APG - NOPFO - 20200601.docx

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APG Army Compatible Use Buffer Program Federal grant opportunity
Opportunity number
MICC-FSH-20-0004
Issued by
Department of the Army Materiel Command Mission and Installation Contracting Command Fort Sam Houston

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NOTICE OF POTENTIAL FUNDING OPPORTUNITY FOR THE

ABERDEEN PROVING GROUND

ARMY COMPATIBLE USE BUFFER PROGRAM

Overview

1. Federal Awarding Agency Name

Department of Army, Mission and Installation Contracting Command-Fort Sam Houston (MICC-FSH)

2. Funding Opportunity Title

Aberdeen Proving Ground Army Compatible Use Buffer Program—Land Protection and Encroachment Mitigation in Maryland, in accordance with 10 USC §2684a

3. Announcement Type

Initial

4. Funding Opportunity Number

Not Applicable

5. Catalog of Federal Domestic assistance (CFDA) Number

12.610 Community Economic Adjustment Assistance for Compatible Use and Joint Land Use Studies

6. Key Dates

Request for applications issued: 1 June 2020

Any questions on this announcement must be received by MICC-FSH by 12:00 pm Central Time on 8 June 2020.

Final applications must be received by MICC-FSH by 12:00 pm Central Time on 8 July 2020 via www.Grants.gov.

7. Authority

Title 10, Section 2684a of the United States Code – Agreements to limit encroachments and other constraints on military training, testing, and operations

8. Executive Summary

MICC-FSH announces a potential partnering opportunity for the Aberdeen Proving Ground Army Compatible Use Buffer (ACUB) program. The successful applicant will, after coordinating with Aberdeen Proving Ground encroachment planners and natural resource managers, negotiate the purchase of easements or fee simple property (perpetual real property interests) from willing landowners. The entire project plan encompasses approximately 57,610 acres within two ACUB Priority Areas near Aberdeen Proving Ground in Harford County Maryland. The goal within this project area is protection of approximately 10,100 acres.

The purpose of acquiring real property interests near Aberdeen Proving Ground is to minimize current or anticipated impacts on military operations and/or training mission from incompatible development, incompatible infrastructure, and urban sprawl. This CA also aims to conserve significant sections of open lands near APG for the purposes of encouraging effective conservation, enhancement and restoration of natural resources on and around Aberdeen Proving Ground, including critical forest, wetland, river and stream habitats, riparian buffers, and critical habitat for regulated fauna. Projects completed under this CA may help APG comply with the Chesapeake Bay Total Maximum Daily Load guidance; relieve or reduce environmental regulatory restrictions relating to wetlands and Maryland’s Coastal Management Program and increase APG’s resilience to climate change, sea level rise and coastal storm events.

One cooperative agreement, as defined by 10 U.S.C. §2684a, may be awarded from this announcement. There is no guaranteed amount of funding for these cooperative agreements and funding is contingent upon availability of Department of Defense (DoD) Operations and Maintenance (O&M) funds from the Readiness and Environmental Protection Integration (REPI) program and/or Army O&M funds (collectively referred to as “military funds”). The anticipated period of performance (PoP) of this cooperative agreement may be as few as 10 years, but is not expected to exceed 25 years. Final determination of the PoP will occur during pre-award communications between the selected applicant and MICC-FSH. The current estimated cost for this project is $108M, but this award will be limited to $50M. A minimum 20 percent partner cost share of that total will be required, although the exact amount will depend on the availability of military funds. There will be substantial involvement from the Government for this project. Complete details of this project and award can be found in the following full text of this announcement. All work will be conducted in accordance with 10 USC §2684a, 2 CFR Part 200, applicable portions of the DoD Grants and Agreement Regulations (32 CFR Subchapter C), and the terms and conditions of the cooperative agreement.

FULL TEXT

A. Program Description

Aberdeen Proving Ground (APG) is one of the nation’s most diversified military installations and the Army’s leading center for state-of-the-art technology. If a Soldier uses any piece of equipment for situational awareness or to shoot, move, or communicate, chances are an APG organization developed, tested, and fielded it. APG is home to more than ninety tenant organizations working at the cutting edge of Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance (C5ISR) acquisition and sustainment; research and development; test and evaluation; public health sciences; chemical and biological defense; and personnel security investigations.

Title 10, Section 2684a of the United States Code authorizes the Department of Defense to form agreements with non-federal governments or private organizations to limit encroachment and other constraints on military training, testing, and operations by establishing buffers around installations. The Army implements this authority through the ACUB program, which is managed overall at HQDA by the Office of the Deputy Chief of Staff (DCS G9), Installation Services Directorate, Army Environmental Division. Active Army cooperative agreements are managed by U. S. Army Environmental Command (USAEC), a Major Subordinate Command of U. S. Army Installation Management Command (IMCOM), and administered by the MICC-FSH.

Through ACUB, the Army reaches out to eligible partners to identify mutual conservation objectives and to prevent incompatible development and/or use of important undeveloped areas near an installation. The Army can contribute funds to the cooperative agreement partner’s purchase of easements or properties from willing sellers to protect habitat and buffer training without acquiring title to any new land. Establishing buffer areas near Army installations limits the effects of encroachment and maximizes land inside the installation that can be used to support the installation's mission.

This announcement represents a continuation of an existing project started in 2014. This collaborative conservation between Aberdeen Proving Ground (APG) and regional stakeholders and partners through the ACUB program will sustain APG’s testing mission and Army readiness, while meeting regional land protection and conservation goals. Buffers around APG will protect the integrity of the mission to include test facilities and mission, training land, restricted airspace, unencumbered flight paths, nighttime training, and radar encroachment.

The overall long-term project includes the purchase of easements on, or fee simple ownership of, approximately 10,100 additional acres of privately-owned land from willing landowners. All land is in the ACUB project area, which includes two ACUB Priority Areas proximal to APG in Harford County. If military funds are available, as well as sufficient partner funds, the partner will negotiate with willing landowners for the purchase of a real property interest within the defined and approved ACUB project area, as prioritized by APG. Purchase price must be at or below fair market value. A Phase I Environmental Site Assessment, boundary survey, title search, and appraisal conducted by Yellow Book (or substantially similar) standards must be completed prior to purchase. The land will then be perpetually monitored by the partner or other approved eligible entity to ensure compliance with the terms of the easement or fee simple purchase purpose. Each deed acquired under this cooperative agreement shall require the deed holder to transfer to the United States or another eligible entity, upon demand of the Secretary of the Army, all or a portion of, the real property interest, to ensure that the property concerned is developed and used in the manner for which it was acquired.

There will be the need for future evaluation under the National Environmental Policy Act (NEPA) if changes in land management are deemed necessary on properties purchased fee simple. In that case, the awardee will be required to assist Aberdeen Proving Ground in conducting that analysis.

All work will be conducted in accordance with: 10 USC §2684a; 2 CFR 200; applicable portions of the DoD Grants and Agreement Regulations (32 CFR Subchapter C); the terms and conditions of the cooperative agreement; and the draft statement of work (SOW), which is attached to this announcement. Additional Army-specific program guidance and controls can be found in: the Headquarters Department of the Army (HQDA) Interim Army Implementation Guidance for Encroachment Authorities and/or the updated version thereof; the Headquarters Installation Management Command (HQ IMCOM) Business Process Guide (BPG) for ACUB Execution; and the HQ IMCOM Allowable and Authorized Costs Guide (AACG).

Program Objective: Through the ACUB program, partner with a non-federal eligible entity to acquire and protect interests in lands in the vicinity of Aberdeen Proving Ground to buffer the military mission from incompatible development.

Public Benefits: 1) Sustain the military mission by preventing incompatible development that will negatively impact training realism and capability; 2) Promote open space, recreational opportunities, and watershed protection; 3) Continued compatible agriculture practices; and 4) Provide ecological protection for habitat for native flora and fauna.

Program Goal: Procure easements or fee-simple properties of approximately 19,265 acres of privately-owned land from willing landowners during the period of performance of the cooperative agreement.

B. Federal Award Information

One cooperative agreement may be awarded from this announcement. The anticipated period of performance (PoP) of this cooperative agreement may be as few as 10 years, but is not expected to exceed 25 years. Final determination of the PoP will occur during pre-award communications between the selected applicant and MICC-FSH.

The Army will have substantial involvement, such as with planning, review of management plans and papers or special projects conducted on or about the land, and will provide prioritization of parcels. Frequent communications between Aberdeen Proving Ground/U. S. Army Environmental Command and the cooperative agreement awardee will occur by meetings, emails, phone calls, video teleconferences, and site visits.

Total cost (Military and partner share) for the cooperative agreement, regardless of period of performance, will be limited to $50M and includes up to the fair market value of the real property interest, due diligence, closing and recordation, post-acquisition easement monitoring and enforcement, and other approved allowable costs under 2 CFR Part 200, the HQ IMCOM AACG, and the terms and conditions of the cooperative agreement. Military funds may be provided for up to 80 percent of all costs, although actual amount of military funding provided will be negotiated at the time of each transaction and is dependent on availability of military funds. No funds are guaranteed for the cooperative agreement and the cooperative agreement partner is expected to assist Aberdeen Proving Ground with applying for REPI funds and requesting Army O&M funds annually. This is a cost share requirement effort and the cooperative agreement partner is expected to contribute the balance of funds not provided by the military.

C. Eligibility Information

1. Eligible Applicants

The applicant must demonstrate its eligibility. An eligible applicant, as defined by 10 USC §2684a, must be either: (1) a State or political subdivision of a State or (2) a private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or goal.

With the application, private entities will be required to submit proof of non-profit status as determined by the Internal Revenue Service, proof of authority to transact business in the State of Maryland, and a Certificate of Good Standing from the State of Maryland.

Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from those requirements under 2 CFR § 25.110(b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR § 25.110(d)) is required to:

a) Provide a valid Dun & Bradstreet Universal Numbering System (DUNS) number on its application. DUNS numbers are nine-digit numbers established and assigned by Dun and Bradstreet, Inc. 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 System for Award Management (SAM, 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 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.

Only one application per organization will be accepted from this Notice.

Failure of an entity to meet any of the above eligibility requirements will preclude MICC-FSH from making an award to that entity.

2. Cost Sharing or Matching

There is a minimum partner cost share requirement of 20 percent for this project. The cost share percentage is calculated across the entire agreement rather than per transaction. Cost share includes cash, grants, landowner donations, and in-kind services. Funding the partner receives from non-Department of Defense federal governmental organizations (e.g. U. S. Fish and Wildlife Service, U. S. Forest Service, U. S. Department of Agriculture, etc.) is considered partner share. The actual amount of military funding is unknown at this time and must be applied for annually by Aberdeen Proving Ground, with support from the partner. The amount to be contributed by the partner per parcel will be negotiated before each transaction takes place. Total cost (military and partner share) for the cooperative agreement, regardless of period of performance, is currently limited to $50M and includes up to the fair market value of the real property interest, due diligence, closing and recordation, post-acquisition easement monitoring and enforcement, and other approved allowable costs under 2 CFR Part 200 and the terms and conditions of the cooperative agreement. See Section D (6) for allowable cost information.

Explanation of how the applicant plans to meet or exceed the cost share requirement must be documented in the application. This explanation must describe sources from which the applicant plans to solicit funds and/or dedicated funding streams from within the organization. Any track record explanation must describe past examples of cost share contribution to similar land protection projects, to include specific examples documenting both cost share amount and cost share percentage.

3. Other Consideration Factors

a) Real Property Interest Acquisition in Maryland The cooperative agreement awardee must have the ability to either acquire a real property interest in the State of Maryland or directly partner with an entity with the ability to acquire a real property interest in the State of Maryland. If adopting the latter methodology, the applicant must describe the roles, responsibilities, and authorities of each entity involved. The applicant must describe this framework of operations and provide examples if the applicant has prior experience with real property purchases in Maryland.

b) Operational Standards and Practices The cooperative agreement awardee must have in-place a well-developed and clearly articulated set of operational standards and practices. These governing tenants should set forth best management practices and operational standards sufficient for ensuring quality, legitimacy, and permanence of conservation efforts while upholding the public confidence and properly stewarding the taxpayer dollars used in this Federal assistance program. If the applicant is an accredited member of the Land Trust Alliance (LTA), which requires adoption of the LTA’s own community-developed Standards and Practices, additional documentation is not needed. If the applicant is not an accredited member of the LTA, or if the applicant is a State or subdivision of a State, they are encouraged to provide a copy of, or digital link to, their unique organizational or governmental operational standards and practices for land conservation efforts.

c) Project Management Capacity and Capability The cooperative agreement awardee must be ready and capable of executing the work required to successfully accomplish the objectives of this project. The applicant must describe the organization’s staff size and relevant technical expertise. Responses should describe how many full and part time employees would be working on this project and what their expertise is in real property interest acquisition/management, project management, grant/cooperative agreement management, accounting services, legal services, reporting, outreach, GIS, and any additional relevant areas.

d) Organizational Longevity and Financial Stability This ACUB project is a long-term effort in which real property interests must be acquired over the period of performance of the cooperative agreement, and monitored and/or managed in perpetuity. Applicants must describe their organization’s financial solvency as a continuing organization and demonstrate that the organization has been in business for at least two years or more than 12 years. Applicants are encouraged to provide financial statements as supporting documentation.

e) Internal Controls and Audit Findings As a Federal assistance Program funded by appropriated taxpayer dollars, it is of utmost importance that funds allocated to ACUB cooperative agreements are accounted for and expended in accordance with the applicable governing Federal regulations and Army-required internal control measures (see above Section A above). Applicants must describe their methodology for establishing and maintaining adequate internal controls with regards to the spending and stewardship of Federal and/or non-Federal funds. If applicant has undergone a Federal Single Audit within the past two years, they are required to submit the resulting report from that audit with this application. If applicant has not undergone a Federal Single Audit in the past two years, but has undergone them prior to that, data from the Federal Audit Clearinghouse may be used to determine if they have a historical record of adequate internal controls or if they have received repeat findings of significant deficiencies. If applicant has never undergone a Federal Single Audit, they are encouraged to submit an alternate independent auditor’s report, or provide additional supporting evidence (i.e. management documents) that illustrate well-established internal controls.

f) Monitoring and Enforcement of Real Property Interests All real property interests acquired under this project must be monitored and enforced in perpetuity. Applicants must describe their processes and resources (e.g. money, equipment, people) to ensure long-term monitoring and enforcement of real property interests. Response should describe protocols/standards, staff/volunteers, and reserved funds for monitoring and enforcing real property interests. Applicants are encouraged to provide organizational monitoring and enforcement plans, if they exist. Response should also describe if the organization has a 10 year or longer track record of monitoring and enforcing real property interests. If the real property interests will be acquired in conjunction with a known partner, the applicant should describe these aspects with respect to the known partner and the proposed division of labor for monitoring and enforcement tasks.

D. Application and Submission Information

1. Address to Request Application Package

This announcement and National Policy Requirements and other Certifications attachment described in Section F (2) include all information, documents, and electronic addresses needed to submit an application through www.Grants.gov. There are no additional application forms, kits, or other materials required.

2. Content and Form of Application Submission

Pre-applications, letters of intent, or white papers are not required or encouraged.

An acceptable application will be a Microsoft Word or Adobe PDF document in 12 point Times New Roman font, not to exceed 25 pages, outlining how the organization meets the criteria stated in this announcement. Pages should be numbered. Only information contained in the application and in supporting documents will be evaluated. Supporting documents to not contribute to the page limit of the application. In addition to the application described below, signed National Policy Requirements and Other Certifications documents, as described in Section F (2), must be submitted. Applications must include the following sections, in order:

a) Contact Information and Eligibility

· Provide contact information including the organization’s name, address, and Employee Identification Number or Tax Identification Number, as well as the authorized point of contact’s name, phone number, and email address.

· Provide an explanation of how the applicant meets the eligibility requirement in Section C (1), including explanation of eligibility under 10 USC §2684a and by providing a DUNS number. In addition, proof of non-profit status, proof of authority to transact business in the State of Texas, a Certificate of Good Standing, and proof of SAM registration can be referenced in the response and submitted as separate files.

b) Explanation of how the applicant will meet or exceed the minimum cost share requirements described in Section C (2).

c) Explanation of satisfying the other eligibility requirements, as described in Section C (3), with respect to:

· Real Property Interest Acquisition in Texas

· Operational Standards and Practices

· Project Management Capacity and Capability

· Organizational Longevity and Financial Stability

· Internal Controls and Audit Findings

· Monitoring and Enforcement of Real Property Interests

There are no specific format requirements for supporting documentation.

3. Incomplete Proposals, Unacceptable Ratings, and Assigning Additional Weight in the Event of Multiple Equally Qualified Applicants

Full descriptions of the proposal evaluation factors and criteria can be found in Section E (1) below. As a general summary:

a) Incomplete proposals or those not meeting these content requirements will be eliminated from competition, and notification of elimination will be sent to the applicant.

b) An “Unacceptable” response for any one of the evaluation factors will result in an overall rating of “Unacceptable” for the application as a whole.

c) In the event that equal qualifications are demonstrated for multiple applicants, the following will be considered as a means for assigning additional weight:

· Experience with protecting agricultural lands and working with U.S. Department of Agriculture (USDA) or other similar federal or state agencies.

· Prior successful experience with ACUB or similar programs, and/or military installations, within the last 5 years.

Successful applicants must review and concur with the draft Statement of Work provided after the awarding agency’s notification of intent to make a Federal award, but prior to a Federal award.

4. Unique Entity Identifier and System for Award Management (SAM) Each applicant (unless excepted from those requirements under 2 CFR §25.110(b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR §25.110(d)) is required to: (i) Be registered in SAM before submitting its application; (ii) provide a valid unique entity identifier in its application (DUNS number); and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

5. Submission Dates and Times

Complete applications must be submitted electronically through www.Grants.gov (See Section D (7)). Applications must be received by 12:00 pm Central time on 8 July 2020. The date and time in www.Grants.gov will determine time of receipt for compliance with the submission requirements. No late applications will be accepted.

6. Intergovernmental Review.

This program is subject to Executive Order 12372, but has not been selected by the State for review.

7. Funding Restrictions

Funding restrictions can be found in the accompanying Allowable and Authorized Costs Guide (AACG), which details the potential costs under the ACUB program, their allowability under the regulations, whether or not they are authorized for payment for this program, and whether or not they are authorized to be counted towards partner match.

8. Other Submission Requirements

Department of Army, MICC-FSH participates in the Grants.gov initiative which provides the Grant Community with a single website, www.Grants.gov, to search for and apply for all federal grant opportunities.

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.

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

E. Application Review Information

1. Factors and Criteria After the First Level Screening for Basic Eligibility [see descriptions of all three screening levels in Section E (2)], an eligible applicant will be evaluated by a Second Level Evaluation with Criteria whereby their responses to items 1-7 below will be determined to be either “Unacceptable”, “Acceptable”, or “Good”, according to the descriptions provided for each category. An “Unacceptable” response for any one of the below factors will result in an overall rating of “Unacceptable” for the application as a whole.

FACTOR 1: Cost Sharing or Matching [Section C (2)],

RATING
CRITERIA
Unacceptable
Response provided does not demonstrate that the organization has a reasonable plan to meet or exceed the cost sharing requirement.
Acceptable
Response provided demonstrates that the organization has a reasonable plan to meet or exceed the cost sharing requirement.
Good
Response provided demonstrates that the organization has a reasonable plan to meet or exceed the cost sharing requirement and a track record of meeting cost share for a similar project(s).

FACTOR 2: Real Property Interest Acquisition In Maryland [Section C (3)(a)],

RATING
CRITERIA
Unacceptable
Response provided does not demonstrate the organization’s ability to acquire real property interests in Maryland.
Acceptable
Response provided demonstrates the organization’s ability to acquire real property interests in Maryland.
Good
Response provided demonstrates the organization’s ability to acquire real property interest in Maryland and the organization has already acquired real property interests in Maryland.

FACTOR 3: Operational Standards and Practices [Section C (3)(b)];

RATING
CRITERIA
Unacceptable
Response provided does not demonstrate that the organization has adopted a set of operational standards, or that those standards are not sufficiently detailed with regards to ethics, mission, community engagement, legal compliance, board accountability, conflicts of interest, fundraising practices, financial oversight, human resources, strategic project evaluation and selection, sound due diligence practices, legal reviews of transactions, recordkeeping practices, resulting tax benefits, and conservation easement monitoring and/or fee simple stewardship practices.
Acceptable
Response provided demonstrates the organization has adopted a sufficient set of operational standards and practices with regards to ethics, mission, community engagement, legal compliance, board accountability, conflicts of interest, fundraising practices, financial oversight, human resources, strategic project evaluation and selection, sound due diligence practices, legal reviews of transactions, recordkeeping practices, resulting tax benefits, and conservation easement monitoring and/or fee simple stewardship practices.
Good
Response provided demonstrates that the organization is either 1) LTA accredited, or 2) has adopted a well-developed and comprehensive set of operational standards and practices with regards to ethics, mission, community engagement, legal compliance, board accountability, conflicts of interest, fundraising practices, financial oversight, human resources, strategic project evaluation and selection, sound due diligence practices, legal reviews of transactions, recordkeeping practices, resulting tax benefits, and conservation easement monitoring and/or fee simple stewardship practices.

FACTOR 4: Project Management Capacity and Capability [Section C (3)(c)];

RATING
CRITERIA
Unacceptable
Response provided does not demonstrate that the organization has adequate staff size with sufficient staff expertise relevant to real property interest acquisition/management, project management, grant/cooperative agreement management, accounting services, legal services, reporting, outreach, and GIS.
Acceptable
Response provided demonstrates that the organization has an adequate staff size with sufficient expertise related to real property interest acquisition/management, project management, grant/cooperative agreement management, accounting services, legal services, reporting, outreach, and GIS.
Good
Response provided demonstrates the organization has more than adequate staff size with more than sufficient expertise relevant to real property interest acquisition/management, project management, grant/cooperative agreement management, accounting services, legal services, reporting, outreach, and GIS.

FACTOR 5: Organizational Longevity and Financial Stability [Section C (3)(d)];

RATING
CRITERIA
Unacceptable
Response provided does not demonstrate the organization has been in existence more than two years and/or does not appear to be financially stable.
Acceptable
Response provided demonstrates the organization has been in existence more than two years and appears to be financially stable.
Good
Response provided does demonstrates the organization has been in existence for more than 12 years and appears to be financially stable.

FACTOR 6: Internal Controls and Audit Findings [Section C (3)(e)];

RATING
CRITERIA
Unacceptable
Response provided does not demonstrate that the organization has established acceptable internal controls. Either 1) As a result of a Federal single audit or independent audit report, applicant has received three or more unique or repeat findings of significant deficiency within the last five years, and/or has unresolved findings of significant deficiency older than two years, or 2) The applicant has not provided proof of undergoing a Federal single audit despite meeting the Federal spending threshold ($750,000) necessitating one.
Acceptable
Response provided demonstrates that the organization has established acceptable internal controls. Either 1) As a result of a Federal single audit or independent audit report, applicant has received less than three unique or repeat findings of significant deficiency within the last five years, and/or has resolved past findings of significant deficiency within two years, or 2) The applicant has not provided proof of undergoing a Federal single audit because they did not meet the Federal spending threshold ($750,000) necessitating one.
Good
Response provided demonstrates that the organization appears have established acceptable internal controls. As a result of a Federal single audit or independent audit report, applicant has received no findings of significant deficiency within the last five years.

FACTOR 7: Monitoring and Enforcement of Real Property Interests [Section C (3)(f)]

RATING
CRITERIA
Unacceptable
Response provided does not demonstrate the organization has a process and/or resources (e.g. money, equipment, people) for perpetual monitoring and enforcing of real property interests.
Acceptable
Response provided demonstrates the organization has a process and resources (e.g. money, equipment, people) for perpetual monitoring and enforcing of real property interests.
Good
Response provided demonstrates the organization has a process and resources (e.g. money, equipment, people) for perpetual monitoring and enforcing of real property interests and the organization has at least a ten year track record of ensuring monitoring and enforcement for prior real property interest acquisition.

2. Review and Selection Process

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 10 USC §2684a – Agreements to limit encroachments and other constraints on military training, testing, and operations

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:

a. First Level Screening - Basic Eligibility: Applications will be screened by the MICC-FSH Grants Management Officer to ensure that applications meet basic eligibility requirements. Depending on the specifics of the opportunity, screening may include, but is not limited to, the following:

· Program and/or legislative authority requirements are met;

· Submission is timely;

· Submission is complete and meets content and format requirements, as described in Section D (2).

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

b. Second Level Evaluation - Criteria Evaluation: Applications eligible for criteria review will be evaluated by an ad hoc evaluation team assembled to review, rate, rank, and recommend applications for award using the defined evaluation factors and criteria. Eligible applications will be evaluated in an objective and unbiased manner using the criteria for “Unacceptable”, “Acceptable”, or “Good” responses for the following factors (see full criteria in Section E (1)):

· Cost sharing or matching

· Real Property Interest Acquisition In Texas

· Operational Standards and Practices

· Project Management Capacity and Capability

· Organizational Longevity and Financial Stability

· Internal Controls and Audit Findings

· Monitoring and Enforcement of Real Property Interests

Evaluation teams are made up of three or more qualified personnel from USAEC, HQ IMCOM, and the installation who are considered to be subject matter experts (SME) within the ACUB program, and who have been certified to have no conflict of interest with any persons or organizations applying for award. The individual technical evaluation team members will assess the eligibility of each applicant and compare the merits of each eligible entity’s responses against the criteria detailed in Section E (1) in order to provide a resulting rating of “Unacceptable”, “Acceptable”, or “Good” for a particular factor. An “Unacceptable” response for any one of the criteria will result in an overall rating of “Unacceptable” for the application as a whole.

The individual evaluations of all technical evaluation team members will then be consolidated into a single overall evaluation for each application.

In the event that equal qualifications are demonstrated for multiple applicants, the following will be considered as a means for assigning additional weight:

· Experience with protecting agricultural lands and working with U.S. Department of Agriculture (USDA) or other similar Federal or state agencies.

· Prior successful experience with ACUB or similar programs, and/or military installations, within the last 5 years.

The applicant(s) with the best overall resulting evaluation will be selected as the technical evaluation team awardee. The technical evaluation team awardee selection is subject to review and approval by the MICC-FSH.

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.

d) Third Level Evaluation – Pre-award Clearance and Approvals: Following the described review process, MICC-FSH will also complete a business evaluation and determination of responsibility. During these evaluations the Grants Management Officer will evaluate variables such as risk management. The MICC-FSH uses a risk-based approach to evaluate the risk posed by the supporting applicants’ projects before it awards Federal funds.

MICC-FSH is required to review information available through OMB-designated eligibility and/or financial integrity databases, such as the Federal Awardee Performance and Integrity Information System (FAPIIS). The MICC-FSH considers factors such as:

· Financial stability;

· Quality of management systems;

· History of performance managing Federal awards, timeliness of compliance with reporting requirements, conformance to the terms and conditions of previous Federal awards, etc.;

· Reports and findings from audits performed; and

· The applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities.

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

3. Designated Integrity and Performance Systems

The Federal awarding agency, prior to making a Federal award with a total amount of Federal share greater than the simplified acquisition threshold, is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS). An applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that a Federal awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM. The Federal awarding agency will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgement about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in 2 CFR §200.205.

F. Federal Award Administration Information

1. Federal Award Notices

MICC-FSH will endeavor to notify applicants via email within thirty (30) calendar days of the closing of this announcement if they have or have not been selected for this project. The selected applicant will then have thirty (30) days to review and work with Aberdeen Proving Ground and U. S. Army Environmental Command to finalize the Statement of Work that will be sent after selection.

Following successful completion of this requirements, an award will be made. Authorization to begin work on the project that requires military funds is not given until the full cooperative agreement is signed by the selected applicant and the MICC-FSH Grants Officer, funds are obligated to the cooperative agreement, and a Notice to Proceed is issued by Aberdeen Proving Ground.

2. Administrative and National Policy Requirements

Applicant’s electronic signature of the SF-424 will serve to affirm its agreement with each representation or assurance in the National Policy Requirements document found on www.Grants.gov with this Notice, to include Nondiscrimination, Environmental Standards, and other National Policy requirements (e.g. debarment and suspension, drug-free workplace, lobbying, and officials not to benefit).

3. Reporting

Any awardee must provide by email an annual report on all funds spent under the cooperative agreement not later than 31 October of each year. A template for this report will be provided by the U. S. Army Environmental Command. In addition, Standard Form 425, Federal Financial Report, must be submitted to the MICC-FSH on an annual basis, within 30 days of the anniversary of the cooperative agreement. The awardee must ensure that an audit is conducted annually in accordance with 2 CFR Part 200 and the terms and conditions of the cooperative agreement.

If the total value of an award recipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the recipient during that period of time must maintain the currency of information reported to SAM that is made available in FAPIIS about civil, criminal, or administrative proceedings described in Appendix XII in 2 CFR §200.

G. Federal Awarding Agency Contact

For questions or to request assistance, please contact:

Marico O. Sellers, Contracting Specialist, MICC-FSH 210-466-2129 marico.o.sellers.civ@mail.mil

H. Other Information

The cost of preparing applications and/or proposals in response to this announcement is not considered an allowable direct charge to any award made under this funding opportunity. The Government is not obligated to make any award as a result of this announcement. Only the Grants Officer can bind the Government to the expenditure of funds.

For more information on ACUB see: https://aec.army.mil/index.php/conserve/ACUB

For more information on REPI see: http://www.repi.mil

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