FY24 National Dam Safety Program State Assistance Spring NOFO 5.30.24.pdf

FY 2024 NDSP Spring NOFO

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

Fiscal Year 2024 Spring National Dam Safety Program State Assistance Grant

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

Updates in Grant Application Forms:

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

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

Table of Contents Updates in Grant Application Forms:

A. Program Description

1. Issued By

2. Assistance Listings Number

3. Assistance Listings Title

4. Funding Opportunity Title

5. Funding Opportunity Number

6. Authorizing Authority for Program

7. Appropriation Authority for Program

8. Announcement Type

9. Program Category

10. Program Overview, Objectives, and Priorities

11. Performance Measures

B. Federal Award Information

1. Available Funding for the NOFO: $7,500,000

2. Projected Number of Awards : 50

3. Period of Performance: 12 Months

4. Projected Period of Performance Start Date

5. Projected Period of Performance End Date

6. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

2. Applicant Eligibility Criteria

3. Subaward ……………………………………………...……………………………….90 https://sam.gov/content/entity-%20%20registration https://sam.gov/content/entity-%20%20registration https://www.grants.gov/forms/forms-development/planned-uei-updates https://www.grants.gov/forms/forms-development/planned-uei-updates

4. Maintenance of Effort (MOE)

5. Cost Share or Match

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: 06/10/2024

b. Application Submission Deadline: 07/19/2024 at 5:00 PM ET

c. Anticipated Funding Selection Date: 08/16/2024

d. Anticipated Award Date: .................................................................................. 08/23/2024

e. Other Key Dates

2. Agreeing to Terms and Conditions of the Award

3. Address to Request Application Package

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

Award Management (SAM.gov)

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

Management (SAM), and Submit an Application

6. Electronic Delivery

7. How to Register to Apply

a. General Instructions:

b. Obtain an UEI Number:

c. Obtain Employer Identification Number

d. Create a login.gov account:

e. Register with SAM:

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

8. Submitting the Final Application in FEMA GO

9. Timely Receipt Requirements and Proof of Timely Submission

10. Content and Form of Application Submission

a. Standard Required Application Forms and Information

b. Program-Specific Required Forms and Information

11. Intergovernmental Review

12. Funding Restrictions and Allowable Costs

a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services

b. Pre-Award Costs

c. Management and Administration (M&A) Costs

d. Indirect Facilities & Administrative (F&A) Costs

e. Other Direct Costs

f. Detection Equipment Eligible for Purchase with National Dam Safety Program Grants………..……………………………………………………………………………………..20

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria

b. Financial Integrity Criteria

c. Supplemental Financial Integrity Criteria and Review

2. Review and Selection Process

F. Federal Award Administration Information

1. Notice of Award

2. Administrative and National Policy Requirements

a. DHS Standard Terms and Conditions

b. Ensuring the Protection of Civil Rights

c. Environmental Planning and Historic Preservation (EHP) Compliance

d. Mandatory Disclosures

3. Reporting

a. Financial Reporting Requirements

b. Programmatic Performance Reporting Requirements

c. Closeout Reporting Requirements

d. Additional Reporting Requirements

4. Monitoring and Oversight G. DHS Awarding Agency Contact Information

1. Contact and Resource Information

a. Program Office Contact

b. FEMA Grants News

c. Grant Programs Directorate (GPD) Award Administration Division

d. FEMA Regional Offices

e. Equal Rights

f. Environmental Planning and Historic Preservation

2. Systems Information

a. Grants.gov

b. Payment and Reporting System (PARS)

c. FEMA GO

H. Additional Information

1. Termination Provisions

a. Noncompliance

b. With the Consent of the Recipient

c. Notification by the Recipient

2. Program Evaluation

3. Period of Performance Extensions

4. Disability Integration

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

6. Procurement Integrity

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

b. Competition and Conflicts of Interest

c. Supply Schedules and Purchasing Programs

d. Procurement Documentation

7. Record Retention

a. Record Retention Period

b. Types of Records to Retain

8. Actions to Address Noncompliance

9. Audits

10. Payment Information

11. Whole Community Preparedness

12. Report issues of fraud, waste, abuse

13. Hazard-Resistant Building Codes………………………………………………………47

14. Appendices

A. Program Description

1. Issued By

U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Resilience/Risk Management/National Dam Safety Program (NDSP)

2. Assistance Listings Number

97.041

3. Assistance Listings Title National Dam Safety Program

4. Funding Opportunity Title

Fiscal Year 2024 National Dam Safety Program (NDSP) Spring State Assistance Grant

5. Funding Opportunity Number

DHS-24-MT-041-00-97

6. Authorizing Authority for Program

Section 8 of the National Dam Safety Program Act, as amended, (Pub. L. No. 104-303) (codified as amended at 33 U.S.C. Section 467-467n)

7. Appropriation Authority for Program

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

8. Announcement Type

Initial

9. Program Category

Mitigation: Risk Analysis

10. Program Overview, Objectives, and Priorities

a. Overview NDSP provides assistance to encourage the establishment and maintenance of effective state programs intended to ensure dam safety, protect human life and property, and improve state dam safety programs. Through risk analysis and risk prioritization methodologies, NDSP informs decision-making on where best to invest limited resources to reduce risk to the public and property associated with dams. State Dam Safety agencies are encouraged to access and apply risk analysis best practices and share critical data analysis with key stakeholders within your emergency management community.

The need for dam safety programs is demonstrated through recent events. From 2005 to 2013, 173 dam failures were reported along with an additional 587 incidents that would have become failures had intervention not occurred. For example, on May 19, 2020, extremely heavy rains in Michigan caused the Edenville dam to fail. The water from that failure rushed downstream destroying the Sanford dam. Thankfully no lives were lost, but the resulting flooding caused the evacuation of 10,000 people, damaged more than 2500 properties and cost more than $175 million in damage.

With the help of State Assistance grants 81% of high hazard dams nationwide have an Emergency Action Plan.

b. Goals, Objectives, and Priorities

The program goal is to encourage the establishment and maintenance of effective State Dam Safety programs intended to ensure dam safety, to protect human life and property, and to improve state dam safety programs.

The program objectives are:

1. Identify deficiencies and risks associated with dams;

2. Increase public awareness of the benefits and risks associated with dam infrastructure, and potential hazards associated with dam failure; and

3. Advance the state of practice of dam safety and dam risk management.

c. Alignment to Program Purpose and the DHS and FEMA Strategic Plan The DHS Strategic Plan for Fiscal Years 2020-2024 reflects the Department’s complex mission and articulates guiding principles to champion relentless resilience.

This grant funding supports DHS Goal 3: Secure cyberspace and critical infrastructure; Objective 3.2: Strengthen the security and resilience of critical infrastructure; and Goal 5: Strengthen preparedness and resilience; and Objective 5.1:

Build a national culture of preparedness.

The NDSP supports Goals 3 and 5 by providing grant assistance for states to establish, maintain, and improve dam safety programs in accordance with the criteria listed in Section C.2.The program also supports the 2022-2026 FEMA Strategic Plan, Goal 2:

Lead Whole of Community in Climate Resilience, Objective 2.3, Empower Risk- Informed Decision Making. Objective 2.3 - Empower Risk-Informed Decision Making | FEMA.gov

11. Performance Measures The following table provides grant Performance Measures aligned with Program Objectives and Eligible Activities. Applicants may choose one or more activities from this list. The state may propose additional activities to support the program objectives; however, applicants must obtain approval from their FEMA Program Officer for inclusion into the workplan. Applicants are to establish Performance Measurement targets for activities submitted for funding under this award.

See Appendix B: Performance Progress Report (PPR) Template.

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=33-USC-80204913-327866847&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=33-USC-1355265636-327866845&term_occur=999&term_src= https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=33-USC-99216-266518314&term_occur=999&term_src= https://www.dhs.gov/publication/department-homeland-securitys-strategic-plan-fiscal-years-2020-2024 https://www.fema.gov/about/strategic-plan/goal-2/objective-2-3 https://www.fema.gov/about/strategic-plan/goal-2/objective-2-3

Program Objectives

Eligible Activities - Examples Performance Measure (PM)

1: Reduced risks to life and property associated with dams.

1.1 Perform targeted safety

inspections of High Hazard (HH) dams/dams of highest consequence.

1.1 The percentage of high

hazard potential dams/ dams of highest consequence to life and property, with completed safety inspection over the period of performance.

1.2 Perform targeted condition

assessment and evaluations of reservoirs and HH dams/dams of highest consequence.

1.2 The percentage of high

hazard potential dams (of state total dams) with condition assessments entered in the National Inventory of Dams (NID) over the period of performance.

1.3 Development of new or updated

Emergency Action Plan (EAP) of HH dams / dams of highest consequence.

1.3 The percentage of high

hazard potential dams (of state total dams) that have new or updated emergency action plans in place over the period of performance.

1.4 Perform regulatory enforcement

actions: Implement enforcement actions to compel the dam owner of an unsafe high hazard potential dam to take action to reduce the risk associated with the dam. Regulatory enforcement actions may include, but not limited to, official notice of violation, civil or criminal penalties, reservoir restrictions, or safe breaching of the dam.

1.4 The number of enforcement

actions taken against the dam owner with identified dam deficiencies. Calculated by the number of dams with identified dam deficiencies that have received an enforcement action over the period of performance.

2: Increased public awareness of risks associated with dams.

2.1 Execution of targeted outreach and

messaging strategies to inform the public and stakeholders of dam risks and actions that individuals/organizations/communities need to take.

2.1 Number of new products, systems, and targeted outreach activities developed and implemented over the period of performance.

2.2 Establish and maintain assessment

tool for gauging effectiveness of targeted public outreach about hazards and risks associated with dams.

2.2 State implements public

awareness outreach assessment tool and collects data to determine which activities are

NOTE:

*3.2 All High Hazard Potential Dams pose a risk to lives and/or property, but all risks are not equal. Risk prioritization methodology is an objective means to prioritize the dams that pose the greatest risks.

**3.4 Best practices are procedures or activities that are accepted or prescribed as being correct or most effective.

B. Federal Award Information

1. Available Funding for the NOFO: $7,500,000 effective and inform improvements to communications and targeted outreach.

3: Improvement and advancement of state dam safety and risk management program.

3.1 Identification of and applied best

practices that advance operations of state dam safety programs (includes software programs that assess, monitor, model, and analyze potential and real risk).

3.1 Number of applied best

practices that advance state dam safety programs (includes software programs that assess, monitor, model, and analyze potential and real risk).

3.2 Risk identification analysis and

risk prioritization methodologies to inform decision-making in dam rehabilitation or removal projects of High Hazard Potential Dams (HHPD).

See note below.*

3.2 Report of eligible HHPD

and description of risk prioritization methodology and how it identified the highest risk dams.

3.3 Implementation of a state dam

sector cybersecurity framework consistent with the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity and guidance from the Cybersecurity and Infrastructure Security Agency

(CISA).

3.3 Implementation of state

dam sector cybersecurity framework.

3.4 Professional education, workshops, and training on content such as dam operations and safety standards, industry best practices, risk assessment methodologies, and risk communication strategies for dam owners, local officials and EM, and state dam safety staff. See note below.**

3.4

1. Number of stakeholders reached (dam owners, local EM, and officials).

2. Number of and content of trainings, courses, workshops offered.

3. Number of state staff trained.

https://www.nist.gov/cyberframework https://www.cisa.gov/topics/critical-infrastructure-security-and-resilience/critical-infrastructure-sectors/information-technology-sector

2. Projected Number of Awards: 50

3. Period of Performance: 12 months

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

4. Period of Performance Start Date: Date of award

5. Projected Period of Performance End Date: 12 months after award date

6. Funding Instrument Type: Grant

C. Eligibility Information

1. Eligible Applicants

This funding opportunity is restricted to the state dam safety program for eligible entities meeting the statutory definition of a “state.”

Per Title 33 United States Code Section 467(10), the term “state” means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

2. Applicant Eligibility Criteria

For a state to be eligible for assistance under this program, a state dam safety program must be authorized by state legislation and working toward meeting specific criteria and budgeting requirements. Eligible state dam safety programs must:

1. Have the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;

2. Have the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;

3. Maintain a requirement that, on completion of dam construction, state approval must be given before operation of the dam;

4. Have the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure;

5. Have the authority to require or perform the inspection, at least once every five (5) years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs;

6. Maintain procedures for conducting more detailed and frequent safety inspections, if necessary;

7. Maintain a requirement that all inspections be performed under the supervision of a state-registered professional engineer with experience in dam design and construction;

8. Have the authority to require dam owners to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary;

9. Maintain regulations for carrying out the state legislation described in this subparagraph;

10. Have access to funds necessary—

a. to ensure timely repairs or other changes to, or removal of, a dam to protect human life and property; and

b. to take appropriate action as expeditiously as practicable if a dam owner does not take action described in 10.a.;

11. Maintain emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and

12. Identify

a. each dam the failure of which could be reasonably expected to endanger human life;

b. the maximum area that could be flooded if such dams failed; and

c. critical public facilities that would be affected by the flooding.

Note, only dams that meet the definition in 33 U.S.C. Section 467 are eligible for funding under State Assistance.

3. Subawards and Beneficiaries Subawards are not allowed. This NOFO and any subsequent federal awards create no rights or causes of action for any participant or beneficiary.

4. Maintenance of Effort (MOE)

Assistance may not be provided to a state under this program for a fiscal year unless the state maintains the aggregate expenditures of the state from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the two fiscal years preceding the current fiscal year. See Section D.9.b Program-Specific Required Information.

5. Cost Share or Match

There is no Cost Match or Cost Share requirement for this program. However, the State Assistance award amount may not exceed the amount of funds committed by the state for dam safety activities. 33 U.S.C. Section 467j(2)(B).

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: 06/24/2024

b. Application Submission Deadline: 07/26/2024 at 5:00 PM ET

All applications must be received by the established deadline.

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

FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award.

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

A list of FEMA contacts can be found in Section G of this NOFO, “DHS Awarding Agency Contact Information.” For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242, Monday through Friday, 9:00 AM – 6:00 PM Eastern Time (ET). For programmatic or grants management questions, please contact your Program Analyst or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the fema-grants-news@fema.dhs.gov, Monday through Friday, 9:00 AM – 5:00 PM ET.

c. Anticipated Funding Selection Date: No later than 08/19/2024

d. Anticipated Award Date: No later than 08/30/2024

e. Other Key Dates

2. Agreeing to Terms and Conditions of the Award

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

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

Four weeks before actual submission deadline

Obtaining a valid Employer Identification Number (EIN) Four weeks before actual submission deadline

Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or updating SAM registration Four weeks before actual submission deadline

Registering Organization in FEMA GO Prior to beginning application

Submitting complete application in FEMA GO One week before actual submission deadline mailto:femago@fema.dhs.gov mailto:fema-grants-news@fema.dhs.gov

3. Address to Request Application Package

Applications are processed through the FEMA GO system. To access the system, go to https://go.fema.gov/.

Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the Awarding Office points of contact listed in Section G of this NOFO, “DHS Awarding Agency Contact Information” or by TTY (800) 462-7585.

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

Award Management (SAM.gov) Each applicant, unless they have a valid exception under 2 CFR §25.110, must:

a. Be registered in Sam.Gov before application submission.

b. Provide a valid UEI in its application.

c. Continue to always maintain an active SAM registration with current information during the federal award process. Note: Per 2 C.F.R. § 25.300, subrecipients are NOT required to go through the full SAM registration process. First-tier subrecipients (meaning entities receiving funds directly from the recipient) are only required to obtain a UEI through SAM, but they are not required to complete the full SAM registration in order to obtain a UEI. Recipients may not make subawards unless the subrecipient has obtained and provided the UEI.

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

Applicants are also not permitted to require subrecipients to complete a full registration in SAM beyond obtaining the UEI.

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

Management (SAM), and Submit an Application

Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines.

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

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

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

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

b. In the application, provide an UEI number;

c. Have an account with login.gov;

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

https://go.fema.gov/ https://www.grants.gov/ https://sam.gov/content/home https://www.login.gov/

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

The organization’s electronic business point of contact (EBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/grants/guidance-tools/fema-go/startup

f. Submit the complete application in FEMA GO; and

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

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

Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting fema-grants-news@fema.dhs.gov and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date.

6. Electronic Delivery For this funding opportunity, FEMA requires applicants to submit applications through

FEMA GO.

7. How to Register to Apply

a. General Instructions:

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

Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.

https://www.fema.gov/grants/guidance-tools/fema-go/startup mailto:fema-grants-news@fema.dhs.gov

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

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

b. Obtain an UEI Number:

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

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

c. Obtain Employer Identification Number All entities applying for funding must provide an Employer Identification Number (EIN). The EIN can be obtained from the IRS by visiting:

https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online.

d. Create a login.gov account:

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

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

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

For more information on the login.gov requirements for SAM registration, refer to:

https://www.sam.gov/SAM/pages/public/loginFAQ.jsf.

e. Register with SAM:

All applicants applying online through FEMA GO must register with SAM. Failure to register with SAM will prevent an applicant from completing the application in FEMA GO. SAM registration must be renewed annually. Organizations will be issued a UEI number with the completed SAM registration.

For more detailed instructions for registering with SAM, refer to https://apply07.grants.gov/help/html/help/Register/RegisterWithSAM.htm

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

https://sam.gov/content/home https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-a62b99571fd3 https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-a62b99571fd3 https://www.sam.gov/SAM/pages/public/loginFAQ.jsf https://apply07.grants.gov/help/html/help/Register/RegisterWithSAM.htm

I. ADDITIONAL SAM REMINDERS

Existing SAM.gov account holders should check their account to make sure it is “ACTIVE.” SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being “INACTIVE.”

Please allow plenty of time before the grant application submission deadline to obtain an UEI number and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours before FEMA’s system recognizes the information.

It is imperative that the information applicants provide is correct and current.

Please ensure that your organization’s name, address, and EIN are up to date in SAM and that the UEI number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient’s having a current SAM registration.

II. HELP WITH SAM

The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, please contact the Federal Support Desk at https://www.fsd.gov/fsd-gov/home.do or call toll free (866) 606-8220.

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

AOR:

Applicants must register in FEMA GO and add their organization to the system. The organization’s electronic business point of contact (EBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/grants/guidance-tools/fema-go/startup.

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

• Google Chrome

• Internet Explorer

• Mozilla Firefox

• Apple Safari

• Microsoft Edge

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

8. Submitting the Final Application

Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.10 of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) may be accessed in the https://www.fsd.gov/fsd-gov/home.do https://www.fema.gov/grants/guidance-tools/fema-go/startup

Forms tab under the https://grants.gov/forms/forms-repository/sf-424-family Applicants should review these forms before applying to ensure they have all the information required.

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

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

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

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

10. Content and Form of Application Submission

a. Standard Required Application Forms and Information The following forms or information are required to be submitted via FEMA GO.

The Standard Forms (SF) are also available at https://grants.gov/forms/forms-repository/sf-424-family

• SF-424, Application for Federal Assistance

• Grants.gov Lobbying Form, Certification Regarding Lobbying

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

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

• SF-LLL, Disclosure of Lobbying Activities

b. Program-Specific Required Forms and Information

The following program-specific forms or information are required to be submitted in

FEMA GO.

1. Grant summary page: Program-specific information

a. Label summary document: [Insert State Name] [NDSP 2024 Spring SOW]

b. Include the following grant information in the summary document:

• Grant name and fiscal year:

• Federal amount requested: [Insert Dollar Value $]___________ https://grants.gov/forms/forms-repository/sf-424-family https://grants.gov/forms/forms-repository/sf-424-family https://grants.gov/forms/forms-repository/sf-424-family

• Name of state contact for program results: (name, email, phone number)

• Name of finance contact: (name, email, phone number)

• Period of Performance: (Start-end)

c. Maintenance of Effort (MOE): Provide aggregate expenditures of the state from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the two fiscal years preceding the current fiscal year.

2. Scope of Work (SOW) narrative that describes the eligible tasks and activities that will be completed within the period of performance.

3. Milestone Quarterly Work Plan that demonstrates timeline for SOW completion aligned with performance metrics (template may be requested from FEMA Regional Program Officer).

4. Letter from State Official: MOE requirement documentation must be submitted on official letterhead, signed by the authorized official, that reports aggregate expenditures of the State from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the two fiscal years preceding the current fiscal year (See Appendix A: Letter template)

5. Detailed budget associated with SOW deliverables and performance measures.

The budget narrative and budget worksheets are critical elements of the budget.

These documents help the recipient justify the need for each line item and cost estimates. They explain how the costs relate to the programmatic goals for the project and support the budget by showing the basis of computation. The budget narrative and basis of computation must be related to and include all costs necessary to complete each of the proposed activities in the work plan. FEMA uses the budget narrative/justification and basis of computation submitted by the applicant to review the funding amounts listed in the project narrative/SOW, the SF-424, and confirm that award costs are allowable, allocable, reasonable, and necessary.

11. Intergovernmental Review

An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372 (See https://www.archives.gov/federal-register/codification/executive-order/12372.html;

Intergovernmental Review (SPOC List) (whitehouse.gov)

12. Funding Restrictions and Allowable Costs All costs charged to federal awards (including both federal funding and any non-federal matching or cost sharing funds) must comply with applicable statutes, rules and regulations, https://www.archives.gov/federal-register/codification/executive-order/12372.html https://www.whitehouse.gov/wp-content/uploads/2020/04/SPOC-4-13-20.pdf and policies, this NOFO, and the terms and conditions of the federal award. They must also comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200 unless otherwise indicated in the NOFO or the terms and conditions of the federal award. This includes, among other requirements, that costs must be incurred and products and services must be delivered within the budget period. 2 C.F.R. § 200.403(h). The following identifies a list of activities for which a recipient may not use federal funds and any cost sharing or matching funds under federal awards:

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

• Lobbying or other prohibited activities under 18 U.S.C. § 1913 or 2 C.F.R. § 200.450

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

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

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

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

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

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

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

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

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

I. REPLACEMENT EQUIPMENT AND SERVICES

https://www.govinfo.gov/content/pkg/COMPS-15483/pdf/COMPS-15483.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition-covered-services-equipment-gpd.pdf https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1-prohibition-covered-services-equipment-gpd.pdf https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf https://www.fema.gov/sites/default/files/documents/fema_contract-provisions-guide_6-14-2021.pdf

FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the NOFO.

II. DEFINITIONS

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

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

ii. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

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

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

b. Pre-Award Costs

Pre-award costs are NOT allowed.

c. Management and Administration (M&A) Costs M&A costs are NOT allowed under this program.

d. Indirect Facilities & Administrative (F&A) Costs

Indirect (F&A) costs (IDC) means those costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved. IDC are allowable by the recipient [and subrecipients] as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated IDC rate agreement who desire to charge indirect costs to a federal award must provide a copy of their IDC rate agreement with their applications. Not all applicants are required to have a current negotiated IDC rate agreement. Applicants that are not required to have a negotiated IDC rate agreement but are required to develop an IDC rate proposal must provide a copy of their proposal with their applications. Applicants who do not have a current negotiated IDC rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to FEMA for further instructions. Applicants who wish to use a cost allocation plan in lieu of an IDC rate proposal must reach out to the FEMA Point of Contact for further instructions. As it relates to the IDC for subrecipients, a recipient must follow the requirements of 2 C.F.R. §§ 200.332 and 200.414 in approving the IDC rate for subawards.

e. Other Direct Costs

Allowable Costs:

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

Direct Costs

Planning Planning related costs are allowed under this program.

Personnel Personnel time dedicated toward state dam safety activities are an eligible cost.

Training Training related costs are allowed under this program.

Exercises Exercise related costs are allowed under this program.

Equipment Equipment costs are allowed under this program.

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

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

Construction and Renovation Construction and renovation costs are not allowed under this program.

Funds will not be made available for obligation, expenditure, or drawdown until the applicant’s budget (to include Indirect Cost Agreement, if applicable) and budget narrative have been approved by FEMA and the grant award accepted by the recipient.

f. Detection Equipment Eligible for Purchase with National Dam Safety Program Grants

Under the National Dam Safety Program (NDSP) grants, the purchase of technology supporting State dam safety programs is an allowable expense. Unmanned aerial systems also known as drones or controlled equipment, are authorized for purchase using NDSP SA grant funds. The recipient is required to comply with Department of Homeland Security (DHS) and FEMA policies to ensure detection equipment meets allowable limits, approved manufacturers, conformity to record-keeping requirements, and is of minimal impact to general civil rights and liberties.

All applications to purchase detection equipment will be reviewed by FEMA, the DHS Privacy Office, and the DHS Office for Civil Rights and Civil Liberties.

Applicable policies include:

FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, which outlines requirements for FEMA grant recipient and subrecipients who wish to submit a UAS purchase request to FEMA.

DHS Policy Memo 119-08, DHS Small Unmanned Aircraft Systems (sUAS) Cybersecurity Guidance, which restricts DHS component procurement of drones to those that have been cleared by DHS Office of Chief Information Security Officer and includes Blank Purchase Agreement information for DHS component drone purchases.

DHS Acquisition Alert Memorandum 20-09 Prohibition on Unauthorized Procurement of Small Unmanned Aircraft Systems, which restricts procurement to drone models that have been cleared by the Department of Defense under their Blue UAS program.

Further information on national orders, statues and policies shaping detection equipment purchase policies can be found in: Executive Order 14074, Executive Order on Advancing effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, Department of Homeland Security (DHS) Information Bulletin 414: Civil Rights Review Process for Controlled Equipment Requests; Pub. L. No. 115-232 (2018); Public Law 112-95, Section 331(8)—UAS definition; public safety concerns in the FAA Modernization and Reform Act of 2012;

and civil rights and civil liberties protection in Executive Order 03727 (2015).

E. Application Review Information

1. Application Evaluation Criteria

a. Programmatic Criteria Applications will be reviewed to ensure conformance with the Eligibility Criteria in Section C, consistency with the Program Objectives of the National Dam Safety Program (NDSP) in Section A, consistency with the Application and Submission https://www.fema.gov/sites/default/files/documents/fema_policy-prohibited-controlled-equipment-fema-awards.pdf https://www.bing.com/ck/a?!&&p=db7c4f81db4fbb54JmltdHM9MTY4MjAzNTIwMCZpZ3VpZD0xYTY4OGFlZi0yMTQ2LTYxODItM2JkOC05ODE1MjAxNDYwZjQmaW5zaWQ9NTE4MA&ptn=3&hsh=3&fclid=1a688aef-2146-6182-3bd8-9815201460f4&psq=%ef%82%a7+DHS+Policy+Memo+119-08&u=a1aHR0cHM6Ly93d3cuZGhzLmdvdi9zaXRlcy9kZWZhdWx0L2ZpbGVzLzIwMjItMDEvU21hbGwlMjBVbm1hbm5lZCUyMEFpcmNyYWZ0JTIwU3lzdGVtcyUyMCUyOHNVQVMlMjkucGRm&ntb=1 https://www.diu.mil/blue-uas-cleared-list https://www.federalregister.gov/documents/2022/05/31/2022-11810/advancing-effective-accountable-policing-and-criminal-justice-practices-to-enhance-public-trust-and https://www.fema.gov/sites/default/files/2020-04/Joint_IB_414_Controlled_Equipment_Civil_Rights_Review_Process_FINAL_SIGN.pdf https://www.fema.gov/sites/default/files/2020-04/Joint_IB_414_Controlled_Equipment_Civil_Rights_Review_Process_FINAL_SIGN.pdf https://www.congress.gov/bill/115th-congress/house-bill/5515/text?format=txt…