U.S. Offshore Wind Technology Development | Apply Online

Opportunity Summary:

The U.S. Offshore Wind Technology Development opportunity (Funding Opportunity Number DE-FOA-0000415) is a U.S. Department of Energy solicitation administered through the Golden Field Office to support renewable energy research and development related to offshore wind. The funding instruments listed are cooperative agreements and grants, and eligibility is described as unrestricted, meaning virtually any type of entity may apply as long as it meets any additional eligibility details stated in the full announcement. The FOA is associated with CFDA 81.087 (Renewable Energy Research and Development). While the public listing shows fields like estimated total funding and award ceiling/floor as 0, that typically reflects how the opportunity was posted or amended in the system rather than a statement that no awards will be made; applicants would need to confirm actual funding levels and topic specifics in the full FOA package and attachments.

This notice is specifically an amendment to the original announcement, and most of the changes focus on cost sharing, intellectual property (IP) and data rights, and a revised pre-application deadline. First, the amendment changes the cost share language for Topic Area 1. The FOA now explicitly states that for awards made under Topic Area 1, cost sharing is not required. In addition, the estimated funding table in Section II.C is updated to list 0 required cost share for Topic Area 1, reinforcing that applicants do not need to bring matching funds for that topic area as a condition of receiving an award. Importantly, this change is limited to Topic Area 1 as written; other topic areas may still have cost share expectations depending on the underlying FOA text.

Second, the amendment revises the FOA language on patent rights and intellectual property in Section XIV.F, drawing a clearer distinction between Topic Area 1 and Topic Areas 2 and 3. For Topic Area 1 patent rights, DOE emphasizes that the federal government has statutory rights in inventions conceived or first actually reduced to practice under a DOE award. The amendment cites 42 U.S.C. 5908, which generally vests title to such inventions in the United States, while also acknowledging that 35 U.S.C. 202 (the Bayh-Dole framework) can provide different treatment for nonprofit organizations and small business firms. The revised language also highlights that the Secretary of Energy may waive all or part of the government’s rights under certain conditions. A key practical point is included: applicants who want to petition for a patent waiver must provide at least 20 percent non-federal cost share. In other words, even though Topic Area 1 does not require cost sharing to receive an award, cost share becomes relevant if the applicant wants DOE to waive government patent rights for inventions arising from the project.

The same Section XIV.F update also addresses rights in technical data. As a baseline, DOE notes that the government normally has unlimited rights in technical data created under a DOE agreement. However, the amendment indicates that some technical data first produced under the award may be specifically identified for delivery and treatment within the standard Rights in Data - General clause and also through reporting requirements that will be incorporated into the award terms and conditions. For Topic Areas 2 and 3, the amendment points to special protected data statutes that can shield certain first-produced data from public disclosure for up to five years from the date of development, particularly if the data would qualify as trade secrets or privileged commercial/financial information had it been obtained from a non-federal party. The FOA references the applicable DOE regulatory clause (10 CFR 600 Appendix A to Subpart D) covering programs under special protected data statutes, which typically spells out what data will still be made public and what categories may be treated as protected. For National Laboratories and FFRDCs, the amendment notes that the data rights clause in the entity’s Management and Operating contract will apply, which is an important distinction for lab-led or lab-partnered projects.

Third, the amendment updates Section XIV.G, which is the formal notice of the right to request a patent waiver. It reiterates the 20 percent non-federal cost share threshold: applicants providing at least 20 percent cost share may request a waiver of all or part of the government’s rights in inventions conceived or first actually reduced to practice under the agreement. Timing is also clarified: the waiver may be requested in advance of the award or within 30 days after the award’s effective date. Even if an advance waiver is not requested or is denied, the recipient still retains an ongoing ability during the project to request waivers for specific identified inventions as they arise. Any waiver that is granted is subject to the terms and conditions in 10 CFR 784, and DOE provides links to guidance and a patent waiver clause template. The amendment also clarifies that domestic small businesses and domestic nonprofit organizations will generally receive the standard Bayh-Dole patent rights clause at 37 CFR 401.14, which allows them to retain title to subject inventions; as a result, those organizations typically do not need to request a waiver to keep title. Finally, DOE notes that delivery or third-party licensing of proprietary software or data developed solely at private expense usually will not be required, unless it is specifically negotiated in an award to meet DOE needs or to help ensure commercialization of technology developed under the agreement.

Fourth, the amendment changes the pre-application deadline. Pre-applications are now due April 15, 2011 at 7:00 PM Eastern Time, replacing the earlier listed date. The full application deadline remains June 17, 2011 at 11:59 PM Eastern Time, and the posted/creation dates reflect that the opportunity was originally posted February 7, 2011 with this amendment created March 8, 2011. Applicants would need to follow the submission procedures in the FOA and any portal instructions (the listing points to FedConnect as the additional information link).

Fifth, the amendment updates budget preparation guidance. Instead of recommending use of a specific Project Management Center Excel budget justification template, the FOA now directs applicants to use the Budget Justification Description provided in Attachment D of the FOA as the guide for preparing the budget justification file. This signals DOE wants applicants aligned with the FOA-specific instructions and formatting expectations included in the attachments rather than relying on a generic template.

Beyond these enumerated edits, the amendment states that all other terms and conditions of the announcement remain unchanged. For practical next steps, an applicant would typically download the full FOA package and attachments from FedConnect, verify the topic area requirements that apply to their project concept, and pay close attention to the revised cost share and IP/data rights language, especially if retaining patent rights via a waiver is important to their commercialization plan. The point of contact listed for access issues is Kerry L. Hebert, Grants and Agreements Specialist, at kerry.hebert@go.doe.gov.

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