EDA FY 15 EDAP FFO (FINAL 02-09-15).pdf

ANNOUNCEMENT OF FEDERAL FUNDING OPPORTUNITY

Public Works and Economic Adjustment Assistance Programs

EXECUTIVE SUMMARY

Federal Agency Name: Economic Development Administration (EDA), U.S. Department of

Commerce (DOC).

Funding Opportunity Title: FY 2015 Economic Development Assistance Programs

Application submission and program requirements for EDA’s Public Works and Economic

Adjustment Assistance programs.

Announcement Type and Date: FY 2015 Federal Funding Opportunity (FFO) announcement publishing EDA’s application submission requirements and review procedures for applications received under EDA’s (i) Public Works and (ii) Economic Adjustment

Assistance programs, authorized under the Public Works and Economic Development Act of

1965, as amended (PWEDA) (42 U.S.C. § 3121 et seq.). Effective date: February 9, 2015.

Funding Opportunity Number: EDAP2015

Catalog of Federal Domestic Assistance (CFDA) Numbers: 11.300, Investments for

Public Works and Economic Development Facilities and 11.307, Economic Adjustment

Assistance.

Dates: The next two deadlines for FY 20151 are listed below. EDA strongly encourages electronic submissions of applications through www.grants.gov (Grants.gov). To be considered during a particular funding cycle, completed applications must be validated and time-stamped by Grants.gov by 11:59 p.m. Eastern Time on the applicable funding cycle deadline. Alternatively, paper applications may be delivered to the applicable regional office listed in section VIII. of this FFO. Paper applications must be received no later than 5:00 p.m. local time in the applicable regional office on the funding cycle deadline and the applicant must use a delivery confirmation service from their selected carrier. If your application is received after the deadline, it will be considered late and will not be reviewed by EDA for that funding cycle. EDA staff, however, may provide feedback to the applicant and may advise the applicant to resubmit or provide additional documentation for consideration during the following funding cycle. EDA will not accept facsimile or email transmissions of applications. The next two funding cycle deadlines are:

• March 12, 2015 for funding cycle 2 of FY 2015; and

• June 12, 2015 for funding cycle 3 of FY 2015.

Funding cycle 1 of FY 2015 was covered under the FY 2014 Economic Development Assistance Programs FFO.

EDA funding for projects under any given funding cycle will be dependent upon the availability of appropriations.

Please see section II.A of this FFO for more information.

http://www.grants.gov/

Funding Opportunity Description: Under this FFO, EDA solicits applications from applicants in rural and urban areas to provide investments that support construction, non-construction, technical assistance, and revolving loan fund projects under EDA’s Public

Works and Economic Adjustment Assistance programs. Grants and cooperative agreements made under these programs are designed to leverage existing regional assets and support the implementation of economic development strategies that advance new ideas and creative approaches to advance economic prosperity in distressed communities. EDA provides strategic investments on a competitive- merit-basis to support economic development, foster job creation, and attract private investment in economically distressed areas of the United

States.

Eligible applicants: EDA is not authorized to provide grants or cooperative agreements to individuals or to for-profit entities under PWEDA. Requests from such entities will not be considered for funding. Eligible applicants for EDA financial assistance under the Public

Works and Economic Adjustment Assistance programs include a(n): (i) District

Organization of a designated Economic Development District; (ii) Indian Tribe or a consortium of Indian Tribes; (iii) State, county, city, or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (iv) institution of higher education or a consortium of institutions of higher education; or (v) public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State. See section 3 of PWEDA (42 U.S.C. § 3122) and 13 C.F.R. §

300.3.

FULL ANNOUNCEMENT TEXT

The Economic Development Administration’s (EDA) Public Works and Economic Adjustment Assistance Programs

EXECUTIVE SUMMARY

FULL ANNOUNCEMENT TEXT

I. Funding Opportunity Description

A. Overview

B. EDA Investment Priorities

C. EDA Program Information

II. Award information

A. What funding is available under this announcement?

B. What type of funding instrument will be used to make awards and how long will project periods be?

III. Eligibility Information

A. Eligible Applicants

B. EDA Economic Distress Criteria

C. Cost Sharing or Matching

IV. Application and Submission Information

A. How to Obtain an Application Package

B. Content and Form of Application Submission

C. Deadlines for submission

D. How to submit an application

E. Optional Pre-application Consultation or Review with EDA

V. Application Review and Selection Process

A. Application Review and Project Analysis

B. Investment Review Committee (IRC) and selection factors

C. Grants Officer’s Decision

VI. Award Administration Information

A. Award notification

B. Administrative and national policy requirements

C. Reporting requirements

D. Regulations, administrative requirements, and cost principles

E. EDA’s Non-relocation Policy

F. OMB Uniform Guidance audit requirements

VII. Other Information

A. Freedom of Information Act Disclosure

B. Past Performance and Non-Compliance with Award Provisions

C. Dun and Bradstreet Data Universal Numbering System, and Central Contractor

Registration

D. Restrictions Governing Making Grants to Corporations Convicted of Felony

Criminal Violations and/or Unpaid Federal Tax Liabilities

E. Environmental and historic preservation requirements

F. Intergovernmental review

G. Implementing the Americans with Disabilities Act (ADA)

VIII. EDA Contact Information

Atlanta Regional Office

Austin Regional Office

Chicago Regional Office

Denver Regional Office

Philadelphia Regional Office

Seattle Regional Office

IX. Instructions for Application Submission via Grants.gov

Appendix A. Representation by Corporations Regarding an Unpaid Delinquent

Tax Liability or a Felony Conviction Under Any Federal Law

I. Funding Opportunity Description

A. Overview

This Federal Funding Opportunity (FFO) announcement sets out EDA’s application submission and review procedures for two of its Economic Development Assistance programs

(EDAP) authorized under the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.) (PWEDA): (i) Public Works and Economic Development

(Public Works); and (ii) Economic Adjustment Assistance (EAA). EDA will publish separate

FFO announcements for its other programs: Regional Innovation Strategies, Planning, Partnership Planning, Local Technical Assistance, University Center, Research and National

Technical Assistance, and Trade Adjustment Assistance for Firms.

EDA’s programs provide economically distressed communities and regions with comprehensive and flexible resources to address a wide variety of economic needs, and are designed to lead to the creation and retention of jobs and increased private investment. EDA’s programs support local and regional economic development efforts to establish a foundation for vibrant economies throughout the United States. Through these programs, EDA supports bottom-up strategies that build on regional assets to spur economic growth and resiliency. EDA encourages its grantees throughout the country to develop initiatives that present new ideas and creative approaches to advance economic prosperity in distressed communities.

B. EDA Investment Priorities

Through the competitive grant process outlined in this funding opportunity, all proposed projects are evaluated to determine the extent to which they align with EDA’s investment priorities, create or retain high-quality jobs, leverage public and private resources, demonstrate the ability to start the proposed project promptly and use funds quickly and effectively, and provide a clear scope of work and specific, measureable outcomes.

EDA’s investment priorities are designed to provide an overarching framework to guide the agency’s investment portfolio to ensure its investments have the greatest impact.

Competitive applications will be responsive to the evaluation criteria listed in section V.A.2 of this FFO, and will align with at least one of the following investment priorities:

1. Collaborative Regional Innovation

Projects that support the development and growth of innovation clusters3 based on existing Regional competitive strengths. Such initiatives must engage relevant stakeholders; facilitate collaboration among urban, suburban, and rural (including tribal) areas; provide stability for economic development through long-term intergovernmental and public/private collaboration; and support the growth of existing and emerging industries.

2. Public/Private Partnerships Projects that use both public- and private-sector resources and leverage complementary investments by other government/public entities and/or nonprofits.

3. National Strategic Priorities Projects that encourage job growth and business expansion in clean energy; green technologies; sustainable manufacturing; information technology infrastructure

(for example, broadband or smart grid); communities severely impacted by automotive industry restructuring; natural disaster mitigation and resiliency;

access to capital for small- and medium-sized and ethnically diverse enterprises;

and innovations in science, health care, and alternative fuel technologies.

Under this FFO, EDA especially encourages projects that support increasing manufacturing, including advanced manufacturing, manufacturing supply chains and foreign direct investment in manufacturing facilities; projects that assist communities severely impacted by the declining use of coal; projects aimed at

EDA defines clusters as geographic concentrations of firms, workers and industries that do business with each other and have common needs for talent, technology, and infrastructure. Clusters are essentially networks of similar, synergistic, or complementary entities that are engaged in or with a particular industry sector; have active channels for business transactions and communication; share specialized infrastructure, labor markets, and services;

and leverage the region’s unique competitive strengths to stimulate innovation and create jobs. Clusters may cross municipal, county, and other jurisdictional boundaries.

restoring or improving urban waters; projects that increase resiliency to the effects of climate change; and projects that advance science and research parks or other technology transfer or commercialization centers.

4. Global Competitiveness Projects that support high-growth businesses and innovation-based entrepreneurs to expand and compete in global markets, especially investments that expand U.S.

exports, encourage foreign direct investment, and promote the repatriation of jobs back to the U.S.

5. Environmentally-Sustainable Development Projects that promote job creation and economic prosperity through enhancing environmental quality and developing and implementing green products, processes, places, and buildings as part of the green economy. This includes support for energy-efficient green technologies. Additional information is available on EDA’s website at http://www.eda.gov/pdf/GreenGrowthOverview.pdf.

6. Economically Distressed and Underserved Communities Projects that strengthen communities that have suffered disproportionate economic distress and job losses and/or are rebuilding to become more competitive in the global economy.

C. EDA Program Information

This section provides detailed information on the two programs to which this FFO applies. Additional information about EDA’s programs, including information about the eligibility of specific kinds of projects, is available through EDA’s economic development representatives. EDA’s representatives provide technical assistance to prospective applicants to assist in proposal development and application submission. Applicants are strongly encouraged to contact the EDA representative listed for their applicable state in section VIII. of this FFO to clarify technical matters involving their proposed project (especially business incubator projects), its alignment with EDA’s mission and investment priorities, and all other relevant publicly available information relating to technical matters before submitting an application to

EDA.

1. Public Works

Through the Public Works program, EDA provides catalytic investments to help distressed communities build, design, or engineer critical infrastructure and facilities that will help implement regional development strategies and advance bottom-up economic development goals to promote regional prosperity. The Public Works program provides resources to meet construction and/or the design of infrastructure needs of communities to enable them to become more economically competitive. Prior examples of investments EDA supported through the

Public Works program include projects supporting water and sewer system improvements, industrial parks, high-tech shipping and logistics facilities, workforce training facilities, business

CFDA No. 11.300. The regulations implementing the Public Works program may be found at 13 C.F.R. part 305.

http://www.eda.gov/pdf/GreenGrowthOverview.pdf incubators and accelerators, brownfield development, technology-based facilities, wet labs, multi-tenant manufacturing facilities, science and research parks, and telecommunications infrastructure and development facilities.

Investments made through the Public Works program must be aligned with a current regional economic development strategy and clearly lead to the creation or retention of long-term high-quality jobs. For example, under this program, EDA may provide funding to a consortium of eligible recipients to support the construction of a technology center that provides laboratory, office, and manufacturing space that leads to the creation of advanced manufacturing jobs. As another example, EDA may provide funding to a county government to support regional job creation in targeted cluster industries and expand those industries’ ability to export goods.

2. Economic Adjustment Assistance

Through the EAA program, EDA provides investments that support a wide range of construction and non-construction activities (including infrastructure, design and engineering, technical assistance, economic recovery strategies, and capitalization or re-capitalization of

Revolving Loan Fund (RLF) projects) in regions experiencing severe economic dislocations that may occur suddenly or over time. EDA utilizes EAA investments to provide resources that help communities experiencing or anticipating economic dislocations to plan and implement specific solutions to leverage their existing regional economic advantages to support economic development and job creation. Like Public Works investments, EAA investments are designed to help communities catalyze public-private partnerships to foster collaboration, attract investment, create jobs, and foster economic resiliency and prosperity. For example, EDA might provide funding to a university or community college to create and launch an economic diversification strategy to promote and enhance the growth of emerging industries in a region facing job losses due to a decline in the region’s coal industry. As another example, EDA might provide funding to a city to support the construction of a publically-owned multi-tenant business and industrial facility to house early-stage businesses.

EDA will continue to consider applications from communities experiencing adverse economic changes due to base realignment and closures (BRAC) and Federally declared disasters when awarding assistance from FY 2015 EAA program funds. In addition to the assistance described above, EDA assistance to such communities may include planning, coordinating the use of Federal resources available to support economic development recovery, and developing regionally focused economic recovery and growth strategies.

3. Statutory authorities for EDA’s programs

The statutory authorities for the Public Works and EAA programs are sections 201

(42 U.S.C. § 3141) and 209 (42 U.S.C. § 3149) of PWEDA, respectively.

Applicant eligibility and program requirements are set forth in EDA’s regulations

(codified at 13 C.F.R. chapter III) and all applicants must address these requirements. Specific program requirements for the Public Works program are set out at 13 C.F.R. part 305 and for the

EAA program at 13 C.F.R. part 307. For EDA’s Public Works and EAA programs, this

CFDA No. 11.307. The regulations implementing the EAA program may be found at 13 C.F.R. part 307.

announcement supersedes the EDAP FFO announcement dated April 29, 2014, and EDA’s current regulations on application procedures, evaluation criteria, and selection criteria, specifically 13 C.F.R. §§ 301.7(a), 301.8, and 301.9(a)). EDA expects to update its regulations to reflect these changes in the near future. EDA’s regulations are accessible on EDA’s website at www.eda.gov.

II. Award information

A. What funding is available under this announcement?

In FY 2015, the Consolidated and Further Continuing Appropriations Act, 2015 (P.L.

113-235) (The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015

[division B of P.L. 113-235]) appropriated $99 million for the Public Works program and $35 million for Economic Adjustment Assistance program.

The funding periods and funding amounts referenced in this notice are subject to the availability of funds at the time of award, as well as to DOC and EDA priorities at the time of award. Neither DOC nor EDA will be held responsible for application preparation costs.

Publication of this announcement does not obligate DOC or EDA to award any specific grant or cooperative agreement or to obligate all or any part of available funds. Applications for renewal or supplementation of additional projects may compete with applications for new awards. The average award amounts set out below are provided only for your information and may prove useful for planning purposes. Actual amounts awarded may be higher or lower depending on the nature of the funded project and the availability of funds.

The average size of a Public Works investment has been approximately $1.4 million, and investments range from $200,000 to $3,000,000. Historically, EDA has awarded funds for between 80 and 150 Public Works projects a year.

The average size of an EAA investment has been approximately $820,000, and investments range from $100,000 to $1,250,000. Historically, EDA has awarded funds for between 70 and 140 EAA projects a year.

B. What type of funding instrument will be used to make awards and how long will project periods be?

Subject to the availability of funds, EDA may award grants or cooperative agreements to eligible applicants to help support economic development activities. Project periods are dependent on the type of project, scope of work, and the EDA program under which the grant or cooperative agreement for the project is awarded. For example, the project period for a construction investment under EDA’s Public Works program may last for three years, while a strategy investment under EDA’s EAA program may allow for one to three years for completion of the scope of work, depending on its complexity or urgency. EDA expects that all projects will proceed efficiently and expeditiously, and EDA encourages applicants to clearly document how quickly the applicant will be able to start and complete the proposed work.

III. Eligibility Information

A. Eligible Applicants

Pursuant to PWEDA, eligible applicants for and eligible recipients of EDA investment assistance under this FFO include a(n):

1. District Organization;

2. Indian Tribe or a consortium of Indian Tribes;

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

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

or

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

EDA is not authorized to provide grants or cooperative agreements to individuals or for-profit entities under PWEDA, and such requests will not be considered for funding.

B. EDA Economic Distress Criteria

In order to be eligible for funding under this FFO, an applicant must propose a project located in a Region that meets EDA’s distress criteria as of the date EDA receives the application. Applicants must provide third-party data that clearly indicates that the relevant

Region is subject to one (or more) of the following economic distress criteria: (i) an unemployment rate that is, for the most recent 24-month period for which data are available, at least one percentage point greater than the national average unemployment rate; (ii) per capita income that is, for the most recent period for which data are available, 80 percent or less of the national average per capita income; or (iii) a “Special Need,” as determined by EDA.

EDA will review and evaluate documentation submitted by the applicant to determine eligibility. EDA will reject any documentation of eligibility that the agency determines is inaccurate or incomplete, which may cause the application to be rejected. In cases where EDA receives an application six months or more before the time of award, EDA will re-evaluate the project to determine continued eligibility for investment assistance before making an award.

To determine eligibility, an applicant must define their Region in one of the following three ways:

a. The Region where the proposed project will be located;

b. If the proposed project is located in an Economic Development District that is located in a Region that doesn’t meet EDA’s economic distress criteria, the geographic area where substantial direct project-related benefits will occur; or

c. The geographic area of poverty or high unemployment where the proposed project will be located.

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

See section 301 of PWEDA (42 U.S.C. § 3161) and 13 C.F.R. § 301.3.

See also 13 C.F.R. § 301.3(a).

To determine eligibility, applicants must self-define the appropriate geographical area that constitutes their Region. For construction projects (including design and engineering) the project must be located within an eligible Region. For non-construction projects, the investment’s scope of work must primarily benefit an eligible Region and stakeholders from that eligible Region must be directly engaged. EDA suggests that applicants work closely with their Regional Office as they define an eligible project in their Region.

1. Unemployment Rate & Per Capita Income

For economic distress levels based on the unemployment rate or per capita income requirements, EDA will base its determination upon the most recent

American Community Survey (ACS) data published by the U.S. Census Bureau.

If recent ACS data are not available to determine project eligibility, EDA will base its decision on the most recent Federal data from other sources (e.g., data available from the U.S. Census Bureau and the Bureaus of Economic Analysis, Labor Statistics, and Indian Affairs). If no Federal data are available, an applicant must submit to EDA the most recent data available from the government of the

State in which the region is located (i.e., conducted by or at the direction of the

State government).

2. “Special Need” Criteria

For the purposes of determining eligibility based on a “Special Need”, an applicant must provide current and appropriate economic and demographic statistics for the applicable Region to support the identified “Special Need.” EDA will base its determination of eligibility for “Special Need” on whether the proposed project meets the specific requirements outlined below, or in cases where specific thresholds are not identified, on whether the data and information provided by the applicant presents a compelling case that the Region meets the

“Special Need” criteria, as defined by EDA.

A project may be eligible pursuant to a “Special Need” if the project is located in a Region that meets one or more of the criteria described below

a. Closure or restructuring of industries or the loss of a major employer essential to the Regional economy as defined by:

i. an actual closure or restructuring of a firm within the 12 months prior to application submission, resulting in sudden job losses and meeting the dislocation criteria in a.iii. below; or

See section 301 of PWEDA (42 U.S.C. § 3161) and 13 C.F.R. § 301.3.

The following criteria are published in accordance with 13 C.F.R. § 301.3(a)(l)(iii) and define what may constitute a "Special Need" (as defined in 13 C.F.R. § 300.3) sufficient to make a project eligible for Public Works or

Economic Adjustment investment assistance, as described in section III.B. of this announcement.

ii. a threat of closure that results from a public announcement of an impending closure or restructuring of a firm expected to occur within two years of application submission; AND

iii. such actual or threatened closure results in sudden job losses meeting the following dislocation criteria:

1. For Regions with a population of at least 100,000, the actual or threatened dislocation is 500 jobs, or one percent of the civilian labor force (CLF), whichever is less.

2. For Regions with a population up to 100,000, the actual or threatened dislocation is 200 jobs, or one percent of the CLF, whichever is less.

b. Substantial out-migration or population loss.

c. Underemployment, meaning employment of workers at less than full-time or at less skilled tasks than their training or abilities permit.

d. Military base closures or realignments, defense contractor reductions-in-force, or Department of Energy defense-related funding reductions.

i. A military base closure refers to a military base that was closed or is scheduled for closure, realignment, or growth pursuant to the base closure and realignment process or other Department of Defense (DOD) process. Unless further extended by the Assistant Secretary for

Economic Development, the Region is eligible from the date of DOD’s recommendation for closure, realignment, or growth until five years after the actual date of closing of the installation or five years after the announced realignment or growth actually occurs.

ii. A defense contractor reduction-in-force refers to a defense contractor(s) experiencing defense contract cancellations or reductions resulting from official DOD announcements that have aggregate value of at least $10 million per year. Actual dislocations must have occurred within one year of the date an application is submitted to EDA and threatened dislocations must be anticipated to occur within two years of application to EDA.

Defense contracts that expire in the normal course of business will not be considered to meet this criterion.

iii. A Department of Energy defense-related funding reduction refers to a

Department of Energy facility that has experienced or will experience a reduction of employment resulting from its defense mission change. The

Region is eligible from the date of the Department of Energy announcement of reductions until five years after the actual date of reduced operations at the installation.

e. Natural or other major disasters or emergencies. Unless further extended by the Assistant Secretary for Economic Development, a Region that has received one of the following disaster declarations is eligible and the applicant may apply for EDA assistance for a period of 18 months after the date of declaration:

i. A Presidentially Declared Disaster (declared under the Robert T. Stafford

Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C.

§ 5121 et seq.)); or

ii. A Federally declared disaster (pursuant to the Magnuson-Stevens Fishery

Conservation and Management Act, as amended (16 U.S.C. § 1861a(a));

the Consolidated Farm and Rural Development Act, as amended (7 U.S.C.

§ 1961); or the Small Business Act, as amended (Pub. L. No. 85-536, 15

U.S.C. § 631 et seq., 72 Stat. 384 (1958)).

f. Extraordinary depletion of natural resources or other impact attributable to a new or revised Federal regulation or policy that will have a significant impact on a community’s ability to prevent an extraordinary depletion of natural resources. For example, in the case of a Federal fishing regulation designed to promote and sustain a community and its fishery in the long-term, EDA could quickly help a coastal community respond to any short-term economic dislocations.

g. Communities undergoing transition of their economic base as a result of changing trade patterns, for example, an area certified as eligible by the

North American Development Bank (NADBank) Program or the Community

Adjustment and Investment Program (CAIP).

h. Designation of the project region as a “Promise Zone.” In order to receive consideration for this Special Need, applicants must submit a letter from the lead organization of a designated Promise Zone attesting to the contribution that the proposed activities would make, and supporting the application. A list of designated Promise Zones and lead organizations can be found at www.hud.gov/promisezones.

i. Other Special Need. The area is experiencing other special or extraordinary economic adjustment needs, as determined by the Assistant Secretary for

Economic Development.

C. Cost Sharing or Matching

Generally, the amount of an EDA award may not exceed 50 percent of the total cost of the project. Projects may receive an additional amount that may not exceed up to 30 percent of the total project cost, based on the relative needs of the Region in which the project will be located, as determined by EDA.

In general, EDA’s maximum investment rate (percent of the total project cost) is determined by the average per capita income or unemployment rate of the region in which the project is located, as outlined in Table 1 below:

See section 204(a) of PWEDA (42 U.S.C. § 3144) and 13 C.F.R. § 301.4(b)(1).

http://www.hud.gov/promisezones

TABLE 1

Projects located in regions in which:

Maximum allowable investment rates

(percentage of total project cost)

(A) The 24-month unemployment rate is at least 225% of the national average; or

(B) The per capita income is not more than 50% of the national average.

(C) The 24-month unemployment rate is at least 200% of the national average; or

(D) The per capita income is not more than 60% of the national average.

(E) The 24-month unemployment rate is at least 175% of the national average; or

(F) The per capita income is not more than 65% of the national average.

(G) The 24-month unemployment rate is at least

1 percentage point greater than the national average; or

(H) The per capita income is not more than 80% of the national average.

For projects subject to a Special Need, as outlined in section III.B.2 above, EDA will determine the maximum allowable investment rate, not to exceed 80 percent of the total project cost, based on the actual or threatened overall economic situation of the region in which the project is located.

In addition, the Secretary of Commerce has delegated to the Assistant Secretary for

Economic Development the discretion to establish a maximum EDA investment rate of up to 100 percent of the total project cost to a: (i) State (or political subdivision of a State) that the

Assistant Secretary for Economic Development determines has exhausted its effective taxing and borrowing capacity, or (ii) a non-profit organization that the Assistant Secretary for Economic

Development determines has exhausted its effective borrowing capacity.

Additionally, EDA’s regulations provide discretion to establish a maximum EDA investment rate of up to 100 percent for projects of Indian Tribes.

Potential applicants should contact the appropriate EDA regional office identified in section VIII. of this FFO to obtain additional information regarding these EDA investment rate determinations.

See sections 204(c)(l) and (2) of PWEDA (42 U.S.C. § 3144) and 13 C.F.R. § 301.4(b)(5).

See 13 C.F.R. § 301.4(b)(5).

In the application review process, EDA will consider the nature of the contribution (cash or in-kind) and the amount of the matching share funds. In-kind contributions may provide the required non-Federal share of the total project cost and can consist of contributions directly related to the proposed project, such as space, equipment, services, or forgiveness or assumptions of debt.

Funds from other Federal financial assistance awards may be considered matching share funds only if authorized by statute, which may be determined by EDA’s reasonable interpretation of the statute.

EDA will fairly evaluate all in-kind contributions, which must be eligible project costs and meet applicable Federal cost principles and uniform administrative requirements. The applicant must show that the matching share will: (i) be committed to the project for the project period, (ii) be available as needed, and (iii) not be conditioned or encumbered in any way that may preclude its use consistent with the requirements of EDA investment assistance.

Applicants are strongly encouraged to work with the appropriate EDA representative listed in section VIII. of this FFO to clarify publicly available information relating to the technical matter of determining how in-kind contributions can be utilized to satisfy the matching share requirement for their respective project concept and application.

IV. Application and Submission Information

A. How to Obtain an Application Package

An applicant may obtain the appropriate application package electronically at www.grants.gov (Grants.gov). Applicants may search for this funding opportunity on

Grants.gov using Funding Opportunity Number “EDAP2015”. All components of the appropriate application package may be accessed and downloaded (in a screen-fillable format) at http://www.grants.gov/applicants/apply_for_grants.jsp. The preferred electronic file format for attachments is Adobe portable document format (PDF); however, EDA will accept electronic files in Microsoft Word, WordPerfect, or Microsoft Excel. Applicants are advised that they must complete the registration process prior to submitting an application through Grants.gov;

however, please note that registration is not required for an applicant to access, view, or download the application package. Even though an applicant may be able to view and download an application, if the applicant has not correctly completed the Grants.gov registration process, the applicant will not be able to submit the application for EDA’s review. Alternatively, an applicant eligible for assistance under this announcement may request a paper application package by contacting the applicable EDA regional office listed under section VIII. of this FFO.

See section 204(b) of PWEDA (42 U.S.C. § 3144).

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

See 13 C.F.R. § 301.5.

http://www.grants.gov/applicants/apply_for_grants.jsp

B. Content and Form of Application Submission

1. What is required for a complete application?

In order to be considered for funding, applicants must submit a complete application package that includes all required documents outlined in section a. below, as well as all required documents in either section b. or section c. below, depending on the type of project the applicant is proposing (construction or non-construction), by the applicable funding cycle deadline.

Applicants proposing both construction and non-construction elements should follow instructions for submitting a construction application. All documentation and data submitted as part of the application package should be current and applicable.

For applications submitted through Grants.gov, all application forms must be signed electronically by an Authorized Organizational Representative (AOR); please see section IX. of this FFO for information on AOR requirements. Paper applications must include original signatures of an authorized official of the applicant. Please refer to important information on submitting your application provided in section IV.D. of this FFO.

a. Applications for all types of EDA assistance must include the following documents:

i. One Form ED-900 (Application for Investment Assistance) (OMB

Control Number 0610-0094) and accompanying supporting documentation. One complete form per project is required. Please read the information in section IV.B.2. below carefully for important instructions on required topics that must be included in Form ED-900 and the related Project Narrative.

ii. One Form SF-424 (Application for Federal Assistance) (OMB Control

Number 4040-0004) from each co-applicant, as applicable.

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

iv. One Form SF-LLL (Disclosure of Lobbying Activities) (OMB Control

Number 0348-0046) from each co-applicant, as applicable.

v. Documentation confirming non-EDA (matching or cost share) funding, for example letters of commitment and other documentation, as necessary. For example, if bonds are contemplated as match, counsel opinion of the applicant’s bonding authority and eligibility of the bonds for use as match, along with full disclosure of the type of bonds and the schedule of the applicant’s intended bond issue, are required. Please contact the applicable EDA representative listed in section VIII. of this

In the event of discrepancies between the Form ED-900 (Application for Federal Assistance) and this FFO, the requirements for a complete application as stated in this FFO will prevail.

FFO with questions regarding this requirement. See also section A.9. of

Form ED-900.

vi. If the applicant or co-applicant is a non-profit, a copy of the (1) Certificate of good standing from the State in which the non-profit organization is incorporated; (2) non-profit organization’s current Articles of

Incorporation or other formation documents, as applicable; (3) By-Laws;

and (4) resolution (or letter) from a general purpose subdivision of State government acknowledging that the non-profit organization is acting in cooperation with officials of that political subdivision (see 13 C.F.R.

§ 301.2).

vii. Comments from the State Clearinghouse to comply with Executive

Order 12372, “Intergovernmental Review of Federal Programs,” if applicable. If the comment period has not expired or comments were not received, a copy of the applicant’s request for comments is sufficient;

however, in that instance, the final determination will be required prior to award. Detailed information on the State Clearinghouse process can be accessed at http://www.whitehouse.gov/omb/grants_spoc.

b. Applications for EDA construction assistance (including design and engineering assistance) must include the following documentation in addition to the documents outlined in section a. above:

i. One Form SF-424C (Budget Information-Construction Programs) (OMB

Control Number 4040-0008) per project.

ii. One Form SF-424D (Assurances-Construction Programs) (OMB Control

Number 4040-0009) from each co-applicant, as applicable.

iii. Maps of the project site (U.S. Geological Survey (USGS) map(s) and

Federal Emergency Management Agency (FEMA) floodplain map(s)) with project components and beneficiaries noted (see section A.2. of

Form ED-900), as applicable.

iv. Letters of commitment and assurances of compliance (Exhibit A to

Form ED-900) from beneficiaries of the proposed project identified in section B.5. of Form ED-900.

v. Comments from the metropolitan area review/clearinghouse agency, if applicable. If the comment period has not expired or comments were not received, a copy of the applicant’s request for comments is sufficient

(see section M.l. of Form ED-900); however, in that instance, the final determination will be required prior to award.

vi. A preliminary engineering report, the requirements for which are listed in section M.3. of Form ED-900; special formatting of the report is not required. For additional guidance on preparing a preliminary engineering report, please contact the applicable EDA representative listed in section VIII of this FFO.

http://www.whitehouse.gov/omb/grants_spoc

vii. An environmental narrative that will enable EDA to comply with its

National Environmental Policy Act (NEPA) responsibilities. An environmental narrative outline that details required components may be accessed on EDA’s website at http://www.eda.gov/files/012_Environmental_Narrative_Template.zip.

Please note that the environmental narrative required for a complete application does not need to include all applicable approvals at the time of submission. Applicants must include the Applicant’s Certification Clause to the environmental narrative signed by each co-applicant, as applicable.

viii. Copies of any existing correspondence with or sign-offs/approvals from other agencies with respect to the project, such as the U.S. Army

Corps of Engineers, the U.S. Fish and Wildlife Service, or the State or

Tribal Historic Preservation Officer, if applicable. Please note that an applicant will not be required to submit all required sign-offs/approvals by a funding cycle deadline for an application to be considered complete. If the application does not include sign-offs/approvals from appropriate agencies and EDA subsequently determines that these are required, the applicant will be required to obtain them before EDA will approve an award. For additional information about this requirement, please contact the applicable Regional Environmental Protection Specialist listed in section VIII. of this FFO.

ix. Copies of any other environmental studies that have already been completed for the project site, if available.

c. Applications for EDA non-construction assistance must also include the following documentation in addition to the documents outlined in section a.

above:

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

(OMB Control Number 4040-0006). One form per project is required.

ii. One Form SF-424 B (Assurances-Non-Construction Programs) (OMB

Control Number 4040-0007) from each co-applicant, as applicable.

iii. If the project is to support the capitalization of a Revolving Loan Fund

(RLF) or the re-capitalization of an existing RLF, the application must include an RLF Plan for the RLF’s financial management. See EDA’s regulation at 13 C.F.R. § 307.9 and section L of Form ED-900.

All but one (i.e., CD-511) of the forms listed above contains collections of information subject to the Paperwork Reduction Act (PRA) and approved by the Office of Management and

Budget (OMB). Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB Control Number.

http://www.eda.gov/files/012_Environmental_Narrative_Template.zip

2. Content of Form ED-900 and Instructions for Submitting a Complete

Application

This section provides detailed instructions on how to complete the Form ED-900, which is divided into lettered sections that correspond to the regulatory and application requirements for various EDA programs. Applicants must select the appropriate program on the first page of section A of the form; applicants are strongly advised to carefully select the appropriate box as the form will make different sections and exhibits available depending on whether the applicant indicates that they are applying for the Public Works or EAA program. Once the selection is made, the correct sections and exhibits required for a complete application under that program will automatically populate in the form.

Because of EDA’s funding cycle application process, some instructions contained in the

Form ED-900 are superseded by instructions set forth in this FFO. For example, while Form

ED-900 states that some items may be submitted at a later date if EDA selects the project for further consideration, this FFO supersedes the ED-900 and requires that all Form ED-900 required elements be submitted by the funding cycle deadline. An application that does not have all of the required Form ED-900 sections completed and supplemental documentation included may be considered incomplete. EDA, in its sole discretion, may accept an application that is missing non-substantive information if such errors can be easily rectified.

The following table details the sections and exhibits in Form ED-900 that the applicant must complete, as well as the required supporting documentation. Applicants for federal financial assistance are not required to submit “Name Check” form (Form CD-346). Please do not submit Form CD-346 as its use has been discontinued by DOC.

EDA Program Required Form ED-900 Sections

Public Works Complete Sections A, B, and M and Exhibits A, D, and E.

Economic Adjustment

Assistance

Complete Sections A, B, and K and Exhibit C. Also complete Sections M and Exhibits A, D, and E if the application has construction components and Section N if the application has only design/engineering requirements.

Complete Section E if the application has no construction components.

For Design and

Engineering Assistance under the Public Works or

Economic Adjustment

Assistance programs

Complete Sections A, B, M, and N and Exhibit C.

EDA Program Required Form ED-900 Sections

Revolving Loan Fund

Assistance under the

Economic Adjustment

Assistance program

Complete Sections A, B, E, K, and L and Exhibit C.

Applicants submitting proposals for construction investments should note that the expected outcomes--notably the anticipated job creation and private investment leveraging potential of an investment--provided in Section B of the Form ED-900 must be reasonable, justifiable, and based on the most current and accurate information available. Estimates must reflect the expected impact from the EDA portion of the investment, using a nine-year time horizon. If EDA determines during the review process that job and private investment estimates are inflated or unsubstantiated, those estimates will not be considered, and may impact EDA’s investment decision.

In general, EDA does not reimburse pre-award project costs. Applicants that are in need of such reimbursement should work closely with EDA regional office staff to determine if their pre-award costs may be considered for reimbursement. In order for contracted pre-award costs to be eligible for reimbursement, the applicant must competitively procure services pursuant to the Federal government’s procurement procedures.

All pre-award costs are incurred at an applicant’s own risk and will be considered for reimbursement, in EDA’s sole discretion, only if an applicant receives an award. Neither EDA nor DOC will be held responsible for application preparation expenditures, which are distinguishable from pre-award project costs.

3. Requirements for the Project Narrative

As outlined in section IV.B.1 of this FFO, all applicants must complete Form ED-900 as part of the application package in order to be considered for funding. Section A of Form ED-900 provides structured questions designed to assess the need and impact of a proposed project.

While Form ED-900 itself provides space for responses, the applicant may use a separate attachment referencing the questions in Form ED-900 if extra space is needed to provide complete responses.

Applicants are strongly encouraged to provide a high-quality narrative that includes a compelling justification for the project and articulates a clearly defined regional economic gap, how the proposed project will meet this need, and the expected outcome(s) that will result from the proposed project. This should be addressed in a concise manner; lengthy applications will not receive greater consideration.

EDA funding may not be used by the recipient to assist its efforts to induce the relocation of existing jobs within the U.S. that are located outside of its jurisdiction to within its jurisdiction in competition with other

U.S. jurisdictions for those same jobs. EDA’s non-relocation policy is discussed under section VI.E. of this FFO.

Procurement requirements for States and other non-Federal entities are set out at 2 C.F.R. §§ 200.317 – 200.326.

In all cases, the application must include a project narrative whether in the Form ED-900 or the supplemental attachments that includes the following:

a. Description of project region and project location: Applicants must clearly describe the Region where the project will be located, including the specific geographic location of the project within the Region, as well as a description of existing assets which may be used to support the project, which may include workforce, physical, educational and financial infrastructure and cluster-related industries.

b. Description of regional eligibility: Applicants must identify which distress criterion or criteria the project qualifies under, provide third-party data that clearly documents this claim, and clearly specify the geography and time period for which the data corresponds. For construction projects (including design and engineering) the project must be located within an eligible region. For non-construction projects, the investment’s scope of work must primarily benefit the eligible Region and stakeholders representing that Region must be directly engaged.

c. Clear description of proposed project: Applicants must clearly document the concrete activities that will be undertaken, and the specific…