H08 HQ003425NFOEASD03 20250212.pdf

NOTICE OF FUNDING OPPORTUNITY

DEPARTMENT OF DEFENSE

Department of Defense Cyber Service Academy

Scholarship Program

Announcement Type: Initial Announcement Funding Opportunity Number: HQ003425NFOEASD03 Assistance Listing: 12.902 Information Security Grants Authority: 10 U.S.C. 2200 Key Dates: See Grants.gov Dates Grants Office Contacts: jonathan.e.bertsch.civ@mail.mil (Grants Officer), fedline.crowell.civ@mail.mil (Grants Specialist) Program Office Contact: osd.mc-alex.dod-cio.mbx.dod-csa@mail.mil

A. Program Description

The Department of Defense (DoD) Cyber Service Academy (CSA) is authorized by Chapter 112 of title 10, United States Code, Section 2200 and with Section 1535 of the NDAA for FY 2023, (P.L. 117-263), as amended by Section 1533 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024, (P. L. 118-31).The purpose of the program is to support the recruitment of new cyber talent and the retention of current highly skilled professionals within the DoD cyber workforce. Additionally, this program serves to enhance the national pipeline for the development of cyber personnel by providing grants to institutions of higher education.

Regionally and nationally accredited U.S. institutions of higher education, designated under the National Centers of Academic Excellence in Cybersecurity (NCAE-C) and known as National Centers of Academic Excellence in Cyber Defense, Research, and/or Cyber Operations (hereinafter referred to as NCAE-Cs) are invited to submit proposals for developing and managing a full-time, institution-based, grant-funded scholarship program in cyber-related disciplines for Academic Year 2025- 2026. NCAE-Cs may propose collaboration with other accredited institutions and are encouraged to include accredited post-secondary minority institutions. NCAE-Cs must be in good standing with the NCAE-C Program Office and not be delinquent on any required documentation by the NCAE-C Program Office.

Consistent with 10 U.S.C. 2200b, Section 1535 of the FY2023 NDAA, and Section 1533 of the FY2024 NDAA, NCAE-C proposals to this solicitation may also request modest support for purposes of institutional capacity building to include faculty development, laboratory improvements, and/or curriculum development, in cyber-related topics to providing a strong foundation for a DoD CSA.

B. Federal Award Information The DoD estimates awarding scholarships via grant awards for a period of 15 months (beginning with the Fall 2025 semester) to designated NCAE-Cs, operating independently or mailto:jonathan.e.bertsch.civ@mail.mil mailto:fedline.crowell.civ@mail.mil in collaboration with other accredited institutions, including accredited postsecondary minority institutions.

C. Eligibility Information

NCAE-Cs:

Only NCAE-C institutions may apply for scholarship and/or capacity building grants. To be eligible for an award, an organization must submit a certificate of Assurance or Compliance with Title VI of the Civil Rights Act of 1964 and be constantly in compliance with the Act.

NCAE-Cs must provide their intent to support a recruitment program on campus by 31 January 2025.

Recruitment Students:

Individual student applicants must meet the eligibility criteria outlined at 10 U.S.C. 2220b, and Section 1535 of the FY2023 NDAA, and Section 1533 of the FY2024 NDAA.

Scholarship applicants must meet all requirements for acceptance to the specific institution they plan to attend. Students must apply through the online portal on-or-before 01 February

2025, 11:59 P.M. EST.

To continue the development of a strong foundation for recruitment scholarship program during the Academic Year 2025-2026, students falling into one of the following categories may apply:

• Rising second-year NCAE-C Community College students who will be transitioning into a bachelor’s degree program at a 4-year NCAE-C

• Current individuals who hold a non-cyber related bachelor’s or graduate degree, cross training into cyber by pursuing an associate’s degree.

• College Juniors or Seniors pursuing a bachelor's degree (Sophomore's promoting to a

Junior in Fall 2025 are eligible to apply)

• Students in their first or second year of a master's degree; or

• Students pursuing doctoral degrees.

Traditional National Guardsmen and reservists are eligible to apply under the recruitment program. Current DoD civilians and active-duty military members are only eligible for the retention program. DoD civilian employees are eligible to apply but must first be nominated by their Component. Nominated personnel shall be high performing employees who are rated at the higher levels of the applicable performance appraisal system and demonstrate sustained quality performance with the potential for increased responsibilities. Applications for the retention program are processed under a different memorandum. NCAE-C are not required to forward or handle retention student applications. These individuals may also participate in the retention community college program.

Reserve Officer’s Training Corps (ROTC) participants are eligible to apply as long as they do not currently have a service obligation with their ROTC activities.

Employees of non-DoD federal agencies are ineligible for either program.

Retention Students:

Civilian and active-duty military members may participate in the DoD CSA Retention Program which provides professional development opportunities for employees who support DoD's critical cyber functions in exchange for continued service within the Department.

Interested candidates will apply through a separate process. After submission, each application will go through a review process based on personal goal statements and supervisor recommendations/endorsements. The process will also include a preliminary review by the identified academic program lead (AFIT, NDU CIC, JCAC/DoD Partner Institutions, and community colleges) to ensure acceptance into their institution.

All eligibility criteria, especially academic credentials, should be carefully reviewed, as DoD CSA requirements may be more stringent than general academic enrollment criteria for a particular college/university. No waivers will be granted.

D. Application and Submission Information

1. Forms

Applicants must complete the mandatory forms and any optional forms in accordance with the instructions on the forms and the additional instructions below. The required fields should be completed in accordance with the “pop-up” instructions on the forms. To activate the instructions, turn on the “Help Mode” (icon with the pointer and question mark at the top of the form). Files that are attached to the forms must be in Adobe Portable Document Form (PDF), except for the Initial Work Plan, and unless otherwise specified in this announcement. The applicant must mark their application with the announcement number. A summary of what is required for a complete application is below.

The chart below specifies which forms and attachments are required and specifies the maximum page lengths for attachments to be submitted along with the completed form.

Required Forms SF424 Mandatory Form (V3.0) Assurances for Non-construction Programs (SF424B) (V1.1) Budget Information for Non-construction Programs (SF424A) (V1.0) Disclosure of Lobbying Activities (SFLLL) (V2.0) (Optional) Project Abstract Summary (V2.0) (No more than two [2] pages) Project Narrative Attachment Form (V1.2) (No more than ten [10] pages) DoD CSA Excel Budget Format

2. Content and Form of Application Submission

Proposals must be submitted via Grants.gov. See https://www.grants.gov/web/grants/grantors/grantor-standard-language.html for information on how to complete the application using Workspace on Grants.gov.

Common formatting requirements across all submitted documents:

https://www.grants.gov/web/grants/grantors/grantor-standard-language.html

• Font shall be: Times New Roman, 12 point

• Margins shall be 1 inch on all sides

• Paper size shall be 8 ½ by 11. Documentation submitted under this NFO are expected to be unclassified; classified applications are not permitted.

• All documents must be submitted in PDF format.

All submissions will be protected from unauthorized disclosure in accordance with applicable law and DoD regulations. The applicant must appropriately mark each page of their submission that contains proprietary information.

Supplemental documents must be attached via the Optional Attachments section of the Project Narrative Attachment Form (V1.2).

See H08 Application Instructions for additional application instructions.

3. Unique Entity Identifier (UEI) and System for Award Management (SAM) Organizations must have a UEI, active SAM registration, and a Grants.gov account to apply for grants. Please see https://www.grants.gov/web/grants/grantors/grantor-standard-language.html for details on how to go through this process.

4. Submission Dates and Times Institutionally approved, signed, completed proposals which include all items listed above and all student applications must be submitted on/before March 28, 2025 (11:59

PM EST).

The NCAE-C is responsible for submitting the proposal and student materials to the WHS/AD Grants Office via Grants.gov by the date and time specified.

Proposals or student materials that are submitted after the deadline of March 28, 2025, are “late” and will not be considered for an award or scholarship.

5. Intergovernmental Review Not applicable.

6. Funding Restrictions Per 2 CFR 200.216, funds may not be used to procure telecommunications equipment or video surveillance services or equipment produced by:

• Huawei Technologies Company

• ZTE Corporation Hytera Communications Corporation

• Hangzhou Hikvision Digital Technology Company

• Dahua Technology Company

• Any subsidiary or affiliate of such entities

Funding Restrictions: DoD will only fund salary, fringe benefits and indirect costs on awards under the announcement. Funds from an award may not be used to attain fee or profit.

E. Application Review Information

See H08 Evaluation Factors for application review information.

Each application will be reviewed based on the selection criteria rather than against other applications submitted under this Announcement.

Applicants are advised that employees of commercial firms under contract to the government may be used to administratively process applications. By submitting an application, an applicant consents to allowing access to its application(s) by support contractors. These support contracts include nondisclosure agreements prohibiting their contractor employees from disclosing any information submitted by applicants.

In addition to the technical/program review, the DoD does a budget review and a risk review as directed by 2 CFR 200.206, including a review of the Federal Awardee Performance and Integrity Information System (FAPIIS). Applicants may review information in FAPIIS and comment on any information entered into that system. Comments made by applicants will be taken into account in addition to other information in considering applicants’ integrity, business ethics, and record of performance.

At the time of application, there is no additional material to be submitted for this review.

However, there may be additional requests for clarification as these reviews progress.

Options: The Government will evaluate options for award purposes by adding the total cost for all options to the total cost for the basic requirement. Evaluation of options will not obligate the Government to exercise the options during grant performance. The Government may elect to divide any resulting grant award into option periods or may elect to combine proposed option periods at the discretion of the Government.

Evaluation Panel: Technical details and budgets submitted under this NFO will be protected from unauthorized disclosure. The cognizant Program Officer and other Government subject matter experts will perform the evaluation of technical applications. Restrictive notices notwithstanding, one or more support contractors may be utilized as subject matter expert technical consultants. Each support contractor employee that has access to technical and cost applications submitted in response to this NFO will be required to sign a nondisclosure statement prior to receipt of any application submissions.

F. Federal Award Information

1. Award Notices

The government will notify the recipient of the award via email. The notification e-mail regarding a selection is not authorization to commit or expend DoD funds. A DoD grants officer is the only person authorized to obligate and approve the use of Federal funds.

This authorization is in the form of a signed Notice of Award. After selection but prior to award, the government may request additional information. This may include representations and certifications, revised budgets or budget explanations, or other information as applicable to the proposed award. The award start date will be determined after successfully coordinating all pre-award requirements.

2. Administrative and National Policy Requirements

Appendix A to Part 1122—Terms and Conditions for NP Article I, “Nondiscrimination National Policy Requirements”

NP Article I. Nondiscrimination national policy requirements. (December 2014)

Section A. Cross-cutting nondiscrimination requirements. By signing this award or accepting funds under this award, you assure that you will comply with applicable provisions of the national policies prohibiting discrimination:

1. On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as implemented by Department of Defense (DoD) regulations at 32 CFR part 195.

2. On the basis of gender, blindness, or visual impairment, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as implemented by DoD regulations at 32 CFR part 196.

3. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90.

4. On the basis of disability, in the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56.

5. On the basis of disability in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) related to physically handicapped persons' ready access to, and use of, buildings and facilities for which Federal funds are used in design, construction, or alteration.

Section B. [Reserved]

Appendix B to Part 1122—Terms and Conditions for NP Article II, “Environmental National Policy Requirements”

NP Article II. Environmental national policy requirements. (December 2014)

Section A. Cross-cutting environmental requirements. You must:

https://www.ecfr.gov/current/title-2/part-1122/appendix-Appendix%20A%20to%20Part%201122 https://www.ecfr.gov/current/title-2/part-1122/appendix-Appendix%20A%20to%20Part%201122 https://www.govinfo.gov/link/uscode/42/2000d https://www.ecfr.gov/current/title-32/part-195 https://www.govinfo.gov/link/uscode/20/1681 https://www.ecfr.gov/current/title-32/part-196 https://www.govinfo.gov/link/uscode/42/6101 https://www.ecfr.gov/current/title-45/part-90 https://www.ecfr.gov/current/title-45/part-90 https://www.govinfo.gov/link/uscode/29/794 https://www.ecfr.gov/current/title-28/part-41 https://www.ecfr.gov/current/title-32/part-56 https://www.govinfo.gov/link/uscode/42/4151 https://www.ecfr.gov/current/title-2/part-1122/appendix-Appendix%20B%20to%20Part%201122 https://www.ecfr.gov/current/title-2/part-1122/appendix-Appendix%20B%20to%20Part%201122

1. You must comply with all applicable Federal environmental laws and regulations.

The laws and regulations identified in this section are not intended to be a complete list.

2. Comply with applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.)

and Clean Water Act (33 U.S.C. 1251, et seq.).

3. Comply with applicable provisions of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), as implemented by the Department of Housing and Urban Development at 24 CFR part 35. The requirements concern lead-based paint in buildings owned by the Federal Government or housing receiving Federal assistance.

4. Immediately identify to us, as the Federal awarding agency, any potential impact that you find this award may have on:

a. The quality of the “human environment”, as defined in 40 CFR 1508.14, including wetlands; and provide any help we may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321 et seq.), the regulations at 40 CFR 1500–1508, and E.O. 12114, if applicable; and assist us to prepare Environmental Impact Statements or other environmental documentation.

In such cases, you may take no action that will have an environmental impact (e.g., physical disturbance of a site such as breaking of ground) or limit the choice of reasonable alternatives to the proposed action until we provide written notification of Federal compliance with NEPA or E.O. 12114.

b. Flood-prone areas and provide any help we may need to comply with the National Flood Insurance Act of 1968, as amended by the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas.

c. A land or water use or natural resource of a coastal zone that is part of a federally approved State coastal zone management plan and provide any help we may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C.

1451, et seq.) including preparation of a Federal agency Coastal Consistency Determination.

d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes' shores and provide help we may need to comply with the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.), concerning preservation of barrier resources.

e. Any existing or proposed component of the National Wild and Scenic Rivers system and provide any help we may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.).

https://www.govinfo.gov/link/uscode/42/7401 https://www.govinfo.gov/link/uscode/33/1251 https://www.govinfo.gov/link/uscode/42/4821 https://www.ecfr.gov/current/title-24/part-35 https://www.ecfr.gov/current/title-40/section-1508.14 https://www.govinfo.gov/link/uscode/42/4321 https://www.ecfr.gov/current/title-40/part-1500 https://www.govinfo.gov/link/uscode/42/4001 https://www.govinfo.gov/link/uscode/16/1451 https://www.govinfo.gov/link/uscode/16/1451 https://www.govinfo.gov/link/uscode/16/3501 https://www.govinfo.gov/link/uscode/16/3501 https://www.govinfo.gov/link/uscode/16/1271

f. Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source and in wellhead protection areas, and provide any help we may need to comply with the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

5. You must comply fully with the Endangered Species Act of 1973, as amended (ESA, at 16 U.S.C. 1531 et seq.), and implementing regulations of the Departments of the Interior (50 CFR parts 10–24) and Commerce (50 CFR parts 217–227). You also must provide any help we may need in complying with the consultation requirements of ESA section 7 (16 U.S.C. 1536) applicable to Federal agencies or any regulatory authorization we may need based on the award of this grant. This is not in lieu of responsibilities you have to comply with provisions of the Act that apply directly to you as a U.S. entity, independent of receiving this award.

6. You must fully comply with the Marine Mammal Protection Act of 1972, as amended (MMPA, at 16 U.S.C. 1361 et seq.) and provide any assistance we may need in obtaining any required MMPA permit based on an award of this grant.

Section B. [Reserved]

Appendix C to Part 1122—Terms and Conditions for NP Article III, “National Policy Requirements Concerning Live Organisms”

NP Article III. National policy requirements concerning live organisms. (December 2014)

Section A. Cross-cutting requirements concerning live organisms.

1. Human subjects.

a. You must protect the rights and welfare of individuals who participate as human subjects in research under this award and comply with the requirements at 32 CFR part 219, DoD Instruction (DoDI) 3216.02, 10 U.S.C. 980, and when applicable, Food and Drug Administration (FDA) regulations.

b. You must not begin performance of research involving human subjects, also known as human subjects research (HSR), that is covered under 32 CFR part 219, or that meets exemption criteria under 32 CFR 219.101(b), until you receive a formal notification of approval from a DoD Human Research Protection Official (HRPO).

Approval to perform HSR under this award is received after the HRPO has performed a review of your documentation of planned HSR activities and has officially furnished a concurrence with your determination as presented in the documentation.

c. In order for the HRPO to accomplish this concurrence review, you must provide sufficient documentation to enable his or her assessment as follows:

https://www.govinfo.gov/link/uscode/42/300f https://www.govinfo.gov/link/uscode/42/300f https://www.govinfo.gov/link/uscode/16/1531 https://www.ecfr.gov/current/title-50/part-10 https://www.ecfr.gov/current/title-50/part-217 https://www.govinfo.gov/link/uscode/16/1536 https://www.govinfo.gov/link/uscode/16/1361 https://www.ecfr.gov/current/title-2/part-1122/appendix-Appendix%20C%20to%20Part%201122 https://www.ecfr.gov/current/title-2/part-1122/appendix-Appendix%20C%20to%20Part%201122 https://www.ecfr.gov/current/title-32/part-219 https://www.ecfr.gov/current/title-32/part-219 https://www.govinfo.gov/link/uscode/10/980 https://www.ecfr.gov/current/title-32/part-219 https://www.ecfr.gov/current/title-32/section-219.101#p-219.101(b)

i. If the HSR meets an exemption criterion under 32 CFR 219.101(b), the documentation must include a citation of the exemption category under 32 CFR 219.101(b) and a rationale statement.

ii. If your activity is determined as “non-exempt research involving human subjects”, the documentation must include:

(A) Assurance of Compliance (i.e., Department of Health and Human Services Office for Human Research Protections (OHRP) Federalwide Assurance (FWA)) appropriate for the scope of work or program plan; and

(B) Institutional Review Board (IRB) approval, as well as all documentation reviewed by the IRB to make their determination.

d. The HRPO retains final judgment on what activities constitute HSR, whether an exempt category applies, whether the risk determination is appropriate, and whether the planned HSR activities comply with the requirements in paragraph 1.a of this section.

e. You must notify the HRPO immediately of any suspensions or terminations of the Assurance of Compliance.

f. DoD staff, consultants, and advisory groups may independently review and inspect your research and research procedures involving human subjects and, based on such findings, DoD may prohibit research that presents unacceptable hazards or otherwise fails to comply with DoD requirements.

g. Definitions for terms used in paragraph 1 of this article are found in DoDI 3216.02.

2. Animals.

a. Prior to initiating any animal work under the award, you must:

i. Register your research, development, test, and evaluation or training facility with the Secretary of Agriculture in accordance with 7 U.S.C. 2136 and 9 CFR 2.30, unless otherwise exempt from this requirement by meeting the conditions in 7 U.S.C. 2136 and 9 CFR parts 1–4 for the duration of the activity.

ii. Have your proposed animal use approved in accordance with Department of Defense Instruction (DoDI) 3216.01, Use of Animals in DoD Programs by a DoD Component Headquarters Oversight Office.

iii. Furnish evidence of such registration and approval to the grants officer.

b. You must make the animals on which the research is being conducted, and all premises, facilities, vehicles, equipment, and records that support animal care and use https://www.ecfr.gov/current/title-32/section-219.101#p-219.101(b) https://www.ecfr.gov/current/title-32/section-219.101#p-219.101(b) https://www.ecfr.gov/current/title-32/section-219.101#p-219.101(b) https://www.govinfo.gov/link/uscode/7/2136 https://www.ecfr.gov/current/title-9/section-2.30 https://www.ecfr.gov/current/title-9/section-2.30 https://www.govinfo.gov/link/uscode/7/2136 https://www.ecfr.gov/current/title-9/part-1 available during business hours and at other times mutually agreeable to you, the United States Department of Agriculture Office of Animal and Plant Health Inspection Service (USDA/APHIS) representative, personnel representing the DoD component oversight offices, as well as the grants officer, to ascertain that you are compliant with 7 U.S.C. 2131 et seq., 9 CFR parts 1–4, and DoDI 3216.01.

c. Your care and use of animals must conform with the pertinent laws of the United States, regulations of the Department of Agriculture, and regulations, policies, and procedures of the Department of Defense (see 7 U.S.C. 2131 et seq., 9 CFR parts 1–4, and DoDI 3216.01).

d. You must acquire animals in accordance with DoDI 3216.01.

3. Use of Remedies.

Failure to comply with the applicable requirements in paragraphs 1–2 of this section may result in the DoD Component's use of remedies, e.g., wholly or partially terminating or suspending the award, temporarily withholding payment under the award pending correction of the deficiency, or disallowing all or part of the cost of the activity or action (including the federal share and any required cost sharing or matching) that is not in compliance. See OAR Article III.

Section B. [Reserved]

Appendix D to Part 1122—Terms and Conditions for NP Article IV, “Other National Policy Requirements”

NP Article IV. Other National Policy Requirements. (December 2014)

Section A. Cross-cutting requirements.

1. Debarment and suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR part 180, as adopted by DoD at 2 CFR part 1125.

This includes requirements concerning your principals under this award, as well as requirements concerning your procurement transactions and subawards that are implemented in PROC Articles I through III and SUB Article II.

2. Drug-free workplace. You must comply with drug-free workplace requirements in Subpart B of 2 CFR part 26, which is the DoD implementation of 41 U.S.C. chapter 81, “Drug-Free Workplace.”

3. Lobbying.

a. You must comply with the restrictions on lobbying in 31 U.S.C. 1352, as implemented by DoD at 32 CFR part 28, and submit all disclosures required by that statute and regulation.

https://www.govinfo.gov/link/uscode/7/2131 https://www.ecfr.gov/current/title-9/part-1 https://www.govinfo.gov/link/uscode/7/2131 https://www.ecfr.gov/current/title-9/part-1 https://www.ecfr.gov/current/title-2/part-1122/appendix-Appendix%20D%20to%20Part%201122 https://www.ecfr.gov/current/title-2/part-1122/appendix-Appendix%20D%20to%20Part%201122 https://www.ecfr.gov/current/title-2/part-180 https://www.ecfr.gov/current/title-2/part-1125 https://www.ecfr.gov/current/title-2/part-26 https://www.govinfo.gov/link/uscode/31/1352 https://www.ecfr.gov/current/title-32/part-28

b. You must comply with the prohibition in 18 U.S.C. 1913 on the use of Federal funds, absent express Congressional authorization, to pay directly or indirectly for any service, advertisement or other written matter, telephone communication, or other device intended to influence at any time a Member of Congress or official of any government concerning any legislation, law, policy, appropriation, or ratification.

c. If you are a nonprofit organization described in section 501(c)(4) of title 26, United States Code (the Internal Revenue Code of 1968), you may not engage in lobbying activities as defined in the Lobbying Disclosure Act of 1995 (2 U.S.C., chapter 26). If we determine that you have engaged in lobbying activities, we will cease all payments to you under this and other awards and terminate the awards unilaterally for material failure to comply with the award terms and conditions.

4. Officials not to benefit. You must comply with the requirement that no member of Congress shall be admitted to any share or part of this award, or to any benefit arising from it, in accordance with 41 U.S.C. 6306.

5. Hatch Act. If applicable, you must comply with the provisions of the Hatch Act (5 U.S.C. 1501–1508) concerning political activities of certain State and local government employees, as implemented by the Office of Personnel Management at 5 CFR part 151, which limits political activity of employees or officers of State or local governments whose employment is connected to an activity financed in whole or part with Federal funds.

6. Native American graves protection and repatriation. If you control or possess Native American remains and associated funerary objects, you must comply with the requirements of 43 CFR part 10, the Department of the Interior implementation of the Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C., chapter 32).

7. Fly America Act. You must comply with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118), commonly referred to as the “Fly America Act,” and implementing regulations at 41 CFR 301–10.131 through 301–10.143.

The law and regulations require that U.S. Government financed international air travel of passengers and transportation of personal effects or property must use a U.S. Flag air carrier or be performed under a cost sharing arrangement with a U.S. carrier, if such service is available.

8. Use of United States-flag vessels. You must comply with the following requirements of the Department of Transportation at 46 CFR 381.7, in regulations implementing the Cargo Preference Act of 1954:

a. Pursuant to Public Law 83–664 (46 U.S.C. 55305), at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds under this award, and which may be transported by ocean vessel, must be transported on privately owned United States-flag commercial vessels, if available.

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b. Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 8.a of this section must be furnished to both our award administrator (through you in the case of your contractor's bill-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

9. Research misconduct. You must comply with requirements concerning research misconduct in Enclosure 4 to DoD Instruction 3210.7, “Research Integrity and Misconduct.” The Instruction implements the Governmentwide research misconduct policy that the Office of Science and Technology Policy published in the Federal Register (65 FR 76260, December 6, 2000, available through the U.S. Government Printing Office website: https://www.federalregister.gov/documents/2000/12/06/00-30852/executive-office-of-the-president-federal-policy-on-research-misconduct-preamble-for-research).

10. Requirements for an Institution of Higher Education Concerning Military Recruiters and Reserve Officers Training Corps (ROTC).

a. As a condition for receiving funds available to the DoD under this award, you agree that you are not an institution of higher education (as defined in 32 CFR part 216) that has a policy or practice that either prohibits, or in effect prevents:

i. The Secretary of a Military Department from maintaining, establishing, or operating a unit of the Senior Reserve Officers Training Corps (ROTC)—in accordance with 10 U.S.C. 654 and other applicable Federal laws—at that institution (or any subelement of that institution);

ii. Any student at that institution (or any subelement of that institution) from enrolling in a unit of the Senior ROTC at another institution of higher education.

iii. The Secretary of a Military Department or Secretary of Homeland Security from gaining access to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer; or

iv. Access by military recruiters for purposes of military recruiting to the names of students (who are 17 years of age or older and enrolled at that institution or any subelement of that institution); their addresses, telephone listings, dates and places of birth, levels of education, academic majors, and degrees received; and the most recent educational institutions in which they were enrolled.

b. If you are determined, using the procedures in 32 CFR part 216, to be such an institution of higher education during the period of performance of this award, we:

https://www.federalregister.gov/citation/65-FR-76260 https://www.federalregister.gov/documents/2000/12/06/00-30852/executive-office-of-the-president-federal-policy-on-research-misconduct-preamble-for-research https://www.federalregister.gov/documents/2000/12/06/00-30852/executive-office-of-the-president-federal-policy-on-research-misconduct-preamble-for-research https://www.ecfr.gov/current/title-32/part-216 https://www.govinfo.gov/link/uscode/10/654 https://www.ecfr.gov/current/title-32/part-216

i. Will cease all payments to you of DoD funds under this award and all other DoD grants and cooperative agreements; and

ii. May suspend or terminate those awards unilaterally for material failure to comply with the award terms and conditions.

11. Historic preservation. You must identify to us any:

a. Property listed or eligible for listing on the National Register of Historic Places that will be affected by this award, and provide any help we may need, with respect to this award, to comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. 306108), as implemented by the Advisory Council on Historic Preservation regulations at 36 CFR part 800 and Executive Order 11593, “Identification and Protection of Historic Properties,” [3 CFR, 1971–1975 Comp., p.

559]. Impacts to historical properties are included in the definition of “human environment” that require impact assessment under NEPA (See NP Article II, Section A).

b. Potential under this award for irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, and provide any help we may need, with respect to this award, to comply with the Archaeological and Historic Preservation Act of 1974 (54 U.S.C. chapter 3125).

12. Relocation and real property acquisition. You must comply with applicable provisions of 49 CFR part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs.

13. Confidentiality of patient records. You must keep confidential any records that you maintain of the identity, diagnosis, prognosis, or treatment of any patient in connection with any program or activity relating to substance abuse education, prevention, training, treatment, or rehabilitation that is assisted directly or indirectly under this award, in accordance with 42 U.S.C. 290dd–2.

14. Pro-Children Act.

You must comply with applicable restrictions in the Pro-Children Act of 1994 (Title 20, Chapter 68, subchapter X, Part B of the U.S. Code) on smoking in any indoor facility:

a. Constructed, operated, or maintained under this award and used for routine or regular provision of kindergarten, elementary, or secondary education or library services to children under the age of 18.

https://www.govinfo.gov/link/uscode/54/306108 https://www.ecfr.gov/current/title-36/part-800 https://www.ecfr.gov/current/title-3 https://www.ecfr.gov/current/title-49/part-24 https://www.govinfo.gov/link/uscode/42/4601 https://www.govinfo.gov/link/uscode/42/290dd

b. Owned, leased, or contracted for and used under this award for the routine provision of federally funded health care, day care, or early childhood development (Head Start) services to children under the age of 18.

15. Constitution Day. You must comply with Public Law 108–447, Div. J, Title I, Sec.

111 (36 U.S.C. 106 note), which requires each educational institution receiving Federal funds in a Federal fiscal year to hold an educational program on the United States Constitution on September 17th during that year for the students served by the educational institution.

16. Trafficking in persons. You must comply with requirements concerning trafficking in persons specified in the award term at 2 CFR 175.15(b), as applicable.

17. Whistleblower protections. You must comply with 10 U.S.C. 2409, including the:

a. Prohibition on reprisals against employees disclosing certain types of information to specified persons or bodies; and

b. Requirement to notify your employees in writing, in the predominant native language of the workforce, of their rights and protections under that statute.

https://www.govinfo.gov/link/plaw/108/public/447 https://www.govinfo.gov/link/uscode/36/106 https://www.ecfr.gov/current/title-2/section-175.15#p-175.15(b) https://www.govinfo.gov/link/uscode/10/2409