure to specify the page numbers from such document or
electronic file that contains such data):
“Notice of Restriction on Disclosure and Use of Data
Pages [___] of this document contain trade secrets or commercial or financial information that is
privileged or confidential and is exempt from public disclosure. Such information shall be used or
disclosed only for evaluation purposes or in accordance with a financial assistance or loan
agreement between the submitter and the Government. The Government may use or disclose any
information that is not appropriately marked or otherwise restricted, regardless of source.”

Include the following legend on each page containing trade secrets or commercial or financial
information that is privileged or confidential:
“Contains trade secrets or commercial or financial information that is privileged or confidential and
exempt from public disclosure.”

In addition, each line or paragraph containing trade secrets or commercial or financial
information that is privileged or confidential should be marked with brackets or other clear
identification, such as highlighting.

For more guidance regarding the treatment of confidential information, please refer to the Treatment of
Confidential Materials fact sheet and DOE’s regulations implementing the Freedom of Information Act (10
CFR. 1004).
E. Burden Disclosure Statement
Applicants should refer to Attachment D.
15

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

F. Questions
Questions regarding this solicitation or requests for a printed copy may be submitted to:
U.S. Department of Energy, Loan Programs Office
Attn: Tribal Energy Loan Guarantee Program Applications
1000 Independence Avenue, SW
Washington, DC 20585
You may also send questions or other correspondence to [email protected]. Please include “RE: TELGP
Projects Question -” and a short title describing the question in the subject line. For Applications that have
been formally submitted through the Part I or Part II process, DOE will assign a single point of contact for
all subsequent questions and/or discussions regarding the Application.
VIII. Required Certification/Commitment
The following certification must be included with each Part I and Part II Application:

Loan Guarantee Solicitation Announcement
Tribal Energy Development Projects
Amended and Restated as of May 25, 2022

[SAMPLE LETTER OF CERTIFICATION/COMMITMENT]
[DATE]
Director
U.S. Department of Energy, Loan Programs Office
Attn: Tribal Energy Loan Guarantee Program Applications
1000 Independence Avenue, SW
Washington, DC 20585
Dear Director:
This letter confirms the intent of [Name of Applicant] (the “Applicant”) to seek a loan guarantee pursuant to
the Amended and Restated Solicitation No. 89303018RLP000005 dated ______, 20__ (the “Solicitation”).
This letter certifies that the data and information submitted, and the representations made in this Application
and any attachments to this Application are true and correct, to the best of the Applicant’s knowledge and
belief after due diligence, and the Applicant has not omitted any material facts. The undersigned further
certifies that [s]he has full authority to bind the Applicant.
[For Part II submission only: “The Applicant attests that there is a reasonable prospect that the guaranteed
portion of the Guaranteed Obligation and any other Project debt will be repaid on time and in full (including
interest) from Project cash flow according to the terms proposed in the Application.”]
The undersigned acknowledges that neither it nor any of its affiliates may issue any press release or otherwise
disclose the status of the Application or any communications with DOE without DOE’s prior written consent.
If we decide to withdraw from consideration for a loan guarantee at any time, we will notify DOE in writing
of that decision as soon as possible.

Sincerely,
_______________________________
Signature of Authorized Officer
[Name]
[Title]
[Company/Applicant]

ATTACHMENT A – PART I APPLICATION INSTRUCTIONS

The purpose of the Part I Application is to provide sufficient information for DOE to determine the Project’s
eligibility and readiness to proceed through the application process. While the Part I Application may be
submitted at any time, LPO recommends that the Applicant engage in a pre-application consultation with
LPO staff prior to submission.
Refer to Section VII.D of the Solicitation that sets forth the steps an Applicant must take in order to restrict
the use and disclosure of certain data submitted in the Application.
The information requested in Part I Section A is to be entered directly into the text fields provided in the
Application Portal. The information requested in Part I Sections B through G can be provided in detail as a
narrative following the outline provided below or through the inclusion of supporting documentation or
through a combination of both. Applicants should tailor their narrative responses based on their reasonable
judgement of the Project characteristics and responsiveness to the information requested. Applications should
avoid duplication of information and excessive detail to allow LPO to conduct an efficient evaluation of the
Part I Application. A typical Part I Application should be no more than 25 pages. LPO will contact the
Applicant if there are any questions or if additional information is required. Additional detail will be
requested in the Part II Application.
Sections that are addressed through supporting documentation should include specific references by
document name, section, and page to facilitate review of the Application. Submissions should be provided
in PDF or Excel documents uploaded through the Application Portal.
I.

Submission Requirements
A. Application Information (to be submitted on the Application Portal website)
1.

Project Information:
a) Project name
b) Project technology
c)

Project/generation capacity (in Megawatts, Gallons per Year, Tons per Year, or Other)

Project Location: Street address, city, state, zip code for all Project locations.

Borrower and Project Sponsor(s): For the Borrower and each Project Sponsor, provide the entity
name, website address, mailing address, city state, postal code, contact first name, contact last
name, contact title/position, contact phone, and contact email.

Applicant Information: Applicant entity name, website address, mailing address, city, state,
postal code, DUNS number, NAICS code, primary contact information including first name, last
name, title/position, phone, and email.

Preliminary Questions: The Applicant is to answer the following questions. If the answer to any
of these questions is “No” include an explanation of the circumstances that cause the answer to be
“No” in the space provided.
a) Do you confirm you have read and understand the Amended and Restated Loan Guarantee
Solicitation Announcement from the U.S. Department of Energy Loan Programs Office
regarding Federal Loan Guarantees for Tribal Energy Development Projects?

Attachment A – Part I Submission Instructions

b) Is the Applicant legally authorized to enter into loan guarantee transactions and in good
standing with the U.S. Department of Energy and/or any other federal agency loan guarantee
program?
c) Is the Applicant current on payment of all amounts owed to the federal government?
d) Will the Project be built and operated entirely within the United States or its territories?
e) Do you confirm that to the best of the Applicant’s knowledge, after making diligent inquiry,
that no Project participant has been charged with or convicted of a misdemeanor or felony
(other than routine traffic violations) or been involved in any securities litigation?
6.

Summary of Loan Guarantee Request: Provide the information in the table that appears on the
portal: requested period of guarantee (years), total Project Costs, proposed guarantee amount, debt,
and equity. The sum of the amount entered for debt and the amount entered for equity should equal
the amount entered for total Project Costs.

Summary of Benefits to Tribe(s): Provide a narrative summary of the benefits to the tribe(s) that
will result from the Project. Applicants should include direct economic and energy justice goals
and benefits to the tribe as well as potential secondary benefits. Terms can be preliminary and
updated further in the Part II application.

B. Project Organization
1.

Key Staff: List the full names (including middle name or initial) of key staff of the Borrower and
Project Sponsors to be involved with the Project and a one paragraph description of their
professional biographies.

Personnel Organizational Chart: Provide a current personnel organizational chart for the
Borrower and each Project Sponsor indicating key staff names and functions.

Project Organizational Chart: Provide a current or proposed Project organizational chart
showing the Borrower relationship to each Project Sponsor, the Project, and to any subsidiaries or
affiliates. Include the legal structure (e.g., corporation, partnership, or LLC) of each entity listed
in the organizational chart. Include a short narrative description of the chart indicating the status
and plans, if any, to create any entity.

C. Lender/Applicant Organization
1.

Key Staff: List the full names (including middle name or initial) of key staff of the Applicant
responsible for the proposed financing of the Project with one paragraph description of their
professional biographies.

Applicant Organizational Chart: Provide a current Applicant personnel organizational chart
indicating key staff names and functions.

Lender Qualification: The Applicant must submit the information as listed in Appendix F as
evidence of its qualification as a Lead Lender under the TELGP program.

Evidence of Authority: Submit a secretary’s certificate or other evidence that the signatory of the
Application and related documents is duly authorized to execute and deliver documents for and in
the name of the Applicant.

Attachment A – Part I Submission Instructions

D. Project Description
1.

Executive Summary: Provide a description of the nature and scope of the Project, including the
technology, brief overview of business plan with a focus on the revenue model, brief overview of
financing plan with a focus on sources and uses as well as plan for and current status of equity
raise, site, environmental resources affected, purpose, size, capacity, design features, key metrics,
and key milestones. Include target dates for:
a) financial close of the Loan Guarantee Agreement;
b) commencement of site preparation and construction;
c) commercial operation; and
d) marketing the output.

Project Sponsors’ Capabilities: Describe the Borrower’s and each Project Sponsor’s prior
experience as it relates to carrying out undertakings similar to the one being proposed, financial
strengths, investment in the venture to date and as anticipated during the construction and operation
phases of the venture (i.e., continuing financial support), and proposed equity investment in the
Project, as well as the Project’s strategic significance to the Borrower and each Project Sponsor.

E. Technical Information
1.

Description of Project Design: Provide a technical description of the project, including key
outputs, inputs and processes involved in the Project design.

Description of Technology: Provide a description of the technology to be used in the Project.
Describe the commercial feasibility of the technology (or technologies) and how the Project intends
to employ such technology(technologies).

Diagrams: Provide conceptual level diagrams with descriptions outlining general plant layout,
process and materials flows, and operating parameters and throughputs for key processes. Include
also any supporting photos, maps or drawings.

Acquisition Strategies: Provide a description of key raw material, equipment, and component
supply chain acquisition strategies.

Critical Path Agreements Status: Provide a status for each critical path contract and agreement,
such as a front-end engineering agreement, technology license and teaming agreements,
Engineering, Procurement and Construction (“EPC”) contract, long-lead contracts, feedstock
agreements, and plant off-take or sales agreements. Use the table below; expand or modify as
needed.
Agreement

Status

Comment

Front-End Engineering
Design (FEED)
Technology Licensing
Teaming Agreement/
Engineering, Procurement
and Construction
Long-Lead

Equipment
Attachment A – Part I Submission Instructions

Contracts
Feedstock Agreements
Off-Take
Contracts

Sales

Status: 1. Not started, 2. Initiated, 3. Completed, 4. N/A (for items marked 1 or 2, please identify
the estimated completion date in the “Comments” column).
6.

Planning Documents Status: Provide a status of the construction plan, operation and maintenance
plan, waste disposal plan, and preliminary risk management plan. Use the table below and expand
or modify needed.
Document

Status

Comment

Construction Plan
Operation
Maintenance Plan

and

Waste Disposal Plan
Risk Management Plan

Status: 1. Not started, 2. Initiated, 3. Completed, 4. N/A (for items marked 1 or 2, please identify
the estimated completion date in the “Comments” column).
F. Financial Information
1.

Term Sheet: Provide a copy of any term sheet (binding or proposed) or other narrative that the
Applicant has provided to the Borrower that describes the amount to be borrowed, tenor, interest
rate, and other terms and conditions relevant to the Lender’s offer. In addition, describe any
syndication, placement, distribution, and any other material aspects of funding the Guaranteed
Obligation.

G. Legal and Regulatory Information
1.

Status and Timelines for Regulatory Approval: Provide as a table the status and timelines for
application and expected completion or receipt of all required federal, state, or local permits,
approvals, or reviews, including as to environmental matters.

Federal Support: If the Project will benefit directly or indirectly from certain other forms of
federal support, such as allowable federal income tax benefits; grants or other loan guarantees from
federal agencies or entities, including DOE; federal agencies or entities as a customer or off-taker
of the Project’s products or services; or other federal contracts, including acquisitions, leases and
other arrangements, that support the Project, provide a description of each such federal support.
The Applicant should separately identify any previous Federal Support that the project or related
technologies has received.
Attachment A – Part I Submission Instructions

Other Governmental Support: If the Project relies on non-federal governmental (including state)
incentives or other assistance, including grants, tax credits and other loan guarantees to support the
financing, construction and operation of the Project, provide a description of each such non-federal
support, including indicating whether any such incentives or assistance are subject to clawback and
the circumstances under which a clawback could occur. The Applicant should separately identify
any previous Other Governmental Support that the project or related technologies has received.

H. Application Certifications
1.

Lobbying, Debarment, and Related Certifications and Assurances: In submitting an
Application for a loan guarantee under the Act, Lender/Applicants and Borrowers must provide
certain certifications and assurances contained in the form entitled “Certifications for Use with
Applications for Department of Energy Loan Guarantees under the Tribal Energy Loan Guarantee
Program” which form may be downloaded from the Program Website. 13

Letter of Certification/Commitment: In order to be considered under this Solicitation, the Part I
Application must include a letter of commitment signed by an authorized representative of the
Applicant in the form provided above in Section VIII.

LPO Applicant Certification Form - TELGP

Attachment A – Part I Submission Instructions

ATTACHMENT B – PART II APPLICATION INSTRUCTIONS

The Part II Application may be filed at any time after DOE provides an invitation to the Applicant. The Part
II Application consists of the items summarized below and in Attachment A as well as other information that
may be requested to facilitate DOE’s continued review.
Applicants should refer to Section VII.D of the Solicitation that sets forth the steps an Applicant must take in
order to restrict the use and disclosure of certain data submitted in the Application.
The purpose of the Part II Application is to provide sufficient information for DOE to determine whether
there is a “reasonable prospect of repayment” of the proposed loan to be guaranteed and if so, the level of due
diligence required to enter and conduct negotiations on a term sheet. Information requested in Sections I and
III is required in the format described. For Section II, the Applicant has the option to provide the required
information for each Section II element by submitting existing documentation, such as a credit review
committee underwriting package of the project, that is responsive to the information requested or to provide
a narrative response or some combination for each element.
Applicants should tailor their narrative responses based on their reasonable judgement of the Project
characteristics and responsiveness to the information requested. Applications should avoid duplication of
information and excessive detail to allow LPO to conduct an efficient evaluation of the Part II Application.
LPO will contact the Applicant if there are any questions or if additional information is required. It is
expected that additional detail will be requested in due diligence and LPO will specify those requirements
upon successful completion of the Part II review.
Outline sections that are addressed through supporting documentation should include specific references by
document name, section, and page. Supporting documentation should be provided as PDF or Excel
documents uploaded through the Application Portal.
At any time after delivery of a Part II submission, to the extent that there are any material changes in the
information provided to DOE in such Part II submission, the Applicant must provide timely notification to
DOE after becoming aware of any such change by requesting approval from DOE to update their Part II
submission via the Application Portal.
I.

Project Summary
A. Executive Summary: Provide a description of the nature and scope of the Project, including the
technology, business plan, site, environmental resources affected, purpose, size, capacity, design features,
financing plan, status of major agreements, key metrics, and key milestones. Include target dates for:
1.

financial close of the Loan Guarantee Agreement;

commencement of site preparation and construction;

commercial operation; and

marketing the output.

B. Total Project Costs: Provide an estimate of Project Costs in accordance with generally accepted
accounting principles and practices. Include a breakdown by cost category, year of expenditure and basis
for amounts, and include a description of the methodology and key assumptions used to make each
estimate. Also include costs for escalation and contingencies and indicate whether each cost is firm or
subject to change. Distinguish between eligible and ineligible Project Costs as described in Attachment
F.
23
Attachment B – Part II Submission Instructions

C. Update Part I Information: For information not covered in the Executive Summary above in I.A.1,
update the information in the Part I submission by providing a description of all material changes,
amendments, modifications, and additions to the information provided in Part I of the Application,
including any changes in the Project’s financing structure or other terms, the rationale for such changes
and the expected impact on the Project. Please note that changes to the Part I submission may impact
DOE’s determination of the Project’s eligibility and readiness to proceed.
II.

Project Description
A. Key Contracts and Agreements: Provide key term sheets, contracts, and agreements (whether draft or
signed) relevant to the design, engineering, construction, startup commissioning, shakedown, operations
and maintenance of the Project, and Project sales, including, as applicable:
1.

EPC contract(s);

Long-term contracts for materials, components and equipment to be used in the Project;

Any leases, operating, or maintenance contracts;

Sales, distribution, or off-take contracts; and

Any additional relevant contracts or commitments.

If copies of terms sheets, or draft or completed contracts and agreements are unavailable, provide a brief
description of the planned contracts and agreements that includes counterparties and, as applicable, target
cost and performance milestones, performance guarantees, performance bonds or other credit support,
liquidated damages provisions, and equipment warranties to the extent defined, along with the expected date
when documentation will be available.
B. Technical Information
1.

Site Description: Describe the Project site and rights-of-way, easements, and logistical
considerations (e.g., roads, water, highway, and rail). Provide the status and milestones for site
access and, as appropriate, purchase or lease terms, zoning approvals or operating restrictions.
Provide a description of required improvements for the Project (e.g., utility access).

Project Construction Plan: Provide a description of each of the following:
a) Description of prior successful implementation of similar project plans for projects of this scale
by the Project Sponsors. Applicants that are not able to include examples of successful
implementation of similar project plans for projects of this scale should provide a description
of the prior and related experience that they believe are sufficient to demonstrate to DOE that
the Project Sponsors have the expertise that would be evidenced in examples of successful
implementation of similar project plans for projects of this scale;
b) Description of each step of the proposed project processes;
c) Fully sourced or cited material and energy balance, including system simulation for processes,
using industry standard software;
d) Unique equipment requirements;
e) Rights or licenses necessary to use processes proposed and acquisition status;
f) An integrated schedule or Project work plan that encompasses time periods for design,
procurement (including long-lead procurements), construction (including mobilization, testing,
and start-up), and commissioning. The schedule should identify any Project external
dependencies such as regulatory approvals or scheduling (e.g., interconnection), land-use
agreements, environmental permits, licenses, or site improvements (e.g., utility service).
Attachment B – Part II Submission Instructions

g) Project cost analysis including analysis based on minimum design specifications coupled to
process flow diagrams and cost estimates.
h) Project management plan and use of tools, such as Gantt charts, Monte-Carlo and other
variance analysis, resource-based scheduling or other methods to assess and track progress;
i)

Staffing plans, including identification of costs and resources to design, engineer, and construct
the Project;

Project risks and mitigation strategies, including risk related to construction cost and schedule,
scale-up and commissioning, procurement, etc. and the potential Project impact and mitigation
of such risks.

k) Contingency plans to address cost overruns and schedule slippage.
3.

Operating and Maintenance Plan: Provide the following:
a) The plan for plant operations, proposed providers, expected staffing requirements, anticipated
parts inventory and acquisition plans, major maintenance schedules and procedures, estimated
annual downtime and any performance guarantees and related liquidated damages provisions;
b) The plans for commissioning and initial operations (taking into account the construction
schedule, the establishment of material supply chains, the hiring and training of management
and operating personnel, logistics, potential bottlenecks, and delays, financing for
contingencies and working capital) and information concerning the management experience of
each officer or key person associated with the Project;
c) Any plans for expanding capacity over initial operations and the Project Sponsor’s experience
with comparable ramp-ups.

Decommissioning Plan: Provide a description of the Project decommissioning, deconstruction,
and disposal plans (including any hazardous waste disposal plans), including anticipated costs and
arrangements that have been made to ensure that funding will be available, as necessary.

Engineer’s Report: Provide an independent engineer’s report that includes a review, evaluation,
analysis, and recommendations in the following areas:
a) base technology readiness for deployment, including previous commercial or pre-commercial
demonstration,
b) engineering and design approach;
c) integrated Project schedule, including the schedule for completion;
d) cost estimates and technical input to the financial model;
e) contractual requirements and arrangements;
f) proposed supply chain;
g) Project construction and operating risks, including mitigation activities and milestones;
h) direct labor requirements during construction and operation;
i)

siting and permitting;

testing and commissioning;

k) operation and maintenance; and
l)

decommissioning plan and costs.

C. Legal and Regulatory Information
Attachment B – Part II Submission Instructions

Permits and Approvals: Provide a list and status of federal, state, and local permits, licenses, and
approvals required to site, construct, implement, and operate the Project, including environmental
authorizations or reviews necessary to commence construction.

Background and Legal Structure:
a) Provide a current Project organizational chart, with any updates from the Part I submission,
showing the Borrower’s relationship to each Project Sponsor, the Project, and to any
subsidiaries or affiliates. Include the legal structure (e.g., corporation, partnership, or LLC) of
each entity listed in the organizational chart. Include a short narrative description of the chart
indicating the status and plans, if any, to create any entity.
b) Include copies of the organizational documents of the Borrower, and each Project Sponsor
(such as certificates of incorporation and bylaws) and copies of the good standing certificates
for each such entity.
c) Provide copies of any legal opinions and other legal reports, analyses, and reviews related to
the Project that have been delivered prior to the submission of any part of the Application.

Litigation and/or Conflicts: Disclose any current, threatened (in writing), or pending litigation
involving the Borrower, a Project Sponsor, or, to the Applicant’s knowledge, any other relevant
party, related to permitting, public involvement, environmental issues, construction defects, fraud,
securities fraud, conflict of interest, failure to perform under a local, state or federal contract, or
other charges which may reflect on the Borrower’s, or any Project Sponsor’s reputation, financial
position or ability to complete the Project.

D. Business Plan
Provide a business plan that demonstrates the Project Sponsors’ expertise, financial strength, and management
capability to undertake and operate the Project as proposed.
1.

Output: Provide a description of the Project’s output in terms of product or a service, and any
unique features of its business model.

Market Analysis: If available, provide a market study/report for the Project’s output from an
independent consultant. If such study/report is unavailable, provide the following:
a) An analysis of the current and projected market for the Project’s output. Discuss the prevailing
economic and demographic trends in the target market, both on a macroeconomic basis and for
the Project’s output. Identify the market’s dependency on tax benefits or other government
policy. Provide a justification for revenue projections (price and volume) and costs. Describe
the Project’s projected customer base.
b) Describe the current and potential competitors for the Project’s output.
c) Provide a description of any competitive advantages.
d) Provide an analysis of the operating and market-related risks associated with the Project (e.g.,
market factors, price volatility, etc.) and mitigation strategies to be employed (e.g., sales
contracts and reserves).

Marketing and Sales Plan:
a) For signed or draft contracts provided in II.A, provide an analysis of the creditworthiness of
counterparties who are, or are expected to be, party to such agreements if not included in the
independent market study/report.
b) To the extent that the Project’s output is not contracted, provide, as appropriate, a plan and
status to identify and capture customer sales opportunities, including geographic and segment
Attachment B – Part II Submission Instructions

targeting, use of focus groups or other approach to determine customer preferences, market
demonstrations and sampling plans, customer purchase qualification processes, use of sales
and distribution channel partners or direct sales, and advertising, warranties and discounting
related to the revenues to be generated;
c)
4.

Provide, as appropriate, the plan for marketing and sales staffing, including communications,
inside and outside sales, account management, and after-sales service.

Feedstock Supply Plan: If not covered separately in Section II.B.3, Operations and Maintenance
Plan:
a) Provide the Project’s forecast for feedstock (availability and costs) and sales capacity;
b) Provide an analysis of the market for the Project’s feedstock, identifying any expected market
supply risks or shortages;
c) Provide a description of the Project’s plans for ensuring an adequate supply of key or unique
materials, equipment, and components as needed for successful operation. Provide drafts or
executed copies of all material supply contracts for the Project or other risk management
strategy such as futures contracts; and
d) Provide an analysis of the creditworthiness of counterparties who are party to supply
agreements if not included in the independent market study/report.

Insurance Coverage: Provide a description of the proposed insurance coverage for the Project,
together with a report from an insurance consultant that addresses the appropriateness and adequacy
of such coverage.

Jobs Created/Retained: Provide a brief description of the number and types of jobs expected to
be created or retained in the United States if the Project were to proceed as proposed in the
Application. The types of jobs may be expressed using job titles, broad labor categories, or the
Applicant’s existing practice for describing jobs provided that the descriptions so provided are
commercially identifiable. The number of jobs shall be expressed as full-time equivalent,
calculated cumulatively as all hours worked divided by the total number of hours in a full-time
schedule, as defined by the Applicant. Applicants should include in their narrative the information
used to calculate the full-time equivalent figure.

E. Financial Plan
1.

Financial Statements: Provide unaudited financial statements for the Applicant or majority
Sponsor for the three immediately preceding fiscal years (or since inception if the Applicant or
majority Sponsor has not been in existence for at least three years), prepared in accordance with
generally accepted accounting principles in the United States (“U.S. GAAP”). Include all
associated notes and describe business and financial interests of controlling or commonly
controlled organization or persons, including parent companies, subsidiaries, and other affiliated
entities or partners of the Applicant or Sponsors.

Project Financial Model and Analysis:
a) Provide a working financial model (with formulas) with pro-forma financial statements for the
Project. List the major assumptions in a separate worksheet within the model.
(i) Include assumptions and calculations broken down monthly through the Commercial
Operating Date (COD) plus two (2) years and quarterly for the balance of the proposed
tenor of the Guaranteed Obligation, plus two (2) years.
(ii) Include detailed linked income statements, balance sheets, cash flow statements, and
waterfall statements, with the ability to vary Project debt levels.
Attachment B – Part II Submission Instructions

(iii)Include financial ratios (e.g., interest coverage ratios, fixed charge coverage ratios, debtto-capital ratios, asset coverage ratios, and working capital ratios (including high and low
points)) and other relevant terms in the proposed term sheet. Highlight those periods during
construction and operation in which non-compliance with the proposed financial ratios is
most likely.
(iv) Include sensitivity analyses that demonstrate the Project’s performance under appropriate
stress scenarios, including low sales prices, reduced Project performance, loss of major
customers, high input material prices, and the impact of future competing technologies.
(v) Include cost assumptions based on compliance with the Davis-Bacon Act and the Cargo
Preference Act, as applicable.
(vi) Include a complete description of the operational and financial assumptions and
methodologies incorporated in the financial model.
b) The financial analysis should demonstrate that there is reasonable prospect that the Applicant
will be able to repay the principal and interest on the Guaranteed Obligation and any other
Project debt incurred. Discuss the principal factors that could impair the Applicant’s ability to
meet its debt service obligations, including the Guaranteed Obligation.
3.

Financial Plan: Provide a financial plan narrative for the Project, consistent with U.S. GAAP.
a) List all proposed sources of expected equity and debt funding by provider, type, and aggregate
amount, and, to the extent available, provide copies of all material agreements, whether entered
into or proposed, relevant to the investment and financing of the Project and the financial
closing checklists for each financing.
b) Describe uses, timing, and amount of expected equity and debt funding.
c) For each party associated with the Project, provide a description of their projected liabilities
over the term of the Loan Guarantee Agreement.
d) Include a summary of any funding intended to be procured through the use of special purpose
entities. Summarize each tranche of funding (e.g., amount, maturity, amortization schedule,
the proposed loan guarantee percentage, and whether it is a fixed- or floating-rate tranche).
e) Include a summary of any funding that will be tax-advantaged debt to which Section 149(b) of
the Internal Revenue Code may be applicable. Summarize measures that will be taken to avoid
(i) effective subordination of federally guaranteed debt to tax-advantaged debt, (ii) the use of
any federal guarantee as collateral to secure tax-advantaged debt, and (iii) any linkage of
federally guaranteed debt with tax-advantaged debt.
f) Include a schedule indicating all anticipated short-term financing or credit facilities required
for on-going operations of the Project, including all working capital facilities, performance
bonds and similar forms of financing available to or anticipated to be available to the Project.
Describe the nature of the security or collateral that is intended to be made available to secure
working capital and other short-term facilities.

Credit History: Provide the credit history of the Project Sponsors, the Borrower, the offtaker(s),
the feedstock supplier, if applicable, and the EPC contractor. Provide the full name of the entity,
address, and date of organization.

Collateral: Provide a listing, description, and value of all assets associated, or to be associated,
with the Project and any other assets that will serve as collateral for the Guaranteed Obligations,
including any intellectual property necessary for the operation of the Project. Valuations must be
supported by independent, third-party appraisals for existing assets and commercial cost
substantiation for assets to be constructed for the purpose of the Project, and in all cases acceptable
Attachment B – Part II Submission Instructions

to DOE. An appraisal of real property must be performed by a licensed or certified appraiser
consistent with the Uniform Standards of Professional Appraisal Practice promulgated by the
Appraisal Standards Board of the Appraisal Foundation. The appraisal should include information
on the useful life of all physical assets expected to serve as collateral, including a depreciation
schedule (prepared in accordance with U.S. GAAP).

III.

Consideration of Pari-Passu Status: Provide information and financing documents regarding any
existing senior secured debt of any party providing a guarantee or other credit support.

Preliminary Credit Assessment: Provide a preliminary private credit assessment from the
applicant or other financial institution acceptable to DOE indicating the financial strength of the
proposed project in the absence of a DOE loan guarantee. For proposed projects where the
proposed loan guarantee amount exceeds $200 million, DOE may also require a separate
independent preliminary credit assessment from a nationally recognized rating agency for the
proposed project, without assuming a DOE loan guarantee.

Credit Approval and Due Diligence Memoranda: Submit documentary evidence that the
Applicant and other participating financial institutions (if any) have evaluated, and received credit
approval for, the Guaranteed Obligation in accordance with their established internal credit policies
and procedures for comparable senior debt transactions, as if the Guaranteed Obligation were not
partially guaranteed, together with copies of all due diligence memoranda and supporting due
diligence documentation relating to the Project and the proposed financing.

Other Financial Information: Include any other information about the Applicant and any Project
Sponsor that provides a comprehensive summary of the Applicant or Project Sponsor’s business
and financial situation, including specific information relevant to analyzing historical cash flow on
a secular, normalized basis.

Certifications
A. Lobbying, Debarment, and Related Certifications and Assurances: In submitting an Application for
a loan guarantee under TELGP, Lender/Applicants must provide certain certifications and assurances
contained in the form entitled “Certifications for Use with Applications for Department of Energy Loan
Guarantees under the Tribal Energy Loan Guarantee Program” which form may be downloaded from the
Program Website. 14
B. Letter of Certification/Commitment: In order to be considered under this Solicitation, the Part II
Application must include a letter of commitment signed by an authorized representative of the Applicant
in the form provided above in Section VIII. above.

LPO Applicant Certification Form - TELGP

Attachment B – Part II Submission Instructions

ATTACHMENT C – OTHER RELEVANT REGULATIONS

A. National Environment Policy Act (NEPA)
1. Background
All applications for projects pursuant to TELGP are subject to review under the National Environmental
Policy Act (NEPA). The NEPA review process begins once the Applicant has accepted LPO’s invitation into
the continued due diligence phase following the Part II review. DOE evaluates the Project to determine the
appropriate level of NEPA review required, unless a NEPA review is being or has been prepared for the
Project by another federal agency. The Applicant, with DOE oversight, is responsible for providing all
necessary analysis and documentation to comply with NEPA and the applicable implementing regulations in
40 CFR 1500-1508 and 10 CFR 1021. The NEPA review must be completed before a loan guarantee can be
issued.
Additional information on the NEPA process for loan guarantee projects is available on the Program Website
at:
https://www.energy.gov/lpo/title-xvii/title-xvii-environmental-compliance
Once DOE initiates the NEPA review process, Applicants should consult with DOE before commencing any
work on the Project site (beyond preliminary design activities). Such consultation is necessary as certain
actions that could cause adverse environmental impacts or limit the choice of available alternatives for the
Project may not be allowable during the NEPA review process and could result in discontinuing consideration
of an Application or terminating an outstanding Conditional Commitment.
There are three possible levels of NEPA review for an Applicant’s Project:
a. Environmental Impact Statement (EIS): For projects expected to have significant effects on the quality
of the human environment (biological, physical, and socio-cultural resources). An EIS typically requires
a 12–24-month processing time;
b. Environmental Assessment (EA): For projects with the potential to significantly impact biological,
physical, and socio-cultural resources. An EA typically requires 6-9 months to process; and
c. Categorical Exclusion (CX): For projects that meet the conditions for excluding the requirement to
prepare an EA or EIS because prior analysis of similar actions determined such actions will not have
significant impacts (e.g., re-equipping and retooling within existing facilities). A CX typically requires
less time to process than an EA.
Examples of projects normally requiring an EA or an EIS can be found in the DOE NEPA implementing
regulations at 10 CFR 1021, Appendix C and D to Subpart D, respectively. A list of actions potentially
eligible for categorical exclusion to the EA or EIS requirements can be found at 10 CFR 1021 Appendix B to
Subpart D.
2. Information to be Submitted to DOE in an Application
Under Section III.B of this Solicitation, an Application must include a report containing an analysis of the
potential environmental impacts of the Project that will assist DOE in assessing whether the Project will
comply with all applicable environmental requirements and will enable DOE to complete any necessary
reviews under NEPA. Accordingly, each Applicant should submit the following information to assist DOE
in determining the appropriate level of NEPA review, and in preparing an EA or EIS if necessary. For projects
involving multiple sites, the data listed in Sections A-C below should be submitted for each site, as applicable.
Attachment C – Other Relevant Regulations

However, if a NEPA document has already been prepared by a Federal agency, and encompasses the full
scope of the Project contained in the Application, that NEPA document may be submitted in lieu of the
following information:
a) Description of Project Facilities, Site, and Surrounding Area: Describe and, as appropriate, identify
and quantify:
1. A map showing the location of the Project site, and a site layout map showing the Project facilities
and associated infrastructure;
2. Site address, and description of site control and ownership (under Federal, State, Tribal or local
ownership);
3. Purpose of the Project facility and materials produced or services provided;
4. Description of new facilities to be constructed, any modifications of existing facilities, and any new
infrastructure or facilities necessary for the construction or operation of the Project (e.g., access roads,
laydown areas, off-site parking areas, railroad links, docks, water outfalls and intakes, pipelines,
electrical transmission, waste treatment facilities, etc.);
5. Footprint of the new and modified facilities;
6. Adjacent land uses (e.g., industrial, commercial, agricultural, residential, recreational);
7. Areas with special designation both on the Project site and surrounding area, including national
forests, historic or culturally significant sites, wetlands, floodplains, critical habitat for designated
threatened or endangered species or the presence of those species, prime and unique farmland;
8. Extent of necessary ground disturbance for the Project (e.g., site clearing, fill and excavation);
9. Expected Project lifetime, including any planned expansion of initial Project at the proposed site and
to other sites;
10. Existing transportation infrastructure (e.g., rail, waterways, roads) and utility infrastructure (e.g.,
electricity, natural gas, water, and wastewater) that would be utilized by the Project;
11. Ambient air quality; and
12. Near-by human populations and demographics (including minority and low-income and methods
used for identifying those populations).
b) Resource Consumption Rates and Effluent Emissions Streams and Impacts:
1. Present an overall schematic process diagram that identifies all material inputs and outputs;
2. For both construction and operation, describe and, as appropriate, identify and quantify:
a. Material resources to be used, including how they would be transported;
b. Source(s) and rates of water consumption and adequacy of water supply sources;
c. Onsite and offsite emissions and discharges (e.g., air emissions, including carbon dioxide and
criteria pollutants, wastewater effluents and other liquid waste streams; hazardous waste streams,
and odors), including their rate and duration;
d. Onsite and offsite waste treatment and disposal; and
3. Identify a spectrum of scenarios that could result from process upsets, accidents, or human error.
4. Analysis of potential impacts to physical, biological, cultural, and socioeconomic resources from
facility construction and operation, including any mitigating measure(s) to be used or considered to
be used to reduce environmental impacts, or any adverse effects that cannot be avoided.
Attachment C – Other Relevant Regulations

c) Status of other environmental and regulatory reviews: Status reports should include, but not be limited
to:
1. If the Project would require review or permitting by another federal agency or by a state, Tribal,
regional, or local agency, identify the required reviews and permits and the status of each; and
2. If an environmental impact review (e.g., NEPA documentation or agency consultations) has been
prepared (or is in the process of being prepared or is anticipated) for the Project (by another federal
agency or a state agency), provide a summary or copy of the review.
3. Whether a Phase 1 Environmental Site Assessment has been completed, if so, summarize results.
B. Davis-Bacon Requirements
All laborers and mechanics employed by contractors and subcontractors in the performance of construction
work financed in whole or in part by a loan guaranteed under TELGP must be paid wages at rates not less
than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor
in accordance with subchapter IV of chapter 31 of title 40, United States Code (the “Davis-Bacon Act”).
Each Borrower will be required in the Loan Guarantee Agreement to make representations and warranties,
agree to covenants, and satisfy conditions precedent to closing and to each disbursement that, in each case,
relate to its compliance with the Davis-Bacon Act and all applicable Davis-Bacon Act regulations, including
all requirements set forth in 29 CFR Part 5 and the wage determination schedule(s) applicable to the Project.
Borrowers are advised that, in accordance with the Davis-Bacon Act and its implementing regulation at 29
CFR 1.6(g), the Davis-Bacon Act obligations described above for construction work financed in whole or in
part with a TELGP loan guarantee must be complied with beginning with the “construction, prosecution,
completion or repair” (as defined in 29 CFR 5.2(j)) of such Project, regardless of whether the closing of the
DOE loan guarantee has occurred. An exception to the requirement to comply prior to closing of the DOE
loan guarantee is available if the Administrator of the Wage and Hour Division, Employment Standards
Administration, United States Department of Labor (“DOL”) finds that it is necessary and proper in the public
interest to prevent injustice or undue hardship and there is no evidence of intent to apply for federal funding
or assistance prior to the start of construction. Applicants should visit the DOL website at
http://www.dol.gov/whd/govcontracts/dbra.htm and the Program Website for additional guidance regarding
the Davis-Bacon Act and its related acts.
C. Cargo Preference Act of 1954 Requirements
All Projects that receive a loan guarantee under this Solicitation must comply with the Cargo Preference Act
of 195415 , which establishes certain requirements for the use of U.S. flagged vessels in the movement of cargo
in international waters. These requirements may apply to shipments contracted for or made prior to receiving
a loan guarantee. DOE urges Applicants to contact the Maritime Administration directly to ensure that
relevant Project agreements provide for compliance with the Cargo Preference Act.
General information on cargo preference can be found at the Maritime Administration’s web site:
https://www.maritime.dot.gov/ports/cargo-preference/cargo-preference. Questions on cargo preference may
also be addressed by contacting the Maritime Administration’s Office of Cargo Preference and Domestic
Trade at (202) 366-4610 or via email to [email protected] .

46 U.S.C. § 55305.

Attachment C – Other Relevant Regulations

ATTACHMENT D - BURDEN DISCLOSURE STATEMENT

The OMB Control Number for this collection of information is 1910-5134.
This data is being collected to support Applications for loan guarantees from the Department of Energy under
Section 2602(c) of the Energy Policy Act of 1992, as amended. The data you supply will be used for the review of
Applications for loan guarantees under such Act.
Public reporting hour burden for this collection of information is estimated to be 132.5 hours per response, including
the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to Office of the Chief
Information Officer, Enterprise Policy Development & Implementation Office, IM-22, Paperwork Reduction
Project OMB Control Number 1910-5134, U.S. Department of Energy, 1000 Independence Ave SW, Washington,
DC, 20585-1290; and to the Office of Management and Budget, OIRA, Paperwork Reduction Project OMB Control
Number 1910-5134, Washington, DC, 20503.
A three-year extension of the foregoing Office of Management and Budget (“OMB”) control number is pending
with OMB. 87 Fed. Reg. 17077 (March 25, 2022) https://www.federalregister.gov/documents/2022/03/04/202204595/agency-information-collection-extension. Comments may be submitted as described above. While the
extension is pending, LPO is authorized to, and is accepting and evaluating applications without interruption.
Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject
to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork
Reduction Act unless that collection of information displays a currently valid OMB control number. Applying for
benefits under the Act is voluntary, but if you choose to apply, your application must contain the information
described in this Solicitation.
Submission of this data is required to obtain a guarantee of the repayment of principal and interest on loans relating
to Projects that qualify for such guarantees under Section 2602(c) of the Energy Policy Act of 1992, as amended.

Attachment D – Burden Disclosure Statement

ATTACHMENT E – REQUIRED QUALIFICATIONS OF LEAD LENDERS AND HOLDERS

This Attachment E sets out the qualifications required of all financial institutions that intend to qualify as (A)
Holders of Guaranteed Obligations and (B) Lead Lenders in connection with such Guaranteed Obligations. The
qualifications set out herein apply only with respect to those Guaranteed Obligations for which Applications have
been submitted under this specific Solicitation.
A.

Requirements to Qualify as a Holder
Each Holder (as defined in Attachment F), at the time of execution of the Loan Agreement and the Loan
Guarantee Agreement (or at the time it obtains a direct interest therein), shall meet the following
qualifications:
1. Not be debarred or suspended from participation in a Federal government contract (under 48 CFR part
9.4) or participation in a non-procurement activity (under a set of uniform regulations implemented for
numerous agencies, such as DOE, at 2 CFR Part 180);
2. Not be delinquent on any Federal debt or loan;
3. Be legally authorized to enter into loan guarantee transactions authorized by the Act and the
Solicitation; and
4. Be able to demonstrate, or have access to, experience in participating in loans for commercial projects
similar in size and scope to the project under consideration. For this purpose, ‘participating’ means (a)
being a lender in a capacity as a principal with an investment at risk and (b) evaluating such loan
investments primarily with regard to long-term credit risk.

Requirements to Qualify as a Lead Lender
In addition to the requirements for qualifying as a Holder listed in paragraph A above, financial institutions
as described in section II. D that intend to qualify as a Lead Lender, must also provide the following
information.
1. Regulated Lenders - Regulated lending entities identified in this section are eligible to receive a loan
guarantee under this part without further documentation to LPO provided they are subject to supervision
and examination by the applicable agency of the United States or a State or were created specifically
by State statute and operate under the direct supervision of a State government authority. Examples
include: (1) Federal and State chartered banks; (2) Farm Credit Bank of the Federal Land Bank and
other Farm Credit System institutions with direct lending authority to make loans of the type guaranteed
under this part; (3) Bank for Cooperatives; (4) Savings and Loan Associations; (5) Savings banks; (6)
Mortgage companies that are part of a bank-holding company; (7) The National Rural Utilities
Cooperative Finance Corporation; (8) Credit unions; (9) State Bond Banks or State Bond Pools; and
(10) Insurance companies.
2. Non-Regulated Lenders - An Applicant not regulated by a Federal or state financial institution
regulatory agency:
a. Copies of any license, charter, or other evidence of its legal authority to engage in the proposed
loan making and servicing activities.
b. Policies and Procedures - A written summary of its loan origination and servicing policies and
procedures, including:
Attachment E – Required Qualifications of Lead Lenders and Holders

i. Internal credit review process
ii. Underwriting process.
iii. Portfolio management.
iv. Delinquent loan handling.
v. Liquidation process.
vi. Releases.
vii. Termination.
viii. Final loss claims.
ix. Exceptions to loan policies and procedures and other information relevant to TELGP
guaranteed loans.
c. Lending history and experience - The financial institution must submit a description of its
lending history and experience.
i. Evidence of demonstrated expertise in loan origination, making, securing, servicing,
and collecting loans;
ii. Length of time in the commercial lending business;
iii. Its experience with government guaranteed lending, particularly within any of the LPO
programs;
iv. The range and volume of its lending and servicing activity;
v. The current status of its loan portfolio;
vi. Its commercial loan fee structure;
vii. The level of experience of its management, lending, and servicing staff; and
viii. Audited financial statements not more than 1 year old.
d. Evidence showing that it has the necessary capital, resources, and funding capacity to
successfully meet its responsibilities, and satisfy such financial and capital requirements as are
determined by LPO to be required based on the proposed debt structure, including minimum
net worth requirements based on business volume.
e. Documented sources of its funds for funding and closing loans.
Tribes or TEDO’s that are non-financial institutions as described in section II.D must meet paragraphs 1-3
above and other requirements as defined in consultation with LPO.

Attachment E – Required Qualifications of Lead Lenders and Holders

ATTACHMENT F – PROGRAMMATIC REQUIREMENTS

1. Definitions
Act means Section 2602(c) of the Energy Policy Act of 1992, as amended (25 USC Section 3502(c)).
Administrative Cost of Issuing a Loan Guarantee means the total of all administrative expenses that DOE incurs during:
(1)

The evaluation of an Application for a loan guarantee;

(2)

The negotiation and offer of a Term Sheet;

(3)

The negotiation of a Loan Guarantee Agreement and related documents, including the issuance of a Guarantee;
and

(4)

The servicing and monitoring of a Loan Guarantee Agreement, including during the construction, startup,
commissioning, shakedown, and operational phases of an Eligible Project.

Borrower means any Person that is a borrower under a Loan Agreement.
Conditional Commitment means a Term Sheet offered by DOE and accepted by the offeree of the Term Sheet, all in
accordance with Section 4 of this Attachment; and provided, further, that the Secretary may not delegate this authority
to terminate a Conditional Commitment.
Contracting Officer means the Secretary of Energy or a DOE official authorized by the Secretary to enter into, administer
or terminate DOE Loan Guarantee Agreements and related contracts on behalf of DOE.
Credit Subsidy Cost has the same meaning as “cost of a loan guarantee” in section 502(5)(C) of the Federal Credit
Reform Act of 1990, which is the net present value, at the time the Loan Guarantee Agreement is executed, of the
following estimated cash flows, discounted to the point of disbursement:
Davis-Bacon Act means subchapter IV of chapter 31 of title 40, United States Code.
DOE means the United States Department of Energy.
Eligible Borrower has the meaning set forth in Section II.C. of the Solicitation.
Eligible Lender has the meaning set forth in Section II.D. and Attachment E of the Solicitation.
Eligible Project has the meaning set forth in Section II.A of the Solicitation.
Guarantee means the undertaking of the United States of America, acting through the Secretary pursuant to the Act, to
pay in accordance with the terms thereof, principal and interest of a Guaranteed Obligation.
Guaranteed Obligation means any loan or other debt obligation of the Borrower for an Eligible Project for which DOE
guarantees part of the payment of principal and interest under a Loan Guarantee Agreement entered into pursuant to the
Act.
Holder means any Person that holds a promissory note made by the Borrower evidencing the Guaranteed Obligation (or
its designee or agent).
Loan Agreement means a written agreement between a Borrower and an Eligible Lender containing the terms and
conditions under which the Eligible Lender will make a loan or loans to the Borrower for an Eligible Project.
Loan Guarantee Agreement means a written agreement that, when entered into by DOE and an Eligible Lender,
establishes the obligation of DOE to guarantee the payment of a portion of the principal of, and interest on, specified
Guaranteed Obligations, subject to the terms and conditions specified in the Loan Guarantee Agreement.
Master Servicer means an entity engaged by DOE to supervise the loan administration and servicing by Administrative
Agents with respect to their Guaranteed Obligations and such entity shall undertake such duties generally consisting of,
but not limited to:
(i) overseeing the credit administration practices of Administrative Agents to verify their compliance with standard
industry best practice, and, if necessary, leading collection efforts as interim servicer;
(ii) ensuring that Administrative Agent have instituted procedures for tracking and identifying Holders of Guaranteed

Attachment F – Programmatic Requirements

Obligations in accordance with Loan Agreements;
(iii) overseeing the Administrative Agents’ obligations to undertake those actions necessary to perfect and maintain
liens, as applicable, on assets which are pledged as collateral for the Guaranteed Obligations; and
(iv) verifying payment to Holders, of principal and interest on Guaranteed Obligations and, to DOE, of certain fees as
described more fully in Section 9 of this Attachment.
OMB means the Office of Management and Budget in the Executive Office of the President.
Person means any natural person or any legally constituted entity, including a state or local government, tribe,
corporation, company, voluntary association, partnership, limited liability company, joint venture, and trust.
Project Costs mean those costs, including escalation and contingencies, that are to be expended or accrued by a Borrower
and are necessary, reasonable, customary and directly related to the design, engineering, financing, construction, startup,
commissioning and shakedown of an Eligible Project, as specified in Section 8 of this Attachment. Project Costs do not
include costs for the items set forth in Section 8(b) of this Attachment.
Project Sponsor means any Person that assumes substantial responsibility for the development, financing, and structuring
of an Eligible Project and owns or controls, by itself and/or through individuals in common or affiliated business entities,
a five percent or greater interest in the proposed Eligible Project. For the purposes of this definition, a Project Sponsor
can include the Borrower.
Reasonable Prospect of Repayment means that, as determined by the Secretary, the Borrower has a reasonable prospect
of repaying the Guaranteed Obligation and all of its other debt obligations for the Eligible Project, based on a
comprehensive evaluation of, as applicable:
(i) the strength of the contractual terms of the Eligible Project (if commercially reasonably available);
(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by
the Secretary;
(iii) cash sweeps and other structure enhancements;
(iv) the projected financial strength of the Eligible Borrower
(I) at the time of loan close; and
(II) throughout the loan term after the Eligible Project is completed;
(v) the financial strength of the investors and strategic partners of the Eligible Borrower, if applicable; and
(vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized
credit rating agencies, as determined appropriate by the Secretary.
Risk-Based Charge means a charge that, together with the principal and interest on the guaranteed loan, or at such other
times as DOE may determine, is payable on specified dates during the term of a Guaranteed Obligation.
Secretary means the Secretary of Energy or a duly authorized designee or successor in interest.
Term Sheet means a written offer for the issuance of a loan guarantee, executed by the Secretary (or a DOE official
authorized by the Secretary to execute such offer), delivered to the offeree, that sets forth the detailed terms and
conditions under which DOE and the Applicant will execute a Loan Guarantee Agreement.
2. Applications
a) During the Application evaluation process, DOE may request additional information with respect to the proposed project.
b) DOE has no obligation to evaluate an Application that is not complete, and may proceed with such evaluation, or a
partial evaluation, only in its discretion.
c) Upon making a determination to engage independent consultants or outside counsel with respect to an Application, DOE
will proceed to evaluate and process such Application only following execution by the Applicant, Borrower, or Project
Sponsor, as appropriate, of an agreement satisfactory to DOE to pay the fees and expenses charged by the independent
consultants a nd outside legal counsel.
3. Evaluation of applications.

Attachment F – Programmatic Requirements

a) In reviewing completed Applications, and in prioritizing and selecting those as to which a Term Sheet should be
offered, DOE will apply the criteria set forth in the Act, the Solicitation, and this Attachment F. Applications will be
denied if:
(1)

The proposed project is not an Eligible Project;

(2)

The Person proposed to issue the loan or purchase other debt obligations constituting the Guaranteed Obligations
is not an Eligible Lender;

(3)

The Person proposed to be the obligor on the Guaranteed Obligations is not an Eligible Borrower;

(4)

Adequate equity for the proposed project will not be provided by the date of issuance of the Guaranteed
Obligations, or such later time as DOE in its discretion may determine; or

(5)

The proposed project does not present a Reasonable Prospect of Repayment.

b) A determination by DOE not to proceed with a proposed project following evaluation shall be final and non -appealable
but shall not prejudice the Applicant or other affected Persons from applying for a Guarantee in respect of a different
proposed project pursuant to another, separate Application.
4. Term sheets and conditional commitments.
a) DOE, after negotiation of a Term Sheet with an Applicant, may offer such Term Sheet to an Applicant or such other
Person that is acceptable to DOE. DOE’s negotiation of a Term Sheet imposes no obligation on the Secretary to offer a
Term Sheet to the Applicant.
b) If and when the offeree specified in a Term Sheet satisfies all terms and conditions for acceptance of the Term Sheet,
including written acceptance thereof and payment of all fees specified in Section 9 of this Attachment and therein to be
paid at or prior to acceptance of the Term Sheet, the Term Sheet shall become a Conditional Commitment. Each
Conditional Commitment shall include an expiration date no more than two years from the date it is issued, unless
extended in writing in the discretion of the Contracting Officer. When and if all of the terms and conditions specified
in the Conditional Commitment have been met, DOE and the Applicant may enter into a Loan Guarantee Agreement.
c) If, subsequent to execution of a Conditional Commitment, the financing arrangements of the Borrower, or in respect of
an Eligible Project, change from those described in the Conditional Commitment, the Applicant shall promptly provide
updated financing information in writing to DOE. All such updated information shall be deemed to be information
submitted in connection with an Application. Based on such updated information, DOE may take one or more of the
following actions:
(1)

Determine that such changes are not material to the Borrower, the Eligible Project or DOE;

(2)

Amend the Conditional Commitment accordingly;

(3)

Postpone the expected closing date of the associated Loan Guarantee Agreement; or

(4)

Terminate the Conditional Commitment.

5. Closing on the loan guarantee agreement.
a) Subsequent to entering into a Conditional Commitment with an Applicant, DOE, after consultation with the Applicant,
will set a closing date for execution of a Loan Guarantee Agreement.
b) Prior to or on the closing date of a Loan Guarantee Agreement, DOE will ensure that:
(1)

An appropriation for the Credit Subsidy Cost has been made;

(3)

OMB has reviewed and approved DOE's calculation of the Credit Subsidy Cost of the Guarantee;

(4)

The Department of the Treasury has been consulted as to the financial terms and conditions of the Guaranteed
Obligation;

(5)

The Loan Guarantee Agreement and related documents contain all terms and conditions DOE deems reasonable
and necessary to protect the interests of the United States;

(6)

Each holder of the Guaranteed Obligations is an Eligible Lender, and the servicer of the Guaranteed Obligations
meets the servicing performance requirements of Section 7 of this Attachment; and

(7)

All conditions precedent specified in the Conditional Commitment are either satisfied or waived by the

Attachment F – Programmatic Requirements

Contracting Officer and all other applicable contractual, statutory, and regulatory requirements have been satisfied
or waived by the Contracting Officer. If the counterparty to the Conditional Commitment has not satisfied all
such terms and conditions on or prior to the closing date of the Loan Guarantee Agreement, the Secretary may,
in his discretion, set a new closing date, or terminate the Conditional Commitment.
6. Loan guarantee agreement.
a) Only a Loan Guarantee Agreement executed by the Contracting Officer can obligate DOE to issue a Guarantee in respect
of Guaranteed Obligations.
b) DOE is not bound by oral representations.
c) Each Loan Guarantee Agreement (or related agreements) shall contain the following requirements and conditions, and
shall not be executed until the Contracting Officer determines that the following requirements and conditions are
satisfied:
(1)

The Borrower shall be obligated to make full repayment of the principal and interest on the Guaranteed
Obligations and other debt of a Borrower over a period of up to the lesser of 30 years or 90 percent of the projected
useful life of the Eligible Project's major physical assets, as calculated in accordance with U.S. generally accepted
accounting principles and practices. The non-guaranteed portion (if any) of any Guaranteed Obligations must be
repaid pro rata, and on the same amortization schedule, with the guaranteed portion.

(2)

The loan guarantee does not finance, either directly or indirectly tax-exempt debt obligations, consistent with the
requirements of section 149(b) of the Internal Revenue Code;

(3)

The principal amount of the Guaranteed Obligations, when combined with funds from other sources committed
and available to the Borrower, shall be sufficient to pay for expected Project Costs (including adequate
contingency amounts), the applicable items specified in Section 8(b) of this Attachment, and otherwise to carry
out the Eligible Project;

(4)

There shall be a Reasonable Prospect of Repayment by the Borrower of the principal of and inte rest on the
Guaranteed Obligations and all of its other debt obligations;

(5)

The Borrower shall pledge collateral or surety determined by DOE to be necessary to secure the repayment of the
Guaranteed Obligations. Such collateral or security may include Eligible Project assets and assets not related to
the Eligible Project;

(6)

The Loan Guarantee Agreement and related documents shall include detailed terms and conditions that DOE
deems necessary and appropriate to protect the interests of the United States in the case of default, including
ensuring availability of all relevant intellectual property rights, technical data including software, and technology
necessary for DOE or any Person selected by DOE, to complete, operate, convey, and dispose of the defaulted
Borrower or the Eligible Project;

(7)

The Guaranteed Obligations, including any reorganization, restructuring, or termination thereof, shall not at any
time be subordinate to other financing;

(8)

There is satisfactory evidence that the Borrower will diligently pursue the Eligible Project and is willing,
competent, and capable of performing its obligations under the Loan Guarantee Agreement and the loan
documentation relating to its other debt obligations;

(9)

The Guaranteed Obligation shall bear interest at a rate at a rate that does not exceed a level that the Secretary
determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans
and risks;

(10) The Borrower, any Eligible Lender, and each other relevant party shall take, and be obligated to continue to take,
those actions necessary to perfect and maintain liens on collateral in respect of the Guaranteed Obligations;
(11) DOE or its representatives shall have access to the offices of the Borrower, any Eligible Lender, and the Eligible
Project site at all reasonable times to satisfy audit requirements imposed on DOE by 42 U.S.C. 16512(i) or
otherwise;
(12) DOE and Borrower have reached an agreement regarding the information that will be made available to DOE and
the information that will be made publicly available;
(13) The Borrower shall have filed applications for or obtained any required regulatory approvals for the Eligible

Attachment F – Programmatic Requirements

Project and is in compliance, or promptly will be in compliance, where appropriate, with all Federal, state, and
local regulatory requirements;
(14) The Borrower shall have no delinquent Federal debt;
(15) The Project Sponsors have made or will make a significant equity investment in the Borrower or the Eligible
Project, and will maintain control of the Borrower or the Eligible Project as agreed in the Loan Guarantee
Agreement;
(16) In the event of a default by the Borrower16:
(i) Interest on the Guaranteed Obligations shall accrue at the rate stated in the Loan Guarantee Agreement or the
Loan Agreement, until DOE makes full payment of the defaulted Guaranteed Obligations and DOE shall not be
required to pay any premium, default penalties, or prepayment penalties; and
(ii) The holder of collateral pledged in respect of the Guaranteed Obligations shall be obligated to take such
actions as DOE may reasonably require to provide for the care, preservation, protection, and maintenance of such
collateral so as to enable the United States to achieve maximum recovery.
(17) The Guarantee shall not exceed an amount equal to 80 percent of the Project Costs as estimated at the time at
which the Guarantee is issued.
(18) An Eligible Lender or other Holder may sell, assign, or transfer a Guaranteed Obligation to another Eligible
Lender that meets the requirements of this Solicitation. Such latter Eligible Lender shall be required to assume
all servicing, monitoring, and reporting requirements as provided in the Loan Guarantee Agreement. Any transfer
of the servicing, monitoring, and reporting functions shall be subject to the prior written approval of DOE.
(19) The Secretary, or the Secretary's designee or contractual agent, for the purpose of identifying Holders with the
right to receive payment under the Guaranteed Obligations, shall include in the Loan Guarantee Agreement or
related documents a procedure for tracking and identifying Holders of Guaranteed Ob ligations. Any contractual
agent approved by the Secretary to perform this function may transfer or assign this responsibility only with the
Secretary’s prior written approval.
(20) Each Loan Guarantee Agreement shall require the Borrower to make representations and warranties, agree to
covenants, and satisfy conditions precedent to closing and to each disbursement that, in each case, relate to its
compliance with the Davis-Bacon Act and the Cargo Preference Act.
(21) The Applicant, the Borrower or the Project Sponsor must estimate, calculate, record, and provide to DOE any
time DOE requests such information and at the times provided in the Loan Guarantee Agreement all costs incurred
in the design, engineering, financing, construction, startup, commissioning, and shakedown of the Eligible Project
in accordance with generally accepted accounting principles and practices.
(22) The Loan Guarantee Agreement and related agreements shall include, without limitation, such other terms and
conditions as DOE deems necessary or appropriate to protect the interests of the United States, including, without
limitation, terms and conditions that are usual and customary for financings of this kind by U.S. Government or
other public lending institutions or otherwise deemed appropriate by DOE after the completion of its due diligence
review and underwriting and credit analysis of the project and proposed financing.
7. Lender servicing requirements.
a) When reviewing and evaluating a proposed Eligible Project, all Eligible Lenders shall at all times exercise the level of
care and diligence that a reasonable and prudent lender would exercise when reviewing, evaluating and disbursing a loan
made by it without a Federal guarantee.
b) Loan servicing duties shall be performed by the Lead Lender in its capacity as Administrative Agent. When performing
its servicing duties, the loan servicer shall at all times exercise the level of care and diligence that a reasonable and
prudent lender would exercise when servicing a loan made without a Federal guarantee, including:
(1)

During the construction period, monitoring the satisfaction of all of the conditions precedent to all loan

For the avoidance of doubt, the provisions of 42 USC 16512(g) and 10 CFR Sections 609.13 and 609. 14 will apply in the case of default.

Attachment F – Programmatic Requirements

disbursements, as provided in the Loan Guarantee Agreement, Loan Agreement or related documents;
(2)

During the operational phase, monitoring and servicing the Guaranteed Obligations and collection of the
outstanding principal and accrued interest as well as undertaking to ensure that the collateral package securing
the Guaranteed Obligations remains uncompromised; and

(3)

Until the Guaranteed Obligation has been repaid, providing annual or more frequent financial and other reports
on the status and condition of the Guaranteed Obligations and the Eligible Project, and promptly notifying DOE
if it becomes aware of any problems or irregularities concerning the Eligible Project or the ability of the Borrower
to make payment on the Guaranteed Obligations or its other debt obligations.

c) Even though DOE may rely on the Administrative Agents to service and monitor the Guaranteed Obligations, DOE may
also conduct its own independent monitoring and review of the Eligible Projects, including periodic detailed examination
of individual loans and their financial and operational aspects as they are serviced and represented to DOE by
Administrative Agents. Once LPO closes a loan guarantee, projects are monitored and evaluated throughout project
development, construction, commissioning, and operation until the loan has been repaid in full, protecting taxpayer
interests. LPO will monitor the borrowers and the Administrative Agents according to the conditions and requirements
specified in the loan documents. Each Loan Agreement will specify DOE’s voting and control rights, including rights
to approve amendments and waivers and, in the case of default, rights to accelerate the Guaranteed Obligation and
exercise remedies. Each Loan Agreement will also specify reporting requirements, which may include audited financial
statements, updated budget and cashflow projections, audit reports, sources and uses of funds, coverage ratios, project
schedules, operating statistics, and management updates. LPO’s oversight and monitoring may also include periodic
status meetings with the borrowers, reviews by the independent engineers (if applicable) an d/or other relevant reports,
and site visits.
d) DOE will appoint a Master Servicer with respect to the oversight of the loan administration and servicing of Guaranteed
Obligations by the Administrative Agents, and the loan documents will contain such requirements and terms relating to
the Master Servicer as deemed necessary or appropriate by DOE.
8. Project costs.
a) Project Costs include:
(1)

Costs of acquisition, lease, or rental of real property, including engineering fees, surveys, title insurance, recording
fees, and legal fees incurred in connection with land acquisition, lease or rental, site improvements, site
restoration, access roads, and fencing;

(2)

Costs of engineering, architectural, legal and bond fees, and insurance paid in connection with construction of the
facility;

(3)

Costs of equipment purchases, including a reasonable reserve of spare parts to the extent required;

(4)

Costs to provide facilities and services related to safety and environmental protection;

(5)

Costs of financial, legal, and other professional services, including services necessary to obtain required licenses
and permits and to prepare environmental reports and data;

(6)

Costs of issuing Eligible Project debt, such as fees, transaction, and costs referred to in paragraph (a)(5) of this
section, and other customary charges imposed by Eligible Lenders;

(7)

Costs of necessary and appropriate insurance and bonds of all types including letters of credit and any collateral
required therefore;

(8)

Costs of design, engineering, startup, commissioning and shakedown;

(9)

Costs of obtaining licenses to intellectual property necessary to design, construct, and operate the Eligible Project;

(10) To the extent required by the Loan Guarantee Agreement and not intended or available for any cost referred to in
paragraph (b) of this section, costs of funding any reserve fund, including without limitation, a debt service
reserve, a maintenance reserve, and a contingency reserve for cost overruns during construction; provided that
proceeds of a Guaranteed Loan deposited to any reserve fund shall not be removed from such fund except to pay
Project Costs, to pay principal of the Guaranteed Loan, or otherwise to be used as provided in the Loan Guarantee
Agreement;
(11) Capitalized interest necessary to meet market requirements and other carrying costs during construction; and

Attachment F – Programmatic Requirements

(12) Other necessary and reasonable costs.
b) Project Costs do not include:
(1)

Fees and commissions charged to Borrower, including finder's fees, for obtaining Federal or other funds;

(2)

Parent corporation or other affiliated entity's general and administrative expenses, and non-Eligible Project related
parent corporation or affiliated entity assessments, including organizational expenses;

(3)

Goodwill, franchise, trade, or brand name costs;

(4)

Dividends and profit sharing to stockholders, employees, and officers;

(5)

Research, development, and demonstration costs of readying an innovative technology for employment in a
commercial project;

(6)

Costs that are excessive or are not directly required to carry out the Eligible Project, as determined by DOE;

(7)

Expenses incurred after startup, commissioning, and shakedown of the facility, or, in DOE’s discretion, any
portion of the facility that has completed startup, commissioning, and shakedown;

(8)

the Administrative Cost of Issuing a Loan Guarantee and any other f ee collected by DOE; and

(9)

Operating costs.

9. Fees and charges.
a) In order to encourage and supplement private lending activity DOE may collect from Borrowers for deposit in the United
States Treasury a non-refundable Risk-Based Charge which, together with the interest rate on the Guaranteed Obligation
that LPO determines to be appropriate, will take into account the prevailing rate of interest in the private sector for
similar loans and risks. The Risk-Based Charge shall be paid at such times and in such m anner as may be determined
by DOE, but no less frequently than once each year, commencing with payment of a pro -rated payment on the date the
Guarantee is issued. The amount of the Risk-Based Charge will be specified in the Loan Guarantee Agreement.
b) In the event a Borrower or an Eligible Project experiences difficulty relating to technical, financial, or legal matters or
other events (e.g., engineering failure or financial workouts), the Borrower shall be liable for all fees and expenses of
DOE’s independent consultants and outside counsel, to the extent that such fees and expenses are elected to be paid by
DOE notwithstanding the provisions of paragraphs (c) and (d) of this section.
c) Each Applicant, Borrower or Project Sponsor, as applicable, shall be responsible for the payment of all fees and expenses
charged by DOE’s independent consultants and outside legal counsel in connection with an Application, Conditional
Commitment or Loan Guarantee Agreement, as applicable. Upon making a determination to engage independent
consultants or outside counsel with respect to an Application, DOE will proceed to evaluate and process such Application
only following execution by an Applicant, Borrower or Project Sponsor, as appropriate, of an agreement satisfactory to
DOE to pay the fees and expenses charged by and directly to the independent consultants and outside legal counsel and
which shall not constitute the administrative expenses of DOE. Appropriate provisions regarding payment of such fees
and expenses shall also be included in each Term Sheet and Loan Guarantee Agreement or, upon a determination by
DOE, in other appropriate agreements.
d) Notwithstanding payment by Applicant, Borrower or Project Sponsor, all services rendered by an independent consultant
or outside legal counsel to DOE in connection with an Application, Conditional Commitment or Loan Guarantee
Agreement shall be solely for the benefit of DOE (and such other creditors as DOE may agree in writing). DOE may
require, in its discretion, the payment of an advance retainer to such independent consultants or outside legal counsel as
security for the collection of the fees and expenses charged by the independent consultants and outside legal counsel. In
the event an Applicant, Borrower or Project Sponsor fails to comply with the provisions of such payment agreement,
DOE in its discretion, may stop work on or terminate an Application, a Conditional Commitment, or a Loan Guarantee
Agreement, or may take such other remedial measures in its discretion as it deems appropriate.
e) DOE shall not be financially liable under any circumstances to any independent consultant or outside counsel for services
rendered in connection with an Application, Conditional Commitment or Loan Guarantee Agreement except to the extent
DOE has previously entered into an express written agreement to pay for such services.
f)

Borrowers shall be responsible under all circumstances for paying the fees and expenses of DOE’s Master Servicer that
are incurred in connection with their specific projects, without recourse to DOE by any party, including the Borrower,
the Master Servicer, and any Administrative Agent. Payment for such services is expected to be collected by an

Attachment F – Programmatic Requirements

Administrative Agent from its Borrower and remitted to the Master Servicer on a quarterly basis pursuant to an
agreement to be entered into at closing between the Borrower and the Master Servicer. In addition, the Master Servicer
shall be entitled to payment by the Borrower to the extent the project experiences technical, financial, legal, or other
events (e.g., engineering failure or financial workouts) that require time or expenses beyond standard monitoring.

Attachment F – Programmatic Requirements

ATTACHMENT G – ELIGIBILITY REFERENCE

The following chart summarizes the eligibility of projects under certain ownership structures, with reference to both
the ownership of the entity acting as the Borrower under the guaranteed loan and the ownership of the project to be
financed under the guaranteed loan. This chart is included for the purposes of illustrating the potential application
of the eligibility requirements set forth in Solicitation Sections II A, B, and C only. All other requirements set forth
in this Solicitation must be satisfied in order to ensure eligibility. As such, this chart is indicative only and eligibility
will be determined by DOE on a fact-specific case-by-case basis.

Case Borrower 17

Ownership of Project

Development of Meeting the Eligible
Indian
Energy Borrower and Eligible
18
Resources
Project Requirements

An Eligible Tribe or a 100% owned by the Yes
wholly tribally owned Borrower
TEDO (i.e., a clause
(A) TEDO)

Eligible

An Eligible Tribe or a Substantially but less Yes
wholly tribally owned than wholly owned by
TEDO
the Borrower

Eligible

An Eligible Tribe or a 100% owned by the No
wholly tribally owned Borrower
TEDO

Needs to show other
measurable benefit to
the tribe to be eligible

An Eligible Tribe or a Substantially but less No
wholly tribally owned than wholly owned by
TEDO
the Borrower

Needs to show other
measurable benefit to
the tribe to be eligible

A partially tribally 100% owned by the Yes
owned TEDO (i.e., a Borrower
clause (B) TEDO)

Eligible

A partially tribally Substantially but less Yes
owned TEDO (i.e., a than wholly owned by
clause (B) TEDO)
the Borrower

May need to show other
measurable benefit to
the tribe if the tribal
ownership of the TEDO
is not substantial

A partially tribally 100% owned by the No
owned TEDO (i.e., a

Not Eligible

See pages 6-7 of the Solicitation for full definitions of Eligible Tribe and TEDO.

For purposes of this Solicitation, a project located on Indian lands, providing energy services to Indian lands, or integrating with Indian energy
resources would satisfy this condition.

Attachment G – Eligibility Reference

Case Borrower 17

clause (B) TEDO)
H

Ownership of Project

Development of Meeting the Eligible
Indian
Energy Borrower and Eligible
Resources18
Project Requirements

Borrower

A partially tribally Substantially but less No
owned TEDO (i.e., a than wholly owned by
clause (B) TEDO)
the Borrower

Attachment G – Eligibility Reference

Not Eligible

ATTACHMENT H – REFERENCES

A. The Program Website is located at https://www.energy.gov/lpo/tribal-energy-loan-guarantee-program. Statutes
and regulations for which a link is not provided below may be found at the Program Website.
B. This Solicitation was developed pursuant to the following statutes and regulations:
1.

Section 2602(c) of the Energy Policy Act of 1992, as amended

2. 42 U.S.C. Section 16512 and related provisions of 10 CFR Part 609.
3. Consolidated Appropriations Act, 2017, P.L. 115-31 (E:\PUBLAW\PUBL031.115 (govinfo.gov))
4. Davis-Bacon Act and related acts located at http://www.dol.gov/whd/govcontracts/dbra.htm
5. OMB Circulars No. A-11 and A-129, https://obamawhitehouse.archives.gov/omb/circulars_default
6. Council for Environmental Quality (CEQ) Regulations at 40 CFR parts 1500-1508 located at:
https://ceq.doe.gov/laws-regulations/regulations.html
7. Department of Energy National Environmental Policy Act Implementing Procedures at 10 CFR Part 1021
located at: eCFR :: 10 CFR Part 1021 -- National Environmental Policy Act Implementing Procedures
8. Freedom of Information Act, 5 U.S.C.§552; located at http://www.foia.gov/index.html

Attachment H – Reference

File Type	application/pdf
Author	Lushetsky, John
File Modified	2022-05-25
File Created	2022-05-25