L17AS00176 - Announcement and Instructions - (BLM-WY, Watershed Health Study Using Amphibian and Bat PresenceAbsence Distribution).docx

[Attachment B] Budget Detail Page 7

FUNDING OPPORTUNITY TITLE:

BLM-WY, Watershed Health Study Using Amphibian and Bat PresenceAbsence Distribution

FUNDING OPPORTUNITY NUMBER:

L17AS00176

ANNOUNCEMENT TYPE:

Request for Applications Issued: 16 June 2017

CFDA NUMBER & TITLE:

15.231 – Fish, Wildlife and Plant Conservation Resource Management

LEGISLATIVE AUTHORITY:

Watershed Restoration and Enhancement Agreements (aka The Wyden Amendment), 16 USC 1011 , PL 104-208, Section 124, as amended by PL 105-277, Section 136, as amended by PL 108-7, Section 135. Section 1011.

DEADLINE FOR SUBMISSION OF APPLICATIONS:

August 15, 2017, 11:59 p.m. MDT

UNITED STATES DEPARTMENT OF THE INTERIOR

Bureau of Land Management

FUNDING OPPORTUNITY ANNOUNCEMENT

for Federal Financial Assistance

CONTACT INFORMATION:

Brandon Beckham, Cooperative Agreements Telephone: (307) 775-6313, Email: ebeckham@blm.gov

Rev 6-2016

A. PROGRAM DESCRIPTION

2. Description of Program and/or Project

a. Background: Through this funding opportunity, BLM seeks to foster cooperative relationships to accomplish on-the-ground activities intended to improve the viability of fish, wildlife, and other biotic resources occurring on within the Upper Green River, Bighorn River and Platte River watersheds.

The BLM manages the Nation’s most ecologically diverse range of aquatic habitat, totaling more than 132,000 miles of fish bearing streams and rivers, over three million acres of lake and reservoir habitat, and nearly 13 million acres of wetlands. From isolated desert springs to Alaska’s North Slope tributaries, BLM aquatic resources support public recreation and subsistence fisheries and are critical for sustaining the Nation’s native aquatic biodiversity and fishing heritages.

The BLM Fisheries and Aquatic Resources Program in Wyoming manages a considerable portion of those thousands of miles of fish bearing streams and considerable proportions of those millions of acres of wetlands. The BLM, seeks to support continued study and development of known distribution maps for native amphibians and bats while working in close partnership with the State of Wyoming, other private stake holders and federal agencies and non-governmental organizations. The BLM is responsible for restoring and managing wetlands and aquatic habitats on BLM administered lands for the benefit of aquatic organisms, including native amphibians, fish, game and resources which rely on these areas as habitat. Priorities for conducting this effort would be to maintain a focus on further defining distributions of amphibians and bats through coordinating passive monitoring strategies with the State of Wyoming – Game and Fish Department, and to identify needs for watershed habitat restoration throughout the State in collaboration with State partners. This will be done by first assessing aquatic areas on BLM lands and those lands associated with BLM land health, to identify locations with sensitive or rare bat and amphibian species. Secondly, conducting follow-up evaluations of habitats present at important sites to assess health and maintenance concerns. Finally, recommendations about steps will be made to include, how the BLM and other partners may work collaboratively in addressing any known or potential threats to these habitats from, invasive species through prevention to maintaining aquatic and riparian public land health standards. Enhancing benefits and opportunities for conservation and public access on BLM lands in Wyoming will make more resources available for lands users.

1. Objectives: The Bureau of Land Management will provide funding to support and encourage a successful recipient to work with the BLM and its partners to:

· Collaboratively plan, develop and deploy passive monitoring equipment and strategies according to protocols and using acoustic monitoring techniques. The recipient will work with BLM and Wyoming Game and Fish Department in the planning and deployment of passive monitoring strategies for BLM lands in Wyoming. Recipient will use and also preferably provide equipment to work with the State and local partners and to place and maintain the monitoring station equipment at work sites.

· Collaboratively develop for on-the-ground passive monitoring on BLM lands to complement Wyoming Game and Fish Department data collection and protocols for amphibians and bats.

· Collaboratively assess and discuss results and any observed needs for restoration or protection of habitats for newly discovered amphibian and bat populations.

· Develop on-the-ground recommendations or project suggestions for habitat maintenance, enhancement, or restoration to support riparian health for amphibians, bats, Greater sage-grouse brood rearing and other priority wildlife and fisheries species.

· Provide technical and logistical support for passive monitoring, data evaluation and reports to BLM, Wyoming Game and Fish Department, and Wyoming Natural Diversity Database.

· This funding and effort is aimed at continuing to foster cooperative partnerships with the State and other local partners in achieving the principal purpose of watershed restoration, protection, and enhancement of amphibians, fisheries, bats, and wildlife habitats. These efforts and relationships will build healthy and resilient riparian areas for the benefit of public resources and reduced risk from natural disasters and potential for invasive species on public or private lands. These aspects are direct benefit to public land resources within all Wyoming watersheds.

· In accordance with this objective, partner will be required to include, within performance report submissions, additional substantive discussion of lessons-learned through project activities which illustrate specific benefits of cooperative partnerships working across landscapes using the Watershed Restoration and Enhancement Agreements authority (16 USC § 1011). Lessons-learned should include, as relevant, the following:

· How leveraging Federal investments with partner contributions result in improved cooperative relationships;

· How cooperative partnerships result in the health of Wyoming watersheds generally;

· How achievements of ecological restoration, protection, and enhancement accomplished on Wyoming watersheds results in improved vitality of, and otherwise benefits fisheries, aquatic, and riparian systems, native wildlife, and other biotic resources on Bureau of Land Management administered lands.

The BLM will work with closely and collaboratively with the recipient and other partners in this effort to encourage projects aimed at protection, restoration and enhancement of watersheds within Wyoming. Specifically, watersheds within the Upper Green River, Bighorn River and Platte River watersheds. The principle purpose of this agreement will be to encourage riparian and aquatic improvement projects that benefit fish, wildlife, and other biotic resources on public lands. The principle purpose will lead to restoring, maintaining and/or enhancing healthy watershed function in each of these specific watersheds. The projects will additionally address and improve resiliency of the system against impacts of natural disasters, including safety concerns that stem from any increased flooding potential. The BLM has made substantial investments with partners of the State of Wyoming, private landowners, and communities at large, to ensure Wyoming public land health, watershed protections against invasive aquatic species, and the separation of native and non-native populations of important game fishes and other special status species. This agreement emphasizes the importance of riparian and wetlands to wildlife, fisheries and other biota throughout the watershed, especially as they occur on BLM public lands.

Recipient will participate and negotiate cost sharing on projects as funding and opportunities arise. The nature of working across boundaries of ownership include the opportunity to leverage public resources and share the costs of watershed health improvements.

b. Public Benefit: The principal purpose of the proposed project is to encourage activities that will promote and stimulate public purposes through encouraging activities that are aimed at improving cooperative relationships between the BLM, tribal, State and local governments, private and non-profit entities, educational entities, and willing private landowners. This is accomplished through cooperative projects that leverage Federal investments with partner contributions for the principle purpose of encouraging riparian and aquatic improvement studies and projects that benefit riparian areas, bats, amphibians and other associated wildlife and biotic resources on public lands. Activities under this proposed undertaking will promote and stimulate public purposes through cooperative studies and projects that leverage Federal investments with partner contributions and efforts.

BLM had determined that, where the principal purpose of the proposed opportunity is to support and stimulate efforts which support lawfully mandated public policy, the proposed undertaking is in the public benefit whereas it is in-line with the broad national interest mandates articulated by Congress in passing the authorizing legislation, or the Watershed Restoration and Enhancement Agreements (aka The Wyden Amendment), 16 USC § 1011, PL 104-208, Section 124, as amended by PL 105-277, Section 136, as amended by PL 108-7, Section 135. Section 1011..

3. Program/Project Performance Goals The BLM and the recipient will meet in the field to discuss any planned study or proposed improvement project to ensure partnership collaboration with invited private landowners, the State Game and Fish personnel/leadership, and other stakeholders within the watershed participating or holding special interest in the project(s). At a minimum the recipient and necessary stakeholders/partners will meet prior to April 30 each year of the agreement to coordinate yearly objectives and encourage implementation of the most beneficial study sites and projects for assessing and maintaining health of the watershed(s) and for involved cooperators, partners, and stakeholders. The BLM will work with the recipient to ensure reports are submitted annually to wildlife program leadership and that these reports will speak to the nature and relative success of study and improvement projects. Reports will also outline the benefits to public land resources as well as enhanced recreational opportunities and protection of special status species and important Wyoming Game and Fish Department wildlife resources.

· Projects are expected to promote improved cooperative relationships between Federal agencies, State and local governments, private and non-profit entities, educational entities, and willing private landowners, through the leveraging of Federal investments with partner contributions in the carrying out of projects across landscapes for the benefit of biotic resources on lands within watersheds.

· Projects are expected to promote and stimulate activities aimed at improving the health and viability of aquatic and terrestrial resources in a watershed through the encouragement of projects aimed at the protection, restoration, and enhancement of these resources, as they occur on public or private land.

· Project accomplishments will be measured both quantitatively (e.g. acres treated, structures completed, etc.) and qualitatively (e.g. best practices, benefits to the resource, etc.).

· Study and Projects are expected to be accomplished over a five-year period, except where a partner has indicated that achievement of project objectives can be accomplished in a shorter time-frame.

B. FEDERAL AWARD INFORMATION

1. Award Instrument

In accordance with the Legislative Authority, a cooperative agreement will be used. The BLM's substantial involvement in this cooperative agreement may include, but not be limited to, the following:

· Joint collaboration between the BLM and recipient in carrying out management, development, implementation, and evaluation of the proposed study and work, including:

· BLM and recipient collaborating in prioritizing study sites on BLM lands and subsequent project or watershed improvement activities;

· BLM and recipient collaborating in developing, any relevant specifications, methodologies and requirements for various relevant study or project-related activities;

· BLM and recipient collaborating in operational involvement and monitoring of relevant activities;

· Review and approval by the BLM of one stage of work prior to the start of the next stage for relevant activities;

· Review and approval by the BLM of any sub-awards and sub-contracts prior to their award;

· BLM joint participation in the selecting of project staff for relevant projects activities which require appropriate expertise;

· Directing or redirecting of recipient work by the BLM because of relationships to other watershed restoration and enhancement projects and/or the jointly developed specifications and requirements for each relevant project activities;

· The ability of the BLM to immediately halt work funded under the agreement because of failure to meet agreement objectives and/or jointly developed specifications and requirements for relevant project activities.

· Pursuant to 16 USC § 1011(c), substantial involvement on the part of the BLM will also include the following, which shall be incorporated into agreement terms and conditions:

· Technical assistance on the part of the BLM in the planning of management activities in the carrying-out study and project activities, with BLM’s technical assistance being provided to the extent necessary to ensure that agreement activities shall improve the viability of and otherwise benefit the fish, riparian, wildlife, including amphibians and bats, and other biotic resources on public lands in a watershed;

· BLM and recipient collaborating in developing, as relevant, specifications and requirements for various relevant activities and BLM providing prior review and approval of associated project expenditures to ensure that such expenditures are in the public interest;

· BLM and recipient collaborating in developing, as relevant, specifications and requirements for various relevant activities and BLM providing prior review and approval to ensure that such specifications and requirements include appropriate protections for any public investment on private lands.

5. Anticipated Start Date 31 August 2017

7. No Obligation to Award The BLM is under no obligation to award funds for this project. Only BLM Grants Management Officers (GMO) may obligate funds for financial assistance.

No pre-award costs will be approved for projects under this announcement.

C. ELIGIBILITY INFORMATION

1. Eligible Applicants This opportunity is open tribal, State and local governments, non-profit entities, educational entities, and willing private landowners interested in working cooperatively with the BLM to:

a. Improve the viability of and otherwise benefit fish, wildlife, and other biotic resources, on public lands occurring in Wyoming watersheds, through projects aimed at the protection, restoration, and enhancement of these resources, as they occur on public or private land, with an ultimate benefit being realized by these resources on public land, and/or,

b. Reducing the risk from natural disaster, existing on public or private land, where such risk threatens public safety and resources, on public lands occurring in Wyoming watersheds, where there exists a nexus between the reduction of risk and improved viability/benefit to fish, wildlife, and other biotic resources as they occur on public lands within Wyoming watersheds.

No other entities are eligible to respond. All responding non-profit entities must provide a copy of their Section 501(c)(3) status determination letter received from the Internal Revenue Service.

2. Cost Sharing (as required under 16 USC § 1011) Non-federal partners are expected to provide for sharing of costs, whereas Congressional intent in passage of the authorizing legislative authority included public benefit through the leveraging Federal investments with partner contributions in order to more effectively benefit resources on public lands within watersheds.

Applicants must include a statement within their application confirming their commitment to provide for sharing of costs in non-Federal cash and/or in-kind contributions for each project funded under this program. Costs allocable as indirect costs based on an organization’s approved Negotiated Indirect Cost Rate Agreement (NICRA) may be used to satisfy cost-sharing or matching requirements. Indirect costs otherwise allocable to this award may not be shifted to another Federal award unless specifically authorized by legislation. If there is more than one non-federal partner for a project their contributions may be combined to meet sharing of costs. If cost sharing is from a third party include a copy of the letter committing funds or interest in the project.

D. APPLICATION AND SUBMISSION INFORMATION

1. Application Package This announcement includes all information, documents, and electronic addresses needed to submit an application through www.Grants.gov. Paper copies may be requested by contacting the individual(s) listed on the application coversheet.

a. Provide a valid DUNS number (Dun & Bradstreet Universal Numbering System) on its application. DUNS numbers are nine-digit numbers established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. DUNS numbers may be obtained free of charge from Dun & Bradstreet, Inc., at: http://fedgov.dnb.com/webform or by calling them at (877) 930-5228.

b. Be registered in SAM (System for Award Management, www.SAM.gov) before submitting its application. SAM is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is no fee to register at this site. Register in the System for Award Management (SAM) at: http://www.sam.gov.

c. Continue to maintain an active SAM registration with current information at all times during which the applicant has an active Federal award or an application or plan under consideration by a Federal awarding agency.

WHAT TO SUBMIT:

Form Name and Number

SF-424 Application for Federal Assistance

SF-424A Budget Information - Non-Construction Programs

SF-424B Assurances - Non-Construction Programs

Grants.gov Lobbying Form

Project Proposal (Attachment A to this document)

Budget Detail (Attachment B to this document)

Federal Agency-approved Negotiated Indirect Cost Rate Agreement (NICRA), if applicable

Financial Assistance Evaluation Questionnaire (if applicable)

a. Project Proposal (Attachment A)

1) Attachment A is a suggested project proposal template and may be used when submitting your proposal. The proposal must be no longer than 15 pages, with a type-face no smaller than 11-point, and have at least one (1) inch margins on all sides. The 15 page limit includes all text, figures, references, and vitae, but does not include the Budget Detail (Attachment B).

2) All proposals are confidential.

b. Budget Detail (Attachment B)

1) Use the Budget Detail form (Attachment B) to present the breakdown of your estimated costs by category needed to accomplish project activities. Estimated costs should be described in sufficient detail so that they may be checked for reasonableness. Include a description of any cost share (cash, in-kind, etc.) listed. Lump sum costs are not acceptable in any category, without a detail breakdown of how the cost were arrived out. No profit or fees are allowable.

2) Budget details should be broken down into the following categories:

(a) Personnel Costs. Salaries or wages of employees working directly on this agreement project, indicate program manager and other key personnel by name and title. Other personnel may be indicated by title alone. For all positions, indicate salaries or wages and estimated hours or percent of time to be spent on the agreement.

(b) Fringe Benefit Costs. The costs of fringe benefits of employees working directly on this agreement project. Indicate rates/amounts, what costs are included in this category, and the basis of the rate computations. Federally approved rate agreements are acceptable for compliance with this item.

(c) Travel Costs. The estimated costs for travel related to agreement activities. Include the purpose of trip, destination, number of persons traveling, length of stay, and all travel costs including airfare, per diem, lodging, and miscellaneous travel-related expenses. For local travel, include mileage and rate of compensation. If applicable, indicate that the costs are per your organization's written travel policy. Current Federal per diem rates (the maximum allowances that federal employees are reimbursed for expenses incurred while on official travel) may be found at http://www.gsa.gov/portal/content/104877.

(d) Equipment Costs. Equipment is defined as expendable tangible personal property having a useful life of more than one (1) year and an acquisition cost of more than $5,000.00, or a value which reaches the capitalization threshold level established by the organization for financial statement purposes.

(e) Supply Costs. The costs of consumable supplies and materials to be used for agreement activities. List each item and quantity individually.

(f) Contractual Costs. Include estimated costs of proposed professional and technical consultants and contractors participating on the project. Identify all work that will be accomplished, including a breakdown of all tasks to be completed, and a detailed budget estimate of time, rates, supplies, and materials that will be required for each task. Any changes or additions will require a request for approval. Procurement procedures must comply with 2 CFR Parts 200.317 through 200.326.

(g) Construction Costs. The cost of any construction directly related to the project activities.

(h) Other Costs. The cost of items not listed above and which do not fit in any other category, such as the cost of duplicating and printing, equipment rental, postage, etc. No profit or fee will be allowed.

(i) Total Direct Costs. The sum of categories (a) through (h).

(j) Indirect Costs.

(1) If indirect costs will be charged to the project, complete this section and show the proposed rate, cost base, and proposed amount for allowable indirect costs. It is not acceptable to simply incorporate indirect rates within other direct cost line items.

(2) Include a copy of any federally approved negotiated indirect cost rate agreement (NICRA).

(3) If your organization has never had a NICRA, the BLM Grants Management Officer (GMO) may allow an indirect cost rate of up to 10% of your base modified total direct costs (MTDC). MTDC includes all salaries and wages, fringe benefits, materials and supplies, services, travel, and subgrants and subcontracts up to the first $25,000 of each. Include the computational basis for the indirect expense pool and corresponding allocation base for your rate.

(4) Information on obtaining a NICRA, "Preparing and Submitting Indirect Cost Proposals," is available from the Department of the Interior, National Business Center, Indirect Cost Section, at http://www.aqd.nbc.gov/services/ICS.aspx.

(k) Total Costs. The total of both direct and indirect costs estimated to be expended on this agreement's activities.

4. Submission Dates and Times See announcement cover sheet for the deadline (date and time) for submission of applications. Applications must be received by the BLM prior to the posted deadline. Any application received after the deadline for submission may not be considered for award unless it can be determined the delay was caused by Federal government mishandling.

a. All applicants should register at www.Grants.Gov and all applications should be submitted electronically through www.Grants.gov unless other arrangements are made and approved of in advance of the submission deadline. If you have any questions or problems with the registration or application submission process, contact the Grants.gov Help Desk at 1-800-518-4726, or go to http://www.grants.gov/web/grants/support/technical-support/troubleshooting.html for online help.

b. Applications submitted through www.Grants.gov are considered to be electronically signed applications.

E. APPLICATION REVIEW INFORMATION

A total of 100 points will be used to score each proposal received. The scores assigned to each criteria in the second level evaluation correspond to their relative importance. Proposals will be evaluated, scored, and ranked by appropriate BLM Staff expert in the program's field of study.

The Government reserves the right to reject any and all proposals which do not meet the requirements of this funding opportunity announcement and which are determined to be outside the scope of the authority under which this announcement is posted.

Award will be made to responsive, responsible applicants submitting proposals which conform to the funding opportunity announcement and are most advantageous to the Government considering the evaluation factors listed below.

The evaluation process will be comprised of the following three screening levels:

1. First Level Screening --Basic Eligibility

b. Applications must satisfy basic eligibility screening requirements to be considered for further review.

2. Second Level Evaluation -- Merit Review Evaluation

a. Merit Review Evaluation. Eligible applications will be evaluated in an objective and unbiased manner using the following merit review criteria using numerical scoring based on a 100 point maximum score.

Recipient Proposals will be Evaluated Using the Following Criteria:

1. OBJECTIVE (Maximum score 10 /100 Points) Describe your mission and objectives.

Describe how these objectives support your mission.

2. TECHNICAL APPROACH (Maximum score 25 /100 Points) Describe the techniques, processes, methodologies to be used.

Describe how data collection, analysis, and means of interpretation will be accomplished.

Describe how the proposed objectives will be achieved within the proposed period of performance (POP).

Describe significant goals or milestones and how they will be measured.

Describe tasks and relationships of partners, if applicable.

3. PUBLIC BENEFIT (Maximum score 25 /100 Points) Describe how this project benefits the general public.

4. QUALIFICATIONS and PAST PERFORMANCE (Maximum score 40 /100 Points) List key project personnel and their contact information.

Describe key personnel responsibilities, time to be dedicated to the project, and how their experience and qualifications are appropriate to success of the project.

List contractors, if known, and their qualifications.

Describe any unique qualifications which support being awarded assistance for this project, such as continuation of the proposed project, technical expertise, cost-sharing ability, etc.

5. BUDGET (Cost Sharing Proposal May Serve as a Tie-Breaker during Merit Review).

Budget line items must be allowable, allocable, reasonable in price, and appropriate for the level of effort needed to accomplish the project

Budget details and narrative must provide adequate explanation of, and justification for, each estimated cost

Requested equipment must be justified and necessary for completion of the project

Cost Sharing/Matching funds must not come from Federal funds non-Federal sources.

3. Third Level Review Pre-award Clearance and Approvals

Following the described review process, BLM will also complete a business evaluation and determination of responsibility. During these evaluations the Grants Management Officer will evaluate variables such as:

a. Risk Management. The BLM uses a risk-based approach to evaluate the risk posed by the supporting applicants’ projects before it awards Federal funds.

2) Budget review is based on the following:

If the results of all pre-award reviews and clearances are satisfactory, an award of funding will be made once the agreement is finalized. If the BLM determines that a Federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Federal award

If the results of pre-award reviews and clearances are unsatisfactory, consideration of funding for the project may be withdrawn.

4. Application Selection Process

a. Applications eligible for merit review will be evaluated by an ad hoc evaluation team assembled to review, rate, rank, and recommend applications for award using the above evaluation criteria. Evaluation teams are made up of two or more qualified personnel familiar with the program and who have been certified to have no conflict of interest with any persons or organizations applying for award.

b. Reviews are treated as confidential documents. Once award decisions are made, applicants may request in writing a written summary of the evaluation of their application/proposal.

F. FEDERAL AWARD ADMINISTRATION INFORMATION

1. Federal Award Notices

a. Any award made from this announcement will be based on the application submitted to, and as approved by, the Department of the Interior, Bureau of Land Management, and will be regulated by OMB's Uniform Guidance, 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

b. Acceptance. Acceptance is defined as the start of work, drawing down of funds, or accepting the award via electronic means. Costs may not be incurred before the effective date listed on the award. Acceptance of a Federal Financial Assistance award from the Department of the Interior, Bureau of Land Management, carries with it the responsibility to be aware of, and comply with, the administrative and national policy requirements and terms and conditions of award.

2. Reporting

Periodic submission of Federal Financial reports (SF-425), Performance/Progress reports, and Youth Employment reports (if applicable) will be required under this financial assistance agreement. Submission of financial and performance/progress reports may be required either quarterly, semi-annually, or annually. Submission of youth employment reports (if applicable) is required quarterly.

3. Administrative and National Policy Requirements

a. Office of Management and Budget Guidance for Grants and Agreements. By accepting additional Federal funding under the current Federal assistance, your organization agrees to abide by the applicable OMB Guidance for Grants and Agreement in the expenditure of Federal funds and performance under this program. OMB guidance is available at the following web site: http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subtitleA.tpl

b. Administrative Requirements.

1) 2 CFR Part 200 Subparts A through D - Uniform Administrative Requirements and Cost Principles.

2) 2 CFR Part 200 Subpart F - Audit Requirements. Non-Federal entities that expend $750,000.00, or more, in federal awards in a single year shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, available at: http://www.whitehouse.gov/omb/circulars_default.

3) Indirect Facilities and Administration (F&A) Costs.

(a) 2 CFR Part 200.414 - Indirect (F&A) Costs

(b) 2 CFR, Appendix III to Part 200 - Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs)

(c) Appendix IV to Part 200 - Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations

(d) Appendix V to Part 200 - State/Local Government-wide Central Service Cost Allocation Plans

(1) The provisions of 2 CFR 200.414(c) require Federal agencies to accept federally negotiated indirect cost rates. The BLM has applied the following policies, procedures and general decision-making criteria for deviations from negotiated Indirect Cost Rates for financial assistance programs and agreements.

(2) Distribution Basis. For all deviations to the Federal negotiated indirect cost rate, including statutory, regulatory, programmatic, and voluntary, the basis of direct costs against which the indirect cost rate is applied must be:

(i) The same base identified in the recipient’s negotiated indirect cost rate agreement, if the recipient has a federally negotiated indirect cost rate agreement; or

(ii) The Modified Total Direct Cost (MTDC) base in cases where the recipient does not have a federally negotiated indirect cost rate agreement or, with prior approval of the Awarding Agency, when the recipient's federally negotiated indirect cost rate agreement base is only a subset of the MTDC (such as salaries and wages) and the use of the MTDC still results in an overall reduction in the total indirect cost recovered. MTDC is the base defined by 2 CFR 200.68, "Modified Total Direct Cost (MTDC)."

(iii) In cases where the recipient does not have a federally negotiated indirect cost rate agreement, under no circumstances will the Department use a modified rate based upon Total Direct Cost or other base not identified in the federally negotiated indirect cost rate agreement or defined within 2 CFR 200.68. The purpose of this restriction is to ensure that the reduced rate is applied against a base that does not include any potentially distorting items (such as pass-through funds, subcontracts in excess of $25,000, and participant support costs) and is based on the requirements outlined in 2 CFR 200.68; 2 CFR 200.414(f); 2 CFR 200 Appendix III, Section C.2.; 2 CFR 200 Appendix IV, Section B.3.f.; and Appendix VII, Section C.2.c.

(3) Indirect Cost Rate Reductions Used as Cost-Share. Instances where the recipient elects to use a rate lower than the federally negotiated indirect cost rate, and uses the balance of the unrecovered indirect costs to meet a cost-share or matching requirement required by the program and/or statute, are not considered a deviation from 2 CFR 200.414(c) as the federally negotiated indirect cost rate is being applied under the agreement in order to meet the terms and conditions of the award.

c. Program Legislation and/or Regulations.

4. Standard Award Terms and Conditions

a. Code of Federal Regulations/Regulatory Requirements, as applicable (contact your program officer with any questions regarding the applicability of the following):

Recipients must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.

Recipients must notify their employees or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect

b. Funding.

1) Awards shall be funded subject to availability of BLM funding. Initial funding does not guarantee additional funding in subsequent years.

2) Once the grant or cooperative agreement is signed by a BLM Grants Management Officer (GMO), funding is obligated and the recipient may incur approved costs beginning on the effective date of the award and as specified in their submitted and approved budget.

c. Payment Mechanism. Payment will be made by draw-down reimbursement through the Department of the Treasury, Automated Standard Application for Payment (ASAP) System. See following website: http://www.fms.treas.gov/asap Treasury Circular 1075 (31 CFR 205) requires that draw-downs to a recipient organization shall be limited to the minimum amounts needed and shall be timed to be in accordance with the actual, immediate cash requirements of the recipient organization in carrying out the purposes of the approved program or project. The timing and amount of cash advances shall be as close as is administratively feasible to the actual disbursements by the recipient organization for direct program or project costs and the proportionate share of any allowable indirect costs

d. Conflicts of Interest. The Recipient must establish safeguards to prohibit its employees and sub-recipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Recipient is responsible for notifying the Grants Management Officer (GMO) in writing of any actual or potential conflicts of interest which may include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the recipient and/or recipient's employees and sub-recipients in the matter.

5. Special Award Terms and Conditions:

a. Liability, Insurance, and Indemnification. Recipients of awards arising from this announcement will be required to agree to the following:

1) Liability. The BLM assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act, 28 USC 2671.

2) Indemnification. The recipient hereby agrees:

(a) To indemnify the federal government, Bureau of Land Management (BLM), from any act or omission of the recipient, its officers, employees, or (members, participants, agents, representatives, as appropriate) (1) against third party claims for damages arising from one or more activities carried out in connection with this financial assistance agreement and (2) for damage or loss to government property resulting from such an activity, to the extent the laws of the State where the recipient is located permit. This obligation shall survive the termination of this agreement.

(b) To pay the United States the full value for all damage to the lands or other property of the United States caused by the recipient, its officers, employees, or (members, participants, agents, representatives, agents as appropriate).

(c) To provide workers' compensation protection to the recipient’s officers, employees, and representatives.

(d) To cooperate with the BLM in the investigation and defense of any claims that may be filed with the BLM arising out of the activities of the recipient, its agents, and employees.

(e) In the event of damage to or destruction of the buildings and facilities assigned for the use of the recipient in whole or in part by any cause whatsoever, nothing herein contained shall be deemed to require the BLM to replace or repair the buildings or facilities. If the BLM determines in writing, after consultation with the recipient that damage to the buildings or portions thereof renders such buildings unsuitable for continued use by the recipient, the BLM shall assume sole control over such buildings or portions thereof. If the buildings or facilities rendered unsuitable for use are essential for conducting operations authorized under this agreement, then failure to substitute and assign other facilities acceptable to the recipient will constitute termination of this agreement by the BLM.

(f) Flow-down. For the purposes of this clause, "recipient" includes such sub-recipients, contractors, or subcontractors as, in the judgment of the recipient and subject to the Government's determination of sufficiency, have sufficient resources and/or maintain adequate and appropriate insurance to achieve the purposes of this clause.

(g) Identified Activities. All activities carried out in connection with financial assistance arising from this funding opportunity announcement.

b. Recipients must successfully complete an appropriate Defensive Driving Course before operating a Government-owned vehicle (GOV).

c. Recipients must successfully complete appropriate safety and training requirements before operating Government-owned equipment, 4-wheel all-terrain vehicles (ATV) or other Government-furnished property (GFP).

d. Recipient/Sub-recipient Personnel Security and Suitability Requirements.

1) If performance of this grant/cooperative agreement requires recipient/sub-recipient personnel to have a Federal government-issued personal identification card before being allowed unsupervised access to a DOI facility and/or information system, the Program Officer will be the sponsoring official, and will make the arrangements for personal identity verification and card issuance.

3) Recipient and sub-recipient employees are required to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the recipient or sub-recipient personnel being screened or investigated in person, by telephone or in writing, and the recipient agrees to make them available for such contact.

4) Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further clearance may not be necessary. Provide the sponsoring office with documentation that supports the individual’s status.

5) During performance of the grant/cooperative agreement, the recipient will keep the Program Officer apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the Program Officer, Grants Management Officer, and Issuing Office within 24 hours. Replacement will be at the recipient’s expense. If reissuance of expired credentials is needed, it will be coordinated through the Program Officer.

6) At the end of…