NOI (General) New Award 2014.docx

UNITED STATES

DEPARTMENT OF THE INTERIOR

Bureau of Land Management OR-WA State Office, Portland, Oregon

TITLE

BLM OR-WA Cooperative Ecosystem Studies Unit (CESU) Managing Understories for Climate Change

AUTHORITY

The Federal Land Policy and Management Act of 1976 (Public Law 94-579)

Funding Opportunity No. L15AS00011

NOTICE OF INTENT TO AWARD

This Funding Opportunity announcement is not a Request For Applications (RFA).

This posting provides notice to the public that the Bureau of Land Management intends to fund the following project activities without competition.

For Additional Information:

APPLICATION INFORMATION

PROGRAM/PROJECT INFORMATION

Jessica Clark, Grants Management Specialist Telephone: 503-808-6226 Fax: 503-808-6312 Email: j1clark@blm.gov and Bert Ullrey, Grants Management Specialist Telephone: 503-808-6302 Fax: 503-808-6312 Email: wullrey@blm.gov

Louisa Evers, Program Officer Telephone: 503-808-6377 Email: levers@blm.gov

SECTION I. FUNDING OPPORTUNITY DESCRIPTION

A. Project Background Information:

Oregon State University plans to build on their Density Management Study to investigate how climate change impacts can be managed. The proposed work specifically focuses on how plants with cultural values, early seral vegetation, and species with low mobility respond to climate change and how this response can be influenced by forest management activities.

B. Project Objective:

The objective of this project is to utilize a trait-based approach to study interactions between overstory density, disturbance and future climate change conditions on:

1. Native early-seral plant communities, which are considered rare under current forest management scenarios and have the potential for valuable structure contributions and wildlife habitat in a managed landscape.

2. Species with low mobility, e.g., with short-distance seed dispersal or species with clonal reproduction. These species (which include some tree species) are most likely to be negatively impacted by a changing climate.

3. Special status species, e.g., determined by the Oregon Natural Heritage Information Center.

Cultural resources, specifically vegetation traditionally collected used by Native Americans.

C. Statement of Joint Objectives/Project Management Plan:

The Recipient will agree to:

1. Collect and analyze the relevant data using appropriate methods to evaluate potential interactions between forest management, climate change, and understory species response.

2. Provide suggestions for alternative approaches to forest management practices that would promote adaptive responses to climate change that would maintain key ecosystem functions provided by understory plant species.

3. Prepare reports and peer-reviewed journal articles and provide electronic copies of final reports and published journal articles to BLM.

4. Follow management requirements for access to study sites located behind locked gates.

The BLM will agree to:

1. Provide access to study sites located behind locked gates.

2. Provide a list of sensitive species to include in the study, if present on the study sites.

3. Review draft documents within one month of receipt and provide comments.

Both parties agree to:

1. Coordinate access to the study sites during sensitive periods such as in the event of a wildfire, following storms that may damage the study sites or access routes, or during hunting seasons.

2. Keep each other appraised of access issues, incidents of vandalism to the gates or sites, or other factors affecting study site conditions.

3. Jointly develop alternative approaches in the event of a wildfire or other event that adversely affects the study.

D. Period of Project: From the date of award to a period of up to five (5) years.

SECTION II. AWARD INFORMATION

A. Expected Number of Awards: One (1)

B. Estimated Total Funding (for 5 year life of award): $300,000

C. Award Ceiling (available Fiscal Year 2014 funds): $100,000

D. Assistance Instrument: Cooperative Agreement.

SECTION III. ELIGIBILITY INFORMATION

A. Eligibility:

1. Applicant: Oregon State University

2. Justification: The BLM received an unsolicited proposal from Oregon State University. They requested support to build on their existing density management study to include climate change considerations. Their non-cash contribution is estimated at $212,766. This agreement will be part of the Pacific Northwest Cooperative Ecosystem Studies Unit.

B. Performance Measures: The activity to be undertaken through this agreement is in furtherance of the recipient’s and BLM’s mission and will support the following performance measure:

MISSION AREA 6 (M6): BUILDING A LANDSCAPE LEVEL UNDERSTANDING OF OUR RESOURCES

Goal 1: Provide Shared Landscape-Level Management and Planning Tools

Strategy 1: Ensure the use of landscape level capabilities and mitigation action

Performance Measure M6G1S1.01: Number of landscape-scale mitigation actions taken that directly expand the conservation of natural resources.

C. Cost Sharing or Matching: This program has no matching requirements; however, the recipient has offered an estimated amount of $212,766.

D. Liability, Insurance, and Indemnification:

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

2. Indemnification: The recipient hereby agrees:

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

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

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

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

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

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

4. Identified Activities: All activities carried out in connection with this financial assistance agreement.

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. Section 508 Compliance Standards:

1. Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.

2. End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.

3. Support services for products shall accommodate the communication needs of end users with disabilities.

C. Content and Form of Application: The application package shall consist of the following standard forms and documents:

1. Standard Form (SF) 424 Application for Federal Assistance (includes the SF-424, SF424A, and SF-424B).

2. Certification Regarding Lobbying - Certification for Contracts, Grants, Loans, and Cooperative Agreements. Attachment A applies to recipients of awards exceeding $100,000.

3. 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:

b. Purpose, Objectives, and Relevance. Attachment B, Section I – (a) Describe why the project is needed by the applicant; (b) Describe the applicant’s objectives; (c) Describe how the applicant’s objectives support their mission and how this project will provide a public benefit.

c. Technical Approach. Attachment B, Section II – Describe how the applicant proposes to conduct and achieve the project in accordance with the Statement of Joint Objectives in Section I.C. The project design must contain enough detail to show the development of the project and the relationship between the partners, tasks, milestones, and objectives. The work plan must be clear, suitable, and feasible with respect to the following; (a) Describe the techniques, procedures, and methodologies to be used; (b) Describe data collection, analysis, and means of relationship interpretation; (c) Describe expected results or outcomes; and (d) Describe the procedures for evaluating project efficacy, including fixed performance indices with probabilities for obtaining them. Explain how the applicant will meet the completion schedule identified in Section I.D.

d. Qualifications, Experience, and Past Performance. Attachment B, Section III – Describe who will carry out the project activities. List all project personnel, including consultants. Describe their responsibilities and the amount of time each will dedicate to the project. Briefly describe how their experience and qualifications are appropriate to successfully achieve the stated objectives.

4. Budget. Use Attachment C to show the details of your anticipated budget. Please include a description of any cost share or matching (cash vs. in-kind). The detailed budget breakdown should contain the following:

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

b. Employee 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, list each rate and the wage or salary base.

c. Travel and Per Diem Costs. 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/category/21287 and follow the links to per diem information.

d. Equipment Costs. Include budgeted cost of equipment (property with a useful life of more than one (1) year and costing $5,000 or more per unit).

e. Supply Costs. Include consumable supplies and materials to be used on the project, listing each item and quantity individually. Include items of expendable equipment, i.e., equipment costing less than $5,000 or with an estimated useful life of less than one year.

f. Consultant/Contracting Fees. Include costs for professional and technical consultants, contractors, and/or sub-recipient agreements. Provide names and explain the details and purpose of the costs.

g. Construction Costs. Not applicable.

h. Other Costs. Include the costs such as duplicating and printing, long distance telephone calls, equipment rental, postage, and other services not previously listed.

i. Indirect Charges. This agreement will be issued under the umbrella of, and incorporates the terms and conditions of, the Pacific Northwest CESU Cooperative and Joint Venture Agreement No. BLM-OR952-1101, which includes a negotiated indirect cost rate not to exceed 17.5%.

D. Submission Dates and Times:

1. The electronic submission to www.Grants.gov is due by the date and time listed on the cover sheet of this announcement. 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.

2. 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/documents/19/18243/GrantsGovApplicantUserGuide.pdf/0ed6bbba-3b87-4600-8449-4bb1603b4e70 that will answer most if not all your questions.

E. Submission Instructions 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 which provides the federal financial assistance community with a single site to find and apply for funding opportunities. BLM requires applicants to submit their applications/proposals electronically through: http://www.grants.gov/web/grants/applicants/apply-for-grants.html.

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. Customer Support. The Grants.gov website provides customer support via 1 (800) 518-4726 (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 program/project-related questions, contact the number listed in Section VII, Agency Contacts.

F. 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

G. Funding Restrictions. A cooperative agreement issued by the BLM Oregon/Washington 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. Funding for the first year does not guarantee funding in subsequent years. A new application must be submitted for subsequent years.

SECTION V. Application Review Information Criteria

A. Evaluation Criteria

1. 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.

2. 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:

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.

3. 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.

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: The proposal will be reviewed by BLM personnel.

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/.

(To view referenced CFRs put curser on link and press control + click)

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

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

2. 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/programs/financial_assistance/TermsandConditions.cfm. Upon request, the GMO will provide the recipient a copy. 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:

1. Program legislation\regulation.

1. Special terms and conditions.

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

2 CFR Part 25 Central Contractor Registration and Data Universal Numbering System

2 CFR Part 25 --Universal Identifier and Central Contractor Registration

2 CFR Part 170--Reporting Subaward & Executive Compensation Information

2 CFR Part 170 Reporting Subawards and Executive Compensation

2 CFR Part 1400 -- NonProcurement Debarment and Suspension

2 CFR Part 1400 Governmentwide Debarment and Suspension (Nonprocurement)

2 CFR Part 175--Award Term for Trafficking in Persons

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 43 Governmentwide Requirements for a Drug-Free Workplace

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.

a. 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.

b. All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer:

c. 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.

d. 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.

e. 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. 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.

9. 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. Modifications.

(1) The agreement may be modified 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.

(2) 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.

(3) 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 30 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.

(1) 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.

(2) 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).

(3) 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 entitled "Highlights of the Single Audit Process" which is available on the internet at http://www.oig.dol.gov/public/reports/oa/documents/singleauditpamphlet.pdf. 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.

(1) 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.

(2) 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.

m. DUNS Number and System for Award Management (SAM). Prior to award the Recipient shall register and maintain their own information with Dun & Bradstreet and SAM.

(1) Obtain a valid Data Universal Numbering System (DUNS) number from Dun & Bradstreet at http://www.dnb.com/get-a-duns-number.html or by calling them at 877-930-1987.

(2) Register in System for Award Management (SAM) @ http://www.sam.gov

n. Payments.

(1) Financial Management Service’s (FMS), Automated Standard Application for Payment (ASAP) System. If recipient is registered in ASAP payments will be made through that system.

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

(3) The ASAP Requestor ID, furnished by the Department of Treasury, will be used to access the account to request reimbursement payments. The BLM GMO will create an ASAP Account ID unique to this agreement. The first nine characters will be the agreement number. The remaining three characters will identify BLM funding line items. Drawdown of funds will be taken from specific lines on this agreement. An amendment will be stamped to indicate the appropriate line number for the drawdown.

o. 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. 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]".

C. REPORTING AND NON-COMPLIANCE:

SUBMISSION OF PERIODIC FINANCIAL REPORTS (SF-425), PERFORMANCE/PROGRESS REPORTS, AND YOUTH EMPLOYMENT REPORTS WILL BE REQUIRED UNDER THIS FINANCIAL ASSISTANCE AGREEMENT

1. Federal Financial Reports:

a. Periodic reports of expenditures, according to the official accounting records of the recipient’s organization, are required as documentation of the financial status of awards. The recipient shall submit a copy of the Standard Form (SF) 425 (also known as the Federal Financial Report or FFR) signed by an authorized certifying official of the recipient to report the status of funds for this agreement. The recipient shall include detailed information regarding costs, listed by budget category, reflecting their approved SF-424A, Budget Information. This may include a brief narrative describing the activities supported by funds drawn down. Financial reports shall be required on either a quarterly, semi-annual, or annual basis (whether or not there has been any financial activity). Forms and instructions may be downloaded at: http://www.whitehouse.gov/omb/grants_forms/.

b. Quarterly Reports: If reports are required on a quarterly basis, the reporting periods are: October 1 through December 31, January 1 through March 31, April 1 through June 30, and July 1 through September 30, continuing for the life of the agreement. Quarterly reports are due by 30 calendar days after the end of the reporting period.

c. Semi-Annual Reports: If reports are required on a semi-annual basis, the reporting periods are October 1 through March 31 and April 1 through September 30, continuing for the life of the agreement. Semi-annual reports are due by 30 calendar days after the end of the reporting period.

d. Annual Reports: If reports are required on an annual basis, reports are due by 90 calendar days after the grant year (i.e. 12 months after the effective date, or start work date, of the assistance agreement) and every 12 months thereafter until the expiration date of the agreement.

e. Reports shall be sent to the Grants Management Officer with a courtesy copy sent to the Program Officer(s) and Technical Advisor(s), as applicable. Reports may be submitted via email to blm_or_so_fa_reports@blm.gov with courtesy copies as mentioned above.

f. Final financial reports shall be submitted to the GMO (with courtesy copies as above) no later than 90 calendar days after the expiration or termination of this agreement.

g. The GMO may review financial reports for patterns of cash expenditures, including accelerated or delayed drawdowns, and to assess whether performance or financial management problems exist. Before submitting financial reports to the GMO, recipients must ensure that the information submitted is accurate, complete, and consistent with the recipient’s accounting system. A recipient Authorized Certifying Official’s signature on the SF-425 certifies that the information in the report is correct and complete and that all outlays and obligations are for the purposes set forth in agreement documents. The signed SF-425 financial report represents a claim to the Federal government. Filing a false claim may result in the imposition of civil or criminal penalties.

2. Performance/Progress Reports:

a. Periodic Performance/Progress Reports are required as documentation of the programmatic status of the award. Performance/progress reports shall be signed by an authorized representative of the recipient and include a narrative summary of both completed activities and activities in progress, a calculation of the percentage of work completed based on the recipient’s submitted proposal and/or Project Management Plan, the reason for slippage if objectives or milestones have not been 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. In addition, the performance report should reflect the BLM Performance Measures as listed in Section III, Paragraph B. Reports shall be prepared in accordance with 43 CFR, Subpart C, Section 12.80 for State, local and Indian tribal governments or Subpart F, Section 12.951 for institutions of higher education, hospitals, other non-profit, and all other organizations. Performance/Progress reports shall be required on either a quarterly, semi-annual, or annual basis (whether or not there has been any activity).

b. Quarterly Reports: If reports are required on a quarterly basis, the reporting periods are: October 1 through December 31, January 1 through March 31, April 1 through June 30, and July 1 through September 30, continuing for the life of the agreement. Quarterly reports are due by 30 calendar days after the end of the reporting period.

c. Semi-Annual Reports: If reports are required on a semi-annual basis, the reporting periods are October 1 through March 31 and April 1 through September 30, continuing for the life of the agreement. Semi-annual reports are due by 30 calendar days after the end of the reporting period.

d. Annual Reports: If reports are required on an annual basis, reports are due by 90 calendar days after the grant year (i.e. 12 months after the effective date, or start work date, of the assistance agreement) and every 12 months thereafter until the expiration date of the agreement.

e. Reports shall be sent to the Grants Management Officer with a courtesy copy sent to the Program Officer(s) and Technical Advisor(s), as applicable. Reports may be submitted via email to blm_or_so_fa_reports@blm.gov with courtesy copies as mentioned above.

f. Final performance/progress reports shall be submitted to the GMO (with courtesy copies as above) no later than 90 calendar days after the expiration or termination of this agreement.

3. Non-Compliance:

a. Failure to comply with all of the reporting requirements contained in this agreement may be considered a material non-compliance with the terms and conditions of the award.

b. 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.

4. Agency Review:

a. If a recipient has a history of poor performance, financial instability, has a management system not meeting standards prescribed by the Uniform Administrative Requirements, has not conformed to the terms and conditions of the award, and/or is not otherwise responsible in safeguarding federal funds, they may be placed on Agency Review. Agency Review limits a recipient's access to funds by requiring that all drawdowns must be requested, reviewed, and approved prior to their being released. Recipients on agency review must submit a completed Standard Form (SF) 270 Request for Advance Payment or Reimbursement for each payment requested along with a detailed explanation of how the costs correspond to the approved budget categories as listed on their Application for Federal Assistance SF-424A Budget Information and their Detailed Budget Breakdown or Challenge Cost Share Program Commitment Document, whichever is applicable.

b. The Agency Review process does not relieve the recipient of their required SF-425 financial reporting and performance/progress reporting submission requirements.

D. DEFINITIONS.

1. Agreement: Cooperative or Grant Agreement. The term grant is defined as all Federal financial assistance that provides support or stimulation to accomplish a public purpose. Use of the term “grant” includes grants or cooperative agreements awarded by the Federal Government to eligible recipients.

2. Award Recipient: The Award Recipient is the recipient’s individual who is authorized to act for the applicant and to assume the obligations imposed by the Federal laws, regulations, requirements, and conditions that apply to grant applications or grant awards.

3. Bureau of Land Management (BLM). May also be referred to as Bureau.

4. Code of Federal Regulations (CFR). General and permanent regulations issued by Executive departments and agencies of the Federal Government.

5. Federal Financial Report (FFR).

6. Fiscal Year (FY): The Federal fiscal…