Government Contracting and Funding ENERGY AND CLEANTECH

The US government is the world’s largest consumer of technology products and services, and the largest sponsor of commercial research and development. Our National Security and Government Contracts practices help clients win in this lucrative market. Drawing on our experience with major government acquisition and funding programs, as well as in programs across government agencies, we counsel companies throughout the government funding and contracting process.

We negotiate technical data rights provisions that allocate patent, copyright and other rights among contractors and government funding sources. Intellectual property rights are often the most contentious aspects of federal contracts, grants and cooperative agreements. We negotiate novel contract provisions permitting clients to retain intellectual property rights resulting from federally funded projects and collaborative research.

Commercializing a cleantech product is very capital intensive and beyond the reach of most venture capital investments. When you need tens, or hundreds of millions of dollars to get your company to the next step, you may wonder where you can turn for the necessary funds. There are currently many opportunities for government grants, loans and loan guarantees, if you can work through the complexities of the application process. Our "Getting Greenbacks” article provides some basic guidelines for a successful application.

The US government is the world’s largest consumer of technology products and services, and the largest sponsor of commercial research and development. Our National Security and Government Contracts practices help clients win in this lucrative market. Drawing on our experience with major government acquisition and funding programs, as well as in programs across government agencies, we counsel companies throughout the government funding and contracting process.

We negotiate technical data rights provisions that allocate patent, copyright and other rights among contractors and government funding sources. Intellectual property rights are often the most contentious aspects of federal contracts, grants and cooperative agreements. We negotiate novel contract provisions permitting clients to retain intellectual property rights resulting from federally funded projects and collaborative research.

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Experience

WilmerHale has helped many of our clients successfully secure significant government funding. Our representations include:

  • Representing 1366 Technologies, Inc. in closing a Department of Energy loan guarantee for the development of a multicrystalline wafer manufacturing project aimed at reducing the cost of solar power. The project is projected to produce approximately 700 to 1,000 megawatts (MW) of silicon-based wafers annually
  • Assisting A123 Systems in negotiating the terms of a $249 million grant and $233 million loan from the U.S. Department of Energy under the Recovery Act and the Section 136 Advanced Technology Vehicle Manufacturing Program, respectively, in support of the Company’s development of manufacturing facilities in the State of Michigan
  • Advising an all-electric car manufacturer in the development and submission of an application for funding under the Department of Energy’s Section 136 Alternative Technology Vehicle Manufacturing Program.
  • Assisting an hybrid electric car manufacturer in connection with the submission of an application for funding under the Department of Energy’s Alternative Technology Vehicle Manufacturing Program.
  • Advising an emerging solar (PV) manufacturer in developing several applications for R&D grant funding to the Department of Energy
  • Advising a cellulosic ethanol manufacturing company in connection with the negotiation of a funding award from the Department of Energy in connection with the development of a demonstration-scale cellulosic ethanol production plant
  • Advising a property developer in obtaining a waiver of the "Buy American” provisions of the Recovery Act in connection with a development seeking LEED® Certification and compliance with the "Green Buildings” provisions of the Boston Zoning Code
  • Representing A123 Systems, Inc. in closing an incentive loan from the Commonwealth of Massachusetts to finance the build out of headquarters and a research and development facility