Draft NOPFO-Riley v3_20190207.pdf

NOTICE OF POTENTIAL FUNDING OPPORTUNITY FOR

FORT RILEY

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

Fort Riley Army Compatible Use Buffer Program—Land Protection and Encroachment Mitigation in Kansas, 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: 7 February 2019

Any questions on this announcement must be received by MICC-FSH by 12:00 pm Central Time on 27 February 2019.

Final applications must be received by MICC-FSH by 12:00 pm Central Time on 16 April 2019 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 Fort Riley Army Compatible Use Buffer (ACUB) program. The successful applicant will, after coordinating with Fort Riley 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 82,400 acres located within three ACUB Priority Areas near Fort Riley in Clay, Geary, and Riley counties of Kansas.

http://www.grants.gov/

The purpose of acquiring real property interests near Fort Riley is to minimize current or anticipated impacts on the testing and training mission from incompatible development, incompatible infrastructure, and urban sprawl. Although not the primary driver for this project, land protection may potentially also maintain flora and fauna and natural habitats, including habitat for federally endangered species.

One cooperative agreement, as defined by 31 U.S.C. §6305, 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 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”) over the ten year period of performance. The current estimated cost for this partnering opportunity for this project is approximately $33.5M. 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, and the terms and conditions of the cooperative agreement.

Full Text A. Program Description

Fort Riley supports the 1st Infantry Division, its subordinate commands, and units from other installations, the National Guard and Army Reservists. The mission of the 1st Infantry Division is to build and maintain combat ready forces; on order deploys these forces in an expeditionary manner to conduct Decisive Action to fight and win in complex environments as members of a Joint, Inter-organizational, and Multinational team. Two armored brigade combat teams, as well as a Sustainment Brigade and Combat Aviation Brigade (CAB) are permanently assigned to Fort Riley. Training restrictions, costly workarounds, and compromised testing realism can result from incompatible development surrounding the installation (external encroachment) and from threatened and endangered species on the installation (internal encroachment).

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 Assistant Chief of Staff for Installation Management. Active Army cooperative agreements are managed by U. S. Army Environmental Command (a Major Subordinate Command of U. S. Army Installation Management Command), 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 2006. This collaborative conservation between Fort Riley and regional stakeholders and partners through the ACUB program will sustain Fort Riley’s training readiness, while meeting regional land protection and conservation goals.

Buffers around Fort Riley will protect the integrity of the mission to include land, restricted airspace, unencumbered flight paths, radar encroachment, and noise complaints.

The overall long-term project includes the purchase of easements on, or fee simple ownership of, approximately 26,800 additional acres of privately-owned land from willing landowners. This current partnering opportunity towards the overall project includes 13,400 acres of privately-owned land over ten years. All land is in the ACUB project area, which includes three ACUB Priority Areas proximal to Fort Riley in portions of Clay, Geary and Riley counties. If military funds are available, as well as sufficient partner funds, the partner will negotiate with the willing landowners for the purchase of a real property interest within the defined and approved ACUB project area, as prioritized by Fort Riley. 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 Fort Riley in conducting that analysis.

All work will be conducted in accordance with 10 USC §2684a, 2 CFR Part 200, and the terms and conditions of the cooperative agreement.

-Objective: through the ACUB program, partner with a non-federal eligible entity to acquire and protect interests in lands in the vicinity of Fort Riley 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.

-Goal: Procure easements or fee-simple properties of approximately 13,400 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 of this cooperative agreement is for a ten year period. The period of performance has potential to be extended, but the total time will not exceed 50 years.

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 Fort Riley/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 ten year cooperative agreement period of performance is currently estimated to be $33.5M 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. 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 the 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 Fort Riley 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 their 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 Kansas, and a Certificate of Good Standing from the State of Kansas.

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 to meet eligibility requirements will result in precluding MICC-FSH from making an award.

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 cooperative 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 Fort Riley, with support http://fedgov.dnb.com/webform http://www.sam.gov/ http://www.sam.gov/ 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 ten year cooperative agreement period of performance is currently estimated to be up to $33.5M 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

a. Real Property Interest Acquisition in Kansas The cooperative agreement awardee must have the ability to either acquire a real property interest in the State of Kansas or directly partner with an entity with the ability to acquire a real property interest in the State of Kansas. The applicant must describe this ability and provide examples if the applicant has prior experience with real property purchases in Kansas.

b. Project Management Capacity and Capability The cooperative agreement awardee must be ready to execute and capable of executing the work 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 area.

c. Organizational Longevity This ACUB project is a long-term effort where real property interests must be acquired over the period of performance of the cooperative agreement. Applicants must describe their organization’s stability and financial solvency as a continuing organization. Applicants must provide organizational financial data and demonstrate that the organization has been in business for at least two years or more than 12 years.

d. 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. 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.

D. Application and Submission Information

1. Address to Request Application Package

This announcement and National Policy Requirements 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 15 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. Applications must include the following sections, in order:

1) Contact Information and Eligibility

a. 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.

b. Provide explanation of how the applicant meets the eligibility requirement in Section C (1), including explanation of eligibility under 10 USC §2684a and by providing DUNS number.

In addition, proof of non-profit status, proof of authority to transact business in the State of Kansas, a Certificate of Good Standing, and proof of SAM registration can be referenced in the response and submitted as separate files.

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

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

a. real property interest acquisition in Kansas,

b. project management capacity and capability

c. organizational longevity

d. monitoring and enforcement of real property interests

There are no specific format requirements for supporting documentation.

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

Though optional, clear demonstration of any of each of the following, after completing sections 1-3 above, will provide weight to the application in the event equal applicant qualifications are demonstrated:

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

B. Accreditation from the Land Trust Alliance.

C. Experience with protecting agricultural lands and working with U.S. Department of Agriculture or other similar federal or state agencies.

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.

3. 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.

4. 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 16 April 2019. 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.

5. Intergovernmental Review.

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

6. Funding Restrictions

The following table denotes 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.

1. Cost

2. Allowable /Unallowable

Per Reg.

(A/U)

3.

Authorized

Cost (Y/N/C)

4.

Authorized

Partner Match

(Y/N/C)

5. Citation

A. Pre-Acquisition Costs

1) Appraisal1 A Y Y

2 CFR §200.459 (all professional services costs under this citation must be not be contingent upon recovery of the costs from the federal government)

2) Appraisal Review A Y Y 2 CFR §200.459

3) Boundary Survey A Y Y 2 CFR §200.459

1 Appraisal may be waived “…in cases involving the acquisition by sale or donation of property with a low fair market value.” 42 USC §4651(2)

2. Allowable /Unallowable

Per Reg.

(A/U)

3.

Authorized

Cost (Y/N/C)

4.

Authorized

Partner Match

(Y/N/C)

5. Citation

4) Phase 1 Environmental Assessment A Y Y 2 CFR §200.459

5) Biological Survey A Y Y 2 CFR §200.459

6) Baseline Condition Survey A Y Y 2 CFR §200.459

7) Geological Survey A C2 C 2 CFR §200.459

8) Title, Abstract Search, Examination A Y Y 2 CFR §200.459

9) Title Commitment A Y Y 2 CFR §200.459

10) Attorney Fees A Y Y 2 CFR §200.459

B. Acquisition Costs

1) Purchase Price of Property – Fee

Simple Title A Y Y 2 CFR §200.403 10 USC §2684a(d)(1)

2) Purchase Price - Easement A Y Y 2 CFR §200.403 10 USC §2684a(d)(1)

3) Purchase Price – Option to Purchase A C3 Y 2 CFR §200.403 10 USC §2684a(d)(1)

4) Purchase Price - Water Rights A C4 Y 2 CFR §200.403 10 USC §2684a(d)(1)

C. Closing Costs/Recordation

1) Closing Fee A Y Y 2 CFR §200.459

2) Title Fee A Y Y 2 CFR §200.403

3) Title Insurance A Y Y 2 CFR §200.459

4) Recording Fee A Y Y 2 CFR §200.459

D. Natural Resource (NR)/Land Management

1) NR/Land Management Actions5 A C6 C 10 USC §2684a(d)(3)

2 CFR §200.459

2) NR/Land Management Plan preparation A N Y 10 USC §2684a(d)(3)

2 CFR §200.459

3) Equipment Purchase: Invoice must list specific equipment and the equipment must be identified in, or

A C7 C

2 CFR §200.313

2 CFR §200.439(a)(2)

2 CFR §200.436

(Depreciation)

2 “C” – Conditional. If required under Internal Revenue Code (26 U.S. Code § 170 - Charitable, etc., contributions and gifts).

3 Authorized if cost is deducted from final price of the property interest being acquired.

4 With prior approval from HQ IMCOM G4 and only with regulatory relief.

5 NR Management actions must be directly related to the ACUB cooperative agreement, in an HQ IMCOM G4 approved management plan, and result in a direct regulatory benefit to the US Army. Specific activities must be identified on the invoice in order to be paid by the Army/DoD. Authorized actions include: prescribed burn, invasive species control/removal, pest control, erosion control, wetland delineation, stream determination, species or habitat survey, soil survey, planting / thinning, habitat enhancement (provided specific enhancement is identified), animal or plant propagation/translocation/ reintroduction, soil sampling, and groundwater sampling. Signage, fences, or other controls if these are required in the applicable management plan. Costs must be approved prior to incurring expense.

6 With prior approval from HQ IMCOM G4.

7 With prior approval from HQ IMCOM G4.

2. Allowable /Unallowable

Per Reg.

(A/U)

3.

Authorized

Cost (Y/N/C)

4.

Authorized

Partner Match

(Y/N/C)

5. Citation associated with the appropriate land management plan.

4) Equipment Rental (with same conditions as above) A C8 C 2 CFR §200.465

5) Vehicle Purchase (with same conditions as above) A C9 C 2 CFR 200.439(b)(1)

6) Endowment for Stewardship / Land Management A C10 C 2 CFR §200.403

10 USC §2684a(d)(3)(B)

7) Endowment Cost Methodology A N N

E. Monitoring and Enforcement

1) Monitoring (one-time fee) A Y11 Y 2 CFR §200.430 10 USC §2684a(d)(3)

2) Labor – Monitoring Visit A N12 N 2 CFR §200.430

3) Enforcement Fee A N Y 2 CFR §200.430 10 USC §2684a(d)(3)

F. Personnel and Facility Costs

1) Labor / Staff Hours – see line items a-f below. Items marked with an asterisk (*) are only authorized if they are included as part of the entity’s indirect rate (i.e., the costs are equitably allocated to all related activities, including Federal awards).

2 CFR §200.430

a) Labor – Meeting with landowner (not “outreach”) A Y Y 2 CFR §200.430

b) Labor – Meeting with installation ACUB POC A Y Y 2 CFR §200.430

c) *Labor – ACUB Program Reporting (Annual Report to AEC, annual financial report)

A N* Y

2 CFR §200.327-328

2 CFR §200.430

2 CFR §200.459

d) *Labor – Invoicing/Accounting A N* N 2 CFR §200.430

e) *Labor – Fringe Benefits A N* N 2 CFR §200.431

f) *Labor - Fundraising A N* N 2 CFR §200.442

2 CFR §200.460

2) *Indirect Costs: “Facilities”13 A N* N 2 CFR §200.414

3) *Indirect Costs: “Administration” A N* N 2 CFR §200.414

8 With prior approval from HQ IMCOM G4.

9 With prior approval from HQ IMCOM G4. Partner must demonstrate vehicle purchase is more cost effective than vehicle rental and include percentage of use for ACUB. Vehicle must be pro-rated for life of the CA.

10 With prior approval from HQ IMCOM G4 and OACSIM.

11 Authorized costs for monitoring are limited to 5% of the property interest acquisition cost or $20,000, whichever is less, paid in advance.

12 Must be included in a one-time upfront fee or not at all.

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

2. Allowable /Unallowable

Per Reg.

(A/U)

3.

Authorized

Cost (Y/N/C)

4.

Authorized

Partner Match

(Y/N/C)

5. Citation

4) *Utilities A N* N 2 CFR §200.452

5) *Facilities rental A N* N 2 CFR §200.465

6) *Maintenance and repair costs A N* N 2 CFR §200.452

7) *Security A N* N 2 CFR §200.451

G. Miscellaneous

1) Property Taxes A C14 Y 2 CFR §200.470

2) Interest on Loans (not on borrowed capital) A C15 Y 2 CFR §200.449

3) Selling and Marketing (including costs associated with selling real property)

U16 N N 2 CFR §200.467

4) *Audit Services A N* N 2 CFR §200.425

5) Travel – Airline tickets and/or rail tickets A C17 C 2 CFR §200.474

6) Travel – Vehicle Rental A CError!

Bookmark not defined.

C 2 CFR §200.474

7) Travel – Mileage, personal vehicle A CError!

Bookmark not defined.

C 2 CFR §200.474

8) Travel – Parking A CError!

Bookmark not defined.

C 2 CFR §200.474

9) Travel – Lodging A CError!

Bookmark not defined.

C 2 CFR §200.474

10) Travel – Tolls A CError!

Bookmark not defined.

C 2 CFR §200.474

11) Travel – Meals A CError!

Bookmark not defined.

C 2 CFR §200.474

12) Travel costs of dependents U N N 2 CFR §200.474

13) Mapping and/or GIS Products A Y Y 2 CFR §200.439

14) Alcohol U N N 2 CFR §200.423

15) Subscriptions – Business, technical or professional periodicals A N N 2 CFR §200.454

14 Only if partner is actively seeking exemption or is not able to obtain an exemption from property taxes, and with HQ IMCOM G4 approval.

15 Must have HQ IMCOM G4 approval (to determine validity of reason for getting the loan).

16 Unallowable except as direct costs with prior approval by the awarding agency. Also see 2 CFR §200.311.

17 Travel costs must be pre-approved and must “…not exceed charges normally allowed by the non-Federal entity in its regular operations as the result of the non-Federal entity’s written travel policy.” Cost must be at the “…basic least expensive unrestricted accommodations class” (200.474(e)) (2 CFR §200.474). Partner must submit a travel request to the installation POC and receive written pre-approval (with copy furnished HQ IMCOM G4 and USAEC). Any travel authorized will be capped at the current GSA per diem rates and paid as reimbursement only.

2. Allowable /Unallowable

Per Reg.

(A/U)

3.

Authorized

Cost (Y/N/C)

4.

Authorized

Partner Match

(Y/N/C)

5. Citation

16) Dues /Fees/Licenses/ Memberships

– Country Club, Social or Dining Club or Organization, lobbying organization

U N N 2 CFR §200.454

17) Insurance and Indemnification A18 N N 2 CFR §200.447

18) Bonding A N N 2 CFR §200.427

19) Outreach (includes individual landowner contacts, public meetings to promote the ACUB program or promote a successful project.)

A19 N Y 2 CFR §200.430

20) Recruitment A N Y 2 CFR §200.463

21) Conferences A N N 2 CFR §200.432

22) Computing devices or peripherals A N N 2 CFR §200.453

23) Cell phones A N N 2 CFR §200.313;

§200.439

24) Photography equipment A N N 2 CFR §200.439(a)(2)

25) Postage / Shipping A C20 Y 2 CFR §200.473

26) Publication / Printing A C21 Y 2 CFR §200.461

27) Office Supplies A N N 2 CFR §200.453

28) Training A N Y 2 CFR §200.472;

2 CFR §200.463

29) Goods or services for personal use U N N 2 CFR §200.445

30) Lobbying U N N 2 CFR §200.450

31) Pre-Agreement Costs U N N 2 CFR §200.458

32) Meetings, conventions, conferences, convocations, or other events related to other [non-ACUB] activities of the entity

U N N 2 CFR §200.421

33) Entertainment U N N 2 CFR §200.438

7. 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.

18 Allowable “pursuant to the Federal award”, but not required for ACUB 19 Only for “…specific purposes necessary to meet the requirements of the Federal award.”

20 With prior approval from the installation.

21 With prior approval from the installation.

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. 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 the Second Level Evaluation with Criteria by being evaluated on items 1-5 below as either “Unacceptable”, “Acceptable”, or “Good”, according to the descriptions provided for each category.

1) Cost sharing or matching [Section C (2)], Unacceptable Response provided does not demonstrate the organization has a reasonable plan to meet or exceed the cost sharing requirement.

Acceptable Response provided does demonstrate the organization has a reasonable plan to meet or exceed the cost sharing requirement.

Good Response provided does demonstrate 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).

2) Real property interest acquisition in Kansas [Section C (3)(a)], Unacceptable Response provided does not demonstrate the organization’s ability to acquire real property interests in Kansas.

Acceptable Response provided does demonstrate the organization’s ability to acquire real property interests in Kansas.

Good Response provided does demonstrate the organization’s ability to acquire real property interest in Kansas and the organization has already acquired real property interests in Kansas.

3) Project management capacity and capability [Section C (3)(b)];

Unacceptable

Response provided does not demonstrate 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 does demonstrate 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.

http://www.grants.gov/web/grants/support/technical-support/troubleshooting.html

4) Organizational longevity [Section C (3)(c)];

Unacceptable Response provided does not demonstrate the organization has been in existence more than two years and/or does not appear to be financial stable.

Acceptable Response provided does demonstrate the organization has been in existence more than two years and does appear to be financially stable.

Good Response provided does demonstrate the organization has been in existence for more than 12 years and does appear to be financially stable.

5) Monitoring and enforcement of real property interests [Section C (3)(d)]

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 does demonstrate the organization has a process and resources (e.g. money, equipment, people) for perpetual monitoring and enforcing of real property interests.

Good

Response provided does demonstrate 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.

Additional weight will be given to the application, in the event equal applicant qualifications are demonstrated, for clear evidence of:

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

B. Accreditation from the Land Trust Alliance.

C. Experience with protecting agricultural lands and working with U.S. Department of Agriculture or other similar federal or state agencies.

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:

1) Program and/or legislative authority requirements are met;

2) Submission is timely;

3) 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 criteria.

Eligible applications will be evaluated in an objective and unbiased manner using the criteria of Unacceptable, Acceptable, or Good (see full criteria in Section E (1)) for the following categories:

1) Cost sharing or matching

2) Real property interest acquisition in Kansas

3) Project management capacity and capability

4) Organizational longevity

5) Monitoring and enforcement of real property interests

Additional weight will be given to the application, in the event equal applicant qualifications are demonstrated, for clear evidence of:

1) Prior successful experience with ACUB or similar programs, and/or military installations within the past 5 years.

2) Accreditation from the Land Trust Alliance

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

Evaluation teams are made up of two or more qualified personnel familiar with the program and who have been certified to have no conflict of interest with any persons or organizations applying for award. The application evaluation team will assess the eligibility of each applicant and compare the merits of each eligible entity’s responses against the criteria mentioned in Section E (1) to select one awardees. The 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.

c. 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:

1) Financial stability;

2) Quality of management systems;

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

4) Reports and findings from audits performed; and

5) 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 (60) calendar days of the closing of this announcement if they have or have not been selected for this project. The selected applicant(s) will then have thirty (30) days to review and work with Fort Riley and U. S. Army Environmental Command to finalize the Statement of Work.

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 Fort Riley.

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, 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/Services/Conserve/ArmyCompatibleUseBufferProgram.aspx

For more information on REPI see: http://www.repi.mil https://aec.army.mil/Services/Conserve/ArmyCompatibleUseBufferProgram.aspx http://www.repi.mil/