NOFO - Revised 2019.04.23.docx

Notice of Funding Opportunity (NOFO)

U.S. DOT: PHMSA Page 2 of 2

FY 2019 One Call Grant NOFO U.S. Department of Transportation

Pipeline and Hazardous Materials Safety Administration (PHMSA)

State Damage Prevention (SDP) Program Grants Fiscal Year 2019

NOFO Posted Date: March 15, 2019 Application Due Date: May 1, 2019 Questions Due Date: April 20, 2019

Applicant must be registered at www.grants.gov to apply for the grant. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays in submission. Additionally, applicants must maintain a valid Dun and Bradstreet Universal Numbering System (DUNS) number and an active registration in the System for Award Management (SAM) at www.SAM.gov

Furthermore, applicants must register with FedConnect at https://www.fedconnect.net for an account before submitting an application. Your organization’s Marketing Partner ID number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how to use the portal, view the FedConnect: Ready, Set, Go! Tutorial under the Need Help? section on the FedConnect home page.

Assistance Listing Program Number (formerly CFDA)

20.720 “State Damage Prevention Program Grants”

PHMSA NOFO Number:

693JK319NF0004

Table of Contents Program Summary………………………….……………………………………………3 Mission…………………………………………………………………………………….4

NOFO# 693JK319NF0004

FY 2019 State Damage Prevention (SDP) Grant Notice of Funding Opportunity

US DOT PHMSA

Program Summary

Federal Agency Name: U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA)

Funding Opportunity Title: State Damage Prevention (SDP) Program Grants

Announcement Type: Initial Announcement

Funding Opportunity Number: 693JK319NF0004

Assistance Listing Program (formerly CFDA) Number: 20.720

MISSION

The mission of the U.S. Department of Transportation (DOT) is to ensure our nation has the safest, most efficient and modern transportation system in the world. DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) protects people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents. We also prepare the public and first responders to reduce consequences if an incident does occur. To accomplish this, PHMSA awards grants to states, localities, communities, and nonprofits that help make sure pipelines operate safely and shipments arrive without incident.

SECTION A – PROGRAM DESCRIPTION

A.1 Purpose Pipeline safety is a shared responsibility and the purpose of the State Damage Prevention (SDP) Program grant is to establish or improve state programs and to protect underground pipeline facilities from excavation damage. The SDP grants provide funding to assist eligible states establish a comprehensive program to prevent damage to underground pipelines in states that do not have such programs and to improve damage prevention programs in states that do.

A.2 Statute and Program Authority The SDP program was first authorized in the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (Public Law 109-468), codified at 49 U.S.C. § 60134. 49 U.S.C. § 60134(a) authorizes the Secretary of Transportation to make grants to a state authority (including a municipality with respect to intrastate gas pipeline transportation) to assist in improving the overall quality and effectiveness of a damage prevention program of the state authority. The SDP program has been further amended by the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112-90).

A.3 Background Since program inception in 2008, PHMSA has awarded over $16.6 million in SDP grant funds to over 40 state organizations. States are required to implement at least one of the nine elements of an effective damage prevention program, as set out in 49 U.S.C. § 60134(b), with the grant funds. A summary of the past SDP awards, including final reports from completed grant projects, is available at https://primis.phmsa.dot.gov/sdp/?nocache=2783.

SECTION B – FEDERAL AWARD INFORMATION

B.1 Funding PHMSA anticipates an FY 2019 appropriation of $1,500,000 will be available to support the SDP grant program. Grant awards under this NOFO will not exceed $100,000 for a single recipient.

B.2 Period of Performance The period of performance is 12 months from the effective date of award for each grant. Applicants should only apply for funding that can be reasonably expended within this timeframe and for projects that can be completed within the period of performance.

B.3 Type of Award Discretionary grant award.

B.4 Previous Awards Applicants that received a previous PHMSA SDP grant award may apply for a FY 2019 SDP grant. Additionally, applicants that applied for a previous PHMSA One-Call grant may also apply for a FY 2019 SDP grant. Applicants may apply for grants under both programs for projects that are related, but cannot receive funding under both programs for projects that are identical in scope.

SECTION C – ELIGIBILITY INFORMATION

C.1 Eligible Applicants Any state authority designated by the Governor, including a municipality, which is or will be responsible for protecting underground pipeline facilities from excavation damage is eligible. Applicants must have the eligible state authority participate in the oversight of pipeline transportation pursuant to an annual 49 U.S.C. § 60105 certification or a 49 U.S.C. § 60106 agreement in effect with PHMSA.

To qualify for funding under this program, a state may not provide any exemptions to municipalities, state agencies, or their contractors, from the one-call notification system requirements of the program. See 49 U.S.C. § 60134(a)(3).

C.2 Cost Sharing or Matching There are no cost-sharing or matching requirements.

C.3 Other Eligibility Requirements – The Nine Elements of Effective Damage Prevention Program PHMSA may award a grant to an eligible state authority only if the state has an effective damage prevention program or demonstrates that it has made substantial progress toward establishing an effective program. An effective damage prevention program (See 49 U.S.C. §60134(b)) includes these nine elements below:

· Element 1 : Participation by operators, excavators, and other stakeholders in developing and implementing methods for establishing and maintaining effective communications between stakeholders -- from receipt of an excavation notification to successful completion of the excavation, as appropriate.

· Element 2 : A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program.

· Element 3 : A process for reviewing the adequacy of a pipeline operator’s internal performance measures regarding persons performing locating services and quality assurance programs.

· Element 4 : Participation by operators, excavators, and other stakeholders in developing and implementing effective employee training programs to ensure that operators, the one-call center, the enforcing agency, and the excavators have partnered to design and implement training for the employees of operators, excavators, and locators.

· Element 5 : A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities.

· Element 6 : A process for resolving disputes that defines the state authority’s role as a partner and facilitator to resolve issues.

· Element 7 : Enforcement of state damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate state authority.

· Element 8 : A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs.

· Element 9 : A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements identified by such program reviews.

SECTION D – APPLICATION AND SUBMISSION INFORMATION

D.1 Address to Request Application Package A copy of this NOFO can be retrieved from www.grants.gov using the following basic search criteria:

(1) Keyword(s): State Damage Prevention

(2) NOFO #: 693JK319NF0004

(3) CFDA Number: 20.720

To begin the process, applicants must be registered with www.grants.gov to submit an application. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays with submission. Failure to comply with the prescribed application requirements as described in this section may result in an application not being reviewed.

Accessing Grants.gov:

For new users, go to http://www.grants.gov/web/grants/applicants.html, or go to the main page at http://www.grants.gov/ and select “Register.” NOTE: New user registrations for Grants.gov can take up to two weeks to complete. For additional questions on how to register, contact Grants.gov support by phone at (800) 518-4726 or by email at support@grants.gov.

D.2 Content and Form of Application Submission Each application must consist of the following required documents:

1. Application for Federal Assistance (Standard Form (SF) -424)

2. Budget Information – Non-Construction Programs (SF-424A)

3. Project Narrative

4. Budget Narrative and Estimates

5. Standard Title VI/Non-Discrimination Assurances

6. Certification Regarding Lobbying

7. If you have included direct costs in the SF 424 then also submit an approved Indirect Cost agreement.

For the SDP grant, all applications must also submit separate documents that:

a. Address the Nine Elements of Effective Damage Prevention and (1) describe existing initiatives within the state, (2) outline whether the project or projects proposed in the application addresses an element, (3) describe how the project will enhance or continue the implementation of the element, and (4) develop a separate budget and budget narrative that addresses each element.

b. Describe any legislative or regulatory actions (including legislative/regulatory studies or the establishment of committees or teams to develop a plan to improve the state damage prevention program) taken by the state within the past five years pertaining to damage prevention program improvement, even if those actions were not completely successful (300 words or less).

c. Provide a letter, signed by the Governor, designating the applicant as the state authority eligible to receive the grant. DO NOT PHYSICALLY MAIL THE LETTER, but address the letter to Ben Patterson, U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA), ATTN: Acquisition Services Division (PHF-20), 1200 New Jersey Ave, SE, E22-305, Washington, DC 20590. See Section D.4 for submission instructions.

The application forms and templates are available on Grants.gov in the ‘Related Documents’ tab with detailed instructions on the application process.

D.3 Dun and Bradstreet Universal Numbering System (DUNS) Number and System for Award Management (SAM) Each applicant is required to: (i) Be registered in SAM before submitting its application; (ii) provide a valid DUNS number in its application; and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application under consideration by PHMSA. PHMSA may not make a grant award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements. We recommend that applicants review the SAM database to ensure that their DUNS number is updated and active: https://www.sam.gov/portal/public/SAM/. PHMSA will review an applicant’s registration status to make a responsibility determination to ensure that the applicant is responsible, current on all Federal taxes, and is not on the list of parties excluded from Federal awards.

D.4 Submission Dates and Times Complete applications must be received electronically through Grants.gov by 5:00 PM Eastern Time on May 1, 2019. DO NOT PHYSICALLY MAIL ANY APPLICATIONS. Applications received after this deadline may not be considered. PHMSA will only accept one application from each applicant.

Questions Due Date & Time: April 20, 2019 at 5:00 pm EDT NOTE: All questions MUST be submitted via the Message Center in FedConnect. Please do not send questions via e-mail. PHMSA is not responsible for answering questions that were received after the Questions Due Date & Time.

D.5 Funding Restrictions

· Funds provided under grant awards may not be used for lobbying, advocacy or in direct support of litigation.

· Funds should not be used to cover costs associated with the normal operations of the one-call center.

· Funds should not be used to cover costs associated with regulatory compliance programs for pipeline operators.

· All PHMSA awards are subject to the terms and conditions in the grant agreement and cost principles in 2 CFR Part 200 Subpart E.

· Prior written approval from the Agreement Officer is required for all pre-award costs.

D.6 Other Submission Requirements PHMSA requires applicants for this funding opportunity to apply electronically through grants.gov. Do not physically mail the application. Applicants must download the application package associated with this funding opportunity at www.grants.gov.

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Evaluation Criteria PHMSA will evaluate the SDP applications using the evaluation criteria below to rate and select competing applications. Each of these categories will be weighted, with Criterion 1 being weighted the most, and Criterion 5 being weighted the least. Submission of an application is not a guarantee of award. PHMSA may, at its discretion, award a grant based on an application in its entirety, award only portions of a grant based on its application, or not award a grant at all.

Criterion 1. Relevance to the Nine Elements:

This criterion will be used to evaluate proposed work under each element addressed in the application and will be used to evaluate whether proposed projects:

· Clearly link results to one or more of the nine elements listed in Section C.3.

· Have merit for advancing implementation or continued support of the nine elements within the state.

· Align with the meaning and intent of the nine elements, as described in PHMSA’s Damage Prevention Assistance Program (DPAP) Guide (available at http://primis.phmsa.dot.gov/comm/publications/DPAP-Guide-FirstEdition- 20080911.pdf?nocache=6648).

Criterion 2. Costs, Results and Schedule:

This criterion will be used to evaluate proposed work under each element addressed in the application and will be used to evaluate whether proposed projects:

· Will produce tangible results within the proposed project period.

· Establish clear goals, objectives, milestones, and estimates of project costs.

· Have deliverables that do not overlap with the deliverables of any other PHMSA grant award to the States.

· Use funds efficiently and effectively.

Criterion 3. State’s Commitment to the Nine Elements:

This criterion will be used to evaluate the applicant’s description of existing damage prevention activities as they relate to the nine elements. This criterion will be used to evaluate applications that demonstrate that the state has made substantial progress toward, or has clear and concrete plans for, implementing the nine elements.

Criterion 4. State’s Commitment to Damage Prevention Program Effectiveness: This criterion will be used to evaluate the applicant’s description of any legislative or regulatory actions (including studies, etc.) taken by the state within the past five years pertaining to damage prevention program improvement. This criterion will be used to evaluate applications that demonstrate the state’s commitment to ensuring lasting damage prevention program effectiveness and continuing improvement, including any legislative and/or regulatory actions taken within the past five years or other significant activities, such as efforts of study groups or task teams established to analyze the state’s damage prevention program.

Criterion 5. Past Performance:

This criterion will be used to evaluate past performance of applicants who have received a PHMSA State Damage Prevention grant or other grant in the past. Past performance includes fulfillment of grant agreements in a timely manner and compliance with grant terms and conditions. Applicants who received funding previously for a project that is ongoing, and are requesting grant funding for the continuation of that project, should provide a summary of accomplishments and tasks completed during the previous grant period. The information provided should include measurable results and deliverables, and should include any information about tasks that were not completed or other challenges encountered during the grant period.

E.2 Review and Selection Process PHMSA will conduct an initial administrative review of each completed application to determine if it is complete and meets the eligibility and responsibility requirements. A technical evaluation panel composed of representatives from damage prevention stakeholder groups will review and evaluate each completed application that meets the eligibility requirements and provide recommendations for award.

Final award recommendations will be made by the PHMSA Administrator to the Secretary of Transportation after taking into consideration recommendations made by the technical evaluation panel and how well the applications address PHMSA’s damage prevention safety priorities which include, but are not limited to:

Element 1: Effective Communication;

Element 5: Public Education; and, Element 7: Enforcement.

The Administrator will also consider the following key Departmental objectives:

A. Supporting economic vitality at the national and regional level;

B. Utilizing alternative funding sources and innovative financing models to attract non-Federal sources of infrastructure investment;

C. Accounting for the life-cycle costs of the project to promote the state of good repair;

D. Using innovative approaches to improve safety and expedite project delivery; and, E. Holding grant recipients accountable for their performance and achieving specific, measurable outcomes identified by grant applicants.

Final award decisions will be made by the Secretary of Transportation.

For each of the project requests, the review team will rate the application using the following guidelines:

Rating Guideline

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

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

Marginal - The application demonstrates that the NOFO requirements are mostly understood and the approach will likely result in satisfactory performance for part of the request. The applicant addresses some of the requirements with some correctable weaknesses. The applicant demonstrates some experience, qualifications, and/or performance capabilities. The application scope marginally aligns with the DOT objectives and priorities. The risk of poor performance is moderate.

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

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices PHMSA’s grant awarding official will award grants to responsible and eligible applicants whose applications are judged most meritorious under the procedures set forth in this NOFO. All funds provided by PHMSA must be expended solely for the purpose for which the funds are awarded in accordance with the approved application and budget, regulations, terms and conditions of the award, applicable Federal cost principles, and the Department’s financial assistance regulations. Grant funds may not be used for lobbying or litigation; cover costs associated with the normal operations of a one-call center; or, for costs associated with regulatory compliance programs for pipeline operators.

The grant award agreement will provide pertinent instructions and information including, at a minimum, the following:

1) The legal name and address of the recipient;

2) Title of project;

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

4) Federal Award Identification Number (FAIN) assigned by PHMSA;

5) Period of Performance

6) Total amount of financial assistance approved for the project;

7) Legal authority(ies) under which the award is issued;

8) Assistance Listing Program (formerly CFDA) number and name;

9) Applicable award terms and conditions;

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

11) Other information or provisions deemed necessary by PHMSA.

F.2 Administrative and National Policy Requirements Several Federal statutes and regulations apply to grant applications considered for review and grants awarded under this program. See Attachment 1: Terms and Conditions of this NOFO for a list of statutes and regulations that are applicable. See Attachment 2: Standard Title IV/Non-Discrimination Assurances.

F.3 Reporting Progress Reports: Grantees must submit a Mid-term Progress Report and Mid-term Financial Status Report (Standard Form 425) six months after the effective date of the grant award.

Final Reports: Grantees must submit a Final Report and Final Financial Status Report (Standard Form 425) no later than 90 days after the end of the grant period of performance.

The written Mid-Term Progress Report and Final Report will include the following information:

1. A comparison of actual accomplishments to the objectives established for the period.

2. Where the output of the project can be quantified, a computation of the cost per unit of output.

3. The reasons for slippage if established objectives were not met.

In total, four reports (Progress Report, Final Report, Mid-term Financial Status Report, and Final Financial Status Report) on the deliverables funded by the grant will be required. In addition to the information above, the reports must include the following (1) a description of how the funds were used to improve the state damage prevention program; (2) documentation of actual expenses; and (3) a separate report summary not exceeding one page in length. PHMSA will review the final reports to ensure that grant objectives were satisfactorily implemented.

F.4 Payments Recipients may request up to 50 percent of the total amount of the award upon execution of the grant agreement. The remaining amount may be requested upon receipt and approval (by the PHMSA Agreement Officer) of the mid-term progress report and mid-term financial status report.

SECTION G – FEDERAL AWARDING AGENCY CONTACTS

Primary Point of Contact:

Brandon Beyer, Agreement Specialist Phone: (202) 366-5513 Email: brandon.beyer@dot.gov

Secondary Point of Contact:

Ben Patterson, Agreement Officer Phone: (202) 366-5102 Email: Ben.Patterson@dot.gov

NOTE: All questions related to the content of this funding opportunity MUST be submitted via the Message Center in FedConnect. Please do not send questions via e-mail.

Only for technical issues or questions related to FedConnect, please email support@fedconnect.net or call 1-800-899-6665.

Only for technical issues or questions related to Grants.gov, please email support@grants.gov or call 800- 518-4726.

US DOT/PHMSA

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