FFPr Standing NOFO - Modification 1.pdf

United States Department of Agriculture (USDA) – Foreign Agricultural Service (FAS) Global Programs

Food for Progress (FFPr) Program

Standing Supplemental Notice of Funding Opportunity (NOFO)

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 at www.sam.gov. It may take 4 weeks or more after you submit your SAM registration before your registration is active in SAM. 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

Issued By

Foreign Agricultural Service, Global Programs, International Food Assistance Division

Catalog of Federal Domestic Assistance (CFDA) Numbers 10.606

CFDA Title

Food for Progress

Notice of Funding Opportunity (NOFO) Title

FY 2020 FFPr Standing NOFO

NOFO Number

USDA-FAS-0700-10.606-S

Authorizing Authority for Program FFPr is authorized by section 1110 of the Food for Progress Act of 1985, 7 USC 1736o.

Appropriation Authority for Program

FFPr appropriation authority is derived from:

• Further Consolidated Appropriations Act 2020, P.L. 116-94 http://www.sam.gov/ https://beta.sam.gov/fal/4a2829febad943e792b549059c3143ad/view?keywords=Food%20for%20Progress&sort=-relevance&index=cfda&is_active=true&page=1 https://uscode.house.gov/view.xhtml;jsessionid=8994B700ACE1C80B67BF08AB2BD19784?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title7-section1736o&num=0&saved=%7CKHRpdGxlOjcgc2VjdGlvbjoxNzM2byBlZGl0aW9uOnByZWxpbSk%3D%7C%7C%7C0%7Cfalse%7Cprelim https://uscode.house.gov/view.xhtml;jsessionid=8994B700ACE1C80B67BF08AB2BD19784?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title7-section1736o&num=0&saved=%7CKHRpdGxlOjcgc2VjdGlvbjoxNzM2byBlZGl0aW9uOnByZWxpbSk%3D%7C%7C%7C0%7Cfalse%7Cprelim

Announcement Type Standing Supplement–SUBJECT TO THE AVAILBILITY OF FUNDING

Program Overview, Objectives, and Priorities

Program Overview The FFPr program provides for the donation of U.S. agricultural commodities to developing countries and emerging democracies committed to introducing and expanding free enterprise in the agricultural sector. The commodities are generally sold on the local market and the proceeds are used to support agricultural development activities.

Program Objectives The FFPr program has two principal objectives:

• To improve agricultural productivity; and

• To expand trade of agricultural products.

Program Priorities The program funding priorities of this NOFO are to support active FFPr agreements experiencing monetization shortfalls by providing additional current year commodity funds. Additional freight funds are not available under this NOFO. Implementers would only be able to utilize remaining freight funds in their existing award.

B. Federal Award Information

Award Amounts, Important Dates, and Extensions

Estimated Total Funding: $50,000,000 in commodity funds; SUBJECT TO THE

AVAILBILITY OF

FUNDING

Estimated Funding per Award: $100,000 – $5,000,000

Estimated Number of Awards: 5 – 10; SUBJECT TO THE

AVAILBILITY OF

FUNDING AND NEED OF

APPLICANTS

Projected Period of Performance Start Date(s): Applicable to base award

Projected Period of Performance: Applicable to base award

Pre-Award Costs: N/A

Cost Share or Match Requirements: None/Not Required

Funding Instrument

Cooperative Agreement Additional funding provided under this announcement will be incorporated within the corresponding FFPr cooperative agreement held by the applicant. FAS maintains substantial involvement as described in the original NOFO.

C. Eligibility Information

Eligible Applicants

Current FFPr award recipients with active cooperative agreements that have remaining freight funds available.

Pursuant to 2 CFR Part 415.1(d)(3), this NOFO supports continuing work already started under the base FFPr award.

All applicants must have an active registration in the SAM database at www.sam.gov – pending or expired registrants are not eligible. This requirement must be met by the closing date of the announcement and will not be waived.

Please contact FFPrAmendments@usda.gov if you have questions about this requirement.

Other Submission Requirements and Information Eligible applicants will be contacted directly by the International Food Assistance Division (IFAD) if funding is available. Applicants that respond to this solicitation without prior approval from IFAD will not be considered.

Maintenance of Effort (MOE)

MOE is not allowable.

Cost Share or Match Not required but must be consistent with the corresponding FFPr cooperative agreement held by the applicant.

D. Application and Submission Information

Key Dates and Times

Application Start Date: April 20, 2020

Application Submission Deadline: August 1, 2020

5:00:00 PM EDT

Anticipated Award Date: Not later than September 30, 2020 https://www.ecfr.gov/cgi-bin/text-idx?SID=4dee04dbdd38b0af8305b27b4b3843b0&mc=true&node=pt2.1.415&rgn=div5#se2.1.415_11 https://sam.gov/SAM/ mailto:FFPrAmendments@usda.gov

Address to Request Application Package This NOFO represents the full application information.

Questions concerning this announcement must be submitted via email to:

FFPrAmendments@usda.gov

Content and Form of Application Submission Organizations should submit an application following the guidelines below:

• A formal amendment request on the organization’s letterhead, signed by the appropriate official, containing: a statement identifying the current agreement number and program to which this request for additional funding corresponds, a justification statement, and background information providing context for why the amendment is needed at this time.

• Standard Form 424, signed by the applicant

• Revised Plan of Operations, Commodity Specifications, and/or

Performance Indicators as applicable to the request

• An updated Budget Summary Attachment C-1

• An updated Budget Narrative Attachment C-2 describing how the supplemental funding will be used.

• Negotiation Indirect Cost Rate (NICRA)

• Domestic entities must attach a copy of the latest indirect cost rate agreement negotiated with a cognizant federal agency. If the applicant is in the process of initially developing or renegotiating a rate, upon notification that an award will be made, it should immediately develop a tentative indirect cost rate proposal based on its most recently completed fiscal year, in accordance with the cognizant agency's guidelines for establishing indirect cost rates, and submit it to the cognizant agency. Applicants awaiting approval of their indirect cost proposals may also request indirect costs. When an indirect cost rate is requested, those costs included in the indirect cost pool should not also be charged as direct costs to the award. If the applicant is requesting a rate which is less than what is allowed under the program, the authorized representative of the applicant organization must submit a signed acknowledgement that the applicant is accepting a lower rate than allowed.

• Foreign public entities and foreign organizations may request, and upon approval from FAS use the de minimis rate of 10%, or some other rate in excess of the de minimis rate of 10%, up to 13%, if there is historical evidence that such a rate has been used in the past

Any non-federal entity that has never received a negotiated indirect cost rate (except for those non-federal entities described in Appendix VII to Part 200 States and Local Government and Indian Tribe Indirect Cost Proposals, paragraph D.1.b) may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely. As mailto:FFPrAmendments@usda.gov https://apply07.grants.gov/apply/forms/sample/SF424_2_1-V2.1.pdf http://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-part200-appVII.pdf http://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/pdf/CFR-2014-title2-vol1-part200-appVII.pdf described in 2 CFR Part 200.403 Factors Affecting Allowability of Costs, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all federal awards until such time as a non-federal entity chooses to negotiate for a rate, which the non-federal entity may apply to do at any time. For more information, see 2 CFR Part 200.414.

• SF–LLL Disclosure of Lobbying (only if paragraph two of the Certification Regarding Lobbying submitted in SAM.gov applies.)

Please be aware that OMB Memorandum 18-24: Strategies to Reduce Grant Recipient Reporting Burden has been approved. Various required forms needed to apply for Federal Financial Assistance no longer need to be completed individually at time of application. They are covered in the Financial Assistance Certifications Report.

Effective January 1, 2020, the Financial Assistance Certifications are a common set of certifications and representations required by Federal statutes or regulations in accordance with the grants guidance under Title 2 of the Code of Federal Regulations (2 CFR Part 200.208 Certifications and Representations). Those non- Federal entities who intend to apply for, or are already recipients of Federal grants or agreements, must read and agree to the corresponding certifications and representations. Registrants who reply “yes” to the question are required to keep these certifications and representations current, accurate, and complete as part of their entity registration.

All of the terms do not apply to foreign entities, however, all entity types receiving financial assistance from FAS must respond “yes” because the Lobbying Disclosure term does apply to foreign entities along with being registered in

SAM.

FAS will verify that the proper certifications are completed in SAM.gov, and if they have not been, the Applicant will be contacted and directed to do so. An award will not be issued until the certifications are completed within the SAM.gov portal.

Unique Entity Identifier and System for Award Management (SAM)

Each Applicant, unless excepted under 2 CFR Part 25.110(b) or (c), or that has an exception approved by FAS under 2 CFR Part 25.110(d), is required to:

• Be registered in SAM before the closing date of this announcement;

• Provide a valid a unique entity identifier (DUNS number) in its application;

and

• Continue to maintain an active SAM registration with current information at all times during which the Applicant has an active Federal award or an application or plan under consideration by FAS.

http://www.ecfr.gov/cgi-bin/text-idx?SID=fbb70fe83009e152ac327498f6ec18c4&node=se2.1.200_1403&rgn=div8 http://www.ecfr.gov/cgi-bin/text-idx?SID=b02738d16e4b0c1b82dc67a83ede6370&node=se2.1.200_1414&rgn=div8 https://www.gsa.gov/Forms/TrackForm/33144 https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5413566.pdf https://sam.gov/SAM/ https://www.ecfr.gov/cgi-bin/text-idx?SID=092a6cd40e6c37e031fdb1ee83120a31&mc=true&node=se2.1.200_1208&rgn=div8 https://sam.gov/SAM/ https://sam.gov/SAM/ https://www.ecfr.gov/cgi-bin/text-idx?SID=aad5195c7e88429c342a2f11d4a2a8ed&mc=true&node=pt2.1.25&rgn=div5#se2.1.25_1110 https://www.ecfr.gov/cgi-bin/text-idx?SID=aad5195c7e88429c342a2f11d4a2a8ed&mc=true&node=pt2.1.25&rgn=div5#se2.1.25_1110

All Applicants must have an active registration in the SAM database at www.sam.gov – pending or expired registrants are not eligible. This requirement must be met by the closing date of the announcement and will not be waived.

Applicants without an active SAM registration will be found ineligible and the application will NOT be considered for funding. Each subrecipient organization must also have active SAM registrations before the subaward is signed, unless the organization has an exemption approved by FAS under 2 CFR Part 25.110(d).

DUNS number Instructions for obtaining a DUNS number can be found at the following website:

http://www.dnb.com/duns-number.html

The DUNS number must be included in the data entry field labeled "Organizational DUNS" on the Standard Forms (SF)–424 forms submitted as part of this application.

Electronic Signature Applications submitted through FAIS constitute a submission as electronically signed applications. When you submit the application through FAIS, the name of your Signatory Official on file will be inserted into the signature line of the application.

If you experience difficulties accessing information or have any questions, please submit them via email to: FFPrAmendments@usda.gov

The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency 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.

Intergovernmental Review

An intergovernmental review may be required by public universities, not private voluntary organizations. Applicant(s) must contact their State’s Single Point of Contact (SPOC) to comply with the State’s process under Executive Order 12372 (see http://www.fws.gov/policy/library/rgeo12372.pdf). Name and addresses of the SPOCs are maintained at the Office of Management and Budget’s homepage:

https://www.whitehouse.gov/wp-content/uploads/2020/01/spoc_1_16_2020.pdf

Funding Restrictions http://www.sam.gov/ https://www.ecfr.gov/cgi-bin/text-idx?SID=1544912490d168f4cd6580ac64b572cf&mc=true&node=se2.1.25_1110&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=1544912490d168f4cd6580ac64b572cf&mc=true&node=se2.1.25_1110&rgn=div8 http://www.dnb.com/duns-number.html mailto:FFPrAmendments@usda.gov https://sam.gov/SAM/ http://www.fws.gov/policy/library/rgeo12372.pdf https://www.whitehouse.gov/wp-content/uploads/2020/01/spoc_1_16_2020.pdf

Generally, funds may not be used in any manner that is prohibited by 2 CFR Part 200, 2 CFR Part 400, and 7 CFR Part 1499.

Funds awarded under this NOFO must support the base award and may not be used for any other purpose. Cooperative agreement funds and non-monetary support may not be used for matching contributions for other federal grants or cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this program. Federal employees may not receive funds under this award. Also, Federal funds may not be used to sue the Federal Government or any other government entity.

Management and Administration (M&A) Costs M&A costs are not allowable.

Indirect Facilities & Administrative (F&A) Costs

Indirect F&A costs means those costs incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objectives specifically benefited without effort disproportionate to the results achieved.

In general, USDA Departmental Regulation 2255-001 requires that indirect costs be paid pursuant to a Negotiated Indirect Cost Rate Agreement (NICRA) that the recipient has in place with a cognizant U.S. Government agency. If the recipient does not have a NICRA, USDA will authorize an indirect cost rate of up to 10% of Modified Total Direct Costs.

Foreign public entities and foreign organizations may request, and upon approval from FAS use the de minimis rate of 10%, or some other rate in excess of the de minimis rate of 10%, up to 13%, if there is historical evidence that such a rate has been used in the past

Other Submission Requirements

Submissions must be received by the closing date and time via email to:

FFPrAmendments@usda.gov

E. Application Review Information

Application Evaluation Criteria

Prior to making a Federal award, the Federal awarding agency is required by 31 U.S.C. 3321 and 41 U.S.C. 2313 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 https://www.ecfr.gov/cgi-bin/text-idx?SID=8791260e8297f002cfa5c269b8b0cd40&mc=true&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=8791260e8297f002cfa5c269b8b0cd40&mc=true&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=b8d3f086737f4b170ffb10a5a97561cf&mc=true&tpl=/ecfrbrowse/Title02/2chapterIV.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=9dfff371eeaeee4cef83c4cee94eeee5&mc=true&node=pt7.10.1499&rgn=div5 findings from audits; and (5) ability to effectively implement statutory, regulatory, or other requirements.

Review and Selection Process

IFAD Program Analysts will monitor FFPrAmendments@usda.gov for application submissions.

When funding is available, Program Analysts conduct an initial responsiveness review of all applications submitted to determine if the submission is complete and followed the rules outlined in this announcement. This review will ensure the following:

1. The application was submitted on time as specified in this announcement (See Section D. Application and Submission Information);

2. The Applicant is eligible (see Section C. Eligibility Information);

3. All the required forms and documents are submitted timely as outlined

(See Section D. Application and Submission Information, Content and Form of Application Submission).

If an Applicant is determined to be ineligible (see Section C. Eligibility Information) or an application is determined to be non-responsive, FAS will notify the Applicant.

Once this review is completed, the Program Analysts will provide a recommendation for or against funding to Programmatic Leadership based on: an assessment of the organization’s capacity to deliver on the program objectives and priorities as described in this NOFO through the activities presented in the revised Attachment A, a review of the applicant’s past performance, and any negative factors. Programmatic Leadership will have the final say on the selection of awards by FAS and may consider the following when making a final selection:

agency priorities, the purpose of the program, and FAS staff expertise and guidance.

Also, all domestic awards in the amount of $250,000 or more will be subject to the following:

i. Prior to making a Federal award with a total amount of Federal share greater than the simplified acquisition threshold as defined by 48 CFR Part 2.101, is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS).

ii. An applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that a Federal awarding agency previously mailto:FFPrAmendments@usda.gov https://www.ecfr.gov/cgi-bin/text-idx?SID=1a8175b274aaec51636fd859be54a0af&mc=true&node=se48.1.2_1101&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=1a8175b274aaec51636fd859be54a0af&mc=true&node=se48.1.2_1101&rgn=div8 https://sam.gov/SAM/ https://www.fapiis.gov/fapiis/index.action entered and is currently in the designated integrity and performance system accessible through SAM.

iii. Will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in 2 CFR Part 200.205 Federal awarding agency review of risk posed by applicants.

Confidentiality and Conflict of Interest

Technical and cost proposals submitted under this funding opportunity will be protected from unauthorized disclosure in accordance with applicable laws and regulations. FAS may use one or more support contractors in the logistical processing of proposals. However, funding recommendations and final award decisions are solely the responsibility of FAS personnel.

F. Federal Award Administration Information

Notice of Award

A notice of award will be sent to the organization via email. This email is not an authorization to begin performance. Once the organization accepts the selection notice, FAS will begin negotiations with the Applicant to develop an amendment. Until an award is signed, FAS reserves the right not to fund an amendment.

The notice of award will also indicate if there are any pass-through obligations that successful applicants are required to meet upon receiving award funds, including specific timeline requirements.

Administrative and National Policy Requirements

a. Domestic Entities

Successful Applicants, registered in SAM.gov as domestic entities, are required to comply with both Administrative General Terms and Conditions and National Policy General Terms and Conditions for all grant and cooperative agreements, which are available online at:

https://www.fas.usda.gov/grants/general_terms_and_conditions/default.asp

The applicable Administrative General Terms and Conditions and National Policy General Terms and Conditions will be for the most recent year specified at that URL, unless the application is to continue an award initially awarded in an earlier year. In that event, the terms and conditions that apply will be those in effect for the year in which the award was originally made unless explicitly stated otherwise in subsequent mutually upon agreed amendments to the award.

https://sam.gov/SAM/ https://www.ecfr.gov/cgi-bin/text-idx?SID=83dc1c9deb0bab588ce6045b9d7ee960&mc=true&node=se2.1.200_1205&rgn=div8 https://www.fas.usda.gov/grants/general_terms_and_conditions/default.asp

b. Foreign Entities

Successful Applicants, registered in SAM.gov as foreign entities, are required to comply with the following terms and conditions:

• UN Organizations will use the Terms and Conditions for Public International

Organizations (PIO’s) : https://www.fas.usda.gov/standard-terms-and-conditions-public-international-organizations

• Non-UN Organizations will use the Terms and Conditions for Foreign Organizations: https://www.fas.usda.gov/standard-terms-and-conditions-foreign-organizations

• Foreign Governments will use the Terms and Conditions for Foreign Governments: https://www.fas.usda.gov/standard-terms-and-conditions-foreign-governments

Before accepting the award, the successful Applicant (foreign and domestic entities) should carefully read the award package for instructions on administering the grant award and the terms and conditions associated with responsibilities under Federal Awards.

Successful Applicants must accept all conditions in this NOFO as well as any special terms and conditions in the notice of award to receive an award under this program.

Reporting All reporting shall be conducted as described in the recipient’s cooperative agreement for the FFPr award. Financial expenditures for this portion of the program must be stated separately on those reports.

Monitoring FAS through its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. During site visits, FAS will review recipients’ files related to the Federally funded program.

As part of any monitoring and program evaluation activities, recipients must permit FAS, upon reasonable notice, to review award-related records and to interview the organization’s staff and clients regarding the program. Recipients must respond in a timely and accurate manner to FAS requests for information relating to their Federal award.

https://www.fas.usda.gov/standard-terms-and-conditions-public-international-organizations https://www.fas.usda.gov/standard-terms-and-conditions-public-international-organizations https://www.fas.usda.gov/standard-terms-and-conditions-foreign-organizations https://www.fas.usda.gov/standard-terms-and-conditions-foreign-organizations https://www.fas.usda.gov/standard-terms-and-conditions-foreign-governments https://www.fas.usda.gov/standard-terms-and-conditions-foreign-governments

Closeout Reporting Requirements

Within 90 days after the end of the period of performance, or after an amendment has been issued to closeout a cooperative agreement, whichever comes first, recipients must submit a final financial report and final progress report detailing all accomplishments and a qualitative summary of the impact of those accomplishments throughout the period of performance. Recipients must also submit a tax certification letter on company letterhead indicating that all required payroll taxes for the employees working in–country have been paid. Lastly, an equipment disposition form must also be submitted. A sample tax certification letter as well as an Equipment Disposition form are available on the FAIS homepage under “Forms and Guidance.” These documents must be uploaded onto the Agreement–Level Report page for the specific agreement being closed out under the “List of Closeout Attachments” section.

If applicable, an inventory of all construction projects that used funds from this program has to be reported using the Real Property Status Report (Standard Form SF–429) available at: https://www.gsa.gov/portal/forms/download/149866

After these reports have been reviewed and approved a closeout notice will be completed to close out the award. The notice will indicate the period of performance as closed, list any remaining funds that will be de–obligated, and address the requirement of maintaining the records for three years from the date of the final financial report.

The recipient is responsible for returning any funds that have been drawn down but remain as unliquidated on recipient financial records.

G. Awarding Agency Contact Information

Contact and Resource Information

For all questions, contact:

IFAD Senior Director 1400 Independence Avenue, SW STOP 1034 Washington, DC 20250

Phone: (202) 720-1230 Fax: (202) 690-0251 Email: FFPrAmendments@usda.gov https://www.gsa.gov/portal/forms/download/149866

H. Additional Information

1. Extensions Extensions to this program are allowed. Applicants may request a no-cost extension in order to complete all project activities. The request must be submitted 60 days prior to the expiration of the performance period. Requests for extensions are subject to approval by FAS.

2. Prior Approval

a. The Recipient shall not, without the prior written approval of the FAS, request reimbursement, incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities prior to the approved Budget Period/Performance Period. (See 2 CFR Part 200.407).

b. A recipient must not transfer any funds budgeted for participant support costs, as defined in 2 CFR Part 200.75, to other categories of expense without the prior approval of CCC. (Program regulations 7 CFR Part 1499.11(h)(1)).

3. Budget Revisions

Transfers of funds between direct cost categories in the approved budget when such cumulative transfers among those direct cost categories exceed ten percent of the total budget approved in this Award require prior written approval by the FAS, by way of amendment. The Recipient shall obtain prior written approval from the FAS Program Manager for any budget revision that would result in the need for additional resources/funds. The Recipient is not authorized at any time to transfer amounts budgeted for direct costs to the indirect costs line item or vice versa, without prior written approval of the FAS Program Manager.

4. Post-award program income

In the event program income becomes available, per 7 CFR Part 1499.11 respectively, it must be used in accordance with the agreement. Program income is defined by 7 CFR Part 1499.2 as interest earned on proceeds from the sale of donated commodities, as well as funds received by a recipient or subrecipient as a direct result of carrying out an approved activity under an agreement. The term includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under a Federal award, the sale of items fabricated under a Federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Program income does not include proceeds from; FAS-provided funds or interest earned on such funds; or funds provided for cost sharing or matching contributions, refunds or rebates, credits, discounts, or interest earned on any of them.

5. Proprietary Information

Applicants wishing to mark information in their application as proprietary or business sensitive must do so. Applicants should indicate which information or pages are https://www.ecfr.gov/cgi-bin/text-idx?SID=2966637de61f27a365bfe2024c539bfe&mc=true&node=se2.1.200_1407&rgn=div8 https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=b715145e7978f76505b59402d7c3373c&mc=true&n=pt2.1.200&r=PART&ty=HTML#se2.1.200_175 https://www.ecfr.gov/cgi-bin/text-idx?SID=9dfff371eeaeee4cef83c4cee94eeee5&mc=true&node=pt7.10.1499&rgn=div5#se7.10.1499_111 https://www.ecfr.gov/cgi-bin/text-idx?SID=9dfff371eeaeee4cef83c4cee94eeee5&mc=true&node=pt7.10.1499&rgn=div5#se7.10.1499_111 https://www.ecfr.gov/cgi-bin/text-idx?SID=9dfff371eeaeee4cef83c4cee94eeee5&mc=true&node=pt7.10.1499&rgn=div5#se7.10.1499_12 https://www.ecfr.gov/cgi-bin/text-idx?SID=9dfff371eeaeee4cef83c4cee94eeee5&mc=true&node=pt7.10.1499&rgn=div5#se7.10.1499_12 proprietary or business sensitive through footnote notations. FAS will treat the information as such. In the event of a request through the Freedom of Information Act, FAS will work with the Applicant/Awardee to ensure business sensitive information is respected. Information which is proprietary or business sensitive may be exempt from FOIA disclosure according to Exemption (b)(4) as cited in the Act viewed through USDA’s Office of the Assistant Secretary for Civil Rights here.

6. Applications must be submitted in English.

7. Recipients must comply with all applicable USDA statutory authorities and program regulations.

https://www.ascr.usda.gov/freedom-of-information-act/foia-exemptions