NTIA Broadband Infrastructure Grant Program NOFO.pdf

Notice of Funding Opportunity – 1

NOTICE OF FUNDING OPPORTUNITY

BROADBAND INFRASTRUCTURE PROGRAM

EXECUTIVE SUMMARY

A. Federal Agency Name

National Telecommunications and Information Administration (NTIA), U.S. Department of

Commerce

B. Funding Opportunity Title

Broadband Infrastructure Program

C. Announcement Type

Initial

D. Funding Opportunity Number

NTIA-Broadband-Infrastructure-Program-21

E. Assistance Listing (CFDA Number)

11.031, Broadband Infrastructure Program

F. Key Dates

Complete applications must be received by www.grants.gov no later than 11:59 p.m. Eastern

Daylight Time (EDT) on August 17, 2021.

Applicants should be aware, and factor in their application submission planning, that the

Grants.gov system periodically closes for routine maintenance. Applicants should visit

Grants.gov for information about any scheduled closures.

NTIA expects to complete its review, selection of successful applicants, and award processing by

November 15, 2021. NTIA expects the earliest start date for awards under this Notice of

Funding Opportunity (NOFO) to be November 29, 2021.

Applicants are strongly urged to read Section IV.D, Attachment of Required Documents, with great attention. Applicants should carefully follow the instructions and recommendations regarding attachments and use the Download Submitted Forms and Applications feature on www.grants.gov to check that all required attachments were contained in their submission.

Applications submitted without the required documents will not pass the Initial Administrative

Review.

http://www.grants.gov/ https://www.grants.gov/web/grants/support/calendar.html http://www.grants.gov/

Notice of Funding Opportunity – 2

When developing the submission timeline, please keep in mind that: (1) all applicants are required to have current registrations in the electronic System for Award Management

(SAM.gov) and Grants.gov; (2) the free annual registration process in SAM.gov generally takes between three (3) and five (5) business days but can take more than three weeks; and (3) applicants will receive e-mail notifications over a period of up to two (2) business days as the application moves through intermediate systems before the applicant learns via a validation or rejection notification whether a federal agency’s electronic system has received the application.

(See Grants.gov for full information on application and notification through Grants.gov). Please note that a federal assistance award cannot be issued if the designated recipient’s registration in

SAM.gov is not current at the time of the award.

G. Application Submission Address

Complete application packets must be submitted electronically through www.grants.gov.

Complete applications or portions thereof submitted by postal mail, courier, email, or by facsimile will not be accepted. See Section IV of this NOFO for detailed information concerning application submission requirements.

H. Funding Opportunity Description

NTIA issues this NOFO to describe the requirements under which it will award grants for the

Broadband Infrastructure Program, authorized by the Consolidated Appropriations Act, 2021, Division N, Title IX, Section 905, Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act).

The Broadband Infrastructure Program provides new federal funding for the Assistant

Secretary to make grants on a competitive basis for the deployment of broadband infrastructure. The Act authorizes grants to covered partnerships for covered broadband projects, defined as competitively and technologically neutral projects for the deployment of fixed broadband service that provides qualifying broadband service in an eligible service area. See Section I of this NOFO for the full Program Description.

I. Funding Instrument

Grant.

J. Eligibility

A covered partnership is eligible for a grant under the Broadband Infrastructure Program. The

Act defines a covered partnership as a partnership between: (A) a State, or one or more political subdivisions of a State; and (B) a provider of fixed broadband service. A covered partnership may include more than one provider of fixed broadband service as part of its application.

Additionally, a provider of fixed broadband service may participate in more than one covered partnership. See Section III of this NOFO for additional information concerning the eligibility requirements for this program.

https://www.grants.gov/web/grants/applicants.html

Notice of Funding Opportunity – 3

K. Anticipated Amounts

NTIA will make up to $288,000,000 available for federal assistance under the Broadband

Infrastructure Program. NTIA expects to make awards under this program within the following funding range: $5,000,000 to $30,000,000. This range is not a required minimum or maximum, but covered partnerships requesting amounts for projects outside of this range must provide a reasonable explanation for the variance in their project size. The period of performance for grants issued pursuant to this program is one year, unless such period is otherwise extended in writing by the Grants Officer. Given the limited amount of funding available for broadband infrastructure deployment awards and the potentially large number of covered partnerships that may submit applications for this grant program, NTIA will consider applications based on the priorities enumerated in Section 905(d)(4) of the Act (and set forth in Section I.A. of this NOFO) in their statutory order of priority. See Section II of this NOFO for additional information pertaining to award amounts and to the period of performance for grants issued pursuant to this

NOFO.

L. Cost Sharing/Matching

The Act authorizing the establishment of the Broadband Infrastructure Program does not contain a statutory cost sharing or matching funds requirement for this grant program. NTIA will not require a covered partnership applying for a grant under the Broadband Infrastructure Program to provide a cost match; however, NTIA will favorably consider applications that propose to contribute a non-federal cost share of at least 10 percent of the total eligible costs of a project.

Applicants proposing a cost share amount must document their capacity to provide matching funds in their applications. Matching funds may be in the form of either cash or in-kind contributions consistent with the Uniform Administrative Requirements, Cost Principles, and

Audit Requirements for Federal Awards at 2 C.F.R. Part 200.1 See Section III.B of this NOFO for more information pertaining to the cost sharing requirements for this program, Section IV of this NOFO for the application requirements for this program, and Section V of this NOFO for the Evaluation Criteria and Selection Factors for this program.

FULL ANNOUNCEMENT TEXT

Table of Contents

I. Program Description

II. Federal Award Information

III. Eligibility Information

IV. Application and Submission Information

V. Application Review Information

VI. Federal Award Administration Information

VII. Federal Awarding Agency Contacts

VIII. Other Information

1 2 C.F.R. Part 200, available at http://go.usa.gov/SBYh.

http://go.usa.gov/SBYh

Notice of Funding Opportunity – 4

I. Program Description

NTIA issues this NOFO to describe the requirements under which it will award grants for the

Broadband Infrastructure Program, authorized by the Consolidated Appropriations Act, 2021, Division N, Title IX, Section 905, Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act).

The purpose of the Broadband Infrastructure Program is to provide federal funding to deploy broadband infrastructure to eligible service areas of the country.

A. Overview of the Broadband Infrastructure Program: The Broadband Infrastructure

Program makes grants on a competitive basis to covered partnerships for covered broadband projects. The term “covered partnership” means a partnership between: (A) a State, or one or more political subdivisions of a State; and (B) a provider of fixed broadband service. A covered partnership may include more than one provider of fixed broadband service as part of its application. Additionally, a provider of fixed broadband service may participate in more than one covered partnership. A provider of broadband service that is part of a covered partnership is not required to be designated as an eligible telecommunications carrier pursuant to section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)). NTIA encourages municipalities, non-profits, or cooperatives that own and/or operate broadband networks to participate in this program as part of a covered partnership.

The term “covered broadband project” means a competitively and technologically neutral project for the deployment of fixed broadband service that provides qualifying broadband service in an eligible service area. The term “qualifying broadband service” means broadband service with:

(A) a download speed of not less than 25 megabits per second; (B) an upload speed of not less than 3 megabits per second; and (C) a latency sufficient to support real time, interactive applications. For purposes of this program, NTIA will interpret the 25/3 standard to mean the ability to provide 25 Mbps downstream and 3 Mbps upstream simultaneously to every household in the eligible service area. NTIA will interpret latency to mean 95 percent or more of all peak period measurements of network round trip latency [i.e., the total round-trip latency between the customer premises and the closest designated Internet core peering interconnection point] are at or below 100 milliseconds. Including these particulars in the definition will help ensure that applicants can realistically provide service that meets NTIA’s “qualifying broadband service” standard reliably on the ground while also recognizing the Act’s requirement for technologically neutral projects. Using these standards also maintains consistency with how other federal support programs apply these terms.2

The term “eligible service area” means a census block in which broadband service is not available at one or more households or businesses in the census block, as determined by the

Assistant Secretary on the basis of: (A) the maps created under section 802(c)(1) of the

Communications Act of 1934 (47 U.S.C. 642(c)(1)); or (B) if the maps described in subparagraph (A) are not available, the most recent information available to the Assistant

Secretary, including information provided by the Federal Communications Commission (FCC).

2 See Rural Utilities Service, Department of Agriculture, Funding Opportunity Announcement and Solicitation of

Application for Second Round of the Reconnect Program, 84 Fed. Reg. 67913, 67918 (Dec. 12, 2019); In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126; In the Matter of Connect America Fund, WC Docket

No. 10-90, FCC 20-5, at ¶ 32 (Feb. 7, 2020), https://docs.fcc.gov/public/attachments/FCC-20-5A1.pdf at paragraph

36.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdocs.fcc.gov%2Fpublic%2Fattachments%2FFCC-20-5A1.pdf&data=04%7C01%7CJDuane%40ntia.gov%7Ce784c2bb30944c3e321008d910bd0892%7Cd6cff1bd67dd4ce8945dd07dc775672f%7C0%7C0%7C637559226341806264%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=%2FNhJ5tr6CjCk%2BYHhB4PngW4iJmpGbEvTS1D1rnPxYHs%3D&reserved=0

Notice of Funding Opportunity – 5

To be eligible for a grant under the Broadband Infrastructure Program, Section 905(d)(3) of the

Act requires that the covered partnership submit an application that describes the covered partnership, the covered broadband project proposed for funding, including the cost of the project and the speed of the broadband service offerings, and the proposed service area of the project. Additionally, the Act requires the applicant to disclose any other federal or state support that the broadband service provider that is part of the covered partnership has received to deploy broadband service in the proposed service area. NTIA will factor such information as it considers applications eligible for award, but the receipt of other federal or state funds does not necessarily preclude the covered partnership from receiving a grant under the Broadband

Infrastructure Program. NTIA will also ensure that necessary investments are designed to provide an adequate minimum level of service and are unlikely to be made using private sources of funds.

In awarding grants under this program, the Assistant Secretary will give priority to applications for covered broadband projects as follows, in decreasing order of priority, as set forth in Section

905(d)(4) of the Act:

(1) Covered broadband projects designed to provide broadband service to the greatest number of households in an eligible service area;

(2) Covered broadband projects designed to provide broadband service in an eligible service area that is wholly within any area other than:

(i) a county, city, or town that has a population of more than 50,000 inhabitants;

and

(ii) the urbanized area contiguous and adjacent to a city or town of more than

50,000 inhabitants;

(3) Covered broadband projects that are the most cost-effective, prioritizing such projects in areas that are the most rural;

(4) Covered broadband projects designed to provide broadband service with a download speed of not less than 100 megabits per second and an upload speed of not less than 20 megabits per second; and

(5) Any other covered broadband project that meets the requirements of this NOFO.

Additionally, NTIA is interested in ensuring that any broadband infrastructure deployed under this grant program will have the ability to evolve, sustain, and scale for future advanced services that will also be important to the U.S. economy. In the years ahead, emerging technologies such as cloud technologies, artificial intelligence, health IoT and telemedicine, smart grid, and 5G, will all require broadband networks capable of delivering much faster speeds, lower latency, and higher reliability than those now codified by various federal agencies. Thus, NTIA encourages the submission of project proposals that deploy future-proof infrastructure, e.g., fiber.

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It is important that necessary investments in broadband infrastructure be carried out in ways that produce high-quality infrastructure, avert disruptive and costly delays, and promote efficiency.

NTIA understands the importance of promoting workforce development and encourages recipients to ensure that broadband projects use strong labor standards, including project labor agreements and community benefit agreements that offer wages at or above the prevailing rate and include local hire provisions, not only to promote effective and efficient delivery of high-quality infrastructure projects but also to support the economic recovery through strong employment opportunities for workers. Using these practices in construction projects may help to ensure a reliable supply of skilled labor that would minimize disruptions, such as those associated with labor disputes or workplace injuries.

The Act requires covered partnerships to complete their covered broadband projects within one year of their receipt of grant funds. The Assistant Secretary, however, may extend the award period for broadband infrastructure construction projects if the covered partnership certifies that:

(1) it has a plan for the use of the grant funds, (2) the construction project is underway, or

(3) extenuating circumstances require an extension of time to allow the project to be completed.

NTIA issues this NOFO to invite covered partnerships to submit applications for the Broadband

Infrastructure Program, provide information on the amount of funding available for award, discuss how it will allocate funds to qualifying applicants, give instructions on the application process, and describe the evaluation criteria for application review and the factors for award selection. The definitions applicable to this NOFO are set forth below.

B. Definitions.—The following definitions are applicable to the Broadband Infrastructure

Program:

(a) Assistant Secretary—The term “Assistant Secretary” means the Assistant Secretary of

Commerce for Communications and Information.

(b) Broadband or Broadband Service—The term “broadband” or “broadband service” has the meaning given the term “broadband internet access service” in 47 C.F.R. § 8.1(b), or any successor regulation.

(c) Commission—The term “Commission” means the Federal Communications Commission.

(d) Community Anchor Institutions—means schools, libraries, medical and healthcare providers, public safety entities, public housing authorities, institutes of higher education and other community support organizations that provide outreach, access, equipment and support services to facilitate greater use of broadband service by the entire population and local governments.

(e) Covered Broadband Project—The term “covered broadband project” means a competitively and technologically neutral project for the deployment of fixed broadband service that provides qualifying broadband service in an eligible service area.

(f) Covered Partnership— The term “covered partnership” means a partnership between: (A) a

State, or one or more political subdivisions of a State; and (B) a provider of fixed broadband

Notice of Funding Opportunity – 7 service. A provider of broadband service that is part of a covered partnership is not required to be designated as an eligible telecommunications carrier pursuant to section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)).

(g) Department—The term “Department” means the Department of Commerce.

(h) Eligible Service Area—The term “eligible service area” means a census block in which broadband service is not available at one or more households or businesses in the census block, as determined by the Assistant Secretary on the basis of: (i) the maps created under section

802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)); or (ii) if the maps described in subparagraph (i) are not available, the most recent information available to the Assistant

Secretary, including information provided by the Commission.

(i) Qualifying Broadband Service—The term “qualifying broadband service” means broadband service with: (i) a download speed of not less than 25 megabits per second; (ii) an upload speed of not less than 3 megabits per second; and (iii) a latency sufficient to support real-time, interactive applications. For purposes of this program, NTIA will interpret the 25/3 standard to mean the ability to provide 25 Mbps downstream and 3 Mbps upstream simultaneously to every household in the eligible service area. NTIA will interpret latency to mean 95 percent or more of all peak period measurements of network round trip latency [i.e., the total round-trip latency between the customer premises and the closest designated Internet core peering interconnection point] are at or below 100 milliseconds.

(j) State—Any State of the United States, the District of Columbia, Puerto Rico, American

Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States.

(k) Unserved.—The term “unserved,” with respect to a household, means: (A) the household lacks access to qualifying broadband service; and (B) no broadband provider has been selected to receive, or is otherwise receiving, Federal or State funding subject to enforceable build out commitments to deploy qualifying broadband service in the specific area where the household is located by dates certain, even if such service is not yet available, provided that the Federal or

State agency providing the funding has not deemed the service provider to be in default of its buildout obligations under the applicable Federal or State program.

II. Federal Award Information

A. Funding Availability

NTIA will make up to $288,000,000 available for federal assistance under the Broadband

Infrastructure Program.

B. Project/Award Period

As established in Section 905(d)(5)(A) of the Act, the award period for the Broadband

Infrastructure Program is one year from the initial receipt of grant funds.

Notice of Funding Opportunity – 8

1. Extensions: The Assistant Secretary may extend the one-year award period for a covered partnership that proposes to use the grant funds for construction of broadband infrastructure if the covered partnership certifies that:

(i) the covered partnership has a plan for use of the grant funds;

(ii) the construction project is underway; or

(iii) extenuating circumstances require an extension of time to allow the project to be completed.

2. Petition for Extension: The covered partnership may submit a request for an extension of the one-year award period with its application or not later than ninety (90) calendar days before the end of the award period.

3. Reversion of Funds: NTIA will make any grant funds not expended by a covered partnership by the end of the one-year award period set forth in the Act available to other covered partnerships for the purposes provided in the Broadband Infrastructure Program, unless the Assistant Secretary has granted the covered partnership an extension of time to complete its project.

C. Award Amount

NTIA will make the amounts appropriated under the Broadband Infrastructure Program available on a competitive basis to covered partnerships, as defined in Section I.B.f of this NOFO, to implement covered broadband projects, as defined in Section I.B.e of this NOFO.

NTIA expects to make awards under this program within the following funding range:

$5,000,000 to $30,000,000. This range is not a required minimum or maximum, but covered partnerships requesting amounts for projects outside of this range must provide a reasonable explanation for the variance in their project size.

Given the limited amount of funding available to award for broadband infrastructure deployment and the potentially large number of covered partnerships that may submit applications for this grant program, NTIA will consider applications based on the priorities enumerated in Section

905(d)(4) (and set forth in Section I.A. of this NOFO) in their statutory order of priority. Thus, NTIA will sequence all applications that address priority one and propose a covered broadband project designed to provide broadband service to the greatest number of (unserved) households in an eligible service area and evaluate them against the objective criteria set forth in Section

V.A of the NOFO to determine their eligibility for award. To the extent that funding remains available after NTIA completes its review of priority one applications, NTIA will then sequence applications that address priority two. NTIA will continue this priority sequencing process until it has awarded all available funding.

In addition, NTIA retains discretion to make supplemental awards to a covered partnership to the extent that another covered partnership does not expend some or all of its grant funds during the other covered partnership’s period of performance.

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D. Treatment of Unallocated Funds

1. In General: In accordance with Section 905(e)(2)(F) of the Act, if a covered partnership does not submit an application by the deadline established under this NOFO, or the

Assistant Secretary does not approve an application submitted by a covered partnership under this NOFO, the Assistant Secretary will make the amounts allocated for the covered partnership available to other covered partnerships applying to the Broadband Infrastructure Program.

2. Second Process: The Assistant Secretary will initiate a second notice and application process to reallocate any funds that remain available after awarding grants to covered partnerships that submitted approved applications during the initial round of funding for the

Broadband Infrastructure Program.

E. Type of Funding Instrument

The funding instrument for awards made pursuant to the NOFO will be a grant.

III. Eligibility Information

A. Eligible Applicants

1. An applicant must be a covered partnership as defined in Section I.B.f of this

NOFO. Specifically, the term “covered partnership” means a partnership between: (A) a

State, or one or more political subdivisions of a State; and (B) a provider of fixed broadband service. The partnership does not need to be documented in a formal legal agreement at the time of application submission but should be expressed in the application as a general intent to cooperate in implementing the covered broadband project proposed for an award. A covered partnership may include more than one provider of fixed broadband service as part of its application. Additionally, a fixed broadband service provider may participate in more than one covered partnership.

Furthermore, the Assistant Secretary will not require a provider of broadband service that is part of a covered partnership to be designated as an eligible telecommunications carrier pursuant to section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) to be eligible to receive a grant under this NOFO or as a condition of receiving a grant under this NOFO.

2. Designation of Lead Applicant—The governmental entity (either a State or a political subdivision of a State that must be included in a covered partnership) must serve as the lead applicant for the covered partnership and would enter into the grant agreement with NTIA and assume primary operational and financial responsibility for completing the project should an award be made.

B. Cost Sharing or Matching

The Act authorizing the establishment of the Broadband Infrastructure Program does not contain a statutory cost sharing or matching funds requirement. NTIA will not require a covered partnership applying for a grant under the Broadband Infrastructure Program to provide a cost

Notice of Funding Opportunity – 10 match; however, NTIA will favorably consider applications that propose to contribute a non-federal cost match of at least 10 percent of the total eligible costs of the project. See Section V of this NOFO for the Evaluation Criteria and the Selection Factors for this program. Applicants proposing a cost share amount must document their capacity to provide matching funds in their applications. Matching funds may be in the form of either cash or in-kind contributions consistent with the Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards at 2 C.F.R. Part 200.3 Non-federal cost share committed to an award by a covered partnership will be treated as voluntary committed cost sharing (as defined in

2 C.F.R. § 200.1) and will be a binding commitment under the award. The failure of a covered partnership to meet its voluntary committed cost share may result in a decrease in federal grant funds.

In-kind contributions, which include third party in-kind contributions, are non-cash donations of property, goods or services, which benefit a federally assisted project, and which may count toward satisfying the non-federal matching requirement of a project’s total budgeted costs when such contributions meet certain criteria.4 In-kind contributions must be allowable and allocable project expenses. The rules governing allowable in-kind contributions are very detailed and encompass a wide range of properties and services. NTIA encourages applicants to thoroughly consider potential sources of in-kind contributions that, depending on the particular property or service and the applicable federal cost principles, could include: employee or volunteer services;

equipment; supplies; indirect costs; computer hardware and software; and use of facilities. It is important to note that federal funds may not be used as non-federal match, except as expressly provided by federal statute.5

C. Other

1. Eligible and Ineligible Uses of Project Funds – See Section IV.J of this NOFO for information concerning the eligible and ineligible uses of project funding (including non-federal cost share) under the Broadband Infrastructure Program.

2. Single Application — Section 905(e)(2)(C) of the Act states that a covered partnership may submit only one application for the Broadband Infrastructure Program.

3. State Coordination on Covered Broadband Projects — Given the Act’s requirement that a covered partnership submit only one application and the limited amount of federal funds available for award, NTIA encourages political subdivisions of a State that are contemplating forming a covered partnership with one or more providers of fixed broadband service to coordinate and consult with the State’s Broadband Office or other coordinating body to ensure that the proposal is consistent with a State’s broadband plan or priorities. Such coordination enables the State to evaluate the proposed covered broadband projects presented for consideration and ensure the submission of top priority projects for funding under the Broadband

3 See id. and 2 C.F.R. § 200.306.

4 See 2 C.F.R. § 200.306.

5 See id.

Notice of Funding Opportunity – 11

Infrastructure Program. Additionally, the applicant must identify on Line 19 of the SF-424 application form whether the application is subject to State review pursuant to Executive Order

12372 and whether the application was selected for review by the State.

IV. Application and Submission Information

A. Address to Request Application Package

Application forms and instructions are available on the Grants.gov website (www.grants.gov).

To access these materials, go to http://www.grants.gov, select “How to Apply for Grants,” and then select “Search for Opportunity Package.” Enter the CFDA number (11.031) and/or the funding opportunity number (NTIA-Broadband-Infrastructure-Program-21). Select “Grant

Opportunity Package,” and then follow the prompts. To download the instructions, go to

“Preview Opportunity Package” and select “Download Instructions.” NTIA recommends that applicants visit Grants.gov prior to filing their applications so that they fully understand the process and requirements. Failure to properly register and apply for funds under the Broadband

Infrastructure Program by the deadline established in this NOFO may result in a covered partnership losing this grant opportunity. Applications are accepted until the deadline and are processed as received. Application packages, or portions thereof, submitted by email, paper, or facsimile will not be accepted.

With respect to electronic methods for providing information about funding opportunities or accepting applicants’ submissions of information, NTIA is responsible for compliance with

Section 508 of the Rehabilitation Act of 1973, as amended by the Workforce Act of 1998.

B. Content and Form of Applications

Applications for the Broadband Infrastructure Program must be complete and follow the format described in this NOFO. Complete applications must be received by www.grants.gov no later than 11:59 p.m. Eastern Daylight Time (EDT) on August 17, 2021. Pre-applications are not being accepted for this program.

A complete application packet consists of the following forms and required submissions, which are discussed in more detail below.

1. Standard Form 424: Application for Federal Assistance

This is the title page (SF-424). This form (and all additional forms requiring a signature) must be signed by the applicant’s authorized organization representative (AOR). Electronic signatures submitted through www.grants.gov satisfy this requirement.

o SF-424, Item 8.d Zip/Postal Code field, should reflect the Zip code + 4 (#####-

####) format.

o SF-424, Item 12, should list the NOFO number as NTIA-Broadband-

Infrastructure-Program-21.

o SF-424, Item 18, should list the total federal budget amount requested for the entire project.

http://www.grants.gov/

Notice of Funding Opportunity – 12 o SF-424, Item 19, Applications under this program are subject to Executive

Order 12372, “Intergovernmental Review of Federal Programs,” which requires intergovernmental consultation with state and local officials. Applicants are required to submit a copy of their applications to their designated state Single

Point of Contact (SPOC) offices, which should be reflected in Item 19 on the

SF-424.

o For SF-424, Item 21, the list of certifications and assurances that are referenced is contained in the Federal Financial Assistance Certifications and

Representations (Certs and Reps) as part of the SAM.gov entity registration, as well as the Certifications Regarding Debarment and Suspension, as described in section IV.F of this NOFO below.

2. Standard Form 424C: Budget Information for Construction Programs (SF-

424C)

Applicants must complete this form and, as indicated in section IV.B.7 below, provide a detailed budget narrative that adequately describes all proposed activities and costs for their grant-funded project(s).

3. Standard Form 424D: Assurances for Construction Programs (SF-424D) The SF-424D is required for all applicants that have not updated their System for Award

Management (SAM.gov) entity registration since February 2, 2019 to include the federal financial assistance Certifications and Representations (Certs and Reps). If an applicant has updated their SAM.gov entity registration since February 2, 2019 to include the certifications and representations, then the SF-424D is not required.

4. CD–511 Certification Regarding Lobbying

Enter “NTIA-Broadband-Infrastructure-Program-21” in the Award Number field. Enter the title of the application used in field 15 of the SF-424, or an abbreviation of that title, in the Project

Name field.

5. Standard Form LLL, Disclosure of Lobbying Activities (if applicable)

6. Project Narrative

The Project Narrative is a word-processed document of not more than twenty (20) single-spaced pages (40 double-spaced pages) responsive to the program description, statutory purposes, funding priorities, and the evaluation criteria set forth in this NOFO. The Project Narrative shall include:

a. An executive summary of the project not to exceed two (2) pages. Please note, if an applicant’s proposal is selected for funding, NTIA may use all or a portion of the

Executive Summary as part of a press release issued by NTIA, or for other public information and outreach purposes. Applicants are advised not to incorporate information that concerns business trade secrets or other confidential commercial or financial information as part of the Executive Summary. See also 15 C.F.R. § 4.9(c) concerning the designation of business information by the applicant;

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b. A description of the covered partnership, including a description of the organizations involved and the qualifications and experience of key personnel responsible for implementing the proposed project, including;

i. Table of Funded Project Participants and Unfunded Informal

Collaborators. (Does not count toward the page limit). Provide a table that identifies all organizations that will participate in and contribute to the proposed activities, if funded, known at the time of the application submission. The table should consist of an alphabetically ordered list, by organization, of all Funded Project

Participants and all Unfunded Informal Collaborators. The table should include the organization’s name, address, administrative role, scope of work (funded participants only) and proposed funding amount (funded participants only). Administrative roles are:

applicant, subrecipient, or contractor for funded participants; or collaborator if they will not receive funding.

ii. Resumes of Key Personnel. (Does not count toward page limit but are limited to one-page each). One-page resumes of no more than five key personnel from the participants in the covered partnership

(not subrecipients) may be included. Any information beyond one page for each resume and any additional resumes submitted will not be considered.

c. A description of the covered broadband project to be funded by the grant, including the services, speed or tiers of speeds at which the covered partnership plans to offer broadband service, the proposed prices of the broadband service offerings, the technical details of the project, including the type of technology to be deployed, and the cost details of the project, including financial analyses and revenue and expense projections, and a description of why federal financial assistance is needed to implement the covered broadband project;

d. A description of the area to be served by the covered broadband project (referred to as the proposed service area) including a list of the census blocks to be served, or portions thereof, the percentage of the total unserved (lack of infrastructure) population to be served by the project, and the number of unserved households, businesses, and community anchor institutions the project plans to connect;

e. A description of which statutory funding priority(ies) (as set forth in Section I.A of this NOFO) the proposed project would address and how the proposed project would address such funding priority(ies);

f. A description of how the project addresses the evaluation criteria identified in Section

V.A of this NOFO, including a description of project beneficiaries, service area level of need, project sustainability, and expected outcomes;

Notice of Funding Opportunity – 14 g.A description of how their deployment will have the ability to scale over time for greater capability (e.g., using integrated advanced services such as 5G or fiber);

h. A project plan describing all major project activities and timelines for implementation, including key deployment milestones;

i. A brief description of the physical project area and its surroundings (e.g., disturbed or developed land vs. open space; adjacent natural resources, such as rivers, wetlands, or forestlands; and any protected lands or resources in or near the project area), including site photographs and aerial (e.g., Google Earth or Google Maps images) photographs, if the project includes construction and/or ground disturbing activities.

This description should also describe how the covered partnership intends to comply with the environmental and historic preservation requirements applicable to an award received under the Broadband Infrastructure Program (including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act), and if applicable, provide a copy of any environmental and historic preservation review documentation that has been prepared in connection with obtaining permits or approvals from State, local or other federal entities. It is the applicant’s responsibility to obtain all necessary federal, State, and local governmental permits and approvals necessary for the proposed work to be conducted. Applicants are expected to design their projects so that they minimize the potential for adverse impacts on the environment. Applicants also will be required to cooperate with NTIA in identifying feasible measures to reduce or avoid any identified adverse environmental impacts of their proposed projects. The failure to do so may be grounds for not making an award. Environmental and historic preservation review documentation, if provided, is not included in the 20-page limit of the project narrative; and

j. A description of any support provided to the provider of broadband service that is part of the covered partnership through:

i. Any grant, loan, or loan guarantee provided by a State to the provider of broadband service for the deployment of broadband service in the proposed service area;

ii. Any grant, loan, or loan guarantee with respect to the proposed service area provided by the Secretary of Agriculture under:

1. Title VI of the Rural Electrification Act of 1936 (7 U.S.C.

950bb et seq.), including: any program to provide grants, loans, or loan guarantees under sections 601 through 603 of that Act (7 U.S.C. 950bb et seq.); and the Community

Connect Grant Program established under section 604 of that

Act (7 U.S.C. 950bb–3); or

2. The broadband loan and grant pilot program known as the

“Rural eConnectivity Pilot Program” or the “ReConnect

Notice of Funding Opportunity – 15

Program” authorized under section 779 of division A of the

Consolidated Appropriations Act, 2018 (Public Law 115–141;

132 Stat. 348);

iii. Any high-cost universal service support provided under section 254 of the Communications Act of 1934 (47 U.S.C. 254);

iv. Any grant provided under section 6001 of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305);

v. Amounts made available for the Education Stabilization Fund under the heading “DEPARTMENT OF EDUCATION” in title VIII of division B of the CARES Act (Public Law 116–136; 134 Stat. 564);

or

vi. Any other grant, loan, or loan guarantee provided by the Federal

Government for the provision of broadband service.

k. A description of whether and, if so, how the project will incorporate strong labor standards, including project labor agreements and community benefit agreements that offer wages at or above the prevailing rate and include local hire provisions, and a description of the applicant’s workforce plans and practices.

7. Budget Narrative and Detailed Budget Justification

Applicants must submit a Detailed Budget Justification in the form of a spreadsheet, as well as a

Budget Narrative in the form of a word document. All budget information must support the dollar amounts identified in the SF-424 and SF-424C and demonstrate that the project or activity meets the eligible use requirements in the Act and this NOFO.

The Detailed Budget Justification spreadsheet must reflect the cost categories that appear on the

SF-424C (e.g., administrative and legal expenses; land; structures; rights-of-way; appraisals;

construction, etc.) and include itemized calculations for each cost placed under those categories.

The spreadsheet must be formatted to fit letter-sized paper (8.5” x 11”).

The Budget Narrative must explain the necessity and basis for all costs, clearly correspond to the information included in the Detailed Budget Justification spreadsheet, and reflect only allowable costs that are consistent with the project scope. Information on cost allowability is available in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Awards at 2 C.F.R. § 200, which apply to awards in this program.

If cost sharing or matching funds are included in the budget, the applicant must identify the non-federal source (e.g., state funding) and distinguish the non-federal and federal portions of the budget in the Detailed Budget Justification and Budget Narrative. Information regarding cost sharing or matching funds is available in 2 C.F.R. § 200.306.

https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl

Notice of Funding Opportunity – 16

8. Indirect Cost Rate Agreement (as applicable)

If indirect costs are included in the proposed budget, provide a copy of the approved negotiated agreement if this rate was negotiated with a cognizant federal agency. If the rate was not established by a cognizant federal agency, provide a statement to this effect. If the successful applicant includes indirect costs in the budget and has not established an indirect cost rate with a cognizant federal agency, the applicant will be required to obtain such a rate in accordance with

Section B.06 of the Department of Commerce Financial Assistance Standard Terms and

Conditions, dated November 12, 2020.

Alternatively, in accordance with 2 C.F.R. § 200.414(f), applicants, other than entities described in Section D.1.b. of Appendix VII to 2 C.F.R. Part 200, that do not have a current negotiated indirect cost rate (including a provisional rate) may elect to charge indirect costs to the award pursuant to a de minimis rate of 10 percent of modified total direct costs, in which case a negotiated indirect cost rate agreement is not required. As described in 2 C.F.R. § 200.403, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. Once chosen, this methodology must be used consistently for all federal awards until such time as a non-federal entity chooses to negotiate for a rate, which the non-federal entity may apply to do at any time. Applicants proposing a 10 percent de minimis rate pursuant to 2 C.F.R. § 200.414(f) must note this election as part of the budget portion of the application.

9. Letters of Commitment

Each application must include a Letter of Commitment from an authorized representative of each member of the covered partnership. The Letter of Commitment will discuss the scope of work to be undertaken by the member of the covered partnership and its relevance to the covered broadband project.

10. Maps of proposed service areas (preferably in shapefiles, .kmz, or .kml formats).

11. Pro forma financial information and analyses, such as balance sheets, income statements, and statements of cash flows; and

12. Network diagram(s) and system design(s).

C. Additional Application Materials

No additional application materials are required, beyond what is enumerated above.

D. Attachment of Required Documents

Items in Section IV.B.1 though IV.B.5 above are part of the standard application package in

Grants.gov and can be completed through the download application process.

https://www.commerce.gov/sites/default/files/2020-11/DOC%20Standard%20Terms%20and%20Conditions%20-%2012%20November%202020%20PDF_0.pdf https://www.commerce.gov/sites/default/files/2020-11/DOC%20Standard%20Terms%20and%20Conditions%20-%2012%20November%202020%20PDF_0.pdf

Notice of Funding Opportunity – 17

Items in Section IV.B.6 through IV.B.12 above must be completed and attached by clicking on

“Add Attachments” found in item 15 of the SF-424, Application for Federal Assistance. This will create a zip file that allows for transmittal of the documents electronically via Grants.gov.

Applicants should carefully follow specific Grants.gov instructions at www.Grants.gov to ensure the attachments will be accepted by the Grants.gov system. A receipt from Grants.gov indicates only that an application was transferred to a system. It does not provide details concerning whether all attachments (or how many attachments) transferred successfully. Applicants will receive a series of e-mail messages over a period of up to two business days before learning whether a federal agency’s electronic system has received its application.

E. Application Format

1. Paper, Emailed and Facsimile (fax) submissions

Paper, email and facsimile submissions will not be accepted.

2. Figures, graphs, images, and pictures

Should be of a size that is easily readable or viewable and may be landscape orientation.

3. Font

Easy to read font (10-point minimum). Smaller type may be used in figures and tables but must be clearly legible.

4. Line spacing

Applicants may use single spacing or double spacing.

5. Margins

One inch top, bottom, left, and right.

6. Page layout

Portrait orientation except for figures, graphs, images, and pictures. Paragraphs are to be clearly separated from each other by double spacing, paragraph formatting or equivalent.

7. Page limit

The Project Narrative is limited to 20 pages single spaced (40 pages double spaced), noting the limit of two (2) pages for the Executive Summary. Resumes, environmental and historic preservation review documentation, the table of funded project participants, and unfunded informal collaborators are not included in the page count of the Project Narrative. However, if resumes are included, resumes must be a maximum of one (1) page each.

Notice of Funding Opportunity – 18

8. Page numbering

Number pages sequentially.

9. Page size

8½ inches by 11 inches, excluding maps of proposed service areas or network or system diagrams.

10. Application language

English.

11. Typed document

All applications, including forms, must be typed.

F. Certifications Regarding Debarment and Suspension (applies to all members of a covered partnership and to all subrecipients)

By signing and submitting an application for funding pursuant to the Broadband Infrastructure

Program, the applicant is making the following certifications (see Line 21 on the SF-424):

1. Instructions for Primary Tier Participant Certification (covered partnerships):

a. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 C.F.R. Parts 180, 1200 and 1326.

b. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

d. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

Notice of Funding Opportunity – 19

e. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this…