ARPA EAA NOFO.pdf

NOTICE OF FUNDING OPPORTUNITY

EXECUTIVE SUMMARY

• Federal Agency Name: Economic Development Administration (EDA or the Agency), U.S.

Department of Commerce (DOC).

• Federal Funding Opportunity Title: FY 2021 American Rescue Plan Act Economic Adjustment Assistance Notice of Funding Opportunity (NOFO) (ARPA EAA NOFO).

• Announcement Type and Date: ARPA EAA NOFO announcement publishing EDA’s application submission requirements and application review procedures under EDA’s EAA program, as authorized by sections 209 and 703 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.) (PWEDA). Effective date:

July 22, 2021.

• Funding Opportunity Number: EDA-2021-ARPAEAA

• Catalog of Federal Domestic Assistance (CFDA) Number: 11.307, Economic Adjustment Assistance

• Dates: There are no application submission deadlines. Applications will be accepted on an ongoing basis until the publication of a new ARPA EAA NOFO, cancellation of this ARPA EAA NOFO, or all available funds have been expended.

While EDA encourages eligible applicants to submit their applications as soon as possible, EDA strongly advises eligible applicants to submit complete applications no later than March 31, 2022 so that EDA can review and process the application in time to get a potential award in place prior to deadlines imposed by Congress. Submission by March 31, 2022 is not a guarantee of funding. Any award is subject to the availability of funds. See Section E of this ARPA EAA NOFO regarding EDA’s review process.

• Eligible Applicants: Pursuant to section 3(4) of PWEDA (42 U.S.C. § 3122(4)(A)) and 13 C.F.R. § 300.3 (Eligible Recipient), eligible applicants under the EAA program include a(n):

(i) District Organization of an EDA-designated Economic Development District (EDD); (ii) Indian Tribe or a consortium of Indian Tribes; (iii) State, county, city, or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (iv) institution of higher education or a consortium of institutions of higher education; or (v) public or private non-profit organization or association acting in cooperation with officials of a general purpose political subdivision of a State.

Under the EAA program, EDA is not authorized to provide grants or cooperative agreements to individuals or to for-profit entities. Requests from such entities will not be considered for funding.

• Funding Opportunity Description: Subject to the availability of funds, awards made under this NOFO will help communities and regions devise and implement long-term economic recovery strategies through a variety of non-construction and construction projects to assist communities and regions impacted by the coronavirus pandemic.

FULL ANNOUNCEMENT TEXT

FY 2021 EDA American Rescue Plan Act Economic Adjustment Assistance Notice of Funding Opportunity

A. Program Description

1. Overview and Program Information

2. EDA Investment Priorities

3. Statutory Authorities for EDA’s Programs

4. What Is Resilience?

B. Federal Award Information

1. What Funding Is Available Under this Announcement?

2. Initial EDA Regional Office Allocations

3. What Type of Funding Instrument Will Be Used to Make Awards? How Long Will a

Project’s Period of Performance Be?

C. Eligibility Information

1. Eligible Applicants

2. Applicable Disaster Declaration and Responsiveness to the Coronavirus Pandemic

3. Cost Sharing or Matching

D. Application Submission Information

1. Address to Request Application Package

2. Content and Form of Application Submission

3. Submission Dates and Times

4. Intergovernmental Review

5. Pre-award Costs

6. Other Submission Requirements

E. Application Review Information

1. Review and Selection Process

2. Grants Officer’s Decision

3. Federal Awardee Performance and Integrity Information System (FAPIIS) Review

F. Federal Award Administration Information

1. Federal Award Notification

2. Administrative and National Policy Requirements

3. DOC Financial Assistance Standard Terms and Conditions and EDA Standard Terms and

Conditions for RLF and Construction Projects

4. DOC Pre-Award Notification Requirements

5. Reporting

G. Federal Awarding Agency Contacts

Atlanta Regional Office

Austin Regional Office Chicago Regional Office Denver Regional Office Philadelphia Regional Office Seattle Regional Office

H. Other Information

1. Right to Use Information

2. Publication of Applications and Freedom of Information Act Disclosure

3. Notice of Government-Wide Procurement Restriction

4. Past Performance and Non-Compliance with Award Provisions

5. Certifications Required by Annual Appropriations Acts for Corporations and for Awards over $5 Million

6. EDA’s Non-Relocation Policy

7. Audit Requirements

8. Implementing the Americans with Disabilities Act (ADA)

9. Fraud Awareness Training

I. Instructions for Application Submission via Grants.gov

1. Register Early and Submit Early

2. AOR Requirement

3. Field Limitations and Special Characters

4. Verify That Your Submission Was Successful

5. Grants.gov Systems Issues

A. Program Description

1. Overview and Program Information

a. Overview

EDA’s mission is to lead the Federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. Through this ARPA EAA NOFO, EDA aims to assist communities and regions impacted by the coronavirus pandemic, including historically underserved communities. The pandemic has caused, and continues to cause, economic injury to U.S. communities and regions in devastating and unprecedented ways.

EDA’s ARPA EAA NOFO is designed to provide a wide-range of financial assistance to communities and regions as they respond to, and recover from, the economic impacts of the coronavirus pandemic, including long-term recovery and resilience to future economic disasters.

Under this announcement, EDA solicits applications under the authority of the Economic Adjustment Assistance (EAA) program, which is flexible and responsive to the economic development needs and priorities of local and regional stakeholders. This is the broadest NOFO EDA is publishing under ARPA and any eligible applicant from any EDA Region may apply.

EDA expects to fund a number of projects under this NOFO that support communities negatively impacted by the downturn in the coal economy, supporting transitioning away from coal.

b. EAA Program Information

Through the EAA program, EDA provides investments that support a wide range of non-construction and construction activities in regions experiencing severe economic dislocations, such as those brought about or exacerbated by the coronavirus pandemic. Through this program, EDA can support both the development of pandemic recovery strategies and the implementation of recovery projects identified with those strategies. This includes construction activities such as water and sewer system improvements, industrial parks, high-tech shipping and logistics facilities, business incubators and accelerators, brownfield redevelopment, technology-based facilities, wet labs, multi-tenant manufacturing facilities, science and research parks, workforce training facilities, and telecommunications infrastructure (e.g., broadband) and development facilities. This also includes non-construction activities such as design and engineering, technical assistance, economic recovery strategy development, and capitalization of revolving loan funds (RLFs).

Note that this ARPA EAA NOFO is intended to fund non-construction and construction activities not already part of another NOFO promulgated by EDA to implement the American Rescue Plan Act. In particular, if a specific non-construction or construction project is part of the Build Back Better Regional Challenge NOFO it will only be considered under this ARPA EAA NOFO to the extent that the Build Back Better Regional Challenge package of projects was not selected. If an applicant has inadvertently applied to the incorrect NOFO, or if a Build Back Better Regional Challenge package is not selected, EDA in its discretion may move the project to the more appropriate NOFO. Indigenous communities are eligible to apply under any ARPA

NOFO, though EDA may in its discretion move applications between this NOFO and the Indigenous Communities NOFO.

In EDA’s experience with post-disaster recovery, the most effective rebuilding efforts are based on long-term regional development or redevelopment strategies that leverage Federal funding in coordination with state, local, and private sector resources. For this reason, EDA encourages the submission of applications based on long-term, regionally oriented, coordinated, and collaborative economic development or redevelopment strategies that foster economic growth and resilience. This includes plans aimed at building stronger regional economic links between urban centers and rural areas.

It is important that investments support the economic recovery through strong employment opportunities for workers, including but not limited to opportunities for workforce development, rehiring of laid off workers, and creating and retaining union jobs and well-paying jobs with good benefits. Moreover, it is important that investments in infrastructure and construction projects be carried out in ways that produce high-quality infrastructure, avert disruptive and costly delays, and promote efficiency. EDA understands the importance of promoting workforce development and encourages recipients to ensure that construction projects use strong labor standards, including project labor agreements and community benefit agreements that offer wages at or above the prevailing rate and include local hire provisions to promote effective and efficient delivery of high-quality infrastructure projects, as well as the economic recovery. Using these practices in construction projects may help to ensure a reliable supply of skilled labor that would minimize disruptions, such as those associated with labor disputes or workplace injuries.

Prospective applicants should note that section C sets out eligibility criteria for applications, and only applications meeting the eligibility criteria will be considered. EDA will evaluate and select applications according to the evaluation criteria set forth in section E.

EDA may make changes or additions or cancel the ARPA EAA NOFO at any time. All changes will be communicated via Grants.gov.

c. Assistance to Coal Communities

EDA expects $200 million of the funds under this NOFO to go to communities negatively impacted by changes in the coal economy. Like other communities across the country, the coronavirus pandemic exacerbated preexisting economic distress and highlighted the need for implementation projects and activities in these communities,1 such as those that:

1 In general, EDA will consider applications for projects in communities and regions where the primary coal economy contraction “event” (e.g., closure of a coal mine or a coal-fired power plant, closure of various coal economy supply chain businesses, etc.) took place within 15 years of the application submission date. Note, this timeframe is a range during which projects will generally be eligible; applicants may propose projects outside this timeframe, but should take special care to demonstrate that the primary coal economy contraction “event” continues to tangibly impact the community.

o Will produce multiple economic and workforce development outcomes, such as promoting regional economic growth and diversification, new job creation, and re-employment opportunities for displaced coal economy workers; and o Are specifically identified under local and regional economic development plans that have been collaboratively produced by diverse local and regional stakeholders.

“Coal economy” is a term that reflects the complete supply chain of coal-reliant industries.2 This includes, but is not limited to: coal mining, coal-fired power plants, along with related transportation, logistics, and supply chain manufacturing. Applicants should submit information as part of their application demonstrating that the project is in or directly benefits a coal community (discussed below in section D.2.a). Examples of the types of acceptable data that applicants can use to demonstrate the negative impacts of local and/or regional coal industry contractions include (and are not limited to) economic indicators, labor market analyses, official announcements made by local and regional industries and firms, demographic, and industry data.

d. Workforce Development

Potential grantees considering projects to develop or support regional workforce training systems should submit proposals under the EDA ARPA Jobs Challenge NOFO, unless that project requires a construction activity not eligible under the Jobs Challenge NOFO. Projects to develop or support regional workforce training systems that require a construction activity are encouraged to apply to this NOFO. For any project that seeks workforce development funding under this NOFO, EDA strongly encourages the applicant to follow and incorporate the principles outlined in the Jobs Challenge NOFO around creating and implementing an employer-driven job training system.

e. Strategy Grants

In addition to implementation projects, applicants may also seek funding in the form of a “strategy grant” to develop, update, or refine a statewide Comprehensive Economic Development Strategy (CEDS) or multi-jurisdictional CEDS that incorporates the needs of multiple Economic Development Districts.3 Such a CEDS must aim to alleviate long-term economic deterioration or prepare strategies for dealing with future sudden or severe economic dislocations, including future pandemics, as described in EDA’s regulations at 13 C.F.R. §

307.3.4 Depending on the needs of a state or region, applicants may be eligible for an initial

2 Examples of supply chain industries include, but are not necessarily limited to, manufacturers of mining equipment and parts for coal-fired power plants and transportation companies that carry coal.

3 Under the CARES Act, EDA provided funds for Economic Development Districts to update current CEDS to reflect strategies to recover from the pandemic. Any CEDS work funded under this NOFO as described in this paragraph must be unique from that previously funded work.

4 The regulations implementing the EAA program may be found at 13 C.F.R. part 307. Please note that section

307.3 of EDA’s regulations describes the differences between an EAA implementation grant and an EAA strategy grant. See also 42 U.S.C. § 3149(b)(2) (EAA planning project is not required to be carried out in an area with a CEDS or be consistent with an existing CEDS).

strategy grant and a subsequent implementation grant. EDA will consider applications submitted by eligible applicants located in or acting on behalf of the region(s) to be covered by the CEDS.5

f. Ineligible Projects

Some projects are generally ineligible under this NOFO, including projects that are primarily residential in nature, projects to create community amenities (e.g., swimming pools, zoos, recreational centers), projects that support casinos or gaming, projects that support general governmental or public safety functions (e.g., buildings to house municipal government, firehouses, public safety equipment), and requests for funding to supplement operating budgets or replace lost revenue (including lost tax revenue). In addition, EDA will not fund projects that are primarily directed at public health responses to the coronavirus pandemic (e.g., testing or vaccination centers, increased hospital capacity, acquisition of PPE for general government use or public distribution); however, incidental public health costs may be included in project budgets (e.g., the cost of PPE for personnel providing technical assistance, larger spaces to accommodate social distancing, increased travel costs to accommodate pandemic safety measures). Applicants who are unsure whether their proposed project is eligible under this NOFO should consult the appropriate EDA Regional Office Point of Contact (POC) listed in section G.

Funds may not be used, directly or indirectly as an offset for other funds, to support or oppose collective bargaining.

g. CEDS Alignment

Except for a strategy grant as described above, each project funded under EAA must be consistent with the region’s current CEDS or an equivalent EDA-accepted regional economic development strategy meeting EDA’s CEDS or strategy requirements. In accordance with 13 CFR § 303.7(c)(1), in certain circumstances EDA may accept a non-EDA-funded CEDS that does not contain all the elements EDA requires of a CEDS.6 Applicants must detail how the proposed project will support the economic development needs and objectives outlined in the CEDS or equivalent strategy, and provide a copy of this planning document, either by attaching the document to the application or providing a web link for the document. In addition, applicants should indicate if other Federal funds have been secured or requested to support any portion of the project for which an EDA investment is proposed. Applicants should describe how the EDA investment will complement, leverage, or otherwise align with other public and private investments to accomplish the planned deliverables and outcomes. Where other Federal funding may be involved in the project, the applicant should provide the Federal program name and

5 A subsequent implementation grant can be either construction or non-construction. A non-construction implementation grant might be to provide technical assistance to local businesses better position themselves to survive future economic shocks or workforce training to local residents to better position them to find in-demand jobs.

6 In doing so, EDA shall consider the circumstances surrounding the application for investment assistance, including emergencies or natural disasters and the fulfillment of the requirements of section 302 of PWEDA.

contact information with the application to facilitate interagency coordination and avoid duplication of resources.

2. EDA Investment Priorities

All projects considered for EDA funding under this ARPA EAA NOFO must be consistent with EDA’s Recovery and Resilience Investment Priority. Applicants may also demonstrate that a project is consistent with any of EDA’s other Investment Priorities and may be considered more competitive as a result. EDA’s Investment Priorities are located at https://www.eda.gov/about/investment-priorities/. The priorities may be updated from time to time. Any future revisions will be reflected on EDA’s website on January 15, April 15, July 15, or October 15 of each year.

3. Statutory Authorities for EDA’s Programs

The statutory authority for the EAA program is section 209 of PWEDA (42 U.S.C. § 3149). The statutory authorization of supplemental appropriations for economic disaster recovery activities is section 703 of PWEDA (42 U.S.C. § 3233). Additional programmatic authority is provided by the American Rescue Plan Act of 2021 (Pub. L. 117-2).

Applicant eligibility and program requirements are set forth in EDA’s regulations (codified at 13 C.F.R. Chapter III), and all applicants must address these requirements. EDA’s regulations are accessible at the Electronic Code of Federal Regulations website at https://www.ecfr.gov/cgi-bin/ECFR?page=browse. Under “Browse,” select “Title 13 – Business Credit and Assistance”, then “Go”, then “300-399”.

4. What Is Resilience?

In terms of economic development, resilience is broadly defined as the ability of a community or region to anticipate, withstand, and bounce back from various disruptions to its economic base.

These disruptions can be caused by a variety of things, including a downturn in the national or local economy as a result of the pandemic. Enhancing resilience in the face of the pandemic, especially in light of the ongoing impacts of a changing climate, is a multi-dimensional effort emphasizing engagement and support from all aspects of the community, including economic development practitioners. Some examples include:

• Efforts to broaden the industrial base or local sectoral specialization with diversification initiatives (e.g., moving away from a local or regional economy overly dependent on one industry that might be susceptible to downturns caused by the pandemic);

• Enhancing business retention and expansion programs to strengthen existing high-growth sectors and industries, development and construction of high-performance and resilient infrastructure and buildings (e.g., broadband, energy, flexible and natural infrastructure, safe development practices, business incubators) to mitigate future risk and vulnerability;

• Comprehensive planning efforts that involve extensive engagement from the community to define and implement a collective vision for economic recovery; and

• Investing and enhancing community human capital development through workforce training to broaden the skills base of the regional workforce.

https://www.eda.gov/about/investment-priorities/ https://www.eda.gov/about/investment-priorities/ https://www.ecfr.gov/cgi-bin/ECFR?page=browse https://www.ecfr.gov/cgi-bin/ECFR?page=browse https://www.ecfr.gov/cgi-bin/ECFR?page=browse

The development and adoption of new technologies can also play a vital role in strengthening economic resilience: deploying technologies (e.g., through modern infrastructure like broadband and renewable energy) enables resilience in the face of natural disasters made worse by pandemics and changing climates, and nurturing technology ecosystems supports dynamic, diverse economies that better withstand acute disruptions.

Resilience (within the context of economic development) is strengthened when it includes methods and measures to mitigate the potential for future economic injury, promote a faster “up-time” for economic anchors (e.g., key businesses and/or industries), and strengthen local and regional capacity to troubleshoot and address vulnerabilities within the regional economy. As noted above, to be competitive under this ARPA EAA NOFO, application submissions must explicitly incorporate resilience principles. Additional information about this subject is available at https://www.eda.gov/ceds/content/economic-resilience.htm.

B. Federal Award Information

1. What Funding Is Available Under this Announcement?

Under the American Rescue Plan Act of 2021 (Pub. L. 117-2), Congress provided EDA with $3,000,000,000, to remain available until September 30, 2022, to “prevent, prepare for, and respond to coronavirus and for necessary expenses for responding to economic injury as a result of coronavirus.” Of the $3 billion in appropriated funds, this NOFO specifically provides $500,000,000 for non-construction and construction EAA work, with $200,000,000 of those funds going to communities negatively impacted by the downturn in the coal economy, supporting transitioning away from coal.

Consistent with the above, EDA has allocated $500,000,000 in EAA program funds under this ARPA EAA NOFO among its six Regional Offices, as described below in section B.2. If an applicant is awarded funding, neither DOC nor EDA is under any obligation to provide any future funding in connection with that award or to make any future award(s). Amendments or renewals of an award to increase funding or to extend the period of performance are at the sole discretion of DOC and EDA.

Publication of this announcement does not obligate DOC or EDA to award any specific grant or cooperative agreement or to obligate all or any part of available funds. The award of any grant is subject to the availability of funds at the time of award as well as to DOC priorities at the time of award. Neither DOC nor EDA will be held responsible for application preparation costs. EDA anticipates funding approximately 300 non-construction and construction projects that cost between approximately $500,000 and $5,000,000 with this appropriation, though EDA will consider applications above and below these amounts.

2. Initial EDA Regional Office Allocations

Based on the total level of economic injury of the States and Territories as a result of the pandemic as measured by change in economic activity, EDA has allocated $500,000,000 in supplemental program funds among its offices as follows:

https://www.eda.gov/ceds/content/economic-resilience.htm https://www.eda.gov/ceds/content/economic-resilience.htm

Atlanta Regional Office – $100,630,929 Austin Regional Office – $63,792,927 Chicago Regional Office – $82,721,967 Denver Regional Office – $59,183,266 Philadelphia Regional Office – $134,304,116 Seattle Regional Office – $59,366,794

Note: When appropriate, EDA may exercise its discretion to adjust the allocations to its offices or adjust the total amount available under this NOFO and other American Rescue Plan Act NOFOs based on its experience in administering the supplemental appropriations to ensure funds are used to maximum effect or to adjust to unforeseen changes in recovery efforts.

3. What Type of Funding Instrument Will Be Used to Make Awards? How Long Will a Project’s Period of Performance Be?

Funding Instrument: Subject to the availability of funds, EDA may award grants or cooperative agreements to eligible applicants. EDA will award a cooperative agreement on a case-by-case basis if substantial agency involvement is required. For a cooperative agreement, the nature of EDA’s “substantial involvement” (to be included in the terms and conditions of the award) will generally be collaboration between EDA and the recipient on the scope of work. However, other possible examples of EDA’s “substantial involvement” may include, but are not limited to:

(i) authority to halt immediately an activity if detailed performance specifications are not met;

(ii) stipulation that the recipient must meet or adhere to specific procedural requirements before subsequent stages of a project may continue; (iii) involvement in the recipient’s selection of key personnel; and (iv) operational involvement and monitoring during the project to ensure compliance with statutory requirements.

Period of Performance: Under the EAA program, the project period of performance depends on the nature of the project for which the grant or cooperative agreement is awarded. Typically, economic recovery strategy grants and non-construction implementation projects may range in duration from 12 to 24 months. Implementation grants involving construction of project facilities and infrastructure generally are expected to range from 12 to 48 months. EDA will work closely with award recipients to accommodate their projected timelines within reason and allowances of regulations and grant policies. EDA expects that all projects will proceed efficiently and expeditiously, and EDA encourages applicants to document specifically when they will be able to start and complete the proposed project scope of work. EDA’s American Rescue Plan appropriations are available for making awards through September 30, 2022, though performance under the award may extend to no later than September 30, 2027.

C. Eligibility Information

1. Eligible Applicants

Eligible applicants for EDA EAA investment assistance include a(n):

a. District Organization;

b. Indian Tribe or a consortium of Indian Tribes;

c. State,7 county, city, or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions;

d. Institution of higher education or a consortium of institutions of higher education;

or

e. Public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State.8

2. Applicable Disaster Declaration and Responsiveness to the Coronavirus Pandemic

EDA has determined that economic injury from the coronavirus pandemic constitutes a “Special Need,” and eligibility may be established on that basis without reference to the other economic distress criteria. This determination of nationwide eligibility for these funds is consistent with the March 13, 2020 emergency declaration for the coronavirus disease 2019 (COVID-19) pandemic pursuant to the Stafford Act for all states, tribes, territories, local governments, and the District of Columbia (https://www.fema.gov/disasters/coronavirus/disaster-declarations#).

EDA has further determined that due to the pervasive nature of the economic impacts of the coronavirus pandemic, any construction or non-construction project that would address those impacts by creating or retaining jobs, or increasing the economic diversity or resiliency of a region, is eligible for funding. For example, an infrastructure project that creates new jobs in a region is responsive to the requirement that the funds be spent to respond to “economic injury as a result of coronavirus.”

3. Cost Sharing or Matching

a. EDA Investment Rate

For EDA’s American Rescue Plan, given the extent of the economic impact and in accordance with the agency’s statutory authority under section 703 of PWEDA (42 U.S.C. § 3233), EDA generally expects to fund at least 80%, and up to 100%, of eligible project costs. In determining whether to fund a project’s Federal share above 80%, EDA’s Grants Officers in the applicable Regional Office will consider on a case-by-case basis whether the circumstances of the proposed project warrant a Federal share in excess of 80%, including whether the applicant has exhausted its effective taxing or borrowing capacity, the extent of the economic impact of the coronavirus pandemic on the region, or whether the region meets other thresholds for elevated need based on the relative economic distress of the region. Applicants that submit projects with increased levels of match may be considered more competitive. Additionally, EDA may establish a maximum investment rate of up to 100% for projects of Indian Tribes. Any portion of the costs for the EDA

7 Under section 3(10) of PWEDA (42 U.S.C. § 3122), the term “State” includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

8 See section 3 of PWEDA (42 U.S.C. § 3122) and 13 C.F.R. § 300.3.

https://www.fema.gov/disasters/coronavirus/disaster-declarations https://www.fema.gov/disasters/coronavirus/disaster-declarations scope of work funded below 100% must be borne by the recipient or provided to the recipient by a third party as a contribution for the purposes of and subject to the terms of the award.

b. Documentation of Cost Sharing or Matching

The applicant must document that the matching share will: (i) be committed to the project for the period of performance, (ii) be available as needed, and (iii) not be conditioned or encumbered in any way that may preclude its use consistent with the requirements of EDA investment assistance.9 To meet these requirements, applicants must submit for each source of the matching share a commitment letter, board resolution, or equivalent document signed by an authorized representative of the organization providing the matching funds.

Additional documentation may be requested by EDA to substantiate the availability of the matching funds. Please contact the appropriate EDA Regional Office Point of Contact (POC) listed in section G of this ARPA EAA NOFO with questions regarding EDA’s matching share requirements.

Documented in-kind contributions may provide the required non-Federal Share of the total project cost, but they must be eligible project costs and meet applicable Federal cost principles and uniform administrative requirements. Examples of in-kind contributions can include space, equipment, services, or forgiveness or assumptions of debt.10 Funds from other Federal financial assistance awards may be considered matching share funds only if authorized by statute, which may be determined by EDA’s reasonable interpretation of the statute.11

Applicants are strongly encouraged to work with the appropriate POC listed in section G of this ARPA EAA NOFO to determine how in-kind contributions may be utilized to satisfy the matching share requirement for their application.

D. Application Submission Information

All submissions under this ARPA EAA NOFO are subject to the below review process.

An applicant must submit a complete application, as detailed in section D.2.a of this ARPA EAA NOFO, to be considered for funding. EDA intends to review an application expeditiously upon receipt of the complete application. EDA may seek additional information or documentation from the applicant to clarify information presented in the application. Please see section E of this ARPA EAA NOFO for more information on EDA’s review and selection process.

EDA strongly encourages applicants to consult with the appropriate POC listed in section G to discuss whether their project is in alignment with EDA’s Investment Priorities as well as EDA’s eligibility requirements, cost-sharing requirements, property standards, and other requirements

9 See 13 C.F.R. § 301.5.

10 See section 204(b) of PWEDA (42 U.S.C. § 3144) and the definition of “In-Kind Contribution” at 13 C.F.R. § 300.3.

11 See the definition of “Local Share or Matching Share” at 13 C.F.R. § 300.3. See also 2 C.F.R. § 200.306.

outlined in this ARPA EAA NOFO. EDA staff are also available to provide technical assistance on application preparation requirements. This consultation is limited to clarification of technical matters involving their proposed project, project alignment with EDA’s mission and EDA’s Investment Priorities, and all other relevant and publicly available information relating to general technical matters.

1. Address to Request Application Package

An electronic version of the application for this ARPA EAA NOFO may be obtained at Grants.gov using Funding Opportunity Number “EDA-2021-ARPAEAA”. To accommodate applicants’ accessibility requirements, a paper version of the application may be obtained by contacting the appropriate POC listed in section G of this NOFO. Please see section I. below for instructions on submitting an application though Grants.gov.

All applicants must apply through Grants.gov unless they request and receive authorization to submit a paper application package by contacting the appropriate POC listed in section G.

2. Content and Form of Application Submission

The tables in section D.2.a below describe the EDA and Federal grant assistance forms and other documentation required for a complete application for each type of assistance EDA will provide under this ARPA EAA NOFO. The tables may serve as a checklist for applicants in preparing their submissions.

All relevant forms must be signed electronically by the applicant’s Authorized Organizational Representative (AOR); please see section I.2 of this ARPA EAA NOFO for information on AOR requirements. The preferred electronic file format for attachments is Adobe PDF; however, EDA will accept electronic files in Microsoft Word or Microsoft Excel formats. EDA will not accept paper, facsimile or email transmissions of applications except as described below in section D.3.

Please refer to important information on submitting your application provided in section D.3.

All documentation and data submitted should be current and applicable as of the date submitted.

Applicants are encouraged to contact the appropriate POC listed in section G for technical assistance before submitting an application. EDA staff members are available to provide applicants with technical assistance regarding application requirements. Additionally, EDA may contact the applicant to clarify application materials received.

a. What is required for a complete application?12

The following table provides a complete list of documents required for a complete application based on the type of EDA assistance: construction, design and engineering (without a construction component), non-construction, and RLF.13

Applications for construction assistance (including applications for design and engineering with construction activities) must include:

1. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as applicable.

2. One Form SF-424C (Budget Information—Construction Programs) per project.

3. One Budget Narrative per project that identifies and justifies how funds in each line item of the budget (Form SF-424C) will be used to support the proposed project. The Budget Narrative should specifically address each budget line item (including both the Federal Share and matching non-Federal Share), and the narrative total should match the total project costs listed in both the SF-424 question 18 line g and SF-424C (“Total Project Costs”). This includes describing any other Federal funds that have been secured or requested to support the project (see section A.1). The Budget Narrative should include itemized valuations of any in-kind matching funds. The non-Federal Share, whether in cash or in-kind, is expected to be paid out at the same general rate as the Federal Share; however, if the applicant’s Budget Narrative proposes otherwise, applicants must also include information that indicates what project elements the matching share funds will support and explain why deviation from paying out at the same general rate is required for the project to be implemented. *Please note: In lieu of a separate Budget Narrative, this information may be included in the Preliminary Engineering Report as required by section C of the ED-900C.

4. One Form SF-424D (Assurances—Construction Programs) from each co-applicant, as applicable.

5. One Form ED-900 (General Application for EDA Programs) per project.

• In section B.2, explain whether and if so how the project will incorporate strong labor standards, including project labor agreements and community benefit agreements, that offer wages at or above the prevailing rate and include local

12 In the event of discrepancies between instructions provided in any of the forms and this ARPA EAA NOFO, the requirements for complete applications as stated in this ARPA EAA NOFO will control.

13 EDA may temporarily waive certain application requirements if the applicant demonstrates that it cannot meet a requirement in a timely fashion because of the impact of the disaster. Applicants are advised to reach out to their appropriate POC listed in section G for more information on this temporary waiver. See 13 C.F.R. § 302.2 (“When non-statutory EDA administrative or procedural conditions for Investment Assistance awards under PWEDA cannot be met by an Eligible Applicant as a result of a disaster, EDA may waive such conditions”).

hire provisions, and a description of the applicant’s workforce plans and practices.

• In section B.6, explain how the proposed project would meet EDA’s Recovery and Resilience investment priority, which all American Rescue Plan projects are expected to meet. You may also explain in this space how the proposed projects will meet any of EDA’s other investment priorities.

• In section B.8, explain the steps that you will take to ensure that the economic benefits of the project will be shared by all communities in the project region, including any underserved communities. Your explanation should address the communities affected, barriers those communities may face in accessing benefits of the project, contemplated outreach efforts, and other planned steps to address identified barriers, as appropriate.

• In section C.1, if applicable provide information demonstrating that the project is in or directly benefits a coal community.

6. One Form ED-900A (Additional EDA Assurances for Construction or Non-

Construction Investments) from each co-applicant, as applicable.

7. One Form ED-900B (Beneficiary Information Form) from each beneficiary of the proposed project, as applicable.

8. One Form ED-900C (EDA Application Supplement for Construction Programs) and accompanying supporting documentation, e.g., Preliminary Engineering Report.

9. One Form ED-900E (Calculation of Estimated Relocation and Land Acquisition Expenses).

10. Documentation of Matching Share for each matching share source, such as a commitment letter, board resolution, proof of bonding authority, or similar document, as applicable. This should be attached to Form ED-900 (section B.10.d of the form).

11. An environmental narrative that will enable EDA to comply with its NEPA responsibilities. A narrative outline that details required components may be accessed in EDA’s website at: https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification- Clause.docx.

12. One Applicant’s Certification Clause (see Appendix A to the environmental narrative noted above) completed separately and signed by each co-applicant, as applicable.

13. One Form CD-511 (Certification Regarding Lobbying) from each co-applicant, as applicable.

https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx

14. One Form SF-LLL (Disclosure of Lobbying Activities) from each co-applicant, if applicable. Form SF-LLL is only required if the applicant has retained a registered lobbyist in conjunction with the proposed project.

15. Map of project site.

Applications for design and engineering assistance only (without a construction component) must include:

1. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as applicable.

2. One Form SF-424C (Budget Information—Construction Programs).

3. One Budget Narrative that identifies and justifies how funds in each line item of the budget (Form SF-424C) will be used to support the proposed project. The Budget Narrative should specifically address each budget line item (including both the Federal Share and matching Non-Federal Share), and the narrative total should match the total project costs listed in both the SF-424 question 18 line g and SF- 424C (“Totals”). This includes describing any other Federal funds that have been secured or requested to support the project (see section A.1). The Budget Narrative should include itemized valuations of any in-kind matching funds. The non-Federal Share, whether in cash or in-kind, is expected to be paid out at the same general rate as the Federal Share; however, if the applicant’s Budget Narrative proposes otherwise, applicants must also include information that indicates what project elements the matching share funds will support and explain why deviation from paying out at the same general rate is required for the project to be implemented.

4. One Form SF-424D (Assurances—Construction Programs) from each co-applicant, as applicable, unless as part of the registration process for SAM (see section D.2.d. below) each co-applicant has already completed the assurances for non-construction programs. In that case, each co-applicant must inform EDA that this was completed in SAM.

5. One Form ED-900 (General Application for EDA Programs).

• In section B.6, explain how the proposed project would meet EDA’s Recovery and Resilience investment priority, which all American Rescue Plan projects are expected to meet. You may also explain in this space how the proposed projects will meet any of EDA’s other investment priorities.

• In section B.8, explain the steps that you will take to ensure that the economic benefits of the project will be shared by all communities in the project region, including any underserved communities. Your explanation should address the communities affected, barriers those communities may face in accessing benefits of the project, contemplated outreach efforts, and other planned steps to address identified barriers, as appropriate.

• In section C.1, if applicable provide information demonstrating that the project is in or directly benefits a coal community.

6. One Form ED-900A (Additional EDA Assurances for Construction or Non- Construction Investments) from each co-applicant, as applicable.

7. One Form ED-900D (Requirements for Design and Engineering Assistance).

8. Documentation of Matching Share for each matching share source, such as a commitment letter, board resolution, proof of bonding authority, or similar document, as applicable. This should be attached to Form ED-900 (section B.10.d of the form).

9. An environmental narrative that will enable EDA to comply with its NEPA responsibilities. A narrative outline that details required components may be accessed in EDA’s website at: https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification- Clause.docx.

10. One Applicant’s Certification Clause (see Appendix A to the environmental narrative noted above) completed separately and signed by each co-applicant, as applicable.

11. One Form CD-511 (Certification Regarding Lobbying) from each co-applicant, as applicable.

12. One Form SF-LLL (Disclosure of Lobbying Activities) from each co-applicant, if

Applications for non-construction assistance must include:

applicable.

2. One Form SF-424A (Budget Information—Non-Construction Programs).

3. One Budget Narrative that identifies and justifies how funds in each line item of the budget (Form SF-424A) will be used to support the proposed project. The Budget Narrative should specifically address each budget line item (including both the Federal Share and matching non-Federal Share), and the narrative total should match the total project costs listed in both the SF-424 question 18 line g and SF- 424A (“Totals”). This includes describing any other Federal funds that have been secured or requested to support the project (see section A.1). The Budget Narrative should include itemized valuations of any in-kind matching funds. The non-Federal Share, whether in cash or in-kind, is expected to be paid out at the same general rate as the Federal Share; however, if the applicant’s Budget Narrative proposes https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx https://eda.gov/files/programs/eda-programs/Environmental-Narrative-Template-and-Application-Certification-Clause.docx otherwise, applicants must also include information that indicates what project elements the matching share funds will support and explain why deviation from paying out at the same general rate is required for the project to be implemented.

4. One Form ED-900 (General Application for EDA Programs).14

• In B.6, explain how the proposed project would meet EDA’s Recovery and

Resilience investment priority, which all American Rescue Plan projects are expected to meet. You may also explain in this space how the proposed projects will meet any of EDA’s other investment priorities.

• In section B.8, explain the steps that you will take to ensure that the economic benefits of the project will be shared by all communities in the project region, including any underserved communities. Your explanation should address the communities affected, barriers those communities may face in accessing benefits of the project, contemplated outreach efforts, and other planned steps to address identified barriers, as appropriate.

• In section C.1, if applicable provide information demonstrating that the project is in or directly benefits a coal community.

5. One Form ED-900A (Additional EDA Assurances for Construction or Non- Construction Investments) from each co-applicant, as applicable.

6. Documentation of Matching Share for each matching share source, such as a commitment letter, board resolution, proof of bonding authority, or similar document, as applicable. This should be attached to Form ED-900 (section B.10.d of the form).

7. One Form CD-511 (Certification Regarding Lobbying) from each co-applicant, as applicable.

9. One Form SF-LLL (Disclosure of Lobbying Activities) from each co-applicant, if

Applications for RLF assistance must include:

applicable.

2. One Form SF-424A (Budget Information—Non-Construction Programs).

3. One Budget Narrative that identifies and justifies how funds in each line item of the budget (Form SF-424A) will be used to support the proposed project. The

14 Applicants seeking a strategy grant should note this information as part of their response to section B.2 of the form.

Budget Narrative should specifically address each budget line item (including both the Federal Share and matching non-Federal Share), and the narrative total should match the total project costs listed in both the SF-424 question 18 line g and SF- 424A (“Totals”). This includes describing any other Federal funds that have been secured or requested to support the project (see section A.1). The Budget Narrative should include itemized valuations of any in-kind matching funds. The non-Federal Share, whether in cash or in-kind, is expected to be paid out at the same general rate as the Federal Share; however, if the applicant’s Budget Narrative proposes otherwise, applicants must also include information that indicates what project elements the matching share funds will support and explain why deviation from paying out at the same general rate is required for the project to be implemented.

4. One Form ED-900 (General Application for EDA Programs).

• In…