FINAL - 2018 One Call NOFO - 062018.pdf

Notice of Funding Opportunity

Pipeline Safety State One-Call Grant

Fiscal Year 2018

NOFO Posted Date: June 20, 2018 Application Due Date: July 20, 2018

Applicant must be registered at www.grants.gov to apply for the grant. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays in submission. Additionally, applicants must maintain a valid Dun and Bradstreet Universal Numbering System (DUNS) number and an active registration in the System for Award Management (SAM) at www.SAM.gov.

Catalog of Federal Domestic Assistance Number (CFDA)

20.721 State One-Call Grants

PHMSA Notice of Funding Opportunity Number

DOT-PH-PHP-18-OC

U.S. Department of Transportation

Pipeline and Hazardous Materials Safety Administration

(PHMSA)

NOFO# DOT-PH-PHP-18-OC

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[Pipeline Safety One Call Grant FY 2018 NOFO]

Table of Contents

Program Summary

MISSION…………

SECTION A - PROGRAM DESCRIPTION

A.1 Purpose A.2 Statute and Program Authority A.3 Background

SECTION B - FEDERAL AWARD INFORMATION

B.1 Funding B.2 Period of Performance B.3 Type of Award

SECTION C - ELIGIBILITY INFORMATION

C.1 Eligible Applicants C.2 Cost Sharing or Matching C.3 Other

SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 Address To Request Application Package D.2 Content and Form of Application D.3 Dun and Bradstreet Universal Numbering System (DUNS) Number and System for Award Management (SAM) D.4 Submission Dates and Times D.5 Funding Restrictions

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Criteria E.2 Review and Selection Process

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices F.2 Administrative and National Policy Requirements F.3 Reporting

SECTION G - FEDERAL AWARDING AGENCY CONTACTS

Attachment 1: Terms and Conditions Attachment 2: Standard Title VI/Non-Discrimination Assurances

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Program Summary

Federal Agency Name: U.S. Department of Transportation (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Funding Opportunity Title: “Pipeline Safety One-Call Grants – FY 2018”

Announcement Type: Initial Announcement

Funding Opportunity Number: DOT-PH-PHP-18-OC

CFDA Number: 20.721

NOFO Posted Date: June 20, 2018 Application Due Date: July 20, 2018

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MISSION

The mission of the U.S. Department of Transportation (DOT) is to ensure our nation has the safest, most efficient and modern transportation system in the world. DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) protects people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents.

We also prepare the public and first responders to reduce consequences if an incident does occur. To accomplish this, PHMSA awards grants to states, localities, communities, and nonprofits that help make sure pipelines operate safely and shipments arrive without incident.

SECTION A - PROGRAM DESCRIPTION

A.1 Purpose The DOT’s PHMSA administers this grant program to provide funding to state agencies in promoting damage prevention, including changes with their state underground damage prevention laws, related compliance activities, training and public education.

A.2 Statute and Program Authority Transportation Equity Act for the 21st Century (Public Law 105-178); Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (P. L. 114-183); 49 U.S.C 6106; 49 U.S.C. 6107.

A.3 Background The Secretary is authorized under 49 U.S.C. § 6106 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 to award grants in support of the One-Call program. 49 U.S.C. § 6107 authorized expenditure of $1,058,000 per year to carry out 49 U.S.C. § 6106. The amount of any grant may not exceed $60,000 for a single grant recipient. Total available funding and the maximum award amount are contingent upon Congress appropriating funding for the One-Call program. The Secretary may make a grant of financial assistance to a state to support improving various One-Call damage prevention activities. This grant opportunity is open for state agencies that have a 49 U.S.C. § 60105 Certification and/or 49 U.S.C. § 60106 Agreement with the U.S.

Department of Transportation PHMSA to do pipeline safety inspections.

SECTION B - FEDERAL AWARD INFORMATION

B.1 Funding The Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (P. L.

114-183) states “of the amounts made available under section 60125(a)(1), the Secretary shall expend $1,058,000 for each of fiscal years 2016 through 2019 to carry out section 6106.”

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Applicants are hereby given notice that funds have not yet been appropriated for this grant program. PHMSA anticipates awarding approximately $1,058,000 under this announcement, subject to the availability of funds, the quantity and quality of proposals received, and other applicable considerations. The amount available for Fiscal Year (FY) 2018 will be determined when a full-year appropriation for PHMSA is enacted by Congress.

The amount of any grant may not exceed $60,000 for a single grant recipient. However, total available funding and the maximum award amount are contingent upon an enacted FY 2018 appropriation. The funds may not be used for lobbying, in direct support of litigation, or for activities associated with regulatory compliance or typical operations and maintenance of pipeline facilities.

B.2 Period of Performance PHMSA anticipates the period of performance to be January 1, 2018 – December 31, 2018. Applicants must only apply for funding that can reasonably be spent within this timeframe.

B.3 Type of Award If funding is made available, PHMSA intends to award multiple grants under this Notice of Funding Opportunity (NOFO). The number of awards will depend on the quality of applications, the number of applications received, and the dollar amounts requested.

Submission of an application is not a guarantee of award. PHMSA may, at its discretion, award a grant based on an application in its entirety, award only portions of a grant based on its application, or not award a grant at all.

SECTION C - ELIGIBILITY INFORMATION

C.1 Eligible Applicants This grant opportunity is only open for state agencies that have a 60105 Certification and/or 60106 Agreement with the DOT PHMSA to do pipeline safety inspections.

49 U.S.C. 6103 establishes the minimum standards an applicant for a One-Call Grant must meet to qualify for grant award. Accordingly, PHMSA requires the state agency submitting a One-Call Grant application to answer the following questions and provide sufficient detail(s) that clearly demonstrates compliance with these requirements. Failure to provide the requested information may lead to rejection of the application.

a) Does the state One-Call notification program allow all underground facility operators, including all government operators, to participate as appropriate* (list any pipeline exemptions)?

b) Does the state One-Call notification program allow all excavators, including all government and contract excavators, to participate as appropriate*?

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c) Does the state One-Call notification program provide for flexible and effective enforcement under state law? (Please provide citation to the state statute for enforcement, and identify the enforcement authority.)

d) Does the state One-Call notification program require that the One-Call notification system requirements of the program are applicable without exemptions to municipalities, State agencies, or their contractors? (If you are currently determined to be ineligible by PHMSA based on this requirement, you do not qualify for this grant!)

e) Does the state One-Call notification program provide for consideration of the gravity of the offense and risk to the public in determining appropriate enforcement?

f) Does the state One-Call notification program provide for no cost underground facilities locate requests, excluding design, for all individuals planning excavation activities?

g) Does the state One-Call notification program provide for voluntary participation of underground facilities owners or activity of an excavator which has been determined by the State to be de minimis risk to public safety?

h) To the extent the state has determined it appropriate and necessary, has the state provided for administrative or civil penalties commensurate with the seriousness of a violation of the state One-Call notification program by an excavator or facility owner?

*Appropriate participation. In determining the appropriate extent of participation required for types of underground facilities or excavators under subsection (a), a state shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators and vital public services.

C.2 Cost Sharing or Matching There are no cost-sharing or matching requirements.

C.3 Other Applications including a request for indirect costs should include a budget narrative detailing the proposal for indirect costs where allowable, including a signed copy of the Applicant’s approved negotiated rate agreement that is valid as of the date of the application (if not already on file with PHMSA State Programs division). If the Applicant does not have an approved indirect cost rate agreement, PHMSA may consider requests for a grant-specific indirect cost rate, or the applicant may be eligible for the 10-percent de minimis rate provided by 2 CFR 200.414.

SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package To begin the process, an applicant must be registered at both FedSTAR and www.grants.gov to submit an application online as required. Failure to comply with the prescribed application requirements as described in this section will result in an http://www.grants.gov/

US DOT/PHMSA Page 7 of 11 application not being reviewed. For registration guidance with grants.gov or FedSTAR, please contact Carrie Winslow at (757) 689-3168, carrie.winslow@dot.gov.

D.2 Content and Form of Application Each application must consist of the following:

a. Project Narrative (purpose and planned activity) and Budget Estimate (using standard SF-424 categories) (FedSTAR)

b. Grants.gov Application Package (Application for Federal Assistance (Form SF- 424), Budget Information – Non-Construction Programs (Form SF-424A), Certification Regarding Lobbying

D.3 Dun and Bradstreet Universal Numbering System (DUNS) Number and System for Award Management (SAM) Each applicant is required to: (i) Be registered in SAM before submitting its application; (ii) provide a valid DUNS number in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application under consideration by PHMSA.

PHMSA may not make a grant award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements. PHMSA will review an applicant’s SAM registration status to make responsibility determination.

D.4 Submission Dates and Times Complete applications must be received electronically through FedSTAR and Grants.gov by noon applicant’s local time on July 20, 2018. Applicants will receive an automated receipt of the date and time of application submission from FedSTAR and Grants.gov.

Applications received after the deadline may be considered after a review of the circumstances surrounding the late submission. Deadline extension requests must be submitted via email to the primary program contact listed in section G

D.5 Funding Restrictions Funds provided under a grant award may not be used in direct support of litigation, lobbying, or for direct advocacy for or against a pipeline construction or expansion project.

• Advance Written Approval: Changes in project scope, budget, objectives, project period, or key personnel will require advance written approval by the PHMSA Grant Officer.

• Educational items: Federal regulation (2 CFR 200) prohibits the use of grant funding for promotional materials. However, funding may be provided for items that are educational in nature. When requesting funds for educational items, applicants should provide a general description of the items that will be purchased and a plan for distribution of those items. It is important for mailto:carrie.winslow@dot.gov

US DOT/PHMSA Page 8 of 11 applicants to also provide an explanation of how the proposal to purchase and distribute those items will help improve the state damage prevention program with respect to the Nine Elements.

• Meetings and conferences: Federal regulation (2 CFR 200) also addresses the use of grant funding for meetings and conferences. Costs of meetings and conferences are allowable if the primary purpose is the dissemination of technical information. This includes the costs of meals, transportation, rental of facilities, speakers’ fees, and other items incidental to such meetings or conferences. However, costs associated with entertainment, such as shows or sporting events, are not allowable, nor is the purchase of alcoholic beverages.

• All PHMSA awards are subject to the terms and conditions in the grant agreement and cost principles in 2 CFR Part 200 Subpart E.

D.7 Other Submission Requirements

PHMSA requires applicants for this funding opportunity to apply electronically through Grants.gov (www.grants.gov) and FedSTAR (https://portal.phmsa.dot.gov). FedSTAR requires a valid username and password and an internet browser. Applicants must download the application package associated with this funding opportunity at www.grants.gov. If the applicant has technical difficulties submitting the application through the above-referenced websites, please contact: Carrie Winslow by phone at

(757) 689-3168 or email: carrie.winslow@dot.gov.

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Criteria PHMSA will evaluate the One-Call applications using the following criteria:

Criterion 1. Relevance to the established funding priorities This criterion will be used to evaluate proposed work under each project addressed in the application and will be used to evaluate proposed projects that enhance public safety, protect the environment, minimize risks to excavators, and prevent disruption of vital public services by reducing the incidence of underground facilities during excavation through the voluntary adoption and efficient implementation by all states of state One- Call notification programs that meet the minimum standards.

Funding priorities are established and communicated to all potential grantees by distribution of “One-Call Grant Application Guidelines.” These guidelines are updated annually.

Criterion 2. Costs and Project Scope This criterion will be used to evaluate proposed work under each element addressed in the application and will be used to evaluate proposed projects that:

http://www.grants.gov/ https://portal.phmsa.dot.gov/

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• Will produce tangible results within the project period

• Establish clear goals, objectives, milestones, and estimates of project costs

• Use funds efficiently and effectively.

Criterion 3. Past Performance This criterion will be used to evaluate past performance of applicants that have received a PHMSA One-Call grant in the past. Past performance includes fulfillment of grant agreements in a timely manner and compliance with grant terms and conditions.

Applicants that received funding previously for a project that is ongoing, and are requesting grant funding for the continuation of that project, should provide a summary of accomplishments and tasks completed during the previous grant period. The information provided should include measurable results and deliverables, and also include any information about tasks that were not completed or other challenges encountered during the grant period.

E.2 Review and Selection Process PHMSA will conduct an initial administrative review of each completed application to determine if it is complete and meets the eligibility and responsibility requirements. A team composed of representatives from National Association of Pipeline Safety Representative Grant Allocation Committee and PHMSA Pipeline State Program Division staff will perform a technical review of each completed application (against the evaluation guidelines stated below) that meets the eligibility requirements. Final award decisions will be made by PHMSA and the Secretary of Transportation. For each of the project requests, the review team will rate the application using the following guidelines:

Rating Guidelines Exceptional - The application demonstrates that the requirements of the opportunity are very well understood and the approach will likely result in high quality performance.

The application clearly addresses and exceeds requirements with no weaknesses. The application contains outstanding features that meet or exceed, on multiple dimensions, the expectations of the Government. The risk of poor performance is low.

Acceptable - The application demonstrates that the requirements of the opportunity are understood and the approach will likely result in satisfactory performance. The application addresses and meets requirements with some minor but correctable weaknesses noted. The application demonstrates at least minimum requisite experience, qualifications and performance capabilities. The risk of poor performance is no more than moderate.

Partially Acceptable - The application demonstrates that the requirements of the opportunity are mostly understood and the approach will likely result in satisfactory performance for part of the request. The application addresses most requirements and meets some with minor but correctable weaknesses noted. The application demonstrates at least minimum requisite experience, qualifications, and performance capabilities. The risk of poor performance is no more than moderate.

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Unacceptable - The application does not meet the requirements of the opportunity. The application fails to address many requirements or, although it addresses and may partially satisfy some requirements, major weaknesses and/or deficiencies are noted.

The application could not satisfy critical requirements without a major revision and/or a rewrite of the application or a major redirection effort. The risk of poor performance is high.

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices PHMSA’s awarding official will make grant awards to those eligible applicants whose applications are judged eligible and appropriate under the procedures set forth in this NOFO. All funds awarded by PHMSA under this grant program must be expended solely for the purpose designated in accordance with the approved application and budget, regulations, terms and conditions of the award, applicable Federal cost principles, and the DOT assistance regulations. Funds may not be used in direct support of litigation, lobbying, or for direct advocacy for or against a pipeline construction or expansion project.

The award document will provide pertinent instructions and information including, at a minimum, the following:

1) The legal name and address of performing organization or institution;

2) Title of project;

3) Name(s) of key personnel chosen to direct and control approved activities;

4) Federal Award Identifier Number (FAIN) assigned by PHMSA;

5) Project period, specifying the amount of time PHMSA intends to support the project;

6) Total amount of financial assistance approved for the project period;

7) Legal authority(ies) under which the award is issued;

8) CFDA number and name;

9) Applicable award terms and conditions attached with the grant award at the time of award notification;

10) Approved total budget for categorizing allocable project funds to accomplish the stated purpose of the award; and

11) Other information or provisions deemed necessary by PHMSA to carry out its respective awarding activities or to accomplish the purpose of a particular award.

F.2 Administrative and National Policy Requirements Several Federal statutes and regulations apply to grant applications considered for review and grants awarded under this program. See Attachment 1: Terms and Conditions of this announcement for a list of statutes and regulations that are applicable to this funding opportunity (may be updated at time of award due to timing of award and notices).

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F.3 Reporting Not later than 90 days after the end of the grant period of performance, recipients must submit a Final performance report in FedSTAR. Instructions for completing the report will be sent separately to each grant recipient.

SECTION G - FEDERAL AWARDING AGENCY CONTACTS

Questions Regarding How to Apply Carrie Winslow

DOT/PHMSA

Phone: (757) 689-3168 Email: carrie.winslow@dot.gov

Grant-Related Questions Primary Point of Contact:

Rex Evans

DOT/PHMSA

Phone: (217) 697-8495 Email: rex.evans@dot.gov

Secondary Point of Contact:

Glynn Blanton

DOT/PHMSA

Phone: (615) 368-2900 Email: glynn.blanton@dot.gov

Grant Officer:

Warren Osterberg, Agreement Officer (AO)

DOT/PHMSA

Phone: (202) 366-6942 E-mail: warren.osterberg@dot.gov

SECTION G - FEDERAL AWARDING AGENCY CONTACTS