CFR > Title 10 - Energy > CHAPTER III—DEPARTMENT OF ENERGY > PART 800—LOANS FOR BID OR PROPOSAL PREPARATION BY MINORITY BUSINESS ENTERPRISES SEEKING DOE CONTRACTS AND ASSISTANCE > SUBPART B—Loan Solicitation, Application and Review (§800.100 to §800.103) > 800.102—Review by Application Evaluation Panel.

800.102—Review by Application Evaluation Panel.

(a) Applications for loans under this regulation shall be reviewed by an Application Evaluation Panel, which shall be appointed by the Application Approving Official. The Panel shall include, at a minimum, a representative of the Office of Minority Economic Impact, the contracting officer and a representative of the Office of the Controller.
(b) Panel review shall be conducted pursuant to paragraph (c) or (d) of this section, as applicable, to evaluate, to clarify and to develop information contained in the application and such other information as the Application Approving Official or the Panel may request.
(1) The Panel shall give priority to applications relating to a competitive solicitation, because of time limits on such solicitations. The Panel may defer action a maximum of five days after a solicitation has been announced in the Commerce Business Daily to provide all interested applicants an opportunity to apply.
(2) Initial screening will be in the order applications are received, but time required to process an application may vary from case to case.
(c) Panel review of specific loan requests. (1) If an application contains a specific loan request, and complies with § 800.101, the Panel shall arrange for risk analysis, independent of any such analysis submitted by or on behalf of the applicant. Risk analysis shall be directed both to the loan request and to applicant's prospective performance of work pursuant to the bid or proposal.
(2) The Panel shall evaluate the loan request in light of the risk analysis, and shall give its conclusions in writing to the Application Approving Official, with respect to the following and to such other considerations as that official may direct:
(i) Applicant's eligibility as a minority business enterprise.
(ii) Compliance with the application requirements of § 800.101.
(iii) Compliance with § 800.200 on allowable costs.
(iv) Applicant's financial ability to make the bid or proposal without the loan.
(v) Applicant's contribution of, or ability to contribute, the 25% minimum share of allowable costs, or more.
(vi) Applicant's ability to prepare an adequate bid or proposal, if the loan is made.
(vii) Possibility of award to applicant pursuant to its bid or proposal.

Code of Federal Regulations

Note: Normally, not more than three loans will be approved for the same competitive award.
(viii) Applicant's ability to perform pursuant to the bid or proposal.
(ix) Likelihood that applicant will repay the requested loan, regardless of success of applicant's bid or proposal.
(x) Optimal use of available program funds.
(xi) The Panel's recommendation.
(d) Panel review of other applications. If the application was submitted without a specific loan request, the Panel shall review the application in accordance with paragraph (b) of this section with the limited purpose of determining whether the applicant has complied with § 800.101, except as to matters determinable only with respect to a future specific loan request, and shall inform the Application Approving Official in writing as to its determinations.