1 SDP NOFO 2021 -Revised via Mod 2.pdf

Notice of Funding Opportunity (NOFO)

U.S. Department of Transportation

Pipeline and Hazardous Materials Safety Administration

(PHMSA)

State Damage Prevention (SDP) Program Grants

Fiscal Year 2021

NOFO Posted Date: January 12, 2021 Application Due Date: March 15, 2021, 11:59 pm ET Questions Due Date: February 23, 2021, 11:59 pm ET

Applicant must be registered at www.grants.gov to apply for the grant. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays in submission. Additionally, applicants must have an active Dun and Bradstreet Universal Numbering System (DUNS) number and be actively registered in the System for Award Management (SAM) at www.SAM.gov prior to submitting their application in order to receive an award under this grant.

Furthermore, applicants must register with FedConnect at https://www.fedconnect.net for an account before submitting an application. Your organization’s Marketing Partner ID number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how to use the portal, view the FedConnect: Ready, Set, Go!

Tutorial under the Need Help? section on the FedConnect home page.

Assistance Listing Program Number (formerly CFDA)

20.720 “State Damage Prevention Program Grants”

PHMSA NOFO Number:

693JK321NF0001

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

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 1 of 15 Notice of Funding Opportunity

Table of Contents

PROGRAM SUMMARY

SECTION A – PROGRAM DESCRIPTION

A.1 Statement of Purpose A.2 Statute and Program Authority A.3 Background

SECTION B – FEDERAL AWARD INFORMATION

B.1 Funding B.2 Period of Performance B.3 Type of Award B.4 Previous Awards

SECTION C – ELIGIBILITY INFORMATION

C.1 Eligible Applicants C.2 Cost Sharing or Matching C.3 Other Eligibility Requirements – The Nine Elements of Effective Damage

Prevention Program

SECTION D – APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package D.2 Content and Form of Application Submission D.3 Description of Cost Categories D.4 Dun and Bradstreet Universal Numbering System (DUNS) Number and System for Award Management (SAM) D.5 Submission Dates and Times D.6 Funding Restrictions

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Criteria E.2 Review and Selection Process

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices F.2 Administrative and National Policy Requirements F.3 Reporting Requirements

SECTION G – FEDERAL AWARDING AGENCY CONTACTS

SECTION H – OTHER INFORMATION

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 2 of 15

PROGRAM SUMMARY

Federal Agency Name: U.S. Department of Transportation (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Funding Opportunity Title: State Damage Prevention (SDP) Program Grants

Announcement Type: Initial Announcement

Funding Opportunity Number: 693JK321NF0001

Assistance Listing Program (formerly CFDA) 20.720 Number:

NOFO Posted Date: January 12, 2021 Application Due Date: March 15, 2021, 11:59 pm ET Questions Due Date: February 23, 2021, 11:59 pm ET

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 3 of 15

MISSION

The mission of the U.S. Department of Transportation (DOT or Department) is to ensure our Nation has the safest, most efficient, and modern transportation system in the world.

DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) protects people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents. We also prepare the public and first responders to reduce consequences if an incident does occur. To accomplish this, PHMSA awards grants to States, tribes, territories, localities, communities, and non-profit organizations that help make sure pipelines operate safely and shipments arrive without incident.

SECTION A – PROGRAM DESCRIPTION

A.1 Statement of Purpose Pipeline safety is a shared responsibility, and the purpose of the State Damage Prevention (SDP) Program grant (Assistance Listing 20.720) is to establish or improve State programs and to protect underground pipeline facilities from excavation damage.

PHMSA data show that excavation damage has historically been a leading cause of pipeline accidents that result in fatality or injury. PHMSA data also show that damage rates to gas distribution pipelines are trending downward. The SDP program fosters improved damage prevention programs by supporting projects such as enforcement of state excavation damage prevention laws, stakeholder education about digging safely, technologies to improve efficiencies, and other related excavation safety initiatives. The funding is available to State authorities to help them align with one or more of nine elements that are considered characteristic of effective damage prevention programs, which are outlined in the SDP program authorizing statute (Public Law 109-468). The SDP grants provide funding to help eligible States establish a comprehensive program to prevent damage to underground pipelines in States that do not have such programs, and to improve damage prevention programs in States that do.

A strong transportation network is critical to the functioning and growth of the American economy. The Nation’s industry depends on the transportation network to move the goods that it produces, and facilitate the movements of the workers who are responsible for that production. When the Nation’s highways, railways, and ports function well, that infrastructure connects people to jobs, increases the efficiency of delivering goods and thereby cuts the costs of doing business, reduces the burden of commuting, and improves overall well-being.

Rural transportation networks play a vital role in supporting our national economic vitality. Addressing the deteriorating conditions and disproportionately high fatality rates on our rural transportation infrastructure is of critical interest to the Department, as rural transportation networks face unique challenges in safety, infrastructure condition, and passenger and freight usage. Consistent with the R.O.U.T.E.S. Initiative, the Department encourages applicants to consider how the project will address the challenges faced by

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 4 of 15 rural areas in advancing pipeline and hazardous materials (hazmat) transportation safety.

A.2 Statute and Program Authority The SDP program is authorized pursuant to the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (Public Law 109-468), codified at 49 U.S.C.

§ 60134. The SDP program was further amended by the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112-90). 49 U.S.C. § 60134(a) authorizes the Secretary to award grants to a State authority (including a municipality with respect to intrastate gas pipeline transportation) to assist in improving the overall quality and effectiveness of a damage prevention program of the State authority.

A.3 Background Since the inception of the SDP program, PHMSA has awarded over $19 million in SDP grant funds to over 40 State organizations. States are required to implement at least one of the nine elements of an effective damage prevention program, as set out in 49 U.S.C.

§ 60134(b), with the grant funds. A summary of the past SDP awards, including final reports from completed grant projects, is available at https://primis.phmsa.dot.gov/sdp.

SECTION B – FEDERAL AWARD INFORMATION

B.1 Funding Subject to the availability of appropriations and carryover funds, PHMSA anticipates approximately $1.88 million will be available to support the SDP grant program. Grant awards under this NOFO will not exceed $100,000 for a single recipient.

Recipients may request up to 50 percent of the total amount of the award upon execution of the grant agreement. The remaining amount may be requested upon receipt and approval by the PHMSA Agreement Officer Representative (AOR) of the mid-term progress report and mid-term financial status report.

B.2 Period of Performance The period of performance is 12 months. Applicants should only apply for funding that can be reasonably expended within this time frame and for projects that can be completed within the period of performance. PHMSA will authorize, as allowed in 2 CFR § 200.309, any grant expenditures during calendar year 2021 that may be incurred prior to the award date of the FY 2021 SDP grant provided the expenditure supports ongoing State damage prevention enforcement program personnel costs.

B.3 Type of Award This is a discretionary grant award.

B.4 Previous Awards Applicants that received a previous PHMSA SDP grant award may also apply for an FY 2021 SDP grant. Additionally, applicants that applied for a previous PHMSA One-Call grant may also apply for an FY 2021 SDP grant. Applicants may apply for grants under https://primis.phmsa.dot.gov/sdp

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 5 of 15 both programs for projects that are related, but cannot receive funding under both programs for projects that are identical in scope.

SECTION C – ELIGIBILITY INFORMATION

C.1 Eligible Applicants Any State authority designated by the Governor, including a municipality with respect to intrastate gas pipeline transportation, which is or will be responsible for protecting underground pipeline facilities from excavation damage is eligible. Applicants must have the eligible State authority participate in the oversight of pipeline transportation pursuant to an annual 49 U.S.C. § 60105 certification or a 49 U.S.C. § 60106 agreement in effect with PHMSA.

To qualify for funding under this program, a State may not provide any exemptions to municipalities, State agencies, or their contractors, from the one-call notification system requirements of the program. See 49 U.S.C. § 60134(a)(3). Questions about eligibility status related to this requirement should be directed to Annmarie Robertson annmarie.robertson@dot.gov.

C.2 Cost Sharing or Matching There are no cost-sharing or matching requirements.

C.3 Other Eligibility Requirements – The Nine Elements of Effective Damage

Prevention Program PHMSA may award a grant to an eligible State authority only if the State has an effective damage prevention program or demonstrates that it has made substantial progress toward establishing an effective damage prevention program. An effective damage prevention program (See 49 U.S.C. § 60134(b)) includes these nine elements below:

• Element 1 (Enhanced Communication Between Operators and Excavators):

Participation by operators, excavators, and other stakeholders in developing and implementing methods for establishing and maintaining effective communications between stakeholders – from receipt of an excavation notification to successful completion of the excavation, as appropriate.

• Element 2 (Fostering Support and Partnership of All Stakeholders): A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program.

• Element 3 (Operator’s Use of Performance Measures for Locators): A process for reviewing the adequacy of a pipeline operator’s internal performance measures regarding persons performing locating services and quality assurance programs.

• Element 4 (Partnership in Employee Training): Participation by operators, excavators, and other stakeholders in developing and implementing effective employee training programs to ensure that operators, the one-call center, the enforcing agency, and the excavators have partnered to design and implement

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 6 of 15 training for the employees of operators, excavators, and locators.

• Element 5 (Partnership in Public Education): A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities.

• Element 6 (Enforcement Agencies’ Role to Help Resolve Issues): A process for resolving disputes that defines the State authority’s role as a partner and facilitator to resolve issues.

• Element 7 (Fair and Consistent Enforcement of the Law): Enforcement of State damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate State authority.

• Element 8 (Use of Technology to Improve the Locating Process): A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs.

• Element 9 (Data Analysis to Continually Improve Program Effectiveness): A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements identified by such program reviews.

SECTION D – APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package PHMSA requires applicants for this funding opportunity to apply electronically through www.Grants.gov. Applicants must download the application package associated with this funding opportunity by following the directions provided at Grants.gov. To request a hard copy of the application package, please contact:

Ben Patterson, Agreement Officer Acquisition Services Division Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, E22-305 Washington, DC 20590 Phone: 202-366-5102 Email: Ben.Patterson@dot.gov

If you are a hearing-impaired person, please contact the FR/TTY at 1-800-877-8339 or email PHMSA-Accessibility@dot.gov.

Applicants may submit an application for more than one project but should select one Element per project. If a project fits into more than one Element, the applicant should select the Element that most closely aligns with the project. To apply, applicants must be registered at www.Grants.gov. New users must register for an account. Please note that new user registrations for Grants.gov can take up to two weeks to complete. For additional questions on how to register, contact www.Grants.gov support.

mailto:Ben.Patterson@dot.gov mailto:PHMSA-Accessibility@dot.gov http://www.grants.gov/

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 7 of 15

Additionally, applicants must register with FedConnect at https://www.fedconnect.net for an account before submitting an application. Your organization’s Marketing Partner ID number (MPIN), which can be retrieved from System for Award Management (www.SAM.gov), is required to create an account. For instructions on how to register in FedConnect and how to use the portal, view the FedConnect: Ready, Set, Go! Tutorial under the Need Help? section on the FedConnect home page. For other technical issues or questions, either email fcsupport@unisonglobal.com or call us at 1-800-899-6665 option 2. The FedConnect Support Center is staffed Monday - Friday 8 a.m. to 8 p.m., ET, except Federal holidays.

D.2 Content and Form of Application Submission Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department encourages applicants to describe how activities proposed in their application would address the unique challenges facing rural transportation networks, regardless of the geographic location of those activities.

Each application must consist of the following required documents:

1. Application for Federal Assistance (Standard Form (SF)-424)

2. Budget Information – Non-Construction Programs (SF-424A)

3. Project Narrative

4. Budget Narrative and Estimates

5. Standard Title VI/Non-Discrimination Assurances

6. Certification Regarding Lobbying

The application forms and templates are available on www.Grants.gov in the ‘Related Documents’ tab with detailed instructions on the application process. Provide a letter, signed by the Governor, designating the applicant as the State authority eligible to receive the grant. DO NOT PHYSICALLY MAIL THE LETTER, but the PDF letter that is uploaded electronically should be addressed to Ben Patterson, U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA), ATTN: Acquisition Services Division (PHF-20), 1200 New Jersey Ave, SE, E22-305, Washington, DC 20590. See Section D.5 for online submission instructions.

D.3 Description of Cost Categories Applicants must use SF-424A through www.Grants.gov to submit their budget/cost proposal. The budget should reflect the applicant’s best terms from a cost and technical standpoint to perform the work. No fee or profit should be proposed.

Additional budgetary information, broken out as described below, must provide detailed information on each cost element, consistent with the applicant's cost accounting system.

The amounts requested for each budget category must be justified in a Budget section under each Application Element in applicant responses to this announcement. Budget Narratives must address the following items:

• If your budget estimate includes indirect costs, please attach a copy of your approved indirect cost rate agreement along with your proposal. If your https://www.fedconnect.net/ http://www.sam.gov/ mailto:fcsupport@unisonglobal.com https://www.transportation.gov/rural

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 8 of 15 entity does not have an approved indirect cost rate agreement, please include a statement to that effect in your budget request (per the de minimis cost rate in 2 CFR Part 200).

• If your budget includes personnel costs, please include a complete breakdown, including personnel title/position, hourly rate, and the number of hours expected to be spent by each personnel on the proposed project.

• If your proposal includes travel costs, please include adequate details on how the cost has been calculated including travel fare, hotel costs, per diem for each anticipated travel excursion, etc.

• If your proposal includes equipment costs, please include adequate details on how the cost has been calculated, including information on each specific equipment piece(s) required and their individual costs.

***Further, please note that in order to comply with the requirements of 2 CFR Part 200, Subpart E, and DOT’s Guide to Financial Assistance, PHMSA’s Agreement Officers and Grant Specialists may request additional information pertaining to your application during the application review/evaluation process. ***

D.4 Unique Entity Identifier (Dun and Bradstreet Universal Numbering System (DUNS) Number) and System for Award Management (SAM) Each applicant is required to: (i) Be registered in SAM before submitting its application;

(ii) provide a valid DUNS number in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application under consideration by PHMSA. PHMSA may not make a grant award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements and, if an applicant has not fully complied with all applicable DUNS and SAM requirements by the time that PHMSA is ready to make a grant award, PHMSA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making an award to another applicant.

We recommend that applicants review the SAM database to ensure that their DUNS number is updated and active: https://www.sam.gov/portal/public/SAM/. PHMSA will review an applicant’s registration status to ensure that the applicant is current on all Federal taxes and not on the list of parties excluded from Federal awards.

D.5 Submission Dates and Times Completed applications must be received electronically through www.Grants.gov by 11:59 PM Eastern Time on March 15, 2021. DO NOT PHYSICALLY MAIL ANY APPLICATIONS. Applications received after this deadline may not be considered.

PHMSA will only accept one application from each applicant.

Questions Due Date & Time: February 23, 2021 at 11:59 pm ET NOTE: All questions MUST be submitted via the Message Center in FedConnect.

Please use the spreadsheet titled “5 Form to Submit Questions” when you submit your questions in FedConnect. Please do not send questions via e-mail. PHMSA is not responsible for answering questions that were received after the Questions Due Date & Time.

D.6 Funding Restrictions

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 9 of 15

• Funds may only be used to pay the cost of the personnel, equipment, and activities that the State authority reasonably requires for the calendar year covered by the grant to develop or carry out its damage prevention program.

• Funds may not be used for expenses claimed and or reimbursed by another program.

• Funds may not be used for expenses counted as match funds toward another Federal program.

• Funds may not be used for any additional costs disallowed or stated as ineligible in 2 CFR Part 200.

• Funds provided under grant awards may not be used for lobbying, advocacy or in direct support of litigation.

• Funds may not be used to cover costs associated with regulatory compliance programs for pipeline operators.

• Construction is not an allowable activity under this announcement.

• Funds provided under this grant may not be used to fund membership dues, professional activity costs, and sponsorship of conferences or events organized by another entity.

• Meetings and conferences: Federal regulation (2 CFR § 200) addresses the use of grant funding for meetings and conferences, which is permissible if the primary purpose of the function is the dissemination of technical information. However, funding may not be used to cover costs associated with entertainment, such as shows or sporting events, or the purchase of alcoholic beverages.

• Funds should not be used to cover costs associated with the normal operations of the one-call center.

• Funding for equipment, including vehicles, may not exceed $5,000. Applications with equipment purchases specified should demonstrate how the use of the equipment specifically relates to State damage prevention.

• All PHMSA awards are subject to the terms and conditions in the grant agreement and cost principles in 2 CFR Part 200 Subpart E.

• Reimbursement of Federal pre-award costs is not allowed.

D.7 Other Submission Requirements PHMSA requires applicants for this funding opportunity to apply electronically through www.grants.gov. Do not physically mail the application. Applicants must download the application package associated with this funding opportunity at www.grants.gov.

Applicants should state whether the project is located in a Qualified Opportunity Zone designated pursuant to 26 U.S.C. § 1400Z-1.

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Criteria Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural transportation networks face unique challenges. To the extent that those challenges are

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 10 of 15 reflected in the merit criteria listed in this section, the Department will consider how the activities proposed in the application will address those challenges, regardless of the geographic location of those activities.

PHMSA developed evaluation criteria to rate and select competing applications.

Submission of an application is not a guarantee of award. PHMSA may, at its discretion, award a grant based on an application in its entirety, award only portions of a grant based on its application, or not award a grant at all.

PHMSA will evaluate the SDP applications using the evaluation criteria below to rate and select competing applications. Each of these categories will be weighted, with Criterion 1 being weighted the most, and Criterion 4 being weighted the least. PHMSA may, at its discretion, award a grant based on an application in its entirety, award only portions of a grant based on its application, or not award a grant at all.

The Department will review and consider applications for funding pursuant to this Notice in accordance with the President’s September 2, 2020 memorandum, entitled Memorandum on Reviewing Funding to State and Local Government Recipients of Federal Funds that Are Permitting Anarchy, Violence, and Destruction in American Cities, consistent with guidance from the Office of Management and Budget and the Attorney General and with all applicable laws.

Criterion 1. Relevance to the Nine Elements:

This criterion will be used to evaluate proposed work under each element addressed in the application and will be used to evaluate whether proposed projects:

• Clearly link results to one or more of the nine elements listed in Section C.3.

• Have merit for implementing or support of the nine elements within the State.

• Align with the meaning and intent of the nine elements, as described in

PHMSA’s Damage Prevention Assistance Program (DPAP) Guide (available at https://primis.phmsa.dot.gov/comm/publications/DPAP-Guide-FirstEdition- 20080911.pdf).

Criterion 2. Costs, Results and Schedule:

This criterion will be used to evaluate proposed work under each element addressed in the application and will be used to evaluate whether proposed projects:

• Will produce tangible results within the proposed project period.

• Establish clear goals, objectives, milestones, and estimates of project costs.

• Have deliverables that do not overlap with the deliverables of any other

PHMSA grant award to the State.

• Use funds efficiently and effectively.

Criterion 3. State’s Commitment to the Nine Elements:

This criterion will be used to evaluate the applicant’s description of existing damage prevention activities as they relate to the nine elements. This criterion will be used to evaluate applications that demonstrate that the State has made substantial progress https://primis.phmsa.dot.gov/comm/publications/DPAP-Guide-FirstEdition-20080911.pdf https://primis.phmsa.dot.gov/comm/publications/DPAP-Guide-FirstEdition-20080911.pdf

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 11 of 15 toward, or has clear and concrete plans for, implementing the nine elements.

Criterion 4. State’s Commitment to Damage Prevention Program Effectiveness:

This criterion will be used to evaluate the applicant’s description of any legislative or regulatory actions (including studies, etc.) taken by the State within the past five years pertaining to damage prevention program improvement. This criterion will be used to evaluate applications that demonstrate the State’s commitment to ensuring lasting damage prevention program effectiveness and continuing improvement, including any legislative and/or regulatory actions taken within the past five years or other significant activities, such as efforts of study groups or task teams established to analyze the State’s damage prevention program.

E.2 Review and Selection Process

PHMSA will evaluate applications through administrative, technical, and programmatic reviews based on the evaluation criteria.

Administrative Review: PHMSA will conduct an administrative review to ensure the application meets the eligibility criteria outlined in Section C on Eligibility Information.

Each application will be reviewed for completeness to ensure it includes all the required elements to qualify for the grant. If the application does not meet the required elements, then the application is likely to be rejected.

Technical Review: PHMSA will conduct a technical review of the application to assess how the proposed work is to be performed and whether the application is responsive to the applicable program requirements (i.e. performance measurement, methodology, and technical merit). PHMSA may use outside stakeholders as part of the technical review panel. Outside stakeholders who are part of this review panel may be individuals from damage prevention stakeholder groups with expertise in pipeline safety.

Programmatic Review: PHMSA will conduct a programmatic review to assess programmatic factors. Programmatic factors are those factors that are relevant and essential to the process of selecting applications that best achieve the program objectives, in accordance with applicable statutes, regulations, policies, and guidelines.

Programmatic factors may include history of performance, program priorities, and other modal needs (i.e. rural areas and Qualified Opportunity Zones).

Based on the results from each review, each application will receive an overall rating either as:

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 12 of 15

Rating Guideline Highly Recommended - The application demonstrates that the NOFO requirements are very well understood and the approach will likely result in very high-quality performance. The application clearly addresses and exceeds requirements. The application contains outstanding features that meet or exceed on multiple dimensions the expectations of the Government. The application aligns very well with the DOT objectives and priorities. The risk of poor performance is very low.

Recommended - The application demonstrates that the NOFO requirements are understood and the approach will likely result in satisfactory performance. The application addresses and meets requirements with some minor weaknesses. The application demonstrates requisite experience, qualifications, and performance capabilities. The application aligns with the DOT objectives and priorities. The risk of poor performance is low.

Acceptable - The application demonstrates that the NOFO requirements are mostly understood and the approach will likely result in satisfactory performance for part of the requirements. The application addresses some of the requirements with some weaknesses. The application demonstrates some experience, qualifications, and/or performance capabilities. The application partially aligns with the DOT objectives and priorities. The risk of poor performance is moderate.

Not Acceptable - The application does not meet the NOFO requirements. The application fails to address many requirements. The applicant may be ineligible to apply for the grant. The application could not satisfy critical requirements without a major revision and/or a rewrite of the application or a major redirection effort. The application does not align with the DOT objectives and priorities. The risk of poor performance is high.

Selection Process Final award recommendations will be made by the PHMSA Administrator after taking into consideration recommendations made during the administrative, technical, and programmatic reviews and how well the applications address PHMSA’s safety priorities, which include, but are not limited to:

Priority 1

• Element 3: A process for reviewing the adequacy of a pipeline operator's internal performance measures regarding persons performing locating services and quality assurance programs.

• Element 7: Enforcement of State damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate State authority.

• Element 9: A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 13 of 15 identified by such program reviews.

Priority 2

• Element 4: Participation by operators, excavators, and other stakeholders in the development and implementation of effective employee training programs to ensure that operators, the one-call center, the enforcing agency, and the excavators have partnered to design and implement training for the employees of operators, excavators, and locators.

• Element 5: A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities.

• Element 8: A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs.

Priority 3

• Element 1: Participation by operators, excavators, and other stakeholders in the development and implementation of methods for establishing and maintaining effective communications between stakeholders from receipt of an excavation notification until successful completion of the excavation, as appropriate.

• Element 2: A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program.

• Element 6: A process for resolving disputes that defines the State authority's role as a partner and facilitator to resolve issues.

The Secretary of Transportation will make final award selection decisions.

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices PHMSA’s grant awarding official will award grants to responsible and eligible applicants who submit the most qualified applications under the procedures set forth in this NOFO.

All funds provided by PHMSA must be expended solely for the purpose for which the funds are awarded in accordance with the approved application and budget, regulations, terms and conditions of the award, applicable Federal cost principles, and the Department’s financial assistance regulations. Grant funds may not be used for lobbying or litigation, cover costs associated with the normal operations of a one-call center, or be used for costs associated with regulatory compliance programs for pipeline operators.

Unsuccessful applicants will be notified that their application was not selected for funding.

The grant award agreement, signed by both the PHMSA Agreement Officer and the

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 14 of 15 recipient’s Authorized Representative, is the authorizing document and will be provided through electronic means to the Authorized Representative. The grant award agreement will provide pertinent instructions and information including, at a minimum, the following:

1) The legal name and address of the recipient;

2) Title of project;

3) Federal Award Identification Number (FAIN) assigned by PHMSA;

4) Period of Performance

5) Total amount of financial assistance approved for the project;

6) Legal authority(ies) under which the award is issued;

7) Assistance Listing Program (formerly CFDA) number and name;

8) Applicable award terms and conditions;

9) Approved budget plan for categorizing allocable project funds to accomplish the stated purpose of the award; and

10) Other information or provisions deemed necessary by PHMSA.

F.2 Administrative and National Policy Requirements Several Federal statutes and regulations apply to grant applications considered for review and grants awarded under this program. See Attachment 1: Terms and Conditions of this NOFO for a list of statutes and regulations that are applicable.

See also Attachment 2: Standard Title IV/Non-Discrimination Assurances for the form by the same name that must be completed and returned by the grant applicant.

F.3 Reporting Requirements Progress Reports: Grant recipients must submit a Mid-term Progress Report and Mid-term Financial Status Report (Standard Form 425) six months after the effective date of the grant award. These reports should clarify at the top of the report that this report is a “Mid-Term Report” so that it is not confused with Final Reports that are ultimately delivered. If, by the six-month mark, the grant recipient has already completed all performance on their grant, then the grant recipient may immediately submit their Final Reports (see below) and dispense with producing Mid-term reports.

Final Reports: Grant recipients must submit a Final Progress Report and Final Financial Status Report (Standard Form 425) no later than 90 days after the end of the grant period of performance.

The written Mid-Term Progress Report and Final Progress Report will include the following information:

1. A comparison of actual accomplishments to the objectives established for the period.

2. Where the output of the project can be quantified, a computation of the cost per unit of output.

3. The reasons for delays or missed milestones if established objectives were not met.

In total, four reports (Mid-term Progress Report, Final Progress Report, Mid-

US DOT: PHMSA FY 2021 State Damage Prevention Grant Page 15 of 15 term Financial Status Report, and Final Financial Status Report) on the deliverables funded by the grant will be required. In addition to the information above, the reports must include the following (1) a description of how the funds were used to improve the State damage prevention program; (2) documentation of actual expenses; and (3) a separate report summary not exceeding one page in length. PHMSA will review the final reports to ensure that grant objectives were satisfactorily implemented.

SECTION G – FEDERAL AWARDING AGENCY CONTACTS

***All questions related to the content of this funding opportunity MUST be submitted via the Message Center in FedConnect. Use the form titled “5 Form to Submit Questions” when you submit your questions in FedConnect. Please do not send questions via e-mail. ***

For technical issues or questions related to FedConnect, please email fcsupport@unisonglobal.com; applicant can also submit questions through the portal on their website, or call 1-800-899-6665 option 2.

Points of Contact:

Brandon P. Beyer, Agreement Administrator Phone: (202) 366-5513 Email: brandon.beyer@dot.gov

Ben Patterson, Agreement Officer Phone: (202) 366-5102 Email: Ben.Patterson@dot.gov

For technical issues or questions related to www.Grants.gov, please email support@grants.gov.

SECTION H – OTHER INFORMATION

Given the complexity of some aspects of the application process, technical assistance is available to rural applicants and inexperienced or under-resourced applicants to help with the application process. Please contact the Brandon Beyer at 202-366-5513 or email brandon.beyer@dot.gov for technical assistance.

mailto:fcsupport@unisonglobal.com mailto:support@grants.gov mailto:brandon.beyer@dot.gov