DE Competitive NOFO.pdf

NOTICE OF FUNDING OPPORTUNITY

DIGITAL EQUITY COMPETITIVE GRANT PROGRAM

EXECUTIVE SUMMARY

A. Federal Awarding Agency Name

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

Commerce

B. Funding Opportunity Title

Digital Equity Competitive Grant Program

C. Announcement Type

Initial

D. Funding Opportunity Number

NTIA-DECGP-2024

E. Assistance Listing (CFDA Number)

11.036

F. Key Dates

Complete applications from Eligible Entities, including Indian Tribes, Alaska Native entities, and

Native Hawaiian organizations (“Native Entities”) must be received through the NTIA Grants

Portal (https://grants.ntia.gov) no later than 11:59 p.m. Eastern Time (ET) on September 23, 2024.

Complete applications from the United States Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and any other territory or possession of the

United States (“U.S. Territories”) must be received through the NTIA Grants Portal

(https://grants.ntia.gov) no later than 11:59 p.m. Eastern Time (ET) on October 22, 2024.

Application materials are available at https://broadbandusa.ntia.doc.gov.

NTIA expects to begin issuing awards to applicants pursuant to this Notice of Funding

Opportunity (“NOFO”) by Winter of 2024 and no later than April 20, 2025. NTIA expects to make awards on a rolling basis.

G. Application Submission Address

All applicants must submit complete application packets through the NTIA Grants Portal

(https://grants.ntia.gov). Applications or portions thereof submitted through postal mail, courier, email, facsimile, or other means will not be accepted.

https://grants.ntia.gov/ https://grants.ntia.gov/ https://broadbandusa.ntia.doc.gov/ https://grants.ntia.gov/

H. Funding Opportunity Description

This Notice of Funding Opportunity solicits applications for the Digital Equity Competitive

Grant Program (“Competitive Grant Program” or “Program”), the third of three digital equity programs authorized by the Infrastructure Investment and Jobs Act of 2021, Division F, Title III, Public Law 117-58, 135 Stat. 429, 1209 (November 15, 2021) (“Infrastructure Act”) also known as the (“Digital Equity Act” or “DE Act”). The Digital Equity Act appropriated $2.75 billion to be awarded by the Assistant Secretary of Commerce for Communications and Information

(“Assistant Secretary”) to promote digital equity and inclusion.

The Digital Equity Act consists of three funding programs: (1) the $60 million State Digital

Equity Planning Grant Program; (2) the $1.44 billion State Digital Equity Capacity Grant

Program; and (3) the $1.25 billion Competitive Grant Program. The Digital Equity Planning

Grant Program was launched in May of 2022 and is now complete. Under the Planning Grant

Program, 56 States and U.S. Territories created Digital Equity Plans that identified the barriers to digital equity faced by certain populations defined by the statute (i.e., “Covered Populations”)1 and measurable objectives for addressing those barriers. The State Digital Equity Capacity Grant

Program Notice of Funding Opportunity was released on March 29, 2024, and will provide funds to States and U.S. Territories to implement the Digital Equity Plans created through the Digital

Equity Planning Grant Program, as well as provide funds for Indian Tribes, Alaska Native entities, and Native Hawaiian organizations (“Native Entities”) to address the digital equity needs of the Covered Populations within those communities. The Capacity Grant Program is on-going and will continue to address the needs of the Covered Populations as identified in the State and U.S. Territories’ Digital Equity Plans and as identified by Native Entities.

The Competitive Grant Program will make funds available to a wide range of entities to address barriers to digital equity faced by Covered Populations as defined by 47 U.S.C. §1721(8). The

Competitive Grant Program will support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption and meaningful use of broadband among the

Covered Populations. Specifically, the Digital Equity Act authorizes funds to be used for the development and implementation of digital inclusion activities that benefit the Covered

Populations; programs that facilitate the adoption of broadband by Covered Populations to provide educational and employment opportunities; training programs that cover basic, advanced, and applied skills; workforce development programs; access to equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband services at low or no cost; and the construction or operation of public access computing centers for Covered Populations. Awards will focus on addressing the needs of the

Covered Populations not met by the Capacity Grant Program and will strive for a diverse pool of

1 47 U.S.C. §1721(8) defines the term “Covered Populations” to mean individuals who live in covered households (i.e., a household with income of not more than 150 percent of the poverty level), aging individuals (i.e., individuals 60 years or older), incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility, veterans, individuals with disabilities, individuals with a language barrier, including individuals who are English learners and have low levels of literacy, individuals who are members of a racial or ethnic minority group, and individuals who reside in rural areas.

recipients. To ensure funds are directed to the most effective programs with the greatest reach, and to minimize administrative overhead, NTIA encourages proposals that demonstrate a broad partnership of entities with the ability to administer significant resources and address the varied concerns of the Covered Populations.

I. Funding Instrument

Grant

J. Eligibility

The following entities are eligible to apply for grants under the Competitive Grant Program so long as that entity is not serving, and has not served, as the administering entity for a State under either the State Digital Equity Planning Grant Program or the State Digital Equity Capacity

Grant Program:

(1) A political subdivision, agency, or instrumentality of a State, including an agency of a

State that is responsible for administering or supervising adult education and literacy activities, or for providing public housing, in the State.

(2) An Indian Tribe, an Alaska Native entity, or a Native Hawaiian organization (“Native

Entity”).

(3) A foundation, corporation, institution, or association that is –

a. a not-for-profit entity; and

b. not a school.

(4) A community anchor institution.

(5) A local educational agency.

(6) An entity that carries out a workforce development program.

(7) A partnership between any of the entities described in paragraphs (1) through (6).

U.S. Territories are eligible to apply for funding under a separate set-aside established exclusively for U.S. Territories pursuant to 47 U.S.C. §1724(j)(3). To apply, U.S. Territories should complete an application as described in Section IV of this NOFO. U.S. Territories are not considered to be “Eligible Entities” for the Competitive Program, however, and their applications will be reviewed separately.

K. Anticipated Amounts

Grant awards will be made on a competitive basis under the criteria outlined in Section V of this

NOFO and will depend upon the number of applicants and the size of the proposals submitted.

NTIA expects to make individual Competitive Grant Program awards to Eligible Entities within a range of $5,000,000 and $12,000,000. This funding range is not a required minimum or maximum, but Eligible Entities requesting award amounts outside that range must explain why their application falls below or above this range and must provide a compelling justification for the variance in their project size. NTIA encourages partnerships of multiple eligible entities to consider applying for larger awards. As discussed below, awards to U.S. Territories are not subject to this estimated funding range due to the amount of funds available.

Congress has appropriated $750,000,000, less NTIA’s cost of administering the program, for grants under the Digital Equity Competitive Grant Program through fiscal year 2024

($250,000,000 for each of fiscal years 2022, 2023, and 2024). As statutorily required, five (5) percent ($37,500,000) will be reserved for Native Entities and one (1) percent ($7,500,000) will be reserved for U.S. Territories.2 Congress has also appropriated an additional $250,000,000, less administrative expenses, for fiscal year 2025 which is anticipated to become available in

October of 2024. If these funds become available, NTIA intends to award these additional funds, including a five (5) percent set-aside for Native Entities and a one (1) percent set-aside for U.S.

Territories. Any funds not awarded, including further appropriations, will be made available through future NOFO(s).3

47 U.S.C. §1724(j)(2) establishes a five (5) percent set-aside exclusively for Native Entities.

Accordingly, NTIA has set aside $37,500,000 for Native Entities and will increase this amount to

$50,000,000 if the fiscal year 2025 funds become available. However, Native Entities are also included within the definition of an Eligible Entity under the Competitive Grant Program.

Accordingly, applications from Native Entities will be considered as part of the Competitive

Grant Program along with other Eligible Entities. If Native Entities are not funded to at least the amount of the Native Entity set-aside during the initial award process, lower scoring Native

Entity Applications will be considered until either the set aside has been exhausted, or until there are no further qualifying Native Entity applications. Any remaining funds from the Native Entity set-aside that are not distributed under this NOFO will be made available to Native Entities in future NOFO(s).

47 U.S.C. §1724(j)(3) establishes a one (1) percent set-aside for U.S. Territories. Accordingly, NTIA has set aside $7,500,000 for U.S. Territories and will increase this amount to $10,000,000 if the fiscal year 2025 funds become available. Individual awards to U.S. Territories will not exceed $2,500,000. While NTIA anticipates that awards to individual U.S. Territories will be greater than $1,000,000, this is not a mandatory minimum and will be determined based on the number of applications and amount of funding requested. See Section V.D.4 of this NOFO for additional information on award selection for U.S. Territories. Any remaining funds from the set aside for U.S. Territories that are not distributed under this NOFO will be made available to U.S.

Territories in future NOFO(s).

L. Cost Sharing/Matching

As required by 47 U.S.C. §1724(e)(1), the amount of a Competitive Grant awarded to an Eligible

Entity through this program may not exceed 90 percent of the total project cost (i.e., there is a

10% matching requirement). The Assistant Secretary may grant a waiver of this limitation if an applicant petitions for a waiver and demonstrates financial need. Applications that propose matching funds in excess of 10% (as described in Section V.D.2 of this NOFO) will be given

2 Administrative costs of implementing the program are deducted from the amount made available after the statutory set asides are applied.

3 If the additional funds for fiscal year 2025 are made available through this NOFO, there will only be one future Competitive NOFO; if the funds for fiscal year 2025 are not made available through this NOFO, there will be two additional Competitive NOFOs.

additional consideration over those that meet only the minimum requirement. U.S. Territories may not be subject to the federal cost share/matching requirement depending upon the size of those awards.

M. NOFO Summary

The following table provides a summary of key provisions within this Notice of Funding

Opportunity.

U.S. Department of Commerce, NTIA

Digital Equity Competitive Grant Program Notice of Funding Opportunity

Funding Opportunity Number NTIA-DECGP-2024

Program Overview

This Notice of Funding Opportunity (“NOFO”) solicits applications for the Digital Equity Competitive Grant

Program (“Competitive Grant Program” or “Program”), the third of three digital equity programs authorized by the

Infrastructure Investment and Jobs Act of 2021. The

Competitive Grant Program will make funds available to a wide range of entities to address barriers to digital equity faced by Covered Populations.

Funding Instrument

Grant

Award Project Period

Grant recipients must expend the grant amounts during the four (4) year period after the date on which the entity is awarded the grant. Grant recipients may continue to measure and evaluate the activities supported with the grant amounts for a period of one (1) year after the initial four (4) year

Period of Performance. No extensions to the four (4) year

Period of Performance or the one (1) year evaluation period will be granted.

Goals & Objectives

Proposed programs, projects, and activities will support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption and meaningful use of broadband among the Covered Populations.

Eligible Projects/Topic Areas

Develop and implement digital inclusion activities that benefit one or more of the Covered Populations; Facilitate the adoption of broadband by the Covered Populations in order to provide educational and employment opportunities;

Implement training programs for the Covered Populations that cover basic, advanced, and applied skills; Implement workforce development programs; Make available equipment, instrumentation, networking capability and digital network technology for broadband services to

Covered Populations at low or no cost; Construct, upgrade, expand, or operate new or existing public access computing centers for Covered Populations through community anchor institutions; or undertake any other project or activity the

Assistant Secretary finds to be consistent with the purposes of the Program. Grantees may also use not more than 10 percent of the grant amount to measure and evaluate the activities supported with the grant amounts.

Eligible Applicants

The following entities are eligible to apply for grants under this Program if the entity is not serving, and has not served, as the administering entity for a State under 47 U.S.C.

§1723(b):

(1) A political subdivision, agency, or instrumentality of a State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities, or for providing public housing, in the State.

(2) An Indian Tribe, an Alaska Native entity, or a Native

Hawaiian organization.

(3) A foundation, corporation, institution, or association that is –

a. A not-for-profit entity; and

b. Not a school.

(4) A community anchor institution.

(5) A local educational agency.

(6) An entity that carries out a workforce development program.

(7) A partnership between any of the entities described in paragraphs (1) through (6).

U.S. Territories may apply for the territorial set aside provided for at 47 U.S.C. §1724(j)(3) by submitting an application consistent with Section IV of this NOFO.

Funding Amount

Congress has appropriated $750,000,000 for grants under the

Digital Equity Competitive Grant Program through fiscal year 2024. Five (5) percent ($37,500,000) is reserved for

Native Entities and one (1) percent ($7,500,000) is reserved for U.S. Territories. NTIA expects to make awards to

Eligible Entities, including Native Entities, within a range of

$5,000,000 and $12,000,000. Awards to U.S. Territories will not exceed $2,500,000.

Congress appropriated an additional $250,000,000 for fiscal year 2025 which is anticipated to become available in

October of 2024. If these funds become available, NTIA intends to award these funds under this NOFO, subject to the required statutory set asides and administrative expenses, if there are sufficient meritorious applications. In the event that the additional funds are made available, the Native Entity set aside will increase to $50,000,000 and the U.S. Territory set aside will increase to $10,000,000.

Cost Share/Matching

Requirements

Under the terms of the Digital Equity Act, the amount of a

Competitive Grant award may not exceed 90 percent of the total project cost (i.e., grantees must secure at least 10% matching funds). Applicants may apply for a waiver of this cost share requirement as described in Section III.B of this

NOFO. Applications that propose matching funds greater than the minimum amount will receive additional consideration as part of the selection process.

Estimated Number and Type of Award(s)

NTIA anticipates that it will issue between 150 and 200 grant awards under this Notice of Funding Opportunity.

Key Dates

Applications from Eligible Entities must be received by

September 23, 2024. Applications from U.S. Territories must be received by October 22, 2024.

How to Apply

Application materials are available at:

https://broadbandusa.ntia.doc.gov.

Review and Selection Process

The application review process will be conducted in three stages: (1) Initial Eligibility and Administrative Review, (2)

Merit Review, and (3) Programmatic Review. To accelerate issuance of awards, Programmatic Review will be conducted using prioritized groupings and award recommendations will be made on a rolling basis. Following the conclusion of the

Programmatic Review for each prioritized grouping, the

OICG Associate Administrator will recommend a list of ranked applications, including the identification of awards to

Native Entities and U.S. Territories, to the NTIA Assistant

Secretary, who is the Selecting Official for this program.

Details of the selection process can be found in Section V of this NOFO.

Agency Contacts

Please direct programmatic inquiries to:

Angela Thi Bennett

Director of Digital Equity

Office of Internet Connectivity and Growth

National Telecommunications and Information

Administration

U.S. Department of Commerce

1401 Constitution Avenue, NW

Washington, DC 20230

Phone: (202) 482-2048

Email: digitalequity@ntia.gov

Please direct grant management inquiries to:

Darren Olson

Grants Officer

Grants Management Division

National Institute of Standards and Technology

325 Broadway

Boulder, CO 80305

Phone: (720) 693-0465

Email: darren.olson@nist.gov

Please direct media inquiries to:

Charles Meisch

Director of Public Affairs

Office of Public Affairs

National Telecommunications and Information

Administration

U.S. Department of Commerce

1401 Constitution Avenue NW, Room 4897

Washington, DC 20230

Phone: (202) 482-7002

Email: press@ntia.doc.gov mailto:press@ntia.doc.gov

FULL ANNOUNCEMENT TEXT

Table of Contents

I. Program Description

A. Overview of the Digital Equity Competitive Grant Program

B. Definitions

II. Federal Award Information

A. Funding Availability

B. Period of Performance

C. Performance Measurement and Evaluation

D. Award Amount

E. Type of Funding Instrument

III. Eligibility Information

A. Eligible Applicants

B. Cost Sharing or Matching

IV. Application and Submission Information

A. Address to Request Application Package

B. Content and Form of Applications

C. Funding Restrictions

1. Allowable Uses of Digital Equity Competitive Grant Funds

2. Evaluation

3. Focus of Programs and Permitted Activities

4. Limitations on Uses of Digital Equity Competitive Grant Funds

D. Certifications Regarding Debarment and Suspension

E. System for Award Management (SAM)

1. SAM Unique Entity Identifier

2. SAM Registration

F. Submission Dates and Times

G. Intergovernmental Review

H. Material Representations and Public Disclosure of Applications

I. Other Submission Requirements

V. Application Review Information

A. Overview

B. Initial Eligibility and Administrative Review

C. Merit Review

D. Programmatic Review

1. Prioritization

2. Programmatic Review Process

3. Native Entity Application Review

4. U.S. Territory Application Review

5. Rolling Awards

E. OICG Associate Administrator Review

F. Final Project Selection

G. Federal Awarding Agency Review of Risk Posed by Applicant

H. Anticipated Announcement and Award Dates

VI. Federal Award Administration Information

A. Federal Award Notices

B. Notification to Unsuccessful Applicants

C. Retention of Unsuccessful Applications

D. De-obligation or Termination of Grant

E. Administrative and National Policy Requirements

1. Uniform Administrative Requirements, Cost Principles and Audit Requirements

2. Department of Commerce Financial Assistance Standard Terms and Conditions

3. Pre-Award Notification Requirements

4. Build America, Buy America Act Domestic Content Preference Requirements

5. National Environmental Policy and Historic Preservation

6. Domestic Preference for Procurements

7. Contracting with Small and Minority Businesses, Women's Business Enterprises, and

Labor Surplus Area Firms

8. Cybersecurity Best Practices

9. Privacy

F. Reporting

1. Infrastructure Act Reporting Requirements

2. Other Reporting Requirements

G. Recipient Integrity and Performance Matters

H. Audit Requirements

I. Federal Funding Accountability and Transparency Act of 2006

J. Public Database

VII. Federal Awarding Agency Contacts

VIII. Other Information

A. Transparency

B. Protected and Propriety Information

C. Funding Availability and Limitation of Liability

D. Third Party Beneficiaries

E. Waiver Authority

F. Paperwork Reduction Act

G. Transparency, Accountability, and Oversight Required

1. Generally

2. U.S. Department of Commerce Office of Inspector General

3. Whistleblower Protection

H. Unauthorized Use of Funds

Appendix A ……………………………...……………………………………………………...58

Appendix B .…………………………………………………………………………………….62

I. Program Description

A. Overview of the Digital Equity Competitive Grant Program

The National Telecommunications and Information Administration (“NTIA”) issues this Notice of Funding Opportunity (“NOFO”) to describe the requirements under which it will award grants under the Digital Equity Competitive Grant Program (“Competitive Grant Program” or

“Program”), authorized by § 60305 of the Infrastructure Investment and Jobs Act of 2021, Division F, Title III, Public Law 117-58, 135 Stat. 429, 1222 (November 15, 2021)

(“Infrastructure Act”) also known as the Digital Equity Act of 2021 (“Digital Equity Act”).4 The

Competitive Grant Program provides funding to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption and use of broadband5 among the Covered

Populations6 as defined in the Digital Equity Act.

Disparities in digital access and literacy exacerbate existing inequalities and limit the ability of marginalized groups to fully participate in the digital economy of the United States and access essential services.7 By leveraging accessible digital technology, individuals can overcome barriers to healthcare, employment opportunities, education, and social services. Regardless of a person’s age, race, income, where they live, what languages they speak, what resources they have at their disposal, their disability status, and what specific challenges they may face in their daily lives, affordable, reliable, high speed Internet access is a necessity for all people of the

United States.

Recognizing the devastating impact of digital exclusion, President Biden made a commitment that every household in America will have access to affordable, reliable, high-speed Internet, and the resources necessary to realize the Internet’s full potential. Passed on a bipartisan basis in both chambers of Congress, the Digital Equity Act of 2021 provides $2.75 billion to address digital inclusion and advance digital equity. The law charges NTIA – the President’s principal adviser on telecommunications and information policy matters, housed within the United States

Department of Commerce (“DOC”) – with administering these programs.

The Digital Equity Act creates a carefully structured approach to addressing the core concerns of digital equity and digital inclusion for members of the Covered Populations. The first step was the creation of detailed State Digital Equity Plans that identified the barriers to digital equity and

4 47 U.S.C. §1701 et seq.

5 47 U.S.C. §1724(a)(1).

6 47 U.S.C. § 1721(8). The Covered Populations are: (1) individuals who live in Covered Households

(defined as households with income from the most recently completed year of not more than 150% of the poverty level), (2) aging individuals, (3) incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility, (4) veterans, (5) individuals with disabilities; (6) individuals with a language barrier, including English learners and those with low levels of literacy, (7) individuals who are members of a racial or ethnic minority group, (8) individuals who primarily reside in a rural area.

7 See, e.g., 47 U.S.C. §1722.

established measurable objectives for overcoming them. NTIA launched the State Digital Equity

Planning Grant Program (“Planning Grant Program”) on May 13, 2022, awarding $53.7 million to 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and four (4) U.S.

Territories, to develop Digital Equity Plans which identify the barriers to digital adoption for each of the eight Covered Populations identified in the statute. That program is now complete.

The second step was the implementation of the State Digital Equity Capacity Grant Program

(“Capacity Grant Program”) which makes funds available to begin implementation of the State and U.S. Territory Digital Equity Plans and empowers Native Entities to address digital equity and inclusion consistent with the purposes of the Digital Equity Act. On March 29, 2024, NTIA released the State Digital Equity Capacity Grant Program Notice of Funding Opportunity making more than $750,000,000 available to States and Territories to fund State Digital Equity Plans and begin addressing the barriers to digital equity faced by the Covered Populations, as well as more than $45,000,000 to Native Entities to implement similar programs for the Covered Populations within their jurisdictions. The Capacity Grant Program is ongoing and NTIA will take steps to help ensure that funding under this NOFO does not duplicate or overlap with programs initiated under the Capacity Grant Program.8

The Competitive Grant Program is the final component of the Digital Equity Act’s framework for addressing digital equity and inclusion. Through this Program, NTIA seeks applications for programs and activities that will address the gaps in the implementation of existing State Digital

Equity Plans, proposals that will supplement or further advance State Digital Equity Plans, and/or proposals that address barriers to digital equity that the current State Digital Equity Plans failed to identify. While NTIA expects to make funding available for a variety of effective evidenced-based programs, NTIA encourages innovative approaches that transcend existing digital equity programs.

Applications should support efforts to achieve digital equity, promote digital inclusion activities, and/or spur greater adoption of broadband among the Covered Populations.9 Specifically, the proposed programs must support at least one of the following activities: (1) Develop and implement digital inclusion activities that benefit one or more of the Covered Populations; (2)

Facilitate the adoption of broadband by the Covered Populations in order to provide educational and employment opportunities; (3) Implement training programs for the Covered Populations that cover basic, advanced, and applied skills; (4) Implement workforce development programs;

(5) Make available equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband services to Covered Populations at low or no cost; (6)

Construct, upgrade, expand, or operate new or existing public access computing centers for

Covered Populations through community anchor institutions; (7) Any other project and/or

8 See, e.g., Section IV.B.(14) & (15) of this NOFO.

9 47 U.S.C. §1724(a)(1). The definitions of “digital equity,” “digital inclusion,” and “Covered

Populations” are set forth in Section I.B of this NOFO.

activity the Assistant Secretary finds to be consistent with the purposes for which the Program is established.10

In assessing applications, the Assistant Secretary will consider, to the extent practicable, whether the proposed program will increase Internet access and the adoption of broadband among

Covered Populations to be served by the applicant, the comparative geographic diversity of the applications, and whether the proposed program is duplicative or conflicts with other programs.11

The Assistant Secretary will also assess the extent to which a project or activity is consistent with the purpose of the Digital Equity Act Competitive Grant Program, which is to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband among covered populations.12 NTIA believes that a project or activity is consistent with the purpose of the Digital Equity Act Competitive Grant Program when it furthers one or more of the following goals: (1) economic stability, including workforce development and employment opportunities;13

(2) access to quality education;14 (3) access to healthcare;15 (4) social and civic engagement;16 and (5) community access to the benefits of Internet technology.17 Finally, the Assistant Secretary encourages the development of partnerships, as authorized by the statute.18 The development of broad partnerships will maximize the reach of the Competitive Grant Program funding and minimize administrative overhead. The full details of the selection process are outlined in

Section V of this NOFO.

B. Definitions

(1) Aging Individual: The term “aging individual” means an individual who is 60 years of age or older.

(2) Alaska Native Entity: The term “Alaska Native entity” will refer to a tribally controlled entity in Alaska whose purpose or mission is to represent or advance the interests of one or more native Alaskan communities. This will include, but will not be limited to, subsidiary organizations of an Indian Tribe; entities that receive federal funding due to their status as an

Indian or Native organization; and the Alaska Native Regional Nonprofit Organizations created to administer social, education and health services for Alaska Native people in their region.

10 See 47 U.S.C. §1724(d)(2)(A).

11 47 U.S.C. §1724(d)(1).

12 47 U.S.C. § 1724(a)(1).

13 See 47 U.S.C. §1722(1)(A); 47 U.S.C. §1724(d)(2)(A)(ii) & (iii).

14 See 47 U.S.C. §1722(1)(B); 47 U.S.C. §1724(d)(2)(A)(ii).

15 See 47 U.S.C. §1722(1)(B).

16 See 47 U.S.C. §1722(1)(A); 47 U.S.C. §1722(2)(B).

17 See 47 U.S.C. §1721(10); 47 U.S.C. §1722(1)(A); §1724(d)(2)(A); 47 U.S.C. §1724(d)(2)(A)(vi).

18 See 47 U.S.C. §1724(b)(7) (authorizing partnerships between Eligible Entities).

(3) Assistant Secretary: The term “Assistant Secretary” means the Assistant Secretary of

Commerce for Communications and Information.

(4) Commission: The term “Commission” refers to the Federal Communications Commission.

(5) Community Anchor Institution: The term “community anchor institution” means a public school, a public or multi-family housing authority, a library, a medical or healthcare provider, a community college or other institution of higher education, a State or Territory library agency, and any other nonprofit or governmental community support organization.

(6) Covered Household: The term “covered household” means a household, the income of which for the most recently completed year is not more than 150 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the

Census.

(7) Covered Populations: The term “Covered Populations” means:

1. Individuals who live in covered households;

2. Aging individuals;

3. Incarcerated individuals (as defined by the State or Territory), other than individuals who are incarcerated in a Federal correctional facility;

4. Veterans;

5. Individuals with disabilities;

6. Individuals with a language barrier, including individuals who—

a. Are English learners; and

b. Have low levels of literacy;

7. Individuals who are members of a racial or ethnic minority group; and

8. Individuals who primarily reside in a rural area.

(8) Digital Equity: The term “digital equity” means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States.

(9) Digital Inclusion: The term “digital inclusion” –

1. Means the activities that are necessary to ensure that all individuals in the United

States have access to, and the use of, affordable information and communication technologies, such as—

a. Reliable fixed and wireless broadband Internet service;

b. Internet-enabled devices that meet the needs of the user; and

c. Applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and

2. Includes—

a. Obtaining access to digital literacy training;

b. The provision of quality technical support; and

c. Obtaining basic awareness of measures to ensure online privacy and cybersecurity.

(10) Digital Literacy: The term “digital literacy” means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information.

(11) Disability: The term “disability” means, with respect to an individual—

1. A physical or mental impairment that substantially limits one or more major life activities of such individual;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

(12) Eligible Entity: The term “Eligible Entity” means one of the following entities so long as that entity is not serving, and has not served, as the administering entity for a State under either the State Digital Equity Planning Grant Program or the State Digital Equity Capacity Grant

Program:

(1) A political subdivision, agency, or instrumentality of a State, including an agency of a

State that is responsible for administering or supervising adult education and literacy activities, or for providing public housing, in the State.

(2) An Indian Tribe, an Alaska Native entity, or a Native Hawaiian organization.

(3) A foundation, corporation, institution, or association that is –

a. a not-for-profit entity; and

b. not a school.

(4) A community anchor institution.

(5) A local educational agency.

(6) An entity that carries out a workforce development program.

(7) A partnership between any of the entities described in paragraphs (1) through (6).19

(13) Indian Tribe: The term “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community (i.e., Tribal Organizations), including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native

Claims Settlement Act, 43 U.S.C. § 1601 et seq., which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

19 47 U.S.C. §1724(b)(8) also permits the Assistant Secretary to make other entities eligible by rule if the

Assistant Secretary deems them in the public interest and they are not a school, however, the Assistant

Secretary has not exercised that authority under this NOFO at this time.

(14) Native Hawaiian Organization (NHO): An organization that is registered with the U.S.

Department of the Interior’s Office of Native Hawaiian Relations and Hawaiian Homes

Commission Act Beneficiary Associations and Homestead Associations, as defined under 43

C.F.R. §§ 47.10 and 48.6, or is the Department of Hawaiian Home Lands.

(15) Native Entity: As used in this NOFO, the term “Native Entity” refers to Indian Tribes, Alaska Native entities, and Native Hawaiian organizations as referenced in 47 U.S.C. 1724(j)(2).

(16) Rural Area: The term “rural area” means any area other than –

1. A city or town that has a population of greater than 50,000 inhabitants;

2. Any urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants; and

3. In the case of a grant or direct loan, a city, town, or incorporated area that has a population of greater than 20,000 inhabitants.

(17) State: The term “State” means:

1. any State of the United States;

2. the District of Columbia; and

3. the Commonwealth of Puerto Rico.

(18) Tribal Organization: The term “Tribal Organization” means the recognized governing body of any Indian Tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: provided, that in any case where a contract is let or grant made to an organization to perform services benefiting more than one

Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant.

(19) U.S. Territory: The term “U.S. Territory,” “U.S. Territories” or “Territory” means the United

States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana

Islands, and any other territory or possession of the United States that is not a State.

(20) Veteran: The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.

II. Federal Award Information

A. Funding Availability

Congress appropriated $750,000,000 to fund grants under the Digital Equity Competitive Grant

Program through fiscal year 2024.20 NTIA expects to make individual Competitive Grant

Program awards within a range of $5,000,000 and $12,000,000. This funding range is not a required minimum or maximum, but Eligible Entities requesting award amounts outside that range must explain why their application falls below or above this range and must provide a compelling justification for that variance. Congress has also appropriated an additional

$250,000,000, for fiscal year 2025 which is anticipated to become available in October of 2024.

If these funds become available, NTIA intends to award these additional funds, subject to the required statutory set asides and administrative expenses. Any funds not awarded, including further appropriations, will be made available through future NOFO(s).

47 U.S.C. §1724(j)(2) requires the Assistant Secretary to reserve five (5) percent of the amount made available to carry out the Program in a fiscal year to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations (“Native Entities”) to allow those tribes, entities and organizations to carry out the activities described in the Competitive Grant Program. Accordingly, NTIA will reserve

$37,500,000 for grant awards to Native Entities ($50,000,000 if fiscal year 2025 funds are made available). Because Native Entities are included within the definition of an Eligible Entity under the Competitive Grant Program, applications from Native Entities will be considered as part of the Competitive Grant Program along with all other Eligible Entities. If Native Entities are not funded to at least the amount of the Native Entity set aside during the initial award process, lower scoring Native Entity applications will be considered until either the set aside has been exhausted, or until there are no further qualifying Native Entity applications. Any Native Entity set-aside funds not awarded will be made available to Native Entities through future NOFO(s).

See Section V.D.3 of this NOFO for additional information on award selection for Native

Entities.

47 U.S.C. §1724(j)(3) requires the Assistant Secretary to reserve one (1) percent of the amount made available to carry out the Program in a fiscal year to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and any other territory or possession of the

United States that is not a State (“U.S. Territories”) to enable those entities to carry out the activities described in the Competitive Grant Program. Accordingly, NTIA will reserve

$7,500,000 for grant awards to U.S. Territories ($10,000,000 if fiscal year 2025 funds are made

20 Infrastructure Act, Division J, Title II, 135 Stat. 1354, allocated $250,000,000 for fiscal years 2022, 2023, and 2024. Because the Digital Equity Act prohibited the establishment of the Competitive Grant

Program before the date on which awards were issued under the State Digital Equity Capacity Grant

Program, the funding from years prior to the Capacity Grant Program awards are being combined in this

NOFO. See, 47 U.S.C. §1724(a)(1).

available). Because U.S. Territories are not Eligible Entities, and thus cannot participate directly in the Competitive Grant Program, these funds will be made available to the Territories through a separate review process using the same application requirements. As required by statute, these funds are being made available on a competitive basis, but no award will exceed $2,500,000.

While NTIA expects award amounts to be above $1,000,000, this is not a required minimum and will be determined based on the number of applications and amount of funding requested. If any

U.S. Territory set-aside funds remain after the Competitive Grant awards are completed, the remaining funds will be reserved for U.S. Territories to be awarded through future NOFO(s).

See Section V.D.4 of this NOFO for additional information on award selection for U.S.

Territories.

Congress has also permitted the Assistant Secretary to set aside funding for salaries and expenses, administration, and oversight of the grants awarded under this NOFO. Accordingly, NTIA will set aside up to approximately $75,000,000 from available funds to cover the lifecycle costs for the administration and oversight of awards made under this Notice of Funding

Opportunity.

B. Period of Performance

Except for measurement and evaluation activities required under the Digital Equity Act and this

NOFO, Grant recipients must expend the grant amounts within four (4) years after the date on which the entity is awarded the grant.21 The consolidated budget submitted with the application must reflect completion of all projects and interventions during the four (4) year period of performance. As permitted by the Digital Equity Act, grant recipients may continue to measure and evaluate the activities supported with the grant amounts for a period of one (1) year after the initial four (4) year Period of Performance.22 Measurement and evaluation costs are capped at 10 percent and should be reflected in the consolidated budget. This timeline is required by the

Competitive Grant Program’s statutory authority and no extensions to the four (4) year Period of

Performance, or the one (1) year evaluation period, may be granted.

C. Performance Measurement and Evaluation

Competitive Grant recipients and subrecipients are required to incorporate program measurement and evaluation activities as part of their program design and implementation. These activities must include documentation of the success of specific funded projects in meeting the performance objectives of the Program. As required by 47 U.S.C. §1724(d)(2)(B), an entity to which the Assistant Secretary awards a grant shall use not more than 10% of the grant amounts to measure and evaluate the activities supported with the grant amounts.

21 47 U.S.C. §1724(d)(2)(D). The four-year period begins on the first day of the period of performance identified in the grant agreement.

22 47 U.S.C. §1724(d)(2)(D).

Information collected should include, but is not limited to:

a. The Covered Population(s) being served.

b. The total number of individuals being served.

c. The number of individuals that belong to each Covered Population.

d. For each activity or intervention, explain how the activity or intervention facilitates the purposes of the Digital Equity Competitive Grant program, specifically by promoting one or more of the following23:

(1) Economic stability including workforce development and employment opportunities;

(2) Education access;

(3) Health care access;

(4) Social and civic engagement;

(5) Community access to the benefits of Internet technology.

e. Anecdotal/personal testimony demonstrating the positive experiences generated through the Program.

f. An assessment of Program effectiveness, including:

(1) Whether the grant’s intended objectives were accomplished, including whether it achieved its intended outcomes;

(2) Whether the program resulted in measurable changes in participants from the

Covered Populations, such as in knowledge or skills, including collecting data before, during, and after the program to understand potential changes;

(3) Whether the activity or intervention is making/has made progress toward the goals and objectives of the grant;

(4) How efficiently the program achieved its goals.

At the end of the Period of Performance (see, Section II.B above), the grant recipient receiving funds under the Competitive Grant Program must submit an overall assessment of the effectiveness of the programs along with the results, protocols, and instruments used to collect the above data to NTIA. All program evaluation materials must be submitted in accordance with the terms and conditions of the subject grant award and no later than the final award closeout.

The program evaluation materials may be posted publicly on NTIA’s website. In addition, these measurement and evaluation activities must be reported on an annual and semiannual basis as outlined in Section VI.F of this NOFO. Finally, grantees should be prepared to participate in an

NTIA-sponsored evaluation of the program, if NTIA conducts one.

23 See Supra, n.13-17.

D. Award Amount

Grant awards will be made on a competitive basis under the criteria outlined in Section V of this

NOFO and will depend upon the number of applicants and the size of the proposals submitted.

NTIA expects to make individual Competitive Grant Program awards to Eligible Entities within a range of $5,000,000 and $12,000,000. This funding range is not a required minimum or maximum, but Eligible Entities requesting award amounts outside that range must explain why their application falls below or above this range and must provide a compelling justification for that variance.

Awards to U.S. Territories will be made based upon the criteria outlined in Section V of this

NOFO and will not exceed $2,500,000. While NTIA expects award amounts to be above

$1,000,000, this is not a required minimum and will be determined based on the number of applications and amount of funding requested. If any U.S. Territory set-aside funds remain after the Competitive Grant awards are completed, the remaining funds will be reserved for U.S.

Territories to be awarded through future NOFO(s).

E. Type of Funding Instrument

The funding instrument for awards made to Eligible Entities pursuant to this NOFO will be a grant. NTIA also expects to award grants to U.S. Territories and Native Entities, although NTIA and the NIST Grants Officer reserve the right to issue cooperative agreements or contracts to such entities in accordance with 47 U.S.C. §§1724(j)(2) & (3).

III. Eligibility Information

A. Eligible Applicants

The following entities are eligible to apply for grants under this Program if the entity is not serving, and has not served, as the administering entity for a State under 47 U.S.C. §1723(b):

(1) A political subdivision, agency, or instrumentality of a State, including an agency of a

State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities, or for providing public housing, in the State.

(2) An Indian Tribe, an Alaska Native entity, or a Native Hawaiian organization.

(3) A foundation, corporation, institution, or association that is –

a. A not-for-profit entity; and

b. Not a school.

(4) A community anchor institution.

(5) A local educational agency.

(6) An entity that carries out a workforce development program.

(7) A partnership between any of the entities described in paragraphs (1) through (6).24

NTIA recognizes that partnerships are an effective means of serving the Covered Populations and they are encouraged. When applying as a partnership, one Eligible Entity must be designated as the applicant for the partnership and serve as the “Authorized Representative.” An Eligible

Entity may submit only one application for Competitive Grant Program funding (regardless of whether the application is as an Authorized Representative of a partnership or as an individual applicant). However, an Eligible Entity may participate as a member of more than one partnership so long as it is not the Authorized Representative for more than one partnership.

Only Eligible Entities may be members of a partnership.

The Authorized Representative of a partnership must submit a binding Letter of Commitment

(“LOC”) from each member of the partnership demonstrating authority to file on behalf of the partners. The LOC must set forth the role or scope of work of the participating partner, a commitment from the partner to serve in that role, identification of any funding the partner will receive from the Authorized Representative (either as a subrecipient or otherwise, as applicable), and a commitment from the Authorized Representative to keep each partner informed of progress on the project or activity. The LOC must be executed by both the partner member and the

Authorized Representative.

A Native Entity making an application for Competitive Grant Program funds, whether on its own behalf, as an Authorized Representative of a partnership, or as a participant in a partnership, must submit a Tribal Government Resolution or equivalent formal authorization from the governing body of the Native Entity providing express authority to apply for Competitive Grant Funds or to participate as…