BLM-CO Enhancing Partnerships Improve Wildlife Habitats.docx

[Attachment B] Budget Detail Page 7

FUNDING OPPORTUNITY TITLE:

BLM-CO Enhancing Wildlife Habitats Through Partnership, White River Field Office

FUNDING OPPORTUNITY NUMBER:

L18AS00011

ANNOUNCEMENT TYPE:

Notice of Intent to Award* *This announcement is to provide public notice of the Bureau of Land Management’s intention to fund the following project activities without full and open competition.

Issued: March 20, 2018

CFDA NUMBER & TITLE:

15.231 - Fish, Wildlife and Plant Conservation Resource Management

LEGISLATIVE AUTHORITY:

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976, 43 USC 1737, Public Law 94-579, as amended. Section 1737.

DEADLINE FOR SUBMISSION OF APPLICATIONS:

April 23, 2018, 12 Noon MDT

UNITED STATES DEPARTMENT OF THE INTERIOR

Bureau of Land Management

NOTICE OF INTENT TO AWARD

for Federal Financial Assistance

CONTACT INFORMATION:

Eleni Sarris, Grants Management Officer Telephone: 303-239-3908, Email: esarris@blm.gov

Rev 6-2016

A. PROGRAM DESCRIPTION

Federal Land Policy and Management Act Of 1976, 43 USC 1737, Public Law 94-579, as amended. Section 1737. Implementation provisions. (b) Contracts and cooperative agreements. Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands.

2. Description of Program and/or Project

a. Background:

The Bureau of Land Management (BLM) Colorado’s 8.3 million acres of public lands, along with 27 million acres of mineral estate, are concentrated primarily in the western portion of the State. The lands range from alpine tundra, colorful canyons, and mesas in the southwest, to rolling sage-covered hills in the northwest. These public lands play a vital role in providing open space and contribute to Colorado's quality of life. The public lands and resources administered by the BLM are among Colorado’s greatest assets, benefitting local communities and our nation. Every year, BLM-managed public lands support thousands of jobs in Colorado and draw millions of visitors. Colorado's public lands support diverse lifestyles and livelihoods on healthy and working landscapes in Colorado's backyard. BLM Colorado's National Conservation Lands encompass approximately one million acres, or one-eighth of all BLM land in the state.

In addition, BLM Colorado manages the following:

• 3 national conservation areas

• 53 wilderness study areas

• 5 wilderness areas

• 1 national historic trail

• 1 national scenic trail

• 2 national monuments

BLM-managed lands are vital to thousands of mammal, reptile, avian, and amphibian species. Managing more wildlife habitats than any other federal agency, the BLM’s wildlife program helps ensure self-sustaining populations and a natural abundance and diversity of wildlife on public lands. Overall, BLM manages habitats for more than 3,000 species of wildlife dispersed over some of the nation’s most ecologically diverse and unique habitats. In order to provide for the long-term protection of wildlife resources, the BLM supports numerous habitat conservation and enhancement activities, many funded through partnerships with federal, state, and nongovernmental organizations. Wildlife-related activities on BLM-managed lands, such as hunting or bird-watching, contribute hundreds of millions of dollars each year in economic benefits to local communities. America’s share public land provide habitat important for big, upland and small game, furbearers and waterfowl and other game birds. The BLM manages 43 million acres of elk habitat, 131 million acres of mule deer habitat, and 23 million acres of bighord sheep habitat. Numerous wildlife species occur nowhere else in the country except public lands. This project seeks to improve habitats for wildlife in partnership with state and local agencies.

In particular, the cornerstone of the BLM’s wildlife program is the strength of partnerships with national, regional, and local organizations that share our goals of providing sustainable recreation opportunities and economic benefits to communities. To ensure stewardship efforts and bolster the recreational values of public lands, the BLM supports numerous wildlife habitat improvements and restoration activities that expand access to public lands. Recreation-related activities contribute more than $543 million to Colorado’s economy and supports more than 4,625 jobs.[footnoteRef:1] [1: “Economic Contributions from BLM-Managed Lands,” FY15, Bureau of Land Management, Colorado.]

The BLM, in cooperation with state, federal and local partners, released black-footed ferrets into the Wolf Creek Management Area (WCMA) beginning in 2001 as managed by BLM’s White River Field Office. Western Colorado's White River deer herd has been one of the most prolific in the region, prompting people to call the area it roams the mule-deer factory.

From 2001-2010, the WCMA supported a small experimental, non-essential population of black-footed ferrets (high count of 16 individuals in 2007), with reproduction of wild-born kits documented from 2005 – 2008. Following a plague epizootic which was initially observed in 2008, ferret numbers dramatically decreased, with no animals being observed during the 2009 and 2010 survey efforts. BLM determined that any subsequent releases of captive-bred ferrets would be postponed until a better evaluation of plague and plague management had taken place. Sylvatic plague is considered the main threat to prairie dog populations in Colorado.

Research and partnership activities directed toward plague management are needed for effectively controlling plague on a landscape level. Preventative plague management would benefit black-footed ferret in addition to a suite of associated species including burrowing owl, ferruginous hawk, mountain plover and kit fox. The ferrets are key indicators of healthy ecosystems as they help manage prairie dog populations. The ferrets themselves are a food source for larger predators like owls, coyote and badgers. They are important members of the ecosystem both as predators and prey on the prairie. The black-footed ferret is an important member of the Great Plains prairie ecosystem. As a predator, it fulfills its role as one of the animals that keeps prairie dog populations in check. Like all native species, it plays a unique role that cannot be filled by any other animals. Keeping ferrets healthy and free of disease is important to maintaining larger game species within Colorado and improving access to public lands for a variety of recreational pursuits.

This Notice of Intent to Award is being released prior to the passage of a Consolidated Appropriations Act for FY 2018 by Congress. Enactment of additional Continuing Resolutions or an Appropriations Act may affect the availability and/or level of funding for this program.

b. Objectives:

The mission of the BLM is to sustain the health, diversity, and productivity of public lands for the use and enjoyment of present and future generations. The overlying objective of the proposed project is to maintain and enhance colony occupancy and abundance in the WCMA in support of prairie dog associates and future black-footed ferret reintroductions.

Data collected by this project will be shared with state and local officials as well as with the public to promote understanding of conservation and reintroduction efforts to hunting and other recreational pursuits on Colorado’s public lands. The BLM is seeking a partner that can assist with supervision of seasonal crews, collection and analysis of population (occupancy and abundance) and habitat data, dispersal of SPV, and monitoring effectiveness of SPV applications. The ultimate goal is to provide valuable, publically accessible data to enable informed decisions for the management and preservation of WTPD and associates and habitats that support these species, advance traditional uses of public alnds, and contributing to the long-term goal of releasing and sustaining a viable population of black-footed ferrets in the WCMA.

Specific objectives include:

1. Using seasonal crew, evaluate, update, and refine mapping of existing WTPD colonies in the WCMA. Efforts include remapping colony perimeters and assessing burrow activity. Updated information will be used to assess and prioritize colonies for future sylvatic plague vaccine application (SPV).

2. Determine high density prairie dog colonies that would benefit from dispersal of SPV in support of future black-footed ferret reintroductions.

3. Distribute SPV-laden baits and monitor bait effectiveness.

4. Continue intensive monitoring which would include assessing prairie dog response to SPV, remapping of colony boundaries and assessment of burrow activity and habitat conditions, delineate sites that could potentially benefit from habitat treatments (increase suitable habitat for prairie dogs), with the long-term goal of reestablishing population of black-footed ferrets in the WCMA.

This project advances shared conservation, stewardship legacy, and a good neighbor by partnering with local and state governments to support BLM’s multiple use mission to enhance habitant resiliency through appropriate wildlife management techniques.

c. Public Benefit:

Benefits directly accrue to the public. By addressing the economic, ecological, and natural resources threats posed, this project benefits the public through habitat enhancements that support native species, contribute to increasing access to public lands, and support hunting and other recreational activities. The proposed project will promote healthy prairie dog populations and habitat conditions that support a diverse suite of mammalian and avian species. Reducing the risk of sylvatic plague promotes healthier and more productive wildlife populations and ecosystems across federal lands for public benefit and enjoyment. Moreover, reducing the risk of plague will benefit human health and safety. These reasons are not all-inclusive, but alone they give cause for serious concern and the need for aggressive management through the proposed program and agreement.

3. Program/Project Performance Goals This project promotes the BLM’s priorities that advance conservation stewardship and strengthening the BLM’s relationships with local and state partners to develop and implement habitat enhancements to:

1. Enhance or restore wildlife habitat for game and nongame avian and mammalian species.

2. Enhance habitat restoration efforts that contribute to habitat connectivity and resiliency as well as maintain or improve population levels.

3. Improve management of habitat for game and nongame species.

4. Develop partnerships with state and federal agencies, communities, industry and other interested entities to determine conservation strategies to maintain, enhance and restore suitable habitats.

5. Collaborate with state, local and federal agencies, representatives from indusdry and business, local partners, and other interested agencies to identify priority habitat enhancement areas, assist with population monitoring, provide necessary training to field technicians, and implement the established protocols.

B. FEDERAL AWARD INFORMATION

1. Award Instrument In accordance with the Legislative Authority, a cooperative agreement will be used and substantive Bureau of Land Management (BLM) involvement will consist of the following: The BLM Program Officer (PO) will collaborate with the recipient's Project Manager/Principal Investigator (RPM/PI) to manage all stages of project development, implementation, and evaluation. Responsibility for project management, control, and direction will be shared by the recipient and the BLM, however the BLM will have the right to intervene by modifying the project management plan if the project is not staying on schedule and/or technical issues arise. In addition, the RPM will be expected to engage with both the field office and district office staff as needed to determine which sites will be part of the stewardship program and to perform any fieldwork in advance of actual project work.

Estimated funding is available through fiscal year 2018, with the option to add funding, if available, in subsequent fiscal years based on the Consolidated Appropriations Act passed each year by Congress and/or the enactment of Continuing Resolutions. Applicant projects may be scalable with options for funding in future fiscal years if available. Applicants are encouraged to seek funding based on the period of performance. Incremental funding may be added to an initial award as available.

5. Anticipated Start Date May 2018

7. No Obligation to Award

This Funding Opportunity Announcement is being released prior to the passage of a Consolidated Appropriations Act for FY 2018 by Congress. Enactment of additional Continuing Resolutions or an Appropriations Act may affect the availability and/or level of funding for this program.

The BLM is under no obligation to award funds for this project. Only BLM Grants Management Officers (GMO) may obligate funds for financial assistance.

C. ELIGIBILITY INFORMATION

1. Eligible Applicant – Colorado Parks and Wildlife

In support of this single-source justification and Notice of Intent to Award, BLM-CO cites the following policy: Department of the Interior Policy (505 DM 2) requires a written justification which explains why competition is not practicable for each single-source award. The justification must address one or more of the following criteria as well as discussion of the program legislative history, unique capabilities of the proposed recipient, and cost-sharing contribution offered by the proposed recipient, as applicable.

In order for an assistance award to be made without competition, the award must satisfy one or more of the following criteria:

(1) Unsolicited proposal - The proposed award is the result of an unsolicited assistance application which represents a unique or innovative idea, method or approach which is not the subject of a current or planned contract or assistance award, but which is deemed advantageous to the program objectives;

(2) Continuation - The activity to be funded is necessary to the satisfactory completion of, or is a continuation of an activity presently being funded, and for which competition would have a significant adverse effect on the continuity or completion of the activity.

(3) Legislative intent - The language in the applicable authorizing legislation or legislative history clearly indicates Congress’ intent to restrict award to a particular recipient or purpose.

(4) Unique Qualifications - The applicant is uniquely qualified to perform the activity based upon a variety of demonstrable factors such as location, property ownership, voluntary support capacity, cost-sharing ability, if applicable, technical expertise, or other such unique qualifications;

(5) Emergencies - Program/award where there is insufficient time available (due to a compelling and unusual urgency, or substantial danger to health or safety) for adequate competitive procedures to be followed.

BLM-CO did not solicit full and open competition for this award based the following criteria and exception: (4) Unique Qualifications.

Colorado Parks and Wildlife (CPW) is charged by Colorado statute to protect, preserve, enhance, and manage wildlife for the use, benefit and enjoyment of the people of Colorado and its visitors. Under Colorado Revised Statute 33-1-101, the General Assembly of the State of Colorado charges CPW as the only agency and/or its agents that have the authority to manage wildlife and monitor wildlife alongside of its federal partners. Furthermore, all wildlife within (the State of Colorado) that is not lawfully acquired and held by private ownership is declared to be the property of this state. Right, title, interest, acquisition, transfer, sale, importation, exportation, release, donation, or possession of wildlife is permitted only as provided in Articles 1 to 6 of this title or in any rule of the Colorado Parks and Wildlife commission. Therefore CPW is uniquely qualified to perform the activity on public lands administered by the BLM within the State of Colorado.

D. APPLICATION AND SUBMISSION INFORMATION

1. Application Package This announcement includes all information, documents, and electronic addresses needed to submit an application through www.Grants.gov. Paper copies may be requested by contacting the individual(s) listed on the application coversheet.

a. Provide a valid DUNS number (Dun & Bradstreet Universal Numbering System) on its application. DUNS numbers are nine-digit numbers established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. DUNS numbers may be obtained free of charge from Dun & Bradstreet, Inc., at: http://fedgov.dnb.com/webform or by calling them at (877) 930-5228.

b. Be registered in SAM (System for Award Management, www.SAM.gov) before submitting its application. SAM is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is no fee to register at this site. Register in the System for Award Management (SAM) at: http://www.sam.gov.

c. Continue to maintain an active SAM registration with current information at all times during which the applicant has an active Federal award or an application or plan under consideration by a Federal awarding agency.

WHAT TO SUBMIT:

Form Name and Number

SF-424 Application for Federal Assistance

SF-424A Budget Information - Non-Construction Programs

SF-424B Assurances - Non-Construction Programs

Grants.gov Lobbying Form

Project Proposal (Attachment A to this document)

Budget Detail (Attachment B to this document)

Federal Agency-approved Negotiated Indirect Cost Rate Agreement (NICRA), if applicable

Financial Assistance Evaluation Questionnaire (if applicable)

Letters of Support (optional)

a. Project Proposal (Attachment A)

1) Attachment A is a suggested project proposal template and may be used when submitting your proposal. The proposal must be no longer than 15 pages, with a type-face no smaller than 11-point, and have at least one (1) inch margins on all sides. The 15 page limit includes all text, figures, references, and vitae, but does not include the Budget Detail (Attachment B).

2) All proposals are confidential.

b. Budget Detail (Attachment B)

1) Use the Budget Detail form (Attachment B) to present the breakdown of your estimated costs by category needed to accomplish project activities. Estimated costs should be described in sufficient detail so that they may be checked for reasonableness. Include a description of any cost share (cash, in-kind, etc.) listed. Lump sum costs are not acceptable in any category, without a detail breakdown of how the cost were arrived out. No profit or fees are allowable.

2) Budget details should be broken down into the following categories:

(a) Personnel Costs. Salaries or wages of employees working directly on this agreement project, indicate program manager and other key personnel by name and title. Other personnel may be indicated by title alone. For all positions, indicate salaries or wages and estimated hours or percent of time to be spent on the agreement.

(b) Fringe Benefit Costs. The costs of fringe benefits of employees working directly on this agreement project. Indicate rates/amounts, what costs are included in this category, and the basis of the rate computations. Federally approved rate agreements are acceptable for compliance with this item.

(c) Travel Costs. The estimated costs for travel related to agreement activities. Include the purpose of trip, destination, number of persons traveling, length of stay, and all travel costs including airfare, per diem, lodging, and miscellaneous travel-related expenses. For local travel, include mileage and rate of compensation. If applicable, indicate that the costs are per your organization's written travel policy. Current Federal per diem rates (the maximum allowances that federal employees are reimbursed for expenses incurred while on official travel) may be found at http://www.gsa.gov/portal/content/104877.

(d) Equipment Costs. Equipment is defined as expendable tangible personal property having a useful life of more than one (1) year and an acquisition cost of more than $5,000.00, or a value which reaches the capitalization threshold level established by the organization for financial statement purposes.

(e) Supply Costs. The costs of consumable supplies and materials to be used for agreement activities. List each item and quantity individually.

(f) Contractual Costs. Include estimated costs of proposed professional and technical consultants and contractors participating on the project. Identify all work that will be accomplished, including a breakdown of all tasks to be completed, and a detailed budget estimate of time, rates, supplies, and materials that will be required for each task. Any changes or additions will require a request for approval. Procurement procedures must comply with 2 CFR Parts 200.317 through 200.326.

(g) Construction Costs. The cost of any construction directly related to the project activities.

(h) Other Costs. The cost of items not listed above and which do not fit in any other category, such as the cost of duplicating and printing, equipment rental, postage, etc. No profit or fee will be allowed.

(i) Total Direct Costs. The sum of categories (a) through (h).

(j) Indirect Costs.

(1) If indirect costs will be charged to the project, complete this section and show the proposed rate, cost base, and proposed amount for allowable indirect costs. It is not acceptable to simply incorporate indirect rates within other direct cost line items.

(2) Include a copy of any federally approved negotiated indirect cost rate agreement (NICRA).

(3) If your organization has never had a NICRA, the BLM Grants Management Officer (GMO) may allow an indirect cost rate of up to 10% of your base modified total direct costs (MTDC). MTDC includes all salaries and wages, fringe benefits, materials and supplies, services, travel, and subgrants and subcontracts up to the first $25,000 of each. Include the computational basis for the indirect expense pool and corresponding allocation base for your rate.

(4) Information on obtaining a NICRA, "Preparing and Submitting Indirect Cost Proposals," is available from the Department of the Interior, National Business Center, Indirect Cost Section, at http://www.aqd.nbc.gov/services/ICS.aspx.

(k) Total Costs. The total of both direct and indirect costs estimated to be expended on this agreement's activities.

c. Letters of Support (optional).

You may submit up to five (5) letters of support as part of your application package. These attachments should address specific information that will supplement the project proposal and/or document support for the project description as provided in the application. Letters of support may also document financial commitments from any third party or from entities that will contribute substantive funds to the completion of project activities. You may also include letters from partners or other organizations who will work closely with you on the project and/or provide technical expertise. Furthermore, letters of support may be from experts, community members, and/or stakeholders that support the project. Letters of support do not count toward the page limit of the proposal.

.4. Submission Dates and Times See announcement cover sheet for the deadline (date and time) for submission of applications. Applications must be received by the BLM prior to the posted deadline. Any application received after the deadline for submission may not be considered for award unless it can be determined the delay was caused by Federal government mishandling.

a. All applicants should register at www.Grants.Gov and all applications should be submitted electronically through www.Grants.gov unless other arrangements are made and approved of in advance of the submission deadline. If you have any questions or problems with the registration or application submission process, contact the Grants.gov Help Desk at 1-800-518-4726, or go to http://www.grants.gov/web/grants/support/technical-support/troubleshooting.html for online help.

b. Applications submitted through www.Grants.gov are considered to be electronically signed applications.

E. APPLICATION REVIEW INFORMATION

A total of 100 points will be used to score each proposal received. The scores assigned to each criteria in the second level evaluation correspond to their relative importance. Proposals will be evaluated, scored, and ranked by appropriate BLM Staff expert in the program's field of study.

The Government reserves the right to reject any and all proposals which do not meet the requirements of this funding opportunity announcement and which are determined to be outside the scope of the authority under which this announcement is posted.

Award will be made to responsive, responsible applicants submitting proposals which conform to the funding opportunity announcement and are most advantageous to the Government considering the evaluation factors listed below.

The evaluation process will be comprised of the following three screening levels:

1. First Level Screening --Basic Eligibility

b. Applications must satisfy basic eligibility screening requirements to be considered for further review.

2. Second Level Evaluation -- Merit Review Evaluation

a. Merit Review Evaluation. Eligible applications will be evaluated in an objective and unbiased manner using the following merit review criteria using numerical scoring based on a 100 point maximum score.

1) Objective (Maximum score 10/100 Points):

· Describe your mission and objectives.

· Describe how these objectives support your mission.

2) Technical Approach (Maximum 30/100 Points):

· Describe the techniques, processes, methodologies to be used.

· Describe how data collection, analysis, and means of interpretation will be accomplished and leveraged to prevent the spread of plague.

· Describe how the proposed objectives will be achieved within the proposed period of performance (POP).

· Describe the best practices used to combat plague and support and restore habitats.

· Describe significant goals or milestones and how they will be measured.

· Describe tasks and relationships of partners, if applicable.

3) Public Benefit (Maximum score 20/100 Points):

· Describe how this project benefits the general public.

· Explain how your organization will engage, inform, and educate the public regarding the spread of plague and assess prairie dog response to SPV.

4) Qualifications and Past Performance (Maximum score 40/100 Points):

· List key project personnel and their contact information.

· Describe key personnel responsibilities, time to be dedicated to the project, and how their experience and qualifications are appropriate to success of the project.

· If applicable, list known contractors and consultants and their qualifications.

· If applicable, describe previous efforts to combat plague and restore habitats and how the experience will inform this project.

· Describe how the applicant may otherwise be uniquely qualified to perform the activity, voluntary support capacity, cost-sharing ability, technical expertise, and other unique qualifications.

3. Third Level Review Pre-award Clearance and Approvals

Following the described review process, BLM will also complete a business evaluation and determination of responsibility. During these evaluations the Grants Management Officer will evaluate variables such as:

a. Risk Management. The BLM uses a risk-based approach to evaluate the risk posed by the supporting applicants’ projects before it awards Federal funds.

2) Budget review is based on the following:

If the results of all pre-award reviews and clearances are satisfactory, an award of funding will be made once the agreement is finalized. If the BLM determines that a Federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Federal award

If the results of pre-award reviews and clearances are unsatisfactory, consideration of funding for the project may be withdrawn.

4. Application Selection Process

a. Applications eligible for merit review will be evaluated by an ad hoc evaluation team assembled to review, rate, rank, and recommend applications for award using the above evaluation criteria. Evaluation teams are made up of two or more qualified personnel familiar with the program and who have been certified to have no conflict of interest with any persons or organizations applying for award.

b. Reviews are treated as confidential documents. Once award decisions are made, applicants may request in writing a written summary of the evaluation of their application/proposal.

F. FEDERAL AWARD ADMINISTRATION INFORMATION

1. Federal Award Notices

a. Any award made from this announcement will be based on the application submitted to, and as approved by, the Department of the Interior, Bureau of Land Management, and will be regulated by OMB's Uniform Guidance, 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

b. Acceptance. Acceptance is defined as the start of work, drawing down of funds, or accepting the award via electronic means. Costs may not be incurred before the effective date listed on the award. Acceptance of a Federal Financial Assistance award from the Department of the Interior, Bureau of Land Management, carries with it the responsibility to be aware of, and comply with, the administrative and national policy requirements and terms and conditions of award.

2. Reporting

Periodic submission of Federal Financial reports (SF-425), Performance/Progress reports, and Youth Employment reports (if applicable) will be required under this financial assistance agreement. Submission of financial and performance/progress reports may be required either quarterly, semi-annually, or annually. Submission of youth employment reports (if applicable) is required quarterly.

3. Administrative and National Policy Requirements

a. Office of Management and Budget Guidance for Grants and Agreements. By accepting additional Federal funding under the current Federal assistance, your organization agrees to abide by the applicable OMB Guidance for Grants and Agreement in the expenditure of Federal funds and performance under this program. OMB guidance is available at the following web site: http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subtitleA.tpl

b. Administrative Requirements.

1) 2 CFR Part 200 Subparts A through D - Uniform Administrative Requirements and Cost Principles.

2) 2 CFR Part 200 Subpart F - Audit Requirements. Non-Federal entities that expend $750,000.00, or more, in federal awards in a single year shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, available at: http://www.whitehouse.gov/omb/circulars_default.

3) Indirect Facilities and Administration (F&A) Costs.

(a) 2 CFR Part 200.414 - Indirect (F&A) Costs

(b) 2 CFR, Appendix III to Part 200 - Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs)

(c) Appendix IV to Part 200 - Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations

(d) Appendix V to Part 200 - State/Local Government-wide Central Service Cost Allocation Plans

(1) The provisions of 2 CFR 200.414(c) require Federal agencies to accept federally negotiated indirect cost rates. The BLM has applied the following policies, procedures and general decision-making criteria for deviations from negotiated Indirect Cost Rates for financial assistance programs and agreements.

(2) Distribution Basis. For all deviations to the Federal negotiated indirect cost rate, including statutory, regulatory, programmatic, and voluntary, the basis of direct costs against which the indirect cost rate is applied must be:

(i) The same base identified in the recipient’s negotiated indirect cost rate agreement, if the recipient has a federally negotiated indirect cost rate agreement; or

(ii) The Modified Total Direct Cost (MTDC) base in cases where the recipient does not have a federally negotiated indirect cost rate agreement or, with prior approval of the Awarding Agency, when the recipient's federally negotiated indirect cost rate agreement base is only a subset of the MTDC (such as salaries and wages) and the use of the MTDC still results in an overall reduction in the total indirect cost recovered. MTDC is the base defined by 2 CFR 200.68, "Modified Total Direct Cost (MTDC)."

(iii) In cases where the recipient does not have a federally negotiated indirect cost rate agreement, under no circumstances will the Department use a modified rate based upon Total Direct Cost or other base not identified in the federally negotiated indirect cost rate agreement or defined within 2 CFR 200.68. The purpose of this restriction is to ensure that the reduced rate is applied against a base that does not include any potentially distorting items (such as pass-through funds, subcontracts in excess of $25,000, and participant support costs) and is based on the requirements outlined in 2 CFR 200.68; 2 CFR 200.414(f); 2 CFR 200 Appendix III, Section C.2.; 2 CFR 200 Appendix IV, Section B.3.f.; and Appendix VII, Section C.2.c.

(3) Indirect Cost Rate Reductions Used as Cost-Share. Instances where the recipient elects to use a rate lower than the federally negotiated indirect cost rate, and uses the balance of the unrecovered indirect costs to meet a cost-share or matching requirement required by the program and/or statute, are not considered a deviation from 2 CFR 200.414(c) as the federally negotiated indirect cost rate is being applied under the agreement in order to meet the terms and conditions of the award.

c. Program Legislation and/or Regulations.

4. Standard Award Terms and Conditions

a. Code of Federal Regulations/Regulatory Requirements, as applicable (contact your program officer with any questions regarding the applicability of the following):

Recipients must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.

Recipients must notify their employees or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect.

b. Funding.

1) Awards shall be funded subject to availability of BLM funding. Initial funding does not guarantee additional funding in subsequent years.

2) Once the grant or cooperative agreement is signed by a BLM Grants Management Officer (GMO), funding is obligated and the recipient may incur approved costs beginning on the effective date of the award and as specified in their submitted and approved budget.

c. Payment Mechanism. Payment will be made by draw-down reimbursement through the Department of the Treasury, Automated Standard Application for Payment (ASAP) System. See following website: http://www.fms.treas.gov/asap Treasury Circular 1075 (31 CFR 205) requires that draw-downs to a recipient organization shall be limited to the minimum amounts needed and shall be timed to be in accordance with the actual, immediate cash requirements of the recipient organization in carrying out the purposes of the approved program or project. The timing and amount of cash advances shall be as close as is administratively feasible to the actual disbursements by the recipient organization for direct program or project costs and the proportionate share of any allowable indirect costs

d. Conflicts of Interest. The Recipient must establish safeguards to prohibit its employees and sub-recipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Recipient is responsible for notifying the Grants Management Officer (GMO) in writing of any actual or potential conflicts of interest which may include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the recipient and/or recipient's employees and sub-recipients in the matter.

5. Special Award Terms and Conditions:

a. Liability, Insurance, and Indemnification. Recipients of awards arising from this announcement will be required to agree to the following:

1) Liability. The BLM assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act, 28 USC 2671.

2) Insurance. The recipient will be required to (1) obtain liability insurance or (2) demonstrate present financial resources in an amount determined sufficient by the Government to cover claims brought by third parties for death, bodily injury, property damage, or other loss resulting from one or more identified activities carried out in connection with this financial assistance agreement.

3) Insured. The federal government shall be named as an additional insured under the recipient's insurance policy.

4) Indemnification. The recipient hereby agrees:

(a) To indemnify the federal government, Bureau of Land Management (BLM), from any act or omission of the recipient, its officers, employees, or (members, participants, agents, representatives, as appropriate) (1) against third party claims for damages arising from one or more activities carried out in connection with this financial assistance agreement and (2) for damage or loss to government property resulting from such an activity, to the extent the laws of the State where the recipient is located permit. This obligation shall survive the termination of this agreement.

(b) To purchase public and employee liability insurance at its own expense from a responsible company or companies with a minimum limitation of one million dollars ($1,000,000.00) per person for any one claim, and an aggregate limitation of three million dollars ($3,000,000.00) for any number of claims arising from any one incident. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured's sole risk. Prior to beginning the activities authorized herein, the recipient shall provide the BLM with confirmation of such insurance coverage. Each policy shall have a certificate evidencing the insurance coverage and identifying the assistance agreement number.

(c) To pay the United States the full value for all damage to the lands or other property of the United States caused by the recipient, its officers, employees, or (members, participants, agents, representatives, agents as appropriate).

(d) To provide workers' compensation protection to the recipient’s officers, employees, and representatives.

(e) To cooperate with the BLM in the investigation and defense of any claims that may be filed with the BLM arising out of the activities of the recipient, its agents, and employees.

(f) In the event of damage to or destruction of the buildings and facilities assigned for the use of the recipient in whole or in part by any cause whatsoever, nothing herein contained shall be deemed to require the BLM to replace or repair the buildings or facilities. If the BLM determines in writing, after consultation with the recipient that damage to the buildings or portions thereof renders such buildings unsuitable for continued use by the recipient, the BLM shall assume sole control over such buildings or portions thereof. If the buildings or facilities rendered unsuitable for use are essential for conducting operations authorized under this agreement, then failure to substitute and assign other facilities acceptable to the recipient will constitute termination of this agreement by the BLM.

(e) Flow-down. For the purposes of this clause, "recipient" includes such sub-recipients, contractors, or subcontractors as, in the judgment of the recipient and subject to the Government's determination of sufficiency, have sufficient resources and/or maintain adequate and appropriate insurance to achieve the purposes of this clause.

(f) Identified Activities. All activities carried out in connection with financial assistance arising from this funding opportunity announcement.

b. Recipients must successfully complete an appropriate Defensive Driving Course before operating a Government-owned vehicle (GOV).

c. Recipients must successfully complete appropriate safety and training requirements before operating Government-owned equipment, 4-wheel all-terrain vehicles (ATV) or other Government-furnished property (GFP).

d. Recipient/Sub-recipient Personnel Security and Suitability Requirements.

1) If performance of this grant/cooperative agreement requires recipient/sub-recipient personnel to have a Federal government-issued personal identification card before being allowed unsupervised access to a DOI facility and/or information system, the Program Officer will be the sponsoring official, and will make the arrangements for personal identity verification and card issuance.

3) Recipient and sub-recipient employees are required to give, and to authorize others to give, full, frank, and truthful answers to relevant and material…