P20AS00089.docx

U.S. Department of the Interior National Park Service

Financial Assistance Notice of Funding Opportunity (NOFO)

Table of Contents

Section A: Program Description

Federal Agency Name: Department of the Interior, National Park Service

Funding Opportunity Title: Stabilization of Telegraph Building at OX Ranch

Funding Opportunity Number: P20AS00089

Catalog of Federal Domestic Assistance (CFDA) Number: 15.945, Cooperative Research and Training Programs – Resources of the National Park System (CESU)

Legislative Authority: 54 U.S.C. § 101702(b) Cooperative Research and Training Programs

Federal Regulations: 2 C.F.R. § 200, 2 C.F.R. § 1402

Program Background Information and Objectives: The National Park Service (NPS) is seeking applications for a stand-alone cooperative agreement from participants of the Cooperative Ecosystem Studies Units (CESU) network for the project titled “Stabilization of Telegraph Building at OX Ranch.”

1. Overview of the CESU Network The CESU network is a national consortium of Federal agencies, tribes, academic institutions, state and local governments, nongovernmental conservation organizations, and other partners working together to support informed public trust resource stewardship. The CESU network includes 390 non-Federal partners and 15 Federal Agencies in seventeen (17) CESUs representing biogeographic regions encompassing all 50 states and U.S. territories. The CESU network is well positioned as a platform to support research, technical assistance, education and capacity building that is responsive to long-standing and contemporary science and resource management priorities.

The seventeen (17) CESUs bring together scientists, resource managers, students, and other conservation professionals, drawing upon expertise from across the biological, physical, social, cultural, and engineering disciplines (from Anthropology to Zoology) to conduct collaborative and interdisciplinary applied projects that address natural and cultural heritage resource issues at multiple scales and in an ecosystem context. Each CESU is structured as a working collaborative with participation from numerous Federal and non-Federal institutional partners. CESUs are based at host universities and focused on a biogeographic region of the country.

The NPS is required under “Research Mandate” 54 USC 100702 to ensure the management of NPS units are “enhanced by the availability and utilization of a broad program of the highest quality science and information.” To help answer this mandate, the NPS works cooperatively with approved CESU cooperators. Annually the NPS obligates between $30M and $40M in CESU cooperative agreements agency wide. Individual projects are up to five (5) years in duration with an average of approximately $60,000 per agreement.

2. Program Background Information The OX Ranch is in the central portion of Lanfair Valley in the eastern part of Mojave National Preserve. The site lies approximately 4,333 ft above sea level and sits on a flat cleared area consisting of decomposing granite. The Castle Peaks sit to the north, Piute Range to the east, Vontrigger and Hackberry Mountains to the south, Pinto and New York Mountains to the west. The hot, arid climate creates a high desert environment where Joshua trees, cholla, and creosote plants dominate the landscape. A series of dirt roads approach the site from all directions.

The telegraph operator’s building is a small house that was historically relocated to the OX Ranch from the small railroading town of Goffs to the south, within the Rock Springs Land and Cattle Company ranching district of Mojave National Preserve. The building’s most significant contributions to the development of the ranching community fit within the period of the mid 1890s until the mid-1940s.

The railroad company in Goffs built this small dwelling to house a telegraph operator, probably before the turn of the century. As Goffs declined in importance as a rail center, the house was moved to this location for use as a guest house in the early 1950s. It has been altered with an enclosed front porch but much of the original fabric is intact. The guest house is an 18’ by 28’ wood frame building with board and batten siding (no battens on front addition) painted red with white trim. It has a wood-shingled gable roof and a galvanized metal roof on the front shed addition. It apparently rests on a wood sill foundation. The house is in a deteriorated but sound condition representing the domestic side of railroad and ranching history. Despite the need for an extensive cleanup and materials catalogue, the walls are strong. Although architectural elements including doors and windows are heavily damaged or missing, enough of the original framed openings, walls, roof rafters, and flooring remain to conduct an authentic preservation effort. The house retains design and workmanship integrity in the simple constructions of late 19th century domestic residential structures. It is built with noticeable effort in its constructions and workmanship that separate it from other residences in the Preserve. Furthermore, it retains much of its original material form with all original unaltered materials. The structure retains aspects of feeling as an example of a desert residence. Utilitarian in design, this vernacular building is important for its distinctive materials and workmanship, and for the tenacity and resiliency that its occupancy represents. The telegraph building has been determined to be eligible for listing on the National Register of Historic Places at the local level, with California State Office of Historic Preservation concurrence.

As similar sites become increasingly rare, stabilizing and interpreting the telegraph building for the public will afford visitors the chance to consider the movement and interactions of diverse cultures; and to imagine the ingenuity and resourcefulness that must have occurred at this location despite acutely challenging circumstances.

Forces of deterioration:

As with many vernacular style desert structures, after abandonment the harsh desert environment begins to take its toll. These structures are put together with whatever materials may be found on-hand or brought with from a previous effort elsewhere and generally are not made to last without constant attention and care. Wind, rain, sun as well as animal and human effects have all taken their toll and continue to do so. Once the roof starts to fail, in no time the entire structure begins to deteriorate.

Preservation efforts: The telegraph building bears mute testimony to surviving and flourishing despite harsh economic circumstances and remote surroundings. As similar sites become increasingly rare, stabilizing and interpreting the telegraph building for the public will afford visitors the chance to consider the movement and interactions of diverse cultures; and to imagine the ingenuity and resourcefulness that must have occurred at this location despite acutely challenging circumstances.

The telegraph building is currently in poor condition. It retains integrity of location and setting as the area has not significantly changed since its use in the 1950s-2000s. The cabin has not been recently moved or altered in any form.

The building retains design and workmanship integrity in the simple construction of late 19th century domestic residential structures. It is built with noticeable effort in its construction and workmanship that separates it from other residences in the Mojave Preserve. It retains much of its original material form with all original unaltered materials.

3. Program Objectives This project is for the purpose of training NPS personnel and public volunteers about the cyclic treatment of wood and concrete/plaster structures to ensure stability and preservation required for the historic telegraph building at the OX Ranch. The format for training will be a “hands on” workshop where the recipient will instruct participants using demonstrations. Participants will then accomplish tasks on their own or in teams with the recipient’s oversight.

Training public volunteers and Preserve staff in construction and stabilization methods for these types of historical constructs will further the understanding and, therefore, interpretation of these features’ unique examples of vernacular architectural construction found in the Mojave National Preserve. The NPS will reach out to recruit hands-on participants.

The work of this project is focused on executing preservation efforts on the telegraph building. The project requires a minimum of 5 participants and a maximum of 10 persons consisting of Park staff, interns, and volunteers. Several workshops, spread out over the period of performance of the project, will generally consist of one to two week at-a-time on site treatments and trainings.

Prior to the workshops, an initial site visit, current photos, background research, conditions assessment, and treatment recommendations will take place.

The first workshop has four main tasks:

1. Treat the structure with bleach, remove all loose lumber, and catalogue and inventory the lumber and store on-site. Remove flooring to inspect and clean crawl space. Store good flooring for replacement later. Repair flooring support system (joists) for safety. Reattach loose elements (screening, wood, etc.) in preparation for future preservation work.

2. Clean and safely secure the site.

3. Monitor stabilization and catalogue all artifacts before each is returned to the site. Archeology interns will complete this work.

4. Prepare measured drawings, draw up materials lists, and prepare a structure system repair plan. Photograph and catalogue any door and window fragments including hardware. Repair and mothball what needs to be done immediately.

Additional tasks will be undertaken after the first workshop.

1. Conduct archival research to locate historic photos of the roof, doors, and windows.

2. Provide project reporting.

3. Disseminate information to the public

4. Plan future workshops. Future workshops will be scheduled to accomplish most other tasks.

The training objectives are to do an initial stabilization, inventory, and plan for future work on the building structure to be accomplished in future planned workshops over the period of performance. To fulfill the prior objectives, other skills need development. Training participants will gain new skills and refine older ones. Participants will gain insight on proper power and hand tool use, measured drawing techniques, repair structural support system, and proper storage and cataloguing of materials. In addition to manual tasks, preservation theory and communication work will be practiced. Instructors will emphasize the importance of historic structure photos. Discussions will be led on preservation issues, problem solving, team communication, and importance of historical context in buildings. Safety training in all aspects will be emphasized.

4. Secretary of the Interior Priorities This program supports Secretary of the Interior priority 1. Conservation Stewardship in the following way: A CESU partner will conduct a hands-on workshop for NPS staff and public participants to teach them how to preserve a historic building.

Section B: Federal Award Information

Anticipated Federal Funding: The amount of funding available per award for this NOFO is $29,391.86

Non-Federal Entity Cost Share: Non-Federal cost share is not required for this agreement.

Estimated Number of Agreements to be Awarded: One (1)

Estimated Amount of Funding Available Per Award: An estimated $29,391.86 of funding is anticipated for each award. The amount of funding available per award for this NOFO will be determined as part of the application review process based on applications received and funding made available through appropriations.

Anticipated Start Date: Projects receiving funding through this NOFO will start once funding has been secured and awards have been made.

Anticipated Term of the Agreement: September 01, 2020 – June 01, 2022 Agreement terms for funded projects are estimated to range between one and five years, depending on the negotiated project statement of work. Agreements are not effective until fully executed with signature from the NPS Financial Assistance Awarding Officer.

Type of Agreements: Stand-Alone Cooperative Agreement – A legal instrument of financial assistance entered into when the principal purpose of the relationship of the agreement is to transfer something of value from the Federal awarding agency to the non-Federal entity to carry out a public purpose authorized by a law, and substantial involvement on the part of the National Park Service is anticipated in carrying out the funded activity. Stand-alone cooperative agreements contain terms and conditions, statements of work, and funding that is obligated by the cooperative agreement. They are not linked to task agreements or master cooperative agreements as they are fully self-contained.

Substantial Involvement: Substantial involvement may include:

· NPS is involved with the non-Federal entity in describing the goals, jointly developing the scope and the activities to be accomplished. This work must be combined with other substantial involvement, such as providing technical assistance or any of the statements listed below, that goes beyond Federal stewardship responsibilities.

· NPS staff will assist the non-Federal entity in selecting projects, providing orientation to park resources, overseeing assignments, teaching new skills, distributing tools and equipment and providing technical assistance and safety training.

· NPS will provide cultural/environmental programs to the team members including park tours, educational programs, talks on the history of the park, and other similar programs in a variety of media and will coordinate among other NPS units in the area to provide joint educational programs and field trips to NPS and other related sites.

· NPS staff will work together with the non-Federal entity to jointly organize and deliver seminars, workshops, and types of training programs for the purpose of promoting historic preservation to non-Government entities, States, Tribes, and local governments and the general public.

· NPS will provide the services of a Program Coordinator to serve as liaison to (the non-Federal entity) for the work under this agreement. This includes consulting and working specifically with the non-Federal entity’s program coordinator and team leaders on recruiting, interviewing, and recommending appropriate candidates.

Data Availability

1. Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions.

2. Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.

3. Availability of Data. The recipient shall make the data produced under this award and any subaward(s) available to the Government for public release, consistent with applicable law, to allow meaningful third-party evaluation and reproduction of the following:

a. The scientific data relied upon;

b. The analysis relied upon; and

c. The methodology, including models, used to gather and analyze data.

Conflict of Interest

1. Applicability.

a. This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.

b. In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply.

2. Requirements.

a. Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement.

b. In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement.

c. No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient.

3. Notification.

a. Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR 200.112, Conflicts of interest.

4. Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352.

5. Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

6. Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180).

Section C: Eligibility Information

Application Due Date: July 31, 2020, 11:59pm PDT An applicant's failure to meet an eligibility criterion by the time of the application deadline will result in the application being excluded from consideration. This includes but is not limited to late and incomplete application packages.

Eligible Applicants: Any entity participating in a Cooperative Ecosystem Studies Unit (CESU) is eligible to apply.

Cost Sharing or Matching: Non-Federal cost sharing is not required to be eligible for an award under this NOFO.

Section D: Application and Submission Information

1. Address to Request Application Package An application package has been included within this NOFO for your convenience, found in Appendix A. The Application Package contains three mandatory forms, which must be submitted with your proposal, forms include: form SF-424 (Application for Financial Assistance), form SF-424A (Budget Information), and form SF-424B (Assurances). The Application Package can also be accessed and downloaded from the Synopsis page of this announcement in Grants.gov.

2. Contents and Form of Application Submission You must complete the mandatory forms and any applicable optional forms, in accordance with the instructions below, as required by this NOFO. Do not include any proprietary or personally identifiable information. A complete application should include:

· Standard Form 424 (SF 424) - Application for Federal Assistance Complete this form as much as possible with all applicable information.

· Standard Form 424A (SF 424A) - Budget Information The project budget shall include detailed information on all cost categories and must clearly identify all project costs. Unit costs shall be provided for all budget items including the cost of work to be provided by contractors or sub-recipients. In addition, applicants shall include a narrative description of the items included in the project budget, including the value of in-kind contributions of goods and services provided to complete the project when cost share is identified to be included (reference section C of this announcement). Cost categories can include, but are not limited to, those costs items included on the SF424A.

· Standard Form 424B (SF 424B) – Assurances This form must be signed and submitted with your application.

· Project Narrative - Proposal Submission Format The proposal is a narrative description that should specifically address each of the review criteria (see Section E). The proposal text must be no longer than 10 pages, no smaller than font size 11, and have 1-inch margins. The 10-page limit includes all text, figures, references, and resumes (Forms SF-424, SF-424A, SF-424B, and the statement of indirect charges are not counted as part of the 10-page limit). Additionally, only information that is pertinent to the proposal should be included.

· Indirect Costs If your proposed budget includes indirect costs, the rate as proposed must meet the requirements of 2 CFR Part 200, Section 200.414 and 2 CFR Part 200, Appendix III through Appendix VII as applicable. The negotiated indirect cost rate agreement for CESU-member institutions must be provided with your proposal. Proposals that fail to document their indirect costs may have those costs disallowed.

· Other Documents Required by the Program All applicants must provide a statement to identify whether or not any overlap exists between the proposed project and any other active or anticipated projects in terms of activities, costs, or time commitment of key personnel, including any application that was submitted for funding consideration to any other potential funding source (Federal or non-Federal). If no overlap or duplication exists, a sample statement to satisfy this requirement might be: “[Insert Applicant Name] affirms that no overlap or duplication exists between the proposed project in this application and any other active or anticipated project in terms of activities, costs, or time commitment of key personnel, including any application that was submitted for funding consideration to any other potential funding source (Federal or non-Federal).” If any overlap or duplication does exist, applicants must provide a description of the overlap including when the overlapping or duplicative proposal(s) were submitted, to whom (entity and program), and when funding decisions are expected to be announced. The statement and the description of overlap or duplication, when applicable, may be provided within the proposal or as a separate attachment to the application. If at any time a proposal is awarded funds that would be overlapping or duplicative of the funding requested from NPS, the applicant must immediately notify the NPS point of contact. Any overlap or duplication of funding between the proposed project and other active or anticipated projects may impact selection and/or funding amount.

If selected for award, NPS reserves the right to request additional or clarifying information for any reason deemed necessary, including, but not limited to:

· Other budget information

· Financial capability

· Evaluation of risk

· Name and phone number of the Designated Responsible Employee for complying with national policies prohibiting discrimination (See 43 C.F.R. § 17)

3. Unique entity identifier and System for Award Management (SAM) Each applicant (unless exempt under 2 CFR §25.110) is required to:

a. Be registered in SAM;

b. Provide a valid unique entity identifier in its application (currently a DUNS number);

c. Continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency.

Registration processes for SAM can be found at https://www.sam.gov.

A financial assistance agreement will not be made with a non-Federal entity until the non-Federal entity has complied with all applicable unique entity identifier and SAM requirements. If a non-Federal entity has not fully complied with the requirements by the time that an agreement is ready for award, a determination may be made that the applicant is not qualified to receive a Federal award. That determination may be used as a basis for making a Federal award to another applicant.

In addition, in order to submit an application through Grants.gov an applicant must have an active SAM registration and register for submission permissions through the Grants.gov website. Utilize the following link to guide you through this process: http://www.grants.gov/web/grants/applicants/organization-registration.html

4. Submission Dates and Times Applicants are held responsible for their proposals being submitted to the National Park Service. Applications must be received by July 31, 2020, 11:59pm PDT. Applicants are encouraged to submit the application well before the deadline.

Application preparation time may take several weeks, so please start the application process as soon as possible. Applications received after the deadline will not be reviewed or considered for award. If it is determined that a proposal was not considered due to lateness, the applicant will be notified during the selection process.

5. Intergovernmental Review This funding opportunity is not subject to Executive Order (EO) 12372 “Intergovernmental Review of Federal Programs.” Applicants subject to EO 12372 must contact their State’s Single Point of Contact (SPOC) to find out about and comply with the State’s process. The names and addresses of the SPOC’s are listed in the OMB’s home page at: http://www.whitehouse.gov/omb/grants_spoc/

6. Funding Restrictions Costs incurred by the applicant prior to the start date of the period of performance of a signed Federal award are only allowable with written approval by a Financial Assistance Awarding Officer.

7. Other Submission Requirements Applications must be submitted in grants.gov to the National Park Service by the deadline identified in paragraph 4 above. Applications submitted by other means or not received by the deadline will not be considered.

In the event the applicant experiences technical difficulties with submitting their application, please contact: Jason Whitehead, Financial Assistance Awarding Officer, at jason_whitehead@nps.gov

Section E: Application Review Information

1. Criteria NPS will evaluate and consider only those applications that separately address each of the merit review criteria. Each applicant is required to provide a detailed narrative, in accordance with section D.2., of the following criteria elements. It is HIGHLY recommended that the project narrative has sections labeled as follows:

Criterion 1

Criterion 2

Proposals should explicitly demonstrate:

· The applicant’s approach to designing and implementing the training project.

· The applicant’s ability to provide skilled trainers to manage the project and direct others in proper tool use and preservation techniques.

· The applicant’s ability to structurally stabilize the building, inventory structural components, and plan for future work on the structure.

Expected project products include:

· Draft Final Report

· Database, Collections/Specimens, Archives and Maps

· Final Report

· Project Closeout – End of project discussion and review

Criterion 3

2. Review and Selection Process NPS personnel, and in some cases independent reviewers, will review all proposals. All proposals for funding will be considered using the criteria outlined above. A summary of the review panel comments may be provided to the applicant if requested.

a. Initial Review Prior to conducting the comprehensive merit review, an initial review will be performed to determine whether: (1) the applicant is eligible for an award; (2) the information required by the NOFO has been submitted; (3) all mandatory requirements of the NOFO are satisfied; and (4) the proposed project is responsive to the program objectives of the NOFO (program determination). If an applicant fails to meet the requirements or objectives of the NOFO or does not provide enough information for review, the applicant will be considered non-responsive and eliminated from further review.

b. Comprehensive Merit Review All applications that satisfactorily pass the initial review will be eligible for the Comprehensive Merit Review. Each criteria element will be scored on a 0-10 point scale:

The following numerical rating values may be assigned: 10, 9, 8, 7, 6, 5, 4, 3, 2, 1, and 0. The scoring of each criterion must be based on the strengths and weaknesses of the application narrative. To assist in assigning an appropriate score, the following will be used as a guideline:

c. Selection The Selection Official may consider the merit review recommendation, program policy factors ,and the amount of funds available to select applications for funding.

d. Discussions and Award The Government may enter into discussions with a selected applicant for any reason deemed necessary, including, but not limited to: (1) only a portion of the application is selected for award; (2) the Government needs additional information to determine that the applicant is capable of complying with the requirements of DOI Financial Assistance Regulations, and/or (3) additional specific terms and conditions are required. Failure to satisfactorily resolve the issues identified by the Government may preclude award to the applicant.

3. Evaluation of Applicant Risk In accordance with 2 C.F.R. § 200.205, applications selected for funding will be subject to a pre-award risk assessment which may include a review of information contained within the applicant’s proposal, past audits, Federal Awardee Performance and Integrity Information System (FAPIIS), and/or past performance on previous Federal financial assistance awards. Negative information that leads to an applicant being designated as “Medium Risk” or “High Risk” may result in specific conditions, as identified in 2 C.F.R. § 200.207, being incorporated into the final award.

Section F: Federal Award Administration Information

1. Federal Award Notices Upon being selected for the award, successful applicants will receive a notification of the selection of their application for funding. NPS will notify the applicant selected for award by August 21, 2020. A notice of selection is not an authorization to begin performance on an agreement. This notice will detail the next steps in the awarding process. Once all clearances and reviews have been conducted, a cooperative agreement will be sent for signature.

Work cannot begin before the non-Federal entity receives a fully executed copy of the cooperative agreement which contains the signature of the Financial Assistance Awarding Officer. Any pre-award costs incurred prior to the receipt of a signed agreement or written notice signed by a Financial Assistance Awarding Officer authorizing pre-award costs, is at the applicant’s own risk. A signed cooperative agreement signed by a Financial Assistance Awarding Officer is the only authorizing document to begin performance.

Organizations whose applications have not been selected will be advised as promptly as possible.

2. Administrative and National Policy Requirements

a. Code of Federal Regulations (CFR) By accepting Federal financial assistance, the non-Federal entity agrees to abide by the applicable Federal regulations in the expenditure of Federal funds and performance under this program: 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards

b. Standard Award Terms and Conditions Acceptance of a Federal financial assistance award from the Department of the Interior carries with it the responsibility to be aware of and comply with the terms and conditions of the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to, and as approved by the Financial Assistance Awarding Officer. All financial assistance awards are subject to the terms and conditions incorporated either directly or by reference in the award document. Code of Federal Regulations/Regulatory Requirements, as applicable, are listed within Appendix B of this announcement (Contact the Financial Assistance Awarding Officer with any questions regarding the applicability of any terms and conditions).

· 2 C.F.R. Part 175 - Trafficking Victims Protection Act of 2000

· 2 C.F.R. Parts 182 & 1401 - Government-wide Requirements for a Drug-Free Workplace

· 2 C.F.R. Parts 180 & 1400 - Government-wide Debarment and Suspension (Non-procurement)

· 43 CFR. 18 - Restrictions on Lobbying

c. Order of Precedence Any inconsistency in the agreement shall be resolved by giving precedence in the following order: (a) Any national policy requirements and administrative management standards; (b) 2 C.F.R. Part 200, in its entirety; (c) requirements of the applicable OMB Circulars and Treasury regulations; (d) special terms and conditions; (e) all agreement sections, documents, exhibits, and attachments; (f) and the non-Federal Entity’s project proposal.

d. Modifications The agreement may be modified by written agreement signed by both the non-Federal entity’s Authorized Representative and the Financial Assistance Awarding Officer. Administrative changes (i.e. Financial Assistance Awarding Officer name change, etc.) which do not change the statement of work, agreement amount, etc., or otherwise affect the non-Federal entity may be signed unilaterally by the Financial Assistance Awarding Officer. Additionally, a unilateral modification may be utilized if it should become necessary to impose remedies for non- compliance, suspension or termination of the agreement in accordance with 2 CFR 200, Section 200.338 – 200.342.

All other changes shall be made by means of a bilateral modification to the agreement. No oral statement made by any person, or written statement by any person other than the NPS Financial Assistance Awarding Officer shall be allowed in any manner or degree to modify or otherwise effect the terms of the agreement.

e. Payments All applicants must be registered in the System for Awards Management (SAM) prior to award under this NOFO. Instructions for registering for SAM are located at http://www.sam.gov/portal/public/SAM. All applicants must always maintain an active SAM registration with current information while they have an active Federal award or an application under consideration.

All applicants must also be registered with, and willing to process all payments through, the Department of the Treasury Automated Standard Application for Payments (ASAP) system. All non-Federal entities with active NPS financial assistance agreements must be enrolled in ASAP under the appropriate Agency Location Code(s) (ALC) and the Data Universal Number System (DUNS) Number prior to the award of funds. If a non-Federal has multiple DUNS numbers they must separately enroll within ASAP for each unique DUNS Number and/or Agency. Note that if your entity is currently enrolled in the ASAP system with an agency other than NPS, you must enroll specifically with NPS in order to process payments.

f. Funding Restrictions All funding is contingent upon the availability and appropriation of funds by the United States Congress.

g. Cost Principles Costs must be allowable in accordance with the applicable Federal cost principles referenced in 2 CFR Part 200, Subpart E – Cost Principles.

h. Pre-award Costs Must comply with 2 CFR Part 200.458 and requires written approval from the Financial Assistance Awarding Officer.

3. Reporting

a. Financial Status Reports A report of expenditures is required as documentation of the financial status of awards according to the official accounting records of the non-Federal entity. The financial information will be reported by completing and submitting the Federal Financial Report (FFR), SF425. At a minimum, financial reports will be required annually and shall be submitted within 90 calendar days after the end of the annual reporting period. The Financial Assistance Awarding Officer may designate a reporting schedule requiring more frequent reporting based on the assessment of risk. The reporting requirements will be defined within the stand-alone cooperative agreement. A final FFR shall be submitted no more than 90 calendar days after the end date of the agreement.

The FFR can be downloaded at:

https://www.grants.gov/web/grants/forms/sf-424-family.html

The NPS Financial Assistance Awarding Officer will review the report for patterns of cash expenditures and assess whether performance or financial management problems exist. Before submitting the FFR to the NPS Financial Assistance Awarding Officer, the non-Federal entity must ensure that the information submitted is accurate, complete, and consistent with the non-Federal entity’s accounting system. The non-Federal entity’s Authorized Certifying Official’s signature on the FFR certifies that the information in the FFR is correct and complete and that all outlays and obligations are for the purposes set forth in the agreement documents, and represents a claim to the Federal Government. Filing a false claim may result in the imposition of civil or criminal penalties.

b. Performance Reports A report of performance is required as documentation of performance towards the accomplishments of the Federal award and detailing project activity and participant profile information. At a minimum, performance reports will be required annually and shall be submitted within 90 calendar days after the end of the annual reporting period. The Financial Assistance Awarding Officer may designate a reporting schedule requiring more frequent reporting based on the assessment of risk. The reporting requirements will be defined within the stand-alone cooperative agreement. A final performance report shall be submitted no more than 90 calendar days after the end date of the agreement.

In accordance with 2 C.F.R. 200 § 200.328, the performance reports shall contain brief information on:

(1) A comparison of actual accomplishments to the objectives of the Federal award established for the period. Where the accomplishments of the Federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) may be required if that information will be useful. Where performance trend data and analysis would be informative to the Federal awarding agency program, the Federal awarding agency should include this as a performance reporting requirement;

(2) The reasons why established goals were not met, if appropriate; and

(3) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.

Before submitting the performance report to the NPS Financial Assistance Awarding Officer, the non-Federal entity must ensure that the information submitted is accurate, complete, and consistent with the non-Federal entity’s Federal financial report. Filing false information may result in the imposition of civil or criminal penalties.

c. Non-Compliance Failure to comply with the reporting requirements contained in an agreement may be considered a material non-compliance with the terms and conditions of the award. Non-compliance may result in withholding of future payments, suspension or termination of the agreement, recovery of funds paid under the agreement, and the withholding of future awards. The specific information regarding type, frequency and means of submission of post-Federal award reporting requirements will be contained in the award document.

Section G: Federal Awarding Agency Contacts

Agency Contact Information: Jason Whitehead, Financial Assistance Awarding Officer, jason_whitehead@nps.gov

Section H: Other Information:

1. Program Information

a. This project is a one-time initiative.

b. The Mojave National Preserve is submitting one other notices of competitive funding opportunity for cultural resources projects in FY 2020.

2. Proprietary and Personally Identifiable Information

a. Notice of Potential Disclosure under Freedom of Information Act Applicants should be advised that identifying information regarding all applicants, including applicant names and/or points of contact, may be subject to public disclosure under the Freedom of Information Act, whether or not such applicants are selected for negotiation of award. Applicants must identify any proprietary information within their applications.

b. Personally Identifiable Information In responding to this NOFO, applicants must ensure that Protected Personally Identifiable Information (PII) is not included in the following documents: Project Abstract, Project Narrative, Biographical Sketches, Budget or Budget Justification. These documents will be used by the Merit Review Committee in the review process to evaluate each application. PII is defined by the Office of Management and Budget (OMB) as:

Any information about an individual maintained by an agency, including but not limited to, education, financial transactions, medical history, and criminal or employment history and information that can be used to distinguish or trace an individual’s identity, such as their name, social security number, date and place of birth, mother’s maiden name, biometric records, etc., including any other personal information that is linked or linkable to an individual. This definition of PII can be further defined as: (1) Public PII and (2) Protected PII.

Public PII:

PII found in public sources such as telephone books, public websites, business cards, university listing, etc. Public PII includes first and last name, address, work telephone number, email address, home telephone number, and general education credentials.

Protected PII:

PII that requires enhanced protection. This information includes data that if compromised could cause harm to an individual such as identity theft.

3. Routine Notices to Applicants

a. Modification or Changes to the Notice of Funding Opportunity Notices of any modifications to this NOFO will be posted on Grants.gov. You can receive an email when a modification or an announcement message is posted. When you download the application at Grants.gov; you can also register to receive notifications of changes through Grants.gov.

b. Government Right to Reject or Negotiate NPS reserves the right, without qualification, to reject any or all applications received in response to this announcement and to select any application, in whole or in part, as a basis for negotiation and/or award.

c. Evaluation and Administration by Non-Federal Personnel In conducting the merit review evaluation, the Government may seek the advice of qualified non-Federal personnel as reviewers. The Government may also use non-Federal personnel to conduct routine, nondiscretionary administrative activities. The applicant, by submitting its application, consents to the use of non-Federal reviewers/administrators. Non-Federal reviewers must sign conflict of interest and non-disclosure agreements prior to reviewing an application. Non-Federal personnel conducting administrative activities must sign a nondisclosure agreement.

d. Notice of Right to Conduct a Review of Financial Capability NPS reserves the right to conduct an independent third-party review of financial capability for applicants that are selected for negotiation of award (including personal credit information of principal(s) of a small business if there is insufficient information to determine financial capability of the organization).

Appendix A - Application Package Forms SF 424, SF 424A, SF 424B

Appendix B - NPS Standard and Special Award Terms and Conditions

This appendix provides the standard and special terms and conditions for financial assistance agreements awarded by the National Park Service to assist applicants in developing proposals in response to this Notice of Funding Opportunity. It is the responsibility of the non-Federal entity to review the final terms and conditions incorporated into any resulting financial assistance agreement at the time of award as the terms and conditions in this appendix are subject to change based on executive orders, changes to regulations, or changes to policy. Additional award specific terms and conditions may also be included in any resulting financial assistance agreement based on program requirements or evaluation of applicant risk.

1. PAYMENT

a. Projects will be funded, subject to the availability of funds, by issuance of a grant agreement, cooperative agreement, or master cooperative agreement with subsequent task agreements. An agreement issued and signed by the NPS Financial Assistance Awarding Officer obligates NPS funds. Notification of a successful proposal does not constitute authority to incur costs. Once the grant agreement, cooperative agreement, and subsequent task agreements (if applicable) for a successful proposal has been signed by the NPS Financial Assistance Awarding Officer, the recipient may incur costs as specified in the approved budget submittal.

b. Method of Payment. Payment will be made by advance and/or reimbursement through the Department of Treasury’s Automated Standard Application…