Page images
PDF
EPUB

with the option to order additional technical data, the requirements for which are not known at the time of agreement. There is, however, a built-in limitation on the kind of technical data that may be required. This limitation clause provides that the offeror may withhold delivery of proprietary data. This withholding of proprietary data is the primary means by which the offeror may protect his proprietary position. There are, however, two situations where the Government may need to have limited access to a participant's proprietary data. First, paragraph (f) of the Rights in Technical Data (long form) clause (see Appendix B, "Model Cooperative Agreement") gives the Contracting Officer's representatives the limited right to inspect, at the participant's facility, the participant's proprietary data which were withheld from delivery, for the purpose of verifying that such data were properly withheld or to evaluate work performance. The second situation is provided in optional paragraph (g) of the Rights in Technical Data (long form) clause. When used, optional paragraph (g) provides the Government the right to require the participant to furnish with limited rights proprietary data previously withheld. In this situation, the limited rights in proprietary data and the Government's obligation for limited use and disclosure of such data provide the means by which the participant protects his proprietary position. Paragraph (g) will be used where it is determined that for programmatic reasons there is a need for the delivery of proprietary data to the Government. To assist in making this

programmatic determination, it is necessary that your proposal state

39.

that the work to be performed and the known requirements for technical
data as set forth in this PON have been reviewed, and, as discussed in
SECTION IV.2.2(d), either state that, to the best of your knowledge,
no data will be withheld, or submit a list identifying the proprietary
data that, to the best of your knowledge, will likely be used,
acquired, or otherwise obtained in the course of project performance

and will be withheld.

REPORTS TO CONGRESS

Pub. L. No. 99-190 and its legislative history provide that DOE prepare and submit to Congress the following two reports associated with the proposals received and selections made as a result of this

PON:

(1) After projects are selected, a comprehensive report on the

proposals received, and

(2) A full and comprehensive report on each project selected, including the facts and circumstances relied upon in support of the proposed project, which must be submitted to Congress at least 30 calendar days prior to the execution of any cooperative

agreement to be entered into as a result of this PON.

SECTION IV - PROPOSAL PREPARATION INSTRUCTIONS

NOTE: To facilitate evaluation, proposers are to organize their

proposals to correspond precisely to the proposal preparation instructions in SECTIONS IV.1, IV. 2, IV.3, and IV.4, which correspond to the evaluation criteria in SECTIONS W.2, W.3.1,

W.3.2, and W.3.3 of this PON.

PREPARATION OF WOLUME I: QUALIFICATION DISCUSSION

The preparation of this volume is extremely important. If the proposal does not meet the requirements identified in SECTION W.2, "Preliminary Evaluation," the proposal shall not undergo comprehensive evaluation. The offeror must address each of the Qualification Criteria listed in SECTION W.2(a) of this PON and clearly show how the proposal meets the qualifications. The discussion should be sufficient unto itself for a determination as to whether or not the proposal meets the Qualification Criteria. DOE has no obligation to refer to other volumes if the discussion provided in Wolume I does not show that the Qualification Criteria have been clearly and unambiguously met. For those criteria that require the completion of the certification forms provided in Appendix I of this PON, these forms must be submitted in this Volume. Such certifications must be completed and signed by an individual with authority to represent and bind the offering organization. The information

required to satisfy the Qualification Criteria is indicated below:

(a) LOCATION OF DEMONSTRATION

The demonstration project or facility must be located in the United States. The offeror must clearly show that the location proposed will be within the United States. Information should be included to indicate the state, county, and municipality

(if applicable) in which the project or facility will be

located.

(b) USE OF U.S. COALS

The proposed project or facility shall be designed for and operated with coal (s) mined in the United States. The proposer must provide a description of the type and source of coal (s) sufficient to indicate that the coals to be utilized are mined

in the United States.

(c) COST-SHARING

The proposer must complete the certification form contained
in Appendix I of the PON and include it in Wolume I of the
proposal to confirm that Government cost-sharing will not
exceed 50 percent of the total project cost and that not more
than 50 percent of the funds required in each of the three
phases, Design and Permitting, Construction and Startup
("Shakedown"), and Operation, Data Collection, Reporting, and

Disposition, will be requested from the Government.

(d)

(e)

(f)

SITE AWAILABILITY

The proposer must provide firm evidence that the proposed project site is either owned by the offeror and is available or that the offeror will have use of the site for the duration of the project. This requirement may be met by providing a copy of title to the property, a firm lease or option, or

other legally binding documentation concerning site availability.

CLEAN AIR ACT COMPLIANCE

The proposer must complete and sign the certification form contained in Appendix I of this PON concerning compliance of the proposed technology, alone or in conjunction with other technologies, with the Clean Air Act. This certification will indicate that, as a minimum, the proposed technology in the specified market application will be capable of complying with the requirements of the Clean Air Act as amended, and with the relevant regulations promulgated thereto, in regions of the United States where commercialization of the technology is

contemplated.

TEAMING AGREEMENT

If a teaming arrangement is proposed, the proposer must provide
a letter of intent or executed teaming agreement from all parties
sufficiently binding to ensure the formation of the proposed
legal entity. All documents legally establishing the entity

will be required prior to execution of the Cooperative Agreement.

« PreviousContinue »