TN Electric Vehicle Infrastructure (TEVI)

• Will debt financing be considered an eligible cost for reimbursement? 

According to 2 CFR 200.449(a) – “Costs incurred for interest on borrowed capital, temporary use of endowment funds, or the use of the non-Federal entity's own funds, however represented, are unallowable. Financing costs (including interest) to acquire, construct, or replace capital assets are allowable, subject to the conditions in this section.” 2 CFR 200.449(c) outlines those conditions referenced.  Based on this, reimbursement of financing costs are limited to acquisition/construction/replacement of capital assets. 

• Do we have to Own the EV Chargers or can we lease?

Charging equipment lease fees, in the case that an EV charging station operator opts to lease rather than purchase charging equipment, are eligible for reimbursement.  The charging equipment lease fees are only eligible for up to five (5) years after the charging station is commissioned. Reimbursements for leased charging equipment will be reimbursed based on incurred costs. 

• The application form allows a 4,000 character limit. Can you please advise whether I should be concerned about the answer length or should ensure all answers fit visibly within the answer box?

The fillable PDF application on the TEVI website includes the ability to include text up to the allowable character limit. We have verified that longer answers are scrollable using multiple PDF editor applications, but applicants should ensure that their filled applications include all information in a readable form before submitting a completed application to TDOT. 

• For the 20% cost share – would the cost of staff’s time working on the grant be eligible to be included as an in-kind contribution provided by the Agency to cover the 20% cost share? 

The only eligible labor expenses under the TEVI Program are “Costs for construction project management directly related to the EV charging infrastructure,” and are only allowable following TDOT’s issuance of a Notice to Proceed (NTP). All reimbursement requests including labor charges are subject to Federal compliance requirements and laws including, but not limited to, Davis Bacon Federal wage rates as outlined in the NEVI Final Rule (§ 680.118). Pages 9-10 of the TEVI Program NOFO outline eligible project costs and cost-sharing. 

• Is the scoring for pricing going to be evaluated based on grant ask or total eligible project costs? 

Scoring for pricing will be based on both a project’s requested federal cost and the recipient’s cost-share percentage. 

• Can TDOT provide clarity on what cost-effectiveness in the price scoring section would look like to TDOT? 

Cost-effectiveness in the TEVI Program includes project costs that are reasonable, consistent with the market, and overall grant ask relative to the total project cost. 

• In reference to the question regarding "Convenience store (within 0.25 miles safe walking distance)," does this category encompass locations that offer advanced vending options, such as hot items or Micro Markets? Is it permissible to mark this box for such establishments? 

Yes, please indicate convenience options available for the amenities category and include a narrative description of the advanced vending options available at the site. 

• How does a veteran-owned business partner with the state of Tennessee to accomplish this initiative? 

Veteran-owned businesses interested in participating in the TEVI Program should consider utilizing the TDOT partnering form on the TDOT website. Interested parties can add information to the partnering form and also view entities interested in partnering on the partnering results list. 

• If applicants have identified network and equipment providers in their submission, can TDOT clarify the completive procurement process that will be required for the selection of the Project suppliers?

 All Awardees will be required to comply with competitive procurement procedures outlined in 2 C.F.R.  §§ 200.317—200.327 when procuring TEVI Program goods, materials, supplies, equipment, and contracted services. 

• For the TEVI requirement “Following EV charging infrastructure installation and commissioning, the minimum five-year O&M period requires that Awardees ensure that infrastructure is operational and maintained for a period of no less than five years from the initial 2023 TEVI PROGRAM GUIDANCE DOCUMENT TENNESSEE ELECTRIC VEHICLE INFRASTRUCTURE PROGRAM 5 date of operation. O&M activities may include but are not limited to general maintenance, upkeep, monitoring, and reporting.” The local government/awardee can outsource this to a 3rd party through a lease option, correct? 

Yes. Awardees are permitted to outsource O&M activities to a 3rd party through a lease agreement; however, all Awardees will be required to comply with competitive procurement procedures outlined in 2 C.F.R.  §§ 200.317—200.327 when procuring TEVI Program goods, materials, supplies, equipment, and contracted services. An Awardee will need to consult with its legal counsel to determine the appropriate contractual vehicle for O&M activities (e.g., fee for services contract). Additionally, Awardees contracted with TDOT will remain responsible for adherence to all Federal and State Program requirements outlined in both 23CFR680 and the TDOT Grant Contract.

• How is TDOT taking into consideration any projects that TDEC, TVA and the LPCs they serve have planned that could satisfy NEVI eligible exits?   

TDOT, TDEC, TVA, and the Tennessee LPCs have been working collaboratively throughout the TEVI Program development process to ensure the most strategic planning and design of electric vehicle charging infrastructure in the state to work toward achieving the fully built-out status by FHWA in the most efficient way possible.   

TEVI round 1 goals are to fill gaps in infrastructure and not to be redundant with existing and publicly announced infrastructure. 

• Are there email size limits that applicants should be aware when submitting their applications? 

Due to mail server restrictions, the default max attachment size limit of files attached in Outlook is 20 megabytes (MB). This attachment limit applies to both Outlook and Office 365 versions of Outlook.   

• Could TDOT provide utility contact information as part of the NOFO? 

The TEVI Program map outlines eligible evaluation zones with clickable interactive 1-mile travel distance polygons. Each polygon lists corresponding utility contacts for each respective area. 

The list of LPC contacts within the evaluation zones is now available on the TEVI Website. 

• There is no reference to transfer of ownership in the Grant Application Guide.  Can TDOT confirm that an awarded applicant can transfer ownership of the EVSE post-award and/or during the contract period? 

Any transfer of ownership post-award or in the duration of the terms of the contract would require authorization and approval from TDOT and if approved would require the issuance of a new grant award agreement and would result in the transfer of all State and Federal requirements to the entity, including, but not limited to program income requirements, property disposition, reporting, etc. This obligation may survive the expiration of the Grant Contract.  

• Would we be able to connect with a NEVI program manager over email to ask questions? 

Since the Application process is now open, TDOT is not hosting individual 1-1 meetings with prospective applicants to ensure fairness in the process.  Applicants may continue to submit questions so all proposers may see both the questions and responses. 

• Will TDOT retain a percentage of the awards from the awardee to ensure compliance with federal regulations and reporting? If so, how much and over what period? 

TDOT will not retain a percentage of awarded project’s budgets. 

• Will TDOT be making a sample award contract available for review before the submission deadline? 

TDOT will not be providing a sample award contract ahead of the submission deadline. Awardees will be required to sign a contract with TDOT that includes the State of Tennessee’s contractual requirements as well as all applicable provisions and Federal requirements associated with 23CFR680.   

If Applicants have specific questions about contractual requirements or regulations that will impact the submission of an application, Applicants are encouraged to submit specific contractual requirement questions to TDOT.TEVI@tn.gov.   

• Would the following components of an EV charging station be considered eligible costs for reimbursement? Security cameras, lighting, canopies, pouring concrete, ground lease fees to  site hosts. 

Yes, as long as the costs are directly related to the construction and operation of the federally funded EV charging infrastructure.    

Per the NOFO, eligible, reimbursable expenses under the TEVI Program must be directly related to the   acquisition and installation of EV charging infrastructure; development phase activities related to   the acquisition or installation of EV charging infrastructure; or costs associated with O&M of EV   charging infrastructure (for up to five (5) years following infrastructure installation and   commissioning).    

If an Application includes these costs, Applicants should ensure sufficient detail of how these items directly support the EV charging infrastructure and the charging of vehicles as well as meet the goals of the TEVI program.   

A list of eligible project costs can be found on see page 9 of the TEVI NOFO. 

• Could TDOT possibly award multiple sites within each evaluation zone? 

TDOT’s primary objective is to fill as many TEVI Program AFC infrastructure gaps as possible in Phase I of the TEVI Program implementation. It is possible that more than one site, in a single evaluation zone, could be awarded. 

• If an applicant has multiple sites across the state operating under multiple, separate LLCs all with common ownership, does the applicant submit per LLC or submit a single application under the parent organization? To clarify, the LLCs are not DBAs but are separate entities with unique tax IDs. 

Each application within each evaluation zone must be submitted as an individual application for funding. Applications should be submitted by the applying entity and signed-off on by the Applicant’s Authorizing Agent. Applicants selected for funding will be required to sign an Award Agreement with TDOT.   

• What is the timeline to assist TDOT with NEPA evaluation for previously disturbed sites? 

TDOT will lead the NEPA process in coordination with Conditional Awardees. A timeline for NEPA evaluation will be determined on a per-project basis following the Notice of Selection (NoS). See page 6 of the NOFO for additional information. 

• Environmental Screening section: Can sites utilizing areas adjacent to parking areas such as the grass strip adjacent to the curb on a site answer No to being required for ground disturbance if the site was previously cleared when entire site was constructed? Original construction of a vast majority of fuel and convenience sites cleared property in the original construction. While grass and/or vegetation now grows on parts of the site, these areas were disturbed originally. 

While TDOT will have to review each project on its own specific contents, generally speaking a lawn that is consistently maintained/mowed adjacent to the Parking lot is considered previously "disturbed" ground for environmental review purposes. 

A goal of this Program is to develop EV charging infrastructure with minimal impact to the  surrounding environment. Applicants should provide background information and documentation for the specific site in the Environmental Screening portion of the TEVI Application Packet.  

TDOT will lead the NEPA process in coordination with Conditional Awardees following the Notice of Selection (NoS). 

• Environmental Screening section: Can applicants propose to add trees if removal of trees is needed to install underground utility infrastructure and/or locate equipment to satisfy NEPA concerns? 

Applicants should provide any known proposed project site environmental impact information in the Environmental Screening section of the TEVI Application Packet. 

• Environmental Screening section: If the charging site is located on property owned by a federally recognized Native American tribe, but the tribe is proposing the project or has signed a site host letter of support, will this qualify the project for a NEPA categorical exemption? 

Applicants should provide any known proposed project site environmental impact information in the Environmental Screening section of the TEVI Application Packet. A potential NEPA categorical exemption will only be assessed following the Notice of Selection (NoS).  

• Can TDOT provide a copy of the proposed cybersecurity template that will be provided to Conditional Awardees in order of applicants to understand the requirements post award? 

TDOT is currently developing a template that will be completed by Conditional Awardees following the Notice of Selection (NoS) for funding under the Program. A template will not be released ahead of the submission deadline. 

• If an applicant can certify at the time of submission that match funds can be provided, can a different entity provide the proposed match after the Effective Date of the agreement if they are able to demonstrate the financial capabilities to do so? 

Eligible costs and cost-sharing requirements can be found on page 9 of the TEVI NOFO. Committed cost-share contribution should be detailed on page 17 of the TEVI Application Packet. Changes post-award to committed cost-share contrition type or amount must be approved by TDOT. 

• Can a Grantee claim expenses for costs incurred between notice of award and grant execution, with the understanding that those costs are incurred at risk until grant is executed? 

No expenses can be claimed prior to the Notice to Proceed (NTP). 

• If we win an award and the equipment we won the award with that’s listed in our proposal is at the time of the award not available from our manufacturer; can we use a different equipment manufacturer as long as it meets the NEVI RFP original criteria?  

Applicants are encouraged to provide non-binding quotes from Project suppliers for submitted applications, however, per page 6 of the NOFO, if selected for funding, Awardees will need to secure approval from TDOT on the successful completion of a competitive procurement process for the selection of Project suppliers. 

• For the application points score system for the “Cost Proposal and Project Budget,” can you go into more detail on how the 60 points can be awarded? 

Per the TEVI Program NOFO: the responsiveness criteria for Budget is described as: "Application budget provides detail and justification, is reasonable, is sufficient to achieve the project, is cost-effective, and meets or exceeds the minimum non-federal cost share requirements." Applications best meeting all these criteria will be evaluated as highly responsive. 

• Can a municipality charge a fee for use of city-installed charging stations? Uncertain of a location, but presuming it's on city-maintained/owned property like a local park or public parking lot. " 

Unless otherwise barred by local municipal policies, the Federal NEVI final rules allow awarded parties to charge fees for use of the chargers - see 23 CFR 680.106(m) (https://www.federalregister.gov/d/2023-03500/p-387) 

• The NOFO states under the TEVI Equipment and Site Requirements “each site must be capable of producing a minimum of 600kW. Is this so that 600kW can be used by EVs at one time, or is this a consideration that we need to be able to use solar and battery to have 600kW of production a day? 

The NEVI final rules state that 150kW per port must be continuously available at all times. Per the Federal NEVI Final Rule: "DCFCs located along and designed to serve users of designated AFCs must have a continuous power delivery rating of at least 150 kilowatt (kW) and supply power according to an EV's power delivery request up to 150 kW, simultaneously from each charging port at a charging station." See 23 CFR 680.106(d) https://www.federalregister.gov/d/2023-03500/p-366 

• Under the noneligible expenses, it states no “offsite Power Generation” what about onsite power generation? 

To be eligible, applicants must provide sufficient proof that any on-site generation meets FHWA requirements. On-site generation by distributed energy resources are eligible for reimbursement for NEVI according to FHWA's FAQ "provided that the renewable energy generation or storage only transfers power to and from the EV charging station." 

• On the ineligible expenses, do those items need to be excluded from the project estimates all together or can that be part of the 20% the entity is responsible for? 

Per the NEVI Final Rule: Federal share and cost-share must be comprised only of eligible expenses; no ineligible expenses can be cited as cost-share. In the Program Guidance Document, there is a note in regard to the Novel Project Approach receiving a high recommendation for having those initiatives.

• Can there by cost share for the solar/battery if included as an option in the proposal? 

Solar and battery expenses are eligible costs to be utilized as cost-share in the TEVI Program, however, the solar and battery components must be exclusively used in relation to the electric vehicle charging infrastructure. These components are only eligible according to FHWA's NEVI FAQ "provided that the renewable energy generation or storage only transfers power to and from the EV charging station."

• For the Novel Project Approach Distributed Energy Resources (DERs), Including Solar and Battery Storage How does this impact the choice or scoring process? Is this used if there is a “tie” that one is provided more weight if solar and battery is included? 

Per the TEVI Program Guidance Document: Applications that embrace innovative solutions to reduce grid impact and promote alternative energy sources demonstrate a creative and forward-thinking approach to the Program. By incorporating these sustainable energy solutions, the project can contribute to a greener and more resilient future.  Applicants should include project-specific innovations in the “Project Innovations and Additional Information” section of the application packet. Including project innovations does not guarantee an application a higher score, however TDOT will factor in eligible innovations into its application evaluation process and scoring.  

• Is sales tax an eligible cost? 

Yes. Sales tax on eligible cost project components is an eligible project cost. 

• For the application narrative, is there a limit on pages or word count? 

The Application Packet’s fillable boxes have a character limit of 4,000 characters. Applicants may, however, attach additional pages / information to individual application packets if needed. TDOT will review additional information and factor such information into proposal evaluation as deemed appropriate, however TDOT does not guarantee it will review or factor in all supplemental information in every case. 

• For the 32 eligible zones for EVSE: is it true that any publicly-accessible charging station within those zones is eligible? Does it need to be accessible 24/7? Is only public-facing EVSE available, or also Fleet-facing? Level 2 or DCFC are both OK? Do we have to own the equipment, or can we engage with a third party to own/ operate for us? 

In Phase I of the TEVI Program, electric vehicle charging infrastructure in the TEVI Program must be DCFC, publicly accessible 24 hours a day, 7 days a week, 365 days of the year. Equipment ownership and operation may reside with a third party with the proper completion of site host requirements outlined in the NOFO and Application Packet. 

• If a proposer would like to comment on the contractual language of the proposal, should we submit our comments/redlines with our proposal or after awardees are determined? 

The contract template and terms with the state will be non-negotiable. The NEVI Final Rule also stipulates the inclusion of Federal provisions, which will be incorporated into TDOT’s contracts, and will be non-negotiable.

• If applicants want to apply and believe they have a good to great site to put forward for consideration, is there any leeway in the selected exit numbers if they are outside of the exit number groupings on each corridor? Can sites be located outside of the 1-mile travel distance?  

Applications outside of the TEVI evaluation zones will not be evaluated or scored within a zone, however, Applicants are not precluded from submitting for sites outside of TEVI evaluation zones provided that the site is within one travel mile of the corridor. While applications outside the evaluation zones are not precluded, please keep in mind TDOT’s goals for this application cycle is to most effectively reach US DOT NEVI “fully built out” certification minimum guidelines by filling in EV charging infrastructure gaps on the Sstate’s Interstates and EV AFCs.  While EV charging station redundancy may factor into future funding rounds, it is not a priority of the state in this first round. 

• Will TNDOT consider natural gas generators as a DER resource, or give points for this resource? 

Per the TEVI Program Guidance Document: Applications that embrace innovative solutions to reduce grid impact and promote alternative energy sources demonstrate a creative and forward-thinking approach to the Program. By incorporating these sustainable energy solutions, the project can contribute to a greener and more resilient future.  

Applicants should include project-specific innovations in the “Project Innovations and Additional Information” section of the application packet. Including project innovations does not guarantee an application a higher score, however TDOT will factor in eligible innovations into its application evaluation process and scoring.  

• Will more points be given to proposers who provide more than 20% match? 

Per the TEVI NOFO, 30% of an applicant’s total possible score is related to budget and cost evaluation. Responsiveness for this evaluation criteria will be scored based on if the “application budget provides detail and justification, is reasonable, is sufficient to achieve the project, is cost-effective, and meets or exceeds the minimum non-federal cost share requirements.” 

• Are there no zones in the Jackson area? 

TDOT’s goal is to fill identified gaps along Tennessee’s electrified alternative fuel corridors in this phase of the TEVI Program to meet US DOT NEVI “fully built out” certification requirements. Please refer to the TEVI Program Map for more information on evaluation zones for EV charging infrastructure.  

• Is there any additional value consideration towards those who strive to protect the grid with on site power generation? Obviously those variables come with additional expense, so budget vs value to community is the question for a proposal. 

Per the TEVI Program Guidance Document: Applications that embrace innovative solutions to reduce grid impact and promote alternative energy sources demonstrate a creative and forward-thinking approach to the Program. By incorporating these sustainable energy solutions, the project can contribute to a greener and more resilient future.  

Applicants should include project-specific innovations in the “Project Innovations and Additional Information” section of the application packet. Including project innovations does not guarantee an application a higher score, however TDOT will factor in eligible innovations into its application evaluation process and scoring.  

• Regarding ‘Considerations for Developing a Highly Responsive TEVI Application’ in the Program Guide: How are these Highly Responsive Recommendations affect the selection process? example? 

Applicants are encouraged to utilize the TEVI Program Guidance Document as a resource when considering assembling and submitting an electric vehicle charging station project under the TEVI Program. Additional information about scoring can be found in the Application Packet under each question requiring a narrative response. Applications best meeting all the criteria described in each scoring category will be evaluated as highly responsive. 

• Do you have an opt-in partner list? We're doing quite a bit of matchmaking and one would be helpful! 

Yes. The TEVI Program a form for entities interested in partnering: Tennessee Electric Vehicle Infrastructure (TEVI) Program Partnering Form and publishes a public list of responses: Tennessee Electric Vehicle Infrastructure (TEVI) Program Partnering List 

• If there is additional systems such as solar that you want to have considered, is there a way to add this as a addendum so that is can be considered? 

Per the TEVI Program Guidance Document: Applications that embrace innovative solutions to reduce grid impact and promote alternative energy sources demonstrate a creative and forward-thinking approach to the Program. By incorporating these sustainable energy solutions, the project can contribute to a greener and more resilient future.  

Applicants should include project-specific innovations in the “Project Innovations and Additional Information” section of the application packet. Including project innovations does not guarantee an application a higher score, however TDOT will factor in eligible innovations into its application evaluation process and scoring.  

• Since the rest area is a frequent stop on I-40 (located in Dickson Co), has there been any interest by the State of TN to place fuel stations? Or, should the County government be encouraged to inquire? According to the map earlier of gaps, it appeared to lie close enough to Exit 172 (one of the I-40 gaps. 

TDOT's NOFO is soliciting applications from third parties to design, build, own, and operate EV charging stations meeting NEVI compliant standards. Since TDOT is seeking to fund third party applicants through this NOFO, rest areas will not be considered as eligible locations. Federal Commercial Activities Laws prohibit "commercial activity" at rest areas, and third-party EV charging stations would be considered commercial activities under these laws and therefore prohibited.  

• Within each of the 32 opportunity zones, will only one project be awarded funding? Or is there the possibility of more than one site being awarded funding within a zone?  

To ensure we are utilizing the NEVI funding in the most efficient manner, only one site will be awarded per evaluation zone. TDOT’s goal for this application cycle is to most effectively reach US DOT NEVI “fully built out” certification minimum guidelines by filling in EV charging infrastructure gaps on the State’s Interstates and EV AFCs.  While EV charging station redundancy may factor into future funding rounds, it is not a priority of the state in this first round. 

• Is there a deadline to submit questions? 

Monday, October 23, 2023 

• Are all weight classes of vehicles eligible for funding? 

 Vehicles are not eligible for funding, only electric vehicle charging infrastructure. NEVI formula program funds can be used for light, medium, and heavy-duty electric vehicle charging infrastructure projects that meet NEVI program requirements. 

• What time is the deadline to submit the application? 

Application Packets should be emailed to TDOT.TEVI@tn.gov no later than 6:00PM (CST) on November 1, 2023.    

• Could applicants use the grant to purchase property (for the purpose of developing a charging station) in addition to developing the site for electric charging stations? 

This NOFO contemplates either the use of Site Host Agreements with existing property owners or applications submitted by existing property owners, in order to expedite project delivery and minimize environmental impact.  Please review the Project Site Readiness scoring criteria in determining whether to include the purchase of real property in an application.   

• Are there any confidentially provisions?  

NEVI documentation, including applications and grant contracts, generally will be a matter of public record.  Executed grant contracts will contain a provision requiring the Grantee to maintain as confidential any information provided to the Grantee by the State or acquired by the Grantee on behalf of the State that is regarded as confidential under state or federal law; the Grantee may not disclose such confidential information except as required or permitted under state or federal law.    

• Does being in a Flood plain automatically eliminate the site from NEVI funding?  

Selecting a location for EV charging infrastructure in a known flood plain could require additional environmental permitting and additional expenses and may result in the location being deemed ill-suited or inadequate for the placement of EV charging infrastructure, this determination would be made by the local permitting agency.   

• Is there a maximum applicant funding amount? 

There are currently no maximum funding limits for eligible projects, however, applicants will compete against other applicants within the same evaluation zone and be scored on cost effectiveness.  

•  What percentage or dollar amount will be covered for each project? 

Federal funds can cover up to 80% of the total eligible project cost: applicants must commit to a cost share of all expenses above the federal share. Please refer to the eligible expenses section and the evaluation criteria section in the NOFO for more information