FY23 Exchange Network Solicitation Notice.pdf

Fiscal Year 2023 National Environmental Information Exchange Network Grant Program Solicitation Notice

Overview Information

Agency Name and Office:

U.S. Environmental Protection Agency Office of Mission Support – Environmental Information

Funding Opportunity Title:

FY 2023 National Environmental Information Exchange Network Grant Program

Announcement Type:

Initial Request for Applications

Funding Opportunity Number:

EPA-OMS-23-01

CFDA Number:

66.608

Key Information Dates:

Friday, June 2, 2023 – Deadline for submitting applications to EPA Saturday, October 1, 2023 – Period of performance (project) start date for successful applicants

Table of Contents

I. Funding Opportunity Description

I-A. Background 4 I-B. EN Assistance Activities and Funding Areas 4 I-C. Environmental Results Supported by Assistance Activities 6 I-D. Additional Provisions for Applicants Incorporated into the Solicitation

II. Award Information 8

II-A. General Information 8 II-B. Types of Assistance 10

III. Eligibility Information

III-A. Eligible Applicants 11 III-B. Threshold Eligibility Criteria for Applications 12 III-C. Funding Restrictions 13 III-D. Eligibility Criteria for Exchange Network Partnership Applications 14 III-E. Cost Sharing or Matching

III.F. Performance Partnership Grants (PPG) 14

IV. Application and Submission Information 15 IV-A. Submission Date and Time 16 IV-B. Partnership Agreements

IV-C. Statutory Prohibition on Certain Telecommunications and Video Surveillance Equipment Services 17

V. Application Review Information 17 V-A. Evaluation Criteria 17 V-B. Review and Selection Process 21 V-C. Anticipated Award Dates 22

VI. Award Administration Information 22 VI-A. Award Notification 22 VI-B. Administration and National Policy Requirements 23 VI-C. Reporting 23

VII. Agency Contacts 24

B1

D2

E10

E11

Appendices Appendix A: EN Project Opportunities Under Funding Area 1

A1 Appendix B: EN Project Opportunities Under Funding Area 2 Appendix C: EN Project Opportunities Under Funding Area 3 C1 Appendix D: Reusability, EEDS, and Budget Guidance and Resources

D1 Identifying Items for Reuse D1 Alignment with the E-Enterprise Digital Strategy (EEDS) How to Correctly Calculate and Capture a Project Budget Across Application Attachments D4 Indirect Cost Rate Example D8 Additional Budget Resources D8

Appendix E: Detailed Instructions for Preparing and Submitting Application

E1 Attachment 1: Cover Letter E2 Attachment 2: The Project Narrative E2 Attachment 3: The Budget Narrative Attachment Form Attachment 4: Application for Federal Assistance (SF-424)

E11 Attachment 5: Budget Information for Non-Construction Programs (SF-424A) Attachment 6: Key Contacts Form E11 Attachment 7: Pre-Award Compliance Review E11 Attachment A: Negotiated Indirect Cost Rate Agreement

E11 Attachment B: Information for Inter-Tribal Consortium E12 Attachment C: Formal Project Partners E12 Attachment D: Formal Project Mentors E13 Attachment E: List of Prior Exchange Network Assistance Agreements E13 Attachment F: Documentation Certifying Applicant Status as an Instrumentality of the State or Tribe E13 Detailed Instructions for Submitting Applications E13

Appendix F: Optional Pre-Submission Checklist F1 Appendix G: Glossary of Terms/Phrases G1

Note: A User’s Guide to the Appendices

- Appendices A – C: In the context of the Exchange Network Grant Program, the phrase ‘EN project opportunities’ refers to specific project write-ups that provide potential applicants with the information needed to design a proposal for a particular data exchange, data service, or project type. These write-ups contain essential descriptions and background information, suggested project activities and estimated costs, and helpful links and resources. Applicants can apply under one or multiple EN project opportunities or propose projects that do not have a specific EN project opportunity write-up (see I-B. EN Assistance Activities and Funding Areas).

Appendix D-G: These appendices provide additional guidance on reusability, technical approaches, budgeting, attachments, agency application submission policy, an optional checklist tool, and a glossary of key terms used within this solicitation. Applicants should review and visit the resources listed in these appendices to ensure their submissions are accurate and complete.

I. Funding Opportunity Description The EPA Exchange Network Grant Program is soliciting project applications to support the Environmental Information Exchange Network (EN) to:

Facilitate sharing of environmental data, especially through shared and reusable services.

Reduce burden and avoid costs for co-regulators and the regulated community.

Streamline data collection and exchanges to improve its timeliness for decision making.

Increase the quality and access to environmental data through discovery, publishing, outbound and analytical services so it is more useful to environmental managers.

Increase data and IT management capabilities needed to fully participate in the EN.

Section I-B summarizes the Fiscal Year (FY) 2023 EN Funding Areas and provides links to activities (as detailed in Appendices A, B, and C) which are eligible for funding.

FY 2023 is the twenty-first year EPA will award competitive funding to eligible recipients for projects through the Exchange Network Grant Program. Between FY 2002 and FY 2022, EPA provided approximately $260 million for state, tribal, and territorial awards and associated program support through the grant program. As of February 1, 2023, all 50 states and the District of Columbia, 86 tribes, and 5 territories have received EN assistance agreements. For descriptions of previously awarded EN assistance agreements, please see:

https://www.epa.gov/exchangenetwork/previous-exchange-network-grant-projects.

I-A. Background The Exchange Network (EN) was launched in 2002 as an inter-governmental, collaborative partnership of EPA, states, territories, and tribes to foster better environmental management and decision-making through increased access to timely, high quality environmental information. This was achieved through a standards-based approach to facilitate environmental data sharing among EPA, states, tribes, and territories. The framework adopted allows organizations to exchange data over the Internet regardless of the specific information technology used. For more information on the EN, see https://www.epa.gov/exchangenetwork and http://www.exchangenetwork.net/.

Over the last two decades, the EN has adapted approaches to reflect evolving technologies and programmatic needs. See the E-Enterprise Digital Strategy (EEDS) guidance in Appendix D for more information.

I-B. EN Assistance Activities and Funding Areas This EN Grant Program Solicitation Notice requests states, tribes, inter-tribal consortia, and territories submit applications with goal(s) supporting one or more of the three (3) EN funding areas. EN assistance agreement applicants can apply under one, or multiple, of the three FY23 EN funding areas listed below within a single application. Applicants should note that all three EN funding areas are of equal priority and that there is no preference given for applications which support more than one.

Please note that the phrase ‘EN project opportunities’ in the context of the EN Grant Program refers to the specific EPA data flow/project write-ups in Appendices A-C that fall under one of the three EN Funding Areas below. These project opportunity write-ups (which are listed and hyperlinked below) include a project description, relevant program status and plans, suggested project activities and estimated costs, and additional links and resources. Applicants are encouraged to use the suggested potential activities as project goals or objectives, as applicable.

http://www.exchangenetwork.net https://www.epa.gov/exchangenetwork https://www.epa.gov/exchangenetwork/previous-exchange-network-grant-projects

......... A9 s

B11 B13

B15

B18

B19

C2

The FY23 EN Funding Areas and associated EN project opportunities include:

Funding Area 1: Increased Data Access and Innovative Business Processes.

- EN project opportunities under EN Funding Area 1 are detailed in Appendix A and include:

• EN Services

• Virtual Exchange Service (VES).............................................................................................. A2

• Shared CROMERR Services (SCS)......................................................................................... A3

• Substance Registry Services (SRS)........................................................................................... A5

• Innovative Business Processes

• Advanced Water Quality Monitoring Using Sensor Technologies . A7

• Open Data, Data Modern., & Digital Transform. Projects incl. Geospatial Data

- EN project opportunities under EN Funding Area 1 are open to both individual applicants (up to $300,000) and eligible EN partnerships (up to $500,000).

Funding Area 2: Eliminate paper submittals and expand e-reporting.

- EN project opportunities under EN Funding Area 2 are detailed in Appendix B and include:

• Air

• Emission Inventory System (EIS) ........................................................................................... B2

• Combined Air Emissions Reporting (CAER) ....................................................................... B3

• Enforcement and Compliance

• Integrated Compliance Information System (ICIS) Digital Services ................................. B5

• Electronic Reporting of Nat. Pollutant Discharge Elimin. System (NPDES) Data. ...... B7

• Waste

• Resource Conservation and Recovery Act Information System (RCRA Info) ............B9

• Water

• eBeache B10

• Safe Drinking Water Information System (SDWIS)

• Water Quality Exchange (WQX)

• Assessment TMDL Tracking And ImplementatioN System (ATTAINS)

• Drinking Water State Revolving Fund & Clean Water State Revolving Fund .............B17

• Underground Injection Control (UIC) Data Availability Projects

• Other Data Exchanges

• Facility Registry Service (FRS)

- EN project opportunities under EN Funding Area 2 are open to both individual applicants (up to $300,000) and eligible EN partnerships (up to $500,000).

Funding Area 3: Augment the information management capacity of EN partners.

- Note: The “EN project opportunities” found within Appendix C are only available to U.S.

Territories, federally recognized Indian tribes and Alaska Native Villages, and inter-tribal consortia of federally recognized tribes (e.g., the Northwest Indian Fisheries Commission).

• State applicants or applicants who are instrumentalities of the state or a tribe (see Section III-A) are not eligible for projects under Funding Area 3.

- EN project opportunities under EN Funding Area 3 are detailed in Appendix C and include:

• Individual Capacity Building

Individual applicant opportunity (up to $300,000)

• Individual Capacity Building with Mentorship................................................................ C3

Individual applicant opportunity with mentorship support and optional mentor funding (up to $315,000)

• Collaborative Capacity Building ...................................................................................... C5 EN Partnership opportunity (up to $500,000)

Applicants should specifically state which EN funding area(s) and EN project opportunities they are applying under within the ‘Project Description’ section of their project narrative. For example, an applicant who proposes a project incorporating both the EN project opportunities ‘Water Quality Exchange (WQX)’ and ‘Individual Capacity Building’ should explicitly name both of these EN project opportunities and state that these opportunities support EN Funding Area 2 (WQX) and EN Funding Area 3 (Individual Capacity Building).

Applicants may also propose projects that include activities other than the options listed in Appendices A, B, and C, provided they conform to EN technologies, services, and specifications. If an applicant is proposing a project which does not respond to a specific EN project opportunity, this should be clearly stated in the project narrative within the ‘Project Description’ section. The applicant should also note which EN Funding Area(s) would be supported by the proposed project. For example, a Toxic Release Inventory (TRI) data exchange project (which doesn’t relate to a specific EN project opportunity described in this RFA) supports the elimination of industry paper reporting and expansion of e-reporting. Therefore, this proposed project would fall under Funding Area 2: Eliminate paper submittals and expand e-reporting.

EPA will determine the eligibility of each applicant (see Section III-A). EPA will then evaluate applications from eligible applicants based on the evaluation criteria in Section V-A.

Applicants are responsible for reading and complying with the instructions and criteria described in this solicitation.

Before naming any entity as an “EN partner” or otherwise identifying any entity that will receive EPA funding through subaward (aka “subgrants”), procurement contracts, or any other financial transaction, EPA strongly recommends that applicants carefully review the ‘Contracts and Subawards’ clause in the EPA Solicitation Clauses, as well as other information in this Notice regarding financial relationships. See Section II-B for further information on subawards and contracts.

I-C. Environmental Results Supported by Assistance Activities This program is authorized by H.R.2617, the Consolidated Appropriation Act, 2023 (PL 117-328).

The activities to be funded under this announcement support multiple goals and objectives under EPA’s FY 2022-2026 Strategic Plan. Applicants are encouraged to read the full text at:

https://www.epa.gov/planandbudget/strategicplan.

Applicants must identify in the ‘project description’ section of their project narrative which goal(s) and objective(s) from the EPA Strategic Plan are supported by their proposed project. Include both the number and title of each supported goal and objective (e.g., ‘Goal 1: Tackle the Climate Crisis, Objective 1.2 Accelerate Resilience and Adaption to Climate Change Impacts’), and briefly describe for each how they will be supported by the proposed project.

https://www.epa.gov/grants/epa-solicitation-clauses https://www.congress.gov/bill/117th-congress/house-bill/2617/text https://www.epa.gov/planandbudget/strategicplan

Proposed projects may support more than one strategic goal and objective, so applicants should list and describe all that apply from the following list:

Goal 1: Tackle the Climate Crisis o Objective 1.1 - Reduce Emissions that Cause Climate Change o Objective 1.2 - Accelerate Resilience and Adaptation to Climate Change Impacts o Objective 1.3 - Advance International and Subnational Climate Efforts

Goal 2: Take Decisive Action to Advance Environmental Justice and Civil Rights o Objective 2.1 - Promote Environmental Justice and Civil Rights at the Federal, Tribal, State and Local Levels Goal 3: Enforce Environmental Laws and Ensure Compliance o Objective 3.2 - Detect Violations and Promote Compliance Goal 4: Ensure Clean and Healthy Air for All Communities o Objective 4.1 - Improve Air Quality and Reduce Localized Pollution and Health Impacts o Objective 4.2 - Reduce Exposure to Radiation and Improve Indoor Air Goal 5: Ensure Clean and Safe Water for All Communities o Objective 5.1 - Ensure Safe Drinking Water and Reliable Water Infrastructure o Objective 5.2 - Protect and Restore Waterbodies and Watersheds

Goal 6: Safeguard and Revitalize Communities o Objective 6.1 - Clean Up and Restore Land for Productive Uses and Healthy

Communities o Objective 6.2 - Reduce Waste and Prevent Environmental Contamination o Objective 6.3 - Prepare for and Respond to Environmental Emergencies

Goal 7: Ensure Safety of Chemicals for People and the Environment o Objective 7.1 - Ensure Chemical and Pesticide Safety o Objective 7.2 - Promote Pollution Prevention

Applicants should also identify which EPA strategic goal and objective from the list above is most supported by each project goal as identified in the ‘Project Goals, Outputs, and Outcomes’ section of the project narrative. Applicants should only list one strategic goal and objective per project goal; if there are multiple options, applicants should choose the best fit. Please note that the same strategic goal and objective may be listed for multiple project goals.

Additionally, an applicant’s project narrative should include specific statements describing the environmental results of the proposed project. EPA requires that assistance agreement applicants adequately describe environmental outputs and outcomes to be achieved under assistance agreements (see EPA Order 5700.7A1) which clearly demonstrates how the project will contribute to the EPA strategic goals and objectives above. An example of how an applicant might capture supported strategic goals, objectives, and environmental results is available in the optional project narrative template.

I-D. Additional Provisions For Applicants Incorporated Into The Solicitation Additional provisions that apply to sections III, IV, V, and VI of this solicitation and/or awards made under this solicitation, can be found at EPA Solicitation Clauses. These provisions are important for applying to this solicitation and applicants must review them when preparing applications for this solicitation. If you are unable to access these provisions electronically at the website above, please contact the EPA point of contact listed in this solicitation (see Section VII) to obtain the provisions.

https://www.epa.gov/sites/production/files/2015-03/documents/epa_order_5700_7a1.pdf https://www.epa.gov/exchangenetwork/exchange-network-grant-program#Resources https://www.epa.gov/exchangenetwork/exchange-network-grant-program#Resources https://www.epa.gov/grants/epa-solicitation-clauses

II. Award Information

II-A. General Information In FY23, EPA expects to award approximately $9,500,000 in 25-35 assistance agreements of up to $500,000 each, depending on Agency funding levels, the quality of applications received, agency priorities, and other applicable considerations.

Most awards are expected to be in the $100,000 to $300,000 range. Applicants applying under an individual opportunity may request up to $300,000 in funding. Applicants applying under a partnership opportunity may request funds up to $500,000 if the partnership eligibility criteria outlined in Section III-D is met. An eligible applicant specifically applying under the Individual Capacity Building with Mentorship opportunity may request up to $315,000 if all requirements are met. Please see Section I-B for additional details about funding ranges.

The expected period of performance for each assistance agreement is three years.

EPA remains committed to awarding tribal assistance agreements equal to at least 20 percent of the appropriated funds. The actual award amounts and number of tribal assistance agreements awarded under the set-aside described in Section I may differ from the estimated amounts for many reasons including the number of meritorious applications received, agency priorities, and funding availability.

In addition, EPA reserves the right to increase or decrease (including decreasing to zero) the total number and amount of awards under this set-aside, or change the ratio of assistance agreements awarded.

Additional Awards: EPA reserves the right to make additional awards under this solicitation, consistent with Agency policy and guidance, if additional funding becomes available after the original selections are made. Any additional selections for awards will be made no later than 6 months after the original selection decisions.

Partial Funding: In appropriate circumstances, EPA reserves the right to partially fund applications by funding discrete portions or phases of proposed projects. If EPA decides to partially fund an application, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the application, or portion thereof, was evaluated and selected for award, and therefore maintains the integrity of the competition and selection process.

Performance Partnership Grants (PPGs) and Consolidated Grants (CGs): In 1996, Congress authorized EPA to award Performance Partnership Grants (PPGs). As a result, states, certain interstate agencies, and tribes can now choose to combine two or more environmental program grants into a single PPG. Territories may also consolidate their various grants through a single Consolidated Grant. An applicant whose organization has an existing Performance Partnership Grant (PPG) with EPA may request that any new grant recommended for funding be incorporated into the PPG.

Similarly, a territorial applicant whose territory has a Consolidated Grant (CG) with EPA may request new awards be incorporated into the CG. An applicant should include the PPG number or CG number in both their cover letter and project narrative. An applicant may also request to create a new PPG that includes the project proposed under this solicitation. Absent a request from the recipient for inclusion in or creation of a PPG or CG, EPA will award the grant in a stand-alone vehicle. See Section III-F for additional information on PPGs.

In-Kind Services:

EPA will consider grantee requests to use all or a portion of awarded grant funds to provide in-kind services to the recipient through an EPA contract vehicle. Applicants should request and justify project efficiencies they expect from this approach. EPA reserves the right to decide whether in-kind services will be provided. The recipient may not direct the work provided through in-kind services.

These services are managed by EPA.

Indirect Costs:

Indirect costs (IDCs) may be budgeted and charged by award recipients in accordance with 2 CFR Part 200. Indirect costs help ensure that grant recipients are compensated for costs incurred for allowable, allocable, and reasonable facilities and administrative costs that benefit EPA assistance agreements. These costs are for functions that are necessary to the general operations of the organization, such as space costs, utilities, accounting services, human resource services, etc. as well as other activities recipients carry out that may or may not be federally funded.

To charge indirect costs, an indirect cost rate agreements must be used according to 2 CFR 200.414 and must be valid until at least 9/30/2023.

Subawards and Contracts: EPA will consider applications where all or a portion of awarded assistance agreement funds will be distributed as a subaward or procurement contract. EPA strongly recommends that applicants interested in these funding mechanisms carefully review EPA’s Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements.

Applicants that intend to distribute all their EPA funding for subaward(s) and/or procurement contracts must explain how they will manage these transactions in compliance with applicable Federal requirements without EPA funding for personnel. EPA also reminds applicants that they remain accountable to EPA for proper expenditures of EPA funding, even in cases where they pass-through all funding to third parties. Applicants should not identify contractors, subrecipients or program participants unless they demonstrate that applicable requirements have been met.

Subawards: Under 2 CFR 200.1, a subaward is an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

Appendix A of EPA’s Subaward Policy provides detailed guidance on distinguishing between subawards and procurement contracts.

o Like grant recipients, subrecipients measure performance against program objectives, comply with award requirements, use funds to carry out program activities, and make programmatic decisions.

o Funds that are distributed to partnering organizations through eligible EN partnership awards to carry out assistance agreement activities for, and in coordination with, the lead applicant should be distributed as a subaward.

o Note that for-profit firms and individual consultants are not eligible for subawards without prior EPA approval, which is rarely provided. For profit firms and individual consultants are procurement contractors subject to state or Federal competitive procurement requirements.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20IV%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20IV%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRd93f2a98b1f6455/section-200.414 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-E/subject-group-ECFRd93f2a98b1f6455/section-200.414 https://www.epa.gov/sites/default/files/2021-03/documents/best-practice-guide-for-procuring-services-supplies-equipment.pdf?VersionId=gZcqfN8GrYeHErieycJVXxsZxab_lh4w https://www.epa.gov/sites/default/files/2021-03/documents/best-practice-guide-for-procuring-services-supplies-equipment.pdf?VersionId=gZcqfN8GrYeHErieycJVXxsZxab_lh4w https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1 https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward-policy-epa-assistance-agreement-recipients o Note: Subaward costs should be captured under the budget category ‘other’; see Appendix D for further information on including subaward(s) in a proposed project budget.

Contracts: A contractor operates in a competitive environment, with contractors providing goods and services to the assistance agreement recipient that are ancillary to program operations. Contractors are not subject to compliance requirements of the assistance agreement and must be selected in compliance with competition requirements specified in 2 CFR Part 200 as interpreted in EPA’s Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements.

o Note that as provided in 2 CFR 200.317, state agency applicants follow their own laws and policies with regard to competition requirements for procurement contracts, but other applicants are subject to the Procurement Standards in 2 CFR Part 200.

o Note that non-competitive procurement is not allowable without EPA approval, which is provided only in select cases. For example, non-competitive procurement may be allowable in situations where a contractor is the single proprietary source of a necessary software. Applicants must provide a detailed justification when using this procurement method. See 2 CFR 200.320(c) for more information.

o Note: Contractor/vendor costs should be captured under the budget category ‘contractual’ and calculated by multiplying the estimated projected hours by the estimated contractor rate. See Appendix D for further contract budget guidance

Note: Individual consultants are subject to an hourly wage cap of $84.48.

II-B. Types of Assistance EPA may award assistance agreements funded through the EN Grant Program as grants or cooperative agreements. Applicants should identify their preferred assistance agreement type (grant or cooperative agreement) in both their cover letter and project narrative. EPA will consider an applicant’s preferences when the Agency decides what type of assistance to award.

Grant: Grants represent direct funding to a recipient to support an identified project with defined environmental results. If the recipient does not identify a preference, EPA’s default award will be a grant.

Cooperative Agreement: A cooperative agreement is an assistance agreement that is used when there is substantial federal involvement with the recipient during the performance of an activity or project. EPA awards cooperative agreements for those projects in which it expects to have substantial interaction with the recipient throughout the recipient’s performance of the project. EPA will negotiate the precise terms and conditions of “substantial involvement” as part of the award process. Federal involvement may include close monitoring of the recipient’s performance; collaboration during the performance of the scope of work; in accordance with 2 CFR 200.317 and 2 CFR 200.318, as appropriate, review of proposed procurements, reviewing qualifications of key personnel, and/or review and comment on the content of printed or electronic publications prepared. EPA does not have the authority to select employees or contractors employed by the recipient. The final decision on the content of reports rests with the recipient.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.epa.gov/sites/default/files/2021-03/documents/best-practice-guide-for-procuring-services-supplies-equipment.pdf?VersionId=gZcqfN8GrYeHErieycJVXxsZxab_lh4w https://www.epa.gov/sites/default/files/2021-03/documents/best-practice-guide-for-procuring-services-supplies-equipment.pdf?VersionId=gZcqfN8GrYeHErieycJVXxsZxab_lh4w https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.317 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.320 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.317 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.318

III. Eligibility Information Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

All applications will be reviewed for eligibility and must meet the eligibility requirements described in Sections III-A and III-B to be considered eligible. Applicants deemed ineligible for funding consideration as a result of the threshold eligibility review will be notified within 15 calendar days of the ineligibility determination.

III-A. Eligible Applicants Consistent with the Assistance Listing for 66.608, eligible applicants for the Exchange Network Grant Program include states, U.S. Territories (i.e., American Samoa, the Commonwealth of the Northern Mariana Islands, the District of Columbia, Guam, Palau, Puerto Rico, the U.S. Virgin Islands), federally recognized Indian tribes and Alaska Native Villages and inter-tribal consortia of federally recognized tribes (e.g., the Northwest Indian Fisheries Commission).

Other entities, such as regional air pollution control districts and some public universities may apply for assistance if they are agencies or instrumentalities of a state or tribe under applicable laws. Entities asserting they are agencies or instrumentalities of a state must provide a letter from the appropriate state Attorney General certifying the applicant is an agency or instrumentality of the state. Entities asserting they are instrumentalities of a tribe must provide a certification and supporting documentation from the tribal council or other appropriate tribal government official certifying they are an instrumentality of the tribe. EPA will not accept or review an application which does not include the required documentation.

The EPA recognizes that environmental programs and associated reporting obligations are sometimes delegated to local governments. Local governments are eligible to apply for EN assistance agreements if they can demonstrate that they are an instrumentality of the state by providing the documentation described in the preceding paragraph. However, most local governments implementing EPA programs are not agencies or instrumentalities of the state and therefore not eligible to apply. EPA encourages such entities to partner with an eligible lead applicant (e.g., a state applicant) to allow for their data to be reported and shared through the EN (see Section III-D for more information on EN partnership applications). Interstate commissions and other interstate entities, likewise, are not eligible to apply and are encouraged to partner with a state applicant.

EPA will only evaluate applications from eligible entities. Interested parties not meeting the eligibility criteria should consider partnering with eligible applicants (see examples below).

Examples of Eligible Applicants:

State Department of Environmental Quality Territorial Environment Division Tribal Council on behalf of two or more tribal environmental and/or health agencies Tribal Water Quality Administration State university formally designated as an instrumentality of the state.

Applicants can direct eligibility questions to ENGrantProgram@epa.gov.

mailto:ENGrantProgram@epa.gov

III-B. Threshold Eligibility Criteria for Applications Applications from eligible applicants (see Section III-A) are only eligible to be evaluated for Exchange Network funding if they meet the requirements listed below.

a. An application must include goal(s) leading to completion of activities listed in Appendix A, B, or C, or others consistent with the EN funding areas. Applicants must also clearly state the anticipated outputs and outcomes which will result from the completion of their goals and objectives. Examples include but are not limited to: any data flow(s) brought into production, any API service(s) brought into production, and the creation of any new API documentation, data management plan(s), data standards or schema, open data portals, web applications, etc.

b. Application must substantially comply with the application submission instructions and requirements set forth in Section IV of this announcement or else they will be rejected. However, where a page limit is expressed in Section IV with respect to the application, or parts thereof, pages in excess of the page limitation will not be reviewed. Applicants are advised that readability is of paramount importance and should take precedence in application format, including selecting a legible font type and size for use in the application.

c. In addition, initial applications must be submitted through Grants.gov as stated in Section IV and Appendix E of this announcement (except in the limited circumstances where another mode of submission is specifically allowed for as explained in Section IV) on or before the application submission deadline published in Section IV of this solicitation. Applicants are responsible for following the submission instructions in Section IV and Appendix E: Detailed Instructions for Submitting Applications through Grants.gov of this solicitation to ensure their application is timely submitted. Please note that applicants experiencing technical issues with submitting through Grants.gov should follow the instructions provided in Section IV, which include both the requirement to contact Grants.gov and email a full application to EPA prior to the deadline.

d. Applications submitted after the submission deadline will be considered late and deemed ineligible without further consideration unless the applicant can clearly demonstrate it was late due to EPA mishandling or because of technical problems associated with Grants.gov or SAM.gov.

An applicant’s failure to submit their application on time through Grants.gov because they did not allow enough time to properly register in SAM.gov or Grants.gov will not be considered an acceptable reason to consider a submission received outside of Grants.gov.

Applicants should confirm receipt of their application by emailing ENGrantProgram@epa.gov as soon as possible after the submission deadline. Failure to do so may result in your application not being reviewed.

e. An application must not have:

Budgets greater than $300,000 for single applicant applications (except eligible applicants under the Individual Capacity Building with Mentorship opportunity, which can request up to $315,000.)

Budgets greater than $500,000 for partnership applications.

Note: Applicants may submit more than one application; however, applicants are not eligible to receive more than one award under this Solicitation.

https://www.grants.gov/ http://www.grants.gov/ https://www.sam.gov/SAM/

f. Applicants must not have more than four active Exchange Network assistance agreements with the Agency as of as of December 31, 2022. EPA considers an assistance agreement active if the Agency has not yet approved the final technical report. EPA will consider an agreement inactive if the Regional Project Officer (RENC) approves the applicant’s final technical report on or before this date.

Note: Applicants that are applying under an EN partnership but are not the lead recipient will not be considered as having an active assistance agreement. Also, agencies within a state are treated as separate applicants. For example, Alabama Department of Environmental Quality and Alabama Department of Public Health are separate applicants.

g. Applications must not request funds for activities or deliverables for which the applicant has previously received funds. If a proposed goal is similar to one previously funded, the application must describe how previously funded activities differ from those currently proposed or how the current application will complement past or ongoing work.

III-C. Funding Restrictions Applicants may propose EN project funding for costs associated with personnel salaries and fringe benefits, Intergovernmental Personnel Act Agreements (IPAs) travel, travel related to EN activities, equipment, supplies, contractual costs, in-kind services provided by EPA and indirect costs.

Applicants may propose EN project funding for development, modernization, and enhancement activities. All proposed project costs must be necessary and reasonable and in accordance with Federal guidelines. Determinations of allowable costs will be made in accordance with 2 CFR 200 Subpart E

- Cost Principles found in the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Applicants must not use EN funding for the following functions:

Construction costs Operations and maintenance including previously developed or implemented EN projects Workshops and Conferences not initiated, advertised, and conducted for the benefit of the recipient and other state, tribal, territorial, or local representatives or public participants or are conducted primarily for EPA’s benefit

Pre-Award Costs not previously requested to cover pre-award costs incurred 90 days or less before the award date

Management Fees more than the direct costs and indirect costs at the rate approved by the applicant’s cognizant audit agency or at the rate provided for by the terms of the agreement negotiated with EPA. See Section IV.C. of EPA Solicitation Clauses for additional information.

Development and deployment of physical nodes implementing the Exchange Network protocol and specification

Operations and maintenance of flows, including minor schema updates for existing flows https://www.ecfr.gov/cgi-bin/text-idx?SID=b92dafdc0dc040efbf2b17e05815540c&mc=true&node=pt2.1.200&rgn=div5#sp2.1.200.e

If an application includes any ineligible tasks or activities (e.g., does not fall within the EN Funding Areas, has been previously funded, falls under the above funding restrictions), that portion of the application will be ineligible for funding and may, depending on the extent to which it affects the application, render the entire application ineligible for funding.

III-D. Eligibility Criteria for Exchange Network Partnership Applications EPA will consider the higher funding limit ($500,000) for projects including one or more qualifying Exchange Network partners. The lead applicant, or prime recipient, of a partnership application must demonstrate how the proposed project supports the identified EN priorities and explain how the partnership components justify additional funding. Partnership applications that do not demonstrate this will be deemed ineligible.

EPA will not consider partnerships formed from within a single state, territorial, or tribal government as eligible. Eligible partners are separate units of government (e.g., a state partnering with another state, a state partnering with a non-federally recognized tribe, a federally recognized tribe partnering with a state university, or a territory partnering with a non-profit). Examples of ineligible partnerships include an eligible lead applicant partnering with a local government as defined by 2 CFR 200.1 within the same state jurisdiction (e.g., a state and a city within the state’s boundaries), an eligible lead applicant partnering with a university (public or private) within the state’s boundaries, or an eligible lead applicant partnering with a for-profit firm or individual consultant. The lead applicant must meet eligibility requirements under the EN Grant Program (see Section III-A). Lead applicants may provide subawards to eligible partners (more information on subawards is available in Section II-A and more information on partnerships is available in Section IV-B).

EPA will limit funding for intrastate projects to $300,000, the maximum funding for a single applicant for EN awards in FY23. Intrastate projects that request more than $300,000 may be deemed ineligible.

EPA will only consider applications for partnership projects if the project’s work is intended to be nationally scalable, to give these projects the best opportunity to succeed on the national/regional scale. Partnership applications that are not scalable will be deemed ineligible. Please note that applicants without partners should apply for the individual opportunities, which may result in scalable products, but are usually focused on activities supporting their own organizations’ business goals to integrate their business into the EN.

III-E. Cost Sharing or Matching Assistance agreements for Exchange Network projects do not require applicants to share cost or match funds. Applicants may elect to offer voluntary cost shares in their project budgets. Please note that voluntary cost shares are binding as provided in voluntary committed cost sharing at 2 CFR 200.1.

Voluntary cost shares offered by applicants for competitive assistance agreements must be included in an applicant’s SF-424A Budget Information for Non-Construction Programs form (see Appendix E). Additionally, the distinction between Federal and Non-Federal funds in an applicant’s budget must be clearly expressed in both the SF-424A form and budget narrative attachment form.

III-F. Performance Partnership Grants (PPG) Funds for assistance agreements awarded under this solicitation may be included in a PPG/CG.

Applicants should indicate in their application submission if they anticipate incorporating the proposed project, if selected for funding, into an already existing PPG/CG or if they intend to create https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-A/subject-group-ECFR2a6a0087862fd2c/section-200.1 a new PPG/CG that would include the project proposed under this solicitation. The PPG/CG should be in place before the time of award or created concurrently with the award of the assistance agreement funds. The proposed project under this grant solicitation must have a project period that is within the PPG/CG project period. It cannot be longer than the PPG/CG project period. A PPG/CG enables entities to combine funds from more than one environmental program assistance agreement into a single assistance agreement with a single budget. Under this competition, state and interstate agency applications must first be selected under the competitive grant process described in this solicitation and, in accordance with 40 CFR 35.138, the work-plan commitments that would have been included in the work-plan must be included in the PPG work-plan. After the funds have been included in the PPG, the recipient does not need to account for these funds in accordance with the funds’ original program source as long as all the competitive work plan components are completed.

Similarly, tribal and intertribal consortia applications must first be selected under this competitive grant process in accordance with 40 CFR 35.535. If a proposed PPG work-plan differs significantly from the work-plan approved for funding under this competition, the Regional Administrator must consult the National Program Office (see 40 CFR 35.535). The purpose of this consultation requirement is to address the issue of ensuring that a project which is awarded funding under this competition is implemented as proposed once combined with other grant programs in a PPG.

For further information, see the final rules on Environmental Program Grants for state and interstate agencies at 40 CFR Part 35, Subpart A and tribes and intertribal consortia at 40 CFR Part 35, Subpart B. The rules are also available on the EPA’s website at: (state) and (tribal).

Territories should apply for Consolidated Grants (CGs). Local governments are not eligible for PPGs.

IV. Application and Submission Information Note: Additional provisions that apply to this section can be found at EPA Solicitation Clauses.

Applicants for the FY23 Exchange Network Grant program must submit an application package to EPA through the Grants.gov (or by an alternative method for those applicants with an approved Grants.gov Exception) on or before Friday, June 2, 2023, 11:59 PM Eastern. Detailed instructions for application package submittal through grants.gov can be found in Appendix E on page E13.

Applicants must review Appendix E for detailed information about application package requirements, as well as required attachments and detailed Grants.gov submission instructions:

- Cover Letter [Mandatory; use ‘Other Attachments Form’ to submit] .................................................E2

- Project Narrative [Mandatory; use ‘Project Narrative Attachment Form’ to submit] ........................E2

- Additional Mandatory Documents..........................................................................................E10

• Budget Narrative Attachment Form

• SF 4A24 Application for Federal Assistance

• SF 424A Budget Information for Non-Construction Programs

• EPA Form 5700-54 Key Contacts Form

• EPA Form 4700-4 Pre-Award Compliance Review Report https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR832711b28c33684/section-35.535 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR832711b28c33684/section-35.535 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR832711b28c33684/section-35.535 https://www.ecfr.gov/current/title-40/chapter-I/subchapter-B/part-35/subpart-B/subject-group-ECFR832711b28c33684/section-35.535 https://www.ecfr.gov/current/title-40/part-35/subpart-a https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=36b93a1b033dd72618e9867c2032b53b&rgn=div6&view=text&node=40:1.0.1.2.32.2&idno=40 https://www.grants.gov/

- Additional Attachments [use ‘Other Attachments Form’ to submit, mandatory if applicable] ......E11

• Negotiated Indirect Cost Rate Agreement

• Additional Information for Inter-Tribal Consortium

• Formal Project Partners:

• Support Letter(s)

• Roles and Responsibilities

• Distribution of Funds & Overview of Subaward Budget

• Formal Project Mentor(s):

• Support Letter(s)

• Roles and Responsibilities

• Distribution of Funds & Overview of Subaward Budget

• List of Prior Exchange Network Assistance Agreement

• Documentation Certifying Applicant Status as an Instrumentality of the State or Tribe

- Detailed Instructions for Submitting Applications ...........................................................E13

Additional guidance tools are available to applicants:

• Appendix D provides guidance on how to identify tools/resources available for reuse, additional guidance on the EEDS, and a helpful guide to composing a budget.

• Appendix F provides a pre-submission checklist tool to help applicants avoid common application errors and to ensure a complete application package.

• Optional templates for an applicant’s cover letter, project narrative, and budget narrative attachment form is available on the EN website at www.epa.gov/exchangenetwork/exchange-network-grant-program#Resources.

IV-A. Submission Date and Time Completed application packages as described in Appendix E: Detailed Instructions for Submitting Applications through Grants.gov must be sent electronically via Grants.gov (or by an alternative method for those applicants with an approved Grants.gov Exception) no later than Friday, June 2, 2023, 11:59 PM Eastern.

IV-B. Partnership Agreements Groups of two or more eligible applicants may choose to form a coalition and submit a single application under this Notice; however, one entity must be responsible for the grant. Coalitions must identify which eligible organization will be the recipient of the grant and which eligible organization(s) will be subrecipients of the recipient (the “pass-through entity”). Subawards must be consistent with the definition of that term in 2 CFR 200.1 and comply with EPA’s Subaward Policy. The pass-through entity that administers the grant and subawards will be accountable to EPA for proper expenditure of the funds and reporting and will be the point of contact for the coalition. As provided in 2 CFR 200.332, subrecipients are accountable to the pass-through entity for proper use of EPA funding.

For-profit organizations are not eligible for subawards under this grant program but may receive procurement contracts.