FY 2024 HMEP Tribal NOFO.pdf

Notice of Funding Opportunity

Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant

Fiscal Year (FY) 2024

NOFO Posted Date:

Applications Due Date:

Questions Due Date:

February 20, 2024 April 5, 2024, 11:59 p.m. EST April 5, 2024, 11:59 p.m. EST

Applicants must be registered at www.grants.gov to apply online. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays in submission. Additionally, applicants must maintain an active registration in the System for Award Management at www.SAM.gov.

Furthermore, applicants are encouraged to register for an account with FedConnect at www.fedconnect.net before applying. FedConnect is a messaging platform where applicants can communicate directly with PHMSA. Your organization’s Marketing Partner ID Number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how it works, click on the link to access the FedConnect: Ready, Set, Go! Tutorial on the FedConnect home page.

Assistance Listing (formerly CFDA)

20.703 “Interagency Hazardous Materials Public Sector Training and Planning Grants”

PHMSA Notice of Funding Opportunity Number

693JK324NF0007

U.S. Department of Transportation

Pipeline and Hazardous Materials

Safety Administration

(PHMSA)

http://www.grants.gov/ http://www.sam.gov/ https://www.fedconnect.net/ https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf

NOFO: 693JK324NF0007

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Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant

Table of Contents

MISSION

SECTION A - PROGRAM DESCRIPTION

A.1 Statement of Purpose

A.2 Statute and Program Authority

A.3 Background

SECTION B - FEDERAL AWARD INFORMATION

B.1 Funding

B.2 Period of Performance

B.3 Type of Award

SECTION C - ELIGIBILITY INFORMATION

C.1 Eligible Applicants and Activities

C.2 Cost Sharing or Matching

SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package

D.2 Content and Form of Application Submission

D.3 Unique Entity Identifier (UEI) and System for Award Management (SAM)

D.4 Submission Dates and Times

D.5 Funding Restrictions

D.6 Other Submission Requirements

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Criteria

E.2 Review and Selection Process

E.3 FAPIIS Review

E.4 Anticipated Announcement and Federal Award Dates

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices

F.2 Administrative and National Policy Requirements

F.3 Reporting Requirements

SECTION G - FEDERAL AWARDING AGENCY CONTACTS

SECTION H - OTHER INFORMATION

U.S. DOT/PHMSA Page 3 Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant

PROGRAM SUMMARY

Federal Agency Name:

Funding Opportunity Title:

Announcement Type:

Funding Opportunity Number:

Assistance Listing Number:

NOFO Posted Date:

Application Due Date:

Question Due Date:

U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration

(PHMSA)

“Hazardous Materials Emergency Preparedness Tribal Grant – FY 2024”

Initial Announcement

693JK24NF0007

20.703

February 20, 2024 April 5, 2024, 11:59 p.m. EST April 5, 2024, 11:59 p.m. EST

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MISSION

The U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) protects people and the environment by advancing the safe transportation of energy and other hazardous materials (HAZMAT) that are essential to our daily lives. To do this, PHMSA establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents. PHMSA also prepares the public and first responders to reduce consequences if an incident does occur. To accomplish this, PHMSA awards financial assistance to states, territories, tribes, and nonprofit organizations to ensure industry compliance with the Hazardous Materials Regulations (HMR).

SECTION A - PROGRAM DESCRIPTION

A.1 Statement of Purpose

This funding opportunity is associated with Assistance Listing 20.703. Through this Notice of Funding Opportunity (NOFO), PHMSA solicits applications from federally recognized tribes and tribal organizations for Hazardous Materials Emergency Preparedness (HMEP) funding to carry out HAZMAT planning and training activities to ensure the safe transport of HAZMAT.

The Department seeks to fund projects that advance the Departmental priorities of safety, equity, climate and sustainability, and workforce development, job quality, and wealth creation as described in the USDOT Strategic Plan, Research, Development and Technology Strategic Plan, and in Executive Orders2. PHMSA’s goal is to ensure responders who receive training under the grant will be able to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of HAZMAT. PHMSA’s goal for planning activities is to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under tribal jurisdiction.

PHMSA requires that applicants identify specific training and planning projects based on jurisdictional needs and maintain a record of the following: 1) number trained; 2) course type;

3) cost of training; 4) number of emergency response plans developed; 5) number of commodity flow studies completed; 6) number of exercises conducted; 7) location of training; and 8) a detailed accounting and description of each grant expenditure, including the amount of and purpose for each expenditure. PHMSA measures performance based on the projects included in the approved grant application and whether those projects fulfilled the training and planning needs outlined in the statement of need.

2 Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (86 FR 7619).

Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (86 FR 7009). Executive Order 14025, Worker Organizing and Empowerment (86 FR 22829), and Executive Order 14052, Implementation of the Infrastructure Investment and Jobs Act (86 FR 64335).

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transportation.gov%2Fdot-strategic-plan&data=05%7C01%7Cgary.smith%40dot.gov%7C84946ebcc4164e79e35f08dbf59bc0dc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638373823296822030%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=0oBTTYAR3SmASL9JgrgZ0ko%2BM%2FQNbt3pOta0nj%2BbfuA%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transportation.gov%2Fsites%2Fdot.gov%2Ffiles%2F2023-01%2FUSDOT%2520RDT%2520Strategic%2520Plan%2520FY22-26_010523_508.pdf&data=05%7C01%7Cgary.smith%40dot.gov%7C84946ebcc4164e79e35f08dbf59bc0dc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638373823296822030%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=SYyHH7i%2Fv5uDnoScU51rntucED2EBL02ixDeyMHod30%3D&reserved=0

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PHMSA requires that applicants comply with all applicable federal financial assistance regulations and maintain an auditable accounting system that includes a detailed accounting and description of each grant expenditure. PHMSA measures performance based on the projects included in the approved financial assistance application and whether those projects fulfilled the needs outlined in the statement of need.

A.2 Statute and Program Authority

The HMEP program is authorized under 49 U.S.C. § 5116 and is governed by program regulations in 49 CFR Part 110, and federal grants administration regulations at 2 CFR Part 200.

On December 4, 2015, the Fixing America’s Surface Transportation (FAST) Act was signed into law (Public Law No. 114-94). The FAST Act reauthorized the HMEP Grant Program. Section 7203 of the FAST Act amended 49 U.S.C. §5116 to combine planning and training grants into section 5116 (a).

A.3 Background

Congress authorized the HMEP grant program in 1990 under the Hazardous Materials Transportation Act (P.L. 101-615), codified at 49 U.S.C. § 5101 et. seq. Since its inception, the HMEP has been fully funded by registration fees collected from HAZMAT shippers and carriers who offer for transportation or transport certain HAZMAT in intrastate, interstate, or foreign commerce. Subject to the availability of funds, the HMEP grant is authorized in the amount of $21,988,000 for states, tribes, and territories. Of this amount, approximately $1,000,000 will be made available to federally recognized tribes and tribal nonprofit organizations. Federally recognized tribes and tribal nonprofit organizations must apply based on criteria established in 49 U.S.C. § 5116. Grantees are reimbursed for PHMSA-approved program expenses.

SECTION B - FEDERAL AWARD INFORMATION

B.1 Funding

This NOFO is subject to the availability of funds. PHMSA anticipates that $1,000,000 will be available for the FY 2024 HMEP Tribal Grant Program.

B.2 Period of Performance

The period of performance is 12 months from the effective date of the award. However, applicants may request up to 24 months if their project plans require additional time.

B.3 Type of Award

Discretionary grant award.

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SECTION C - ELIGIBILITY INFORMATION

C.1 Eligible Applicants and Activities

The FY 2024 HMEP Tribal Grant is open to federally recognized tribes and tribal nonprofit organizations, such as intertribal consortiums. PHMSA adopts the definition of federally recognized tribes in 25 U.S.C. § 5304(e). As such, “Indian tribe” is defined as any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village, or regional or village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. For the purposes of this grant, “intertribal consortium” as defined by 25 CFR § 1000.2 is a partnership between two or more tribes that is authorized by the governing bodies of those tribes to apply for and receive assistance under this program.

Eligible grant projects/expenses include, but are not limited to:

• Commodity flow studies

• Tabletop exercises

• Emergency response plans (creation and updates)

• HAZMAT response training

• HAZMAT training drills

• Training equipment

• HAZMAT training conferences

• Hazard mitigation plans

• Salaries/fringe benefits for HMEP program administrators

• Supplies to conduct training and planning activities

• Contract support costs related to HMEP planning and training activities

• Personnel overtime, backfill, and stipends, if the costs follow the HMEP Guidance on Backfill, Overtime and Stipends

C.2 Cost Sharing or Matching

In accordance with 49 U.S.C. § 5116(d), states and tribes must contribute a minimum of 20 percent matching share to the total cost of the grant project. The matching requirement must be satisfied by costs incurred by the grantee or by the value of in-kind contributions. All matching funds must meet the federal requirements as described in 2 CFR § 200.306 cost sharing or matching. Funds or costs used for matching purposes under any other federal grant or cooperative agreement may not be used for HMEP matching purposes.

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SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package

PHMSA requires applicants to apply electronically through grants.gov. Applicants must download the application package associated with this funding opportunity by following the directions provided on grants.gov.

To request a hard copy of the application package, please contact:

Hazardous Materials Grants Program Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE, E23-446 Washington, D.C. 20590 Phone: 202-366-1109 Fax: 202-366-3753 E-mail: HMEP.grants@dot.gov

If you are a hearing-impaired person, please contact the FR/TTY at 1-800-877-8339 or e-mail PHMSA-Accessibility@dot.gov.

D.2 Content and Form of Application Submission

Applications for FY 2024 HMEP Tribal Grant funding should be submitted in electronic format in grants.gov. The application includes two overall sections: (1) standard forms that the applicant must download and complete from grants.gov under the FY 2024 HMEP Tribal Grant funding opportunity; and (2) attachments the applicant will need to complete and upload.

Sharing of Application Information – The Department may share application information within the Department or with other federal agencies if the Department determines that sharing is relevant to the respective program’s objectives.

Standard Forms

The following forms are found in grants.gov under the FY 2024 HMEP Tribal Grant Funding Opportunity and must be completed by the applicant.

1. Standard Form SF-424 – Application for Federal Assistance

2. Standard Form SF-424A – Budget Information for Non-Construction Programs

3. Lobbying – Certification Regarding Lobbying.

4. Standard Title VI/Non-Discrimination Assurances – Civil Rights Assurances https://www.grants.gov/ mailto:HMEP.grants@dot.gov mailto:PHMSA-Accessibility@dot.gov

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Applicant Attachments

All of the following required forms must be completed by the applicant and uploaded to grants.gov under the FY 2024 Hazardous Materials Emergency Preparedness (HMEP) Tribal Grant Funding Opportunity. Guidance for completing the project narrative and budget narrative of the HMEP Tribal Grant Application is provided in the proceeding section.

1. HMEP Tribal Grant Application Form

• Project Narrative attachment

• Budget Narrative attachment

2. Indirect Cost Agreement and/or Statement claiming 10 percent de minimis (if applicable)

3. Letters of Support from partner organizations (if applicable)

4. Additional optional attachments (if applicable)

Applications should be well-written and free of mathematical errors in the line-item budget and budget narrative. The application forms and templates are available on grants.gov in the “Related Documents” tab with detailed instructions on the application process. Please also reference Section E to ensure that the application addresses the criteria on which PHMSA will evaluate.

HMEP Tribal Grant Application Form – Project Narrative (PARTS A – C, and E)

The following Project Narrative sections are required within the HMEP Tribal Grant Application Form. To facilitate the application review and award process, complete all sections of the application form.

PART A

1. Applicant Name and Address. Provide the name and address of the federally recognized tribes and tribal nonprofit organizations. If available, also provide a webpage URL address.

2. Contact Information. Identify the Authorized Representative, who will accept the award grant document, and provide their name, position, e-mail address, and telephone number.

Additionally, identify a program manager, who will coordinate the funded activities, and a financial representative, who will be responsible for the submission of required federal financial reports. If available, provide any additional points of contact.

3. Organization Information. Briefly provide information about your organization. This should include: (1) your organization’s mission; (2) a brief overview of your organization’s structure, programs, leadership, and special expertise; and (3) your organization’s experience and capacity to manage federal financial assistance programs.

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PART B

4. Transportation Fees. Identify whether the tribe or tribal organization assesses and collects fees on the transportation of HAZMAT and what percentage of the fees collected are used solely to carry out purposes related to the transportation of HAZMAT.

PART C

5. Planning and Training Needs Assessment. Describe the current capacity and any areas of deficiency as it concerns preparedness for the transportation of HAZMAT. This may include: (1) a discussion of whether the applicant has identified a need to assess transportation flow patterns of HAZMAT within its jurisdiction; (2) the number of HAZMAT preparedness plans that need updating; (3) the location and need for exercises involving preparation for incidents involved in transporting HAZMAT; (4) the number of responders needing training and the number of persons currently trained in other disciplines of response functions (e.g., number of firefighters, Emergency Medical Technicians (EMTs), Emergency Medical Services (EMS), etc.) who need this training.

6. Goals and Objectives. List the program goals and objectives for the HMEP Tribal Grant funds. Applications should also include long-term program objectives.

7. Planning and Training Activities. List and describe the proposed HMEP project activities to be undertaken during the period of performance. Provide the estimated cost of each activity and the projected start and end date. Each activity should correlate to the goals listed.

Provide quantifiable and measurable outputs planned for the grant’s period of performance. Outputs are quantitative data that describe the proposed activities. For delivery of HAZMAT training courses, projected outputs should include: (1) number and type of course(s); and (2) the number of projected students trained for each course.

8. Monitoring. Provide a description of the monitoring and evaluation of the activities that will be conducted to ensure that the grant activities are successfully carried out according to the activity timeline. Include an explanation of quality control measures, including but not limited to random examinations, inspections, and audits of planning activities, to maximize the cost effectiveness and impact of the program.

PART E

9. Statement of aggregate expenditures. Certify that the aggregate expenditures for

HAZMAT incident preparedness training and planning activities (exclusive of federal funds) will not fall below the average level of its expenditures for its last five fiscal years.

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10. Statement of training competencies. Certify that that all training activities conducted are consistent with the competencies identified in NFPA 470 or OSHA 29 CFR § 1910.120.

11. Statement of EPCRA compliance. Certify that the applicant is complying with Sections 301 and 303 of EPCRA (42 U.S.C. § 11001, § 11003).

12. Statement of 75 percent programmatic requirement. In Part E of application form, certify that 75 percent of grant funding will be used for HMEP programmatic activities and no more than 25 percent of federal funding will be used for maintenance and administration costs (M&A).

13. Statement of NIMS compliance. Certify that the applicant is compliant with the National Incident Management System (NIMS).

14. Statement of auditable accounting system. Certify that the person authorized to provide training agrees to have an auditable accounting system.

15. Tribal Emergency Response Commission (TERC) review of grant application. In Part E of the application form, certify that all members of the TERC were provided the opportunity to review the grant application.

Applicants should address how these activities will improve safety. Applicants should also review Section E, Application Review information, to ensure the narratives contain all information on which PHMSA will evaluate.

HMEP Tribal Grant Application Form – Budget Narrative (PART D)

The budget narrative explains how each budget component supports the cost of the proposed work. The budget narrative should focus on how each budget item is required to achieve the proposed project goals and objectives and justify how budget costs were calculated. Using the object class categories found on the SF-424A, explain why the amount is needed for each category in the project narrative.

Grant Funds, Sources and Uses of Project Funds – Project budgets should show how different funding sources will share in each activity and present the data in dollars and percentages. The budget should identify other federal funds the applicant is applying for, has been awarded, or intends to use. Funding sources should be grouped into three categories: non-federal, current application Hazardous Materials Emergency Preparedness Grants, and other federal with specific amounts for each funding source.

The budget narrative should be clear, specific, detailed, mathematically correct, and correspond to the SF-424A line-item categories.

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A well-developed budget narrative is an effective monitoring tool for both the awarding agency and grant recipient. However, a budget narrative that does not represent a project’s needs makes it difficult to recommend for full funding and to assess financial performance over the life of the project. A description of the object class categories is provided below:

1. Personnel costs are the employee salaries for those working directly on the grant project.

Include the number, type of personnel, the percentage of time dedicated to the project, hourly wage (or salary), and total cost to the grant.

2. Fringe Benefit costs are the allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages. Fringe costs are benefits paid to employees, including the cost of employer’s share of FICA, health insurance, workers’ compensation, and vacation. Include how the fringe benefit amount is calculated (e.g., actual fringe benefits estimate, approved rate, etc.). Include a description of specific benefits charged to a project and the benefit percentage.

Additional considerations:

• The personnel salaries should have corresponding fringe and vice versa. PHMSA cannot pay fringe benefits for a position that is not listed in the “Personnel” section.

• Explain what is included in the benefit package and at what percentage.

• Fringe benefits are only for the percentage of time devoted to the grant project.

• The applicant must not combine the fringe benefit costs with direct salaries and wages in the personnel category.

3. Travel costs are those costs requested for field work or travel to professional meetings associated with grant activities. Provide the purpose, method of travel, number of persons traveling, number of days, and estimated cost for each trip. If the details of each trip are not known at the time of application submission, provide the basis for determining the amount requested.

4. Equipment costs include those items that are tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, unless the applicant has a clear and consistent written policy that determines a different threshold. Include a description, quantity, and unit price for all equipment.

• Purchases of less than $5,000 should be listed under “Supplies” or “Other.”

• Each item of equipment must be identified with the corresponding cost. General-purpose equipment must be justified as to how it will be used on the project.

• Analyze the cost benefits of purchasing versus leasing equipment, particularly high-cost items and those subject to rapid technical advances. Depending upon the

U.S. DOT/PHMSA Page 12 procurement method, list rented or leased equipment costs in the “Contractual” or “Other” category.

5. Supplies are tangible personal property other than equipment. Include the types of property in general terms. It is not necessary to document office supplies in detail (e.g., reams of paper, boxes of paperclips, etc.). However, applicants should include a quantity and unit cost for larger cost supply items, such as computers and printers.

6. Contractual costs are those services carried out by an individual or organization, other than the applicant, in the form of a procurement relationship.

7. Other costs that do not fit any of the categories include rent for buildings used to conduct project activities, utilities, leased equipment, employee training tuition, etc. “Other” direct costs must be itemized.

8. Indirect Costs, if applicable, must include IDC agreement or statement claiming de minimis rate. Indirect costs are allowable under the HMEP grant. Indirect costs are incurred for common or joint objectives that benefit more than one project. The applicant must include a current and fully executed IDC agreement in the application, if claiming indirect costs. The rate must be applied to the appropriate base in the approved agreement. If the rate will not be approved by the application due date, attach the letter of renewal or letter of request that you sent to your cognizant agency to your application. If the applicant has never received or has an expired indirect cost rate agreement, the applicant may be eligible for the 10 percent de minimis rate provided by 2 CFR §

200.414. A nonprofit entity that has never received a negotiated indirect cost rate may elect to charge a de minimis rate of 10 percent of modified total direct costs, per 2 CFR § 200.414, which may be used indefinitely. Applicants intending to charge the de minimis rate must include a statement verifying that the organization has never received a negotiated indirect cost rate and that the organization has elected to charge the de minimis rate.

Sharing of Application Information – Except for the information properly marked as described in Section H, PHMSA may share application information within the Department or with other federal agencies if it is determined that sharing is relevant to the respective program’s objectives.

D.3 Unique Entity Identifier (UEI) and System for Award Management (SAM)

PHMSA may not make an award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements. If an applicant has not fully complied with the requirements by the time PHMSA is ready to make an award, PHMSA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making an award to another applicant. PHMSA recommends that applicants review the SAM database at https://sam.gov/content/home to ensure that their UEI is updated.

Each applicant is required to:

https://sam.gov/content/home

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• Register in SAM (SAM.gov) before submitting its application.

• Provide a valid UEI number in its application.

• Maintain an active SAM registration and UEI with current information when it has an active federal award or an application under consideration.

D.4 Submission Dates and Times

Completed applications must be received electronically by 11:59 p.m. EST on April 5, 2024. If an applicant has technical difficulties submitting the application through grants.gov, that applicant should contact grants.gov at 800-518-4726 or e-mail support@grants.gov, as well as contact the Grants Program Office by phone at 202-366-1109 or e-mail HMEP.grants@dot.gov.

Applications received after this deadline may not be considered.

D.5 Funding Restrictions

The following costs are not eligible for reimbursement under the FY 2024 HMEP Tribal Grant:

1. Fees for the state and local personnel receiving training

2. Entertainment, alcohol, or morale costs

3. Excessive costs for general office supplies, equipment, computer software, printing, and copying

4. Expenses not related to the transportation of HAZMAT

5. Expenses claimed and or reimbursed by another program

6. Expenses counted as match funds toward another federal program

7. Expenses that supplant existing operational funds/programs

8. Any costs disallowed or stated as ineligible in 2 CFR Part 200

9. Pre-award costs are not permitted without PHMSA’s prior approval consistent with 2

CFR § 200.458

Please note, the HMEP program now allows costs such as overtime, backfill, and stipends if the costs follow the HMEP Guidance on Backfill, Overtime and Stipends.

D.6 Other Submission Requirements

Applications will only be accepted via grants.gov. Mail and fax submissions will not be accepted.

The application package contains all required electronic forms and the ability to upload attachments for the budget narrative, budget justification, project narrative, assurances, and mailto:support@grants.gov

U.S. DOT/PHMSA Page 14 certifications. The applicant must submit the information outlined in the Application Guide in addition to the program-specific information below.

To begin the process, applicants must be registered with https://www.grants.gov/ to apply. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays with submission. Failure to comply with the application requirements as described in this section may result in the failure of an application to be reviewed.

Accessing Grants

1. Grants.gov. For new users, go to https://www.grants.gov/applicants/applicant-registration or go to the main page at https://www.grants.gov/ and select “Register.” New user registrations for grants.gov can take up to two weeks to complete. For additional questions on how to register, contact grants.gov support at 800-518-4726 or e-mail support@grants.gov.

2. FedConnect. Applicants are encouraged to register for an account with FedConnect at https://www.fedconnect.net before applying. Your organization’s Marketing Partner ID Number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how it works, click on the link to access the FedConnect: Ready, Set, Go! Tutorial. For other technical issues or questions, either e-mail fcsupport@unisonglobal.com or call 1-800-899-6665, option 2. The FedConnect Support Center is staffed Monday–Friday, 8 a.m.–8 p.m., EST, except federal holidays.

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Criteria

DOT is prioritizing projects that help to address transportation insecurity, which is the inability for people to get to where they need to go to meet the needs of their daily life regularly, reliably, and safely due to either the high cost of transportation, lack of access, or lack of safe transportation options. When identifying projects, applicants should consider how the project will increase safety. PHMSA will evaluate applications through administrative, technical, and programmatic reviews based on the evaluation criteria.

Merit Criteria:

PHMSA developed evaluation criteria to rate and select competing applications. Within the application, demonstrate the extent to which the activities will impact the safe transport of hazardous materials. Submission of an application is not a guarantee of award. PHMSA may, at its discretion, award a grant based on an application in its entirety, award only portions of a grant based on its application, or not award a grant at all.

https://www.grants.gov/ https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/applicants/applicant-registration https://www.grants.gov/ mailto:support@grants.gov https://www.fedconnect.net/ mailto:fcsupport@unisonglobal.com

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1. Technical Criteria

• Does the application contain a planning and training needs assessment that identifies the current capacity and any areas of deficiency as it concerns preparedness for the transportation of HAZMAT?

• Does the application list the program goals and objectives for the grant funds?

• Does the application contain planning and training activities that align with the HMEP grant program guidelines?

• Do the activities listed appear to be allowable, allocable, necessary, and reasonable?

• Does the application adequately describe the proposed activities?

• Does the application provide costs and a reasonable timeline of proposed grant activities?

• Does the application provide a description of the monitoring and evaluation of the proposed activities?

2. Programmatic Criteria

• Does the applicant provide an explanation of whether fees are assessed and collected for the transportation of HAZMAT, and if so, are the fees used only to carry out a purpose related to transporting hazardous material?

• Does the applicant provide a statement certifying that the person authorized to provide training agrees to have an auditable accounting system?

• Does the applicant provide a statement certifying that 75 percent of grant funding will be used for HMEP programmatic activities, and no more than 25 percent of federal funding will be used for maintenance and administration costs (M&A)?

• Does the applicant provide a statement indicating that all members of the Tribal Emergency Response Commission (TERC) were provided the opportunity to review the grant application?

• Does the applicant provide the types and amounts of hazardous material transported in the state or on such land?

• Does the applicant provide the past record of the state effectively managing planning and training grants?

• Does the applicant direct funds of activities to underserved communities?

• Did the applicant provide a completed and properly filled out SF-424 form?

• Did applicant submit a completed lobbying form and Title VI form?

• Do the budget (SF-424A) and budget narrative align?

• Does the budget narrative provide detail as to how the costs under “Personnel” correspond to the staff included in the narrative and how they were calculated?

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• Does the budget narrative provide an explanation or breakout of the staff “Fringe Benefits?”

• If there are funds entered under “Travel,” does the budget narrative provide a clear and reasonable explanation that relates to the costs?

• Does the budget narrative identify supply costs and are the costs adequately explained?

• If there are funds under “Contractual,” does the budget narrative clearly describe how contractual costs were derived for each agreement or subaward?

• If there are costs under “Other,” have the costs been reasonably explained?

• If indirect costs are requested, does the application/budget narrative include an approved, current Indirect Cost Rate agreement or statement claiming the 10 percent de minimis rate?

Selection Considerations:

After completing the merit review, PHMSA may prioritize applications based on:

1. Safety – PHMSA may consider how the proposed grant funded activities provide substantial safety benefits compared to existing conditions.

2. Equity – PHMSA may consider the application’s ability to encourage equity by investing in activities that proactively mitigate safety risks in disadvantaged communities. Potential applicants may find it useful to utilize USDOT Equitable Transportation Community (ETC) Explorer to determine disadvantage community status.

E.2 Review and Selection Process

1. Administrative Review: PHMSA will conduct an administrative review to ensure the application meets the eligibility criteria outlined in Section C on Eligibility Information.

Each application will be reviewed for completeness to ensure it includes all the required elements to qualify for the grant. If the application does not meet the required elements, then the application is likely to be rejected.

2. Technical Review: PHMSA will conduct a technical review of the application to assess how the proposed work is to be performed and whether the application(s) addresses the applicable program requirements (e.g., performance measurement, methodology, and technical merit). PHMSA reserves the right to use outside expertise to perform application evaluation. PHMSA will utilize the technical review criteria in Section E.1 to determine how the applications address the needs for outreach and training.

3. Programmatic Review: PHMSA will conduct a programmatic review to assess programmatic factors identified in Section E.1. Programmatic factors are those factors that are relevant and essential to the process of selecting applications that best achieve the https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/ https://experience.arcgis.com/experience/0920984aa80a4362b8778d779b090723/page/Homepage/

U.S. DOT/PHMSA Page 17 program’s objectives, in accordance with applicable statutes, regulations, policies, and guidelines. Other programmatic factors may include history of performance, program priorities, and other modal needs. For applicants with existing awards, PHMSA may consider award balances when making final funding decisions.

Please note that to comply with the requirements of 2 CFR Part 200, Subpart E, and DOT’s Guide to Financial Assistance, PHMSA’s Agreement Officers and Grant Specialists may request additional information pertaining to your application during the application review and evaluation process.

Rating Guidelines

Based on these results from each review, each application will receive an overall rating either as:

Highly Recommended - The application demonstrates that the NOFO requirements are very well understood, and the approach will likely result in a very high-quality performance. The application clearly addresses and exceeds requirements with no weaknesses. The application contains outstanding features that meet or exceed, on multiple dimensions, the expectations of the government. The application scope aligns very well with DOT objectives and priorities. The risk of poor performance is very low.

Recommended - The application demonstrates that the NOFO requirements are understood, and the approach will likely result in satisfactory performance. The application addresses and meets requirements with some minor but correctable weaknesses. The application demonstrates requisite experience, qualifications, and performance capabilities. The application scope aligns with DOT objectives and priorities. The risk of poor performance is low.

Acceptable - The application demonstrates that the NOFO requirements are mostly understood, and the approach will likely result in satisfactory performance for part of the requirements. The application addresses some of the requirements with some weaknesses.

The application demonstrates some experience, qualifications, and/or performance capabilities. The application partially aligns with DOT objectives and priorities. The risk of poor performance is moderate.

Not Acceptable - The application does not meet the NOFO requirements. The application fails to address many requirements. The applicant may be ineligible to apply for the grant. The application could not satisfy critical requirements without a major revision and/or a rewrite of the application or a major redirection effort. The application scope does not align with DOT objectives and priorities. The risk of poor performance is high.

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Selection Process

PHMSA will recommend applications for award based on the final overall rating as described above. Final award recommendations will be made by PHMSA’s Associate Administrator for the Office of Hazardous Materials Safety after taking into consideration recommendations made during the administrative, technical, and programmatic reviews and how well the applications address PHMSA’s safety priorities. The PHMSA Administrator will make final award selection decisions.

E.3 FAPIIS Review

Prior to making an award, PHMSA is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS) (see 41 U.S.C. § 2313). An applicant may review and comment on any information that a federal awarding agency previously entered in the system and is accessible through SAM. PHMSA will consider the applicant’s comments, business integrity, ethics, record of performance under federal awards, and other information in the performance system when making a judgement about their review of risk as described in 2 CFR § 200.205.

E.4 Anticipated Announcement and Federal Award Dates

Applicants chosen for funding will receive electronic notification of the federal award. Upon notification, the applicant’s authorized official must sign and return the award within the timeframe prescribed by PHMSA. PHMSA plans to make awards by August 31, 2024, with a proposed period of performance start date of October 1, 2024.

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices

PHMSA’s grant awarding official will award grants to responsible and eligible applicants, at its discretion, whose applications are judged most meritorious under the procedures set forth in this NOFO. All funds provided by PHMSA must be expended solely for the purpose for which the funds are awarded in accordance with the approved application and budget, regulations, terms and conditions of the award, applicable federal cost principles, and DOT’s financial assistance regulations. Funds may not be used for lobbying or litigation.

The grant award, signed by both the PHMSA Agreement Officer and the recipient’s Authorized Representative, is the authorizing document and will be provided through electronic means to the Authorized Representative. The award document will provide pertinent instructions and information including, at a minimum, the following:

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1. The legal name and address of recipient

2. Title of project

3. Name(s) of key personnel chosen to direct and control approved activities

4. Federal Award Identification Number assigned by PHMSA

5. Period of Performance, specifying the duration of the project

6. Total amount PHMSA approved for the project

7. Legal authority under which the award is issued

8. Assistance Listing Program Number (formerly CFDA)

9. Applicable award terms and conditions

10. Approved budget plan for categorizing allocable project funds to accomplish the stated purpose of the award

11. Other information or provisions deemed necessary by PHMSA

F.2 Administrative and National Policy Requirements

The administration of this award by PHMSA and the Recipient will be based on the following federal statutory and regulatory requirements:

1. 49 U.S.C. § 5116.

2. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards.

3. The Recipient must comply with 49 CFR Part 20, “New Restrictions on Lobbying.”

49 CFR Part 20 will be incorporated by reference into any award under this program and is available at www.ecfr.gov/ by clicking on Title 49 CFR Part 20.

4. Civil Rights and Title VI - As a condition of a grant award, grant recipients should demonstrate that the recipient has a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR Part 21), the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act, all other civil rights requirements, and accompanying regulations. This should include a current Title VI plan, completed Community Participation Plan, and a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards. DOT’s and the applicable Operating Administrations’ Office of Civil Rights may work with awarded grant recipients to ensure full compliance with federal civil rights requirements.

5. The Recipient must comply with 49 CFR Part 32, “Government-wide Requirements for Drug Free Workplace (Financial Assistance),” which implements the requirements of Public Law 100-690, Title Subtitle D, “Drug-Free Workplace Act of http://www.ecfr.gov/

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1988.” 49 CFR Part 32 will be incorporated by reference into any award under this program and is available at: www.ecfr.gov/ by clicking on Title 49 CFR Part 32.

6. Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Throughout the Federal Government.

F.3 Reporting Requirements

Progress Reports – Each grant recipient is required to submit a progress report to show progression of approved projects and activities. The reports must follow the instructions outlined in the terms and conditions of the grant award. Grant recipients with a period of performance that is longer that 12 months are required to submit annual progress reports. Grant recipients with a performance period of 12 months need only submit a final progress report (refer to section below). Grant recipients must follow the instructions outlined in the terms and conditions of the grant award.

Federal Financial Reports – Each grant recipient is required to submit Federal Financial Reports (SF-425) to show a cumulative account of expenditures from approved activities. Grant recipients with a 12 to 24-month period of performance are required to submit bi-annual Federal Financial Reports and must follow the instructions outlined in the terms and conditions of the grant award.

Final Reports – Each recipient is required to submit a final Progress Report and final Federal Financial Report (Final SF-425). Final Federal Financial Reports and Progress Reports must be submitted by email at HMEP.grants@dot.gov. The reports are due no later than 120 days after the performance period has ended. Final reports must follow the instructions outlined in the terms and conditions of the grant award.

All applications and reports will be made available to the public upon request.

Performance and Program Evaluation: As a condition of grant award, grant recipients may be required to participate in an evaluation undertaken by DOT or another agency or partner. The evaluation may take different forms such as an implementation assessment across grant recipients; an impact and/or outcomes analysis of all or selected sites within or across grant recipients; or a benefit/cost analysis or assessment of return on investment. DOT may require applicants to collect data elements to aid the evaluation and/or use information available through other reporting. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor or DOT staff; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) in the case of an impact analysis, facilitate the access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT staff.

Recipients and subrecipients are also encouraged to incorporate program evaluation, including associated data collection activities from the outset of their program design and implementation, https://www.ecfr.gov/

U.S. DOT/PHMSA Page 21 to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges federal awarding agencies and federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle.

Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.”

5 U.S.C. § 311. Credible program evaluation activities are implemented with relevance and utility, rigor, independence and objectivity, transparency, and ethics (OMB Circular A-11, Part 6 Section 290).

For grant recipients receiving an award, evaluation costs are allowable costs (either as direct or indirect), unless prohibited by statute or regulation, and such costs may include the personnel and equipment needed for data infrastructure and expertise in data analysis, performance, and evaluation. (2 CFR Part 200). This paragraph does not authorize pre-award costs, and grant recipients must separately obtain PHMSA’s written approval to fund pre-award costs consistent with 2 CFR § 200.458.

SECTION G - FEDERAL AWARDING AGENCY CONTACTS

Questions related to the content of this funding opportunity should be submitted to the point of contact below or email HMEP.grants@dot.gov.

Program Contact Carla Sheppard Phone: 202-366-1109 E-mail: Carla.Sheppard@dot.gov

SECTION H – OTHER INFORMATION

Given the complexity of some aspects of the application process, technical assistance is available to rural applicants and inexperienced or under-resourced applicants to help with the application process. The program point of contact is listed in Section G for technical assistance.

Protection of Confidential Business Information - All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may cross-reference from the application narrative or other portions of the application. For the separate document containing confidential information, the applicant must do the following: (1) state on the cover of that document that it “Contains mailto:Carla.Sheppard@dot.gov

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Confidential Business Information (CBI);” (2) mark each page that contains confidential information with “CBI;” (3) highlight or otherwise denote the confidential content on each page;

and (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. DOT will protect confidential information complying with these requirements to the extent required under applicable law. If DOT receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, DOT will follow the procedures described in its FOIA regulations at 49 CFR §

7.29. Only information that is in the separate document, marked in accordance with this section and ultimately determined to be confidential under § 7.29, will be exempt from disclosure under

FOIA.

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Tentative Grant and Cooperative Agreement - Award Terms and Conditions (updated January…