FY 2023 PRPA Grant Program NOFO_508c.pdf

FY 2023 Presidential Residence Protection Assistance (PRPA) NOFO

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

Fiscal Year 2023 Presidential Residence Protection Assistance (PRPA) Grant Program

All entities wishing to do business with the federal government must have a unique entity identifier (UEI). The UEI number is issued by the system. Requesting a UEI using Sam.gov can be found at: https://sam.gov/content/entity-registration.

Grants.gov registration information can be found at https://www.grants.gov/web/grants/register.html.

Planned UEI Updates in Grant Application Forms:

On April 4, 2022, the Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in, and assigned by, the System for Award Management (SAM.gov). This new identifier is the Unique Entity Identifier (UEI).

Additional Information can be found on Grants.gov:

https://www.grants.gov/web/grants/forms/planned-uei-updates.html

Table of Contents A. Program Description

1. Issued By

2. Assistance Listings Number

3. Assistance Listings Title

4. Funding Opportunity Title

5. Funding Opportunity Number

6. Authorizing Authority for Program

7. Appropriation Authority for Program

8. Announcement Type

9. Program Category

10. Program Overview, Objectives, and Priorities

B. Federal Award Information

1. Available Funding for the NOFO: $3 million

2. Projected Number of Awards: 1 to 4

3. Period of Performance: 12 months

4. Projected Period of Performance Start Date(s): October 1, 2022

5. Projected Period of Performance End Date(s): September 30, 2023

6. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Cost Share or Match

D. Application and Submission Information https://sam.gov/content/entity-registration https://www.grants.gov/web/grants/register.html https://www.grants.gov/web/grants/forms/planned-uei-updates.html

1. Key Dates and Times

2. Agreeing to Terms and Conditions of the Award

3. Address to Request Application Package

4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM)

5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for

Award Management (SAM), and Submit an Application

6. Electronic Delivery

7. How to Register to Apply

8. Submitting the Final Application

9. Timely Receipt Requirements and Proof of Timely Submission

10. Content and Form of Application Submission

11. Intergovernmental Review

12. Funding Restrictions and Allowable Costs

E. Application Review Information

1. Application Evaluation Criteria

2. Review and Selection Process

F. Federal Award Administration Information

1. Notice of Award

2. Administrative and National Policy Requirements

3. Reporting

4. Monitoring and Oversight

G. DHS Awarding Agency Contact Information

1. Contact and Resource Information

2. Systems Information

H. Additional Information

1. Termination Provisions

2. Period of Performance Extensions

3. Conflicts of Interest in the Administration of Federal Awards or Subawards

4. Record Retention

5. Actions to Address Noncompliance

6. Audits

7. Payment Information

A. Program Description

1. Issued By

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

2. Assistance Listings Number 97.134

3. Assistance Listings Title

Presidential Residence Protection Assistance (PRPA) Grant Program

4. Funding Opportunity Title

Fiscal Year 2023 Presidential Residence Protection Assistance (PRPA) Grant Program

5. Funding Opportunity Number

DHS-23-GPD-134-00-01

6. Authorizing Authority for Program

Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, Division F – Department of Homeland Security Appropriations Act, 2023, Title V, General Provisions, § 530

7. Appropriation Authority for Program Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, Division F – Department of Homeland Security Appropriations Act, 2023, Title V, General Provisions, § 530

8. Announcement Type Initial

9. Program Category Preparedness: Other

10. Program Overview, Objectives, and Priorities

a. Overview

The Fiscal Year (FY) 2023 Presidential Residence Protection Assistance (PRPA) Grant Program will provide federal funds to reimburse state and local agencies for extraordinary law enforcement or other emergency personnel costs incurred during FY 2023 while protecting any non-governmental residence of the President in accordance pursuant to Section 530 of the Department of Homeland Security Appropriations Act, 2023, which states in relevant part: “For an additional amount for ‘Federal Emergency Management Agency— Federal Assistance’, $3,000,000, to remain available until September 30, 2024, exclusively for providing reimbursement of extraordinary law enforcement or other emergency personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the United States Secret Service.”

b. Objectives The objective of the FY 2023 PRPA Grant Program is to reimburse extraordinary costs state and local agencies incurred in FY 2023 while protecting the President’s non-federal residences. Among the goals outlined in the DHS Strategic Plan, Fiscal Years 2020-2024, the FY 2023 PRPA Grant Program supports the goal to Counter Terrorism and Homeland Security Threats, Objective 1.3: Protect Designated Leadership, Events, and Soft Targets.

It also supports the 2022-2026 FEMA Strategic Plan, Objective 3.2: Posture FEMA to Meet Current and Emergent Threats.

c. Priorities

Reimbursing extraordinary costs incurred by state and local agencies while protecting the President’s residences during FY 2023.

B. Federal Award Information

1. Available Funding for the NOFO: $3 million

2. Projected Number of Awards: 1 to 4

3. Period of Performance: 12 months

Extensions to the period of performance are not allowed, per Pub. L. No. 117-328 §530(b) (applying Pub. L. No. 115-141 § 534(b)(1) as revised in Pub. L. No. 117-328 § 530(b)).

FEMA awards under most programs, including this program, only include one budget period, so it will be same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.”

4. Projected Period of Performance Start Date(s): 10/01/2022

5. Projected Period of Performance End Date(s): 09/30/2023

6. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

Eligible applicants are limited to state and local agencies, either directly or through the State Administrative Agency (SAA), that conducted protection activities associated with any non-governmental residence of the President of the United States designated or identified to be secured by the United States Secret Service (USSS). Entities must have incurred extraordinary operational overtime costs in order to be eligible under this grant program.

The SAA may apply on behalf of one or more eligible state or local agencies. If the SAA submits an application on behalf of any other agency, those agencies covered under the SAA’s application cannot also apply directly to FEMA for funding under this NOFO.

Multiple applications may result in a delay in reimbursement and/or an application to be https://www.dhs.gov/sites/default/files/publications/19_0702_plcy_dhs-strategic-plan-fy20-24.pdf https://www.fema.gov/about/strategic-plan/goal-3/objective-3-2 denied funding. Coordination between the SAA and any eligible state or local agencies is therefore encouraged.

2. Cost Share or Match

There is no cost share or match requirement for the FY 2023 PRPA Grant Program.

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date/Time: 10/26/2023 at 2:00 PM ET

b. Application Submission Deadline: 12/08/2023 at 5:00 PM ET

All applications must be received by the established deadline.

FEMA’s Grants Outcomes System (FEMA GO) automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative (AOR) role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D.9 of this NOFO.

FEMA will not review applications that are received after the deadline or consider these late applications for funding. 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, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award.

Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” of FEMA means before the application deadline and within 48 hours after the applicant became aware of the issue.

A list of FEMA contacts can be found in Section G of this funding notice, “DHS Awarding Agency Contact Information.” For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242, Monday through Friday, 9 a.m.– 6 p.m. Eastern Time (ET). For programmatic or grants management questions, please contact your Preparedness Officer or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the FEMA Grants News Hotline by phone at (800) 368-6498 or e-mail at FEMA-Grants-News@fema.dhs.gov, Monday through Friday, 9 a.m.– 5 p.m. ET.

mailto:femago@fema.dhs.gov mailto:FEMA-grants-news@fema.dhs.gov

c. Anticipated Funding Selection Date: No later than 12/31/2023

d. Anticipated Award Date: No later than 02/28/2024

c. Other Key Dates:

Event Suggested Deadline for Completion Obtaining Unique Entity Identifier (UEI) number

Four weeks before actual submission deadline

Obtaining a valid Employer Identification Number (EIN) Creating an account with login.gov Registering in SAM or updating SAM registration Registering in FEMA GO Prior to beginning application Submitting complete application in FEMA

GO

One week before actual submission deadline

2. Agreeing to Terms and Conditions of the Award

By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package Applications are processed through the FEMA GO system. To access the system, go to https://go.fema.gov/.

Note: Hard copies of the NOFO are not available. However, the Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice is (800) 462-7585.

4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM) Each applicant, unless they have a valid exception under 2 CFR 25.110, must:

1) Be registered in Sam.Gov before application submission.

2) Provide a valid Unique Entity Identifier (UEI) in its application.

3) Continue to always maintain an active System for Award Management (SAM) registration with current information during the Federal Award process.

5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four https://go.fema.gov/ weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines.

Please review the table above for estimated deadlines to complete each of the steps listed.

Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding.

To apply for an award under this program, all applicants must:

a. Apply for, update, or verify their Unique Entity Identifier (UEI) number from SAM.gov and Employer Identification Number (EIN) from the Internal Revenue Service;

b. In the application, provide an UEI number;

c. Have an account with login.gov;

d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;

e. Register in FEMA GO, add the organization to the system, and establish the Authorized

Organizational Representative (AOR). The organization’s electronic business point of contact (eBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see Grants Management Modernization (GMM) FEMA GO Startup Guide;

f. Submit the complete application in FEMA GO; and

g. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.

Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from receiving a UEI number, if applicable, and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting FEMA-Grants-News@fema.dhs.gov and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain a UEI number, if applicable, and complete SAM registration within 30 https://www.login.gov/ https://www.fema.gov/sites/default/files/2020-07/fema-go_user-registration-login_reference-guide.pdf https://www.fema.gov/sites/default/files/2020-07/fema-go_user-registration-login_reference-guide.pdf mailto:FEMA-Grants-News@fema.dhs.gov days of the federal award date.

6. Electronic Delivery DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity.

For this funding opportunity, FEMA requires applicants to submit applications through FEMA GO.

7. How to Register to Apply

a. General Instructions:

Registering and applying for an award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.

The registration process can take up to four weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission.

Organizations must have a UEI number, an EIN, an active SAM registration and FEMA GO account to apply for grants.

b. Obtain an UEI Number:

All entities applying for funding, including renewal funding, prior to April 4, 2022, must have a UEI number. Applicants must enter the UEI number in the applicable data entry field on the SF-424 form.

For more detailed instructions for obtaining a UEI number, refer to Sam.gov.

c. Obtain Employer Identification Number All entities applying for funding must provide an Employer Identification Number (EIN).

The EIN can be obtained from the IRS by visiting: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online.

d. Create a login.gov account:

Applicants must have a login.gov account in order to register with SAM or update their SAM registration. Applicants can create a login.gov account here:

https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-a62b99571fd3.

https://sam.gov/content/home 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://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-a62b99571fd3 https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-a62b99571fd3

Applicants only have to create a login.gov account once. For applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked.

For more information on the login.gov requirements for SAM registration, refer to https://www.sam.gov/SAM/pages/public/loginFAQ.jsf.

e. Register with SAM:

All organizations applying online through Grants.gov must register with SAM. Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually. For more detailed instructions for registering with SAM, refer to https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html.

Note: As a new requirement per 2 C.F.R. § 25.200, applicants must also provide the applicant’s immediate and highest-level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.

I. ADDITIONAL SAM REMINDERS

Existing SAM.gov account holders should check their account to make sure it is “ACTIVE.”

SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being “INACTIVE.” Please allow plenty of time before the grant application submission deadline to obtain a UEI number, if applicable, and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours before FEMA’s system recognizes the information.

It is imperative that the information applicants provide is correct and current. Please ensure that your organization’s name, address, and EIN are up to date in SAM and that the UEI number (if applicable) or UEI used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient’s having a current SAM registration.

II. HELP WITH SAM

The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, please contact the Federal Support Desk at https://www.fsd.gov/fsd-gov/home.do or call

(866) 606-8220.

f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR:

Applicants must register in FEMA GO and add their organization to the system. The organization’s electronic business point of contact (eBiz POC) from the SAM registration https://www.sam.gov/SAM/pages/public/loginFAQ.jsf https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html https://www.fsd.gov/fsd-gov/home.do may need to be involved in this step. For step-by-step instructions, see Grants Management Modernization (GMM) FEMA GO Startup Guide.

Note: FEMA GO will support only the most recent major release of the following browsers:

• Google Chrome

• Internet Explorer

• Mozilla Firefox

• Apple Safari

• Microsoft Edge

Users who attempt to use tablet type devices or other browsers may encounter issues with using FEMA GO.

8. Submitting the Final Application Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.10 of this NOFO “Content and Form of Application Submission.” The Standard Forms (SF) may be accessed in the Forms tab under the SF-424 family on Grants.gov. Applicants should review these forms before applying to ensure they have all the information required.

After submitting the final application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the AOR that submitted the application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives your application.

For additional application submission requirements, including program-specific requirements, please refer to the subsection titled “Content and Form of Application Submission” under Section D.10 of this NOFO.

9. Timely Receipt Requirements and Proof of Timely Submission All applications must be completed in FEMA GO by the application deadline. FEMA GO automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative (AOR) role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission on the date and time that FEMA GO received the application.

Applicants who experience system-related issues will be addressed until 3:00 PM ET on the date applications are due. No new system-related issues will be addressed after this deadline. Applications not received by the application submission deadline will not be accepted.

https://www.grants.gov/forms/sf-424-family.html

10. Content and Form of Application Submission

a. Standard Required Application Forms and Information

The following forms or information are required to be submitted as part of the application process. The Standard Forms (SF) are completed directly in the FEMA GO system. Other required documents and information must be submitted as an attachment to the application in FEMA GO. The SF forms are available at https://www.grants.gov/web/grants/forms/sf-424-family.html for reference.

• SF-424, Application for Federal Assistance

• Grants.gov Lobbying Form, Certification Regarding Lobbying

• SF-424A, Budget Information (Non-Construction) o For construction under an award, submit SF-424C, Budget Information (Construction), submitted in addition to or instead of SF-424A

• SF-424B, Standard Assurances (Non-Construction) o For construction under an award, submit SF-424D, Standard Assurances

(Construction), submitted in addition to or instead of SF-424B

• SF-LLL, Disclosure of Lobbying Activities

• Indirect Cost Agreement or Proposal, if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an indirect cost rate agreement or proposal, please see Section D.12 of this funding notice, “Funding Restrictions and Allowable Costs,” for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be available, or contact the relevant FEMA staff identified in Section G of this funding notice, DHS Awarding Agency Contact Information for further instructions.

b. Program-Specific Required Forms and Information

With exception of the application, the following program-specific forms or information are required to be submitted as an attachment to the application in FEMA GO:

• Application: Only one application, due no later than December 08, 2023, at 5 PM ET, is permitted for each applicant. The application and supporting documentation will serve as the applicant’s reimbursement request.

• Documentation: Documentation supporting reimbursement requests must be submitted as an attachment(s) in FEMA GO. All four categories of documentation described below (Investment Narrative, Detailed Budget Spreadsheet, Disclosure of Pending Applications or Open Awards, Certifications) are required. Information in these documents will be used to evaluate allowable costs. Applicants should refer to Section H.5 of this funding notice for guidance on recordkeeping requirements.

• Investment Narrative: The Investment Narrative, a written narrative distinct from the detailed Budget Spreadsheet, must include:

o A title;

o A list of each agency covered under the application;

o Descriptions of the extraordinary law enforcement protection activities the agency engaged in as they related to providing security during the FY 2023 PRPA Grant Program period of performance for the designated residences of the President;

https://www.grants.gov/web/grants/forms/sf-424-family.html https://www.grants.gov/web/grants/forms/sf-424-family.html o Descriptions of the financial burden these operational overtime costs have placed on the agency; and o A list of any and all agreements and/or memoranda of understanding (MOU) that were enacted to establish the security-related activities undertaken to protect the designated residences.

The Investment Narrative must be double-spaced, using a standard 12-point font (Times New Roman is preferred) with 1-inch margins, and must not exceed 10 pages. Please number pages “1 of 10,” “2 of 10,” etc. If the Investment Narrative fails to comply with these length-related restrictions, FEMA may consider such noncompliance in review and in final award decisions.

The file should be named in the following format “[Name of Agency] 2023_PRPA Grant Program Narrative” or other similarly descriptive naming convention.

• Detailed Budget Spreadsheet: Include a detailed budget spreadsheet in Microsoft Excel that identifies each agency listed in the Investment Narrative and provide the following columns of information for each law enforcement personnel seeking reimbursement for operational overtime or backfill overtime activities:

o Position/Rank;

o Compensation rate;

o Overtime compensation rate;

o Fringe benefits;

o Dates overtime worked;

o Total number of hours overtime worked;

o Total amount of overtime cost requested; and o Indicate the Allocation Priority (Priority 1, 2, or 3).

o Additionally, for Priority 2 activities, a description of the activity or services performed, including the date, time, and location or destination of travel to and from the designated residence.

In an effort to ensure Personally Identifiable Information (PII) is not unnecessarily used, applicants are not required to provide names or badge numbers for law enforcement personnel at the time of application. However, the detailed budget spreadsheets must be organized in a way that each law enforcement personnel is listed separately such that, during monitoring and audit, the reimbursements requested can be directly cross-walked to the source documents supporting the reimbursement.

The file should be named in the following format: “[Name of Agency] Detailed_Budget_Spreadsheet” or other similarly descriptive naming convention.

Note: Upon request by DHS/FEMA, evidence must be provided that supports the expenses submitted for reimbursement in the detailed budget spreadsheet (e.g., valid timecards that contain detailed descriptions of the services performed or other supporting documentation permitted under 2 C.F.R. § 200.430).

• Disclosure of Pending Applications or Open Awards: Each applicant shall disclose whether it or any agency covered under the application has any pending applications or open awards for Federally funded grants or cooperative agreements that (1) include requests for funding to support the same investment narrative being proposed in the application under this NOFO; and (2) would cover any identical cost items outlined in the budget submitted to FEMA as part of the application under this NOFO.

The applicant shall disclose applications or requests made to FEMA or other Federal awarding agencies, and also applications for subawards of Federal funds (e.g., applications to other State agencies that subaward Federal funds).

Each applicant that has one or more pending applications or open awards as described above is to provide the following information about pending applications submitted within the last 12 months:

o The federal awarding agency;

o The solicitation name and project name; and o The point of contact information at the applicable federal awarding agency.

An applicant without any pending applications or open awards as described above must submit, as a separate attachment, a statement to this effect:

“[Applicant Name on SF-424] does not have any pending applications submitted within the last 12 months for federally funded grants or cooperative agreements (or for subawards under federal grants or cooperative agreements) that request funding to support the same investment being proposed in this application to FEMA and that would cover any identical cost items outlined in the budget submitted as part of in this application.”

The file should be named: “[Name of Agency] Disclosure_of_Pending_Applications” or other similarly descriptive naming convention.

• Certifications: The applicant must include in their application a signed letter from the head of each state or local agency for which reimbursement is requested. The certification letter must be addressed to the FEMA Administrator and certify that the protection activities were requested by the Director of the USSS, for all overtime for which reimbursement under the FY 2023 PRPA Grant Program is requested. The certifications must be included as separate attachments to the application in FEMA GO.

The file should be named in the following format: “[Name of Agency] Certification” or other similarly descriptive naming convention.

11. 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

(See https://www.archives.gov/federal-register/codification/executive-order/12372.html;

Intergovernmental Review (SPOC List) (whitehouse.gov).

12. Funding Restrictions and Allowable Costs All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in the NOFO, or the terms and conditions of the award. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award. See 2 C.F.R. § 200.403(h) (referring to budget periods, which for FEMA awards under this program is the same as the period of performance).

In general, the Cost Principles establish standards for the allowability of costs, provide detailed guidance on the cost accounting treatment of costs as direct or administrative costs, and set forth allowability principles for selected items of cost. More specifically, except as otherwise stated in this NOFO, the terms and condition of an award, or other program materials, costs charged to awards covered by this NOFO must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. In order to be allowable, all costs charged to a FEMA award or applied to the cost share must be reasonable in nature and amount and allocable to the particular FEMA award.

Additionally, all costs charged to awards must comply with the grant program’s applicable statutes, policies, requirements in this NOFO as well as with the terms and conditions of the award. If FEMA staff identify costs that are inconsistent with any of these requirements, these costs may be disallowed, and FEMA may recover funds as appropriate, consistent with applicable laws, regulations, and policies.

As part of those requirements, grant recipients and subrecipients may only use federal funds or funds applied to a cost share for the purposes set forth in this NOFO and the terms and conditions of the award, and those costs must be consistent with the statutory authority for the award.

Grant funds may not be used for matching funds for other federal grants/cooperative agreements, 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.

Specific to the FY 2023 PRPA Grant Program, the following additional restrictions shall apply:

• Costs incurred as a result of normal agency activities (e.g., salaries incurred during normal patrol hours for security operations, also known as “straight time”) are not allowable for reimbursement.

• Funding shall not be used for hiring new or additional personnel.

• Funding shall not be used for purchasing equipment.

https://www.archives.gov/federal-register/codification/executive-order/12372.html https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf

• Funding shall not be used for costs associated with the provision of protective services at an alternate location. See Allocation Priority definitions for additional guidance on allowable services or activities.

a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications

Equipment or Services Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.

Guidance is available at Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services FEMA Policy #405-143-1, or superseding document.

Additional guidance is available at Contract Provisions Guide: Navigating Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (fema.gov).

Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to:

• Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

• Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or

• Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

I. DEFINITIONS

Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment or services means:

i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities);

ii. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology https://www.congress.gov/bill/115th-congress/house-bill/5515/text?format=txt https://www.congress.gov/bill/115th-congress/house-bill/5515/text?format=txt https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition-covered-services-equipment-gpd.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition-covered-services-equipment-gpd.pdf https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or

iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China.

Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and cloud servers when produced, provided, or used by the entities listed in the definition of “covered telecommunications equipment or services.” See 2 C.F.R. § 200.471.

b. Pre-Award Costs Costs incurred prior to the federal award date (the date when FEMA signs the grant award) are allowable, provided that such costs were incurred and obligated during the award’s period of performance and are otherwise allowable, consistent with the terms of this NOFO and the award letter. Costs incurred or obligated before October 1, 2022, are not allowable.

c. Management and Administration (M&A) Costs M&A costs are not allowable.

d. Indirect Facilities & Administrative (F&A) Costs Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the Grants Management Specialist or other relevant FEMA position for further instructions.

Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to the FEMA Grants Management Specialist for further instructions.

FEMA will review all indirect cost rate agreements under this program to determine whether it falls within the statutory limits on allowable costs under the PRPA Grant Program (see Allowable Costs section above). Per 2 C.F.R. § 200.414(c)(1), FEMA may deviate from an approved rate when required by Federal statute or regulation. The statute authorizing and appropriating the FY 2023 PRPA Grant Program requires this deviation. Per section 530 of the Department of Homeland Security Appropriations Act, 2023 (Pub. L. No. 117-328), any indirect costs charged to the award must be in excess of the costs of normal and typical law enforcement operations and be directly attributable to the provision of protection services in keeping with the purpose of the PRPA Grant Program. Further, program funds may not be used to supplant state or local funds for personnel costs that would otherwise have been expended by a jurisdiction.

Overtime fringe benefit rates are typically lower than regular time fringe benefits because categories such as leave, disability insurance, and health insurance are not dependent on hours worked and do not change if the employee works overtime hours. Therefore, in cases where fringe benefits costs are included in an indirect cost rate agreement, those costs are only allowable for reimbursement as part of the indirect costs if they increase with overtime labor costs (e.g., Social Security, Unemployment Compensation, Worker’s Compensation, Retirement) and are attributable to extraordinary protection activities directly and demonstrably associated with any designated residence of the President. Also, in cases where fringe benefits costs are included in an indirect cost rate agreement, the fringe benefits cannot also be charged as a direct cost for reimbursement.

e. Other Direct Costs

Operational overtime and backfill overtime activities are the only direct costs eligible for reimbursement. In accordance with the Program’s authorizing language, only “extraordinary law enforcement costs” are allowable. Such costs must be in excess of the costs of normal and typical law enforcement operations and be directly attributable to the provision of protection services in keeping with the purpose of the PRPA Grant Program. Further, program funds may not be used to supplant state or local funds for personnel costs that would otherwise have been expended by a jurisdiction. Lastly, the overtime activities must fall within one of the allocation priorities as defined in Section E.2 of this funding notice.

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria

The following criteria will be used to determine whether claimed costs are allowable for reimbursement:

Table 1: Application Evaluation Criteria

Evaluation Criteria Source of Verification Were the costs incurred between October 1, 2022, and September 30, 2023? Detailed Budget Worksheet(s)

Were the costs incurred by law enforcement and/or other emergency personnel?

Investment Narrative, Detailed Budget Spreadsheet(s)

Were the costs incurred for operational or backfill me?

Investment Narrative, Detailed Budget Spreadsheet(s)

Were the costs incurred extraordinary? Meaning, were costs over and above normal expenditures of the agency, which cumulatively present a financial burden on the agency?

Investment Narrative, Detailed Budget Spreadsheet(s), Disclosure of Pending Applications or Open Awards

Evaluation Criteria Source of Verification Were the costs incurred directly attributable to the protection of a non-governmental residence of the President designated or identified to be secured by the USSS in accordance with the priorities defined in Section E.2 below?

Investment Narrative, Detailed Budget Spreadsheet(s), USSS Validation

Were the costs incurred as the result of an official request by the Director of the USSS pursuant to section 3 or section 4 of the Presidential Protection Assistance Act of 1976 (Pub. L. No. 94-524)?

Certifications, USSS Validation

Does the applicant have any pending applications or open awards for federally funded grants or cooperative agreements that (1) include requests for funding to support the same Investment Narrative being proposed in the application under this NOFO, and (2) would cover any identical cost items outlined in the budget submitted to FEMA as part of the application under this NOFO?

Disclosure of Pending Applications or Open Awards

Has the applicant been approved for overtime or backfill overtime requests for the purposes outlined in this NOFO through any open FEMA grant award?

FEMA Official Grant Files

b. Financial Integrity Criteria

Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313;

and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred.

FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant:

i. Financial stability.

ii. Quality of management systems and ability to meet management standards.

iii. History of performance in managing federal award.

iv. Reports and findings from audits.

v. Ability to effectively implement statutory, regulatory, or other requirements.

c. Supplemental Financial Integrity Criteria and Review

Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000:

i. FEMA is required to review and consider any information about the applicant, including information on the applicant’s immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the System for Award

Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS).

ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered.

iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206.

2. Review and Selection Process

FEMA will make award selections based on the eligibility criteria outlined in Section C, Eligibility Information. Funding allocations and award amounts will be determined by the priorities outlined below.

• Priority 1: Priority for allocation of funding will be to agencies that incurred extraordinary law enforcement operational overtime costs while the President or First Lady were at the designated residence.

• Priority 2: Additional funding may be allocated for operational overtime costs associated with transportation of the President or First Lady to and from the designated residence within the state.

• Priority 3: Remaining funding may be provided on a pro-rata basis for reimbursement of extraordinary law enforcement operational overtime costs incurred by agencies for maintaining the security of the designated residences in the absence of the President or First Lady.

Applicants that have identified other sources of reimbursement (e.g., U.S. Department of Justice financial assistance, direct appropriation) for costs incurred protecting the President’s designated residences will not be reimbursed for the same costs paid for by other sources.

F. Federal Award Administration Information

1. Notice of Award

Before accepting the award, the AOR and recipient should carefully read the award package.

The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO as well as any specific terms and conditions in the Notice of Award to receive an award under this program.

FEMA will provide the federal award package to the applicant electronically via FEMA GO.

Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and Obligating Document. An email notification of the award package will be sent through FEMA’s grant application system to the AOR that submitted the application.

https://www.fapiis.gov/fapiis/#/home https://www.fapiis.gov/fapiis/#/home

Recipients must accept their awards no later than 60 days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award or provide a notice of intent to decline through the FEMA GO system.

Funds will remain on hold until the recipient accepts the award through the FEMA GO system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within 60 days may result in a loss of funds.

2. Administrative and National Policy Requirements

In addition to the requirements of in this section and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200.

a. DHS Standard Terms and Conditions All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at DHS Standard Terms and Conditions.

The applicable DHS Standard Terms and Conditions will be those in effect at the time the award…