9-6-2023 R23AS00433 LSWR FY23-24 NOFO_Final.pdf

- BUREAU OF -

RECLAMATION

Notice of Funding Opportunity No. R23AS00433

WaterSMART Large-Scale Water Recycling Projects for Fiscal Years 2023 and 2024

U.S. Department of the Interior September 2023

Mission Statements

The U.S. Department of the Interior protects and manages the Nation’s natural resources and cultural heritage; provides scientific and other information about those resources; and honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.

The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

Cover Photo – Padre Dam Municipal Water District East County Advanced Water Purification Program.

Synopsis Federal Agency Name: Department of the Interior, Bureau of Reclamation, Water Resources and Planning Office Funding Opportunity Title: WaterSMART Large-Scale Water Recycling Projects for Fiscal Years 2023 and 2024

Announcement Type: Notice of Funding Opportunity (NOFO) Funding Opportunity Number: No. R23AS00433 Assistance Listing Number: 15.504 Application Due Dates:

(See NOFO Sec. D.4)

This Rolling NOFO will have three Application Submittal Periods with a final closing on September 30, 2024. The due dates are for each closing period:

1) First Application Submittal Period due date is November 21, 2023, at 4:00 p.m.

Mountain Standard Time (MST).

2) Second Application Submittal Period due date is March 29, 2024, 4:00 p.m. Mountain Daylight Time (MDT).

Applications received after November 21, 2023, 4:00 p.m. MST and before March 29, 2024, 4:00 p.m. MDT, will be considered for the Second Submittal Period.

3) Third and Final Application Submittal Period due date is September 30, 2024, 4:00 p.m.

MDT. Applications received after March 29, 2024, 4:00 p.m. MDT and before September 30, 2024, 4:00 p.m. MDT will be considered for the third and Final Submittal Period.

Eligible Applicants:

(See NOFO Sec. C.1)

Applicants eligible to receive financial assistance to fund activities under this NOFO include:

• States, Indian Tribes, municipalities, irrigation districts, water districts, wastewater districts; and any state, regional, or other organization with water or power delivery authority,

• State, regional, or local authorities, the members of which include one or more organizations with water or power delivery authority; and

• An agency established under State law for the joint exercise of powers, or a combination of entities described above.

All applicants must be located in the Western United States; specifically: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming.

Recipient Cost-Share:

(See NOFO Sec. C.2)

A non-Federal cost-share of 75 percent or more of total project costs is required.

Federal Funding Amount:

(See NOFO Sec. B.1)

Up to $180 Million. Federal Funding Amount is based on max 25 percent of the total cost of planning, design, and construction completed after the date of Reclamation’s feasibility study review findings within three years of the application’s submittal period deadline.

Estimated Number of Agreements to be Awarded:

(See NOFO Sec. B.1)

Approximately 2 to 10 awards, depending on the amount requested by each applicant and the amount of Federal funding made available. Additional projects may be funded under this NOFO if additional funding becomes available in FY 2024 or subsequently.

Intergovernmental Review:

(See NOFO Sec. D.5)

An intergovernmental review may be required for applications submissions from a U.S.

state or local government prior to submission. Applicants must contact their State’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372.

https://www.reaganlibrary.gov/archives/speech/executive-order-12372-intergovernmental-review-federal-programs

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Application Checklist The following table contains a summary of the information that you are required to submit with your application.

Mandatory Application Components: Required content Page

Mandatory Federal forms:

• SF-424: Application for Federal Assistance (Office of Management and Budget (OMB)

• SF-424A: Budget Information - Non-Construction Programs (OMB) OR SF-424C: Budget Information

- Construction Programs (OMB)

• SF-424B: Assurances - Non-Construction Programs (OMB) OR SF-424D: Assurances - Construction Programs (OMB)

See Section D.2.2.1 14

Unique Entity Identifier (UEI) and System for Award Management (SAM) registration

See Section D.3 20

Technical Proposal (Use Project Narrative Attachment Form to upload in Grants.gov)

See Section D.2.2.2 14

Budget Narrative (Use Budget Narrative Attachment Form to upload in Grants.gov)

See Section D.2.2.3 16

Recommended Application Components: Required content Page

Environmental and cultural resources compliance See Section D.2.2.4 17

Required permits or approvals See Section D.2.2.5 17

Overlap or duplication of effort statement See Section D.2.2.6 17

Conflict of interest disclosure statement See Section D.2.2.7 17

Uniform audit reporting statement See Section D.2.2.8 18

SF-LLL: Disclosure of Lobbying Activities (required, if applicable) (OMB)

See Section D.2.2.9 19

Letters of Support See Section D.2.2.10 19

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Acronyms and Abbreviations % percent ARC Application Review Committee ASAP Automated Standard Application for Payments BIL Bipartisan Infrastructure Law CE Categorical Exclusion CEC Categorical Exclusion Checklist CFR Code of Federal Regulations CWA Clean Water Act Department U.S. Department of the Interior (also DOI) EA Environmental Assessment EIN Employer Identification Number EIS Environmental Impact Statement E.O. Executive Order ESA Endangered Species Act FAIN Federal Award Identification Number FGDC Federal Geospatial Data Committee FOIA Freedom of Information Act FONSI Finding of No Significant Impact FY Fiscal Year GIS Geographic Information System MDT Mountain Daylight Time MST Mountain Standard Time NAICS North American Industry Classification System NEPA National Environmental Policy Act NHPA National Historic Preservation Act NOAA National Oceanic and Atmospheric Administration NOFO Notice of Funding Opportunity OM&R Operations, maintenance, and replacement OMB Office of Management and Budget P.L. Public Law PSC Product Service Code Reclamation Bureau of Reclamation SAM System for Award Management SF Standard Form SPOC Single Point of Contact TAP Technical Assistance Program Title XVI Title XVI Water Reclamation and Reuse Program UEI Unique Entity Identifier U.S.C. United States Code USFWS United States Fish and Wildlife Service WaterSMART Sustain and Manage America’s Resources for Tomorrow West Western United States

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Contents Page

Section A. Funding Opportunity Description A.1 Authority A.2 Background A.3 Notice of Funding Opportunity Purpose and Objectives A.4 Program Requirements A.5 Other Related Funding Opportunities

Section B: Award Information B.1 Total Funding B.2 Expected Award Amount B.3 Expected Award Funding and Anticipated Dates B.4 Number of Awards B.5 Type of Award B.6 Technical Assistance

Section C: Eligibility Information C.1 Eligible Applicants C.2 Cost Sharing or Matching C.3 Other C.4 Eligible Projects C.5 Ineligible Projects

Section D: Application and Submission Information D.1 Address to Request Application Package D.2 Content and Form of Application Submission D.3 Unique Entity Identifier (UEI) and System for Award Management (SAM) D.4 Submission Date and Time D.5 Intergovernmental Review D.6 Funding Restrictions

Section E: Application Review Information E.1 Evaluation Criteria E.2 Review and Selection Process E.3 Federal Award Performance Integrity Information System E.4 Anticipated Announcement and Federal Award Dates i

Section F: Federal Award Administration Information F.1 Federal Award Notices F.2 Administrative and National Policy Requirements F.3 Reporting Requirements and Distribution F.4 Disclosures F.5 Data Availability (2 CFR §1402.315) F.6 Freedom of Information Act

Section G: Federal Awarding Agency Contact(s) G.1 Reclamation Financial Assistance Contact G.2 Reclamation Program Coordinator Contact

Section H: Other Information H.1 Environmental and Cultural Resource Considerations H.2 Endangered Species Act ii

Section A. Funding Opportunity Description

A.1 Authority This new Notice of Funding Opportunity (NOFO) is issued under the authority of the Bipartisan Infrastructure Law (BIL), Public Law (P.L.) 117-58, Section 40905.

A.2 Background The U.S. Department of the Interior’s (Department) WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Program provides a framework for Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department’s priorities. Through WaterSMART, the Bureau of Reclamation (Reclamation) leverages Federal and non-Federal funding to support stakeholder efforts to stretch scarce water supplies and avoid conflicts over water.

Through the Title XVI Water Reclamation and Reuse Program (Title XVI), authorized by P.L. 102-575 in 1992, Reclamation provides financial and technical assistance to local water agencies for the planning, design, and construction of water reclamation and reuse projects.

Water recycling is a tool in stretching the limited water supplies in the Western United States.

Title XVI projects develop and supplement urban and irrigation water supplies through water reuse, thereby improving efficiency, providing flexibility during water shortages, and diversifying the water supply. These projects provide growing communities with new sources of clean water which increases water management flexibility and makes our water supply more reliable.

Through the Large-Scale Water Recycling Program, Reclamation will provide up to 25 percent (%) Federal cost share, with no per-project Federal funding maximum, to water recycling projects that have a total project cost greater than or equal to $500 million. Large-scale water recycling projects will play an important role in helping communities develop local, drought-resistant sources of water supply by turning currently unusable water sources into a new source of water supply that is less vulnerable to drought and climate change. The Large-Scale Water Recycling Projects funding opportunity provides support for priorities identified in Presidential Executive Order (E.O.) 14008: Tackling the Climate Crisis at Home and Abroad and is aligned with other priorities, such as those identified in E.O. 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. In particular, the

Notice of Funding Opportunity No. R23AS00433

Large-Scale Water Recycling Projects funding opportunity advances the Biden-Harris Administration’s Justice40 Initiative. Established by E.O. 14008, the Justice40 Initiative has made it a goal that 40% of the overall benefits of certain federal investments, such as climate, clean energy, and other areas, flow to disadvantaged communities.1

A.3 Notice of Funding Opportunity Purpose and Objectives The objective of the Large-Scale Water Recycling Projects NOFO is to invite eligible applicants (Section C.1. Eligible Applicants) to leverage their money and resources by cost sharing with Reclamation on the planning, design, and construction of Large-Scale Water Recycling Projects.

A.4 Program Requirements As part of the implementation of the new Large-Scale Water Recycling Program, Reclamation has identified four stages of project development: planning; 30% design; 100% design; and construction. As each project proposed for funding progresses through those stages, Reclamation will work with the project sponsor to gather and review updated information to ensure that the project meets all statutory and programmatic requirements. Prior to an award of Federal funding for any project selected under this funding opportunity, Reclamation must determine that the applicant’s Feasibility Study meets Reclamation requirements, and that the cost-estimating and design information for the project are sufficient as appropriate for the stage of development of the project. This program structure is intended to acknowledge that project sponsors may have information sufficient to meet Feasibility Study requirements prior to completing project design, and that more detailed information can be provided to Reclamation as design work progresses and cost estimates are refined.

Feasibility Study Review:

All applicants under this NOFO are requested to submit their Feasibility Study to Reclamation within 60 days of the application’s submittal period deadline (e.g., following the first submittal deadline for this funding opportunity of November 21, 2023, the feasibility study should be submitted to Reclamation by January 19, 2024). Before funding may be awarded, Reclamation must review the Feasibility Study and determine that it meets the requirements in Reclamation’s Directives and Standards WTR 11-01, Title XVI Water Reclamation and Reuse Program and Desalination Construction Program Feasibility Study Review Process, as well as the additional requirements established in WTR TRMR-128, Large-Scale Water Recycling Program Feasibility Study Review Process.

1 For more information, see E.O. 14008, Tackling the Climate Crisis at Home and Abroad (Jan. 27, 2023), www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad;

Justice40 Initiative, www.whitehouse.gov/environmentaljustice/justice40/ https://www.usbr.gov/recman/wtr/wtr11-01.pdf https://www.usbr.gov/recman/wtr/wtr11-01.pdf https://www.usbr.gov/recman/temporary_releases/wtrtrmr-128.pdf https://www.usbr.gov/recman/temporary_releases/wtrtrmr-128.pdf http://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and-abroad http://www.whitehouse.gov/environmentaljustice/justice40/

Section A. Funding Opportunity Description

Design and Cost Estimating Review: (Not applicable to projects in the planning stage that have not yet reached 30% design).

Projects that meet the requirements of WTR 11-01 and WTR TRMR-128 may request funding for any of the four stages of project development. Proposals for funding of 30% design, 100% design, or construction stages will require some additional information, as described below.

Within 60 days after the application deadline for each submittal period under this NOFO, Reclamation’s Program Office will contact applicants to request copies of information required for the Design and Cost Estimating Review. Documents requested for this review will vary depending on the stage of development of the project at the time of application, as described in more detail below. Before funding may be awarded, Reclamation will review the requested documents to determine whether the cost-estimating and design work for the project are sufficient, as appropriate for the stage of development of the project. Following is a description of the types of documents that may be requested:

• Planning: No documents will be requested.

• 30% Design: A design report that includes preliminary outline drawings of major features with the purpose of depicting layouts, process diagrams, and supporting cost estimates with unit prices, pay items, quantities, allowances, and assumptions.

• 100% Design: A “Basis of Design” document for the 30% design stage that identifies technical design criteria, design codes, and site-specific design drawings that include plan, elevation, and section drawings.

• Construction: A “Basis of Design” document for the 100% design stage that identifies technical design criteria, design codes, and site-specific design drawings that include plan, elevation, and section drawings.

Projects that proceed from one stage to the next during the period of the project performance will be required to submit documentation supporting a Design and Cost Estimating Review before funding will be made available for activities at the next stage.

If the information requested by Reclamation is not sufficient, Reclamation may determine that the application cannot be funded, and the applicant will be notified of their status.

Please contact the Program Coordinator identified in Section G.2 Agency Contacts with questions about the additional determinations and review process.

A.5 Other Related Funding Opportunities WaterSMART: Title XVI Congressionally Authorized Water Reclamation and Reuse Projects: Through this NOFO, funding is available for planning, design, and construction of congressionally authorized Title XVI Projects.

WaterSMART: Title XVI Water Reclamation and Reuse Projects Under the WIIN Act:

Through this NOFO, funding is available for planning, design, and construction of water reclamation and reuse projects eligible under Section 4009(c) of the WIIN Act.

WaterSMART: Desalination Construction Projects Under the WIIN Act: Through this NOFO, funding is available for planning, design, and construction of desalination projects eligible under Section 4009(a) of the WIIN Act.

Desalination and Water Purification Research and Development: Laboratory and Pilot Scale Projects, through this NOFO, funding is available for laboratory and pilot scale research studies to determine the viability of a novel process, new materials, or process modifications in conjunction with individuals, institutions of higher education, commercial or industrial organizations, private entities, public entities (including state and local), and Indian tribal governments.

Desalination and Water Purification Research and Development: Pitch to Pilot, through this NOFO, funding is available to develop innovative and disruptive new technologies or processes at the pilot scale with the goal to augment water supplies and address costs, energy usage, and environmental impacts of water treatment technologies.

WaterSMART Drought Response Program: Drought Resiliency Projects: Through this NOFO, funding is available for projects that increase the reliability of water supplies or improve water management to build long term resilience to drought. Eligible projects include constructing small-scale water reuse systems where total estimated project costs are less than $20 million.

Native American Affairs Technical Assistance Program (TAP): Reclamation’s Native American Affairs TAP provides technical assistance to assist Indian Tribes to develop, manage, and protect their water and related resources. Cost share is not required, and technical assistance requests must satisfy “Program Criteria”. Proposals are solicited via notices of funding opportunity, and successful proposals approved for funding can be found on Reclamation’s website at the address below.

For information on the funding opportunities listed above, visit the WaterSMART Program website at www.usbr.gov/waterSMART, the Desalination and Water Purification Research Program website at www.usbr.gov/research/dwpr/index.html, or the Native American Affairs Program Technical Assistance Program website at www.usbr.gov/native/programs/TAPprogram.html.

http://www.usbr.gov/waterSMART http://www.usbr.gov/research/dwpr/index.html http://www.usbr.gov/native/programs/TAPprogram.html

Section B: Award Information

B.1 Total Funding This NOFO will be used to allocate up to $180 million in available funding under BIL, P.L.

117-58 in FY 2023 and 2024. Funds made available for infrastructure projects are subject to the Buy America Act. Please see Section F.2.7: Application of Buy American Preference and Section F.2.8: Additional BIL Requirements for additional information regarding the Buy America preference as well as Wage Rate Requirements (Davis Bacon Act).

Any awards are subject to a determination by Reclamation that FY 2023/2024 BIL funds are available. Additional projects may be funded under this NOFO if additional funding becomes available in FY 2024 or subsequently.

B.2 Expected Award Amount Maximum Award: Up to $180 Million. Federal Award Amount is based on a max of 25% of the expected total project cost.

Minimum Award: $0.00.

The Federal share (i.e., Reclamation’s share in addition to any other sources of Federal funding), of any Large-Scale Water Recycling Project, including any funding provided as a result of this NOFO, shall not exceed 25 percent of the total project cost. There is no Federal per-project cap.

Eligible applicants are invited to request funding for planning, design, and construction of projects. Although the evaluation criteria listed in this NOFO will be applied to the project as a whole, proposals submitted under this NOFO may only include costs incurred after the date of Reclamation’s feasibility determination, and within three years from the application deadline for each submittal period under this NOFO.

Applicants may include work:

• Planned within three years of the application’s submittal period deadline. For example, if an application is submitted on November 21, 2023, work planned through November 21, 2026, may be included; and

• Eligible costs submitted for consideration must be for work conducted after the date of Reclamation’s feasibility study review findings for the project.

Multiple applications for funding may be submitted for consideration under this funding opportunity, provided that the project scopes are not duplicative. See Section C.3.1 Multiple Applications for more information.

B.3 Expected Award Funding and Anticipated Dates Reclamation expects to contact potential award recipients and unsuccessful applicants who applied under the first application submittal period in February 2024 (or later if necessary). For applicants under the first application submittal period, the anticipated award and completion dates are as follows:

Anticipated Award Date: 9/30/2024

Anticipated Project Completion Date: 11/21/2026

Additional potential award recipients will be announced after more applications are evaluated under the subsequent application submittal periods. It is anticipated that awards will be made approximately six months after selections are announced with the project period ending approximately two years after awards are made.

B.4 Number of Awards Approximately 2 to 10 awards, depending on the amount requested by each applicant and the amount of Federal funding made available. Additional projects may be funded under this NOFO if additional funding becomes available in FY 2024 or subsequently.

B.5 Type of Award Project awards will be made through grants or cooperative agreements as applicable to each project. If a cooperative agreement is awarded, the recipient should expect Reclamation to have substantial involvement in the project. Substantial involvement may include but is not limited to:

• Collaboration and participation with the recipient in the management of the project and close oversight of the recipient’s activities to ensure that the program objectives are being achieved.

• Oversight may include review, input, and approval at key interim stages of the project.

B.6 Technical Assistance By request, Reclamation can provide technical assistance after award of the project. If you plan to receive Reclamation’s assistance, you must account for these costs in your budget. Technical assistance should be discussed with appropriate Reclamation staff prior to applying., and this communication should be noted in your application. To discuss available assistance and associated costs, contact the Program Coordinator identified in Section G.2 Agency Contacts.

Section C: Eligibility Information

C.1 Eligible Applicants Applicants eligible to receive financial assistance to fund activities under this NOFO include:

• States, Indian Tribes, municipalities, irrigation districts, water districts, wastewater districts; and any state, regional, or other organization with water or power delivery authority,

• state, regional, or local authorities, the members of which include one or more organizations with water or power delivery authority; and

• An agency established under State law for the joint exercise of powers, or a combination of entities described above.

All applicants must be located in the Western United States; specifically: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming.

C.1.1 Ineligible Applicants

Those not eligible include the following entities:

• Federal Governmental entities

• Foreign entities

• Individuals

• Institutes of higher education

C.2 Cost Sharing or Matching Applicants must be capable of cost sharing 75% or more of the total project costs. The total project cost is defined as the total allowable costs incurred under a Federal award and all required cost share and voluntary committed cost share contributions, including third-party contributions. Cost share may be made through cash, costs contributed by the applicant, or third-party in-kind contributions.

Third-party in-kind contributions include the value of non-cash contributions of property or services that benefit the federally assisted project and are contributed by non-Federal third parties, without charge. Cost-share funding from sources outside the applicant’s organization (e.g., loans or state grants) should be secured and available to the applicant prior to award. Please see Section D.2.2.11 Official Resolution and Section D.2.2.12 Letters of Commitment for more information regarding the documentation required to verify commitments to meet cost sharing requirements.

Other sources of Federal funding may not be counted towards the required cost share. The exception to this requirement is where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs, such as awards to tribal organizations under P.L. 93-638, as amended. If it is determined that the Federal funding cannot be applied towards the non-Federal cost share, the work associated with the funding may be removed from the proposed project.

C.2.1 Cost Share Regulations

All cost-share contributions must meet the applicable administrative and cost principles criteria established in 2 Code of Federal Regulations (CFR) Part 200, available at www.ecfr.gov.

C.2.2 Third-Party In-Kind Contributions

Third-party in-kind contributions may be in the form of equipment, supplies, and other expendable property, as well as the value of services directly benefiting and specifically identifiable to the proposed project. Applicants may not include as part of their cost-share for projects funded under this NOFO the cost or value of third-party in-kind contributions that have been or will be relied on to satisfy a cost-sharing or matching requirement for another Federal financial assistance agreement, a Federal procurement contract, or any other award of Federal funds. Applicants should refer to 2 CFR §200.434 Contributions and donations for regulations regarding the valuation of third-party in-kind contributions.

C.3 Other

C.3.1 Multiple Applications

Multiple applications for funding may be submitted for consideration under this funding opportunity, provided that the project scopes are not duplicative. In general, if an applicant is seeking funding for multiple project components, and the components are interrelated or closely related (e.g., projects that are physically and geographically linked), the applicant should combine these in one application. However, if the projects are only loosely related, an applicant should submit them as separate applications.

http://www.ecfr.gov/ https://D.2.2.12 https://D.2.2.11

C.3.2 Excluded Parties

Reclamation conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award and ineligibility condition apply to this Federal program. If entities or key project personnel are identified in the SAM.gov Exclusions database as ineligible, prohibited/restricted or otherwise excluded from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits, Reclamation cannot award funds to them.

C.4 Eligible Projects Planning, design, and construction activities for water recycling projects that have a total project cost greater than or equal to $500 million are eligible activities under this NOFO. Project sponsors may apply for funding of activities that support one or more of the four stages of project development: planning stage; 30% design stage; 100% design stage; or construction stage. The different stages of project development are described in more detail below. Note that proposals may include requests for funding of activities at more than one stage.

Under each stage, collecting data and preparing documentation in support of environmental compliance reviews are also eligible project activities.

Note: No ground disturbing activities can be undertaken without Reclamation’s approval of environmental and cultural compliance documentation in accordance with the National Environmental Policy Act.

C.4.1 Planning

Project development under the planning stage includes planning activities that support the development of a feasibility-level design and cost estimate for the selected project.

Feasibility-level cost estimates are typically based on data collected during site investigations that are of sufficient detail to allow the preparation of preliminary layouts and designs of the selected project. Eligible project activities under this stage may include but are not limited to:

• Preparation of appraisal and feasibility level cost estimates

• Site specific investigations to gather design data

• Pre-final design activities that contribute towards a feasibility-level design and cost estimate

• Collect data and prepare documentation for environmental compliance reviews https://sam.gov/content/exclusions https://sam.gov/content/exclusions

C.4.2 30% Final Design and Value Engineering

Project development under the 30% design stage begins after the feasibility-level planning stage and includes design activities required to reach a 30% final design. Value Engineering activities, including the preparation of a Value Engineering Accountability Report, also are eligible project activities during this stage.

C.4.3 100% Final Design

Project development under the 100% design stage begins after 30% final design, which may include Value Engineering (if applicable), and includes design activities required to reach 100% final design.

C.4.4 Construction

Project development under the construction stage includes all phases of construction for Large- Scale Water Recycling Projects.

C.5 Ineligible Projects Projects not eligible for funding under this NOFO include, but are not limited to:

• Water recycling projects that do not have a total project cost greater than or equal to $500 million.

• Development of water recycling feasibility studies to meet the requirements Reclamation’s Directives and Standards WTR 11-01, Title XVI Water Reclamation and Reuse Program and Desalination Construction Program Feasibility Study Review Process, or the additional requirements established in WTR TRMR-128, Large-Scale Water Recycling Program Feasibility Study Review Process.

• Water reclamation projects that are solely ocean or brackish water desalination.

• Operations, maintenance, and replacement (OM&R) activities. OM&R is described as system improvements that replace or repair existing infrastructure or function without providing increased efficiency or effectiveness of water distribution over the expected life of the improvement. Examples of ineligible OM&R projects include:

o Replacing malfunctioning components of an existing facility with the same components.

o Improving an existing facility to operate as originally designed.

https://www.usbr.gov/recman/wtr/wtr11-01.pdf https://www.usbr.gov/recman/wtr/wtr11-01.pdf https://www.usbr.gov/recman/temporary_releases/wtrtrmr-128.pdf o Performing an activity on a recurring basis, even if that period is extended (e.g., a 10-year interval).

o Sealing expansion joints of concrete lining because the original sealer or the water stops have failed.

o Replacing broken meters with new meters of the same type.

o Replacing leaky pipes with new pipes of the same type.

Applicants that have questions regarding OM&R are encouraged to contact the program coordinator listed in Section G. Agency Contacts, prior to the application deadline for further information.

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Section D: Application and Submission Information

D.1 Contact to Request Application Package This document contains all the information, forms, and electronic addresses required to submit an application. If you are unable to access the electronic application forms in Grants.gov, you can request application forms referenced in this NOFO electronically by emailing Chandrika Nasstrom, Grants Management Specialist, at cnasstrom@usbr.gov.

D.2 Content and Form of Application Submission All applications must conform to the requirements described in this section.

D.2.1 Application Format and Length

The technical proposal and criteria section (defined below) shall be limited to a maximum of 40 consecutively numbered pages. If this section of the application exceeds 40 pages, only the first 40 pages will be evaluated. The full application, including attachments, cannot exceed 125 pages. If the application exceeds 125 pages, only the first 125 pages will be considered in the evaluation.

The font shall be at least 12 points in size and easily readable. Page size shall be 8½ by 11 inches, including charts, maps, and drawings. Margins should be standard 1-inch margins.

Oversized pages will not be accepted.

Applications will be prescreened for compliance to the above page number limitation. Excess pages will be removed and not considered in the evaluation of the proposed project.

D.2.2 Application Content

The application should include the items identified as Mandatory Application Components in the Application Checklist located on page ii to be considered complete. To facilitate fair and timely reviews by the Application Review Committee (ARC), it is highly recommended that application packages be structured in the order identified in the Application Checklist.

Applications will be screened for completeness and compliance with the provisions of this funding opportunity. A complete application must include all the items identified as Mandatory Application Components in the Application Checklist. Any application which fails to include these items will be deemed ineligible and will not be considered for funding.

mailto:cnasstrom@usbr.gov https://Grants.gov

Following awards of funding, Reclamation may post successful applications on the Reclamation website, www.usbr.gov/watersmart after conducting any redactions determined necessary by Reclamation, in consultation with the successful applicant. See Section F.2.6. Freedom of Information Act.

D.2.2.1 Mandatory Federal Forms The application must include the following standard Federal forms. Questions regarding forms should be referred to the Financial Assistance Point of Contact under Section G.1 “Reclamation Financial Assistance Contact.”

Mandatory Federal Forms Note: Applications submitted by consultants must contain an SF-424 and SF-424B that is manually signed by an authorized representative of the entity applying. These forms are available at www.grants.gov/web/grants/forms/sf-424-family.html.

D.2.2.1.1 SF-424: Application for Federal Assistance A fully completed SF-424: Application for Federal Assistance form signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application. Applications that fail to include a SF-424 by the submission deadline will be considered ineligible and will not pass initial screening.

All Federal Assistance awards with a $100,000 or more in Federal funding, must certify that all statements in 43 CFR Part 18, Appendix A-Certification Regarding Lobbying are true. The Authorized Official’s signature on the appropriate SF-424, Application for Federal Assistance form represents the entity’s certification of the statements in 43 CFR Part 18, Appendix A.

Failure to submit a signed SF-424 with a valid UEI number will result in the elimination of the application from further consideration.

D.2.2.1.2 SF-424A or SF-424C Budget Information Form.

A fully completed SF-424A Budget Information – Nonconstruction Programs or SF-424C Budget Information – Construction Programs must be submitted with the application.

Failure to submit an SF-424A or SF-424C will result in the elimination of the application from further consideration.

D.2.2.1.3 SF-424B or SF-424D Assurances Form.

A SF-424B – Assurances – Nonconstruction Programs or SF-424D Assurances – Construction Programs signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application.

Failure to submit a signed SF-424B or SF-424D will result in the elimination of the application from further consideration.

http://www.usbr.gov/watersmart http://www.grants.gov/web/grants/forms/sf-424-family.html

Section D: Application and Submission Information

D.2.2.2 Technical Proposal Submission of a technical proposal (limited to 40 pages) is mandatory and must be received by the application deadline.

While an application will not be removed from consideration if the technical proposal does not address each of the following, it is highly recommended that applicants address each component listed below to ensure that your proposal is competitive.

D.2.2.2.1 Title Page Provide a brief, informative, and descriptive title for the proposed work that indicates the nature of the project. Include the name and address of the applicant, and the name and address, e-mail address, and telephone of the Project Manager.

D.2.2.2.2 Table of Contents List all major sections of the proposal in the table of contents.

D.2.2.2.3 Executive Summary The executive summary should include:

• The date, applicant name, city, county, and state.

• Please indicate whether you are applying for funding for project activities under the planning stage; 30% design stage; 100% design stage; or construction stage.

• A one-paragraph project summary that provides the location of the project, a brief description of the work that will be carried out, any partners involved, concerns in your project area, and how this project is expected to help alleviate impacts of those conditions, and identification of any planning documents that support the project. This information will be used to create a summary of your project for our website if the project is selected for funding.

• State the length of time and estimated completion date for the proposed project (month/year).

• Whether or not the proposed project is located on a Federal facility or will involve Federal land.

D.2.2.2.4 Project Location Provide specific information on the geographic location of the proposed planning area (e.g., watershed, basin, county) or location of the project being designed, including a map showing the geographic location. For example, [project name] is located in [county and state] approximately [distance] miles [direction, e.g., northeast] of [nearest town]. The project latitude is {##°##’N} and longitude is {###°##’W}.

D.2.2.2.5 Project Description The technical project description should describe the project in its entirety. This description shall have sufficient detail to permit a comprehensive evaluation of the proposal. Provide a more comprehensive description of the technical aspects of your project, including the specific activities to be accomplished and the approach to complete the work.

The project description should indicate whether you are applying for funding for project activities under the planning stage; 30 % design stage; 100 % design stage; or construction stage.

The project description should also clearly indicate how the Project in its entirety fits within the Reclamation reviewed feasibility study.

D.2.2.2.6 Evaluation Criteria Section E.1. Evaluation Criteria provides a detailed description of each criterion and sub-criterion and points associated with each. The evaluation criteria portion of your application should thoroughly address each criterion and sub-criterion in the order presented to assist in the complete and accurate evaluation of your proposal.

Copying and pasting the evaluation criteria and sub-criteria in Section E.1. Technical Proposal: Evaluation Criteria into your applications is suggested to ensure that all necessary information is adequately addressed.

D.2.2.3 Project Budget The total project cost is the sum of all allowable items of costs, including all required cost sharing and voluntary committed cost sharing, including third-party contributions, that are necessary to complete the project. Please include the following chart (Table 1) to summarize all funding sources. Denote in-kind contributions with an asterisk (*).

Table 1.—Summary of Non-Federal and Federal Funding Sources

FUNDING SOURCES AMOUNT

Non-Federal Entities

1. $

2. $

3. $

Non-Federal Subtotal $

REQUESTED RECLAMATION FUNDING $

Submission of a budget narrative is mandatory. The budget narrative provides detailed information on the items included in the budget Object Class Categories on the SF-424A or Cost Classification categories identified on the SF-424C. The budget narrative must clearly identify all items of cost (total estimated project cost), including those that will be contributed as non-Federal cost share by the applicant (required and voluntary), third-party in-kind contributions, and those that will be covered using the funding requested from Reclamation, and any requested pre-award costs. The types of information to describe in the narrative may include, but are not limited to, those identified in the Budget Narrative Guidance attached to this NOFO (Attachment B). Applicants may elect to use the Budget Detail and Narrative spreadsheet

(Attachment A to this NOFO) for their budget narrative. Costs, including the valuation of third-party in-kind contributions, must comply with the applicable cost principles contained in 2 CFR Part 200, available at the electronic CFR (www.ecfr.gov).

Please note: The Budget Narrative Attachment B Form in Grants.gov is to be used to upload the budget proposal.

Failure to submit a budget proposal will result in the elimination of the application from further consideration.

D.2.2.4 Environmental and Cultural Resources Compliance You should answer the questions from Section H.1. Environmental and Cultural Resource Considerations in this section.

D.2.2.5 Required Permits or Approvals You should state in the application whether any permits or approvals are necessary and explain the plan for obtaining such permits or approvals.

NOTE: Improvements to Federal facilities that are implemented through any project funded through this NOFO must comply with additional requirements. The Federal government will continue to hold title to the Federal facility and any improvement that is integral to the existing operations of that facility. Reclamation may also require additional reviews and approvals prior to award to ensure that any necessary easements, land use authorizations, or special permits can be approved consistent with the requirements of 43 CFR Section 429 and that the development will not impact or impair project operations or efficiency.

D.2.2.6 Overlap or Duplication of Effort Statement Applicants should provide a statement that addresses if there is any overlap between the proposed project and any other active or anticipated proposals or projects in terms of activities, costs, or commitment of key personnel. If any overlap exists, applicants must provide a description of the overlap in their application for review.

Applicants should also state if the proposal submitted for consideration under this program does or does not in any way duplicate any proposal or project that has been or will be submitted for funding consideration to any other potential funding source - whether it be Federal or non- Federal. If such a circumstance exists, applicants must detail when the other duplicative proposal(s) were submitted, to whom (Agency name and Financial Assistance program), and when funding decisions are expected to be announced. If at any time a proposal is awarded funds that would be duplicative of the funding requested from Reclamation, applicants must notify the NOFO point of contact or the Program Coordinator immediately.

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D.2.2.7 Conflict of Interest Disclosure Statement Per 2 CFR §1402.112, “Financial Assistance Interior Regulation” applicants should state in the application if any actual or potential conflict of interest exists at the time of submission.

Submission of a conflict-of-interest disclosure or certification statement is mandatory prior to issue of an award.

D.2.2.7.1 Applicability 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.

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

D.2.2.7.2 Notification 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.

Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The successful applicant 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 sub recipients.

D.2.2.7.3 Restrictions on Lobbying Non-Federal entities are strictly prohibited from using funds under a grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR §18 and 31 USC §1352.

D.2.2.7.4 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. 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 §200.339, Remedies for noncompliance, including suspension or debarment (see also 2 CFR §180).

D.2.2.8 Uniform Audit Reporting Statement All U.S. states, local governments, federally recognized Indian Tribal governments, and non-profit organizations expending $750,000 USD or more in Federal award funds in the applicant’s fiscal year must submit a Single Audit report for that year through the Federal Audit Clearinghouse’s Internet Data Entry System . U.S. state, local government, federally recognized Indian Tribal governments, and non-profit applicants must state if your organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If your https://harvester.census.gov/facides/Account/Login.aspx https://harvester.census.gov/facides/Account/Login.aspx organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the Employer Identification Number (EIN) associated with that report and state if it is available through the Federal Audit Clearinghouse website.

D.2.2.9 SF-LLL: Disclosure of Lobbying Activities (if Applicable) If applicable, a fully completed and signed SF-LLL: Disclosure of Lobbying Activities form is required if the applicant has made or agreed to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. This form cannot be submitted by a contractor or other entity on behalf of an applicant.

D.2.2.10 Letters of Support You should include any letters from interested stakeholders supporting the proposed project. To ensure your proposal is accurately reviewed, please attach all letters of support as an appendix.

Letters of support received after the application deadline for this NOFO will not be considered in evaluating your proposed project.

D.2.2.11 Official Resolution If selected, the applicant must provide prior to award an official resolution adopted by your organization’s board of directors or governing body, or, for state government entities, an official authorized to commit the applicant to the financial and legal obligations associated with receipt of a financial assistance award under this NOFO, verifying:

• The identity of the official with legal authority to enter into an agreement

• The board of directors, governing body, or appropriate official who has reviewed and supports the application submitted

• That your organization will work with Reclamation to meet established deadlines for entering…