NOFO Utton DWR Legal Extern 2017.docx

U.S. Fish and Wildlife Service National Wildlife Refuge System – Division of Water Resources

Law and Graduate Student Research Assistant Catalog of Federal Domestic Assistance (CFDA) Number: 15.649

Notice of Funding Opportunity

I. Description of Funding Opportunity The U.S. Fish and Wildlife Service (Service), Division of Water Resources (DWR), intends to award this single source agreement to the University of New Mexico (UNM), Utton Transboundary Resources Center (Center) for a period not-to-exceed 5 years. The funds are intended to provide an introductory developmental education experience of natural resource and legal careers to young people, including culturally, ethnically, and economically diverse students, through training, hands on experience and mentoring with the Service’s Southwest Region. Under this program, individuals: 1) will be introduced to natural resources careers through hands-on work with, and training by, natural resource professionals employed by the Service and the U.S. Department of the Interior’s (DOI) Office of the Solicitors (SOL); 2) may be given the opportunity to serve both seasonal and/or year-round assignments; 3) be introduced to various real-world conservation activities in regards to water such as water rights, adjudication, riparian restoration, monitoring, education and outreach, mixed with informal and formal training sessions directed by the Service and SOL employees; and 4) be provided feedback for their future growth.

This award is made under the authority of: Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of fish and wildlife species and their habitat (16 U.S.C. 661 and 742 et seq.), Fish and Wildlife Improvement Act of 1978, as amended (16 U.S.C. 753). Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884).

II. Award Information This program uses a cooperative agreement as the financial assistance instrument. The Service will be substantially involved in projects under this funding opportunity. In particular, the Service will be responsible for the following: 1) oversee day-to-day activities of the student hire; 2) manage mandated administrative details such as background checks, computer access, and trainings; 3) provide biological and hydrological expertise particularly, but not limited to DWR; and 4) provide legal expertise out of the DOI SOL. Contingent upon the availability of funds, the Service will award to the UNM Center an amount not-to-exceed $75,000 per fiscal year for the next 5 fiscal years to provide an introductory developmental experience of natural resource and legal related careers to university recruited participants. The Recipient, Center, will provide graduate students from UNM to serve as research assistants and work with and in support of the Service’s National Wildlife Refuge System (NWRS). The Center will strive to identify at least one qualified research assistant to work with DOI per academic semester. The Center will serve as the supervisor of the research assistants assigned to work with DOI pursuant to this agreement, while the primary direction for the work assigned will come from either DOI’s NWRS or the SOL. The Center will provide DOI with an invoice at the end of each academic semester based upon a total rate of $15.12 per hour worked by each research assistant during that semester. This total rate includes the $12 per hour wage to be paid by the Center to the research assistants plus a 26 percent indirect cost fee. The Center will provide DOI with an invoice at the end of each academic semester that includes expenses related to student project activities, such as travel or research equipment.

III. Basic Eligibility Requirements Eligible Applicants:

Eligible applicants include: Public and State-Controlled Institutions of Higher Education engaged in collaborative resource management, water, natural resources, environmental and legal issues, with a focus on New Mexico and the Southwest.

Federal law mandates that all entities applying for Federal financial assistance must have a valid Dun & Bradstreet Data Universal Number System (DUNS) number and have a current registration in the System for Award Management (SAM). See Title 2 of the Code of Federal Regulations (CFR), Part 25 for more information. Exemptions: The SAM registration requirement does not apply to individuals submitting an application on their own behalf and not on behalf of a company or other for-profit entity, state, local or Tribal government, academia or other type of organization.

A. DUNS Registration Request a DUNS number at http://fedgov.dnb.com/webform. For technical difficulties, contact Dun & Bradstreet by email at: govt@dnb.com, or by calling the Government Customer Resource Center at voice phone: 866-705-5711 or TTY line: 877-807-1679 (hearing impaired customers only). Once assigned a DUNS number, entities are responsible for maintaining up-to-date information with Dun & Bradstreet.

B. Entity Registration in SAM Register in SAM at www.sam.gov. Once registered in SAM, entities must renew and revalidate their SAM registration at least every 12 months from the date previously registered. Entities are strongly urged to revalidate their registration as often as needed to ensure that their information is up to date and in synch with changes that may have been made to DUNS and IRS information. Foreign entities who wish to be paid directly to a United States bank account must enter and maintain valid and current banking information in SAM.

Note: The official U.S. government website address for SAM is www.sam.gov. There is NO COST to register in or access SAM.gov. There are third-party vendors who charge a fee in exchange for registering entities in SAM; please be aware that you can register to do business with the U.S. government FOR FREE directly in SAM at www.sam.gov.

C. Excluded Entities Applicant entities or their key project personnel identified in the SAM.gov Exclusions database as ineligible, prohibited/restricted or excluded from receiving Federal contracts, certain subcontracts, and certain Federal assistance and benefits will not be considered for Federal funding, as applicable to the funding being requested under this Federal program. The Service conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award.

D. Cost Sharing or Matching: Applicants cost share will be as indirect costs in administrative time to include: 1) recruiting student hires, 2) managing student payroll, 3) technical liaison for student. However recipients may only charge to the Federal award the indirect costs calculated against the allowable direct costs charged to the Federal award. The Recipient may not charge to the Federal award indirect costs calculated against any portion of the recipient’s direct costs that are proposed as voluntary committed cost-share/match any portion of the direct costs charged to any other Federal or non-Federal partner.

IV. Application Requirements To be considered for funding under this funding opportunity, an application must contain:

A. A completed, signed and dated Application for Federal Assistance form forms (SF-424; 424a, 424c, 424d). The SF-424 forms are available online at http://apply07.grants.gov/apply/FormLinks?family=15.

Do not include other Federal sources of funding, requested or approved, in the total entered in the “Federal” funding box on the Application for Federal Assistance form. Enter only the amount being requested under this program in the “Federal” funding box. Include any other Federal sources of funding in the total funding entered in the “Other” box.

C. Project Narrative

1. Statement of Need: Recently the Service completed an effort to assess the water resources, including water rights, of the NWRS through a Water Resource Inventory and Assessment (WRIA) process. Threats and Needs tables within the WRIAs for each refuge provides a high-level overview of the need for a more comprehensive understanding of the water right resources. Forty-two WRIA were reviewed for this summary. Of the 42 refuges, 21 did not have water rights listed in the WRIA Threats and Needs summary; of the 21 refuges that were listed 11 refuges needed more clarification of their water rights. Only 10 refuges had clear understandable water rights, 7 refuges had water rights but were unclear as to what those rights were or how they were required to be managed. Fourteen refuges did not have water rights, but instead had some type of water resource available; however it was unclear what that resource exactly was. Twenty-six refuges were listed as needing some type of clarification whether or not they possessed a water right. At least 50 percent of refuges do not have a clearly understood water right.

2. Project Goals and Objectives: The WRIA analysis provided a basic need for a more comprehensive understanding of the water rights of the Service system; below are several goals and objectives that require addressing.

· Goal #1: A clear description of Service water rights

· Goal #2: A clear understanding of the State water law system and how they affect the Service activities and management actions

· Goal #3: Develop an understanding of the legality of Instream flows on refuge; and management of groundwater and surface water rights for each region, each county, and each state, in regards to refuge water management

· Goal #4: Increased support for riparian and wetland restoration

· Objective #1: A thorough accounting of each Service water rights and best management practices for water right management and a detailed list of available resources

· Objective #2: A detailed list of the governing agencies, the point of contacts and where are they located for Service manager use

· Objective #3: A literature review of State statutes governing instream flow rights and case study’s supporting applied instream flow rights

· Objective #4: Increase number of hands on riparian and wetland restoration activities

3. Project Activities, Methods and Timetable: Over the course of the school semester project activities will be separated into two broad categories; 25 percent of the interns time will be devoted to the SOL in order to provide support and research in developing conservation legal memos (fall and spring semester of each school year for the 5-year agreement), 75 percent of the interns time will be devoted to the DWR involved in refuge water right activities and field work (fall and spring semester of each school year for the 5-year agreement). SOL work will be developed each semester based on SOL needs and intern area of interest. DWR work will be in three sub categories; 1) continued development of each refuges water rights’; 2) field experiences to be chosen based on interns interest; and 3) research a legal memo answering a specific refuge water right question. Specific activities and deliverables will be developed each semester based on DWR current needs and interns’ interests and time availability. Final deliverable products will be in written form and reviewed by DWR and Solicitor staff.

4. Stakeholder Coordination/Involvement: UNM will: 1) cooperate with the Service to provide graduate students to work as research and technical assistants; 2) serve as the supervisor of record; and 3) will provide invoice at the end of each academic semester.

The Service will: 1) provide office space and associated support (computer, office supplies, etc.); 2) coordinate with UNM in providing guidance and direction to the research assistants; and 3) make available a technical liaison who will remain involved for the duration of the award period.

5. Project Monitoring and Evaluation: The internship and intern availability will be based on the university school semester system. Based on programmatic needs, each semester a legal or technical research question will be posed to the intern(s). A project time table will be developed based on the needs of the project and the availability of the intern. Deliverables and time lines for background literature/statute reviews, written draft versions and near draft final versions will be determined based on discussions with the intern(s). Near final draft versions of legal memos or technical research will be reviewed by SOL or FWS staff for final completion of each project. Legal research will be incorporated by SOL into legal memos; technical research will be used to help answer resource management applications.

6. Description of Entities Undertaking the Project:

The Center’s mission is to improve natural resource management through multi-disciplinary research about water, natural resources and environmental issues. Utton also supports collaborative natural resource management using multidisciplinary expertise and inclusive, diverse stakeholder involvement. The purpose of the cooperative agreement between Utton and the Service is to support the responsibility to meet the priority needs of the NWRS through an improved understanding of DOIs water resources (ground water, surface water, natural resources, endangered species and their ecosystems); and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans

UNM/Center will make available the following as a technical liaison who will remain involved for the duration of the cooperative agreement to maintain mutual cooperation pursuant to this agreement.

Adrian Oglesby, Director the Center, UNM School of Law: Adrian Oglesby is a graduate of the UNM School of Law and has worked as a water attorney for the last 13 years. He has focused on river and riparian restoration, agricultural preservation, efficient water management, governmental accountability, and fish and wildlife conservation. He has advised irrigation districts, acequias, pueblo and tribal governments, the New Mexico Interstate Stream Commission, farmers, environmental organizations and local water providers. He is currently Vice-Chairman of the Board of Directors of the Middle Rio Grande Conservancy District.

7. Sustainability:

Projects activities are standalone research projects used for current and future refuge water management decisions. Research project results will remain on file for future access by water resource professionals, refuge managers, and solicitors.

8. Literature Cited: N/A

9. Map of Project Area: N/A

D. Budget Form Complete the Budget Information for Non-Construction Programs (SF 424A) or Budget Information for Construction Programs (SF 424C) form. Use the SF 424A if your project does not include construction and the SF 424C if the project includes construction or land acquisition. The budget forms are available on the Internet at http://www.grants.gov/web/grants/forms/sf-424-family.html#sortby=1. When developing your budget, keep in mind that financial assistance awards and subawards are subject to the Federal cost principles in Title 2 of the Code of Federal Regulations Part 200, as applicable to the recipient organization type. Links to the full text of the Federal cost principles are available on the Internet at http://www.ecfr.gov/.

Note on Multiple Federal Funding Sources:

If the project budget includes multiple Federal funding sources, you must show the funds being requested from this Federal program on the budget form separately from any other requested/secured Federal sources of funding. Enter the funds being requested from this Federal program in the first row of the Budget Summary section of the form, and then enter funding related to other Federal programs in the subsequent row(s). Be sure to enter each Federal program’s CFDA number in the corresponding fields on the form. The CFDA number for this Federal program appears on the first page of this funding opportunity.

E. Budget Justification In a separate narrative titled “Budget Justification”, explain and justify all requested budget items/costs. Detail how the SF 424 Budget Object Class Category totals were determined and demonstrate a clear connection between costs and the proposed project activities. For personnel salary costs, include the base-line salary figures and the estimates of time (as percentages) to be directly charged to the project. Describe any item that under the applicable Federal cost principles requires the Service’s approval and estimate its cost.

Required Indirect Cost Statement: Recipients that do not have an approved indirect cost rate cannot charge indirect costs to their Federal award. All applicants except individuals applying for funds separate from a business or non-profit organization he/she may operate must include in the budget justification narrative one of the following statements and attach to their application any required documentation identified in the applicable statement:

“We are:

1. A [insert your organization type; U.S. states and local governments, please use one of the statements above or below] that has previously negotiated or currently has an approved indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate]. [Insert either: “A copy of our most recently approved but expired rate agreement is attached. In the event an award is made, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award is made.” or “A copy of our current, approved rate agreement(s) is attached.”]

2. A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency. Our indirect cost rate is [insert rate]. In the event an award is made, we will submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after the award is made.

3. A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency and has an indirect cost rate that is lower than 10%. Our indirect cost rate is [insert rate; must be lower than 10%]. However, in the event an award is made, we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat indirect cost rate of [insert rate; must be lower than 10%] of [insert a clear description of the direct cost base against which your rate is charged (e.g., salaries; salaries and fringe benefits; or modified total direct costs). However, please note that your organization cannot charge indirect costs in excess of the indirect costs that would be recovered if applied against modified total direct costs as defined in 2 CFR 220.68]. We understand that we must notify the Service in writing immediately if we establish an approved rate with our cognizant agency at any point during the award period.

4. A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency and has an indirect cost rate that is 10% or higher. Our indirect cost rate is [insert your organization’s indirect rate; must be 10% or higher]. However, in the event an award is made, we will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat de minimis indirect cost rate of 10% of modified total direct costs as defined in 2 CFR 200.68. We understand that we must notify the Service in writing immediately if we do establish an approved rate with our cognizant agency at any point during the award period. We understand that additional Federal funds may not be available to support an unexpected increase in indirect costs during the project period and such changes are subject to review, negotiation, and prior approval by the Service.

All applicants are hereby notified of the following:

· Recipients without an approved indirect cost rate are prohibited from charging indirect costs to a Federal award. Accepting a flat 10 percent de minimis rate as a condition of award is an approved rate.

· Failure to establish an approved rate during the award period renders all costs otherwise allocable as indirect costs unallowable under the award.

· Recipients may not charge to their Service award any indirect costs calculated against the portion of total direct project costs paid by any other Federal funding source or non-Federal partner.

· Recipients must have prior written approval from the Service to transfer unallowable indirect costs to amounts budgeted for direct costs or to satisfy cost-sharing or matching requirements under the award.

· Recipients are prohibited from shifting unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

Applicants who are individuals applying for funds separate from a business or non-profit organization he/she may operate are not eligible to charge indirect costs to their award. If you are an individual applying for funding, do not include any indirect costs in your proposed budget.

For more information on indirect cost rates, see the Service’s Indirect Costs and Negotiated Indirect Cost Rate Agreements guidance document on the Internet at https://www.fws.gov/grants/atc.html.

Negotiating an Indirect Cost Rate with DOI: Entities that do not have a NICRA must first have an open, active Federal award before they can submit an indirect cost rate proposal to their cognizant agency. The Federal awarding agency that provides the largest amount of direct funding to your organization is your cognizant agency, unless otherwise assigned by the White House Office of Management and Budget (OMB). If the Department of the Interior is your cognizant agency, your indirect cost rate will be negotiated by the Interior Business Center (IBC). For more information, contact the IBC at:

Indirect Cost Services Acquisition Services Directorate, Interior Business Center U.S. Department of the Interior 650 Capitol Mall, Suite 7-400 Sacramento, CA 95814 Phone: 916-930-3803 Email: Through https://www.doi.gov/ibc/contactus/ibcfeedback web form Internet address: https://www.doi.gov/ibc/services/finance/indirect-cost-services

F. Single Audit Reporting Statements: As required in Title 2 of the Code of Federal Regulations Part 200, Subpart F, all U.S. states, local governments, federally-recognized Indian tribal governments, and non-profit organizations expending $750,000 USD or more in Federal award funds in a fiscal year must submit a Single Audit report for that year through the Federal Audit Clearinghouse’s Internet Data Entry System. All U.S. state, local government, federally-recognized Indian tribal government and non-profit applicants must provide a statement regarding if your organization was/was not required to submit a Single Audit report for the organization’s most recently closed fiscal year and, if so, state if that report is available on the Federal Audit Clearinghouse Single Audit Database website (https://harvester.census.gov/facweb/) and provide the EIN under which that report was submitted. Include these statements at the end of the Project Narrative in a section titled “Single Audit Reporting Statements”.

G. Assurances: Include the appropriate signed and dated Assurances form available at http://www.grants.gov/web/grants/forms/sf-424-family.html#sortby=1. Use the Assurances for Construction Programs (SF 424D) for construction and land acquisition projects. Use the Assurances for Non-Construction Programs (SF 424B) for all other projects. The form includes a statement that some of the assurances may not be applicable to your organization and/or your project or program. Signing this form does not make you or your organization subject to laws that are otherwise not applicable to you or your organization. Changing, crossing out, or making notations on the form before signing has no impact on the applicability of law.

H. Certification and Disclosure of Lobbying Activities: Under Title 31 of the United States Code, Section 1352, an applicant or recipient must not use any federally appropriated funds (both annually appropriated and continuing appropriations) or matching funds under a grant or cooperative agreement award to pay any person for lobbying in connection with the award. Lobbying is defined as influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress connection with the award. Submission of an application also represents the applicant’s certification of the statements in 43 CFR Part 18, Appendix A-Certification Regarding Lobbying. If you/your organization have/has made or agrees to make any payment using non-appropriated funds for lobbying in connection with this proposal AND the Federal share exceeds $100,000, complete and submit the SF LLL, Disclosure of Lobbying Activities form available at http://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1. See 43 CFR, Subpart 18.100 for more information on when additional submission of this form is required.

I. Conflict of Interest Disclosures: Applicants must notify the Service in writing of any actual or potential conflicts of interest that are known at the time of application or that may arise during the life of this award, in the event an award is made. Conflicts of interest include any relationship or matter which might place the recipient, the recipient’s employees, or the recipient’s subrecipients in a position of conflict, real or apparent, between their responsibilities under the award and any other outside interests. Conflicts of interest may also 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 applicant, the applicant’s employees, or the applicant’s future subrecipients in the matter. Upon receipt of such a notice, the Service Project Officer in consultation with their Ethics Counselor will determine if a conflict of interest exists and, if so, if there are any possible actions to be taken by the applicant to reduce or resolve the conflict. Failure to resolve conflicts of interest in a manner that satisfies the Service may result in the project not being select for funding.

J. Required Overlap/Duplication Statement: Applicants must provide a statement that addresses if there is any overlap between the proposed project and any other active or anticipated projects in terms of activities, costs, or time commitment of key personnel. If any overlap exists, applicants must provide a description of the overlap in their application. Applicants must also state if the proposal submitted for consideration under this program is/is not in any way duplicative of any proposal that was/will be submitted for funding consideration to any other potential funding source (Federal or non-Federal). If such a circumstance exists, applicants must detail when the other duplicative proposal(s) were submitted, to whom (entity name and program), and when funding decisions are expected to be announced. If at any time a proposal is awarded funds that would be duplicative of the funding requested from the Service, applicants must notify the Service point of contact for this funding opportunity immediately.

Application Checklist

· SF 424, Application for Federal Assistance: A complete, signed and dated SF 424, SF 424-Mandatory, or SF 424-Individual form.

· Project summary

· Project narrative

· Timetable

· Description of key personnel qualifications

· Single Audit Reporting statement: If a U.S. state, local government, federally-recognized Indian tribal government, or non-profit organization, statements regarding applicability of and compliance with Single Audit reporting requirements.

· SF 424 budget form: A complete SF 424A or SF 424C Budget Information form.

· Budget justification

· Federally-funded equipment list: If Federally-funded equipment will be used for the project, a list of that equipment.

· Indirect cost statement

· NICRA: When applicable, a copy of the organization’s current Negotiated Indirect Cost Rate Agreement.

· SF 424 Assurances form: Signed and dated SF 424B or SF 424D Assurances form.

· SF LLL form: If applicable, completed SF-LLL Disclosure of Lobbying Activities form.

· Conflict of Interest disclosure, when applicable.

· Overlap/Duplication statement

Failure to provide complete information may cause delays, postponement, or rejection of the application.

V. Submission Instructions SUBMISSION DEADLINE: April 12, 2017 by 4 p.m. MDT

Intergovernmental Review: Before submitting an application, U.S. state and local government applicants should visit the following website (http://www.whitehouse.gov/omb/grants_spoc/) to determine whether their application is subject to the state intergovernmental review process under Executive Order (E.O.) 12372 “Intergovernmental review of Federal Programs.” E.O. 12372 was issued to foster the intergovernmental partnership and strengthen federalism by relying on state and local processes for the coordination and review of proposed Federal financial assistance and direct Federal development. The E.O. allows each state to designate an entity to perform this function. The official list of designated entities is posted on the website. Contact your state’s designated entity for more information on the process the state requires to be followed when applying for assistance. States that do not have a designated entity listed on the website have chosen not to participate in the review process.

Download the Application Package linked to this Funding Opportunity on Grants.gov to begin the application process. Downloading and saving the Application Package to your computer makes the required government-wide standard forms fillable and printable. Completed applications may be submitted by mail, by email, electronically through Grants.gov, or as otherwise described in the Grants.gov funding opportunity. Please select ONE of the submission options:

To submit an application by mail:

Number all pages of your printed application. Mail one, single-sided, unbound copy (do not staple or otherwise permanently bind pages) of your complete application to the Service program point of contact identified in the Grants.gov funding opportunity.

The required SF 424 Application for Federal Assistance and Assurances forms and any other required standard forms MUST be signed by your organization’s authorized official. The Signature and Date fields on the standard forms downloaded from Grants.gov are pre-populated with the text “Completed by Grants.gov upon submission” or “Completed on submission to Grants.gov”. Remove this text (manually or digitally) before signing the forms.

To submit an application by e-mail:

Format all of your documents to print on Letter size (8 ½” x 11”) paper. Format all pages to display and print page numbers. Scanned documents should be scanned in Letter format, as black and white images only. Where possible, save scanned documents in .pdf format. E-mail your application to the Service program point of contact identified in the Grants.gov funding opportunity.

The required SF 424 Application for Federal Assistance and Assurances forms and any other required standard forms MUST be signed by your organization’s authorized official. The Signature and Date fields on the standard forms downloaded from Grants.gov are pre-populated with the text “Completed by Grants.gov upon submission” or “Completed on submission to Grants.gov”. Remove this text (manually or digitally) before signing the forms.

To submit an application through Grants.gov:

Go to the Grants.gov Apply for Grants page (http://www.grants.gov/web/grants/applicants/apply-for-grants.html) for an overview of the process to apply through Grants.gov. You/your organization must complete the Grants.gov registration process before submitting an application through Grants.gov. Registration can take between 3 to 5 business days, or as long as 2 weeks if all steps are not completed in a timely manner.

Important note on Grants.gov application attachment file names: Please do not assign application attachments file names longer than 20 characters, including spaces. Assigning file names longer than 20 characters will create issues in the automatic interface between Grants.gov and the Service’s financial assistance management system.

VI. Application Review Information Criteria: This Single Source Award is being awarded in accordance with DOI Policy 505 DM 2.14 B(4). See Additional Information of Eligibility Section.

Review and Selection Process: This Single Source Award is being awarded in accordance with DOI Policy 505 DM 2.14 B(4). See Additional Information of Eligibility Section.

Prior to participating in any review or evaluation process, all staff and peer reviewers, evaluators, panel members, and advisors must sign and return to the program office point of contact the “Department of the Interior Conflict of Interest Certification” form. For a copy of this form, contact the Service point of contact identified in the Agency Contacts section below.

Prior to award, the Service reviews the selected applicant’s statement regarding potential overlap or duplication in terms of activities, funding, or time commitment of key personnel and makes a determination regarding Service funding. Depending on the circumstances, modification of the application, other pending applications, or an active award may be necessary, or the Service might choose to not fund the proposed project.

Each fiscal year, for every entity receiving one or more awards in that fiscal year, the Service conducts a risk assessment based on eight risk categories. The result of this risk assessment is used to establish a monitoring plan for all awards to the entity in that fiscal year. For a copy of the Service’s risk assessment form, go to https://www.fws.gov/grants/atc.html.

Prior to approving an award with a Federal funding amount that exceeds or is expected to exceed the simplified acquisition threshold, as adjusted (see 2 CFR 200.88), the Service must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS; https://www.fapiis.gov/fapiis/index.action) to determine if, at a minimum, the information found in the system for the applicant demonstrates a satisfactory record of Federal award performance and integrity and business ethics (see 2 CFR 200.205(a)(2)). The Service must also report to FAPIIS if an applicant subject to this review is found not qualified for a particular award due to its prior record of integrity or performance under Federal awards (see 2 CFR 200.212).

VII. Award Administration Award Notices: Following review, applicants may be requested to revise the project scope and/or budget before an award is made. Successful applicants will receive written notice in the form of a notice of award document. Notices of award are typically sent to recipients by e-mail. If e-mail notification is unsuccessful, the documents will be sent by courier mail (e.g., FedEx, DHL or UPS). Award recipients are not required to sign/return the Notice of Award document. Acceptance of an award is defined as starting work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to, and as approved by, the Service. The notice of award document will include instructions specific to each recipient on how to request payment. If applicable, the instructions will detail any additional information/forms required and where to submit payment requests. Applicants whose projects are not selected for funding will receive written notice, most often by e-mail, within 30 days of the final review decision.

Domestic Recipient Payments: Prior to award, the Service program office will contact you/your organization to either enroll in the U.S. Treasury’s Automated Standard Application for Payments (ASAP) system or, if eligible, obtain approval from the Department of the Interior to be waived from using ASAP.

Domestic applicants subject to the SAM registration requirement (see Section III B.) who receive a waiver from receiving funds through ASAP must maintain current banking information in SAM. Domestic applicants exempt from the SAM registration requirement who receive a waiver from receiving funds through ASAP will be required to submit their banking information directly to the Service program. However, do NOT submit any banking information to the Service until it is requested from you by the Service program!

Transmittal of Sensitive Data:

Recipients are responsible for ensuring any sensitive data being sent to the Service is protected during its transmission/delivery. The Service strongly recommends that recipients use the most secure transmission/delivery method available. The Service recommends the following digital transmission methods: secure digital faxing; encrypted emails; emailing a password protected zipped/compressed file attachment in one email followed by the password in a second email; or emailing a zipped/compressed file attachment. The Service strongly encourages recipients sending sensitive data in paper copy to use a courier mail service. Recipients may also contact their Service Project Officer and provide any sensitive data over the telephone.

Award Terms and Conditions: Acceptance of a financial assistance award (i.e., grant or cooperative agreement) from the Service carries with it the responsibility to be aware of and comply with the terms and conditions applicable to the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to and approved by the Service and are subject to the terms and conditions incorporated into the notice of award either by direct citation or by reference to the following: Federal regulations; program legislation or regulation; and special award terms and conditions. The Service’s Standard Award Terms and Conditions are available on the Internet at https://www.fws.gov/grants/atc.html. If you do not have access to the Internet and require a full text copy of the award terms and conditions, contact the Service point of contact identified in the Agency Contacts section below.

Recipient Reporting Requirements:

Financial and Performance Reports:

Final Reports: Recipients are required to submit final financial and performance reports no later than 90 calendar days after the award period of performance end date or termination date, whichever comes first. For awards lasting 12 months or less, the final reports will be the only financial and performance reports required, except in unusual circumstances or if waived.

Interim Reports: For awards that last longer than 12 months, recipients are required to submit interim financial and performance reports no less frequently than annually and no more frequently than quarterly, except in unusual circumstances or if waived. Requiring a higher frequency of reporting than annual reporting will be based on the Service’s assessment of higher or other unusual circumstance. Quarterly and semiannual interim reports are due within 30 calendar days of the reporting period end date. Annual interim reports are due within 90 calendar days of the reporting period end date.

Recipients must use the Standard Form 425, Federal Financial Report for financial reporting, available on the Internet at http://www.grants.gov/web/grants/forms/post-award-reporting-forms.html#sortby=1.

Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project results.

Insurance and policy requirements:

All employees, contractors, or partners have a personal obligation for the proper care, security, and return of government vehicles or property entrusted to them or under their direct control or supervision while carrying out duties outlined in this Cooperative Agreement. Individuals may be held personally liable for any loss, theft, damage, or destruction that results from negligent operation or care. Costs of any loss, theft, damage, or destruction of government property or equipment are reimbursable to the affected agency.

Motor vehicle operators are responsible for:

(1) Operating motor vehicles in a safe and prudent manner; and exercising a reasonable degree of care, skill, and judgment in the performance of their duties.

(2) Having knowledge of and complying with applicable motor vehicle laws and regulations of Federal, State, and local governments.

(3) Reporting vehicle malfunctions, failures, damages, and accidents to the supervisor, and the responsible official for their respective fleet; in the case of damages and accidents, presenting a written statement of facts surrounding the loss to the Board of Survey.

(4) Accomplishing vehicle repairs, inspection and maintenance as needed.

(5) Providing vehicle data on usage, maintenance, mileage, accidents, repairs, and other information when required.

(6) Refraining from the use of cell phones while the vehicle is in motion.

(7) Ensuring that all vehicle occupants wear safety belts.

(8) Ensuring that all vehicle occupants refrain from the use of tobacco products while in DOl provided vehicles.

(9) Notifying supervisors of any physical condition that may affect their ability to operate the vehicle safely.

UNM shall procure and maintain, for the life of this cooperative agreement issued under this Notice of Funding Opportunity, and any modification thereof, liability insurance in a form satisfactory to the Service. The amounts of the insurance shall be not less than as follows: $1,000,000 each occurrence and $500,000 property damage. UNM will provide to the Service a Certificate of such Comprehensive General Liability Insurance, with the Service named as an additional insured party, evidencing this insurance coverage. The certificate shall identify the name and address of the Service, as well as the insured, the policy number, and a brief description of services to be performed. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

To the extent authorized by law, neither party will be required to hold the other party harmless from responsibility for damages or other liability arising from this cooperative agreement. Instead, each party is responsible for their own acts and their results and is not responsible for the acts of the other party and those results. Each party agrees to assume all risk and liability for itself, its agents or employees, and for any injury to people or property resulting from operations of its agents or employees under this cooperative agreement. Each party also agrees to assume risk and liability for any loss, cost damage, or expense resulting from acts, negligence, or the failure to exercise proper precautions of or by itself or its agents to this agreement. If both parties are liable, the degree of each party’s financial responsibility is limited to its degree of culpability. Liability of the Federal Government is governed by the Federal Tort Claims Act (28 U.S.C. 2761 et seq.) and liability of the partner is governed by applicable Federal and State laws.

If at any time in the future UNM has a need to rent a vehicle for one of their employees (due to a government vehicle being unavailable), it becomes UNM’s sole responsibility for any and all liability with the rental car and the rental car agency. If a contractor with UNM is hired in the future under this cooperative agreement, the contractor is required to use their personal vehicle only and the mileage rate that would be paid is 14¢/mile. Mileage logs will be required in order to be reimbursed from this cooperative agreement.

Significant Developments Reports: Events may occur between the scheduled performance r reporting dates that have significant impact upon the supported activity. In such cases, recipients are required to notify the Service in writing as soon as the following types of conditions become known:

· Problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed to resolve the situation.

· Favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned.

The Service will specify in the notice of award document the reporting and reporting frequency applicable to the award.

Conflict of Interest Disclosures: Recipients are responsible for notifying the Service Project Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the recipient, the recipient’s employees, or the recipient’s subrecipients in a position of conflict, real or apparent, between their responsibilities under this award and any other outside interests. Conflicts of interest may also 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, the Recipient’s employees, or the Recipient’s subrecipients in the matter. Upon receipt of such a notice, the Service Project Officer in consultation with their Ethics Counselor will determine if a conflict of interest exists and, if so, if there are any possible actions to be taken by the Recipient, the Recipient’s employee(s), or the Recipient’s Subrecipient(s) that could reduce or resolve the conflict. Failure to resolve conflicts of interest in a manner that satisfies the Service may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including termination of this award.

Other Mandatory Disclosures: The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award including the term and condition outlined in 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 Remedies for noncompliance, including suspension or debarment. (See also 2 CFR Part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)

2 CFR Part 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters is applicable to awards with a total Federal share of more than $500,000, except those to individuals and foreign public entities.

VIII. Agency Contacts:

U.S. Fish and Wildlife Service Division of Water Resources Joaquin Baca, Regional Hydrologist P.O. Box 1306 Albuquerque, NM 87103 Phone: 505-248-6622