FY_2020_THSGP_NOFO_Final_2.12.2020_508AB2.pdf

FY 2020 THSGP NOFO

The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO)

Fiscal Year 2020 Tribal Homeland Security Grant Program (THSGP)

NOTE: If you are going to apply for this funding opportunity and have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take four weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information. Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at:

http://www.grants.gov/web/grants/register.html. Detailed information regarding DUNS and SAM is also provided in Section D of this NOFO, subsection, Content and Form of Application Submission.

A. Program Description

1. Issued By Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD)

2. Assistance Listing Number (formerly Catalog of Federal Domestic Assistance Number) 97.067

3. Assistance Listings Title (formerly CFDA Title) Homeland Security Grant Program

4. Notice of Funding Opportunity Title Tribal Homeland Security Grant Program

5. NOFO Number

DHS-20-GPD-067-00-02

6. Authorizing Authority for Program Section 2005 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended)(6 U.S.C. § 606)

7. Appropriation Authority for Program Department of Homeland Security Appropriations Act, 2020 (Pub. L. No. 116-93)

8. Announcement Type New http://www.grants.gov/web/grants/register.html

9. Program Overview, Objectives, and Priorities

Overview The Fiscal Year (FY) 2020 Tribal Homeland Security Grant Program (THSGP) is one of three grant programs that constitute the Department of Homeland Security (DHS)/Federal Emergency Management Agency’s (FEMA’s) focus on enhancing the ability of state, local, tribal and territorial governments, as well as nonprofits, to prevent, protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the nation’s communities against potential terrorist attacks. Among the five basic homeland security missions noted in the 2018 DHS Quadrennial Homeland Security Review, the THSGP supports the goal to Strengthen National Preparedness and Resilience.

The 2018-2022 FEMA Strategic Plan creates a shared vision for reducing the risks posed by terrorism and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. The THSGP supports the goals of Building a Culture of Preparedness and of Readying the Nation for Catastrophic Disasters. We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient nation.

Finally, for FY 2020, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other emerging threats to our national security. DHS and its homeland security mission were born from the “failures among federal agencies and between the federal agencies and state and local authorities to share critical information related to the threat of terrorism” prior to the September 11, 2001, attacks.1 The threat profile has changed in the last two decades – we now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, threats to our democratic election process and threats from new and emerging technologies. But information sharing and cooperation between state, local, and tribal authorities and federal agencies, including all DHS officials, is just as vital, and perhaps even more vital, today. Therefore, for FY 2020, we have identified three priority areas, tied to some of the most serious threats that recipients should address with their THSGP funds. Perhaps most importantly, DHS will be focused on forging partnerships to strengthen information sharing and collaboration in each of these priority areas and looking for recipients to remove barriers to communication and cooperation with DHS and other federal agencies.

Objectives THSGP provides funding directly to eligible tribes to strengthen their capacities to prevent, prepare for, protect against, and respond to potential terrorist attacks.

1 Homeland Security Act of 2002: Report Together with Minority and Dissenting Views 222, Select Committee on Homeland Security: 107th Congress, U.S. House of Representatives (2002) (H. Rpt. 107- 609).

Priorities Given the evolving threat landscape, it is incumbent upon DHS/FEMA to continuously evaluate the national risk profile and set priorities that help ensure appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2020, three areas attract the most concern:

1) Enhancing cybersecurity;

2) Enhancing the protection of soft targets/crowded places; and,

3) Addressing emerging threats (e.g., transnational criminal organizations, weapons of mass destruction [WMD], unmanned aerial systems [UASs], etc.).

Likewise, there are several enduring security needs that crosscut the homeland security enterprise. The following are second-tier priorities that help recipients implement a comprehensive approach to securing communities:

1) Effective planning;

2) Training and awareness campaigns;

3) Equipment and capital projects; and

4) Exercises.

The table below provides a breakdown of these priority areas for the FY 2020 THSGP, showing both the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual. As discussed in Section E, investments that sufficiently address one or more of the three National Priorities (enhancing cybersecurity; enhancing the projection of soft targets/crowded places; or addressing emerging threats) will have their final review scores increased by a multiplier of twenty (20) percent.

FY 2020 THSGP Funding Priorities Priority Areas Core Capabilities Lifelines Example Project Types

National Priorities Enhancing Cybersecurity

• Cybersecurity

• Intelligence and information sharing

• Safety and security

• Cybersecurity risk assessments

• Projects that address vulnerabilities identified in cybersecurity risk assessments o Improving cybersecurity of critical infrastructure to meet minimum levels identified by CISA o Cybersecurity training and planning https://www.fema.gov/media-library/assets/documents/178291

Priority Areas Core Capabilities Lifelines Example Project Types Enhancing the Protection of Soft Targets/Crowded Places

• Operational coordination

• Public information and warning

• Intelligence and information sharing

• Interdiction and disruption

• Screening, search, and detection

• Access control and identity verification

• Physical protective measures

• Risk management for protection programs and activities

• Safety and security

• Physical security enhancements o Security cameras (CCTV) o Security screening equipment for people and baggage o Lighting o Access controls

• Fencing, gates, barriers, etc.

Addressing Emerging Threats, such as Transnational Criminal Organizations, WMD and UAS

• Interdiction and disruption

• Screening, search and detection

• Physical protective measures

• Intelligence and information sharing

• Safety and security

• Chemical Biological Radiological Nuclear and Explosive (CBRNE) detection, prevention, response, and recovery equipment

• UAS detection technologies

Enduring Needs Planning • Planning

• Risk management for protection programs & activities

• Risk & disaster resilience assessment

• Threats and hazards identification

• Operational coordination

• Safety and security

• Development of:

o Security Risk Management Plans o Continuity of Operations Plans o Response Plans

• Efforts to strengthen governance integration between/among regional partners

Training & Awareness

• Long-term vulnerability reduction

• Public information & warning

• Safety and security

• Active shooter training

• Security training for employees

• Public awareness/preparedness campaigns

Equipment & Capital Projects

• Long-term vulnerability reduction

• Infrastructure systems

• Operational communications

• Interdiction & disruption

• Screening, search & detection

• Access control & identity verification

• Physical protective measures

• Safety and security

• Protection of high-risk, high-consequence areas or systems that have been identified through risk assessments

Exercises • Long-term vulnerability reduction

• Safety and security

• Response exercises

DHS/FEMA also requires THSGP recipients to complete a THIRA/SPR and to prioritize grant funding to support closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional information on the THIRA/SPR process, including other National Preparedness System (NPS) tools and resources, can be found at https://www.fema.gov/national-preparedness-system.

10. Performance Metrics

Performance metrics for this program are as follows:

• Percentage of funding allocated by the recipient to core capabilities to build or sustain the national priorities identified in the section above.

B. Federal Award Information

Award Amounts, Important Dates, and Extensions

1. Available Funding for the THSGP: $15 million

2. Period of Performance: 36 months

3. Projected Period of Performance Start Date(s): September 1, 2020

4. Projected Period of Performance End Date(s): August 31, 2023

5. Funding Instrument: Grant

C. Eligibility Information

1. Eligible Applicants

Directly eligible tribes

2. Eligibility Criteria To be eligible to receive THSGP funding, recipients must be directly eligible Tribes.

Directly eligible tribes are Federally recognized tribes that meet the criteria set forth in Section 2001 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 601).

Federally recognized tribes are those tribes appearing on the list published by the Secretary of the Interior pursuant to the Federally Recognized Indian Tribe List Act of 1994 (Pub. L. No. 103-454) (25 U.S.C. § 5131).

Per 6 U.S.C. § 601(4), a “directly eligible Tribe” is any Federally recognized Indian Tribe that meets the following criteria:

(A) Any Indian Tribe―

(i) that is located in the continental United States;

https://www.fema.gov/national-preparedness-system

(ii) that operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services;

(iii)

(I) that is located on or near (100 miles) an international border or a coastline bordering an ocean (including the Gulf of Mexico) or international waters;

(II) that is located within 10 miles of a system or asset included on the prioritized critical infrastructure list established under section [2214(a)(2) of the Homeland Security Act of 2002, as amended (6 U.S.C. § 124l(a)(2)] or has such a system or asset within its territory;

(III) that is located within or contiguous to one of the 50 most populous metropolitan statistical areas in the United States; or

(IV) the jurisdiction of which includes not less than 1,000 square miles of Indian country, as that term is defined in section 1151 of title 18, United States Code; and

(iv) that certifies to the Secretary [of Homeland Security] that a state has not provided funds under [section 2003 (UASI) or 2004 (SHSP) of the Homeland Security Act of 2002, as amended (6 U.S.C. § 604 or 605, respectively)] to the Indian Tribe or consortium of Indian Tribes for the purpose for which direct funding is sought; and

(B) A consortium of Indian Tribes, if each tribe satisfies the requirements of subparagraph (A).

In summary, directly eligible tribes must meet each of the requirements set forth in (A)(i), (A)(ii), and (A)(iv). Tribes must also meet at least one of the requirements set forth in (A)(iii), that is either (A)(iii)(I), (A)(iii)(II), (A)(iii)(III), or (A)(iii)(IV). Finally, under subparagraph (B), a consortium may also be eligible to be a recipient if each Indian Tribe in the consortium meets the criteria for a directly eligible tribe under subparagraph (A).

In FY 2020, applicants must self-certify as to whether they meet the eligibility requirements. Self-certification will be provided on the THSGP Eligibility Certification Form as part of the application Investment Justification (IJ). Additionally, DHS/FEMA will verify grant recipient eligibility against these criteria. Any questions regarding an applicant’s proximity to a Critical Infrastructure (CI) site, as described in the eligibility criteria, may be directed to the State Administrative Agency (SAA) for the state with which the Tribe shares a border. The State Administrative Agency Contacts List can be found at http://www.fema.gov/media-library/assets/documents/28689?id=6363.

http://www.fema.gov/media-library/assets/documents/28689?id=6363

3. Other Eligibility Criteria

National Incident Management System (NIMS) Implementation Prior to allocation of any Federal preparedness awards in FY 2020, recipients and subrecipients must ensure and maintain adoption and implementation of NIMS. Detailed information on NIMS requirements are in the Preparedness Grants Manual.

4. Cost Share or Match

Cost share or cost match is not required under this program.

D. Application and Submission Information

Key Dates and Times

1. Date Posted to Grants.gov: February 14, 2020

2. Application Submission Deadline: April 15, 2020 at 5 p.m. ET

All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted.

Applicants will receive an electronic message confirming receipt of the full application.

DHS/FEMA will not review applications that are received after the deadline or consider these late applications for funding. DHS/FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of an applicant’s control that prevent submission of the application by the deadline or other exigent or emergency circumstances.

Applicants experiencing technical issues must notify the FEMA Headquarters (HQ) Program Analyst prior to the application deadline. If applicants do not know their FEMA HQ Program Analyst or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368- 6498 or by e-mail at askcsid@fema.gov, Monday through Friday, 9 a.m. – 5 p.m. ET.

3. Anticipated Funding Selection Date: No later than July 1, 2020

4. Anticipated Award Date: No later than September 30, 2020

5. Other Key Dates:

Event Suggested Deadline For Completion Obtain DUNS Number 3/1/2020 Obtain a valid Employer Identification Number (EIN) 3/1/2020

Update SAM registration 3/1/2020 mailto:askcsid@fema.gov

6. Agreeing to Terms and Conditions of the Award

By submitting an application, the applicant agrees to comply with the requirements of this NOFO and the terms and conditions of its award should it receive an award.

7. Address to Request Application Package

Application forms and instructions are available on Grants.gov. To access these materials, go to http://www.grants.gov, select “Applicants” then “Apply for Grants. Hard copies of the NOFO and associated application materials are not available. In order to obtain the application package, select “Download a Grant Application Package.” Enter the Assistance Listings (formerly CFDA) and/or the funding opportunity number located on the cover of this NOFO, select “Download Package,” and then follow the prompts to download the application package.

In addition, the following Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice and all relevant NOFOs is (800) 462-7585. Initial applications are processed through the Grants.gov portal. Final applications are completed and submitted through FEMA’s Non-Disaster Grants (ND Grants) System. Application forms and instructions are available at Grants.gov. Applications will be processed through the Grants.gov portal and ND Grants.

8. Steps Required to Submit an Application, Unique Entity Identifier, and System for Award Management (SAM) To apply for an award under this program, all applicants must:

a. Apply for, update, or verify their Data Universal Numbering System (DUNS)

Number from Dun & Bradstreet (D&B) and Employer ID Number (EIN)

b. In the application, provide a valid Data Universal Numbering System DUNS number, which is currently the unique entity identifier;

c. Have an account with login.gov;

d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;

e. Create a Grants.gov account;

f. Add a profile to a Grants.gov account;

g. Establish an Authorized Organizational Representative (AOR) in Grants.gov;

h. Submit initial application in Grants.gov;

i. Submit the final application in the ND Grants System; and

j. 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.

Submit initial application in Grants.gov 4/8/2020

Submit final application in ND Grants 4/15/2020, 5 p.m. ET http://www.grants.gov/ https://www.login.gov/ https://portal.fema.gov/famsVuWeb/home

Applicants are advised that DHS may not make a federal award until the applicant has complied with all applicable DUNS and SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when DHS is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, DHS may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

9. Electronic Delivery

DHS/FEMA is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS/FEMA requires applicants to submit their initial applications online through Grants.gov and to submit final applications through ND Grants.

10. How to Register to Apply through Grants.gov

a. Instructions: Registering in Grants.gov is a multi-step process. Read the instructions below about registering to apply for DHS funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.

The registration process can take up to four weeks to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required application submission deadlines. Organizations must have a Data Universal Numbering System (DUNS) Number, active System for Award Management (SAM) registration, and Grants.gov account to apply for grants. If individual applicants are eligible to apply for this grant funding opportunity, then you may begin with step 3, Create a Grants.gov account, listed below.

Creating a Grants.gov account can be completed online in minutes, but DUNS and SAM registrations may take several weeks. Therefore, an organization's registration should be done in sufficient time to ensure it does not impact the entity's ability to meet required application submission deadlines. Complete organization instructions can be found on Grants.gov here:

https://www.grants.gov/web/grants/applicants/organization-registration.html

1) Obtain a DUNS Number: All entities applying for funding, including renewal funding, must have a DUNS number from Dun & Bradstreet (D&B). Applicants must enter the DUNS number in the data entry field labeled "Organizational DUNS" on the SF-424 form.

For more detailed instructions for obtaining a DUNS number, refer to:

https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html http://www.grants.gov/ https://portal.fema.gov/ http://www.grants.gov/ https://www.grants.gov/web/grants/applicants/organization-registration.html https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html

2) Register with SAM: All organizations applying online through Grants.gov must register with the System for Award Management (SAM). Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually.

For more detailed instructions for registering with SAM, refer to:

https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html

3) Create a Grants.gov Account: The next step is to register an account with Grants.gov. Follow the on-screen instructions or refer to the detailed instructions here: https://www.grants.gov/web/grants/applicants/registration.html

4) Add a Profile to a Grants.gov Account: A profile in Grants.gov corresponds to a single applicant organization the user represents (i.e., an applicant) or an individual applicant. If you work for or consult with multiple organizations and have a profile for each, you may log in to one Grants.gov account to access all of your grant applications. To add an organizational profile to your Grants.gov account, enter the DUNS Number for the organization in the DUNS field while adding a profile.

For more detailed instructions about creating a profile on Grants.gov, refer to:

https://www.grants.gov/web/grants/applicants/registration/add-profile.html

5) EBiz POC Authorized Profile Roles: After you register with Grants.gov and create an Organization Applicant Profile, the organization applicant's request for Grants.gov roles and access are sent to the EBiz POC. The EBiz POC will then log in to Grants.gov and authorize the appropriate roles, which may include the AOR role, thereby giving you permission to complete and submit applications on behalf of the organization. You will be able to submit your application online any time after you have been assigned the AOR role.

For more detailed instructions about creating a profile on Grants.gov, refer to:

https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html

6) Track Role Status: To track your role request, refer to:

https://www.grants.gov/web/grants/applicants/registration/track-role-status.html

7) Electronic Signature: When applications are submitted through Grants.gov, the name of the organization applicant with the AOR role that submitted the application is inserted into the signature line of the application, serving as the electronic signature. The EBiz POC must authorize people who are able to make legally binding commitments on behalf of the organization as a user with the AOR role; this step is often missed, and it is crucial for valid and timely submissions.

https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.grants.gov/web/grants/applicants/registration.html https://www.grants.gov/web/grants/applicants/registration/add-profile.html https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html https://www.grants.gov/web/grants/applicants/registration/track-role-status.html

11. How to Submit an Initial Application to DHS/FEMA via Grants.gov Grants.gov applicants can apply online using Workspace. Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different webforms within an application. For each NOFO, you can create individual instances of a workspace.

Below is an overview of applying on Grants.gov. For access to complete instructions on how to apply for opportunities using Workspace, refer to:

https://www.grants.gov/web/grants/applicants/workspace-overview.html

a. Create a Workspace: Creating a workspace allows you to complete it online and route it through your organization for review before submitting.

b. Complete a Workspace: Add participants to the workspace to work on the application together, complete all the required forms online or by downloading PDF versions, and check for errors before submission. The Workspace progress bar will display the state of your application process as you apply. As you apply using Workspace, you may click the blue question mark icon near the upper-right corner of each page to access context-sensitive help.

c. Adobe Reader: If you decide not to apply by filling out webforms you can download individual PDF forms in Workspace. The individual PDF forms can be downloaded and saved to your local device storage, network drive(s), or external drives, then accessed through Adobe Reader.

NOTE: Visit the Adobe Software Compatibility page on Grants.gov to download the appropriate version of the software at:

https://www.grants.gov/web/grants/applicants/adobe-software-compatibility.html

d. Mandatory Fields in Forms: In the forms, you will note fields marked with an asterisk and a different background color. These fields are mandatory fields that must be completed to successfully submit your application.

e. Complete SF-424 Fields First: The forms are designed to fill in common required fields across other forms, such as the applicant name, address, and DUNS number.

To trigger this feature, an applicant must complete the SF-424 information first.

Once it is completed, the information will transfer to the other forms.

f. Submit a Workspace: An application may be submitted through workspace by clicking the Sign and Submit button on the Manage Workspace page, under the Forms tab. Grants.gov recommends submitting your application package at least 24- 48 hours prior to the close date to provide you with time to correct any potential technical issues that may disrupt the application submission.

https://www.grants.gov/web/grants/applicants/workspace-overview.html https://www.grants.gov/web/grants/applicants/adobe-software-compatibility.html

g. Track a Workspace Submission: After successfully submitting a workspace application, a Grants.gov Tracking Number (GRANTXXXXXXXX) is automatically assigned to the application. The number will be listed on the Confirmation page that is generated after submission. Using the tracking number, access the Track My Application page under the Applicants tab or the Details tab in the submitted workspace. For additional training resources, including video tutorials, refer to:

https://www.grants.gov/web/grants/applicants/applicant-training.html

h. Applicant Support: Grants.gov provides applicants 24/7 support via the toll-free number 1-800-518-4726 and email at support@grants.gov. For questions related to the specific grant opportunity, contact the number listed in the application package of the grant you are applying for. If you are experiencing difficulties with your submission, it is best to call the Grants.gov Support Center and get a ticket number.

The Support Center ticket number will assist DHS with tracking your issue and understanding background information on the issue.

12. Submitting the Final Application in the Non-Disaster Grants System (ND Grants) For assistance registering for the ND Grants system, please contact ndgrants@fema.gov or (800) 865-4076. For step-by-step directions on using the ND Grants system and other guides, please see https://www.fema.gov/non-disaster-grants-management-system.

After submitting the initial application in Grants.gov, eligible applicants will be notified by DHS/FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement or at the latest, seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their application.

13. Timely Receipt Requirements and Proof of Timely Submission

As application submission is a two-step process, the applicant with the Authorized Organization Representative (AOR) role who submitted the application will receive an acknowledgement of receipt, a tracking number (GRANTXXXXXXXX) from Grants.gov, and an Agency Tracking Number (EMX-2020-XX-XXXX) with the successful transmission of the initial application. This notification does not serve as proof of timely submission as the application is not complete until it is submitted in ND Grants. All applications must be received in ND Grants by 5 pm. Eastern Time on April 15, 2020. Proof of timely submission is automatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system-generated email to confirm receipt.

https://www.grants.gov/web/grants/applicants/applicant-training.html mailto:support@grants.gov mailto:ndgrants@fema https://www.fema.gov/non-disaster-grants-management-system https://www.grants.gov/ https://portal.fema.gov/

14. Content and Form of Application Submission

THSGP-Specific Application Instructions Prior to the application deadline, all THSGP applicants must submit the following as attachments in ND Grants:

• THSGP Investment Justification (OMB Control Number: 1660-0113/FEMA Form: 089-22), which is located in the “Related Documents” tab on Grants.gov;

and

• Self-certification form stating the Tribe’s eligibility per the Homeland Security Act of 2002, as amended (the self-certification is contained within the THSGP Investment Justification).

Priority Investments (THSGP)

Cybersecurity Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.

Soft Targets and Crowded Places Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, and similar facilities. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency.

Emerging Threats The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market. Due to the proliferation of such information and technologies, rogue nations and no-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned http://www.grants.gov/ https://www.cisa.gov/securing-soft-targets-and-crowded-places https://www.cisa.gov/securing-soft-targets-and-crowded-places aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the Cybersecurity and Infrastructure Security Agency.

15. Intergovernmental Review An intergovernmental review may be required. Applicants must contact their State’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372 (See https://www.archives.gov/Federal-register/codification/executive-order/12372.html; https://www.whitehouse.gov/wp-content/uploads/2017/11/SPOC-Feb.- 2018.pdf).

16. Funding Restrictions

Federal funds made available through this award may be used only for the purpose set forth in this award and must be consistent with the statutory authority for the award.

Award funds may not be used for matching funds for any other Federal award, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal Government or any other government entity.

For additional information on allowable costs and Funding Restrictions, please refer to the Preparedness Grants Manual.

17. Environmental Planning and Historic Preservation (EHP) Compliance

Information on Environmental Planning and Historic Preservation (EHP) compliance can be found in the Preparedness Grants Manual.

18. Emergency Communications and Resilience All entities using THSGP funding to support emergency communications investments are required to comply with the SAFECOM Guidance on Emergency Communications Grants (SAFECOM Guidance). More information on Emergency Communications can be found in the Preparedness Grants Manual.

19. Pre-Award Costs Pre-award costs are not allowable and will not be approved, with the exception of costs resulting from pre-award grant writing services provided by an independent contractor that shall not exceed $1,500.00. See the Authorized Use of Contractual Grant Writers and/or Grant Managers below for additional details and restrictions.

20. Cost Principles

Costs charged to this award must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. For more information on 2 C.F.R. Part 200, please visit https://www.fema.gov/media-library-data/1419366341862- 296dd0cc30bbf64a6b45581afe9d8b17/InformationBulletin400_2CFRPart200_FINAL.pd f.

https://www.dhs.gov/topic/weapons-mass-destruction https://www.cisa.gov/uas-critical-infrastructure https://www.cisa.gov/uas-critical-infrastructure https://www.archives.gov/federal-register/codification/executive-order/12372.html https://www.archives.gov/federal-register/codification/executive-order/12372.html https://www.whitehouse.gov/wp-content/uploads/2017/11/SPOC-Feb.-2018.pdf https://www.whitehouse.gov/wp-content/uploads/2017/11/SPOC-Feb.-2018.pdf https://www.fema.gov/media-library/assets/documents/178291 https://www.fema.gov/media-library/assets/documents/178291 https://www.dhs.gov/safecom/funding https://www.dhs.gov/safecom/funding https://www.fema.gov/media-library/assets/documents/178291 https://www.fema.gov/media-library-data/1419366341862-296dd0cc30bbf64a6b45581afe9d8b17/InformationBulletin400_2CFRPart200_FINAL.pdf https://www.fema.gov/media-library-data/1419366341862-296dd0cc30bbf64a6b45581afe9d8b17/InformationBulletin400_2CFRPart200_FINAL.pdf https://www.fema.gov/media-library-data/1419366341862-296dd0cc30bbf64a6b45581afe9d8b17/InformationBulletin400_2CFRPart200_FINAL.pdf

21. Direct Costs

Planning Planning costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

Organization Organization costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

Equipment Equipment costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

Training Training costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

Exercise Exercise costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

Personnel Activities Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to perform allowable THSGP planning, training, exercise, and equipment activities.

Please see the Preparedness Grants Manual for additional details.

Travel Domestic travel costs are allowed under this program, as provided for in this NOFO and the Preparedness Grants Manual. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.

Construction and Renovation Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds for construction or renovation. Additionally, recipients are required to submit a SF-424C Form and Budget detail citing the project costs.

Operational Overtime Operational Overtime costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

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Maintenance and Sustainment Maintenance and Sustainment costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

Critical Emergency Supplies Critical emergency supply costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

Secure Identification Secure Identification project costs are allowed under this program only as described in this NOFO and the Preparedness Grants Manual.

Management and Administration (M&A) Management and administration costs are allowed. Recipients may use up to 5 percent of the amount of the award for M&A. Where applicable, subrecipients may use up to 5 percent of the amount they receive for M&A. M&A activities are those defined as directly relating to the management and administration of THSGP funds, such as financial management and monitoring. Management and administrative expenses must be based on actual expenses or known contractual costs. M&A requests that are simple percentages of the award, without supporting justification, will not be allowed or considered for reimbursement.

M&A costs are not operational costs, they are the necessary costs incurred in direct support of the grant or as a consequence of the grant and should be allocated across the entire lifecycle of the grant. Examples include preparing and submitting required programmatic and financial reports, establishing and/or maintaining equipment inventory, documenting operational and equipment expenditures for financial accounting purposes, and responding to official informational requests from state and Federal oversight authorities.

Authorized Use of Contractual Grant Writers and/or Grant Managers A grant applicant may procure the services of a contractor to provide support and assistance for pre-award grant development services (grant writing) or post-award grant management and administrative services (grant management). As with all Federal grant-funded procurements, grant writer or grant management services must be procured in accordance with the Federal procurement standards at 2 C.F.R. §§ 200.317 – 200.326.

See FEMA/GPD Preparedness Grants Manual regarding Procurement Integrity, particularly the sections applicable to non-state entities that discuss organizational conflicts of interest under 2 C.F.R. § 200.319(a) and traditional conflicts of interest under 2 C.F.R. § 200.318(c)(1).

DHS/FEMA considers a contracted grant-writer to be an agent of the recipient for any subsequent contracts the recipient procures under the same Federal award for which the grant-writer provided grant writing services. Federal funds and funds applied to the award’s cost share generally cannot be used to pay a contractor to carry out the work if https://www.fema.gov/media-library/assets/documents/178291 https://www.fema.gov/media-library/assets/documents/178291 that contractor also worked on the development of such specifications. A state must follow the same policies and procedures it uses for procurements of its non-Federal funds, pursuant to 2 C.F.R. § 200.317.

Regardless of whether an applicant or recipient uses grant writing and/or grant management services, the recipient is solely responsible for the fiscal and programmatic integrity of the grant and its authorized activities and expenditures. The recipient must ensure adequate internal controls, including separation of duties, to safeguard grant assets, processes, and documentation, in keeping with the terms and conditions of its award, including this NOFO, and 2 C.F.R. Part 200.

Grant Writers Grant writing contractors may assist the applicant in preparing, writing, and finalizing grant application materials and assisting the applicant with handling online application and submission requirements in Grants.gov and ND Grants. Grant writers may assist in a variety of ways up to and including the actual submission of the application. Ultimately, however, the applicant that receives an award is solely responsible for all grant award and administrative responsibilities.

By submitting the application, applicants certify that all of the information contained therein is true and an accurate reflection of the organization and that regardless of the applicant’s intent, the submission of information that is false or misleading may result in actions by DHS/FEMA. These actions include, but are not limited to, the submitted application not being considered for award, temporary withholding of funding under the existing award pending investigation, or referral to the DHS Office of Inspector General.

To assist applicants with the cost of grant writing services, DHS/FEMA is permitting a one-time pre-award cost of no more than $1,500 per applicant per year for contractual grant writing services as part of the recipient’s M&A costs. This is only intended to cover costs associated with a grant writer and may not be used to reimburse an applicant for its own time and effort in the development of a grant application. Additionally, the applicant may be required to pay this fee with its own funds during the application preparation and submission period; if the applicant subsequently receives an award, it may then request to be reimbursed once grant funds become available for that cost, not to exceed $1,500. If the applicant does not receive an award, this cost will not be reimbursed by the Federal government. The applicant must understand this risk and be able to cover this cost if an award is not made.

If an applicant intends to request reimbursement for this one-time pre-award cost, it must include this request in its application materials, including in the budget section in each Investment Justification. Failure to clearly identify this as a separate cost in the application may result in its disallowance. This is the only pre-award cost eligible for reimbursement. Recipients must maintain grant writer fee documentation including, but not limited to, a copy of the solicitation, such as a quote request, rate request, invitation to bid, or request for proposals, if applicable; a copy of the grant writer’s contract http://www.grants.gov/ agreement; a copy of the invoice or purchase order; and a copy of the cancelled check or proof of payment. These records must be made available to DHS/FEMA upon request.

Pursuant to 2 C.F.R. Part 180, recipients may not use Federal grant funds to reimburse any entity, including a grant writer or preparer, if that entity is presently suspended or debarred by the Federal Government from receiving funding under Federally funded grants or contracts. Recipients must verify that the contractor is not suspended or debarred from participating in specified Federal procurement or non-procurement transactions pursuant to 2 C.F.R. § 180.300. FEMA recommends recipients use SAM.gov to conduct this verification.

Furthermore, regardless of whether any grant writer fees were requested, unless a single contract covering both pre- and post-award services was awarded to the grant writer and procured in compliance with 2 C.F.R. §§ 200.317 – 200.326, Federal funds and funds applied to the award’s cost share cannot be used to pay the grant writer to provide post-award services.

Grant Managers Grant management contractors provide support in the day-to-day management of an active grant and their services may be incurred as M&A costs of the award. Additionally, grant recipients may retain grant management contractors at their own expense.

Indirect (Facilities & Administrative [F&A]) Costs Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above.

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria FY 2020 THSGP applications will be evaluated through a three-part review and selection process:

1. Applications will first be reviewed by a FEMA HQ Program Analyst to ensure that the applicant meets all eligibility requirements. To determine eligibility, the FEMA HQ Program Analyst will review submitted applications for completeness. Completeness is determined by the FEMA HQ Program Analyst by confirming:

• The applicant has submitted the self-certification form stating the Tribe’s eligibility per the Homeland Security Act of 2002, as amended (see Section C. Eligibility Information, for further information);

• The information provided in the self-certification form is accurate;

• Activities under each investment are allowable; and

• The application meets all of the administrative criteria identified in this NOFO, to include the required submission of an IJ by the established due dates.

2. Eligible and complete applications will then be reviewed using a process to individually score each proposed investment. Scoring is based on the following four criteria:

• Overview (description of the investment);

• Baseline (goals/objectives/capabilities of the investment);

• Project management and milestones (funding amount/core capabilities/projects); and

• Accomplishments and impacts (outcomes).

3. FEMA HQ Grants Management Specialists will conduct a financial risk assessment of the top scoring investments using the following criteria:

• Allowability, allocability, and financial reasonableness of the proposed budget and investment information; and

• Whether the recipient meets the financial and legal requirements listed in 2 C.F.R. Part 200.

b. Financial Integrity Criteria

Prior to making a Federal award, FEMA is required by 31 U.S.C. § 3321 note, 41 U.S.C. § 2313, and 2 C.F.R. § 200.205 to review information available through any OMB-designated repositories of government-wide eligibility qualification or financial integrity information. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant:

1. Financial stability;

2. Quality of management systems and ability to meet management standards;

3. History of performance in managing Federal award;

4. Reports and findings from audits; and

5. Ability to effectively implement statutory, regulatory, or other requirements.

c. Supplemental Financial Integrity Review

Prior to making a Federal award where the anticipated Federal share of a Federal award will be greater than the simplified acquisition threshold, currently $250,000 (see Section 805 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 115-91, OMB Memorandum M-18-18 at https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-18.pdf; see also FEMA GPD Information Bulletin No. 434, Increases and Changes to the Micro- Purchase and Simplified Acquisition Thresholds):

i. DHS/FEMA is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS) and is also accessible through the SAM website.

ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a Federal awarding agency previously entered.

iii. DHS will…