noi cesu lower colorado river .doc

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

FA BLM AZ – CESU Lower Colorado River Riparian Project

AUTHORITY

Challenge Cost Share, 31 U.S.C. 6305, P.L. 101-512, Title I.

NOTICE OF INTENT TO AWARD

*This Funding Announcement is a restricted request for applications. This announcement is to provide public notice of the Bureau of Land Management’s intention to fund the following project activities with restricted competition to CESU members only.

FUNDING OPPORTUNITY NO.

L12AS00302

CFDA No. 15.238

CFDA Title: Challenge Cost Share ISSUE DATE: September 07, 2012

CLOSING DATE & TIME

September 17, 2011

4:30 PDT

Contact Information:

Eddie W Bell Jr, Grants and Agreements Specialist

Phone: 775-861-6435 - Fax: 775-861-6624

SECTION I. Funding Opportunity Description A. Project Background Information:

The Cooperative Ecosystem Studies Units (CESU) Network is a national consortium of federal agencies, academic institutions, tribal, state, and local governments, nongovernmental conservation organizations (300 partners).

This project started in the early 2000’s with a Burned Area Emergency Rehabilitation project, which then transitioned into restoration of the lower Colorado River projects. Invasive species, including Giant Salvinia, bulrush, bufflegrass, and Phragmites are all managed along the lower Colorado River within the restoration sites. Riparian restoration is a common goal among many of our city, county, state, and federal partners.

B. Project Objective:

The CESU applicant will train and engage college students to carry out critical stewardship projects within the Mittry Lake Wildlife Area, the lower Colorado River, and other areas within the Yuma Field Office. Professionals delivering this program will encourage students to pursue college degrees resulting in natural resource careers.

The principle purpose of this project is to develop partnerships with CESU participants, in order to improve and maintain healthy riparian ecosystems.

The objective of this agreement is to provide an opportunity for the CESU students to gain marketable skills implementing weed management through the guidance of the multi-agency invasive species task force.

The public will benefit from this project by having more knowledgeable and experienced students available to work within our communities. It also instills ownership and appreciation towards the resources on public lands.

- BLM Performance Measure(s):

M1G1S1.02: Percent of DOI acres that have achieved desired condition where condition is known and as specified in management plans (SP).

M1G1S1.04: Percent of invasive animal species populations that are controlled.

C. Statement of Joint Objectives/Project Management Plan:

The Recipient agrees to:

(1) Provide a CESU student to be stationed full time at the Yuma Field Office

(2) Provide expertise and resources to recipient’s employee to conduct riparian project work The BLM agrees to:

The BLM will be substantially involved and provide oversight for this agreement. The BLM will work with the recipient to develop the project for the mutual benefit of all the partners. The BLM will assist in identifying the project activities, assist in accessing federal records, and review preliminary findings. The BLM will have on-going coordination with the recipient. BLM will provide staff labor hours, access to the site, and field equipment use.

Both parties agree to:

(1) Meet bi-annually

(2) Work cooperatively to ensure CESU students to gain marketable skills in monitoring, gain valuable field experience, and gain ownership and appreciation for preserving public lands for current and future generations.

D. Benefits:

The BLM will benefit from this project by allowing for more complete scientific knowledge that can then be used to further understand aspects of the Mittry Lake Wildlife Area, the lower Colorado River, and other areas within the Yuma Field Office.

CESU partners are interested in getting involved in projects that are consistent with their own public service missions. CESU partners train students for employment in land management disciplines, conduct research for which federal land managers are the intended end users, and seek to meet the technical assistance needs of federal land managers. This project would assist CESU partners in fulfilling their mission by better directing teaching and research activities.

The resulting research may ultimately be used in other applications and assists the BLM in developing better decision making tools. This type of information will improve public land management. The BLM will be able to more effectively target their activities to gain the most benefit, making more efficient use of funds, which is clearly in the public interest.

The general public will benefit by the increased scientific knowledge regarding the Mittry Lake Wildlife Area, the lower Colorado River, and other areas within the Yuma Field Office.

E. Period of Agreement: 09/30/2012 to 09/29/2017

SECTION II. AWARD INFORMATION

A. Expected Number of Awards: One B. Estimated Total Program Funding: $250,000.

Applicants should apply for first year funding of $35,000 and estimate the remaining potential funding of $215,000. The total of the SF-424s, Proposal (Attachment B), Budget (Attachment C) should equal $250,000.

C. Award Ceiling: $250,000

D. Assistance Instrument: Cooperative Agreement

SECTION III. ELIGIBILITY INFORMATION

A. Eligible Applicants:

Unrestricted. Please note: This financial assistance opportunity is being issued under a Cooperative Ecosystem Studies Units (CESU) program. CESUs are partnerships that provide research, technical assistance, and education

B. Cost Sharing or Matching:

A 1:1 match is required with the Challenge Cost Share Program. Match can be derived from labor, transportations costs, material, equipment, or cash from a non-Federal source.

SECTION IV. APPLICATION AND SUBMISSION INFORMATION

A. Address to Request Application Package:

This announcement contains all information and electronic addresses necessary to submit an application through Grants.gov.

B. Content and Form of Application:

The application package shall consist of all the required Standard Forms shown below AND a Certification for Federal Assistance “if applicable” (Attachment A), Proposal Submission Format (Attachment B) and Budget (Attachment C) narrative:

Required Standard Forms:

1. Indirect Charges Most States, Universities and larger nonprofits have a negotiated indirect cost rate agreement with the Federal Government. This agreement provides the rates approved for use on cooperative agreements, grants, contracts and other agreements with the Federal Government. A copy of the current rate agreement must be submitted with any proposed project. Smaller organizations may not have an agreement with the Federal Government. In these cases the indirect cost rate must be accompanied by a determination from an independent auditing firm. This determination will include the indirect cost rate, the calculations of the indirect cost rate including the base and indirect costs pools and the associated dollar figures for both. Proposals that fail to document their indirect costs will have those costs disallowed.

2. Proposal Submission Format (Attachment B) can be used as an example when submitting your proposal. The proposal technical text must be no longer than 10 pages, no smaller than font size 11, and have 1-inch margins. The 10-page limit includes all text, figures, references, and vitae. (The Budget, Attachment B, is not included in the 10-page limit.) The text should include the following:

a. Technical Approach - (Attachment B, Section I) – (a) The project design contains enough detail to show the development of the project and the relationship between the partners, milestones, and goals. The roles and responsibilities of each partner are clearly articulated. The milestones are clear, and supported by a well thought-out schedule that supports the work to be accomplished for the duration of the project. (b) The proposed project’s importance/relevance and applicability are tied to the program goals. Is there value and importance to the program goals? (c) The work plan objectives are clear, suitable, and feasible with respect to the following: Techniques, procedures, and methodologies; Data collection, analysis, and means of interpretation; Expected results or outcomes; and Procedures for evaluating project efficacy, including fixed performance indices with probabilities for obtaining them. (d) The project proposal work plan is designed to produce the proposed outcomes and outputs. The outcomes are clearly stated and tied to intermediate outcomes as stated in the announcement.

b. Qualifications, Experience, Past Performance - (Attachment B, Section II) – (a) The qualifications and experience of the organization are evident, and appear to be adequate to achieve project goals and objectives. (b). The qualifications and experience of the Project Director/Principal Investigator to be assigned for direct work on the project are evident, and appear to be adequate to achieve project goals and objectives and will be available for work on this agreement. (c). The applicants past and current assistance awards show they have completed project goals.

c. Purpose, Objectives, and Relevance - (Attachment B, Section III) – (a) The proposal adequately describes why the project is needed by the recipient. (b) The objectives are well defined, measurable, and realistic for the project’s anticipated timeframe. (c) The benefits support the mission of the recipient and as well as a public benefit and can be tied to a BLM Performance Measure.

d. Budget - (Attachment C, Section IV) – (a) The budget line items are appropriate, reasonable, allowable, well justified and commensurate with the level of effort needed to accomplish the project objectives. (b) The budget breakdown or narrative provides adequate justification for each budget category used. If equipment is requested by the applicant is it fully justified and necessary for the performance and completion of the project? (c) The applicant and other counterpart’s cash and in-kind matching funds or contributions are acceptable.

3. Budget - (Attachment C, Section IV) Please include a description of the cost share (cash vs. in kind). The budget should contain the following:

a. Salaries and Wages. Include all employees and their titles working on the project.

b. Fringe Benefits. Propose your rates/amounts. If rates are audit approved, include a copy of the audit agreement and/or the name of the audit agency. If more than one rate is used, lest each rate and the wage or salary base.

c. Consultant/Contracting Fees. Include payments for professional and technical consultants and contractors participating in the project.

d. Travel and Per Diem. For each trip, indicate the number of persons traveling, the total days they will be in travel status, and the total subsistence and transportation costs for that trip. Per diem rates shall not exceed maximum Federal rates. To view current Federal per diem rates, visit http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentId=17943&contentType=GSA_BASIC and follow the links to per diem information.

e. Supplies and Materials. Include consumable supplies and materials to be used in the project, listing each item and quantity individually. Include items of expendable equipment, i.e., equipment costing less than $500 or with an estimated useful life of less than two years. Equipment costing more than that should be listed in the Other Costs category (Category G, below).

f. Services. This should include the cost of duplication and printing, long distance telephone calls, equipment rental, postage, and other services not previously listed.

g. Other Costs. List equipment items in excess of $500 and other items not previously listed. Note that equipment items worth less than $500 or that have a useful life of less than 2 years must be listed in the Supplies and Materials category.

h. Indirect Charges. If indirect costs will be charged to the grant, complete the table below with your current approved indirect cost rate and the direct costs it will be applied to. A copy of your most recent indirect cost rate must be attached if indirect costs will be requested.

C. Submission Dates and Times:

The electronic submission into Grants.gov is due by June 18, 2012 @ 4:30 p.m. Pacific Daylight Time. A proposal received after the closing date and time will not be considered for award. If it is determined that a proposal will not be considered due to lateness, the applicant will be so notified immediately.

All proposals will be required to be submitted electronically through grants.gov. All of the required attached forms can be prepared online. Any form that is not available online may be submitted as attachments at the end of the proposal. If you have not registered in grants.gov, go to visit the website www.grants.gov and get started in the registration process. Application preparation time may take several weeks to get certified.

Once at the website, choose “Get Started” and work through the first 5 steps. If you have any questions or problems with the registration process, please contact the grants.gov help desk at 1-800-518-4726. In addition, Grants.gov has an “Applicant Users Guide” available at: http://www.grants.gov/help/user_guides.jsp that will answer most if not all your questions.

D. Submission Instruction and Information:

Applications/proposals may be submitted by the following methods only:

1. On-Line Submittal The Bureau of Land Management (BLM) is participating in the Grants.gov Initiative that provides the grant community with a single site to find and apply for grant funding opportunities. BLM requires applicants to submit their applications/proposals electronically through: http://www.grants.gov/Apply.

YOU MUST REGISTER WITH GRANTS.GOV PRIOR TO SUBMITTING AN APPLICATION THROUGH THE GRANTS.GOV WEBSITE. THE REGISTRATION PROCESS MAY TAKE FROM 7 TO 21 DAYS.

2. Electronic Signature

Applications submitted through Grants.gov constitute submission as electronically signed applications. The registration and e-authentication process establishes the Authorized Organization Representative (AOR). When you submit the application through Grants.gov, the name of your authorized organization representative on file will be inserted into the signature line of the application. Applicants must register the individual who is able to make legally binding commitments for the applicant organization as the Authorized Organization Representative.

3. Late Submissions, Modifications, and Withdrawals of Application and/or Proposal Any application/proposal received after the exact time specified for receipt will not be considered in the original selection process unless the application is received before award is made and it is determined by BLM that the late receipt was due to mishandling by the Government. Any modification of an application or quotation is subject to the same conditions stated above.

4. Electronic Application Submission and Receipt Procedures This provision provides information on the application submission and receipt instructions for applications submitted through Grants.gov apply. Please read the following instructions carefully and completely.

5. Timely Receipt Requirements and Proof of Timely Submission:

a. Electronic Submission. An electronic time stamp is generated within the system when the application is successfully received by Grants.gov. The applicant will receive an acknowledgement of receipt and a tracking number from Grants.gov with the successful transmission of their application. Applicants should print this receipt and save it.

b. BLM suggests that applicants submit their applications during the operating hours of the Grants.gov Support Desk, so that if there are questions concerning transmission, operators will be available to walk you through the process. Submitting your application during the Support Desk hours will also ensure that you have sufficient time for the application to complete its transmission prior to the application deadline. Applicants using dial-up connections should be aware that transmission will take some time before Grants.gov receives it.

c. Grants.gov will provide either an error or a successfully received transmission message. The Grants.gov Support desk reports that some applicants abort the transmission because they think that nothing is occurring during the transmission process. Please be patient and give the system time to process the application. Uploading and transmitting many files, particularly electronic forms with associated XML schemas, will take some time to be processed.

6. The Grants.gov website provides customer support via

(800) 518-GRANTS (this is a toll-free number) or through email at support@grants.gov. The customer support center is open from 7:00 a.m. to 9:00 p.m. Eastern time, Monday through Friday, except Federal holidays, to address Grants.gov technology issues. For technical assistance on program related questions, contact the number listed in Section VII, Agency Contacts.

E. Intergovernmental Review:

This funding opportunity is not subject to Executive Order (EO) 12372, “Intergovernmental Review of Federal Programs”. Applicants subject to EO 12372 must contact their State’s Single Point of Contact (SPOC) to find out about and comply with the State’s process. The names and addresses of the SPOC’s are listed in the OMB’s home page at:

http://www.whitehouse.gov/omb/grants/spoc.html

F. Funding Restrictions:

A cooperative agreement issued by the BLM Nevada State Office, signed by the BLM GMO, obligates BLM funds. Notification of a successful proposal does not constitute authority to incur costs. Costs incurred prior to receipt of a signed cooperative agreement may not be reimbursed. Once the cooperative agreement for a successful proposal has been signed by the BLM GMO, the recipient may incur costs as specified in their proposed and approved budget submittal.

SECTION V. APPLICATION REVIEW INFORMATION CRITERIA

(by order of importance)

A. Evaluation Criteria

1. Technical Approach

a. The project design contains enough detail to show the development of the project and the relationship between the partners, milestones, and goals. The roles and responsibilities of each partner are clearly articulated. The milestones are clear, and supported by a well thought-out schedule that supports the work to be accomplished for the duration of the project.

b. The proposed project’s importance/relevance and applicability are tied to the program goals. Is there value and importance to the program goals?

c. The work plan objectives are clear, suitable, and feasible with respect to the following:

· Techniques, procedures, and methodologies;

· Data collection, analysis, and means of interpretation;

· Expected results or outcomes; and

· Procedures for evaluating project efficacy, including fixed performance indices with probabilities for obtaining them.

d. The project proposal work plan is designed to produce the proposed outcomes and outputs. The outcomes are clearly stated and tied to intermediate outcomes as stated in the announcement.

2. Qualifications, Experience, Past Performance

a. The qualifications and experience of the organization are evident, and appear to be adequate to achieve project goals and objectives.

b. The qualifications and experience of the Project Director/Principal Investigator to be assigned for direct work on the project are evident, and appear to be adequate to achieve project goals and objectives and will be available for work on this agreement.

c. The applicants past and current assistance awards show they have completed project goals.

3. Purpose, Objectives, and Relevance

a. The proposal adequately describes why the project is needed by the recipient.

b. The objectives are well defined, measurable, and realistic for the project’s anticipated timeframe.

c. The benefits support the mission of the recipient and as well as a public benefit and can be tied to a BLM Performance Measure.

4. Budget

a. The budget line items are appropriate, reasonable, allowable, well justified and commensurate with the level of effort needed to accomplish the project objectives.

b. The budget breakdown or narrative provides adequate justification for each budget category used. If equipment is requested by the applicant is it fully justified and necessary for the performance and completion of the project?

c. The applicant and other counterpart’s cash and in-kind matching funds or contributions are acceptable.

B. Review and Selection Process:

Proposals will be reviewed by BLM personnel. All proposals for funding will be considered using the criteria outlined above. A summary of the review panel comments may be provided to the applicant if requested in writing within 5 days of notification of an unsuccessful proposal.

SECTION VI. Award Administration Information

A. Award Notices:

If the applicant’s proposal is selected for award, work cannot begin before the awardee receives a fully executed copy of the agreement approved by the GMO.

B. Administrative and National Policy Requirements:

1. Office of Management and Budget (OMB) Circulars By accepting Federal assistance, your organization agrees to abide by the applicable OMB Circulars in the expenditure of Federal funds and performance under this program. http://www.whitehouse.gov/omb/circulars/

· 2 CFR Part 220 (OMB Circular A-21) - Cost Principles for Educational Institutions

· 2 CFR Part 225 (OMB Circular A-87) - Cost Principles for State, Local and Indian Tribal Governments

· 2 CFR Part 230 (OMB Circular A-122) - Cost Principles for Non-Profit Organizations

· 2 CFR Part 215 (OMB Circular A-110) - Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations

· 2 CFR Part 170 - Reporting Subaward and Executive Compensation Information.

· 2 CFR Subtitle A, Chapter 1, and Part 25 - Financial Assistance Use of Universal Identifier and Central Contractor Registration.

· 2 CFR Part 182 – Government wide Requirement for a Drug-Free Workplace

· OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations.

2. Standard Award Terms and Conditions This agreement incorporates the Standard Award Terms and Conditions found at the following Department of the Interior website as if they were given here: http://www.doi.gov/pam/TermsandConditions.html Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving.

This executive order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment, driving company-owned or rented vehicles or GOV, or while driving POV when on official Government business or when performing any work for or on behalf of the Government.

Acceptance of a Federal Financial Assistance award from the Department of the Interior (DOI) carries with it the responsibility to be aware of and comply with the terms and conditions of 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 as approved by DOI and are subject to the terms and conditions incorporated either directly or by reference in the following:

a. Program legislation/regulations.

b. Special terms and conditions.

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

· 2 CFR Part 175 Trafficking Victims Protection Act of 2000

· 43 CFR 12(A) Administrative and Audit Requirements and Cost Principles for Assistance Programs

· 43 CFR 12(E)

Buy American Requirements for Assistance Programs

· 43 CFR 12(C) Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local

· 43 CFR 12(F)

Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, other Non-Profit and Commercial Organizations

· 43 CFR 42 Government wide Debarment and Suspension (Non-procurement)

· 43 CFR 18 New Restrictions on Lobbying

3. Compliance With Buy American Act:

a. Notice: Pursuant to sec. 307 of the Omnibus Consolidated Appropriations Act of 1997, Public Law 104-208, 110 Stat. 3009, please be advised of the following: In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available in this act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products.

b. Recipient agrees to follow the requirements in 43 CFR Part 12, Subpart E, Buy American Requirements for Assistance Programs.

4. Opposition to Any Legislation In accordance with the Department of the Interior, Environment, and Related Agencies Act, 2006, Title IV, Section 402, No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913.

5. Endorsements Recipient shall not publicize or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a product, service, or position which the recipient represents. No release of information relating to this award may state or imply that the Government approves of the recipient’s work products, or considers the recipient’s work product to be superior to other products or services.

All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer: The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government.

Recipient must obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or employee (by name or title). The specific text, layout photographs, etc. of the proposed release must be submitted with the request for approval.

A recipient further agrees to include this provision in a subaward to and subrecipient, except for a subaward to a State government, a local government, or to a federally recognized Indian tribal government.

6. Retention and Access Requirements for Records All recipient financial and programmatic records, supporting documents, statistical records, and other grants-related records shall be maintained and available for access in accordance with 43 CFR Subpart C, Section 12.82 for State, local and Indian tribal governments or Subpart F, Section 12.953 for institutions of higher education, hospitals, other non-profit and all other organizations.

7. Increasing Seat Belt Use Recipients of grants/cooperative agreements and/or sub-awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them.

8. Special Terms and Conditions.

a. Order of Precedence - Any inconsistency in the agreement shall be resolved by giving precedence in the following order: (a) Any national policy requirements and administrative management standards; (b) 43 CFR Part 12; (c) requirements of the applicable OMB Circulars and Treasury regulations; (d) special terms and conditions; and (e) all agreement sections, documents, exhibits, and attachments; (f) and the recipient’s project proposal.

b. Amendments - The agreement may be amended by written agreement signed by both the recipient’s Authorized Representative and the GMO. Administrative changes (i.e. GMO name change, etc.) which do not change the project management plan, NTE amount, etc. or otherwise affect the recipient may be signed unilaterally by the GMO. Additionally, a unilateral amendment may be utilized if it should become necessary to suspend or terminate the agreement in accordance with 43 CFR, Subpart C, Section 12.83 for State, local and Indian tribal governments or Subpart F, Section 12.961 for institutions of higher education, hospitals, other non-profit and all other organizations.

All other changes shall be made by means of a bilateral amendment to the agreement. No oral statement made by any person, or written statement by any person other than the GMO, shall be allowed in any manner or degree to amend or otherwise effect the terms of the agreement.

All requests for amendment of the agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GMO. Any request for project extension shall be made at least 120 days prior to the expiration date of the agreement or the expiration date of any extension period that may have been previously granted. Any determination to extend the period of performance or to provide follow-on funding for continuation of a project is solely at the discretion of the BLM.

c. Budget and Program Plan Revision - The budget plan is the financial expression of the project or program as approved during the award process. Recipients are required to report deviations from budget and program plans and request prior approval for budget and program plan revisions. Recipients are not required to request prior approval for deviations among approved direct cost categories when the cumulative amount of the transfer is less than 10 percent of that cost category. However, the recipient must report any deviation to the GMO and Program Officer (PO).

d. Audit Requirements - Non-Federal entities that expend $500,000 or more during a year in Federal awards 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, which is available at http://www.whitehouse.gov/omb/grants/grants_circulars.html.

Federal awards are defined as Federal financial assistance and Federal cost-reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through entities. They do not include procurement contracts, under grants or contracts, used to buy goods or services from vendors. Non-Federal entities that expend less than $500,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, except as noted in A-133, §_215(a), but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO).

Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 43 CFR 12.66 or 43 CFR 12.926, as applicable. General guidance on the single audit process is included in a pamphlet titled, Highlights of the Single Audit Process" which is available on the internet at http://www.dot.gov/ost/m60/grant/sincontact.html. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac/ .

e. Metric Conversion - All performance and final reports, other reports, or publications, produced under this agreement, shall employ the metric system of measurements to the maximum extent practicable. Both metric and inch-pound units (dual units) may be used if necessary during and transition period(s). However, the recipient may use non-metric measurements to the extent the recipient has supporting documentation that the use of metric measurements is impracticable or is likely to cause significant inefficiencies or loss of markets to the recipient, such as when foreign competitors are producing competing products in non-metric units.

f. Officials Not to Benefit - No member of or delegate to Congress, or resident commissioner, shall be admitted to any share of this agreement, or to any benefit arising from it. However, this clause does not apply to this agreement to the extent that this agreement is made with a corporation’s general benefit.

g. Deposit of Publications - In addition to any requirements listed in the Project Management Plan, two (2) copies of each applicable publication produced under this agreement shall be sent to the Natural Resources Library with a transmittal that identifies the sender and the publication, and states that the publication is intended for deposit in the Natural Resources Library. Publications shall be sent to the following address:

U.S. Department of the Interior

Natural Resources Library

Interior Service Center

Gifts and Exchanges Section

1849 C Street, N.W.

Washington, D.C. 20240

h. Reimbursable Costs and Limitations:

The recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the agreement. The only costs which are authorized for a period of up to 90 days following the award expiration date are those strictly associated with closeout activities for preparation of the final report.

The BLM's financial participation is limited. The BLM will only fund up to its share of those amounts requested in the project proposal and as are subsequently approved and funded in the agreement. The recipient shall not be obligated to continue performance under the agreement or to incur costs in excess of the costs set forth in the proposal and subsequent agreement. However, if the recipient chooses to expend funds in excess of the approved project budget, the recipient will be responsible to fund the excess without funding participation by the Bureau.

i. Inspection - The BLM has the right to inspect and evaluate the work performed or being performed under this agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If BLM performs inspection or evaluation on the premises of the recipient or a subrecipient, the recipient shall furnish and shall require sub-recipients to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

j. Copyrights:

1) For recipients subject to the administrative standards set forth in OMB Circular A-110, the following copyright provision, as implemented by 43 CFR 12.936(a), shall apply: “The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. The Federal awarding agency (ies) reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.”

2) For recipients subject to the administrative standards set forth in OMB Circular A-102 and the Grants Management Common Rule, the following copyright provision, as implemented by 43 CFR 12.74, shall apply: “The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:

(a) The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and

(b) Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support.”

k. Rights to Data - For recipients subject to the administrative standards set forth in OMB Circular A-110, the following provision, as implemented by 43 CFR 12.936(c), shall apply: "The Federal Government has the right to: 1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and 2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.”

l. Procurement Procedures - It is a national policy to place a fair share of purchases with minority business firms. The Department of the Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. Positive efforts shall be made by recipients to utilize small businesses, minority-owned firms, and women's business enterprises, whenever possible. Recipients of Federal awards shall take all of the following steps to further this goal:

1) Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the fullest extent practicable.

2) Make information on forthcoming opportunities available and arrange time frames for purchases and contracts to encourage and facilitate participation by small businesses, minority-owned firms, and women's business enterprises.

3) Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses, minority-owned firms, and women's business enterprises.

4) Encourage contracting with consortiums of small businesses, minority-owned firms and women's business enterprises when a contract is too large for one of these firms to handle individually.

5) Use the services and assistance, as appropriate, of such organizations as the Small Business Development Agency in the solicitation and utilization of small business, minority-owned firms and women's business enterprises.

9. System for Award Management (SAM) Prior to award the Recipient shall register and maintain their own information with Dun & Bradstreet and the System for Award Management (SAM). Obtain a valid Dun & Bradstreet Number (D&B) from Dun & Bradstreet @ http://www.dnb.com/or by calling them at 800-333-0505. Register on the System for Award Management (SAM)@ http://www.sam.gov

10. Payments

Financial Management Service’s (FMS), Automated Standard Application for Payment (ASAP) System.

a. Payments under this agreement will be made by the United States Department of Treasury, FMS, ASAP system (www.ASAP.gov). ASAP is a recipient-initiated, on-line payment and information system for Financial Assistance Agreements. The recipient will register and request federal funds that are due directly from the Federal Reserve Bank on a reimbursable basis.

b. The ASAP Requestor ID, furnished by the Department of Treasury, will be used to access the account to request reimbursement payments. The first ten characters will be the agreement number. The remaining four characters will identify BLM funding line items. Drawdown of funds will be taken from specific lines on this agreement.

c. Advance Payments. Since payments under this agreement will be made by the United States Department of Treasury through the ASAP system within a 3 day period after request; there should be a minimal need for advance payments.

d. Drawdown. Treasury Circular 1075 (31 CFR 205) requires that drawdowns 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.

11. Property Management and Disposition

Any BLM property used or other property acquired under this agreement, including intangible property such as copyrights and patents shall be governed by the provisions of 43 CFR, Subpart C, Section 12.71 through 12.72 for State, local and Indian tribal governments or Subpart F, Section 12.930 through 12.937 for institutions of higher education, hospitals, other non-profit and all other organizations.

12. Liability

The recipient will hold the Government harmless from any and all losses, damages, or claims for personal injury, death, or property damage of any nature whatsoever and by whosoever made, arising out of the activities of the Recipient, its employees, subcontractors, or agents under this agreement, to the extent the laws of the state where the recipient is located permit. 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 U.S.C. 1346(b), 2401(b), 2671 - 2680, as amended by P.L. 89-506, 80 Stat. 306]".

The recipient shall maintain comprehensive liability insurance for bodily injury and property damage subject to the usual and customary policy conditions. In addition, the recipient will maintain its current accidental health, dismemberment and injury insurance for all employees or volunteers within the provisions set forth in NRS 41.0305 through NRS 41.0339.

SECTION VII. REPORTING

A. For ASAP Recipients

1. Federal Financial Reports:

Reports of expenditures are required as documentation of the financial status of awards according to the official accounting records of the recipient’s organization. The recipient shall submit a completed original and one copy of the quarterly SF 425, Federal Financial Report (FFR) (Down load the form at: http://www.whitehouse.gov/OMB/grants/grants_forms.html to report the status of funds for this agreement. In addition include separately, detailed information of costs, by budget categories that reflects the approved SF 424A, Budget Information. The quarterly report(s) shall be sent to the GMO and are due 30 calendar days after the end of the quarterly reporting period. The recipient will report program outlays and program income on a cash basis.

An original and one copy of the final FFR is due to the GMO no later than 90 calendar days after the expiration or termination of this agreement.

Recipients who are placed on agency review, shall submit an original and one completed copy of the SF 425, Federal Financial Report, (Down load the form at: http://www.whitehouse.gov/OMB/grants/grants_forms.html to report the status of funds for each payment requested before reimbursement payments are made. In addition include separately, detailed information of costs, by budget categories that reflects the approved SF 424A, Budget Information. This does not relieve the recipient of the quarterly FFR requirement unless reimbursement is only requested on a quarterly basis.

The GMO may review the report for patterns of cash expenditures, including accelerated or delayed drawdowns, and to assess whether performance or financial management problems exist. Before submitting FFRs to the GMO, grantees must ensure that the information submitted is accurate, complete, and consistent with the grantee’s accounting system. The recipient’s Authorized Certifying Official’s signature on the FFR certifies that the information in the FFR is correct and complete and that all outlays and obligations are for the purposes set forth in agreement documents, and represents a claim to the Federal government. Filing a false claim may result in the imposition of civil or criminal penalties.

2. Performance Reports

The performance report must be prepared in accordance with 43 CFR, Subpart C, Section 12.80 for State, local and Indian tribal governments or 2 CFR Part 215.51 for institutions of higher education, hospitals, and other non-profit organizations.

The performance report shall include a narrative summary both of completed activities and activities in progress, a calculation of percent of completed work based on work identified in the Recipient’s submitted proposal, Project Management Plan, the reason for slippage if objectives or milestones are not met, a prediction of future activities and how they will be accomplished, and a discussion of issues and problems which may impact the ability to complete the work on time. Recommendations to overcome problems shall also be provided.

1. Recipient shall submit an annual brief summary progress report to the GMO within 90 days after the end of the reporting period which for annual reports is September 30th (end of the fiscal year).

2. An annual program performance report shall be submitted at the end of each year of the agreement. An original and one copy shall be submitted to the GMO no later than 90 days following the end of each year of the agreement. Copies of this report may be required to be included with any application for continuing support of the agreement.

3. An original and one copy of the final program progress report shall be submitted no later than 90 days following the expiration or termination of the agreement.

3. Non-compliance

Failure to comply with the reporting requirements contained in this agreement may be considered a material non-compliance with the terms and conditions of the award. Non‑compliance may result in withholding of future payments, suspension or termination of the agreement, recovery of funds paid under the agreement, and withholding of future awards.

SECTION vIII. DEFINITIONS A. Agreement: An Agreement is financial assistance provided by the Federal Government that provides support or stimulation to accomplish a public purpose.

B. Authorized Representative: The Authorized Representative is the individual identified by the recipient and authorized to act for and to assume the obligations imposed by the Federal laws, regulations, requirements, and conditions that apply to this Agreement.

C. Bureau of Land Management (BLM): The Federal Government agency responsible for this Agreement. The BLM may also be referred to as Bureau.

D. Code of Federal Regulations (CFR): A Governmental codification of the permanent rules published in the Federal Register. The CFR is on-line at: http://www.gpoaccess.gov/cfr/index.html. 43 CFR Part 12, Subpart C, referred to in this Agreement, is titled Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

E. Federal Financial Report (FFR- SF425): The required reporting of all funds for all non-construction projects or programs.

F. Fiscal Year (FY): The Federal fiscal year begins on October 1 and extends through September 30 of the following calendar year.

G. Grants Management Officer (GMO): The BLM Agreements Officer authorized to obligate funds, award, amend, terminate, and administer this Agreement.

H. Nevada Revised Statutes (NRS): On-line at: http://www.leg.state.nv.us/NRS/NRS-041.html#NRS041Sec010

I. Not-to-Exceed (NTE) Amount: The maximum amount of Federal funding available to the recipient for reimbursement. The amount (including amendments) appears on Page 1 in Block 13 of this Agreement.

J. Office of Management and Budget (OMB): The OMB issues policy and guidelines to Federal agencies to promote efficiency and uniformity in Government Activities. On-line OMB Circulars (and Standard Forms) are at: www.whitehouse.gov/omb/grants/index.html.

K. Program Officer (PO): The PO is the BLM representative designated to administer the technical aspect of this Agreement. The PO works closely with the Project Director/Principal Investigator (PD/PI) and to clarify technical requirements, review and approve work within the scope of this Agreement. The PO reviews FSRs, payment request and performance reports, as well as, recommends approval for changes and payments to the GMO. The PO is NOT authorized to issue changes, modifications, or obligate funds on behalf of the BLM in any way.

L. Project: The term Project refers to the Project title and description identified on Page 1 in Block 10 of this Agreement.

M. Project Director/Principal Investigator (PD/PI): The PD/PI is the recipient’s technical leader, designated by the recipient to oversee and direct the Project. The PD/PI is the point of contact for the PO for issues such as technical requirements and questions regarding work within the scope of the Agreement.

N. Quarter or Quarterly: This refers to a three (3) month period of time, coinciding with the federal fiscal year which begins Oct 1 of each year.

O. Recipient: The entitiy in receipt of the Federal financial assistance.

SECTION iX. Term of Agreement:

An agreement shall become effective on the date of signature of the BLM GMO and shall remain in effect until September 30, 2017, unless terminated in accordance with the provisions of 43 CFR, Subpart F, Section 12.961 and 43 CFR, Subpart C, Section 12.83 and 12.84.

SECITON X. FINANCIAL SUPPORT

A. Agreement:

An agreement shall be funded each FY based on the availability of BLM funding. The recipient hereby releases the BLM from all liability due to failure of Congress to appropriate funds for the agreement.

B. Obligated Funds:

Funds obligated but not expended in one FY can be carried forward and expended in the subsequent FY.

C. Estimated Funding Amount:

Each project amount represents the estimated not-to-exceed (NTE) amount for which the BLM will be responsible under the terms of the agreement. The BLM shall not be obligated to pay for nor shall the recipient be obligated to perform any effort that will require the expenditure of Federal funds above the NTE amount.

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