FY_2024_EFSP_NOFO_OMB_Cleared_4.2.2024.pdf

FY 2024 NOFO Emergency Food and Shelter National Board Program

The U. S. Department of Homeland Security (DHS)

Notice of Funding Opportunity (NOFO)

Fiscal Year 2024 Emergency Food and Shelter National Board 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 System for Award Management (SAM.gov) can be found at: https://sam.gov/content/entity-registration.

Updates in Grant Application Forms:

The Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in, and assigned by SAM.gov. This new identifier is the Unique

Entity Identifier.

Additional Information can be found on Grants.gov: https://www.grants.gov/forms/forms-development/planned-uei-updates

Table of Contents

Updates in Grant Application Forms:

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

11. Performance Measures

B. Federal Award Information

1. Available Funding for the NOFO: $117,000,000

2. Projected Number of Awards: 1

3. Maximum Award Amount: $117,000,000

4. Period of Performance: 24 months

5. Projected Period of Performance Start Date(s): 10/01/2023

6. Projected Period of Performance End Date(s): 09/30/2025

7. Projected Budget Period(s)

8. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Applicant Eligibility Criteria

3. Subawards and Beneficiaries

4. Other Eligibility Criteria/Restrictions

5. Maintenance of Effort (MOE) https://sam.gov/content/entity-%20%20registration https://sam.gov/content/entity-%20%20registration https://www.grants.gov/forms/forms-development/planned-uei-updates https://www.grants.gov/forms/forms-development/planned-uei-updates

6. Cost Share or Match

EFSP does not require cost sharing, matching, or cost participation

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: 04/15/2024

b. Application Submission Deadline: 04/17/2024 at 05:00 PM ET

c. Anticipated Funding Selection Date: No later than 04/22/2024

d. Anticipated Award Date: No later than 04/22/2024

e. Other Key Dates

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.gov)

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

a. General Instructions:

b. Obtain an UEI Number:

c. Obtain Employer Identification Number

d. Create a login.gov account:

e. Register with SAM:

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

9. Submitting the Application

10. Timely Receipt Requirements and Proof of Timely Submission

11. Content and Form of Application Submission

a. Standard Required Application Forms and Information

b. Program-Specific Required Forms and Information

12. Other Submission Requirements

13. Funding Restrictions and Allowable Costs

a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications

Equipment or Services

b. Pre-Award Costs

c. Administrative Allowance

d. Evaluation Costs

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria

b. Financial Integrity Criteria

c. Supplemental Financial Integrity Criteria and Review

2. Review and Selection Process

F. Federal Award Administration Information

1. Notice of Award

2. Pass-Through Requirements

3. Administrative and National Policy Requirements

a. DHS Standard Terms and Conditions

b. Ensuring the Protection of Civil Rights

c. Environmental Planning and Historic Preservation (EHP) Compliance

d. Mandatory Disclosures

4. Reporting

a. Financial Reporting Requirements

b. Programmatic Performance Reporting Requirements

c. Closeout Reporting Requirements

d. Additional Reporting Requirements

5. Monitoring and Oversight

G. DHS Awarding Agency Contact Information

1. Contact and Resource Information

a. Program Office Contact

b. FEMA Grants News

c. Grant Programs Directorate (GPD) Award Administration Division

d. Equal Rights

e. Environmental Planning and Historic Preservation

2. Systems Information

a. FEMA GO

H. Additional Information

1. Termination Provisions

a. Noncompliance

b. With the Consent of the Recipient

c. Notification by the Recipient

2. Program Evaluation

3. Period of Performance Extensions

4. Disability Integration

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

6. Procurement Integrity

a. Important Changes to Procurement Standards in 2 C.F.R. Part 200

b. Competition and Conflicts of Interest

c. Supply Schedules and Purchasing Programs

d. Procurement Documentation

7. Financial Assistance Programs for Infrastructure

a. Build America, Buy America Act

b. Waivers

c. Definitions

8. Record Retention

a. Record Retention Period

b. Types of Records to Retain

9. Actions to Address Noncompliance

10. Audits

11. Payment Information

12. Whole Community Preparedness

13. Report issues of fraud, waste, abuse

A. Program Description

1. Issued By

U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency

(FEMA)/Recovery Directorate/Individual Assistance Division

2. Assistance Listings Number

97.024

3. Assistance Listings Title

Emergency Food and Shelter National Board Program

4. Funding Opportunity Title

Fiscal Year 2024 Emergency Food and Shelter National Board Program

5. Funding Opportunity Number

DHS-24-DAD-024-00-99

6. Authorizing Authority for Program

Section 311 of the McKinney-Vento Homeless Assistance Act of 1987 (Pub. L. No. 100-77, as amended) (42 U.S.C. § 11341)

7. Appropriation Authority for Program

Department of Homeland Security Appropriations Act, 2024 (Pub. L. No. 118-47), Title III, Protection, Preparedness, Response, and Recovery

8. Announcement Type

Initial

9. Program Category

Assistance for Individuals

10. Program Overview, Objectives, and Priorities

a. Overview

The Emergency Food and Shelter Program (EFSP) was established to supplement the work of local social service organizations within the United States, both public and nonprofit, to help people in need of emergency assistance. The program serves more than 2,500 local jurisdictions that convene Local Boards, helping to fund approximately 10,000 to 12,000 public and nonprofit Local Recipient Organizations (LRO).

By statute, the EFSP is governed by a National Board that sets the program’s policies and procedures and determines the funding allocations to local communities across the country as well as eligible uses of the funds. FEMA chairs the National Board, with membership that includes individuals nominated by six national nonprofit organizations named in the statute:

American Red Cross, Catholic Charities USA, The Jewish Federations of North America, National Council of the Churches of Christ in the USA, The Salvation Army, and United

Way Worldwide.

The National Board is the sole eligible recipient of federal funds for EFSP. The program is administered at the community level by Local Boards and State Set-Aside Committees (SSA) with membership largely mirroring the National Board and a local government representative

(Local Boards) or the Governor (SSA) instead of FEMA. Local Boards and SSAs determine which LROs within their jurisdictions are to be awarded funds and the National Board disburses the funds directly to the LROs.

b. Goals, Objectives, and Priorities

Funds made available under this notice will supplement the work of local social service organizations within the United States and the U.S. territories, both public and nonprofit, to help people in need of emergency food and shelter assistance. In accordance with the authorizing statute, grants to the National Board may be used:

(1) to supplement and expand ongoing efforts to provide shelter, food, and supportive services for homeless individuals with sensitivity to the transition from temporary shelter to permanent homes, and attention to the special needs of homeless individuals with mental and physical disabilities and illnesses, and to facilitate access for homeless individuals to other sources of services and benefits;

(2) to strengthen efforts to create more effective and innovative local programs by providing funding for them; and

(3) to conduct minimum rehabilitation of existing mass shelter or mass feeding facilities, but only to the extent necessary to make facilities safe, sanitary, and bring them into compliance with local building codes.

The National Board, by statute, determines goals, objectives, and priorities for the program and allocates funding to local communities accordingly to fulfill the statutory purpose of the funds.

c. Alignment to Program Purpose and the DHS and FEMA Strategic Plan

The EFSP supports Goal 5: Strengthen Preparedness and Resilience, Objective 5.1: Build a

National Culture of Preparedness of The DHS Strategic Plan, Fiscal Years 2020-2024 by assisting people with emergency economic needs such as food and shelter to stabilize and become self-reliant so they are better prepared.

11. Performance Measures

The National Board, by statute, determines goals, objectives, and priorities for the program and allocates funding to local communities accordingly to fulfill the statutory purpose of the funds. The following are units of measure for activities allowed by the statutory purpose of the funds:

(1) nights of lodging and meals provided with EFSP funds;

(2) number of effective and innovative local programs created with EFSP funds; and

(3) number of existing mass shelter or mass feeding facilities minimally rehabilitated to make them safe, sanitary, and bring them into compliance with local building codes.

https://www.dhs.gov/sites/default/files/publications/19_0702_plcy_dhs-strategic-plan-fy20-24.pdf

Information regarding these measures will be provided by the National Board in accordance with Section F.4.b.

B. Federal Award Information

1. Available Funding for the NOFO: $117,000,000

2. Projected Number of Awards: 1

3. Maximum Award Amount: $117,000,000

4. Period of Performance: 24 months

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

5. Projected Period of Performance Start Date(s): 10/01/2023

6. Projected Period of Performance End Date(s): 09/30/2025

7. Projected Budget Period(s)

There will be only a single budget period with the same start and end dates as the period of performance.

8. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

The National Board for the Emergency Food and Shelter Program is the only eligible applicant to FEMA.

2. Applicant Eligibility Criteria

McKinney-Vento Homeless Assistance Act of 1987 (Pub. L. No. 100-77, as amended) (42

U.S.C. § 11341), provides that EFSP funds shall only be awarded to the National Board for the Emergency Food and Shelter Program.

3. Subawards and Beneficiaries

a. Subaward Allowability

As EFSP is administered at the community level by Local Boards that determine which

LROs within their jurisdictions are to be awarded funds, the National Board allocates funds to Local Boards and State Set-Aside Committees for their determination of funding amounts to be disbursed to LROs.

b. Subrecipient Eligibility

By statute, the National Board sets the program’s policies and procedures and designates localities to constitute Local Boards for the purpose of determining how program funds allocated to the locality will be distributed. LROs are the primary subrecipients of EFSP grant funding. Local Boards and SSAs may receive EFSP administrative funds and thus also are subrecipients.

c. Other Subaward Information

Organizations that receive EFSP funds from the National Board are subject to guidance issued by the National Board (see EFSP Website (unitedway.org)) and the following Sections of this NOFO: D.13. (Funding Restrictions and Allowable Costs), D.13.a. (Prohibitions on

Expending FEMA Award Funds for Covered Telecommunications Equipment or Services), D.13.c. (Administrative Allowance), E.5. (Monitoring and Oversight), and F.4.c. (Closeout

Reporting Requirements).

d. Beneficiaries or Participants

This NOFO and any subsequent federal awards create no rights or causes of action for any participant or beneficiary.

The intent of EFSP is for the purchase of food and shelter, to supplement and expand current available resources and not to substitute or reimburse ongoing programs and services or to start new programs. EFSP is a needs-based program for which clients (beneficiaries) must qualify. The National Board does not set client eligibility criteria although Local Boards may choose to set such criteria. Per the National Board’s guidance, any criteria used must provide for assistance to needy individuals without discrimination (age, race, sex, religion, national origin, disability, economic status, or sexual orientation), sensitivity to the transition from temporary shelter to permanent homes, attention to the specialized needs of homeless individuals with mental and physical disabilities and illness and to facilitate access for homeless individuals to other sources of services and benefits. No proof of citizenship or qualified alien status is required. No individual, family, or household may be charged a fee for service or be required to attend religious/counseling services with relation to assistance received under EFSP.

4. Other Eligibility Criteria/Restrictions

Not applicable.

5. Maintenance of Effort (MOE)

Not applicable.

6. Cost Share or Match

EFSP does not require cost sharing, matching, or cost participation.

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: 04/15/2024 https://www.efsp.unitedway.org/efsp/website/index.cfm

b. Application Submission Deadline: 04/17/2024 at 05:00 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.10. 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 the following: prior to 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 NOFO, “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

9:00 AM – 6:00 PM Eastern Time (ET). For programmatic or grants management questions, please contact your Program Analyst or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact fema-grants-news@fema.dhs.gov, Monday through Friday, 9:00 AM – 5:00 PM ET.

c. Anticipated Funding Selection Date: No later than 04/22/2024

d. Anticipated Award Date: No later than 04/22/2024

e. Other Key Dates

Event Suggested Deadline for Completion

Obtaining Unique Entity Identifier (UEI) number Four weeks before submission deadline

Obtaining a valid Employer Identification Number (EIN) Four weeks before submission deadline mailto:femago@fema.dhs.gov mailto:fema-grants-news@fema.dhs.gov

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/.

The NOFO can be downloaded at Grants.gov or obtained via email from the Awarding

Office points of contact listed in Section G of this NOFO, “DHS Awarding Agency Contact

Information” or by TTY (800) 462-7585.

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

Award Management (SAM.gov)

Each applicant, unless they have a valid exception under 2 CFR §25.110, must:

a. Be registered in SAM.gov before application submission.

b. Provide a valid UEI in its application.

c. Continue to always maintain an active SAM registration with current information during the federal award process. Note: Per 2 C.F.R. § 25.300, subrecipients are NOT required to go through the full SAM registration process. First-tier subrecipients

(meaning entities receiving funds directly from the recipient) are only required to obtain a UEI through SAM, but they are not required to complete the full SAM registration in order to obtain a UEI. Recipients may not make subawards unless the subrecipient has obtained and provided the UEI.

Lower-tier subrecipients (meaning entities receiving funds passed through by a higher-tier subrecipient) are not required to have a UEI and are not required to register in SAM.

Applicants are also not permitted to require subrecipients to complete a full registration in

SAM beyond obtaining the UEI.

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 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.

Event Suggested Deadline for Completion

Creating an account with login.gov Four weeks before submission deadline

Registering in SAM or updating SAM registration Four weeks before submission deadline

Registering Organization in FEMA GO Prior to beginning application

Submitting complete application in FEMA GO By the submission deadline https://go.fema.gov/ https://www.grants.gov/ https://sam.gov/content/home

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

a. Apply for, update, or verify their UEI number 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 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

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 obtaining an UEI number 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 an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date.

6. Electronic Delivery

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

FEMA GO.

7. How to Register to Apply https://www.login.gov/ https://www.fema.gov/grants/guidance-tools/fema-go/startup

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 an UEI number, an EIN, an active SAM registration and Grants.gov account to apply for a federal award under this funding opportunity.

b. Obtain an UEI Number:

All entities applying for funding, including renewal funding, 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: 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 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, visit SAM registration.

e. Register with SAM:

All applicants must register with SAM. Failure to register with SAM will prevent an applicant from completing the application. SAM registration must be renewed annually.

Organizations will be issued a UEI number with the completed SAM registration.

For more detailed instructions for registering with SAM, refer to Register With SAM.

Note: 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.

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://www.sam.gov/SAM/pages/public/loginFAQ.jsf https://apply07.grants.gov/help/html/help/Register/RegisterWithSAM.htm

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 an UEI number 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 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 or call toll free (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 may need to be involved in this step. For step-by-step instructions, see 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.

9. Submitting the Application

Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.11. of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) may be accessed in the

Forms tab at 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 https://www.fsd.gov/fsd-gov/home.do https://www.fema.gov/grants/guidance-tools/fema-go/startup https://www.fema.gov/grants/guidance-tools/fema-go/startup https://grants.gov/forms/forms-repository/sf-424-family 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.11.b. of this NOFO.

10. 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 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.

System-related issues will be addressed until 6:00 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.

11. Content and Form of Application Submission

a. Standard Required Application Forms and Information

The following forms or information are required to be submitted via FEMA GO. The

Standard Forms (SF) are also available at Grants.gov SF-424 Family.

• SF-424, Application for Federal Assistance

• Grants.gov Lobbying Form, Certification Regarding Lobbying

• SF-424A, Budget Information (Non-Construction)

• SF-424B, Standard Assurances (Non-Construction)

• SF-LLL, Disclosure of Lobbying Activities

b. Program-Specific Required Forms and Information

The following program-specific information is required to be submitted in FEMA GO:

• detailed budget that outlines planned or expected use of the National Board’s administrative allowance by budget object code, including amounts or percentages the National Board plans to assign to Local Boards and State Set-

Aside Committees as allowed in Section D.13.c.

• A budget narrative that:

o Describes the National Board’s methodology for charging administrative expenses to the administrative allowances for all open awards, including those for humanitarian relief (i.e., prorate against all open awards, first-in-first-out, etc.);

o Includes position descriptions for all positions charged to the grant, the positions’ roles in supporting the grant, and the percentage of time the positions dedicate to the grant;

o Describes how the amounts charged to the administrative allowance for shared facility and related expenses (e.g., telephone, internet, rent, equipment https://grants.gov/forms/forms-repository/sf-424-family maintenance) and audit and accounting services incurred by the National

Board’s secretariat and fiscal agent are determined;

• A copy of the current negotiated IDC rate agreement for the National Board’s secretariat and fiscal agent if indirect costs will be charged to the administrative allowance.

12. Other Submission Requirements

None.

13. Funding Restrictions and Allowable Costs

All costs charged to federal awards (including both federal funding and any non-federal matching or cost sharing funds) must comply with applicable statutes, rules and regulations, and policies, this NOFO, and the terms and conditions of the federal award. They must also 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 federal award. This includes, among other requirements, that costs must be incurred and products and services must be delivered within the budget period. 2 C.F.R. §

200.403(h). The following identifies a list of activities for which a recipient may not use federal funds and any cost sharing or matching funds under federal awards:

• Matching or cost sharing requirements for other federal grants and cooperative agreements (see 2 C.F.R. § 200.306)

• Lobbying or other prohibited activities under 18 U.S.C. § 1913 or 2 C.F.R. §

200.450

• Prosecuting claims against the federal government or any other government entity

(see 2 C.F.R. § 200.435). See subsections below for information on any other funding restrictions.

a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications

Equipment or Services

Recipients, subrecipients, and their contractors must comply with the prohibitions set forth in

Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) (FY 2019 NDAA) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The FY 2019 NDAA and these regulations, as they apply to recipients, subrecipients, and their contractors and subcontractors, provide for two distinct prohibitions: (1) prevent the use of federal award funds to procure or obtain covered telecommunications equipment or services; and (2) prevent the use of federal award funds to contract with an entity that uses such covered telecommunications equipment or services.

Guidance is available at FEMA Policy #405-143-1 - Prohibitions on Expending FEMA

Award Funds for Covered Telecommunications Equipment or Services

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 recipients and subrecipients may not use any FEMA funds under open or new awards to:

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• 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

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

Pre-award costs may be allowable with the prior written approval of FEMA. A written request for pre-award cost approval, signed by the Authorized Organization Representative of the National Board, must be included with the application and must outline the purpose(s) for which pre-award costs are being requested, include a detailed budget break-out of pre-award costs separate from post-award costs, and provide justification for the request. If approved by

FEMA, pre-award costs will be included in the award agreement.

c. Administrative Allowance

Costs of administration are allowable under the authorizing statute for the program. See

McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11344.

Management and administration (M&A) costs are not operational costs but are necessary costs incurred in direct support of the federal award or as a consequence of it, such as travel, meeting-related expenses, and salaries of full/part-time staff in direct support of the program and should be allocated across the entire lifecycle of the grant. As such, M&A costs can be itemized in financial reports. Indirect costs (IDC) are those costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved.

The National Board may use up to 3.5 percent of the total amount of the award for its administrative costs, and the National Board may assign a portion of its administrative allowance for subrecipient management and administration. However, the combined total of funds retained by the National Board and the amount assigned to subrecipients for administrative costs shall not exceed 3.5 percent of the total award.

IDC of the National Board’s secretariat and fiscal agent are allowable as described in 2

C.F.R. Part 200, including 2 C.F.R. § 200.414; however, they are subject to and part of the statutory administrative allowance limitation. A copy of the current negotiated IDC rate agreement must be provided with the application (see D.11.b.). IDC of subrecipients are not eligible.

All travel charged to the administrative allowance, whether by or on behalf of the National

Board in direct support of the grant or by subrecipients, must comply with 2 C.F.R. §

200.475 -- Travel costs.

d. Evaluation Costs

In accordance with 2 C.F.R. § 200.413(b), program evaluation costs are allowable; however, they are subject to and part of the statutory administrative allowance. See Section H.2.

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria

In accordance with EFSP’s authorizing statute, the National Board is the only eligible applicant for EFSP funds and FEMA is required to award the full amount appropriated by

Congress to the National Board. However, the National Board must meet all the application requirements set forth in this notice before EFSP funds are awarded.

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 SAM.gov identifies the applicant as being excluded from receiving federal awards or is flagged for any integrity record submission.

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 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.475 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRed1f39f9b3d4e72/section-200.475 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 by 41 U.S.C. § 2313 and 2 C.F.R. § 200.206(a)(2) 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

In accordance with EFSP’s authorizing statute, the National Board is the only eligible applicant for EFSP funds and FEMA is required to award the full amount appropriated by

Congress to the National Board. Prior to awarding the funds, FEMA will review the application for completeness and reasonableness to ensure the National Board meets all application requirements set forth in this NOFO.

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

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.

Recipients must accept their awards no later than 30 days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award 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 the specified timeframe may result in a loss of funds.

2. Pass-Through Requirements

Upon receiving the award funds, the National Board must disburse the funds before the expiration of the 3-month period beginning on the date the funds became available. See

McKinney-Vento Homeless Assistance Act, 42 U.SC. § 11345.

3. 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 was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award.

b. Ensuring the Protection of Civil Rights

As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations.

Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title

VI of the Civil Rights Act of 1964, along with FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA, as applicable.

The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms and Conditions. Additional information on civil rights provisions is available at FEMA Civil

Rights.

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Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7 or other applicable regulations.

In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment.

c. Environmental Planning and Historic Preservation (EHP) Compliance

As a federal agency, 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

FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable.

Recipients and subrecipients proposing projects that have the potential to impact the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA in order to determine whether the proposed project has the potential to impact environmental resources including, but not limited to, threatened or endangered species and historic properties; and identify mitigation measures and/or alternative courses of action that may lessen any impact to those resources.

In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not in compliance with applicable EHP laws, Executive

Orders, regulations, and policies. FEMA may recommend mitigation measures and/or alternative courses of action to lessen any impact to environmental resources and bring the project into compliance with EHP requirements.

Guidance on the EHP process is found at Environmental Planning and Historic Preservation.

The site contains links to various documents including those identifying agency EHP responsibilities and program requirements, such as implementation of the National

Environmental Policy Act and other EHP laws, regulations, and Executive Orders. DHS and

FEMA EHP policy is also found in the EHP Directive & Instruction.

All FEMA actions, including grant-funded actions, must comply with National Flood

Insurance Program criteria or any more restrictive federal, state, or local floodplain management standards or building code (44 CFR § 9.11(d)(6)).

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All FEMA-funded non-critical actions in 1% annual chance floodplains (also known as 100-year floodplains) that involve new construction or substantial improvement of structures must be elevated, at a minimum, to the lower of:

• Two feet above the 1% annual chance flood elevation (also known as the base flood elevation), in accordance with the Federal Flood Risk Management

Standard (FFRMS) “Freeboard Value Approach” (FVA); or

• The 0.2% annual chance flood elevation. Where 0.2% annual chance flood elevations are not available, such actions must be elevated to at least two feet above the 1% annual chance flood elevation.

All FEMA-funded critical actions in 1% annual chance floodplains or 0.2% annual chance floodplains (also known as 500-year floodplains) that involve new construction or substantial improvement of structures must be elevated, at a minimum, to the higher of:

• Three feet above the 1% annual chance flood elevation; or

• The 0.2% annual chance flood elevation.