EPA-OLEM-OBLR-23-10 - Final.pdf

OVERVIEW

AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA)

TITLE: FY24 GUIDELINES FOR TECHNICAL ASSISTANCE TO TRIBAL NATIONS

AND ENTITIES ADDRESSING BROWNFIELDS GRANT

ACTION: Request for Applications (RFA)

RFA NO.: EPA-OLEM-OBLR-23-10

ASSISTANCE LISTING NO.: 66.814

DATE: The closing date and time for receipt of applications is November 13, 2023, at 11:59

P.M. Eastern Time (ET). Applications must be submitted through www.grants.gov. Applications received after 11:59 p.m. ET on November 13, 2023, will not be considered. Please refer to the

Due Date and Submission Instructions in Section IV.B. and Appendix 1 for further instructions.

FUNDING/AWARDS: EPA anticipates awarding one cooperative agreement for $4 million, subject to the quality of applications received, availability of funds, and other applicable considerations.

Note - Prior to naming a contractor (including consultants) or subrecipient in your application as a “partner,” please carefully review Section IV.d., “Contracts and Subawards,” of EPA's

Announcement Clauses that are incorporated by reference in this announcement (See Section

I.E.). EPA expects recipients of funding to comply with competitive procurement contracting requirements as well as EPA’s rule on Participation by Disadvantaged Business Enterprises in

EPA Programs in 40 CFR Part 33. The Agency does not accept justifications for sole source contracts for services or products available in the commercial marketplace based on a contractor’s role in preparing an application or prior relationships with the contractor that were not established in compliance with competitive procurement requirements. Note that these competitive procurement requirements apply with equal force to contractual relationships established prior to or after the award of EPA funds.

https://www.grants.gov/ https://www.epa.gov/grants/epa-solicitation-clauses

CONTENTS BY SECTION

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

I.A. Description of Subject Areas for Technical Assistance I.B. Uses of Grant Funds I.C. EPA Strategic Plan Linkage I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes I.E. Additional Provisions for Applicants Incorporated into the Solicitation

SECTION II. – AWARD INFORMATION

II.A. What is the Amount of Available Funding?

II.B. How Many Agreements Will EPA Award in this Competition?

II.C. Will Applications be Partially Funded?

II.D. What is the Project Period for Award Resulting from this Solicitation?

II.E. Substantial Involvement

SECTION III. – APPLICANT ELIGIBILITY AND THRESHOLD CRITERIA

III.A. Who Can Apply?

III.B. Voluntary Cost Share/Leveraging

III.C. Threshold Eligibility Criteria

SECTION IV. – APPLICATION SUBMISSION INFORMATION

IV.A. How to Obtain an Application Package

IV.B. Due Date and Submission Instructions IV.C. Content and Form of Application Submission

IV.D. Narrative Information Sheet IV.E. Narrative/Ranking Criteria IV.F. Confidential Business Information

SECTION V. – NARRATIVE REVIEW INFORMATION

V.A. Evaluation Criteria V.B. Review and Selection Process

SECTION VI. – AWARD ADMINISTRATION INFORMATION

VI.A. Award Notices VI.B. Administrative and National Policy Requirements

VI.C. Reporting Requirements VI.D. Disputes

SECTION VII. - AGENCY CONTACT

Appendix 1 Grants.gov Application Submission Instructions A. Requirements to Submit Through Grants.gov and Limited Exception Procedures B. Submission Instructions

C. Technical Issues with Submission

D. Application Materials

SECTION I. – FUNDING OPPORTUNITY DESCRIPTION

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was amended by the Small Business Liability Relief and Brownfields Revitalization Act in 2002 to include Section 104(k)(7), which provides federal financial assistance authorities for brownfields revitalization, including grants for training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. The Brownfields

Utilization, Investment, and Local Development (BUILD) Act enacted in 2018 reauthorized

EPA’s Brownfields Program and made additional amendments to CERCLA that affect EPA’s brownfield grant authorities, and ownership and liability provisions. (Note: References to

CERCLA in this solicitation refer to CERCLA as amended by the 2002 Small Business Liability

Relief and Brownfields Revitalization Act and the 2018 BUILD Act.)

A brownfield site is defined in CERCLA § 101(39) as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land.

A critical part of EPA’s Brownfields and Land Revitalization Program is to ensure that residents living in communities historically affected by economic disinvestment, health disparities, and environmental contamination have an opportunity to benefit from brownfields redevelopment.

EPA’s Brownfields Program has a rich history rooted in environmental justice and is committed to helping communities revitalize brownfield properties, mitigate potential health risks, and restore economic vitality.

EPA expects that funding awarded will advance the Biden Administration’s Justice40 Initiative, which establishes the goal to deliver at least 40 percent of the overall benefits from key federal investments to disadvantaged communities.1

The EPA’s Brownfields Program is built upon four basic goals and principles – protecting the environment, partnering for success, stimulating the marketplace, and promoting sustainable reuse. EPA is committed to supporting research and technical assistance that will further the goals of the program and provide enhanced knowledge, tools, and processes to a broad range of

Tribal communities nationwide. This technical assistance is intended to benefit Tribal

1 Applicants should consider appropriate data, indices, and screening tools to determine whether a specific community is “disadvantaged” based on a combination of variables that may include, but are not limited to, the following: low income, high and/or persistent poverty; high unemployment and underemployment; racial and ethnic residential segregation, particularly where the segregation stems from discrimination by government entities;

linguistic isolation; high housing cost burden and substandard housing; distressed neighborhoods; high transportation cost burden and/or low transportation access; disproportionate environmental stressor burden and high cumulative impacts; limited water and sanitation access and affordability; disproportionate impacts from climate change; high energy cost burden and low energy access; jobs lost through the energy transition; and access to healthcare. Office of Management and Budget’s Interim Implementation Guidance for the Justice40 Initiative Memo

(July 20, 2021). www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf.

https://www.epa.gov/brownfields https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/ https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf communities that are eligible for funding under CERCLA § 104(k) or CERCLA § 128(a).2

Therefore, the following entities are eligible to receive technical assistance carried out under this grant: Federally recognized Indian Tribes, Alaska Native Villages, Alaska Native Regional

Corporations, Alaska Native Village Corporations, the Metlakatla Indian community, and

Intertribal Consortia.

To help Tribal Nations3 strengthen their capacity to carry out response activities associated with brownfields assessment and cleanup, Congress authorized State and Tribal Response grants in

2002. Since the passage of the Brownfields Law, EPA has funded over 100 Tribal Nations with

128(a) Grants.

For the purposes of these guidelines, the term “grant” refers to the cooperative agreement that

EPA will award to a successful applicant. Please refer to Section II.E. for a description of

EPA’s anticipated substantial involvement in the grants awarded under these guidelines.

I.A. Description of Subject Areas for Technical Assistance

The EPA’s Office of Brownfields and Land Revitalization (OBLR) is soliciting applications from eligible entities (see Section III.A. Who Can Apply? below) to provide technical assistance that directly benefits Tribal Nations and entities nationwide which are eligible for EPA

Brownfield Grants funded under CERCLA 104(k) and 128(a) to build sustainable brownfield programs and strengthen capacity to manage successful brownfields reuse. This technical assistance should also help increase a Tribal Nation’s capacity to establish, manage, and administer their CERCLA 128(a) response programs4 and conduct and oversee brownfield assessment and cleanup activities. Note, beneficiaries of this technical assistance do not include state-recognized Tribes and their affiliated nonprofit organizations.

Generally, Tribal Response Programs address brownfields on land within their jurisdiction, minimize the actual and perceived health risks associated with contamination from brownfield properties, and strengthen partnerships between Tribal Nations and entities, and governmental and non-governmental organizations engaged in brownfields redevelopment. EPA expects the cooperative agreement recipient will provide technical assistance directly to Tribal Nations and entities, and create deliverables that align with Tribal priorities and are appropriately “right-sized” based on local Tribal capacity and goals. EPA anticipates that the cooperative agreement recipient will assist Tribal Nations and entities in enhancing their brownfields programs and building capacity within the following areas:

2 There is a difference in Tribal eligibility under the CERCLA § 104(k) and CERCLA § 128(a). Alaska Native

Villages are Indian Tribes as defined in CERCLA § 101(36) and are eligible for funding under CERCLA § 128(a).

However, Indian Tribes in Alaska, with the exception of the Metlakatla Indian community, are not eligible entities to receive funding under CERCLA § 104(k)(1). Nonetheless, because Alaska Native Villages are eligible under

CERCLA § 128(a), they can be beneficiaries for technical assistance under this grant.

3 There are currently 574 Federally Recognized Tribes, and there are many names that these sovereign nations use to describe their culture, history, and geography, including Tribe, Village, Nation, Band, and Pueblo. For the purpose of this NOFO, the EPA Brownfields Program uses “Tribe” and “Tribal Nation” as all-encompassing terms.

4 Information on eligible activities and the four elements of the CERCLA 128(a) response program is available at https://www.epa.gov/brownfields/state-and-tribal-response-program-grants.

https://www.epa.gov/brownfields/state-and-tribal-response-program-grants

• Build partnerships to support reuse of Tribal lands (e.g., housing, recreation, finance, etc.);

• Build Tribal expertise for safely reusing brownfield sites through outreach, training and coaching;

• Connect Tribal members with experienced Tribal environmental response professionals who have experience in brownfields assessment, cleanup and reuse;

• Facilitate meetings between Tribal members, developers, lenders, and others involved in the cleanup and reuse of brownfield properties; and

• Facilitate brownfield reuse efforts by supporting Tribal community and other stakeholder involvement activities including development of fact sheets and other outreach materials.

Under CERCLA § 104(k)(7), the EPA is authorized to provide financial assistance that facilitates

“the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation.” The following are general subject areas for which the EPA will fund brownfields technical assistance to support communities. Applications must clearly describe how the applicant will provide technical assistance in each of the five general subject areas described below. Applicants may also propose activities/approaches that would supplement or enhance the activities the EPA has described below. Any supplemental activities described should be in addition to (not in replace of) the five subject areas below and must be an eligible activity described in CERCLA § 104(k)(7).

1. Facilitate Storytelling and Promote Collaboration About Brownfields Reuse

Activities supporting this subject area should demonstrate and highlight new approaches for storytelling, meaningful involvement, including youth engagement in brownfield site program activities. Activities should help build case studies and help Tribal Nations and entities share success stories through a variety of formats. Activities for this subject area can include, but are not limited to, working with Tribal Nations and entities to host workshops/webinars and finding an effective means to connect Tribal Nations and entities together and create networking venues, attending and presenting at national conferences, including the Tribal Lands and Environmental Forum and regional conferences, or hosting a peer-to-peer network.

2. Assist Tribal Nations and Entities in Understanding and Building Tribal Response

Programs

Technical assistance supporting this subject area should address how to support Tribal

Nations in meeting the four statutory criteria outlined in CERCLA § 128(a)(2). These four elements are: 1) timely survey and inventory of brownfield sites in state or Tribal land, 2) oversight and enforcement authorities, or other mechanisms and resources, 3) mechanisms and resources to provide meaningful opportunities for public participation, and 4) mechanisms for approval of a cleanup plan and verification and certification that cleanup is complete. Technical assistance should be provided to support Tribal Nations, with demonstrating the benefits of having a Tribal Response Program, and how demonstrating benefits can build support for the program. Activities that can support this technical assistance can include, but are not limited to, helping Tribal Nations to develop success stories to demonstrate the importance of their programs, website support, mapping tools to help create inventories, providing guidance to develop codes, ordinances, land use restrictions and other land controls, developing standard operating procedures (SOPs) to support program succession-planning, and other mechanisms to develop cleanup standards.

Other activities supporting this subject area include developing individualized technical assistance to existing and new grant recipients to help them develop their Tribal Response

Programs.

3. Science and Technology Relating to Brownfields Assessment, Remediation, and Site

Preparation for Safe and Resilient Reuse

Technical assistance in this subject area should focus on various aspects of brownfields assessment, cleanup, and subsequent redevelopment on Tribal lands, including assessment and inventory methods, site mapping, site prioritization, development of a site prioritization scheme/methodology, sampling and cleanup methods, institutional controls and long-term stewardship to ensure long-term protection of human health and the environment, and risk assessment methods and policies. Technical assistance can also focus on reviewing and explaining technical reports (such as those related to site sampling, site assessment, and federal regulations); providing information about basic science, environmental policy, and other technical matters; and helping Tribal Nations and entities understand health risks associated with a brownfield site. Technical assistance can also focus on helping Tribal

Nations and entities draft requests for proposals (RFP) to help facilitate receiving quality bids when competing contracts or in assisting them in evaluating the responses to RFPs related to brownfield projects.

Note: As part of science, technology and risk assessment subject area, applicants should note the unique and varying challenges to Tribal Nations and entities and assist them in identifying opportunities for new revitalization approaches.

4. Integrated Approaches to Brownfields Cleanup and Reuse

Technical assistance in this subject area should address linkages between environmental, economic, cultural, and social issues, at brownfield sites including such things as: green revitalization, cleanup and redevelopment, port and waterfront utilization, energy issues, air and water quality issues, leveraging partner agency resources, sustainable development climate impacts, floodplain mitigation, green building design approaches, preserving sites that have cultural significance, and quality of life related to social issues such as equitable development, affordable housing and environmental justice. Technical assistance outputs should empower Tribal Nations and entities to pursue brownfield site planning, cleanup, and reuse and increase coordination among such efforts including prevention of future brownfield sites. Technical assistance should also focus on providing information to assist the Tribal

Nation or entity to better understand environmental issues and how these issues affect brownfield cleanup and redevelopment.

5. Brownfields Finance and Planning Strategies for Tribal Nations and Entities

Technical assistance in this area should address finance and quality of life associated with brownfields cleanup and reuse such as facilitating visioning and reuse sessions and assisting

Tribal Nations and entities in finding other funding sources that facilitate cleanup and reuse of brownfield sites. Technical assistance can also facilitate meetings between the Tribal community, developers, lenders, and others involved in the cleanup and reuse of brownfields properties. Activities may increase Tribal communities’ knowledge base of the range of financial and grant resources available or provide assistance as Tribal Nations and entities develop documents necessary to obtain additional funding for brownfield activities.

Applicants should note, however, that general fundraising costs are unallowable under

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Awards. Note, the cooperative agreement will include a term and condition for the technical assistance provider to coordinate with other Federal technical assistance providers, such as

Technical Assistance to Brownfields Communities, EJ Thriving Communities Technical

Assistance Centers (TCTACs), and Environmental Finance Centers. In addition, applicants should provide methods for referral for appropriate technical assistance needs, and outline plans for continuity of support.

The EPA urges applicants to review the Frequently Asked Questions (FAQs) which can be found at FY 2024 Frequently Asked Questions About Technical Assistance To Tribal Nations And

Entities Addressing Brownfields Grant.5

I.B. Uses of Grant Funds

Eligible uses of grant funds include direct costs necessary to provide brownfields research and technical assistance identified in the approved workplan. This includes eligible programmatic costs necessary to perform the project, such as: costs for personnel, technical experts, materials, supplies, room rentals, travel, and transportation expenses for recipient personnel and program beneficiaries.

Eligible uses of grant funds also include costs associated with eligible participant support costs, including for:

• Reasonable stipends to compensate beneficiaries for participating in technical assistance events. Note that stipends may only be paid for actual time spent at the technical assistance events and must not duplicate training support provided through other Federal, state, Tribal or local programs.

• Reasonable child-care subsidies. Note that child-care subsidies must not duplicate child-care support provided through other Federal, state, Tribal or local programs.

5 The Frequently Asked Questions are available at https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-tribal-nations-and.

https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-tribal-nations-and https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-tribal-nations-and https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-tribal-nations-and https://www.epa.gov/brownfields/fy-2024-frequently-asked-questions-about-technical-assistance-tribal-nations-and

• Transportation for beneficiaries to and from technical assistance events in the form of partial or full stipends or other allowable direct costs are allowable only if the program participant cannot charge the cost to an existing EPA Grant.

Eligible uses of grant funds also include allowable advisory council costs, including reasonable stipends to compensate beneficiaries for participating in an advisory council.6 Note that stipends may only be paid for actual time spent participating on the advisory council and must not duplicate support provided through other Federal, state, Tribal or local programs.

Note, the scope of work and related budget narrative must describe the advisory council’s membership, functions, and costs and explain why the advisory council is necessary to carry out the EPA funded project. Refer to Guidance on Selected Items of Cost for Recipients for information on costs for recipients.

Funds cannot be used for the payment of:

1. Conducting site assessments or cleanups;

2. Construction and land acquisition;

3. Foreign travel;

4. Direct costs for Federal, state or private grant application preparation with the exception of incidental use of data or guidance materials by grant applicants;

5. Writing or reviewing grant applications;

6. A penalty or fine;

7. A federal cost share requirement (for example, a cost share required by other federal funds);

8. Administrative costs, including all indirect costs and direct costs for cooperative agreement administration, in excess of five (5) percent of the total amount of EPA cooperative agreement funding, with the exception of financial and performance reporting costs (which are considered allowable programmatic costs and not subject to the 5% limitation);

9. A cost of compliance with any federal law, excluding the cost of compliance with laws applicable to environmental cleanup; or

10. Unallowable costs (e.g., lobbying) under 2 CFR Part 200, Subpart E.

Administrative Costs

Under CERCLA § 104(k)(5)(B), cooperative agreement recipients (CARs) and subrecipients may use up to 5% of the amount of federal funding for this cooperative agreement for administrative costs, including indirect costs under 2 CFR § 200.414. As required by 2 CFR §

200.403(d), the CAR and subrecipients must classify administrative costs as direct or indirect consistently and may not classify the same types of cost in both categories. Eligible cooperative agreement and subaward administrative costs subject to the 5% limitation include direct costs for:

6 EPA interprets the term “advisory council” to include groups of individuals who are not employees of the recipient that provide strategic and policy advice to the organization.

https://www.epa.gov/sites/default/files/2018-05/documents/recipient_guidance_selected_items_of_cost_final.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRd93f2a98b1f6455/section-200.414 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRea20080eff2ea53/section-200.403#p-200.403(d) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRea20080eff2ea53/section-200.403#p-200.403(d)

a. Costs incurred to comply with the following provisions of the Uniform Administrative

Requirements for Cost Principles and Audit Requirements for Federal Awards at 2 CFR

Parts 200 and 1500 other than those identified as programmatic.

i) Preparing revisions and changes in the budgets, scopes of work, program plans, and other activities required under 2 CFR § 200.308;

ii) Maintaining and operating financial management systems required under 2 CFR §

200.302;

iii) Preparing payment requests and handling payments under 2 CFR § 200.305;

iv) Financial reporting under 2 CFR § 200.327;

v) Non-federal audits required under 2 CFR Part 200, Subpart F; and

b. Closeout under 2 CFR § 200.343 with the exception of preparing the recipient’s final performance report. Costs for preparing this report are programmatic and are not subject to the 5% limitation on direct administrative costs.

I.C. EPA Strategic Plan Linkage

The activities to be funded under this announcement support the EPA’s FY 2022-2026 Strategic

Plan.7 Awards made under this announcement will support Goal 6 - Safeguard and Revitalize

Communities, Objective 6.1 - Clean Up and Restore Land for Productive Uses and Healthy

Communities of the EPA’s Strategic Plan. All applications must be for projects that support this goal and objective.

I.D. Measuring Environmental Results: Anticipated Outputs/Outcomes

EPA requires that applicants adequately describe environmental outputs (performance measures) and outcomes to be achieved under assistance agreements.8 Applicants must include specific statements describing the environmental results of the proposed project in terms of well-defined outputs and, to the maximum extent practicable, well-defined outcomes that will demonstrate how the project will contribute to the Agency’s strategic plan goal and objective described above in Section I.C.

Applicants are required to describe, in their responses to the ranking criteria in Section IV.E., how funding will help EPA achieve environmental outputs and outcomes. Outputs and outcomes specific to each project will be identified as deliverables in the negotiated workplan if the application is selected for award. The recipient will be expected to report progress toward the attainment of expected project outputs and outcomes during the project performance period.

Outputs and outcomes are defined as follows:

a. Outputs

The term “outputs” refers to an environmental activity, effort and/or associated work product related to an environmental goal or objective that will be produced or provided over a period of time or by a specified date. Outputs may be quantitative or qualitative

7 EPA’s Strategic Plan is available at https://www.epa.gov/planandbudget/strategicplan.

8 EPA Order 5700.7, EPA’s Policy for Environmental Results under EPA Assistance Agreements is available at www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.308 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.302 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.305 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.327 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR86b76dde0e1e9dc/section-200.343 https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf https://www.epa.gov/planandbudget/strategicplan https://www.epa.gov/planandbudget/strategicplan http://www.epa.gov/grants/epa-order-57007a1-epas-policy-environmental-results-under-epa-assistance-agreements but must be measurable during the project period. The expected outputs for the grants awarded under these guidelines may include but are not limited to:

a. The number of Tribal Nations or entities and projects receiving technical assistance;

b. The number of Tribal Response Programs supported; and

c. The number of technical assistance workshops and webinars.

b. Outcomes

The term “outcomes” refers to the result, effect, or consequence that will occur from carrying out the activities under the grant. Outcomes may be environmental, behavioral, health-related, or programmatic; must be qualitative or quantitative, and may not necessarily be achievable during the project period. EPA anticipates outcomes from cooperative agreements expected to be awarded under this announcement will include, but not be limited to, increasing the capacity of entities to assess, cleanup, and safely reuse brownfields by:

a. increased capacity to establish and/or enhance their Tribal Response Program;

b. increased capacity to assess, cleanup and bring about sustainable reuse of brownfields properties;

c. better informed and equipped to effectively address and be involved in brownfields activities;

d. improved Tribal community involvement, communication, and developing new partnerships among differing groups, as well as leveraging necessary funding; and

e. enabling Tribal Nations and entities to stimulate economic, social, and other beneficial reuses of brownfield sites in order to improve environmental conditions and human health.

I.E. Additional Provisions for Applicants Incorporated into the Solicitation

Additional provisions that apply to Sections III., IV., V., and VI. of this solicitation and/or awards made under this solicitation, can be found in EPA’s Solicitation Clauses. These provisions are important for applying to this solicitation and applicants must review them when preparing applications. If you are unable to access these provisions electronically at the website above, please contact the Regional Brownfields Contact listed in Section VII. to obtain the provisions.

SECTION II. – AWARD INFORMATION

II.A. What is the Amount of Available Funding?

The total estimated funding available under this competitive opportunity is $4,000,000, subject to the availability of funds, quality of applications, and other applicable considerations. The EPA anticipates awarding one cooperative agreement. The agreement will be incrementally funded with additional funds being added to each subsequent year of the agreement, subject to satisfactory performance, the availability of funds and other applicable considerations.

EPA reserves the right to make additional awards under this competition, consistent with EPA policy and guidance, if additional funding becomes available. Any additional selections for awards will be made no later than six months from the date of original selection decisions. EPA reserves the right to not fund any applications under this competition or fund applications for some topics and not others. There is no guarantee that each topic will be funded.

II.B. How Many Agreements Will EPA Award in this Competition?

EPA anticipates selecting one (1) recipient under this competitive opportunity for a cooperative agreement.

EPA reserves the right to reject all applications and make no awards under this announcement.

II.C. Will Applications be Partially Funded?

In appropriate circumstances, EPA reserves the right to partially fund applications by funding discrete activities, portions, or phases of proposed projects. To maintain the integrity of the competition and selection process, should EPA decide to partially fund an application, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, or portion thereof, was evaluated and selected for award.

II.D. What is the Project Period for Award Resulting from this Solicitation?

The anticipated project period for this cooperative agreement is five years. The EPA expects the recipient to complete all deliverables under their award during the fifth year of their project and allow time for reporting accomplishments data and disseminating final reports as applicable.

II.E. Substantial Involvement

This Brownfield Grant will be awarded in the form of a cooperative agreement. A cooperative agreement requires the EPA Project Officer to be substantially involved in overseeing the work performed by the selected recipient. Although EPA will negotiate precise terms and conditions related to substantial involvement as part of the award process, the anticipated substantial federal involvement for this project may include, but is not limited to:

• Close monitoring of the recipient’s performance to verify compliance with the EPA-approved workplan and achievement of results.

• Collaborating during the performance of the scope of work including participation in project activities, to the extent permissible under EPA policies. Examples of collaboration include:

o Consultation between EPA staff and the recipient on effective methods of carrying out the scope of work provided the recipient makes the final decision on how to perform authorized activities.

o Advice from EPA staff on how to access publicly available information on EPA or other federal agency websites.

o Support from EPA on integrating Tribal technical assistance under this grant with other Federal technical assistance providers, such as Technical Assistance to

Brownfields Communities, EJ Thriving Communities Technical Assistance

Centers (TCTACs), Environmental Finance Centers, and more.

o With the consent of the recipient, EPA staff may provide technical advice to the recipient’s contractors or subrecipients provided the recipient approves any expenditures of funds necessary to follow advice from EPA staff. The recipient remains accountable for performing contract and subaward management as specified in 2 CFR § 200.318 and 2 CFR § 200.332 as well as the terms of the

EPA cooperative agreement.

o EPA staff participation in meetings, webinars, and similar events upon the request of the recipient or in connection with a co-sponsorship agreement.

• Reviewing proposed procurement in accordance with 2 CFR § 200.325, as well as the substantive terms of proposed contracts or subawards as appropriate. This may include reviewing requests for proposals, invitations for bid, scopes of work and/or plans and specifications for contracts over $250,000 prior to advertising for bids.

• Reviewing qualifications of key personnel. (EPA does not have the authority to select employees or contractors, including consultants, employed by the award recipient.)

• Reviewing and commenting on performance reports prepared under the cooperative agreement to ensure all costs incurred by the recipient and/or its contractor(s) if needed to ensure appropriate expenditure of grant funds. (The final decision on the content of reports rests with the recipient.)

• Reviewing outputs and outcomes to ensure substantial progress is made in accordance with the cooperative agreement terms and conditions.

• Participation in periodic telephone conference calls to share ideas, project successes and challenges, etc., with EPA.

SECTION III. – APPLICANT ELIGIBILITY AND THRESHOLD CRITERIA

Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

III.A. Who Can Apply?

The following information indicates which entities are eligible to apply for this cooperative agreement:

• Intertribal Consortia, comprised of eligible Indian Tribes other than in Alaska, Alaska

Native Regional Corporations, Alaska Native Village Corporations, or the Metlakatla

Indian community, are eligible for funding in accordance with EPA’s policy for funding intertribal consortia published in the Federal Register on November 4, 2002, at 67 Fed.

Reg. 67181.

• Nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal

Revenue Code.

• Limited liability corporation in which all managing members are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations.

https://www.ecfr.gov/cgi-bin/text-idx?SID=34183e930e741a04ff06debe9d858069&mc=true&node=se2.1.200_1318&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=fad22b17b4bd4c04ee1eafc308099edd&mc=true&node=se2.1.200_1332&rgn=div8 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.325

• Limited liability partnership in which all general partners are 501(c)(3) nonprofit organizations or limited liability corporations whose sole members are 501(c)(3) nonprofit organizations.

• Other Nonprofit organizations. (For purposes of the Brownfields Grant Program, the term

“nonprofit organization,” consistent with the definition of Nonprofit organization at 2

CFR § 200.1 means any corporation, trust, association, cooperative, or other organization that is operated mainly for scientific, educational, service, charitable, or similar purpose in the public interest; is not organized primarily for profit; and uses net proceeds to maintain, improve, or expand the operation of the organization. The term includes nonprofit colleges, universities, and other educational institutions.)

Note, individual entities, for-profit organizations, and nonprofit organizations exempt from taxation under Section 501(c)(4) of the Internal Revenue Code that lobby are not eligible to receive Brownfields cooperative agreements.

III.B. Voluntary Cost Share/Leveraging

Matching funds are not required under this competition. Although cost-sharing or matching is not required as a condition of eligibility under this competition announcement, EPA will evaluate responses to the Leveraging criterion (Section IV.E.). Leveraging is generally when an applicant proposes to provide its own additional funds/resources or those from third-party sources (including another federal grant) to support or complement the project awarded under the competition that are above and beyond the EPA cooperative agreement funds awarded. Any leveraged funds/resources, and their source, must be identified in the application. Leveraged funds and resources may take various forms as noted below.

Voluntary cost share is a form of leveraging. Voluntary cost sharing is when an applicant voluntarily proposes to legally commit to providing costs or contributions to support the project when a cost share is not required. Applicants who propose to use a voluntary cost share must include the costs or contributions for the voluntary cost share in the project budget on the

SF-424. If an applicant proposes a voluntary cost share, the following apply:

• A voluntary cost share is subject to the match provisions in the cooperative agreement regulations (2 CFR § 200.306, as applicable).

• A voluntary cost share may only be met with eligible and allowable costs.

• The recipient may not use other sources of federal funds to meet a voluntary cost share unless the statute authorizing the other federal funding provides that the federal funds may be used to meet a cost share requirement on a federal cooperative agreement.

• The recipient is legally obligated to meet any proposed voluntary cost share that is included in the approved project budget. If the proposed voluntary cost share does not materialize during cooperative agreement performance, then EPA may reconsider the legitimacy of the award and/or take other appropriate action as authorized by 2 CFR §

200.338.

Other leveraged funding/resources that are not identified as a voluntary cost share. This form of leveraging may be met by obtaining and dedicating funding from another federal https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.306 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.338 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR4acc10e7e3b676f/section-200.338 cooperative agreement, from an applicant's own resources, or resources from other third-party sources. This form of leveraging should not be included in the budget and the costs need not be eligible and allowable project costs under the EPA assistance agreement. While this form of leveraging should not be included in the budget, the cooperative agreement workplan should include a statement indicating that the applicant is expected to produce the proposed leveraging consistent with the terms of the announcement and the applicant's application. If applicants propose to provide this form of leveraging, EPA expects them to make the effort to secure the leveraged resources described in their applications. If the proposed leveraging does not materialize during cooperative agreement performance, then EPA may reconsider the legitimacy of the award and/or take other appropriate action as authorized by 2 CFR Parts 200 and 1500 as applicable.

III.C. Threshold Eligibility Criteria

This section contains the threshold eligibility criteria that ensure applicants are eligible to receive a cooperative agreement under this competition. Threshold criteria are evaluated on a pass/fail basis and are based on certain requests for information identified below. Only those applications that specifically address and pass each of the threshold criteria listed below will be evaluated against the ranking criteria in Section V.A. of this announcement.

If an application is submitted that includes any ineligible tasks or activities, that portion of the application will be ineligible for funding and may, depending on the extent to which it affects the application, render the entire application ineligible for funding.

Applicants deemed ineligible for funding consideration as a result of failing the threshold eligibility review will be notified within 15 calendar days of the ineligibility determination.

EPA staff will respond to questions regarding threshold eligibility criteria, administrative issues related to the submission of the application, and requests for clarification about this announcement. For purposes of the threshold eligibility review, an EPA Brownfields Program representative, if necessary, may seek clarification of applicant information that is included in the application and/or consider information from other sources, including EPA files. Such communications shall not be used to correct application deficiencies or material omissions, materially alter the application or project proposed, or discuss changes to the applicant’s responses to any evaluation or selection criteria.

The applicant’s responses to the threshold criteria must be included as an attachment and submitted to EPA or the application will be rejected.

The threshold criteria are as follows:

1. Applicants must be eligible entities. From the list of eligible entities in Section III.A., Who Can Apply?, indicate your applicant type.

• Eligible nonprofit entities must attach documentation/evidence of nonprofit status under Federal, state, or Tribal law, as applicable.

• Intertribal consortia must attach documentation that they meet the requirements in 40

CFR 35.504(a) and (c). All members of the Intertribal consortium must authorize submission of an application to provide nationwide technical assistance.

2. Applicants must clearly describe approaches/activities to address all five of the proposed subject areas as described in Section I.A. Description of Subject Areas for Technical

Assistance, of this announcement. Responses to this threshold criterion must be included in the Narrative.

3. EPA does not require or encourage applicants to procure contractors (including consultants) before the EPA cooperative agreement is awarded, but applicants may choose to do so.

Applicants that have procured a contractor(s) where the amount of the contract will be more than the micro-purchase threshold in 2 CFR § 200.320(a)(1) ($10,000 for most applicants) must demonstrate how the contractor (including consultants) was selected in compliance with the fair and open competition requirements in 2 CFR Part 200 and 2

CFR Part 1500.9 EPA provides guidance on complying with the competition requirements in the Best Practice Guide for Procuring Services, Supplies, and Equipment

Under EPA Assistance Agreements10 and the Brownfields Grants: Guidance of

Competitively Procuring a Contractor.11 For example:

- EPA will not accept sole source justifications for procurement contracts for services such as environmental consulting, engineering, and remediation that are available in the commercial marketplace.

- Firms or individual consultants that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements as provided in 2 CFR § 200.319(b).

- Consistent with 2 CFR § 200.320(b)(2)(iii), for contracts over $250,000, price must be an evaluation factor in the review of proposals or quotes.

Applicants must disclose whether they have already selected a contractor that will be compensated with EPA funds made available under this announcement. If a contractor(s) has been selected prior to submitting the application to EPA (including when a contractor(s) has been selected under a “dual procurement process” for both grant proposal writing and services necessary to help you carry out the grant), applicants must describe:

9 Consistent with 2 CFR § 200.317, states follow the same competitive policies and procedures they use for procurements from their non-Federal funds.

10 EPA’s Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements is available at www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements.

11 EPA’s Brownfields Grants: Guidance of Competitively Procuring a Contractor is available at https://www.epa.gov/system/files/documents/2023-

04/BF%20Guidance%20on%20Competitively%20Procuring%20a%20Contractor%204-25-23-508compliant.pdf.

https://www.ecfr.gov/cgi-bin/text-idx?SID=df09f9a34de3d57ed84cae3012b80255&mc=true&node=se2.1.200_1320&rgn=div8 https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements https://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements https://www.epa.gov/system/files/documents/2023-04/BF%20Guidance%20on%20Competitively%20Procuring%20a%20Contractor%204-25-23-508compliant.pdf https://www.epa.gov/system/files/documents/2023-04/BF%20Guidance%20on%20Competitively%20Procuring%20a%20Contractor%204-25-23-508compliant.pdf https://www.ecfr.gov/cgi-bin/text-idx?SID=e45d2457d8430f61b740da1f8449be00&mc=true&node=se2.1.200_1319&rgn=div8 http://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements http://www.epa.gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance-agreements https://www.epa.gov/system/files/documents/2023-04/BF%20Guidance%20on%20Competitively%20Procuring%20a%20Contractor%204-25-23-508compliant.pdf https://www.epa.gov/system/files/documents/2023-04/BF%20Guidance%20on%20Competitively%20Procuring%20a%20Contractor%204-25-23-508compliant.pdf

- the procurement procedures that were followed to hire the contractor(s) and include information on where and when the Request for Proposals/Request for

Qualifications was posted;

- the length of time the RFP/RFQ was advertised;

- the number of firms solicited and the number of offers received and considered;

and

- the name(s) of the firm(s) the applicant entered into contract with.

Note, regardless of whether the solicitation is issued as a Request for Proposals or a

Request for Qualifications, price reasonableness for the grant implementation work must be a selection factor in the evaluation of proposals or quotes. See the

Brownfields Grants: Guidance of Competitively Procuring a Contractor for additional guidance.

Provide a copy of (or link to) the solicitation documents and the signed executed contract.

Alternatively, state ‘n/a’ or ‘not applicable’ if a contractor has not been procured.

Successful applicants that procure a contractor(s) after being advised by EPA of selection, but prior to award, must describe how they complied with the procurement procedures described above when submitting the final workplan for the award.

Recipients of EPA funding who select a contractor(s) after award must fully comply with the procurement standards at 2 CFR Part 200, 2 CFR Part 1500, and 40 CFR Part 33.

Failure to provide the requested information will result in rejection of the application. EPA staff may contact the applicant to clarify issues or obtain additional information before making a final eligibility determination. If EPA determines that the process you completed to select a contractor was not compliant with the federal regulations in 2 CFR Part 200 and 2 CFR Part 1500 and your application is selected for funding, you will need to prepare and issue a new RFP/RFQ that is compliant with federal procurement regulations. Additionally, EPA may review the new RFP/RFQ and selection process to ensure compliance with fair and open competition requirements.

4. Applications must substantially conform to the outline and content detailed in Section

IV.C., Content and Form of Application, of this announcement or they will be rejected.

Pages in excess of the page limitations expressed in Section IV.C., Content and Form of

Application, will not be reviewed.

5. Applications must be submitted through Grants.gov as stated in Section IV. of this solicitation (except in the limited circumstances where another mode of submission is specifically allowed for as explained in Section IV.) on or before the application submission deadline published in Section IV. of this solicitation. Applicants are responsible for following the submission instructions in Section IV. of this solicitation to ensure that their application is timely submitted.

https://www.epa.gov/system/files/documents/2023-04/BF%20Guidance%20on%20Competitively%20Procuring%20a%20Contractor%204-25-23-508compliant.pdf

6. Applications submitted outside of…