(d) the opportunities to induce non-Federal support of the undertaking through regulatory actions, end-use controls, tax and price incentives, public education, or other alternatives to direct Federal financial assistance are limited;

(e) the degree of risk of loss of investment inherent in the research is high, and the availability of risk capital to the nonFederal entities which might otherwise engage in the field of the research is inadequate for the timely development of the technology;

(f) the magnitude of the investment appears to exceed the financial capabilities of potential non-Federal participants in the search to support effective efforts;

re

(g) the research, development, and application objectives anticipated by the activities or facilities proposed;

(h)

the economic, environmental, and societal significance which a successful demonstration may have for the national fuels and energy system; and,

(i) the availability of non-Federal participants to construct and operate the facilities or perform the activities associated with the proposal and to contribute to the financing of the proposal.

$9-4.5702-4

Information to be included in
program opportunity notices.

Each program opportunity notice shall include:

(a) the goal of the intended demonstration effort;

(b) a time schedule for submission of, and action on, proposals:

(c) evaluation criteria, including an indication, when determined practicable to do so, of the approximate cost and time duration contemplated for individual projects resulting from the notice;

(d) program policy factors;

(e) an indication that additional information, consistent with the overall concepts and approaches developed in the proposal, may be required regarding the statement of work and the proposed budget (e.g., a notice that a detailed cost breakdown may be required from the proposers being considered);

(f) such other information, terms, or conditions that shall apply to the particular program opportunity notices;

(g) place for and manner of submission; and,

(h)

a late proposal provision (see FPR 1-3.802-1).

$9-4.5702-5

Information to be provided in proposals offered
pursuant to program opportunity notices.

All proposals should be specific and, as a minimum, include the information set forth below:

(a) name and address of the entity(ies) submitting the proposal;

(c) type of entity(ies) (public, including state and local governments, and private, including profit and nonprofit organizations and educational institutions);

(d) concise title and abstract of the proposed demonstration project for which assistance or participation is being sought;

(e) an outline and discussion of the proposed demonstration which shall, if applicable and to the extent possible, specifically address and reference the evaluation criteria and include:

(1) specification of the technology;

(2) proposed statement of work to be performed;

(3) description of prior pilot plant operating experience with the technology;

(4) preliminary design of the demonstration plant;

(5) time tables containing proposed construction or fabrication and installation and operation plans;

(6) budget-type estimates of construction or fabrication and operating costs;

(7) description and proof of title to land for proposed site, natural resources, electricity and water supply, and logistical information related to access to raw materials to construct and operate the plant and dispose of salable products from the plant;

(8) assessment of the environmental impact of the proposed plant and plans for disposal of wastes resulting from the operation of the plant;

(9) plans for commercial use of the technology if the demonstration is successful;

(10) plans for continued use of the plant if the demonstration is successful;

(11) plans for dismantling of the plant if the demonstration is unsuccessful or otherwise abandoned;

sought;

(12) form and amount of assistance or participation being

(13) form and amount of funding, or other contribution to be provided by the proposer, including proposed disposition of revenues generated; and,

(14) the extent to which the proposed expenditures would constitute permanent (non-severable) improvement to property now owned by the Goverment; and proposed plans for the disposal (through acquisition by the offeror or otherwise) of any such improvements.

The information called for under this section relates primarily to a demonstration project involving the construction and operation of a "plant." In instances where the proposed project concerns a demonstration that does not involve a piant (for example, the demonstration of a process, apparatus, or device), the program opportunity notice shall state what additional information is to be submitted with the proposal;

(f)

names of the key personnel to be involved, brief biographical information, including relevant experience;

(h) period for which proposal is valid;

(i) names and telephone numbers of proposer's primary business and technical personnel who ERDA may contact during evaluation or negotiation;

(j) each proposal containing technical data or proprietary or business confidential information, which the proposer intends to be used by ERDA for evaluation purposes only, should be marked on the cover sheet with the legend prescribed in §9-3.150-4; and

(k) signature and title of an official of the proposing organization authorized to contractually obligate such organization.

$9-4.5703

$9-4.5703-1

Assistance and participation.

Forms of assistance and participation.

In providing for demonstration, ERDA may utilize various forms of Federal assistance and participation. These include but are not limited to:

(e) joint Federal-industry demonstration corporation;

(f)

federal purchase(s) or guaranteed price of the products of the demonstration project; and

(g) cooperative agreements.

A program opportunity notice may highlight a particular form(s) of assistance or participation deemed most suitable to a proposed demonstration or, when justified, limit consideration of assistance or participation to a particular form(s).

$9-4.5703-2 Cost participation

The provisions contained in Subpart 9-4.59 outlining ERDA's cost participation policy shall apply to proposals hereunder.

$9-4.5704 Method and criteria for evaluation and selection.

(a) General policy.

(1)

Information contained in proposals offered in response to PONs shall be handled in accordance with the policies and procedures set forth in §9-3.150 pertaining to the marking and handling of proprietary data and privileged business information.

(2) Late proposals, modifications of proposals, and withdrawals of proposals shall be handled in accordance with FPR 1-3.802-1.

(1) When any individual proposal, together with later phases

of the same project, is estimated to meet the SEB dollar threshold, comprehensive evaluation shall be conducted by a specially constituted board which shall follow procedures and documentation requirements of the SEB Handbook modified as appropriate to conform to the solicitation process as set forth herein.

(2) When no individual proposal is expected to meet the SEB dollar threshold, proposals submitted in response to a PON will be evaluated by a panel which shall be appointed by the cognizant program office. The panel will be composed of program office and other personnel, including representatives of Procurement and Counsel, and, as deemed appropriate by the appointing official, supplemented by personnel from other Government agencies. The representative of Counsel will be a nonvoting member of the panel. Personnel from ERDA prime management or operating contractors may be used as advisors to the panel when their services are necessary and available. Care is to be taken in the selection of these personnel so as to avoid any actual or apparent conflicts of interest.

(c) Evaluation criteria. The evaluation criteria shall be specified in the notice. The criteria below, to the extent applicable, as well as any additional criteria stated in the program opportunity notice, shall be considered:

(1) the overall technical feasibility of the proposed effort;

(2) the contribution which the proposed effort is expected to make to ERDA in carrying out its program responsibilities, including, but not limited to solving energy extraction and storage, transportation, conversion, waste utilization, and conservation problems;

(3) the capabilities, related experience, facilities, instrumentation, or techniques which the proposer possesses and offers, and which are considered to be integral factors for achieving the objective(s) of the proposal;

(4) the qualifications, capabilities, and experience of the proposed key personnel;

(5) the ability of the proposer to furnish necessary financial support;

(6) the proposed cooperative arrangement agreements among the participants, and form of management of the activities; and,

(7) plans for involvement of the small business community. (d) Program policy factors. Program policy factors are those