FY_2017_PSGP_NOFO_Final.pdf

FY 2017 PSGP NOFO

The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO)

Fiscal Year (FY) 2017 Port Security Grant Program (PSGP)

NOTE: Eligible recipients who plan to apply for this funding opportunity but who have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), should take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. New registration can take an average of 7-10 business days to process in SAM. SAM must send out some information for validation with outside parties before your registration can be activated; this includes Taxpayer Identification Number (TIN) validation with the Internal Revenue Service (IRS) and Commercial and Government Entity (CAGE) validation/assignment with the Department of Defense. This timeframe may be longer if the information you provide is flagged for manual validation by either party. If you notice your registration has had a ‘Submitted’ status for longer than 10 business days, and you have not otherwise been contacted to correct or update information, please contact the Federal Service Desk at 866-606-8220 or https://www.fsd.gov. Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: http://www.Grants.gov/web/grants/register.html. Detailed information regarding DUNS and SAM is also provided in Section D of this NOFO, subsection, Content and Form of Application Submission.

A. Program Description

Issued By U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD)

Catalog of Federal Domestic Assistance (CFDA) Number 97.056

CFDA Title Port Security Grant Program

Notice of Funding Opportunity Title Port Security Grant Program

NOFO Number

DHS-17-GPD-056-00-01

Authorizing Authority for Program Section 102 of the Maritime Transportation Security Act of 2002, as amended, (Pub. L.

No. 107-295) (46 U.S.C. § 70107)

Appropriation Authority for Program Department of Homeland Security Appropriations Act, 2017, (Pub. L. No. 115-31) https://www.fsd.gov/ http://www.grants.gov/ http://www.grants.gov/web/grants/register.html

Program Type New

Program Overview, Objectives, and Priorities

Overview The FY 2017 Port Security Grant Program (PSGP) plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. Delivering core capabilities requires the combined effort of the whole community, rather than the exclusive effort of any single organization or level of government. The FY 2017 PSGP’s allowable costs support efforts to build and sustain core capabilities across Prevention, Protection, Mitigation, Response, and Recovery mission areas, with specific focus on addressing the security needs of our Nation’s maritime ports. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, the PSGP supports the goal to Strengthen National Preparedness and Resilience.

Objectives Recipients under the FY 2017 PSGP are encouraged to build and sustain core capabilities through activities such as:

• Strengthening governance integration;

• Enhancing strategic ports within the National Port Readiness Network;

• Enhancing Maritime Domain Awareness (MDA);

• Enhancing Improvised Explosive Device (IED) and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) prevention, protection, response and supporting recovery capabilities within the maritime domain;

• Enhancing cybersecurity;

• Completing maritime security risk mitigation projects that support port resilience and recovery capabilities, as identified in an Area Maritime Security Plan or facility security plan;

• Conducting training and exercises; and

• Completing Transportation Worker Identification Credential (TWIC) projects.

Priorities The National Preparedness Goal defines what it means for the whole community to be prepared for all types of disasters and emergencies. The National Preparedness System is the instrument the Nation employs to build, sustain, and deliver core capabilities in order to achieve the Goal of a secure and resilient Nation. The vast majority of U.S. maritime critical infrastructure is owned or operated by state, local, and private sector maritime industry partners. PSGP funds available to these entities are intended to improve port-wide maritime security risk management; enhance maritime domain awareness; support maritime security training and exercises; and maintain or reestablish maritime security mitigation protocols that support port recovery and resiliency capabilities. PSGP https://www.fema.gov/national-preparedness/whole-community investments must address the U.S. Coast Guard (USCG) and Area Maritime Security Committee (AMSC) identified port security vulnerabilities and support the prevention, protection, response, and recovery from attacks involving Improvised Explosive Device (IED) and other non-conventional weapons.

For additional information on program priorities and objectives for the FY 2017 PSGP, refer to Appendix A – PSGP Program Priorities.

B. Federal Award Information

Award Amounts, Important Dates, and Extensions

Available Funding for the PSGP: $100,000,000

Period of Performance: Thirty-six (36) months

Extensions to the period of performance are allowed. For additional information on period of performance extensions, refer to Section H of this NOFO, Additional Information (Extensions).

Projected Period of Performance Start Date: September 1, 2017

Projected Period of Performance End Date: August 31, 2020

Funding Instrument: Grant

C. Eligibility Information

Eligible Applicants All entities subject to an Area Maritime Transportation Security Plan (AMSP), as defined by 46 U.S.C. § 70103(b), may apply for PSGP funding. Eligible applicants include, but are not limited to: port authorities, facility operators, and state and local government agencies.

Eligibility Criteria Pursuant to the Maritime Transportation Security Act of 2002, as amended (MTSA), DHS established a risk-based grant program to support maritime security risk management. Funding is directed towards the implementation of AMSPs, Facility Security Plans (FSP), and Vessel Security Plans (VSPs) among port authorities, facility operators, and state and local government agencies that are required to provide port security services. In administering the grant program, national, economic, energy, and strategic defense concerns based upon the most current risk assessments available will be considered.

Port Area Definition A Port Area is a location on a coast, shore, or inland waterway containing one or more harbors where vessels can dock and transfer people or cargo to or from land. For the purpose of PSGP, the presence of Maritime Transportation Security Act (MTSA) regulated facilities are the primary consideration of harbors that defines the Port Area.

Eligible Entities Only one (1) application per eligible entity within each Port Area is permitted.

Applicants may submit up to five (5) investment justifications within the single application. An entity is a port authority, facility operator, state or local government agency required to provide port security services. An investment justification supports the funding of a proposed project. The location where the project is primarily implemented is considered the Port Area of the application. Applicants with facilities in multiple Port Areas may submit one (1) application per Port Area. Program funding is risk based by Port Area and no single application should include investment justifications for projects intended to be implemented in multiple Port Areas. For example, state entities that operate in multiple Port Areas must submit separate applications to fund projects in each Port Area.

As a condition of eligibility, all PSGP applicants are required to be fully compliant with relevant Maritime Security Regulations (33 C.F.R. Parts 101-106). Any applicant who, as of the grant application deadline, has an open or outstanding Notice of Violation (NOV), will not be considered for PSGP funding if:

1) the applicant has failed to pay the NOV within 45 days of receipt; or

2) the applicant has failed to decline the NOV within 45 days of receipt resulting in the Coast Guard entering a finding of default in accordance with 33 C.F.R. § 1.07- 11(f)(2); or

3) the applicant appealed the NOV pursuant to 33 C.F.R. § 1.07-70 and received a final appeal decision from the Commandant, U.S. Coast Guard, as described in 33 C.F.R. § 1.07-75, and failed to come into compliance with the terms of the final appeal decision within the timelines noted therein.

The local U.S. Coast Guard Captain of the Port (COTP) will verify security compliance eligibility during the field review process.

Eligibility does not guarantee grant funding.

Ineligible Entities Applications for the purpose of providing a service, product, project, or investment justification (IJ) on behalf of another entity such as sub-recipients or a consortia are ineligible for funding. Applications will only be accepted and considered for funding from direct recipients.

Ferry Systems Ferry systems are eligible to apply for FY 2017 PSGP funds. However, any ferry system receiving funds under the FY 2017 PSGP will not be eligible to participate under the FY 2017 Transit Security Grant Program (TSGP). Likewise, any ferry system that participates in the TSGP will not be eligible for funding under the PSGP.

Other Eligibility Criteria

National Incident Management System (NIMS) Implementation Prior to the allocation of any Federal preparedness awards in FY 2017, recipients must ensure and maintain the adoption and implementation of NIMS. DHS/FEMA describes the specific training and activities involved in NIMS implementation in the NIMS Training Program (https://www.fema.gov/training-0) and the NIMS Implementation Objectives (https://www.fema.gov/implementation-guidance-and-reporting).

Incident management activities require carefully managed resources (personnel, teams, facilities, equipment and/or supplies). Utilization of the standardized resource management concepts such as typing, credentialing, and inventorying promote a strong national mutual aid capability needed to support delivery of core capabilities. Recipients should manage resources purchased or supported with DHS/FEMA grant funding according to NIMS resource management guidance. Additional information on resource management and NIMS resource typing definitions and job titles/position qualifications is available at http://www.fema.gov/resource-management-mutual-aid.

Sub-Awards of PSGP Funding The PSGP provides direct funding to eligible applicants to support their specific needs regarding maritime security risk management. For this reason, applicants who are selected for funding under the PSGP may not enter into subawards with other non- Federal entities.

Cost Share or Match The FY 2017 PSGP has a cost share requirement. The non-Federal entity contribution can be cash or in-kind, with the exception of construction activities, which must be a cash-match (hard).

All PSGP award recipients must provide a non-Federal entity contribution supporting 25 percent (25%) of the total of all project costs. The non-Federal entity contribution should be specifically identified for each proposed project. The non-Federal contribution, whether cash or in-kind, has the same eligibility requirements as the Federal share (e.g. operational costs for routine patrol are ineligible; operational costs for overtime to conduct an approved exercise may be eligible as part of the investment justification) and must be justified as part of the project within the investment justification.

https://www.fema.gov/training-0 https://www.fema.gov/implementation-guidance-and-reporting http://www.fema.gov/resource-management-mutual-aid

For example, if the Federal award requires a 25 percent (25%) cost share and the total project cost is $100,000, then:

• Federal share is 75 percent of $100,000 = $75,000

• Recipient cost share is 25 percent of $100,000 = $25,000

Exceptions to the cost match requirement may apply. Please see Appendix B – FY 2017 PSGP Funding Guidelines for details.

D. Application and Submission Information

Key Dates and Times

Date Posted to Grants.gov: June 2, 2017

Application Submission Deadline: June 22, 2017, 5:00PM EDT

All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted.

Applicants will receive an electronic message confirming receipt of the full application.

In general, DHS/FEMA will not review applications that are not received by the deadline or consider them for funding. DHS/FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, or other exigent or emergency circumstances. Applicants experiencing technical issues, must notify the respective FEMA Headquarters (HQ) Program Analyst prior to the application deadline. Applicants should contact the Centralized Scheduling and Information Desk (CSID) for FEMA HQ Program Analyst contact information.

CSID can be reached by phone at (800) 368-6498 or by e-mail at askcsid@dhs.gov, Monday through Friday, 9:00 a.m. – 5:00 p.m. EDT.

Anticipated Funding Selection Date: September 1, 2017

Anticipated Award Date: No later than September 30, 2017

Address to Request Application Package Application forms and instructions are available at Grants.gov (hardcopies of the NOFO and associated application materials are not available). To access these materials, go to http://www.grants.gov, select “Applicants” then “Apply for Grants”, read the registration requirements, and register, if necessary (allow up to 7-10 business days after submitting before the registration is active in SAM, then an additional 24 hours for Grants.gov to recognize the information). In order to obtain the application package select “Download a Grant Application Package.” Enter the CFDA and/or the funding http://www.grants.gov/ mailto:askcsid@dhs.gov opportunity number located on the cover of this NOFO, select “Download Package,” and then follow the prompts to download the application package.

Applicants experiencing difficulties accessing information or who have any questions should call the Grants.gov customer support hotline at (800) 518-4726.

In addition, the Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice is (800) 462-7585.

Applications will be processed through the Grants.gov portal and DHS/FEMA’s Non- Disaster Grants (ND Grants) System.

Content and Form of Application Submission Applying for an award under this program is a multi-step process. To ensure that an application is submitted on time applicants are advised to start the required steps well in advance of their submission. Failure of an applicant to comply with any of the required steps before the application deadline may result in their application being disqualified.

The steps involved in applying for an award under this program are:

1. Applying for, updating or verifying their DUNS Number;

2. Applying for, updating or verifying their EIN;

3. Updating or verifying their SAM Registration;

4. Establishing an AOR in Grants.gov;

5. Submitting an initial application in Grants.gov; and

6. Submitting the final application in ND Grants.

Each of the required steps associated with the application process are explained in the sections below.

Unique Entity Identifier and System for Award Management (SAM) Before applying for a DHS grant at grants.gov, applicants must have a DUNS number, be registered in SAM, and be approved as an AOR. The steps for completing these pre-application processes are outlined below.

NOTE: Applicants are encouraged to register early. The pre-application registration processes can take four (4) weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact the applicant’s ability to meet required submission deadlines.

Obtain a Dun and Bradstreet Data Universal Numbering System (DUNS) Number The DUNS number must be included in the data entry field labeled "Organizational DUNS" on the SF-424 form in Grants.gov. Instructions for obtaining a DUNS number can be found at the following website:

http://www.grants.gov//web/grants/applicants/organization-registration/step-1-obtain-duns-number.html.

http://www.grants.gov/ http://www.grants.gov/ https://portal.fema.gov/ http://www.grants.gov/ http://www.grants.gov/ https://portal.fema.gov/ http://www.grants.gov/ http://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html http://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html

The applicant must provide a DUNS number with their application. This number is a required field for all subsequent steps in the application submission. Applicants should verify they have a DUNS number, or take the steps necessary to obtain one.

Applicants can receive a DUNS number at no cost by calling the DUNS number request line at (866) 705-5711. DHS/FEMA cannot assist applicants with questions related to obtaining a current DUNS number.

Obtain an Employer Identification Number (EIN) DHS/FEMA requires both the EIN and a DUNS number prior to the issuance of a financial assistance award and for grant award payment; both the EIN and a DUNS number are required to register with SAM. The EIN base for an organization is the Internal Revenue Service (IRS) Tax ID number and for individuals it is their social security number. The social security and IRS Tax ID numbers are both nine-digit numbers. Organizations and individuals submitting their applications must correctly identify the EIN from the DUNS since both are 9-digit numbers.

If these numbers are not correctly identified in the application, a delay in the issuance of the funding award and/or incorrect payment to a recipient organization may result.

Organizations applying for an EIN should plan on a minimum of two (2) full weeks to obtain an EIN (https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online). For assistance registering an EIN, please contact the IRS helpline at https://www.irs.gov/help-resources/telephone-assistance. DHS/FEMA cannot assist applicants with questions related to obtaining a current EIN.

Register with the System for Award Management (SAM) Applicants applying for grant funds electronically through Grants.gov must register with the Federal System for Award Management (SAM). Step-by-step instructions for registering with SAM can be found here:

http://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html. All applicants must register with SAM in order to apply online. Failure to register with the SAM will result in the application being rejected by Grants.gov during the submissions process.

Payment under any DHS/FEMA award is contingent on the recipient having a current SAM registration. The SAM registration process must be completed by the applicant. It is imperative that the information provided by the applicant is correct and current. Please ensure that the organization’s name, address, DUNS number and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all other DHS/FEMA awards.

https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online https://www.irs.gov/help-resources/telephone-assistance https://www.irs.gov/help-resources/telephone-assistance http://www.grants.gov/web/grants/applicants/applicant-resources.html http://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html http://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html http://www.grants.gov/web/grants/applicants/applicant-resources.html http://www.sam.gov/

SAM registration is a multi-step process including validating the EIN with the IRS to obtain a Commercial and Government Entity (CAGE) code. The CAGE code is only valid for one year after issuance and must be current at the time of application.

SAM sends notifications to the registered user via email 60, 30, and 15 days prior to expiration of the SAM registration for the Entity. SAM registration may lapse due to inactivity. To update or renew Entity records(s) in SAM, applicants will need to create a SAM User Account and link it to the migrated Entity records.

For assistance registering, please go to SAM or call 866-606-8220. DHS/FEMA cannot assist applicants with questions related to registering in SAM or obtaining a current CAGE code.

Authorized Organizational Representative (AOR) The next step in the registration process is creating a username and password with Grants.gov to become an AOR. AORs will need to know the DUNS number of the organization for which they will be submitting applications to complete this process.

Applicants must register the individual who is able to make legally binding commitments for the applicant organization as the AOR; please note that this step is often missed and it is crucial for valid submissions. To read more detailed instructions for creating a profile on Grants.gov visit: http://www.grants.gov/web/grants/applicants/organization-registration/step-3-username-password.html.

AOR Authorization After creating a profile on Grants.gov, the E-Biz Point of Contact (POC), a representative from the applicant organization listed as the contact for SAM, will receive an email to grant the AOR permission to submit applications on behalf of the organization. The E- Biz POC will then log in to Grants.gov and approve an individual as the AOR, thereby granting permission to submit applications. To learn more about AOR Authorization, visit: http://www.grants.gov/web/grants/applicants/organization-registration/step-4-aor-authorization.html. To track AOR status, visit:

http://www.grants.gov/web/grants/applicants/organization-registration/step-5-track-aor-status.html.

Electronic Signature Applications submitted through Grants.gov constitute an electronically signed application. When submitting the application through Grants.gov, the name of the applicant’s AOR will be inserted into the signature line of the application.

Applicants experiencing difficulties accessing information or who have questions should call the Grants.gov customer support hotline at (800) 518-4726 or email support@grants.gov.

The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements and, if an http://www.sam.gov/ http://www.grants.gov/ http://www.grants.gov/web/grants/applicants/organization-registration/step-3-username-password.html http://www.grants.gov/web/grants/applicants/organization-registration/step-3-username-password.html http://www.grants.gov/web/grants/applicants/applicant-resources.html http://www.grants.gov/web/grants/applicants/organization-registration/step-4-aor-authorization.html http://www.grants.gov/web/grants/applicants/organization-registration/step-4-aor-authorization.html http://www.grants.gov/web/grants/applicants/organization-registration/step-5-track-aor-status.html http://www.grants.gov/web/grants/applicants/organization-registration/step-5-track-aor-status.html mailto:support@grants.gov applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a Federal award.

Submitting an Initial Application in Grants.gov Following completion of the procedures above all applicants must submit their initial application through Grants.gov. Applicants may need to first create a Grants.gov user profile by visiting the Get Registered section of the Grants.gov website. Successful completion of this step is necessary for DHS/FEMA to determine eligibility of any applicant. Applicants should complete this initial step online which requires completing:

• Standard Form 424 (SF-424), Application for Federal Assistance, and

• Grants.gov Certification Regarding Lobbying Form.

Both forms are available in the Forms tab under the SF-424 group. The initial application cannot be started or submitted in Grants.gov until the applicant’s registration in SAM is confirmed.

Application forms and instructions are available at Grants.gov by selecting Apply for Grants. Enter the CFDA number or the Opportunity ID Number noted in this NOFO, select Download Application Package, and follow the prompts to download the application package. The information submitted in Grants.gov will be retrieved by ND Grants, which will allow DHS/FEMA to determine if an applicant is eligible. Applicants are encouraged to submit their initial application in Grants.gov at least ten days before the application deadline.

For assistance applying through Grants.gov, please go to the Grant Application page, contact support@grants.gov, or call 800-518-4726. DHS/FEMA cannot assist with questions related to registering with Grants.gov.

Submitting the Final Application in Non-Disaster Grants System (ND Grants) After submitting the initial application in Grants.gov, eligible applicants will be notified by DHS/FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement. Early registration will allow applicants to have adequate time to start and complete their application.

In ND Grants, applicants will be prompted to submit all of the information contained in the following forms. Applicants should review these forms before applying to ensure they include all required information.

• Standard Form 424A, Budget Information (Non-construction);

• Standard Form 424B, Standard Assurances (Non-construction); and

• Standard Form LLL, Disclosure of Lobbying Activities (if the recipient has engaged or intends to engage in lobbying activities).

http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/ http://www.grants.gov/web/grants/applicants/grant-application-process.html mailto:support@grants.gov?subject=GRANTS.GOV%20Support%20Center http://www.grants.gov/ http://www.grants.gov/ https://portal.fema.gov/

In addition applicants must submit copies of the following in ND Grants:

• Standard Form 424C, Budget Information (Construction);

• Standard Form 424D, Standard Assurances (Construction);

• Investment Justification(s);

• Detailed Budget Worksheet(s); and

• Indirect Cost Agreement, if applicable.

For assistance registering for the ND Grants system, please contact ndgrants@fema.gov or (800) 865-4076.

Intergovernmental Review An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372 (http://www.fws.gov/policy/library/rgeo12372.pdf). Name and addresses of the SPOCs are maintained at the Office of Management and Budget’s home page at http://www.whitehouse.gov/omb/grants_spoc to ensure currency.

Funding Restrictions Federal funds made available through this award may be used only for the purpose set forth in this award and must be consistent with the statutory authority for the award.

Award funds may not be used for matching funds for any other Federal award, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity.

Additionally, DHS/FEMA has issued Information Bulletin (IB) 407a, Use of Grant Funds for Controlled Equipment, which has placed further restrictions on controlled equipment. For more information on the Controlled Equipment List and Prohibited Equipment, see Appendix B: FY 2017 PSGP Funding Guidelines.

Environmental Planning and Historic Preservation (EHP) Compliance As a Federal agency, DHS/FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by the agency, including grant funded projects, comply with Federal EHP regulations, laws and Executive Orders as applicable. Recipients and subrecipients proposing projects that have the potential to impact the environment. Projects that may impact the environment include but are not limited to: construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities. The EHP review process involves the submission of a detailed project description along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry mailto:ndgrants@fema.gov http://www.fws.gov/policy/library/rgeo12372.pdf http://www.whitehouse.gov/omb/grants_spoc https://www.fema.gov/media-library-data/1485452831667-ab397ce1d370652ec49c25a280419af4/IB_407a_Controlled_Equipment_FY2017_Update_GPD_FINAL_508.pdf https://www.fema.gov/media-library-data/1485452831667-ab397ce1d370652ec49c25a280419af4/IB_407a_Controlled_Equipment_FY2017_Update_GPD_FINAL_508.pdf out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to non-compliance with EHP laws, executive orders, regulations, and policies.

Additionally, all recipients are required to comply with DHS/FEMA EHP Policy Guidance. This GPD EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy and further GPD EHP guidance can be found at: https://www.fema.gov/environmental-planning-and-historic-preservation-compliance.

SAFECOM

Recipients and subrecipients who receive awards under the PSGP that wholly or partially provide funding for emergency communication projects and related activities must comply with the most recent version of the SAFECOM Guidance on Emergency Communications Grants (https://www.dhs.gov/safecom). This guidance provides recommendations to recipients regarding interoperable emergency communications projects, including allowable costs, eligible activities, grants management best practices for emergency communications grants, and information on technical standards that ensure greater interoperability. The guidance is intended to ensure that Federally-funded investments are compatible, interoperable, and support the national goals and objectives for improving emergency communications nationwide.

Pre-Award Costs Pre-award costs are not allowable and will not be approved, with the exception of costs resulting from pre-award grant writing services provided by an independent contractor that shall not exceed $1,500. See Authorized Use of Contractual Grant Writers and/or Grant Managers below for additional details and restrictions.

Cost Principles Costs charged to this award must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E.

Direct Costs

Planning Planning related costs are allowed under this program only as described in this NOFO.

Organization Organization costs are allowed under this program only as described in this NOFO.

Equipment Equipment costs are allowed under this program only as described in this NOFO.

Training Training related costs are allowed under this program only as described in this NOFO.

https://www.fema.gov/media-library-data/1421336453304-d48abd61f8b2a35d2bad325ae49ae531/FP1080231_Environmental_Planning_Historic_Preservation_Policy.pdf https://www.fema.gov/environmental-planning-and-historic-preservation-compliance https://www.fema.gov/environmental-planning-and-historic-preservation-compliance https://www.dhs.gov/safecom

Exercise Exercise related costs are allowed under this program only as described in this NOFO.

Travel Domestic travel costs are allowed under this program as described in this NOFO.

International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.

Construction and Renovation Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds for construction or renovation. Limits on the total amount of grant funding that may be used for construction or renovation may apply. See Appendix B for additional details. Additionally, recipients are required to submit a SF-424C (Budget Information- Construction Programs) budget and budget detail worksheet citing the project costs.

Operational Overtime Operational Overtime costs are allowed under this program only as described in this

NOFO.

Maintenance and Sustainment Maintenance and Sustainment related costs, such as maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable as described in DHS/FEMA Policy FP 205-402-125-1 (http://www.fema.gov/media-library/assets/documents/32474).

For additional details on allowable costs under the PSGP, see Appendix B: FY 2017 PSGP Funding Guidelines.

Management and Administration (M&A) Costs Management and administration costs are allowed. Recipients may use up to five percent (5%) of the amount of the award for M&A. M&A activities are those defined as directly relating to the management and administration of PSGP funds, such as financial management and monitoring. Management and administrative expenses must be based on actual expenses or known contractual costs; requests that are simple percentages of the award, without supporting justification, will not be allowed or considered for reimbursement.

M&A costs are not operational costs, they are the necessary costs incurred in direct support of the grant or as a consequence of the grant and should be allocated across the entire lifecycle of the grant. Examples include preparing and submitting required programmatic and financial reports, establishing and/or maintaining equipment inventory, documenting operational and equipment expenditures for financial accounting purposes;

http://www.fema.gov/media-library/assets/documents/32474 http://www.fema.gov/media-library/assets/documents/32474 and responding to official informational requests from state and federal oversight authorities.

If an applicant uses an outside consultant or contractor to provide pre-award grant writing services or post-award grant management services, the following considerations and restrictions shall apply:

Authorized Use of Contractual Grant Writers and/or Grant Managers A grant applicant may procure the services of a contractor to provide support and assistance for pre-award grant development services (grant writing) or post-award grant management and administrative services (grant management). As with all grant-funded procurements, grant writer or grant management services must be procured in accordance with the Federal procurement standards at 2 C.F.R. §§ 200.317 – 200.326. For entities other than States, such procurements must comply with the recipient’s written standards of conduct covering conflicts of interest as required by the Federal procurement standards at 2 C.F.R. § 200.318 (c)(1). Included in this requirement, no employee, officer, or agent of the recipient may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest.

DHS/FEMA considers a contracted grant-writer to be an agent of the recipient for any subsequent contracts the recipient procures under the same Federal award in which the grant-writer provided grant writing services. A State must follow the same policies and procedures it uses for procurements of its non-Federal funds, pursuant to 2 C.F.R. § 200.317.

Grant Writers Grant writing contractors may assist the applicant in preparing, writing, and finalizing grant application materials and assisting the applicant with handling online application and submission requirements in Grants.gov and ND Grants. Grant writers may assist in a variety of ways up to and including the actual submission of the application. Ultimately the applicant that receives an award is solely responsible for all grant award and administrative responsibilities.

By submitting the application, applicants are certifying all of the information contained therein is true and an accurate reflection of the organization, and that regardless of the applicant’s intent, the submission of information that is false or misleading may result in actions by DHS/FEMA. These actions include but are not limited to the submitted application not being considered for award, temporary withholding of funding under the existing award pending investigation, or referral to the DHS Office of the Inspector General.

Grant Managers Grant management contractors provide support in the day to day management of an active grant and their services may be incurred as Management and Administration costs (M&A) of the award. Additionally, grant recipients may retain grant management contractors at their own expense.

Regardless of whether an applicant or recipient uses grant writing and/or grant management services, the recipient is solely responsible for the fiscal and programmatic integrity of the grant and its authorized activities and expenditures. They must ensure adequate internal controls, including separation of duties, to safeguard grant assets, processes, and documentation, in keeping with the terms and conditions of its award, including this NOFO, 2 C.F.R. Part 200.

Pre-Award Cost of up to $1,500 Eligible for Reimbursement To assist applicants with the cost of grant writing services, DHS/FEMA is permitting a one-time pre-award cost of no more than $1,500 per applicant per year for contractual grant writing services as part of the recipient’s M&A costs. This is only intended to cover costs associated with a grant writer and may not be used to reimburse the applicant for their own time and effort in the development of a grant application. Additionally, the applicant may be required to pay this fee with their own funds during the application preparation and submission period; if the applicant subsequently receives an award, they may then request to be reimbursed once grant funds become available for that cost, not to exceed $1,500. If the applicant does not receive an award, this cost will not be reimbursed by the Federal government. The applicant must understand this risk and be able to cover this cost if an award is not made.

If an applicant intends to request reimbursement for this one-time pre-award cost, it must include this request in its application materials, including in the Budget Detail Worksheet for each Investment Justification. Failure to clearly identify this as a separate cost in the application may result in its disallowance. This is the only pre-award cost eligible for reimbursement.

Indirect (Facilities and Administrative [F&A]) Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), recipients must have an approved indirect cost rate agreement with their cognizant Federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant’s cognizant Federal agency) is required at the time of application, and must be provided to DHS/FEMA before indirect costs are charged to the award.

PSGP Specific Application Instructions All applicants will submit their PSGP grant application, the associated IJs to include detailed budgets and associated Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA) as a file attachment within ND Grants prior to the application deadline.

Investment Justification (IJ) As part of the FY 2017 PSGP application process, applicants must develop a formal IJ that addresses each initiative being proposed for funding. A separate IJ should be submitted for each proposed project. Only one (1) application per eligible entity within each Port Area is permitted. Applicants with projects in multiple Port Areas should submit one (1) application per Port Area based on the implementation location of the proposed projects. No single application should include projects intended to be implemented in different ports. Applicants may submit up to five (5) IJs within the single application.

IJs must demonstrate how proposed projects address gaps and deficiencies in one or more of the core capabilities outlined in the Goal. The applicant must demonstrate within the IJ the ability to provide enhancements consistent with the purpose of the program and guidance provided by DHS/FEMA. PSGP projects must be: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the thirty-six (36) month period of performance. For information on the feasibility and effectiveness determination see the Review and Selection Process.

For the purposes of the PSGP application, the Port Area is selected based on the project location. Agencies that have multiple facilities in multiple Port Areas should apply for projects based on the facility where the project/asset will be implemented, housed/maintained, not the entity’s headquarters location. For entities submitting applications for a single project that span multiple Port Areas, such as one patrol vessel that may be deployed outside of the primary Port Area, the project location is considered to be the predominant location in which the project will be housed and maintained. Large projects that implement multiple components in multiple ports, such as state agency purchases of multiple patrol vessels for multiple ports, should be submitted as separate applications (i.e., State Police vessel project in Port #1 is one application; State Police vessel project in Port #2 is a separate application). All eligible and complete applications will be provided to the applicable COTP for further review.

Applicants seeking to participate in large scale regional projects requiring the purchase of services or equipment should directly reference this in their application. The applicant should specify their portion of the requested project funding and role in the project. The applicant should also note if their portion of the project can be completed independently of the large scale regional project.

Applicants will find an IJ Template on grants.gov. This worksheet must be used as a guide to assist applicants in the preparation of the IJ.

Applicants must provide information in the following categories for each proposed investment:

A. Background B. How the proposed investment supports strategic and program priorities C. Impact

D. Funding/Implementation Plan

Applicants must use the following file naming convention when submitting required documents as part of the FY 2017 PSGP:

COTP Zone Abbreviation_Port Area_Name of Applicant_ IJ Number (Example:

Hous_Galveston_XYZ Oil_IJ#1)

Detailed Budget All applicants must provide detailed budget worksheets that include project milestones for the funds requested at the time of application. The detailed budget must be complete, reasonable, and cost-effective in relation to the proposed project and should provide the basis of computation of all project-related costs (including M&A) and any appropriate narrative.

The review panels must be able to thoroughly evaluate the projects being submitted based on the information provided. Applicants must ensure they provide an appropriate level of detail within the detailed budget worksheet to clarify intent as to what is being purchased.

This worksheet may be used as a guide to assist applicants in the preparation of the budget and budget narrative.

Applications that do not include a narrative detailed budget will not be considered for funding. Detailed budgets often assist reviewers in determining what type of equipment or service is being purchased, which may assist in determining the effectiveness of a project. Additionally, the detailed budget must demonstrate the required cost share, either cash or in-kind. Applications failing to demonstrate the required cost share will not be considered for funding.

The detailed budget must demonstrate the required cost share, either cash or in-kind. Applications failing to demonstrate the required cost share will not be considered for funding. Cash and in-kind matches must consist of eligible costs (i.e., same allowability as the Federal share) and must be identified as part of the submitted detailed budget worksheet. A cash-match includes cash spent for project-related costs while an in-kind match includes the valuation of in-kind services. The cost match requirement for the PSGP award may not be met by costs borne by another Federal grant or assistance program. Likewise, in-kind matches used to meet the matching requirement for the PSGP award may not be used to meet matching requirements for any other Federal grant program. Please see 2 CFR § 200.306, as applicable, for further guidance regarding cost matching.

Memorandum of Understanding/Memorandum of Agreement (MOU/MOA) Requirement State and local agencies are eligible applicants and are not required to provide a MOU or MOA if the direct security provider, along with their assets and resources, are listed in the respective AMSP and confirmed by the COTP. If a security services provider is providing these services directly to a MTSA-regulated facility and does not have an existing agreement addressed in the regulated entities’ security plans, a copy of a signed MOU/MOA with the identified regulated entities will be required prior to funding, and must include an acknowledgement of the security services and roles and responsibilities of all entities involved. This information may be provided using one of the attachment fields within ND Grants.

The MOU/MOA must address the following points:

• The nature of the security service that the applicant agrees to supply to the regulated facility (waterside surveillance, increased screening, etc.);

• The roles and responsibilities of the facility and the applicant during different

Maritime Security (MARSEC) levels;

• An acknowledgement by the facility that the applicant is part of their facility security plan; and

• Acknowledgment that the applicant will provide semi-annual progress reports on project status to the local applicable AMSC and/or COTP.

If applicable, the signed MOU/MOA for state or local law enforcement agencies providing direct security services to regulated entities must be submitted with the grant application as a file attachment within ND Grants (https://portal.fema.gov). A sample MOU/MOA can be found in Appendix D – FY 2017 PSGP Sample MOU/MOA Template.

Applicants must use the following file naming convention for FY 2017 MOUs and MOAs:

COTP Zone Abbreviation_Port Area_Name of Applicant_MOU (Example: Hous_Galveston_Harris County_MOU)

Sensitive Security Information (SSI) Requirements A portion of the information routinely submitted in the course of applying for funding or reporting under certain programs or provided in the course of an entity’s grant management activities under those programs which is under Federal control is subjected to protection under SSI, and must be properly identified and marked. SSI is a control designation used by DHS/FEMA to protect transportation security related information. It is applied to information about security programs, vulnerability and threat assessments, screening processes, technical specifications of certain screening equipment and objects used to test screening equipment, and equipment used for communicating security information relating to air, land, or maritime transportation. Further information can be located in Title 49, Part 1520, Section 7 of the Code of Federal Regulations (49 C.F.R. § 1520.7).

For the purposes of the PSGP, and due to the high-frequency of SSI found in IJ’s, all IJ’s shall be considered SSI and treated as such until they have been subject to review for SSI by DHS/FEMA. This means that applicants shall label documents as SSI in accordance with 49 C.F.R. § 1520.13.

E. Application Review Information

Application Evaluation Criteria Prior to making a Federal award, the Federal awarding agency is required by 31 U.S.C. § 3321 and 41 U.S.C. § 2313 to review information available through any OMB-designated repositories of government-wide eligibility qualification or financial integrity information.