911 Grant Program NOFO_Final.pdf

Notice of Funding Opportunity – 1

NOTICE OF FUNDING OPPORTUNITY

911 GRANT PROGRAM

EXECUTIVE SUMMARY

A. Federal Agency Name

National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce

National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation

B. Funding Opportunity Title

911 Grant Program

C. Announcement Type

Initial

D. Funding Opportunity Number

NHTSA-NTIA-911-Grant-Program-2018

E. Catalog of Federal Domestic Assistance (CFDA) Number(s)

20.615, 911 Grant Program

F. Key Dates

Initial applications will be accepted from August 9, 2018 until September 10, 2018 at 11:59 p.m. Eastern Daylight Time (EDT). Initial applications must be in PDF format and submitted electronically via email to the National 911 Program inbox at nhtsa.national911@dot.gov. Initial applications consist of the required certifications set forth in the appendices of this Notice of Funding Opportunity (NOFO): Appendix A for State applicants and in Appendix B for Tribal Organization applicants. After receipt of the initial applications, the National Telecommunications and Information Administration (NTIA) and the National Highway Traffic Safety Administration (NHTSA) (collectively, the Agencies), will issue preliminary funding allocations for each of the States or Tribal Organizations meeting the certification requirements on www.grants.gov. Those States or Tribal Organizations must then submit a complete application packet by the deadline established on www.grants.gov. Complete application packets must be submitted electronically through www.grants.gov. Complete applications or portions thereof submitted by postal mail, courier, email, or by facsimile will not be accepted.

mailto:nhtsa.national911@dot.gov http://www.grants.gov/ http://www.grants.gov/

Notice of Funding Opportunity – 2

See Section D in the Full Announcement Text of this NOFO for detailed information concerning application submission requirements.

G. Funding Opportunity Description

The Agencies issue this NOFO to describe the requirements under which they will award grants for the 911 Grant Program, authorized by the NG911 Advancement Act of 2012 (Middle Class Tax Relief and Job Creation Act of 2012, Pub. L., 112-96, Title VI, Subtitle E (codified at 47 U.S.C. 942)). The NG911 Advancement Act provides new funding for grants to be used for the implementation and operation of 911 services, E-911 services, migration to an IP-enabled emergency network, and adoption and operation of NG911 services and applications; the implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services.

H. Funding Instrument

Grant.

I. Eligibility

Any State, Territory, the District of Columbia, or Tribal Organization is eligible for a grant under the 911 Grant Program.

J. Cost Sharing/Matching

The 911 Grant Program requires cost sharing, also known as a matching funds requirement. By statute, the Federal share of the cost of any activity carried out under the Grant Program may not exceed 60 percent of the eligible cost of carrying out grant activities.1 Thus, the Agencies expect that 911 grant recipients will provide at least 40 percent non-Federal matching funds toward the total eligible project cost. Applicants must document their capacity to provide matching funds.

Matching funds may be in the form of either cash or in-kind contributions consistent with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.2

1 47 U.S.C. 942(b)(2).

2 2 CFR Part 200, available at http://go.usa.gov/SBYh.

http://go.usa.gov/SBYh

Notice of Funding Opportunity – 3

FULL ANNOUNCEMENT TEXT

A. Program Description

In 2009, NTIA and NHTSA issued regulations implementing the E-911 Grant Program enacted in the Ensuring Needed Help Arrives Near Callers Employing 911 (ENHANCE 911) Act of 2004 (Pub. L. 108-494, codified at 47 U.S.C. 942) (74 FR 26965, June 5, 2009). Accordingly, in 2009, NTIA and NHTSA made more than $40 million in grants available to 30 States and Territories to help 911 call centers nationwide upgrade equipment and operations through the E- 911 Grant Program.

In 2012, the NG911 Advancement Act of 2012 (Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, Title VI, Subtitle E (codified at 47 U.S.C. 942)) enacted changes to the program. The NG911 Advancement Act modifies the 911 Grant Program to incorporate Next Generation 911 (NG911) services, among other things, while preserving the basic structure of the program.

The NG911 Advancement Act broadens the eligible uses of funds and provides new funding for grants to be used for the implementation and operation of 911 services, E-911 services, migration to an IP-enabled emergency network, and adoption and operation of NG911 services and applications; the implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services.

For 50 years, local and state 911 call centers, also known as Public Safety Answering Points (PSAPs), have served the public in emergencies. PSAPs receive incoming 911 calls from the public and dispatch the appropriate emergency responders, such as police, fire, and emergency medical services, to the scene of emergencies. NG911 is an initiative to modernize today’s 911 services so that citizens, first responders, and 911 call-takers can use digital, IP-based, broadband-enabled technologies to coordinate emergency responses.3 Using multiple formats, such as voice, text messages, photos, and video, NG911 enables 911 calls to contain real-time caller location and emergency information, improve coordination among the nation’s PSAPs, dynamically re-route calls based on location and PSAP congestion, and connect first responders to key health and government services in the event of an emergency.4

The purpose of the 911 Grant Program is to provide Federal funding to support the transition of PSAPs and their interconnecting 911 network and core services, to facilitate migration to a

3 National 911 Program, Next Generation 911 for Leaders in Law Enforcement Educational Supplement at 3 (2013), available at https://www.911.gov/pdf/National_911_Program_NG911_Publication_Leaders_Law_Enforcement_2013.pdf.

4 Id. at 4-5.

https://www.911.gov/pdf/National_911_Program_NG911_Publication_Leaders_Law_Enforcement_2013.pdf

Notice of Funding Opportunity – 4 digital, IP-enabled emergency network, and adoption and operation of NG911 services and applications. States or other taxing jurisdictions that have diverted fees collected for 911 services remain ineligible for grants under the program and a State or jurisdiction that diverts fees during the term of the grant must repay all grant funds awarded.5 The NG911 Advancement Act further clarifies that prohibited diversion of 911 fees includes elimination of fees as well as redesignation of fees for purposes other than implementation or operation of 911 services, E-911 services, or NG911 services during the term of the grant.6

On September 21, 2017, the Agencies published a Notice of Proposed Rulemaking (NPRM) seeking public comment on proposed regulations for the 911 Grant Program.7 The Agencies received submissions from 21 commenters in response to the NPRM. The Agencies addressed the comments in the preamble to the Final Rule, which was published in the Federal Register on August 3, 2018.

The Agencies issue this NOFO to open the window for initial application submissions for the grant program, provide information on the amount of funding available for award, discuss how they will allocate funds to qualifying applicants, give instructions on the application process, and describe the evaluation criteria for application review. The definitions applicable to this NOFO are set forth at 47 CFR § 400.2.

B. Federal Award Information

1. Funding Availability

The Agencies will make up to $109,250,000 available for Federal assistance under the 911 Grant Program. If additional funds remain during the grant program because administrative costs are less than projected, then the Agencies may have the opportunity to award additional grant funds to eligible entities.

2. Project/Award Period

The period of performance for all awards under the 911 Grant Program will be four years. A no-cost extension may be considered based on demonstrated need.

3. Award Amount

The Agencies will distribute grant funds to eligible States and Tribal Organizations using a formula based on State population and public road mileage, as described in 47 CFR § 400.6.

Specifically, grant funds for each State that meets the certification requirements set forth in 47 CFR § 400.4 will be allocated: (i) 50 percent in the ratio which the population of the State bears

5 See 47 U.S.C. 942(c).

6 See id. at 942(c)(3).

7 See NTIA and NHTSA, 911 Grant Program, Notice of Proposed Rulemaking, 82 FR 44131 (Sept. 21, 2017), available at https://www.gpo.gov/fdsys/pkg/FR-2017-09-21/pdf/2017-19944.pdf (NPRM).

https://www.gpo.gov/fdsys/pkg/FR-2017-09-21/pdf/2017-19944.pdf

Notice of Funding Opportunity – 5 to the total population of all the States, as shown by the latest available Federal census; and (ii) 50 percent in the ratio which the public road mileage in each State bears to the total public road mileage in all States, as shown by the latest available Federal Highway Administration data.

Grant funds for each Tribal Organization that meets the certification requirements set forth in 47 CFR § 400.4 will be allocated: (i) 50 percent in the ratio to which the population of the Tribal Organization bears to the total population of all Tribal Organizations, as determined by the most recent population data on American Indian/Alaska Native Reservation of Statistical Area; and

(ii) 50 percent in the ratio which the public road mileage in each Tribal Organization bears to the total public road mileage in tribal areas, using the most recent national tribal transportation facility inventory data.

The distribution to each qualifying State shall not be less than $500,000, except that the distribution to American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands shall not be less than $250,000.

Up to 2 percent of grant funds available under this part will be set aside for distribution to qualifying Tribal Organizations for a 911 grant. The distribution to each qualifying Tribal Organization will be determined based on the formula set forth above but shall not be more than $250,000. Any remaining funds after distribution to qualifying Tribal Organizations will be released for distribution to the States consistent with this section. The Agencies will provide preliminary funding allocations for each of the States or Tribal Organizations that meets the certification requirements on www.grants.gov.

The Agencies reserve the right to allocate additional or unclaimed funds based on supplemental project budgets.

Grant funds that are returned or unused may be made available to States and Tribal Organizations through subsequent NOFOs.

4. Renewal or Supplementation

The Agencies do not anticipate soliciting or accepting applications for renewal or supplementation of existing projects for this grant program but retain discretion to make further supplemental or renewal awards as appropriate.

5. Type of Funding Instrument

The funding instrument for awards made pursuant to the NOFO will be a grant.

C. Eligibility Information

1. Eligible Applicants

An applicant must be a State or Tribal Organization as defined in 47 CFR § 400.2 to apply for a 911 grant. Each State, Territory or Tribal Organization choosing to apply for a grant must submit an individual application during the application window.

Notice of Funding Opportunity – 6

2. Cost Sharing or Matching

The 911 Grant Program requires cost sharing, also known as a matching fund requirement. By statute, the Federal share of the cost of any activity carried out under the grant program may not exceed 60 percent of the eligible cost of carrying out grant activities.8 Thus, 911 grant recipients must provide at least 40 percent non-Federal matching funds toward the total eligible project cost.9 Applicants must document their capacity to provide matching funds in their final applications. Matching funds may be in the form of either cash or in-kind contributions consistent with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.10

In-kind contributions, which include third party in-kind contributions, are non-cash donations of property, goods or services, which benefit a Federally assisted project, and which may count toward satisfying the non-Federal matching requirement of a project’s total budgeted costs when such contributions meet certain criteria.11 In-kind contributions must be allowable project expenses. The rules governing allowable in-kind contributions are very detailed and encompass a wide range of properties and services. The Agencies encourage applicants to thoroughly consider potential sources of in-kind contributions that, depending on the particular property or service and the applicable Office of Management and Budget (OMB) cost principles, could include: employee or volunteer services; equipment; supplies; indirect costs; computer hardware and software; and use of facilities.

Generally, Federal funds may not be used as matching funds, except as provided by Federal statute.12

As provided in 48 U.S.C. 1469a, the Agencies waive the requirement for non-Federal matching funds for grant amounts up to $200,000 (including in-kind contributions) for the Territorial governments in Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

3. Other

The 911 Grant Program requires applicants to provide certifications regarding non-diversion of designated 911 charges.

8 47 U.S.C. 942(b)(2).

9 See 47 CFR § 400.4(a)(2)(ii), (b)(2)(ii). As provided in 48 U.S.C. 1469a, the requirement for non-Federal matching funds (including in-kind contributions) is waived for American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands for grant amounts up to $200,000.

10 See id. and 2 CFR § 200.306.

11 See 2 CFR § 200.306.

12 See id.

Notice of Funding Opportunity – 7

A State applicant must certify that during the time period 180 days immediately preceding the date of the initial application, the State has not diverted any portion of designated 911 charges imposed by the State for any purpose other than the purposes for which such charges are designated or presented, that no taxing jurisdiction in the State that will be a recipient of 911 grant funds has diverted any portion of designated 911 charges imposed by the taxing jurisdiction for any purpose other than the purposes for which such charges are designated or presented, and that, continuing through the time period during which grant funds are available, neither the State nor any taxing jurisdiction in the State that is a recipient of 911 grant funds will divert designated 911 charges for any purpose other than the purposes for which such charges are designated or presented.

A Tribal Organization applicant must certify that during the time period 180 days immediately preceding the date of the initial application, the taxing jurisdiction (or jurisdictions) within which the applicant is located has not diverted any portion of designated 911 charges imposed by the taxing jurisdiction (or jurisdictions) within which the applicant is located for any purpose other than the purposes for which such charges are designated or presented and that, continuing through the time period during which grant funds are available, the taxing jurisdiction (or jurisdictions) within which the applicant is located will not divert designated 911 charges for any purpose other than the purposes for which such charges are designated or presented.

D. Application and Submission Information

1. Address to Request Application Package

Application forms and instructions are available on the Grants.gov website (www.grants.gov).

To access these materials, go to http://www.grants.gov, select “How to Apply for Grants,” and then select “Search for Opportunity Package.” Enter the CFDA number (20.615) and/or the funding opportunity number (NHTSA-NTIA-911-Grant-Program-2018). Select “Grant Opportunity Package,” and then follow the prompts. To download the instructions, go to “Preview Opportunity Package” and select “Download Instructions.” The Agencies recommend applicants visit Grants.gov prior to filing their applications so that they fully understand the process and requirements. Failure to properly register and apply for the 911 Grant Program funds by the deadline established in this NOFO may result in forfeiture of the grant opportunity.

Applications are accepted until the deadline and are processed as received. Complete application packets submitted by email, paper, or facsimile will not be accepted.

With respect to electronic methods for providing information about funding opportunities or accepting applicants’ submissions of information, the Agencies are responsible for compliance with Section 508 of the Rehabilitation Act of 1973, as amended by the Workforce Act of 1998.

2. Content and Form of Applications

a) Required Forms and Documentation from a State Applicant

Applications from State applicants must be complete and follow the format described in this NOFO, which restates the requirements in 47 CFR § 400.4. Initial applications will be accepted

Notice of Funding Opportunity – 8 from August 9, 2018 until September 10, 2018 at 11:59 p.m. Eastern Daylight Time (EDT).

Initial applications must be in PDF format and submitted electronically via email to the National 911 Program inbox at nhtsa.national911@dot.gov. After receipt of the initial applications, the Agencies will issue preliminary funding allocations for each of the States or Tribal Organizations meeting the certification requirements on www.grants.gov. Those States or Tribal Organizations will then submit a complete application packet by the deadline established on www.grants.gov.

Complete application packets must be submitted electronically through www.grants.gov. The application consists of the following forms and required submissions, which are discussed in more detail below.

i. The following components are required for the initial application submission:

a. Designated 911 Coordinator

The identification of a single officer or government body to serve as the 911 Coordinator of implementation of 911 services and to sign the certifications required under this part. Such designation need not vest such coordinator with legal authority to implement 911 services, E-911 services, or Next Generation 911 services or to manage emergency communications operations.

If a State applicant has established by law or regulation an office or coordinator with the authority to manage 911 services, that office or coordinator must be identified as the designated 911 Coordinator and apply for the grant on behalf of the State. If a State applicant does not have such an office or coordinator established, the Governor of the State must appoint a single officer or governmental body to serve as the 911 Coordinator in order to qualify for a 911 grant. If the designated 911 Coordinator is a governmental body, an official representative of the governmental body shall be identified to sign the certifications for the 911 Coordinator. The State must notify NHTSA in writing within 30 days of any change in appointment of the 911 Coordinator.

b. Certification

The certification in Appendix A of this NOFO, signed by the 911 Coordinator, certifying that the applicant has complied with the required statutory and programmatic conditions in submitting its application. The applicant must certify that during the time period 180 days immediately preceding the date of the initial application, the State has not diverted any portion of designated 911 charges imposed by the State for any purpose other than the purposes for which such charges are designated or presented, that no taxing jurisdiction in the State that will be a recipient of 911 grant funds has diverted any portion of designated 911 charges imposed by the taxing jurisdiction for any purpose other than the purposes for which such charges are designated or presented, and that, continuing through the time period during which grant funds are available, neither the State nor any taxing jurisdiction in the State that is a recipient of 911 grant funds will divert designated 911 charges for any purpose other than the purposes for which such charges are designated or presented.

ii. Complete Application mailto:nhtsa.national911@dot.gov

Notice of Funding Opportunity – 9

The following components are required for the complete application packet, to be submitted by the deadline established on www.grants.gov:

a. Standard Form 424: Application for Federal Assistance

This is the title page (SF-424). This form (and all additional forms requiring a signature) must be signed by the applicant’s authorized organization representative (AOR). Electronic signatures submitted through www.grants.gov satisfy this requirement.

o SF-424, Item 8.d Zip/Postal Code field, should reflect the Zip code + 4 (#####-####) format.

o SF-424, Item 12, should list the NOFO number as NHTSA-NTIA-911- Grant-Program-2018.

o SF-424, Item 18, should list the total Federal budget amount requested for the entire project.

o For SF-424, Item 21, the list of certifications and assurances is contained in SF-424B.

b. Standard Form 424A: Budget Information–Non-

Construction Programs

Applicants must complete this form and provide a budget summary for all proposed projects and activities to be funded by the grant funds.

c. Standard Form 424B: Assurances for Non-Construction Programs (SF-424B)

d. CD–511 Certification Regarding Lobbying: Enter

“NHTSA-NTIA-911-Grant-Program-2018” in the Award Number field. Enter the title of the application used in field 15 of the SF-424, or an abbreviation of that title, in the Project Name field.

e. Standard Form LLL, Disclosure of Lobbying Activities (if applicable).

f. State 911 Plan: A plan that:

i. Details the projects and activities proposed to be funded by a 911 Grant Program award, for:

(A) The implementation and operation of 911 services, E-911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications;

Notice of Funding Opportunity – 10

(B) The implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and

(C) Training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services.

ii. Establishes metrics and a time table for grant implementation; and

iii. Describes the steps the applicant has taken to—

(A) Coordinate its application with local governments, Tribal Organizations, and PSAPs within the State;

(B) Ensure that at least 90 percent of the grant funds will be used for the direct benefit of PSAPs and not more than 10 percent of the grant funds will be used for the applicant’s administrative expenses related to the 911 Grant Program; and

(C) Involve integrated telecommunications services in the implementation and delivery of 911 services, E- 911 services, and Next Generation 911 services.

g. Project Budget

Applicants must submit a project budget for all proposed projects and activities to be funded by the grant funds. In addition to the Standard Form 424A Budget Information, applicants must demonstrate that the project or activity meets the eligible use requirements in § 400.7.

Applicants must also identify the non-Federal sources, which meet the requirements of 2 CFR 200.306, that will fund at least 40 percent of the cost; except that as provided in 48 U.S.C. 1469a, the requirement for non-Federal matching funds (including in-kind contributions) is waived for American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands for grant amounts up to $200,000. All budget information submitted with the application should match the dollar amounts on required Standard Form 424 and Standard Form 424A. Detail provided in the project budget must be sufficient so that reviewers can interpret how costs were estimated or calculated. The project budget (and the Standard Form 424A) must clearly distinguish those costs proposed to be supported with Federal funds as well as those costs contributed by the applicant as the non-Federal match.

Notice of Funding Opportunity – 11

h. Supplemental Project Budget

States that qualify for a grant under the program may also qualify for additional grant funds that may become available. To be eligible for any such additional grant funds that may become available in accordance with 47 CFR § 400.6 (e.g., if a grant recipient returns unused funds or returns funds after becoming ineligible due to diversion of designated 911 charges), a State must submit, with its complete application packet, a supplemental project budget that identifies the maximum dollar amount the State is able to match from non-Federal sources meeting the requirements of 2 CFR § 200.306, and includes projects or activities for those grant and matching amounts, up to the total amount in the project budget submitted under paragraph (2)(a)(ii)(g) of this section. This information must be provided to the same level of detail as required under paragraph (2)(a)(ii)(g) of this section and be consistent with the State 911 Plan required under paragraph (2)(a)(ii)(f) of this section.

i. Indirect Cost Rate Agreement (as applicable)

If indirect costs are included in the proposed budget, provide a copy of the approved negotiated agreement if this rate was negotiated with its cognizant agency for indirect costs. If the applicant includes indirect costs in the budget and has not negotiated an indirect cost rate with its cognizant agency for indirect costs, the applicant may obtain such a rate through negotiation with its cognizant agency consistent with the requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).13

Alternatively, in accordance with 2 CFR 200.414(f), applicants that have never received a negotiated indirect cost rate may elect to charge indirect costs to the award pursuant to a de minimis rate of 10 percent of modified total direct costs, in which case a negotiated indirect cost rate agreement is not required. In order to request indirect costs under a de minimis rate, the applicant must not receive more than $35 million a year in direct Federal funding. As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. Once chosen, this methodology 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. Applicants proposing a 10 percent de minimis rate pursuant to 2 CFR 200.414(f) must note this election as part of the budget portion of the application.

b) Required Forms and Documentation from a Tribal Applicant

Applications from Tribal applicants must be complete and follow the format described in this NOFO, which restates the requirements in 47 CFR § 400.4. Initial applications will be accepted from August 9, 2018 until September 10, 2018 at 11:59 p.m. Eastern Daylight Time (EDT).

Initial applications must be in PDF format and submitted electronically via email to the National 911 Program inbox at nhtsa.national911@dot.gov. After receipt of the initial applications, the Agencies will issue preliminary funding allocations for each of the States or Tribal Organizations

13 Requirements for development and submission of indirect cost rate proposals by States and Tribal Organizations are set forth in 2 CFR Part 200, Appendix VII.

Notice of Funding Opportunity – 12 meeting the certification requirements on www.grants.gov. Those States or Tribal Organizations will then submit a complete application packet by the deadline established on www.grants.gov.

Complete application packets must be submitted electronically through www.grants.gov. The application consists of the following forms and required submissions, which are discussed in more detail below.

i. The following components are required for the initial application submission:

a. Responsible Tribal Organization Official

Written identification of the official responsible for executing the grant agreement and signing the required certifications on behalf of the Tribal Organization.

b. Certification

The certification in Appendix B of this NOFO, signed by the responsible official of the Tribal Organization, certifying that the applicant has complied with the required statutory and programmatic conditions in submitting its application. The applicant must certify that during the time period 180 days immediately preceding the date of the initial application, the taxing jurisdiction (or jurisdictions) within which the applicant is located has not diverted any portion of designated 911 charges imposed by the taxing jurisdiction (or jurisdictions) within which the applicant is located for any purpose other than the purposes for which such charges are designated or presented and that, continuing through the time period during which grant funds are available, the taxing jurisdiction (or jurisdictions) within which the applicant is located will not divert designated 911 charges for any purpose other than the purposes for which such charges are designated or presented.

ii. The following components are required for a complete application packet, to be submitted by the deadline established on www.grants.gov:

a. Standard Form 424: Application for Federal Assistance

This is the title page (SF-424). This form (and all additional forms requiring a signature) must be signed by the applicant’s authorized organization representative (AOR). Electronic signatures submitted through www.grants.gov satisfy this requirement.

o SF-424, Item 8.d Zip/Postal Code field, should reflect the Zip code + 4 (#####-####) format.

o SF-424, Item 12, should list the NOFO number as NHTSA-NTIA-911- Grant-Program-2018.

o SF-424, Item 18, should list the total Federal budget amount requested for the entire project.

o For SF-424, Item 21, the list of certifications and assurances is contained in SF-424B.

http://www.grants.gov/ http://www.grants.gov/

Notice of Funding Opportunity – 13

b. Standard Form 424A: Budget Information–Non-

Construction Programs

Applicants must complete this form and provide a budget summary for all proposed projects and activities to be funded by the grant funds.

c. Standard Form 424B: Assurances for Non-Construction Programs (SF-424B)

d. CD–511 Certification Regarding Lobbying: Enter

“NHTSA-NTIA-911-Grant-Program-2018” in the Award Number field. Enter the title of the application used in field 15 of the SF-424, or an abbreviation of that title, in the Project Name field.

e. Standard Form LLL, Disclosure of Lobbying Activities (if applicable).

f. Tribal Organization 911 Plan: A plan that:

i. Details the projects and activities proposed to be funded for:

(A) The implementation and operation of 911 services, E-911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications;

(B) The implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and

(C) Training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response

ii. Establishes metrics and a time table for grant implementation; and

iii. Describes the steps the applicant has taken to—

Notice of Funding Opportunity – 14

(A) Coordinate its application with PSAPs within the Tribal Organization’s jurisdiction;

(B) Ensure that at least 90 percent of the grant funds will be used for the direct benefit of PSAPs and not more than 10 percent of the grant funds will be used for the applicant’s administrative expenses related to the 911 Grant Program; and

(C) Involve integrated telecommunications services in the implementation and delivery of 911 services, E- 911 services, and Next Generation 911 services.

g. Project Budget

Applicants must submit a project budget for all proposed projects and activities to be funded by the grant funds. In addition to the Standard Form 424A, applicants must demonstrate that the project or activity meets the eligible use requirements in § 400.7. Applicants must also identify the non-Federal sources, which meet the requirements of 2 CFR 200.306, that will fund at least 40 percent of the cost; except that as provided in 48 U.S.C. 1469a, the requirement for non- Federal matching funds (including in-kind contributions) is waived for American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands for grant amounts up to $200,000. All budget information submitted with the application should match the dollar amounts on required Standard Form 424 and Standard Form 424A. Detail provided in the project budget must be sufficient so that reviewers can interpret how costs were estimated or calculated. The project budget (and the Standard Form 424A form) must clearly distinguish those costs proposed to be supported with Federal funds as well as those costs contributed by the applicant as the non- Federal match.

h. Supplemental Project Budget

Tribal Organizations that qualify for a grant under the program may also qualify for additional grant funds that may become available. To be eligible for any such additional grant funds that may become available in accordance with 47 CFR § 400.6 (e.g., if a grant recipient returns unused funds or returns funds after becoming ineligible due to diversion of designated 911 charges), a Tribal Organization must submit, with its complete application packet, a supplemental project budget that identifies the maximum dollar amount the Tribal Organization is able to match from allowable sources meeting the requirements of 2 CFR § 200.306, and includes projects or activities for those grant and matching amounts, up to the total amount in the project budget submitted under paragraph (2)(b)(ii)(g) of this section. This information must be provided to the same level of detail as required under paragraph (2)(b)(ii)(g) of this section and be consistent with the Tribal Organization 911 Plan required under paragraph (2)(b)(ii)(f) of this section.

i. Indirect Cost Rate Agreement (as applicable)

Notice of Funding Opportunity – 15

If indirect costs are included in the proposed budget, provide a copy of the approved negotiated agreement if this rate was negotiated with its cognizant agency for indirect costs. If the applicant includes indirect costs in the budget and has not established a negotiated indirect cost rate with its cognizant agency for indirect costs, the applicant may obtain such a rate through negotiation with its cognizant agency consistent with the requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).14

Alternatively, in accordance with 2 CFR 200.414(f), applicants that have never received a negotiated indirect cost rate may elect to charge indirect costs to the award pursuant to a de minimis rate of 10 percent of modified total direct costs, in which case a negotiated indirect cost rate agreement is not required. In order to request indirect costs under a de minimis rate, the applicant must not receive more than $35 million a year in direct Federal funding. As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. Once chosen, this methodology 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. Applicants proposing a 10 percent de minimis rate pursuant to 2 CFR 200.414(f) must note this election as part of the budget portion of the application.

j. Designated 911 Coordinator

Written identification of the single State officer or government body serving as the 911 Coordinator of implementation of 911 services in the State (or States) in which the Tribal Organization is located. If a State has not designated an officer or government body to coordinate such services, the Governor of the State must appoint a single officer or governmental body to serve as the 911 Coordinator in order for the Tribal Organization to qualify for a 911 grant. The Tribal Organization must notify NHTSA in writing within 30 days of any change in appointment of the 911 Coordinator.

c) Additional Application Materials

No additional application materials are required, beyond what is enumerated in the above sections.

d) Application Format

i. Emailed and facsimile (fax) submissions

The initial application submission, including the designation of the 911 Coordinator and the required certification (items D.2.a.i. and D.2.b.i), must be in PDF format and submitted via email to the National 911 Program inbox at nhtsa.national911@dot.gov. Email and facsimile submissions will not be accepted for the complete application packets (items D.2.a.ii and D.2.b.ii).

14 Requirements for development and submission of indirect cost rate proposals by States and Tribal Organizations are set forth in 2 CFR Part 200, Appendix VII.

Notice of Funding Opportunity – 16

ii. Figures, graphs, images, and pictures

Should be of a size that is easily readable or viewable and may be landscape orientation.

iii. Font

Easy to read font (10-point minimum). Smaller type may be used in figures and tables but must be clearly legible.

iv. Line spacing

Applicants may use single spacing or double spacing.

v. Margins

One inch top, bottom, left, and right.

vi. Page layout

Portrait orientation except for figures, graphs, images, and pictures. Paragraphs are to be clearly separated from each other by double spacing, paragraph formatting or equivalent.

vii. Page numbering

Number pages sequentially.

viii. Page size

8½ inches by 11 inches.

ix. Application language

English.

x. Typed document

All applications, including forms, must be typed.

e) Certifications Regarding Federal Felony and Federal Criminal Tax Convictions, Unpaid Federal Tax Assessments and Delinquent Federal Tax Returns

In accordance with Federal appropriations law, an authorized representative of the selected applicant(s) may be required to provide certain pre-award certifications regarding Federal felony and Federal criminal tax convictions, unpaid Federal tax assessments, and delinquent Federal tax returns.

Notice of Funding Opportunity – 17

f) Certifications Regarding Debarment and Suspension (applies to subrecipients as well as States and Tribal Organizations)

Instructions for Primary Tier Participant Certification (States and Tribal Organizations)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR Parts 180, 1200 and 1326.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR Parts 180, 1200 and 1326. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR Parts 180, 1200 and 1326.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from

Notice of Funding Opportunity – 18 the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment. Suspension. and Other Responsibility Matters - Primary Tier Covered Transactions

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;

b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;

violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

Notice of Funding Opportunity – 19

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR Parts 180, 1200 and 1326.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR Parts 180, 1200 and 1326. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR Parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, Subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction…