fy 2012 edap ffo-11-18-11-final.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.

• Program Announcement Title: Economic Development Assistance Programs— Application submission and program requirements for EDA’s Public Works and Economic Adjustment Assistance programs.

• Announcement Type and Date: Initial FY 2012 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 (42 U.S.C. § 3121 et seq.). Effective date:

November 18, 2011.

• Catalog of Federal Domestic Assistance (CFDA) Numbers: 11.300, Investments for Public Works and Economic Development Facilities and 11.307, Economic Adjustment Assistance.

• Deadlines: The deadlines for the remaining funding cycles of FY 2012 and the first funding cycle of FY 2013 are listed below. The first funding cycle of FY 2012 is covered under EDA’s FY 2011 Economic Development Assistance programs (EDAP) FFO dated October 14, 2010. EDA strongly encourages electronic submissions of applications through www.grants.gov. To be considered during a particular funding cycle, complete applications must be validated and time-stamped by www.grants.gov by 11:59 p.m.

Eastern Time on the applicable funding cycle deadline. Alternatively, paper applications may be delivered with delivery confirmation to the applicable regional office listed in section X. of this FFO. Paper applications must be received at or before 5:00 p.m. local time in the applicable regional office on the funding cycle deadline. 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 will not accept facsimile or email transmissions of applications. The next four funding cycle deadlines are:

December 15 for funding cycle 2 of FY 2012;

March 9 for funding cycle 3 of FY 2012;

June 8 for funding cycle 4 of FY 2012; and September 14 for funding cycle 1 of FY 2013.

Please see section VI.A. for more information on application deadlines under this announcement.

http://www.grants.gov/

Applications for financial assistance submitted under EDA’s Planning, Partnership Planning, Local Technical Assistance, University Center, Research and National Technical Assistance programs, and any supplemental appropriations that EDA may receive, are not subject to the funding cycle deadlines listed above. EDA will publish separate FFO announcements in connection with these programs and supplemental appropriations (if any). Please contact the applicable regional office representative listed in section X. of this FFO for additional information.

• Purpose and Intent: EDA supports development in economically distressed areas of the United States by fostering job creation and attracting private investment. Specifically, under this FFO, EDA will consider construction, non-construction, and revolving loan fund investments under the Public Works and Economic Adjustment Assistance programs. Grants made under these programs will leverage regional assets to support the implementation of regional economic development strategies designed to create jobs, leverage private capital, encourage economic development, and strengthen America’s ability to compete in the global marketplace. Under this FFO, EDA solicits applications from rural and urban communities to develop initiatives that advance new ideas and creative approaches to address rapidly evolving economic conditions.

• Eligible applicants: EDA is not authorized to provide grants to individuals or to for-profit entities. Such requests will not be considered for funding. Eligible applicants for EDA 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, 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

TABLE OF CONTENTS:

I. Announcement Description

II. Program Information

III. Eligibility Information

IV. Application Requirements

V. Application Review and Selection Process

VI. Application Submission Information

VII. Award Administration Information

VIII. “Special Need” Criteria

IX. Other Requirements

X. Agency Contacts

I. Announcement Description

A. What is the purpose of this FFO?

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

and (ii) Economic Adjustment Assistance. EDA will publish separate FFO announcements for its other Economic Development Assistance programs: Planning; Partnership Planning; Local Technical Assistance; University Center; and Research and National Technical Assistance.

EDA’s programs help provide distressed communities and regions with comprehensive and flexible resources to address a wide variety of economic needs that lead to the creation of jobs and enhanced private investment. The programs are designed to support local and regional economic development efforts to establish a foundation for durable 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 rural and urban partners throughout the country to develop initiatives that advance new ideas and creative approaches to address rapidly evolving economic conditions.

Note: In instances of urgent economic distress, EDA reserves the flexibility to make awards outside of the funding cycles described in this FFO. An example might be helping a community respond to the sudden loss of a major employer by using Economic Adjustment Assistance to prepare a recovery strategy. Any such awards will be processed in accord with the evaluation criteria set out in section V. of this FFO.

B. Changes from the FY 2011 EDAP FFO dated October 14, 2010

As part of EDA’s continuous efforts to streamline its processes, improve its customer service, and more efficiently allocate scarce resources, the agency has made some changes to its application review and selection process. EDA has modified the evaluation process and selection factors in order to place more emphasis on the quality of a project rather than the content of an application. For example, EDA’s application review and initial project analysis process evaluates the extent to which a project addresses EDA’s investment priorities, project feasibility, sustainability, and the applicant’s organizational capacity.

II. Program Information

A. Program descriptions

This section provides detailed information on the two programs to which this FFO applies. For more information, contact the applicable regional office listed in section X. of this announcement.

1. Public Works and Economic Development Facilities1

EDA will provide strategic Public Works investments to support the construction or rehabilitation of essential public infrastructure and facilities to help communities and regions leverage their resources and strengths to create jobs, drive innovation, become centers of competition in the global economy, and ensure resilient economies. For example, EDA may provide funding to a consortium of District Organizations to support the construction of a technology center that provides laboratory, office, and manufacturing space and leverages the resources of local universities, entrepreneurial networks, and the District Organizations themselves to provide assistance to technology-oriented businesses with significant growth potential. As another example, EDA may provide funding to a State-established non-profit to expand a rural economic development center, allowing the center to increase its capacity to provide services to the State’s most underserved and vulnerable communities and small businesses.

2. Economic Adjustment Assistance2

Through the Economic Adjustment Assistance program, EDA provides a wide range of construction and non-construction assistance (including public works, technical assistance, economic recovery strategies, and revolving loan fund (RLF) projects) in regions experiencing severe economic dislocations that may occur suddenly or over time. This program provides

1 CFDA No. 11.300; implementing regulations at 13 C.F.R. part 305.

2 CFDA No. 11.307; implementing regulations at 13 C.F.R. part 307.

flexible tools to help communities respond to pressing economic recovery issues. For example, EDA might provide funding to a university or community college to launch a Regional Innovation Cluster strategy that supports or provides technical assistance to smaller manufacturers to promote the growth of varied industrial clusters, stem job losses in manufacturing businesses as a result of foreign competition, accelerate the commercialization of research, support high-growth entrepreneurship, and promote the successful diversification of the region’s economy. As another example, EDA might provide funding to a city for the construction of a multi-tenant business and industrial facility to house early-stage businesses that successfully graduate from a business incubator that EDA also funded.

The agency 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 2012 Economic Adjustment Assistance program funds. EDA will help American workers, businesses, and communities affected by military base closures or realignments, defense contractor reductions in force, defense-related funding reductions, Federally declared disasters, or economic deterioration due to other disasters, by providing assistance for planning, coordinating the use of Federal resources available to support economic development recovery, and developing regionally focused economic recovery and growth strategies.

B. Funding information

1. What funding is available under this announcement?

Funding appropriated under the Department of Commerce Appropriations Act, 2012, which was included in the Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L. No. 112-___, (signed by the President on November 18, 2011)), is available for EDA’s programs.

EDA is allocating $111,640,000 for the Public Works and Economic Development

Facilities program in FY 2012. The average size of a Public Works investment in FY 2011 was approximately $1.7 million, though investments ranged in size from $500,000 to $2,000,000.

EDA is allocating $50,060,000 to the Economic Adjustment Assistance program in

FY 2012. The average size of an Economic Adjustment Assistance investment in FY 2011 was approximately $550,000, though investments ranged from $100,000 to $1,250,000.3

Of the amounts appropriated for the above programs, the Department of Commerce Appropriations Act, 2012, allocates certain Economic Adjustment Assistance program funding for sections 26 and 27 of the Stevenson-Wydler Technology Innovation Act of 1980

3 Please note that the examples, average funding estimate, and range are informational only and are not intended to restrict future awards.

(15 U.S.C. §§ 3721 and 3722, respectively). Further, it is the intent of Congress that EDA set aside funding for repatriation grants.4

Under the Public Works and Economic Adjustment Assistance Programs, EDA expects to use approximately 30 percent of its FY 2012 appropriations to fund applications that were received on or before the September 15, 2011 deadline for the first funding cycle of FY 2012.

The remaining 70 percent will be used to fund three funding cycles in FY 2012. During the second and third funding cycles, EDA expects to fund projects totaling approximately 30 percent of EDA’s FY 2012 appropriation for the Public Works and Economic Adjustment Assistance Programs. In the fourth cycle, if funds remain, EDA expects to fund projects with the remaining 10 percent of the agency’s FY 2012 appropriations and with any funds that may become available during the first two funding cycles of FY 2012. One way in which funds may become available is if a project was competitively selected in one of the first two funding cycles, but EDA ultimately was unable to make the award (e.g., in the case of a construction project in which the applicant is unable to resolve environmental issues).

The funding periods and funding amounts referenced in this announcement are subject to the availability of funds at the time of award, as well as to Department of Commerce (DOC) and EDA priorities. DOC and EDA will not 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.

2. 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 until construction is completed satisfactorily, while a strategy investment under EDA’s Economic Adjustment Assistance 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 investments with demonstrated capacity to be implemented quickly and effectively, accelerating positive economic impacts.

4 In addition, the Department of Commerce Appropriations Act, 2012, includes appropriations for EDA’s Planning, Technical Assistance, Research and Evaluation, and Trade Adjustment Assistance programs and for projects pursuant to section 703 of PWEDA (42 U.S.C. § 3233), for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in areas that received a major disaster designation in 2011 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.). EDA will publish the program information and application requirements applicable to these programs in separate FFO announcements.

Please see the Department of Commerce Appropriations Act, 2012 and the accompanying Conference Report (H. Rept. 112-284).

C. Statutory authorities for EDA’s programs

The statutory authorities for the Public Works and Economic Development Facilities and Economic Adjustment Assistance 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. For EDA’s Public Works and Economic Adjustment Assistance programs, this announcement supersedes the EDAP FFO announcement dated October 14, 2010, and EDA’s current regulations on program objectives and priorities, application procedures, evaluation criteria, and selection procedures. EDA expects to update its regulations to reflect these changes in the near future. EDA’s regulations and PWEDA are available on EDA’s website at http://www.eda.gov/InvestmentsGrants/Lawsreg.xml.

III. Eligibility Information

A. Who is eligible to apply for funding under this competitive solicitation?

Pursuant to PWEDA, eligible applicants for and eligible recipients of EDA investment assistance under this FFO include a(n): (i) District Organization; (ii) Indian Tribe or a consortium of Indian Tribes; (iii) State, 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.5

EDA is not authorized to provide grants to individuals or for-profit entities. Such requests will not be considered for funding by EDA.

B. What sort of economic distress criteria must be demonstrated?

Applicants are responsible for demonstrating to EDA the nature and level of economic distress in the region in which the proposed project will be located. Applicants also are responsible for defining the region that the project will assist and must provide supporting statistics and other information, as appropriate. EDA will evaluate the economic distress in the region defined by the applicant and any supporting data provided by the applicant. To be eligible under this FFO, a project must be located in a region that, on the date EDA receives the application for investment assistance, meets 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

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

http://www.eda.gov/InvestmentsGrants/Lawsreg.xml or less of the national average per capita income; or (iii) a “Special Need,” as determined by EDA and as discussed in section VIII. of this FFO.6

EDA reviews project eligibility at the time a complete application is received in the regional office. 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) published by the U.S. Census Bureau for either: the region impacted by the proposed project; the geographic area where substantial direct project-related benefits will occur; or the geographic area of poverty or high unemployment, as applicable. If a recent ACS is 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).7 Other data may be submitted, as appropriate, to substantiate eligibility based on a “Special Need” (see section VIII. of this announcement). The project must be eligible on the date EDA receives the application. In the case of an application received by EDA more than six months before the time of award, EDA will re-evaluate the project to determine continued eligibility for investment assistance before making an award. EDA will reject any documentation of eligibility that it determines is inaccurate or incomplete, which may cause the application to be rejected.

C. What is the cost sharing or matching requirement?

Generally, the amount of the EDA grant may not exceed 50 percent of the total cost of the project. Projects may receive up to an additional 30 percent, based on the relative needs of the region in which the project will be located, as determined by EDA.8

In the case of EDA investment assistance to a(n) (i) Indian Tribe, (ii) State (or political subdivision of a State) that the Assistant Secretary determines has exhausted its effective taxing and borrowing capacity, or (iii) non-profit organization that the Assistant Secretary determines has exhausted its effective borrowing capacity, the Assistant Secretary has the discretion to establish a maximum EDA investment rate of up to 100 percent of the total project cost.9 Potential applicants should contact the appropriate EDA regional office identified in section X.

of this FFO to obtain additional information regarding these determinations.

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. EDA will give preference to applications that include cash contributions (over in-kind contributions) as the matching share.

While cash contributions are preferred, in-kind contributions, consisting of contributions of space, equipment, services, or forgiveness or assumptions of debt, may provide the required

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

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

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

9 See sections 204(c)(1) and (2) of PWEDA (42 U.S.C. § 3144) and 13 C.F.R. § 301.4(b)(5).

non-Federal share of the total project cost.10 EDA will fairly evaluate all in-kind contributions, which must be eligible project costs and meet applicable Federal cost principles and uniform administrative requirements. Funds from other Federal financial assistance awards are considered matching share funds only if authorized by statute, which may be determined by EDA’s reasonable interpretation of the statute.11 The applicant must show that the matching share is committed to the project for the project period, will be available as needed and is not conditioned or encumbered in any way that precludes its use consistent with the requirements of EDA investment assistance.12 Applicants intending to use in-kind contributions to satisfy the matching share requirement are encouraged to discuss their specific plans with the appropriate EDA contact listed in section X. of this FFO before submission of their respective application.

IV. Application Requirements

A. What is the project narrative?

As outlined in section IV.B. of this FFO, all applicants must complete the Application for Investment Assistance (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 substitute an expanded narrative in a separate attachment that references the questions in the ED-900, if needed to ensure that its application includes a clear, compelling justification for the project. This justification must include the following:

1. A specific description of the region, including information on the geography and regional assets of the area, which may include clusters, and workforce, physical, educational and financial infrastructure;

2. An overview of the economic distress of the region and the need for the project;

3. A description of the proposed project and a summary of how it will help address the identified need(s), consistent with the applicant’s strategic planning document as discussed under section IV.C.1 of this FFO;

4. A description of how the proposed project aligns with EDA’s investment priorities.

Applicants that propose projects that do not align with EDA’s investment priorities will not be as competitive as those that do. Applicants are strongly encouraged to review EDA’s investment priorities, available on EDA’s website at http://www.eda.gov/InvestmentsGrants/InvestmentPriorities.xml; and

5. Where a proposed project will be located outside of an area that specifically meets EDA’s statutory distress criteria, the application should clearly document how the project will link to the distressed portion of the region and ultimately mitigate the distress.

Applicants are strongly encouraged to provide a high-quality narrative that compellingly articulates a clearly defined regional economic gap, how the proposed project will meet this

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

11 See 13 C.F.R. § 300.3.

12 See 13 C.F.R. § 301.5.

http://www.eda.gov/InvestmentsGrants/InvestmentPriorities.xml need, and the expected outcome(s) that will result from the proposed project. This should be addressed in a concise manner; a voluminous application will not necessarily receive greater consideration.

B. What are the forms required for a complete application?

The applicant must complete and submit the Application for Investment Assistance

(Form ED-900) and accompanying supplemental information, the applicable Federal grant assistance forms from the Standard Form (SF) 424 series listed below, and certain U.S.

Department of Commerce (CD) forms, as appropriate, as part of a complete application package.

The specific SF forms required with the Form ED-900 depend on whether the applicant seeks construction or non-construction assistance. The following forms are required for a complete application. Please see section VI.B. of this FFO for information on obtaining application packages.

1. Construction Assistance (including design and engineering assistance)

An applicant seeking assistance for a project with construction components is required to complete and submit the following by the applicable funding cycle deadline:

a. Form ED-900 (Application for Investment Assistance) and accompanying supporting documentation. One form per project is required. Please read the paragraphs below carefully for important information on submitting a complete Form ED-900.

b. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as applicable.

c. Form SF-424C (Budget Information—Construction Programs). One form per project is required.

d. One Form SF-424D (Assurances—Construction Programs) from each co-applicant, as applicable.

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

2. Non-Construction Assistance

An applicant seeking assistance for a project without construction components is required to complete and submit the following by the applicable funding cycle deadline:

a. Form ED-900 (Application for Investment Assistance) and accompanying supporting documentation. One form per project is required. Please read the paragraphs below carefully for important information on submitting a complete Form ED-900.

b. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as applicable.

c. Form SF-424A (Budget Information—Non-Construction Programs). One form per project is required.

d. One Form SF-424 B (Assurances—Non-Construction Programs) from each

e. One Form CD-511 (Certification Regarding Lobbying) from each

In addition, applicants may be required to provide certain lobbying information using

Form SF-LLL (Disclosure of Lobbying Activities). Form ED-900 provides detailed guidance to help assess whether Form SF-LLL is required and how to access it. Please note that, if applicable, one Form SF-LLL must be submitted for each co-applicant that has used or plans to use non-Federal funds for lobbying in connection with this FFO. Some applicants, including non-profits and first-time recipients of DOC funding, may be required to complete an individual background screening using Form CD-346 (Applicant for Funding Assistance) before an award may be made; however, please note that this form is not required for a complete application and EDA will request it when necessary.

All application forms must be signed by an Authorized Organizational Representative

(AOR); please see section VI.C. of this FFO for information on AOR requirements. Paper applications must include original signatures. Please refer to important information provided in section VI.C. to ensure that your application is received by EDA.

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

This section provides detailed instructions on completing the Form ED-900, which is divided into lettered sections that correspond to the specific EDA program for which an applicant is applying and that address EDA’s statutory and regulatory requirements. Applicants seeking funding under this FFO will select on the first page of section A of the form that they are applying for Public Works or Economic Adjustment assistance, and the correct sections and exhibits required will automatically populate the form. Based on program and project type, the following table details the sections and exhibits in Form ED-900 that the applicant must complete, as well as the required supporting documentation.

An application that does not have all of the required Form ED-900 sections complete and supplemental documentation included will be considered incomplete. However, EDA, in its sole discretion, may accept an application that contains a non-substantive technical deficiency if it can easily be rectified or cured.

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

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

or Economic Adjustment Assistance Programs Revolving Loan Fund Assistance under the Economic Adjustment Assistance Program

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

Applicants should note that the expected outcomes – notably the anticipated job creation and private investment leveraging potential of an investment – provided by the applicant 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. If EDA determines during the review process that job and private investment estimates are inflated or unsubstantiated, those estimates will not be considered.13

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 these costs to be eligible for reimbursement, the applicant must competitively procure services pursuant to the Federal government’s procurement procedures.14 Such costs are incurred at an applicant’s own risk, and these pre-award costs will be considered for reimbursement, in EDA’s sole discretion, only if an applicant receives an award. As noted under section II.B.1. of this FFO, neither EDA nor DOC will be held responsible for application preparation expenditures, which are distinguishable from pre-award project costs.

C. What supporting documentation is required for a complete application?

In addition to Form ED-900, applicants must submit certain supporting documentation for a complete application. All documentation required for a complete application, including any engineering reports and environmental narratives, must be current. Because of EDA’s new funding cycle application process, some instructions contained in Form ED-900 will be superseded by instructions set out in this FFO. All information required by Form ED-900, including documentation that Form ED-900 advises may be submitted at a later date if EDA selects the project for further consideration, must be submitted by the funding cycle deadline in order to be considered for funding in that cycle. The following list details the required submissions by project type:

13 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 nonrelocation policy is discussed under section IX.F.2. of this FFO.

14 Procurement requirement for institutions of higher education and non-profits are set out at 15 C.F.R.

§§ 14.40-14.48 and requirements for State and local governments are set out at 15 C.F.R. § 24.36.

1. For all types of projects, both construction and non-construction, the following are required:

• Projects must be consistent with the region’s Comprehensive Economic

Development Strategy (CEDS) or alternate EDA-approved strategic planning document capable of meeting EDA’s CEDS or strategy requirements.

A summary of EDA’s CEDS and strategy requirements may be found at http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml. See also section A.3. of Form ED-900, which requires applicants to identify the relevant plan. If EDA does not already have the applicable plan, the applicant may be required to provide it. Please contact the applicable regional office representative listed in section X. of this FFO for more information.

• Documentation confirming non-EDA 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 regional office representative listed in section X. of this FFO with questions regarding this requirement. See also section A.9. of Form ED-900.

• 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.

2. For construction (including design and engineering assistance) projects only, the following also are required:

• 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).

• 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 as providing the economic justification for the proposed project.

• 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.1. of Form ED-900); however, in that instance, the final determination will be required prior to award.

http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml http://www.whitehouse.gov/omb/grants_spoc

• A preliminary engineering report (all required elements are listed in section

M.3. of Form ED-900; special formatting is not required). For additional guidance on preparing a preliminary engineering report, see EDA’s website at http://www.eda.gov/InvestmentsGrants/Grant%20Process.xml.

• 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/InvestmentsGrants/Grant%20Process.xml. 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 Appendix A (Applicant’s Certification Clause) to the environmental narrative signed by each co-applicant, as applicable.

• 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. 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 Officer listed in section X. of this FFO.

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

3. For Revolving Loan Fund projects only, the following also is required:

• 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.

4. For non-profit applicants only, including each non-profit co-applicant, the following also are required:

• Certificate of good standing from the State in which the non-profit organization is incorporated, as applicable.

• A copy of the non-profit organization’s current Articles of Incorporation or other formation documents, as applicable, and By-Laws.

• 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.

As noted under section IV.A. of this FFO, applicants are expected to provide a clear and detailed explanation as to how the proposed project will meet EDA’s investment priorities. EDA will consider applications that include such an explanation as more competitive than those that do not. Such an explanation should include supporting data, performance measures, and other deliverables, as applicable.

V. Application Review and Selection Process

Throughout the review and selection process, EDA reserves the right to seek clarification in writing from applicants whose applications are being reviewed and considered. EDA may ask applicants to clarify objectives and work plans, modify budgets or other specifics necessary to comply with Federal requirements, or provide required supplemental information.

A. Pre-application consultation with EDA

EDA offers eligible applicants the option of consulting with EDA and receiving written feedback on their respective application before a funding cycle deadline.15 To take advantage of this option, the applicant must submit the following forms at a minimum:

1. One Form ED-900 (Application for Investment Assistance);

2. One Form SF-424 (Application for Federal Assistance) from each co-applicant, as applicable; AND

3. One Form SF-424A (Budget Information—Non-Construction Programs), if the project is non-construction related, OR

4. Form SF-424C (Budget Information—Construction Programs) if the project is construction-related.

EDA will conduct a preliminary eligibility and technical review and perform an initial project analysis within 15 business days of its receipt of information provided. The applicant will receive notification detailing any technical deficiencies identified during the review (for example, an incomplete preliminary engineering report or the need for a co-applicant), as well as the results of EDA’s analysis of the project using the evaluation criteria outlined in section V.C.

of this FFO. Applicants will be told if their application is complete, eligible, and whether or not EDA would forward the application in its current state to the Investment Review Committee (IRC). Based on this feedback, the applicant may revise or supplement the application or submit a substantially revised application by the funding cycle deadline or in time for consideration in a subsequent funding cycle. EDA will apply the same evaluation criteria for pre-application consultations as used for reviewing complete applications received after the funding cycle deadline.

Applicants are strongly encouraged to seek feedback on their project and application package from EDA at least 30 days before the funding cycle deadline to allow adequate time to incorporate feedback received into their application before final submission. The consultation, 15 Ineligible applicants will be informed that they are ineligible for EDA funding. Please see section III.A. of this FFO for eligibility requirements.

review, and feedback described in this subsection are optional. Applicants need not seek preliminary feedback on their application in order to be successful. Please see section X. of this FFO for contact information for EDA’s regional office staff.

B. Application review and project analysis

EDA’s regional office staff will review for responsiveness all complete applications received from eligible applicants by a funding cycle deadline. Applicants that are ineligible for EDA funding will be informed that they are ineligible.

1. Application Review

EDA staff will conduct an eligibility and technical completeness review of all applications. Applications that do not contain all forms and required documentation listed in sections IV.B. and IV.C. of this FFO may be deemed non-responsive and excluded from further consideration. EDA expects all applicants to complete and include all required forms and documentation. However, EDA, in its sole discretion, may determine that an omission is a non-substantive technical deficiency if it can easily be rectified or cured, and therefore, may continue its consideration of the application in that funding cycle despite the deficiency.

2. Initial Project Analysis

EDA staff will evaluate applications based on the criteria outlined in section V.B.3. of this FFO, including their alignment with EDA’s investment priorities, the feasibility of the project, and the reasonableness and expected impact of the proposed project. Based on this assessment, EDA staff will evaluate applications and recommend ones to be forwarded to the IRC or denied.

EDA staff will notify applicants of the results of the initial project analysis. Please note that an application forwarded to the IRC is not guaranteed funding—EDA receives far more applications than it can fund.

3. Evaluation Criteria for Initial Project Analysis

EDA will evaluate applications based on their ability to satisfy the following core evaluation criteria, with each criterion given equal weight:

a. The project’s demonstrated alignment with one of EDA’s current investment priorities as published on EDA’s website:

http://www.eda.gov/InvestmentsGrants/InvestmentPriorities.xml;

b. The project’s demonstrated ability to foster job creation and promote private investment in the regional economy;

c. The project’s feasibility;

d. The project’s sustainability/durability;

e. The applicant’s organizational capacity; and

f. The project’s alignment with the regional CEDS or other relevant strategic plan.

http://www.eda.gov/InvestmentsGrants/InvestmentPriorities.xml

For further information on the evaluation criteria outlined above, please see the “Helpful Hints” document on EDA’s website at http://www.eda.gov/InvestmentsGrants/HelpfulHints.xml, or contact the appropriate EDA representative listed in section X. of this FFO.

C. Investment Review Committee and Selection Factors

Each regional office will convene an IRC that consists of at least four Federal employees.

Each IRC will discuss and evaluate each application that was forwarded (after the application review and initial project analysis) to determine if it meets the program-specific award and application requirements provided in 13 C.F.R. § 305.2 for Public Works investments and 13 C.F.R. §§ 307.2 and 307.4 for Economic Adjustment Assistance investments. The IRC also will apply the Selection Factors set out below:

1. Information assessed from the application review and project analysis;

2. A determination that the application meets the overall objectives of section 2 of

PWEDA (42 U.S.C. § 3121);

3. Relative economic distress of the region;

4. Financial or management capability of the applicant;

5. Availability of program funding;

6. Geographic balance in distribution of program funds and EDA’s portfolio;

7. The feasibility of the applicant to achieve the outcomes identified in the application;

8. Balance of diverse project types in the distribution of program funds;

9. Balanced funding for a diverse group of organizations, to include smaller and rural organizations, which may form part of a broader consortium to serve diverse populations and areas within the regional office’s territory;

10. The applicant’s performance under previous Federal financial assistance awards, including whether the grantee submitted required performance reports;

11. Ability of the proposed project to realistically achieve the desired results and catalyze additional resources;

12. A determination that a project is more likely to start quickly and create jobs faster;

and

13. Whether the project will enable communities to become more diversified and more economically prosperous.

The IRC will recommend to the Regional Director those applications that merit consideration for funding.

D. Grants Officer’s decision

Each region’s IRC makes its recommendations to the respective Regional Director, who is the Grants Officer under this announcement. The Regional Director makes the final decision on whether to fund an application. The Regional Director might select a project that was not recommended by the IRC, or decline to fund a project that was recommended, based on any of the Selection Factors described above. The Regional Director’s final decision must be consistent with EDA’s and DOC’s published policies. Anytime the Regional Director makes a selection http://www.eda.gov/InvestmentsGrants/HelpfulHints.xml that differs from the IRC’s recommendation, the Regional Director will document the rationale for the decision in writing.

As part of the selection process, EDA reserves the right to seek clarifications in writing from applicants for those applications deemed to have highest merit in order to facilitate the selection process.

VI. Application Submission Information

A. Deadlines for submission

Complete applications must be received by the deadlines set out below in order to be considered in a particular funding cycle.16

EDA will review applications in accordance with its quarterly funding cycles. The next four deadlines are:

December 15 for funding cycle 2 of FY 2012;

March 9 for funding cycle 3 of FY 2012;

June 8 for funding cycle 4 of FY 2012; and September 14 for funding cycle 1 of FY 2013.

EDA strongly encourages applicants to start early and not to wait until an approaching funding cycle deadline to review the instructions for submitting an application. To be considered during a particular funding cycle, complete applications must be validated and time-stamped by www.grants.gov by 11:59 p.m. Eastern Time on the applicable funding cycle deadline.

Alternatively, paper applications may be delivered with delivery confirmation to the applicable regional office listed in section X. of this FFO. Paper applications must be received at or before 5:00 p.m. local time in the applicable regional office on the funding cycle deadline. Please see section VI.C.2. of this FFO for more information on how to submit a paper application. If your application is received after the deadline, it will be considered late and will not be reviewed by EDA for that funding cycle.

B. Obtaining an application package

An applicant may obtain the appropriate application package electronically at www.grants.gov. 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 portable document format (PDF); however, EDA will accept electronic files in Microsoft Word, WordPerfect, or Microsoft Excel. The applicant must complete the www.grants.gov registration process to submit applications through www.grants.gov; however, 16 Applicants may submit applications for EDA’s preliminary review at any time. See section V.A. of this FFO for information on pre-application consultations.

http://www.grants.gov/applicants/apply_for_grants.jsp please note that registration is not required for an applicant to access, view, or download the application packages. 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 X. of this FFO.

C. How to submit an application

1. Electronic Submissions

EDA strongly encourages electronic submissions of applications through www.grants.gov. EDA will not accept facsimile or email transmissions of applications.

Applications must be successfully validated and time-stamped by www.grants.gov no later than 11:59 p.m. Eastern Time on the applicable funding cycle deadline listed in section VI.A. of this FFO.