The greening of U.S. energy policy combined with significant public sector investment in clean technologies makes Washington, DC an essential resource for investors and entrepreneurs in the clean energy space. Developing a public sector strategy can be a critical execution variable both for capital raising as well as for managing the regulatory and policy risk that impacts clean energy markets. Cooley LLP and McBee Strategic Consulting have assisted multiple companies at all stages of development in applying for and negotiating U.S. Department of Energy (DOE) grants and loans. Raising commercial scale-up capital through the Federal government is a particularly complex and competitive process. A common misconception is that accessing money in Washington is about simple technical grant writing—it isn't. In reality, the process is similar to an SEC filing, such as an S-1. Accordingly, success requires a team with the business, technical, legal and compliance skills necessary to navigate complicated and constantly changing transaction requirements. Success also requires alignment among various Federal stakeholders and policy objectives—from your local Member of Congress and various committee chairmen in the House and Senate to program personnel at the DOE and senior White House officials, among others.
Professionals with the Cooley-McBee Strategic team have:
- Advised clients who have received more than $2.6 billion in competitive DOE awards (more than $575 million in client applications are pending before DOE).
- Advised the first company awarded financing through the DOE Loan Guarantee Program and the first company awarded financing through the DOE's §136 Advanced Technology Vehicle Manufacturing Incentive Program.
- Handled preparation and submission and/or performed compliance and substantive reviews of more than a dozen loan guarantee and grant applications.
Services
Our experienced legal team and DC experts with in-depth DOE knowledge offer comprehensive DOE financing services, including:
- Prescreen project eligibility for funding opportunity.
- Prepare detailed DOE requirements summary and document checklist.
- Deliver on-site briefing on program requirements; third party items; legal issues (intellectual property, confidentiality, environmental, etc.); DOE fees, timelines, and review and reporting processes.
- Target application to DOE goals, policies, and program requirements.
- Provide visibility for applicant in DOE program development and with Congressional delegations.
- Organize drafting sessions with key project personnel.
- Draft application based on business plans, financial requirements, and project objectives.
- Confirm completeness and responsiveness of application prior to submission, including legal compliance check with applicable DOE regulatory requirements.
- Handle all submission logistics.
- Provide continuing visibility with Congressional delegation.
- Monitor progress of application evaluation and provide updates.
- If project is selected, work with applicant to respond to due diligence requests.
- Negotiate definitive agreements with DOE and advise clients regarding federal reporting and contracting matters.
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