fy-2013-edap-ffo-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.

Funding Opportunity Title: FY 2013 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 2013 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 26, 2012.

Funding Opportunity Number: EDAP2013

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

Public Works and Economic Development Facilities and 11.307, Economic Adjustment

Assistance.

Dates: The deadlines for the remaining funding cycles of FY 2013 and the first funding cycle of FY 2014 are listed below. The first funding cycle of FY 2013 is covered under

EDA’s FY 2012 Economic Development Assistance programs (EDAP) FFO dated November

18, 2011. EDA strongly encourages electronic submissions of applications through www.grants.gov (Grants.gov). To be considered during a particular funding cycle, completed applications must be validated and time-stamped at Grants.gov by 11:59 p.m. Eastern Time on the applicable funding cycle deadline. Alternatively, paper applications may be delivered to the applicable regional office listed in section VIII. of this FFO. Paper applications must be received no later than 5:00 p.m. local time in the applicable regional office on the funding cycle deadline and the applicant must use a delivery confirmation service from their selected carrier. If your application is received after the deadline, it will be considered late and will not be reviewed by EDA for that funding cycle. EDA will not accept facsimile or email transmissions of applications. The next four funding cycle deadlines are:

• December 13, 2012 for funding cycle 2 of FY 2013;

• March 13, 2013 for funding cycle 3 of FY 2013;

• June 13, 2013 for funding cycle 4 of FY 20132; and

• September 13, 2013 for funding cycle 1 of FY 2014.

Because EDA is currently operating under a continuing resolution, funding for projects under any given funding cycle will be dependent upon the availability of appropriations. Please see section II.A of this FFO for more information.

Applications submitted for consideration in the “funding cycle 1 for FY 2014” will be funded using FY 2014 appropriations.

http://www.grants.gov/

Please see section IV.C. of this FFO for more information on application deadlines under this announcement.

Funding Opportunity Description: EDA provides strategic investments that foster job creation and attract private investment to support development in economically distressed areas of the United States. Under this FFO, EDA solicits applications from both rural and urban areas to provide investments that support construction, non-construction, technical assistance, and revolving loan fund projects under EDA’s Public Works and Economic

Adjustment Assistance programs. Grants made under these programs are designed to leverage existing regional assets to support the implementation of economic development strategies that advance new ideas and creative approaches to advance economic prosperity in distressed communities.

Eligible applicants: EDA is not authorized to provide grants to individuals or to for-profit entities. Requests from such entities will not be considered for funding. Eligible applicants for EDA financial assistance under the Public Works and Economic Adjustment Assistance programs include a(n): (i) District Organization of a designated Economic Development

District; (ii) Indian Tribe or a consortium of Indian Tribes; (iii) State, county, city, or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (iv) institution of higher education or a consortium of institutions of higher education; or (v) public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State. See section 3 of PWEDA

(42 U.S.C. § 3122) and 13 C.F.R. § 300.3.

FULL ANNOUNCEMENT TEXT

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

EXECUTIVE SUMMARY

FULL ANNOUNCEMENT TEXT

I. Funding Opportunity Description

A. Overview

B. EDA Investment Priorities

C. EDA Program Information

II. Award information

A. What funding is available under this announcement?

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

III. Eligibility Information

A. Eligible Applicants

B. EDA Economic Distress Criteria

C. Cost Sharing or Matching

IV. Application and Submission Information

A. How to Obtain an Application Package

B. Content and Form of Application Submission

C. Deadlines for submission

D. How to submit an application

E. Optional Pre-application Consultation or Review with EDA

V. Application Review and Selection Process

A. Application review and project analysis

B. Investment Review Committee (IRC) and Selection Factors

C. Grants Officer’s decision

VI. Award Administration Information

A. Award notification

B. Administrative and national policy requirements

C. Reporting requirements

D. Regulations, administrative requirements, and cost principles

E. EDA’s Non-relocation Policy

F. OMB Circular A-133 audit requirements

VII. Other Information

A. Freedom of Information Act Disclosure

B. Past Performance and Non-Compliance with Award Provisions

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

Registration 27

D. Restrictions Governing Making Grants to Corporations Convicted of Felony

Criminal Violations and/or Unpaid Federal Tax Liabilities

E. Environmental and historic preservation requirements

F. Intergovernmental review

G. Implementing the Americans with Disabilities Act (ADA)

VIII. EDA Contact Information

Atlanta Regional Office

Austin Regional Office

Chicago Regional Office

Denver Regional Office

Philadelphia Regional Office

Seattle Regional Office

IX. Instructions for Application Submission via Grants.gov

I. Funding Opportunity Description

A. Overview

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

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

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

FFO announcements for its other programs: Planning, Partnership Planning, Local Technical

Assistance, University Center, and Research and National Technical Assistance.

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

B. EDA Investment Priorities

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

EDA’s investment priorities are designed to provide an overarching framework to guide the agency’s investment portfolio to ensure its investments have the greatest impact. All applications for EDA assistance should align with at least one of the following investment priorities:

1. Collaborative Regional Innovation

Projects that support the expansion and growth of innovation clusters based on a region’s existing competitive strengths. Initiatives must engage relevant stakeholders; facilitate collaboration among urban, suburban, and rural (including tribal) areas; provide capacity for economic development through long-term intergovernmental and public/private collaboration; and support the growth of existing and emerging industries.

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

3. National Strategic Priorities Projects that encourage job growth and business expansion related to advanced and innovative manufacturing; information technology (for example, broadband or smart grid) infrastructure; communities severely impacted by automotive industry restructuring; restoring or improving urban waters; natural disaster mitigation and resiliency; access to capital for small, medium-sized, and ethnically diverse enterprises; innovations in science and health care; or projects that advance science and research parks or other technology transfer or commercialization centers.

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

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

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

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

C. EDA Program Information

This section provides detailed information on the two programs to which this FFO applies. Additional information about EDA’s programs, including information about the eligibility of specific kinds of projects, is available through EDA’s Economic Development

Representatives (EDR). EDRs provide technical assistance to prospective applicants to assist in proposal development and application submission. Applicants are strongly encouraged to contact the EDA representative listed for their applicable state in section VIII. of this FFO to discuss their proposed project, its alignment with EDA’s mission and investment priorities, and all relevant grant issues before submitting an application to EDA.

1. Public Works3

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

Works program include projects supporting water and sewer system improvements, industrial parks, high-tech shipping and logistics facilities, workforce training facilities, business incubators and accelerators, brownfield development, technology-based facilities, wet labs, multi-tenant manufacturing facilities, science and research parks, and telecommunications infrastructure and development facilities.

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

2. Economic Adjustment Assistance4

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

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

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

http://www.eda.gov/pdf/GreenGrowthOverview.pdf

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

EDA will continue to consider applications from communities experiencing adverse economic changes due to base realignment and closures (BRAC) and Federally declared disasters when awarding assistance from FY 2013 EAA program funds. In addition to the assistance described above, EDA assistance to such communities may include planning, coordinating the use of Federal resources available to support economic development recovery, and developing regionally focused economic recovery and growth strategies.

Additionally, as part of this FFO, EDA may provide investments through the

EAA program to help communities conduct feasibility studies on whether and how science and research parks could be implemented in their region.

3. Statutory authorities for EDA’s programs

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

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

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

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

EAA program at 13 C.F.R. part 307. For EDA’s Public Works and EAA programs, this announcement supersedes the EDAP FFO announcement dated November 18, 2011, and EDA’s current regulations on application procedures, evaluation criteria, and selection criteria, specifically 13 C.F.R. §§ 301.7(a), 301.8, and 301.9(a)). EDA expects to update its regulations to reflect these changes in the near future. EDA’s regulations are accessible on EDA’s website at www.eda.gov.

II. Award information

A. What funding is available under this announcement?

As of November 26, 2012, the full amount of FY 2013 appropriations is not available and

EDA is operating under the authority of the FY 2013 Continuing Resolution, Pub. L. No. 112-175 (September 28, 2012). This Continuing Resolution allocates to EDA a level of funding based on FY 2012 funding levels, but on a pro-rated basis, until the enactment of the file:///C:/Documents%20and%20Settings/jlipsey/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/V3Q7WSMJ/on

FY 2013 appropriations or March 27, 2013, whichever occurs first. EDA expects funding levels for FY 2013 to be similar to that in FY 2012, but the final amounts will not be known until

Congress passes a FY 2013 appropriations act. Additionally, the amounts available under the

FY 2013 Continuing Resolution may be affected by the implementation of the Budget Reform

Act of 2011, Pub. L. No. 112-25, 125 Stat. 240 (August 2, 2011), which provides for the automatic sequestration of funds as of January 2, 2013, absent further Congressional action.

When the full FY 2013 appropriations become available, EDA will publish a notice to announce the final FY 2013 funding levels for each program. The funding periods and funding amounts referenced in this notice are subject to the availability of funds at the time of award, as well as to DOC and EDA priorities at the time of award. Neither DOC nor EDA will be held responsible for application preparation costs. Publication of this announcement does not obligate

DOC or EDA to award any specific grant or cooperative agreement or to obligate all or any part of available funds. Applications for renewal or supplementation of additional projects may compete with applications for new awards. The following sections provide more information on

EDA’s Public Works and EAA programs. Specific FY 2013 funding amounts for each program will be announced separately upon availability. The FY 2012 award amounts set out below are provided only for your information; assuming EDA receives FY 2013 appropriations of approximately the same level as in FY 2012,5 the following amounts may prove useful for planning purposes.

EDA allocated $111,640,000 for the Public Works program in FY 2012. The average size of a Public Works investment in FY 2012 was approximately $1.4 million, though investments ranged in size from $200,000 to $3,000,000.

EDA allocated $50,060,000 to the EAA program in FY 2012. The average size of an

EAA investment in FY 2012 was approximately $820,000, though investments ranged from

$100,000 to $1,250,000.

Under the Public Works and EAA programs, EDA expects to use approximately

30 percent of its FY 2013 appropriations to fund applications that were received on or before the

September 20, 2012 deadline for the first funding cycle of FY 2013. EDA expects to use the remaining 70 percent to fund three funding cycles in FY 2013. During the second and third funding cycles, EDA expects to fund projects totaling approximately 60 percent (30 percent per funding cycle) of EDA’s FY 2013 appropriation for the Public Works and EAA programs. In the fourth cycle, if funds remain, EDA expects to fund projects with the remaining 10 percent of the agency’s FY 2013 appropriations and with any funds that may become available during the first two funding cycles of FY 2013. 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, for example, in the case of a construction project in which the applicant is

In FY 2012, the Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L. No. 112–55, 125 Stat. 552 at 592 (November 18, 2011)) made $220,000,000 available for the Economic Development Assistance Programs authorized under PWEDA, the Trade Adjustment Assistance for Firms Program authorized under the Trade Act of

1974 (19 U.S.C. 2341 et seq.), and for the cost of loan guarantees and grants authorized under sections 26 and 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. §§ 3721 and 3722, respectively)

(Stevenson-Wydler). Additionally, in EDA’s FY 2012 appropriations under Pub. L. No. 112-55, EDA was allocated

$200,000,000 in disaster assistance; however, the FY 2013 Continuing Resolution specifically excludes this disaster assistance from EDA’s funding.

unable to resolve environmental issues. Similarly, from time to time, funds may become available from recoveries of prior year awards.

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

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

III. Eligibility Information

A. Eligible Applicants

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

1. District Organization;

2. Indian Tribe or a consortium of Indian Tribes;

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

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

or

5. Public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State.6

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

B. EDA Economic Distress Criteria

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

Region is subject to one (or more) of the following economic distress criteria: (i) an unemployment rate that is, for the most recent 24-month period for which data are available, at least one percentage point greater than the national average unemployment rate; (ii) per capita income that is, for the most recent period for which data are available, 80 percent or less of the national average per capita income; or (iii) a “Special Need,” as determined by EDA.7

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

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

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

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

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

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

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

See also 13 C.F.R. § 301.3(a).

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

1. Unemployment Rate & Per Capita Income

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

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

ACS data are not available to determine project eligibility, EDA will base its decision on the most recent Federal data from other sources (e.g., data available from the U.S. Census Bureau and the Bureaus of Economic Analysis, Labor

Statistics, and Indian Affairs). If no Federal data are available, an applicant must submit to EDA the most recent data available from the government of the State in which the region is located (i.e., conducted by or at the direction of the State government).8

2. “Special Need” Criteria

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

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

provided by the applicant presents a compelling case that the Region meets the

“Special Need” criteria, as defined by EDA.

A project may be eligible pursuant to a “Special Need” if the project is located in a Region that meets one or more of the criteria described below9:

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

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

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

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

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

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

b. Substantial out-migration or population loss.

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

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

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

Unless further extended by the Assistant Secretary, the Region is eligible from the date of DOD’s recommendation for closure, realignment, or growth until five years after the actual date of closing of the installation or five years after the announced realignment or growth actually occurs.

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

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

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

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

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

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

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

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

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

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

§ 5121 et seq.)); or

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

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

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

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

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

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

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

North American Development Bank (NADBank) Program or the Community

Adjustment and Investment Program (CAIP).

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

C. Cost Sharing or Matching

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

In general, EDA’s maximum investment rate (percent of the total project cost) is determined by the average per capita income or unemployment rate of the region in which the project is located, as outlined in Table 1 below:10

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

TABLE 1

Projects located in regions in which:

Maximum allowable investment rates

(percentage of total project cost)

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

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

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

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

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

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

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

1 percentage point greater than the national average; or

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

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

In addition, the Secretary of Commerce has delegated to the Assistant Secretary the discretion to establish a maximum EDA investment rate of up to 100 percent of the total project cost to a: (i) State (or political subdivision of a State) that the Assistant Secretary determines has exhausted its effective taxing and borrowing capacity, or (ii) a non-profit organization that the

Assistant Secretary determines has exhausted its effective borrowing capacity.11 Additionally, EDA’s regulations provide discretion to establish a maximum EDA investment rate of up to

100 percent for projects of Indian Tribes.12

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

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

See section 13 C.F.R. § 301.4(b)(1).

In the application review process, EDA will consider the nature of the contribution (cash or in-kind) and the amount of the matching share funds. In-kind contributions may provide the required non-Federal share of the total project cost and can consist of contributions directly related to the proposed project, such as space, equipment, services, or forgiveness or assumptions of debt.13 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.14

EDA will fairly evaluate all in-kind contributions, which must be eligible project costs and meet applicable Federal cost principles and uniform administrative requirements. The applicant must show that the matching share will: (i) be committed to the project for the project period, (ii) be available as needed, and (iii) not be conditioned or encumbered in any way that may preclude its use consistent with the requirements of EDA investment assistance.15

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

IV. Application and Submission Information

A. How to Obtain an Application Package

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

Grants.gov using Funding Opportunity Number “EDAP2013”. All components of the appropriate application package may be accessed and downloaded (in a screen-fillable format) at http://www.grants.gov/applicants/apply_for_grants.jsp. The preferred electronic file format for attachments is Adobe portable document format (PDF); however, EDA will accept electronic files in Microsoft Word, WordPerfect, or Microsoft Excel. Applicants are advised that they must complete the registration process prior to submitting an application through Grants.gov;

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

B. Content and Form of Application Submission

1. What is required for a complete application?

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

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

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

See 13 C.F.R. § 301.5.

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

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

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

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

ii. One Form ED-900 (Application for Investment Assistance) and accompanying supporting documentation. One complete form per project is required. Please read the information in section IV.B.2 below carefully for important instructions on required topics that must be included in

Form ED-900 and the related Project Narrative.

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

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

v. One Form SF-LLL (Disclosure of Lobbying Activities) from each co-applicant, as applicable.

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

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

Form ED-900.

vii. If the applicant or co-applicant is a non-profit, a copy of the

(1) Certificate of good standing from the State in which the non-profit organization is incorporated; (2) non-profit organization’s current Articles of Incorporation or other formation documents, as applicable; (3)By-Laws;

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

§ 301.2).

viii. Comments from the State Clearinghouse to comply with Executive

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

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

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

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

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

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

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

Form ED-900), as applicable.

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

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

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

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

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

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

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

Please note that the environmental narrative required for a complete application does not need to include all applicable approvals at the time of submission. Applicants must include Appendix A (Applicant’s

Certification Clause) to the environmental narrative signed by each co-applicant, as applicable.

viii. Copies of any existing correspondence with or sign-offs/approvals from other agencies with respect to the project, such as the U.S. Army http://www.whitehouse.gov/omb/grants_spoc http://www.eda.gov/files/012_Environmental_Narrative_Template.zip

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

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

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

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

above:

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

One form per project is required.

ii. One Form SF-424 B (Assurances-Non-Construction Programs) from each co-applicant, as applicable.

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

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

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

Application

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

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

Form ED-900 are superseded by instructions set forth in this FFO. Applicants must submit all information required by Form ED-900 to EDA by the funding cycle deadline in order to be considered for funding in that cycle, including documentation that Form ED-900 advises may be submitted at a later date if EDA selects the project for further consideration. An application that does not have all of the required Form ED-900 sections complete and supplemental documentation included may be considered incomplete. However, EDA, in its sole discretion, may accept an application that is missing non-substantive information that can easily be rectified or cured.

The following table details the sections and exhibits in Form ED-900 that the applicant must complete, as well as the required supporting documentation:

EDA Program Required Form ED-900 Sections

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

Economic Adjustment

Assistance

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

Complete Section E if the application has no construction components.

For Design and

Engineering Assistance under the Public Works or

Economic Adjustment

Assistance programs

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

Revolving Loan Fund

Assistance under the

Economic Adjustment

Assistance program

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

Applicants submitting proposals for construction investments should note that the expected outcomes--notably the anticipated job creation and private investment leveraging potential of an investment--provided in Section B of the Form ED-900 must be reasonable, justifiable, and based on the most current and accurate information available. Estimates must reflect the expected impact from the EDA portion of the investment, using a nine-year time horizon. If EDA determines during the review process that job and private investment estimates are inflated or unsubstantiated, those estimates will not be considered, and may impact EDA’s investment decision.16

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

Federal government’s procurement procedures.17 All pre-award costs are incurred at an applicant’s own risk and will be considered for reimbursement, in EDA’s sole discretion, only if

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

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

Procurement requirements for 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.

an applicant receives an award. Neither EDA nor DOC will be held responsible for application preparation expenditures, which are distinguishable from pre-award project costs.

3. Requirements for the Project Narrative

As outlined in section IV.B.1 of this FFO, all applicants must complete Form ED-900 as part of the application package, in order to be considered for funding. Section A of

Form ED-900 provides structured questions designed to assess the need and impact of a proposed project. While Form ED-900 itself provides space for responses, the applicant may substitute an expanded narrative in a separate attachment that references the questions in Form ED-900, if needed to ensure that its application includes a clear, compelling justification for the project.

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 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 receive greater consideration.

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

a. Description of Project Region and Project Location: Applicants must clearly describe the Region where the project will be located, including the specific geographic location of the project within the Region, as well as background on the assets of the area, which may include clusters, and workforce, physical, educational and financial infrastructure.

b. Description of Regional Eligibility: Applicants must identify which distress criterion or criteria the project qualifies under, provide third-party data that clearly documents this claim, and clearly specify the geography and time period for which the data corresponds. For construction projects (including design and engineering) the project must be located within an eligible region.

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