The purpose of this amendment is to:
1) Modify the cost share requirement language in Topic Area 1, Section II.C and Section III.B.

Section II.C now has 0% Required Cost Share listed in the Estimated Funding Table.

Section III B now reads:
For awards made under Topic Area 1,

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cost sharing is NOT required.

2) Modify the language regarding intellectual property and patent waivers in Section XIV.F.

Section XIV.F now reads:
The following provisions apply to Topic Area 1:
Patent Rights.

The government will have certain statutory rights in an invention that is conceived or first actually reduced to practice under a DOE award.

42 U.S.C.

5908 provides that title to such inventions vests in the United States, except where 35 U.S.C.

202 provides otherwise for nonprofit organizations or small business firms.

However, the Secretary of Energy may waive all or any part of the rights of the United States subject to certain conditions.

(See Notice of Right to Request Patent Waiver in paragraph G below.) Applicants petitioning for patent waivers must provide at least 20 percent non-federal cost share.

Rights in Technical Data.

Normally, the government has unlimited rights in technical data created under a DOE agreement.

Certain technical data first produced under this Award may be specified for delivery within the Rights in Data - General clause, and may also be set forth in the reporting requirements section, both of which will be incorporated into the terms and conditions of the Award.

The following provisions apply to Topic Area 2 and Topic Area 3:
Special Protected Data Statutes.

This program is covered by a special protected data statute.

The provisions of the statute provide for the protection from public disclosure, for a period of up to 5 years from the date of its development, of first-produced data that would be trade secret, or commercial or financial information that is privileged or confidential, if the information had been obtained from a non-Federal party.

Generally, the provision entitled, Rights in Data  Programs Covered Under Special Protected Data Statutes, (10 CFR 600 Appendix A to Subpart D), will apply to an award made under this announcement.

This provision will identify data or categories of data first produced in the performance of the award that will be made available to the public, notwithstanding the statutory authority to withhold data from public dissemination, and may also identify data that will be recognized by the parties as protected data.

For National Laboratories and FFRDCs, the data rights clause in Applicants Management and Operating (M&O) Contract will apply.

3) Modify the language regarding intellectual property and patent waivers in Section XIV.G Section XIV.G now reads:
G.

Notice of Right to Request Patent Waiver Applicants providing at least 20% non-federal cost share may request a waiver of all or any part of the rights of the United States in inventions conceived or first actually reduced to practice in performance of an agreement as a result of this announcement, in advance of or within 30 days after the effective date of the award.

Even if such advance waiver is not requested or the request is denied, the recipient will have a continuing right under the award to request a waiver of the rights of the United States in identified inventions, i.e., individual inventions conceived or first actually reduced to practice in performance of the award.

Any patent waiver that may be granted is subject to certain terms and conditions in 10 CFR 78 4. See http://www.gc.doe.gov/guidance_opinions.htm and http://www.gc.doe.gov/documents/patwaivclau.pdf.

Domestic small businesses and domestic nonprofit organizations will receive the patent rights clause at 37 CFR 40 1. 14, i.e., the implementation of the Bayh-Dole Act.

This clause permits domestic small business and domestic nonprofit organizations to retain title to subject inventions.

Therefore, small a businesses and nonprofit organizations do not need to request a waiver.

Delivery or third party licensing of proprietary software or data developed solely at private expense will not normally be required except as specifically negotiated in a particular agreement to satisfy DOEs own needs or to insure the commercialization of technology developed under a DOE agreement.

4) Modify the due date for Pre-Applications.

Pre-Applications are now due April 15, 2011, 7:00 PM Eastern Time.

5) Change the text that reads "It is recommended that the applicant utilize the Project Management Center PMC 12 3. 1 Budget Justification for SF 424A Budget excel template that can be downloaded here:
https://www.eere-pmc.energy.gov/Forms.aspx" to:
"The applicant should refer to the attached Budget Justification Description in Attachment D of the FOA as a guide when preparing the Budget Justification File." 6) All other terms and conditions of the Announcement remain unchanged.