oppDHS-18-GPD-056-00-01-cfda97.056-instructions.pdf

The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO)

Fiscal Year (FY) 2018 Port Security Grant Program (PSGP)

NOTE: If you are going to apply for this funding opportunity and have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take 4 weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information. Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at:

http://www.grants.gov/web/grants/register.html. Detailed information regarding DUNS and SAM is also provided in Section D of this NOFO, subsection, Content and Form of Application Submission.

A. Program Description Issued By U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD)

Catalog of Federal Domestic Assistance (CFDA) Number 97.056

CFDA Title Port Security Grant Program

Notice of Funding Opportunity Title Port Security Grant Program

NOFO Number

DHS-18-GPD-056-00-01

Authorizing Authority for Program Section 102 of the Maritime Transportation Security Act of 2002 (Pub. L. No. 107-295, as amended) (46 U.S.C. § 70107)

Appropriation Authority for Program Department of Homeland Security Appropriations Act, 2018, (Pub. L. No. 115-141)

Program Type New

Program Overview, Objectives and Priorities

Overview The FY 2018 Port Security Grant Program (PSGP) is set against the backdrop of a year in which the United States faced numerous and unprecedented homeland security challenges.

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These included the three major hurricanes that devastated parts of Texas, Florida, and much of Puerto Rico and the U.S. Virgin Islands, as well as massive wildfires across the State of California. In addition to these natural disasters, the Nation also responded to multiple incidents as part of the evolving threat landscape, including witnessing the first known terrorist attack executed against mass transportation on our soil; cyberattacks against critical port infrastructure; and mass casualty events involving both vehicles and active shooters.

The National Preparedness Goal (the Goal) defines what it means to be prepared for such diverse and complicated events. The National Preparedness System is the instrument the Nation employs to build, sustain, and deliver the core capabilities needed to achieve the goal of a more secure and resilient Nation. The development and sustainment of these core capabilities is not exclusive to any single level of government or organization, but rather requires the combined effort of the whole community. To that end, the FY 2018 PSGP represents one part of a comprehensive set of measures authorized by Congress and implemented by the Administration. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, the PSGP supports the goal to Strengthen National Preparedness and Resilience.

The recently released 2018-2022 FEMA Strategic Plan creates a shared vision for the field of emergency management and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. The Port Security Grant Program supports the goal of Readying the Nation for Catastrophic Disasters. We invite all of our stakeholders and partners to also adopt these priorities and join us in building a stronger Agency and a more prepared and resilient Nation.

Objectives The PSGP provides funding to port authorities, facility operators, and State and local agencies for activities associated with implementing Area Maritime Security Plans (AMSPs), facility security plans and other port-wide risk management efforts.

The vast majority of U.S. maritime critical infrastructure is owned or operated by state, local, territorial and private sector maritime industry partners. PSGP funds available to these entities are intended to improve port-wide maritime security risk management; enhance maritime domain awareness; support maritime security training and exercises; and maintain or reestablish maritime security mitigation protocols that support port recovery and resiliency capabilities. Considering the current maritime security climate, the program’s concerns focus heavily on incidents involving Weapons of Mass Destruction (WMDs), cybersecurity, and attacks on soft targets.

Performance metrics for this program are as follows:

Percentage of funding building new capabilities Percentage of funding sustaining existing capabilities

Priorities Recipients of the FY 2018 PSGP are encouraged to accomplish these objectives through activities such as:

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Strengthening governance integration;

Enhancing Maritime Domain Awareness (MDA);

Enhancing Improvised Explosive Device (IED) and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) prevention, protection, response and recovery capabilities within the maritime domain;

Enhancing cybersecurity capabilities;

Completing maritime security risk mitigation projects that support port resilience and recovery capabilities;

Conducting training and exercises; and Implementing physical security, to include Transportation Worker Identification

Credential (TWIC) projects.

The funding priorities for the PSGP reflect the Department’s overall investment strategy, in which two priorities have been paramount: risk-informed funding allocations and regional security cooperation.

DHS/FEMA places a high priority on ensuring that all PSGP applications reflect robust regional coordination and an investment strategy that institutionalizes and integrates a regional maritime security risk mitigation strategy. This priority is a core component in the department’s statewide grant programs and complements the goals of the Urban Area Security Initiative (UASI) grant program.

For additional information on program priorities and objectives for the FY 2018 PSGP, refer to Appendix A – PSGP Program Priorities.

B. Federal Award Information

Award Amounts, Important Dates, and Extensions

Available Funding for the PSGP: $100,000,000

Period of Performance: Thirty-six (36) months

Extensions to the period of performance are allowed. For additional information on period of performance extensions, refer to Section H of this NOFO, Additional Information (Extensions).

Projected Period of Performance Start Date: September 1, 2018

Projected Period of Performance End Date: August 31, 2021

Funding Instrument: Grant

C. Eligibility Information

Eligible Applicants All entities subject to an Area Maritime Transportation Security Plan (AMSP), as defined by 46

U.S.C. § 70103(b), may apply for PSGP funding. Eligible applicants include, but are not limited to: port authorities, facility operators, and state and local government agencies.

Eligibility Criteria Pursuant to the Maritime Transportation Security Act of 2002, as amended (MTSA), DHS established a risk-based grant program to support maritime security risk management. Funding is directed towards the implementation of AMSPs, Facility Security Plans (FSP), and Vessel Security Plans (VSPs) among port authorities, facility operators, and state and local government agencies that are required to provide port security services. In administering the grant program, national, economic, energy, and strategic defense concerns based upon the most current risk assessments available will be considered.

Port Area Definition A Port Area is a location on a coast, shore, or inland waterway containing one or more harbors where vessels can dock and transfer people or cargo to or from land. For the purpose of PSGP, the presence of Maritime Transportation Security Act (MTSA) regulated facilities are the primary consideration of harbors that define a Port Area.

Eligible Entities Only one (1) application per eligible entity within each Port Area is permitted. Applicants may submit up to five (5) investment justifications within the single application. An entity is a port authority; facility operator; or state, territorial or local government agency required to provide port security services. An investment justification supports the funding of a proposed project. The location where the project is primarily implemented is considered the Port Area of the application.

Applicants with facilities in multiple Port Areas may submit one (1) application per Port Area.

Funding allocation decisions are partially based on Port Area risk. Therefore, no single application should include investment justifications for projects intended to be implemented in multiple Port Areas. For example, state entities that operate in multiple Port Areas must submit separate applications to fund projects in each Port Area.

As a condition of eligibility, all PSGP applicants are required to be fully compliant with relevant Maritime Security Regulations (33 C.F.R. Parts 101-106). Any applicant who, as of the grant application deadline, has an open or outstanding Notice of Violation (NOV), will not be considered for PSGP funding if:

1. The applicant has failed to pay the NOV within 45 days of receipt of the NOV; or

2. The applicant has failed to decline the NOV within 45 days of receipt of the NOV, resulting in the Coast Guard entering a finding of default in accordance with 33 C.F.R. § 1.07- 11(f)(2); or

3. The applicant appealed the NOV pursuant to 33 C.F.R § 1.07-70 and received a final appeal decision from the Commandant, U.S. Coast Guard, as described in 33 C.F.R. § 1.07-75 and failed to come into compliance with the terms of the final appeal decision within the timelines noted herein.

The local U.S. Coast Guard Captain of the Port (COTP) will verify security compliance eligibility during the field review process.

Eligibility does not guarantee grant funding.

Ferry Systems Ferry systems are eligible to apply for FY 2018 PSGP funds. However, any ferry system receiving funds under the FY 2018 PSGP will not be eligible to participate under the FY 2018 Transit Security Grant Program (TSGP). Likewise, any ferry system that participates in the TSGP will not be eligible for funding under the PSGP.

Other Eligibility Criteria

National Incident Management System (NIMS) Implementation Prior to the allocation of any Federal preparedness awards in FY 2018, recipients must ensure and maintain the adoption and implementation of NIMS. DHS/FEMA describes the specific training and activities involved in NIMS implementation in the NIMS Training Program (https://www.fema.gov/training-0) and the NIMS Implementation Objectives (https://www.fema.gov/implementation-guidance-and-reporting).

Incident management activities require carefully managed resources (personnel, teams, facilities, equipment and/or supplies). Utilization of standardized resource management concepts such as typing, credentialing, and inventorying promote a strong national mutual aid capability needed to support delivery of core capabilities. Recipients should manage resources purchased or supported with DHS/FEMA grant funding according to NIMS resource management guidance. Additional information on resource management and NIMS resource typing definitions and job titles/position qualifications is available at http://www.fema.gov/resource-management-mutual-aid.

Cost Share or Match The FY 2018 PSGP has a cost share requirement. The non-Federal entity contribution can be cash or third-party in-kind, with the exception of construction activities, which must be a cash-match (hard). All applicants will be required to commit to the cost share requirement at the time of application.

All public sector and non-governmental, nonprofit PSGP award recipients—meaning recipients other than private, for-profit entities—must provide a non-Federal entity contribution supporting 25 percent (25%) of the total of all project costs. The non-Federal entity contribution should be specifically identified for each proposed project. The non-Federal contribution, whether cash or third-party in-kind, has the same eligibility requirements as the Federal share (e.g.

operational costs for routine patrol are ineligible; operational costs for overtime to conduct an approved exercise may be eligible as part of the investment justification) and must be justified as part of the project within the investment justification.

For example, if the Federal award for a public sector recipient requires a 25 percent (25%) cost share and the total project cost is $100,000, then:

Federal share is 75 percent of $100,000 = $75,000 Recipient cost share is 25 percent of $100,000 = $25,000

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Private, for-profit PSGP award recipients must provide a non-Federal entity contribution supporting 50 percent (50%) of the total of all project costs. The non-Federal entity contribution should be specifically identified for each proposed project. The non-Federal contribution, whether cash or third party in-kind, has the same eligibility requirements as the Federal share (e.g.

operational costs for routine patrol are ineligible, and operational costs for overtime to conduct an approved exercise may be eligible as part of the investment justification) and must be justified as part of the project within the investment justification.

For example, if the Federal award for a public sector recipient requires a 50 percent (50%) cost share and the total project cost is $100,000, then:

Federal share is 50 percent of $100,000 = $50,000 Recipient cost share is 50 percent of $100,000 = $50,000

Exceptions to the cost match requirement may apply. Please see Appendix A – FY 2018 PSGP Funding Guidelines for details. For example, the cost share requirements for projects that have a port-wide benefit need only to be funded at the public sector matching fund level of 25 percent.

These projects must be certified by the COTP as having a port-wide benefit.

D. Application and Submission Information

Key Dates and Times

Date Posted to Grants.gov: May 21, 2018

Application Submission Deadline: June 20, 5:00 PM ET

All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of the full application. In general, DHS/FEMA will not review applications that are received after the deadline or consider them for funding. DHS/FEMA may extend the application deadline on request for an applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include ongoing technical problems outside of the applicant’s control that prevent submission of the application by the deadline, or other exigent or emergency circumstances. Applicants experiencing technical issues must notify the respective FEMA Headquarters (HQ) Program Analyst prior to the application deadline. Applicants should contact the Centralized Scheduling and Information Desk (CSID) for FEMA HQ Program Analyst contact information.

CSID can be reached by phone at (800) 368-6498 or by e-mail at askcsid@fema.gov, Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

Anticipated Funding Selection Date: August 27, 2018

Anticipated Award Date: No later than September 30, 2018

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Address to Request Application Package Application forms and instructions are available on Grants.gov (hardcopies of the NOFO and associated application materials are not available.) To access the application package, select “Applicants” then “Apply for Grants” followed by “Get Application Package.” Enter the Funding Opportunity Number located on the first page of the NOFO. Select “Apply” and then “Create Workspace.” Follow the prompts to download the instructions and begin the application.

In addition, the following Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice is: (800) 462-7585

Initial applications will be processed through the Grants.gov portal and final applications will be processed through FEMA’s Non-Disaster Grants (ND Grants) System.

Content and Form of Application Submission Applying for an award under this program is a multi-step process. To ensure that an application is submitted on time applicants are advised to start the required steps well in advance of their submission. Failure to comply with any of the required steps before the deadline for submitting the application may disqualify the application from funding.

The steps involved in applying for an award under this program are:

1. Applying for, updating, or verifying their Data Universal Numbering System (DUNS)

Number and Employer ID Number (EIN);

2. Updating or verifying their System for Award Management (SAM) Registration;

3. Establishing an Authorized Organizational Representative (AOR) in Grants.gov;

4. Submitting an initial application in Grants.gov; and

5. Submitting the final application in the ND Grants system.

Unique Entity Identifier and System for Award Management (SAM) All applicants for this award must:

1. Be registered in SAM before submitting its application;

2. Provide a valid DUNS number in its application; and

3. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by DHS/FEMA.

DHS/FEMA may not make a federal award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements and, if an applicant has not fully complied with the requirements by the time DHS/FEMA is ready to make a federal award. DHS/FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.

Electronic Delivery DHS/FEMA is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS/FEMA requires applicants to submit their initial applications online through Grants.gov and the final application through ND

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Grants.

How to Register to Apply through Grants.gov

1. Instructions: Read the instructions below about registering to apply for DHS/FEMA funds.

Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information.

The registration process can take up to four weeks to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required application submission deadlines.

Organizations must have a DUNS Number, active SAM registration, and Grants.gov account to apply for grants.

If individual applicants are eligible to apply for this grant funding opportunity, refer to:

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

Organization applicants can find complete instructions here:

https://www.grants.gov/web/grants/applicants/organization-registration.html

2. Obtain a DUNS Number: All entities applying for funding, including renewal funding, must have a DUNS number from Dun & Bradstreet (D&B). Applicants must enter the DUNS number in the data entry field labeled "Organizational DUNS" on the SF-424 form.

For more detailed instructions for obtaining a DUNS number, refer to:

https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-duns-number.html

3. Register with SAM: In addition to having a DUNS number, all organizations applying online through Grants.gov must register with the System for Award Management (SAM). Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually.

For more detailed instructions for registering with SAM, refer to:

https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with-sam.html

4. Create a Grants.gov Account: The next step in the registration process is to create an account with Grants.gov. Applicants must know their organization's DUNS number to complete this step.

For more information, follow the on-screen instructions or refer to:

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

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5. Add a Profile to a Grants.gov Account: A profile in Grants.gov corresponds to a single applicant organization the user represents (i.e., an applicant) or an individual applicant. If you work for or consult with multiple organizations and have a profile for each, you may log in to one Grants.gov account to access all of your grant applications. To add an organizational profile to your Grants.gov account, enter the DUNS Number for the organization in the DUNS field while adding a profile.

For more detailed instructions about creating a profile on Grants.gov, refer to:

https://www.grants.gov/web/grants/applicants/registration/add-profile.html

6. EBiz POC Authorized Profile Roles: After you register with Grants.gov and create an Organization Applicant Profile, the organization applicant's request for Grants.gov roles and access is sent to the EBiz POC. The EBiz POC will then log in to Grants.gov and authorize the appropriate roles, which may include the AOR role, thereby giving you permission to complete and submit applications on behalf of the organization. You will be able to submit your application online any time after you have been assigned the AOR role.

For more detailed instructions about creating a profile on Grants.gov, refer to:

https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html

7. Track Role Status: To track your role request, refer to:

https://www.grants.gov/web/grants/applicants/registration/track-role-status.html

8. Electronic Signature: When applications are submitted through Grants.gov, the name of the organization applicant with the AOR role that submitted the application is inserted into the signature line of the application, serving as the electronic signature. The EBiz POC must authorize individuals who are able to make legally binding commitments on behalf of the organization as an AOR; this step is often missed and it is crucial for valid and timely submissions.

How to Submit an Initial Application to DHS/FEMA via Grants.gov Grants.gov applicants apply online using Workspace. Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different webforms within an application. For each Notice of Funding Opportunity (NOFO), you can create individual instances of a workspace. Applicants are encouraged to submit their initial application in Grants.gov at least seven days before the June 20, 2018, application deadline.

Below is an overview of applying on Grants.gov. For access to complete instructions on how to apply for opportunities using Workspace, refer to:

https://www.grants.gov/web/grants/applicants/workspace-overview.html

1. Create a Workspace: Creating a workspace allows you to complete it online and route it through your organization for review before submitting.

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2. Complete a Workspace: Add participants to the workspace to work on the application together, complete all the required forms online or by downloading PDF versions, and check for errors before submission.

3. Adobe Reader: If you decide not to apply by filling out webforms, you can download individual PDF forms in Workspace so that they will appear similar to other Standard or DHS/FEMA forms. The individual PDF forms can be downloaded and saved to your local device storage, network drive(s), or external drives, then accessed through Adobe Reader.

NOTE: Visit the Adobe Software Compatibility page on Grants.gov to download the appropriate version of the software at: https://www.grants.gov/web/grants/applicants/adobe-software-compatibility.html

4. Mandatory Fields in Forms: In the forms, you will note fields marked with an asterisk and a different background color. These fields are mandatory fields that must be completed to successfully submit your application.

5. Complete SF-424 Fields First: The forms are designed to fill in common required fields across other forms, such as the applicant name, address, and DUNS number. To trigger this feature, an applicant must complete the SF-424 information first. Once it is completed, the information will transfer to the other forms.

6. Submit a Workspace: An application may be submitted through Workspace by clicking the “Sign and Submit” button on the Manage Workspace page, under the Forms tab. Grants.gov recommends submitting your application package at least seven days prior to the close date to provide you with time to correct any potential technical issues that may disrupt the application submission.

7. Track a Workspace: After successfully submitting a workspace package, a Grants.gov Tracking Number (GRANTXXXXXXXX) is automatically assigned to the application. The number will be listed on the confirmation page that is generated after submission. Using the tracking number, access the Track My Application page under the Applicants tab or the Details tab in the submitted workspace.

For additional training resources, including video tutorials, refer to:

https://www.grants.gov/web/grants/applicants/applicant-training.html

Applicant Support: Grants.gov provides applicants 24/7 support via the toll-free number 1-800- 518-4726 and email at support@grants.gov. For questions related to the specific grant opportunity, contact the number listed in the application package of the grant you are applying for.

If you are experiencing difficulties with your submission, it is best to call the Grants.gov Support Center and obtain a ticket number. The Support Center ticket number will assist the DHS/FEMA with tracking your issue and understanding background information on the issue.

Submitting the Final Application in Non Disaster Grants System (ND Grants)

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After submitting the initial application in Grants.gov, eligible applicants will be notified by DHS/FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement or at the latest, seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their application.

In ND Grants applicants will be prompted to submit all of the information contained in the following forms. Applicants should review these forms before applying to ensure they have all the information required:

Standard Form 424A, Budget Information (Non-construction) Standard Form 424B, Standard Assurances (Non-construction) Standard Form LLL, Disclosure of Lobbying Activities

In addition, applicants must submit copies of the following in ND Grants:

Standard Form 424C, Budget Information (Construction);

Standard Form 424D, Standard Assurances (Construction);

Investment Justification(s);

Detailed Budget Worksheet(s); and Indirect Cost Agreement, if applicable.

For assistance registering for the ND Grants system, please contact ndgrants@fema.gov or (800) 865-4076.

Timely Receipt Requirements and Proof of Timely Submission All applications must be received in ND Grants by 5:00 PM Eastern Time on June 20, 2018.

Proof of timely submission is automatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants.

The applicant with the AOR role who submitted the application will receive an acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov with the successful transmission of their initial application. This applicant with the AOR role will also receive the official date/time stamp and Grants.gov Tracking number in an email serving as proof of their timely submission.

Applicants using slow internet, such as dial-up connections, should be aware that transmission can take some time before Grants.gov and ND Grants receive your application. Again, Grants.gov will provide either an error or a successfully received transmission in the form of an email sent to the applicant with the AOR role. The Grants.gov Support Center reports that some applicants end the transmission because they think that nothing is occurring during the transmission process. Please be patient and give the systems time to process the application.

Applicants needing assistance with the ND Grants system should contact ndgrants@fema.gov or

(800) 865-4076.

Intergovernmental Review An intergovernmental review may be required. Applicants must contact their state’s Single Point

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mailto:ndgrants@fema.gov http:Grants.gov http:Grants.gov http:Grants.gov http:Grants.gov http:Grants.gov mailto:ndgrants@fema.gov of Contact (SPOC) to comply with the state’s process under Executive Order 12372 (See http://www.fws.gov/policy/library/rgeo12372.pdf).

Funding Restrictions Federal funds made available through this award may be used only for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal award, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity.

Environmental Planning and Historic Preservation (EHP) Compliance As a Federal agency, DHS/FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by the agency, including grant funded projects, comply with Federal EHP regulations, laws, and Executive Orders as applicable. Recipients and subrecipients proposing projects that have the potential to impact the environment. Projects that may impact the environment include but are not limited to: construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities. The EHP review process involves the submission of a detailed project description along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project;

otherwise, DHS/FEMA may not be able to fund the project due to non-compliance with EHP laws, executive orders, regulations, and policies.

Additionally, all recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy #108-023-1. The GPD EHP screening form is located at here and further EHP guidance can be found at https://www.fema.gov/media-library/assets/documents/85376.

Emergency Communications and Resilience All entities using PSGP funding to support emergency communications investments are required to comply with the SAFECOM Guidance on Emergency Communications Grants (SAFECOM Guidance). The SAFECOM Guidance provides current information on emergency communications policies, eligible costs, best practices, and technical standards for State, local, tribal, and territorial grantees investing Federal funds in emergency communications projects. It is also designed to promote and align with the National Emergency Communications Plan (NECP). Conformance with the SAFECOM Guidance helps ensure that Federally-funded investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications.

FirstNet The Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, as amended (codified in part at 47 U.S.C. §§ 1401-1473) established the First Responder Network Authority (hereinafter FirstNet Authority) as an independent authority within the National

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Telecommunications and Information Administration (“NTIA”).1 The FirstNet Authority’s statutory mission is to establish a nationwide public safety broadband network (FirstNet).2

FirstNet uses the 700 MHz D block spectrum to provide Long-Term Evolution (LTE)-based broadband services and applications to public safety entities.3 FirstNet became operational in March 2018 and is based on a single, national network architecture that will evolve with technological advances and initially consist of a core network and radio access network (RAN).

FirstNet will provide public safety entities with mission critical broadband data capabilities and services including, but not limited to, messaging, image sharing, video streaming, group text, voice, data storage, application, location-based services, and Quality of Service, and Priority and Preemption. Public safety entities seeking to enhance their operational capabilities using broadband technology may seek grant funding to support the following:

Planning for integration of Information Technology (IT) infrastructure, software, and site upgrades necessary to connect to FirstNet.

Handheld broadband devices including smartphones, feature phones, tablets, wearables, push-to-talk (PTT) devices.

Vehicle-mounted or otherwise field operated data devices such as ruggedized laptops.

Network access devices including portable Wi-Fi devices, Universal Serial Bus (USB) modems/dongles, trunk-mounted modems, routers.

Customer Owned and Managed (COAM) broadband deployable equipment, enabling public safety to own and dispatch coverage expansion or capacity enhancement equipment within their jurisdiction.

Broadband device accessories that enable efficient and safe public safety operations such as headsets, belt clips, ear pieces, remote Bluetooth sensors, ruggedized cases. Subscriber Identification Modules (SIMs)/Universal Integrated Circuit Cards (UICCs) to allow public safety users to update existing devices to operate on public safety prioritized services.

One-time purchase and subscription-based applications for public safety use which could include, among a number of other options, enterprise mobility management (EMM), mobile device management (MDM), mobile Virtual Private Network (VPN), identify services, or cloud service tools.

As FirstNet is built out in all 56 states and territories and coverage and capacity for first responders expands, recipients are strongly encouraged to coordinate with the Statewide Interoperability Coordinator (SWIC) and FirstNet on (1) the planning, deployment timelines, and operational availability of the network deployment within a specific state or territory; (2) to ensure the project does not conflict with network planning efforts; and (3) that the project complies with all technical requirements. FirstNet requires participating agencies to demonstrate a subscription to public safety-prioritized broadband services to purchase FirstNet broadband devices or applications.

Information Bulletin #386 is hereby rescinded as the technical requirements and nationwide network architecture has been developed, and FirstNet is operational. Recipients, however, 1 47 U.S.C. § 1424(a).

2 47 U.S.C. § 1426(b).

3 47 U.S.C. §§ 1401(2), 1421(a).

must coordinate with FirstNet in advance of any strategic acquisition of broadband LTE equipment to ensure that purchases adhere to all applicable standards for public safety entities. Recipients with questions on FirstNet should contact info@firstnet.gov. Please refer to the FY 2018 SAFECOM Guidance on Emergency Communications for additional guidance.

Pre-Award Costs Pre-award costs are not allowable and will not be approved, with the exception of costs resulting from pre-award grant writing services provided by an independent contractor that shall not exceed $1,500. See Authorized Use of Contractual Grant Writers and/or Grant Managers below for additional details and restrictions.

Cost Principles Costs charged to this award must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E.

Direct Costs Planning Planning related costs are allowed under this program only as described in this NOFO.

Organization Organization costs are allowed under this program only as described in this NOFO.

Equipment Equipment costs are allowed under this program only as described in this NOFO.

Training Training related costs are allowed under this program only as described in this NOFO.

Exercise Exercise related costs are allowed under this program only as described in this NOFO.

Travel Domestic travel costs are allowed under this program as described in this NOFO. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.

Construction and Renovation Construction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds for construction or renovation. Limits on the total amount of grant funding that may be used for construction or renovation may apply. See Appendix B for additional details. Additionally, recipients are required to submit a SF-424C (Budget Information- Construction Programs) budget and budget detail worksheet citing the project costs.

Operational Overtime mailto:info@firstnet.gov

Operational Overtime costs are allowed under this program only as described in this NOFO.

Maintenance and Sustainment Maintenance and sustainment related costs, such as maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable as described in DHS/FEMA Policy FP 205-402-125-1 (http://www.fema.gov/media- library/assets/documents/32474).

For additional details on allowable costs under the PSGP, see Appendix B: FY 2018 PSGP Funding Guidelines.

Management and Administration (M&A) Costs Management and administration costs are allowed. Recipients may use up to five percent (5%) of the amount of the award for M&A. M&A activities are those defined as directly relating to the management and administration of PSGP funds, such as financial management and monitoring. Management and administrative expenses must be based on actual expenses or known contractual costs; requests that are simple percentages of the award, without supporting justification, will not be allowed or considered for reimbursement.

M&A costs are not operational costs, they are the necessary costs incurred in direct support of the grant or as a consequence of the grant and should be allocated across the entire lifecycle of the grant. Examples include preparing and submitting required programmatic and financial reports, establishing and/or maintaining equipment inventory, documenting operational and equipment expenditures for financial accounting purposes; and responding to official informational requests from state and federal oversight authorities.

If an applicant uses an outside consultant or contractor to provide pre-award grant writing services or post-award grant management services, the following considerations and restrictions shall apply.

Authorized Use of Contractual Grant Writers and/or Grant Managers A grant applicant may procure the services of a contractor to provide support and assistance for pre-award grant development services (grant writing) or post-award grant management and administrative services (grant management). As with all grant-funded procurements, grant writer or grant management services must be procured in accordance with the Federal procurement standards at 2 C.F.R. §§ 200.317 – 200.326. See Section H regarding Procurement Integrity, particularly the sections applicable to non-state entities that discuss organizational conflicts of interest under 2 C.F.R. § 200.319(a) and traditional conflicts of interest under 2 C.F.R. § 200.318 (c)(1).

DHS/FEMA considers a contracted grant-writer to be an agent of the recipient for any subsequent contracts the recipient procures under the same Federal award in which the grant-writer provided grant writing services. Federal funds cannot be used to pay a contractor to carry out the work if that contractor also worked on the development of such specifications. A State must follow the same policies and procedures it uses for procurements of its non-Federal funds, pursuant to 2 C.F.R. § 200.317.

http://www.fema.gov/media

Regardless of whether an applicant or recipient uses grant writing and/or grant management services, the recipient is solely responsible for the fiscal and programmatic integrity of the grant and its authorized activities and expenditures. They must ensure adequate internal controls, including separation of duties, to safeguard grant assets, processes, and documentation, in keeping with the terms and conditions of its award, including this NOFO, and 2 C.F.R. Part 200.

Grant Writers Grant writing contractors may assist the applicant in preparing, writing, and finalizing grant application materials and assisting the applicant with handling online application and submission requirements in Grants.gov and ND Grants. Grant writers may assist in a variety of ways up to and including the actual submission of the application. Ultimately, the applicant that receives an award is solely responsible for all grant award and administrative responsibilities.

By submitting the application, applicants are certifying all of the information contained therein is true and an accurate reflection of the organization, and that regardless of the applicant’s intent, the submission of information that is false or misleading may result in actions by DHS/FEMA. These actions include, but are not limited to, the submitted application not being considered for award, temporary withholding of funding under the existing award pending investigation, or referral to the DHS Office of the Inspector General.

Grant Managers Grant management contractors provide support in the day to day management of an active grant and their services may be incurred as Management and Administration costs (M&A) of the award. Additionally, grant recipients may retain grant management contractors at their own expense.

Pre-Award Cost of up to $1,500 Eligible for Reimbursement To assist applicants with the cost of grant writing services, DHS/FEMA is permitting a one-time pre-award cost of no more than $1,500 per applicant per year for contractual grant writing services as part of the recipient’s M&A costs. This is only intended to cover costs associated with a grant writer and may not be used to reimburse the applicant for their own time and effort in the development of a grant application. Additionally, the applicant may be required to pay this fee with their own funds during the application preparation and submission period; if the applicant subsequently receives an award, they may then request to be reimbursed once grant funds become available for that cost, not to exceed $1,500. If the applicant does not receive an award, this cost will not be reimbursed by the Federal government. The applicant must understand this risk and be able to cover this cost if an award is not made.

If an applicant intends to request reimbursement for this one-time pre-award cost, it must include this request in its application materials, including in the Budget Detail Worksheet for each Investment Justification. Failure to clearly identify this as a separate cost in the application may result in its disallowance. This is the only pre-award cost eligible for reimbursement. Recipients must maintain grant writer fee documentation including, but not limited to: a copy of the solicitation, such as a quote request, rate request, invitation to bid, or request for proposals, if applicable; a copy of the grant writer’s contract agreement, a copy of the invoice or purchase order, and a copy of the cancelled check or proof of payment. These records must be made available to DHS/FEMA upon request.

Indirect (Facilities and Administrative [F&A]) Costs Indirect costs are allowable under this program as described in 2 C.F.R. § 200.414. With the exception of recipients who have never received a negotiated indirect cost rate as described in 2 C.F.R. § 200.414(f), recipients must have an approved indirect cost rate agreement with their cognizant Federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the applicant’s cognizant Federal agency) is required at the time of application, and must be provided to DHS/FEMA before indirect costs are charged to the award.

PSGP Specific Application Instructions All applicants will submit their PSGP grant application, the associated Investment Justifications (IJs) to include detailed budgets and associated Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA) as a file attachment within ND Grants prior to the application deadline.

Investment Justification As part of the FY 2018 PSGP application process, applicants must use the formal IJ template addressing each initiative being proposed for funding. A separate IJ should be submitted for each proposed project. Only one (1) application per eligible entity within each Port Area is permitted.

Applicants with projects in multiple Port Areas should submit one (1) application per Port Area based on the implementation location of the proposed projects. No single application should include projects intended to be implemented in different ports. Applicants may submit up to five

(5) IJs within the single application.

IJs must demonstrate how proposed projects address gaps and deficiencies in one or more of the core capabilities outlined in the Goal. The applicant must demonstrate within the IJ the ability to provide enhancements consistent with the purpose of the program and guidance provided by DHS/FEMA. PSGP projects must be: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) able to be fully completed within the thirty-six (36) month period of performance. For information on the feasibility and effectiveness determination see the Review and Selection Process.

For the purposes of the PSGP application, the Port Area is selected based on the project location.

Agencies that have multiple facilities in multiple Port Areas should apply for projects based on the facility where the project/asset will be implemented, housed/maintained, not the entity’s headquarters location. For entities submitting applications for a single project that span multiple Port Areas, such as one patrol vessel that may be deployed outside of the primary Port Area, the project location is considered to be the predominant location in which the project will be housed and maintained. Large projects that implement multiple components in multiple ports, such as state agency purchases of multiple patrol vessels for multiple ports, should be submitted as separate applications (i.e., State Police vessel project in Port #1 is one application; State Police vessel project in Port #2 is a separate application). All eligible and complete applications will be provided to the applicable COTP for further review.

Applicants seeking to participate in large-scale regional projects requiring the purchase of services or equipment should directly reference this in their application. The applicant should specify their portion of the requested project funding and role in the project. The applicant should also note if their portion of the project can be completed independently of the large-scale regional project.

Applicants will find an IJ template on Grants.gov. This IJ template must be used for each project submitted.

Applicants must provide information in the following categories for each proposed investment:

A. Background B. How the proposed investment supports strategic and program priorities C. Impact D. Funding/Implementation Plan

Applicants must use the following file naming convention when submitting required documents as part of the FY 2018 PSGP:

COTP Zone…