oppL18AS00044-cfda15.234-instructions.pdf

UNITED STATES DEPARTMENT OF THE INTERIOR

Bureau of Land Management

FUNDING OPPORTUNITY ANNOUNCEMENT

for

Federal Financial Assistance

CONTACT INFORMATION:

Shelli Timmons, Grants Management Specialist Telephone: 503-808-6295 Email: srtimmons@blm.gov

Pat Johnston, Program Officer Telephone: 541-683-6181 Email: pjohnsto@blm.gov

FUNDING OPPORTUNITY TITLE:

BLM OR Secure Rural Schools and Community Self-Determination Act

FUNDING OPPORTUNITY NUMBER:

L18AS00044

ANNOUNCEMENT TYPE:

Request for Applications Issued July 5, 2018

CFDA NUMBER & TITLE:

15.234 - Secure Rural Schools and Community Self- Determination Act

LEGISLATIVE AUTHORITY:

SECURE RURAL SCHOOLS AND COMMUNITY

SELF DETERMINATION ACT OF 2000, Public Law 106-393 (16 U.S.C. 500) as amended by the “Consolidated Appropriations Act, 2018” (Public Law 115-141)

DEADLINE FOR SUBMISSION OF APPLICATIONS:

August 5, 2018 12:00 p.m. Pacific Time mailto:srtimmons@blm.gov mailto:pjohnsto@blm.gov

BLM Funding Opportunity Announcement No. L18AS00044 BLM OR Secure Rural Schools and Community Self-Determination Act Page 2 of 33

Version 6 6 2018

A. PROGRAM DESCRIPTION

1. Description of Program and/or Project

a. Background: Since 2000, the Secure Rural Schools and Community Self- Determination Program provides Federal funds to counties that traditionally have been supported by timber payments. These payments make up for the loss in timber payments caused by the decline in timber harvest on Federal lands that occurred in the 1990s. There are three separate “titles” under this legislation:

i. Title I – Secure Payments for States and Counties containing Federal Land

ii. Title II - Special Projects on Federal Land

iii. Title III – County Funds.

This grant offering is strictly for Title II funds of the Act, which are administered by the federal government and in this specific instance, the Bureau of Land Management (BLM).

Title II funds are managed by Federal agencies. However, it does not limit project applicants to federal agencies such as the BLM. Any individual or organization can submit a project application. The Act defines a wide variety of activities that can be accomplished with Title II funds. However, the project must benefit Federal lands or resources. A fifteen-member Resource Advisory Committee (RAC) representative of 3 distinctive categories, appointed by the Secretary reviews the project applications and recommends to the Secretary, or designee which should be funded. (More often than not, the designee for the Secretary is known as the BLM Designated Federal Officer, DFO, which is often the BLM District Manager unless otherwise noted.)

b. Objectives: The objectives of the Secure Rural Schools Act, Title II program are twofold:

To make additional investments in and create additional employment opportunities through, projects that:

(A) (i) improve the maintenance of existing infrastructure;

(ii) implement stewardship objectives that enhance forest ecosystems; and

(iii) restore and improve land health and water quality;

(B) enjoy broad-based support; and

(C) have objectives that may include—

(i) road, trail, and infrastructure maintenance or obliteration;

(ii) soil productivity improvement;

(iii) improvements in forest ecosystem health;

(iv) watershed restoration and maintenance;

(v) the restoration, maintenance, and improvement of wildlife and fish habitat;

(vi) the control of noxious and exotic weeds; and

(vii) the reestablishment of native species; and

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To improve cooperative relationships among—

(A) the people that use and care for Federal land; and

(B) the agencies that manage the Federal land.

c. All awards under this funding opportunity must benefit the general public:

Project funds may be used for the purpose of entering into and implementing cooperative agreements with willing Federal agencies, State and local governments, nonprofit entities, and landowners for protection, restoration and enhancement of fish and wildlife habitat, and other resource objectives consistent with the purpose of this title on Federal land and on non-federal land where projects would benefit these resources on Federal land.

2. Program Expected Outcomes:

REQUIRED DESCRIPTION OF PROJECTS (Performance Goals)

a. The purpose of the project and a description of how the project will meet the purposes of this title.

b. The anticipated duration of the project.

c. The anticipated cost of the project.

d. The proposed source of funding for the project, whether project funds or other funds.

e. (A) Expected outcomes, including how the project will meet or exceed desired ecological conditions, maintenance objectives, or stewardship objectives.

(B) An estimate of the amount of any timber, forage, and other commodities and other economic activity, including jobs generated, if any, anticipated as part of the project.

f. A detailed monitoring plan, including funding needs and sources, that—

(A) tracks and identifies the positive or negative impacts of the project, implementation, and provides for validation monitoring; and

(B) includes an assessment of the following:

(i) Whether or not the project met or exceeded desired ecological conditions; created local employment or training opportunities, including summer youth jobs programs such as the Youth Conservation Corps where appropriate.

(ii) Whether the project improved the use of, or added value to, any products removed from land consistent with the purposes of this title.

g. An assessment that the project is to be in the public interest.

B. FEDERAL AWARD INFORMATION

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1. Award Instrument

In accordance with the Legislative Authority, awards made under this FOA will be through a cooperative agreement. The recipient should expect Bureau of Land Management (BLM) to have substantial involvement in the project. Substantial involvement may include:

⋅ The BLM Program Officer (PO) will collaborate with the recipient's Project Manager/Principal Investigator (RPM/PI) to manage all stages of project development, implementation, and evaluation.

⋅ Responsibility for project management, control, and direction will be shared by the recipient and the BLM, However, the BLM has the right to intervene by modifying the project management plan if the project is not staying on schedule and/or technical issues arise.

2. Expected Number of Awards Multiple Cooperative Agreements

3. Expected Individual Award Amounts $1,000.00 up to $250,000.00 per Title II Award Document.

4. Total Expected Funding to be Awarded through this Announcement

a. Initial Funding: Up to $3,500,000. Counties will make elections regarding the distribution of funds, as required by the Act; amounts will be determined by each Resource Advisory Committee (RAC).

b. Estimated Funding Over the Life of the Agreement: Estimated amounts will be determined once the projects have been recommended by the RAC and approved by the Secretary or designee (Designated Federal Officer – DFO).

5. Anticipated Period of Performance Start Date August 5, 2018

6. Length of Project In general, proposed project completion should be completed within the shortest timeframe need to meet all the expected program outcomes. Application packages for projects requiring more than a three-year timeframe will only be considered for funding under limited circumstances.

7. Additional Funding Information

Funding for this project(s) is not guaranteed and is subject to the availability of funds and evaluation of proposals is based on the criterion in this announcement. In appropriate circumstances, BLM reserves the right to partially fund proposals in discrete portions or phases of proposed projects. If BLM chooses to partially fund a proposal, it will do so in a manner that does not prejudice any applicants or affect the basis upon which the proposal, or portion thereof, was evaluated and selected for award, and therefore maintains the integrity of the competition and selection process.

Funded proposals through this competition is not a guarantee of future funding.

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BLM reserves the right to make additional awards under this announcement if additional funding becomes available after the original award selections are made, Any additional selections for award will be made no later than September 30, 2018.

Any additional selections must be made in accordance with the terms of this announcement and BLM policy.

Only BLM Grants Management Officers (GMO) are authorized to obligate funds for financial assistance.

This FOA is being released prior to the passage of a Consolidated Appropriations Act for FY 2018 by Congress. Enactment of additional Continuing Resolutions or an Appropriations Act may affect the availability and/or level of funding for this program.

C. ELIGIBILITY INFORMATION

1. Eligible Applicants The following types of entities are eligible to apply for award under this announcement. Failure to meet eligibility requirements will result in precluding the BLM from making an award. Eligible applicant types are:

Eligible projects must apply for funds on a county by county basis and be reviewed by the

Resource Advisory Committee that governs that region, these are the Southwest Oregon Resource Advisory Council (RAC), the Northwest Oregon RAC, and the Coastal Oregon RAC. (See attached map)

To be considered for award your proposed project must have already been approved by the RAC Committee. Refer to the following websites for additional information:

RAC Committee Web Sites:

Southwest Oregon RAC: https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/southwest-oregon-rac

Coastal Oregon RAC: https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/coastal-oregon-rac

Northwest Oregon RAC: https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/nw-oregon-rac https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/southwest-oregon-rac https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/southwest-oregon-rac https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/coastal-oregon-rac https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/coastal-oregon-rac https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/nw-oregon-rac https://www.blm.gov/get-involved/resource-advisory-council/near-you/oregon-washington/nw-oregon-rac

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2. Cost Sharing or Matching This program has no cost sharing or matching requirements.

D. APPLICATION AND SUBMISSION INFORMATION

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This announcement includes all information, documents, and electronic addresses needed to submit an application through www.Grants.gov. Paper copies may be requested by contacting the individual(s) listed on the application coversheet.

2. Unique Entity Identifier and System for Award Each applicant (unless the applicant is an individual or Federal awarding agency that is exempt from those requirements under 2 CFR § 25.110(b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR § 25.110(d)) is required to:

a. Provide a valid DUNS number (Dun & Bradstreet Universal Numbering

System) on its application. DU Federal law mandates that all entities applying for Federal financial assistance must have a valid Dun & Bradstreet Data Universal Number System (DUNS) number. Request a DUNS number online at http://fedgov.dnb.com/webform or by calling the Dun & Bradstreet Government Customer Response Center, Monday – Friday, 7 AM to 8 PM CST at the following numbers:

U.S. and U.S Virgin Islands: 1-866-705-5711 Alaska and Puerto Rico: 1-800-234-3867 (Select Option 2, then Option 1) For

Hearing Impaired Customers Only call: 1-877-807-1679 (TTY Line)

b. Entity Registration in SAM: Federal law mandates that all entities applying for

Federal financial assistance must have a current registration in the System for Award Management (SAM). Register in SAM online at http://www.sam.gov/.

Once registered in SAM, entities must renew and revalidate their SAM registration at least every 12 months from the date previously registered.

Entities are strongly urged to revalidate their registration as often as needed to ensure that their information is up to date and in synch with changes that may have been made to DUNS and IRS information.

c. Continue to maintain an active SAM registration with current information at all times during which the applicant has an active Federal award or an application or plan under consideration by a Federal awarding agency.

3. The Application Package

Applications must include all required Standard Forms (SF) shown below, a Proposal

(Attachment A), a Budget Detail (Attachment B), and a copy the applicant's approved federal agency Negotiated Indirect Cost Rate Agreement (NICRA), if applicable.

Non-governmental organizations that have not previously received award funds or have not had an active award within 3 (three) years must complete a Financial Assistance Evaluation Questionnaire. A copy of the questionnaire may be requested by contacting the individual(s) listed on the application coversheet.

WHAT TO SUBMIT:

http://www.grants.gov/

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Form Name and Number

SF-424 Application for Federal Assistance

SF-424A Budget Information - Non-Construction Programs

SF-424B Assurances - Non-Construction Programs

Grants.gov Disclosure of Lobbying Activities Form

Project Proposal (Attachment A to this document)

Budget Detail (Attachment B to this document)

Federal Agency-approved Negotiated Indirect Cost Rate Agreement (NICRA), if applicable

Financial Assistance Evaluation Questionnaire (if applicable)

a. Project Proposal (Attachment A)

1. Attachment A is a suggested project proposal template and may be used when submitting your proposal. The proposal must be no longer than 15 pages, with a type-face no smaller than 11-point, and have at least one (1) inch margins on all sides. The 15 page limit includes all text, figures, references, and vitae, but does not include the Budget Detail (Attachment B).

2. All proposals are confidential.

b. Budget Detail and Justification of costs (Attachment B- Suggested Format)

1. All applications must have a complete detailed budget narrative explaining and justifying the federal and the non-federal expenditures by object class category as listed on SF-424A - Section B (Budget Category) for non-construction awards (and the SF-424C for construction awards). For clarification and simplicity, it is best to discuss each expense by object class in the order that they appear on the SF424A. Include detailed descriptions of all cost justifications (see suggested format attachment B for more detail). Additionally, provide any cost sharing and matching funds in the same level of detail as the federal funds. The budget narrative submitted with the application must match the dollar amounts on all required forms. Please explain each calculation and provide a narrative that supports each budget category (the SF-424 must equal total costs identified on the SF-424A form which must match the budget narrative).

2. Costs proposed to NOFO awards must be reasonable, allowable, allocable, and necessary to the supported activity. Refer to 2 CFR §200, for applicable administrative requirements and cost principles.

3. If your award is for multi-year or multiple year funding, you must provide a budget and budget justification for each year. Show each http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl

BLM OR Secure Rural Schools and Community Self-Determination Act Page 9 of 33 year in a separate column on the SF-424A and use a separate column for listing any match funds. NOFO expects that applicants will ensure that no Federal or non-Federal grant funds will be expended for in-kind goods or services, for purposes of providing transportation, travel, and other expenses for any Federal employee.

4. Budget Detail and Narrative form (Attachment B) is an suggested format to present the breakdown of your estimated costs by category needed to accomplish project activities. Estimated costs should be described in sufficient detail so that they may be checked for reasonableness. Include a description of any cost share (cash, in-kind, etc.) listed. Lump sum costs are not acceptable in any category, without a detail breakdown of how the cost were arrived out. No profit or fees are allowable.

5. Required Indirect Cost Statement and Documentation:

All applicants must include in their budget justification narrative one of the following indirect cost rate statements and attach to their application any required documentation identified in the applicable statement:

We are:

a. A state or local government entity receiving more than $35 million in direct Federal funding with an indirect cost rate of [insert rate].

We submit our indirect cost rate proposals to our cognizant agency. A copy of our most recently approved rate agreement/certification is attached.

b. A state or local government entity receiving less than $35 million in direct Federal funding with an indirect cost rate of [insert rate].

We are required to prepare and retain for audit an indirect cost rate proposal and related documentation to support those costs.

c. A non-profit organization that has previously negotiated or currently has an approved indirect cost rate with our cognizant agency. Our indirect cost rate is [insert rate]. A copy of our most recently approved rate agreement is attached.

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

e. A [insert your organization type] that has never submitted an indirect cost rate proposal to our cognizant agency. Our indirect cost rate is [insert rate]. However, in the event an award is made, will not be able to meet the requirement to submit an indirect cost rate proposal to our cognizant agency within 90 calendar days after award. We request as a condition of award to charge a flat indirect cost rate of 10% of modified total direct costs as defined in Title 2 of the Code of Federal Regulations Part 200, section 200.68. We understand that the 10% rate will apply for the life of the award, BLM OR Secure Rural Schools and Community Self-Determination Act Page 10 of 33 including any future extensions for time, and that the rate cannot be changed even if we do establish an approved rate with our cognizant agency at any point during the award period.

f. A [insert your organization type] that will charge all costs directly.

All applicants are hereby notified of the following:

● Recipients without an approved indirect cost rate (includes accepting the 10% de minimus rate, when eligible) are prohibited from charging indirect costs to a Federal award.

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

● Only the indirect costs calculated against the Federal portion of the total direct costs may be charged to the Federal award.

Recipients may not charge to their BLM award any indirect costs calculated against the portion of total direct costs charged to themselves or charged to any other project partner, Federal and non-Federal alike.

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

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

4. Submission Dates and Times

See announcement cover sheet for the deadline (date and time) for submission of applications. Applications must be received by the BLM prior to the posted deadline.

Any application received after the deadline for submission may not be considered for award unless it can be determined the delay was caused by Federal government mishandling.

E. APPLICATION REVIEW INFORMATION

A total of 100 points will be used to score each proposal received. The scores assigned to each criteria in the second level evaluation correspond to their relative importance.

Proposals will be evaluated, scored, and ranked by appropriate BLM Staff expert in the program's field of study.

The Government reserves the right to reject any and all proposals which do not meet the requirements of this funding opportunity announcement and which are determined to be outside the scope of the authority under which this announcement is posted.

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Award will be made to responsive, responsible applicants submitting proposals which conform to the funding opportunity announcement and are most advantageous to the Government considering the evaluation factors listed below.

The evaluation process will be comprised of the following three screening levels:

1. First Level Screening --Basic Eligibility

a. Applications will be screened by the Grants Management Officer to ensure that applications meet basic eligibility requirements. Depending on the specifics of the opportunity, screening may include, but is not limited to, the following:

1) Program and/or legislative authority requirements are met;

2) Submission is timely;

3) Complete and properly executed SF-424 application package documents

(see D. APPLICATION AND SUBMISSION INFORMATION) are included;

b. Applications must satisfy basic eligibility screening requirements to be considered for further review.

2. Second Level Evaluation -- Merit Review Evaluation

a. a. Since the Act prescribes how projects will be reviewed and selected, no additional evaluation criteria, other than the basic eligibility screening for timely, accurate, and complete applications, will be required when applying for financial assistance.

Public Benefit (Maximum score 100/100 Points)

The proposed project must satisfy each of the following conditions:

The project complies with all applicable Federal laws (including regulations).

The project is consistent with the applicable resource management plan and with any watershed or subsequent plan developed pursuant to the resource management plan and approved by the Secretary concerned.

The project has been approved by a quorum of the Resource Advisory Committee (RAC) in accordance with procedures established by the RAC and approved by a majority of the RAC members of the committee from each of the 3 categories.

A project description has been submitted by the resource advisory committee to the Secretary as described above under “Required Project Description or Project Objectives”.

The project will improve the maintenance of existing infrastructure, implement stewardship objectives that enhance forest ecosystems, and restore and improve land health and water quality.

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3. Third Level Review Pre-award Clearance and Approvals

Following the described review process, BLM will also complete a business evaluation and determination of responsibility. During these evaluations the Grants Management Officer will evaluate variables such as:

a. Risk Management. The BLM uses a risk-based approach to evaluate the risk posed by the supporting applicants’ projects before it awards Federal funds.

1) BLM is required to review information available through OMB-designated eligibility and/or financial integrity databases, such as the Federal Awardee Performance and Integrity Information System (FAPIIS). The BLM considers factors such as:

(a) Financial stability;

(b) Quality of management systems;

(c) History of performance managing Federal awards, timeliness of compliance with reporting requirements, conformance to the terms and conditions of previous Federal awards, etc.;

(d) Reports and findings from audits performed; and

(e) The applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities.

2) Budget review is based on the following:

(a) Budget line items must be allowable, allocable, reasonable in price, and appropriate for the level of effort needed to accomplish the project

(b) Budget details and narrative must provide adequate explanation of, and justification for, each estimated cost

(c) Requested equipment must be justified and necessary for completion of the project

(d) Cost Sharing/Matching funds must not come from Federal funds

If the results of all pre-award reviews and clearances are satisfactory, an award of funding will be made once the agreement is finalized. If the BLM determines that a Federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Federal award

If the results of pre-award reviews and clearances are unsatisfactory, consideration of funding for the project may be withdrawn.

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4. Application Selection Process

a. Applications eligible for merit review will be evaluated by an ad hoc evaluation team assembled to review, rate, rank, and recommend applications for award using the above evaluation criteria. Evaluation teams are made up of two or more qualified personnel familiar with the program and who have been certified to have no conflict of interest with any persons or organizations applying for award.

b. Reviews are treated as confidential documents. Once award decisions are made, applicants may request in writing a written summary of the evaluation of their application/proposal.

F. FEDERAL AWARD ADMINISTRATION INFORMATION

1. Federal Award Notices

a. Any award made from this announcement will be based on the application submitted to, and as approved by, the Department of the Interior, Bureau of Land Management, and will be regulated by OMB's Uniform Guidance, 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

b. Award cannot be finalized until awardee finalizes their enrollment in the Department of the Treasury, Automated Standard Application for Payment (ASAP) System. See following website: http://www.fms.treas.gov/asap. If your organization is not enrolled in ASAP contact the POC on the cover-sheet of this funding opportunity.

c. Acceptance. Acceptance is defined as the start of work, drawing down of funds, or accepting the award via electronic means. Costs may not be incurred before the effective date listed on the award. Acceptance of a Federal Financial Assistance award from the Department of the Interior, Bureau of Land Management, carries with it the responsibility to be aware of, and comply with, the administrative and national policy requirements and terms and conditions of

2. Reporting

Periodic submission of Federal Financial reports (SF-425), Performance/Progress reports, and Youth Employment reports (if applicable) will be required under this financial assistance agreement. Submission of financial and performance/progress reports may be required either quarterly, semi-annually, or annually. Submission of youth employment reports (if applicable) is required quarterly.

3. Administrative and National Policy Requirements

a. Office of Management and Budget Guidance for Grants and Agreements. By accepting additional Federal funding under the current Federal assistance, your http://www.ecfr.gov/cgi-bin/text-idx?SID=f575cf74b2713032873150bdb0dc01d4&node=2:1.1.2.2.1&rgn=div5#se2.1.200_1113 http://www.ecfr.gov/cgi-bin/text-idx?SID=f575cf74b2713032873150bdb0dc01d4&node=2:1.1.2.2.1&rgn=div5#se2.1.200_1113 http://www.ecfr.gov/cgi-bin/text-idx?SID=f575cf74b2713032873150bdb0dc01d4&node=2:1.1.2.2.1&rgn=div5#se2.1.200_1113 http://www.fms.treas.gov/asap

BLM OR Secure Rural Schools and Community Self-Determination Act Page 14 of 33 organization agrees to abide by the applicable OMB Guidance for Grants and Agreement in the expenditure of Federal funds and performance under this program. OMB guidance is available at the following web site:

http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subt itleA.tpl

b. Administrative Requirements.

1) 2 CFR Part 200 Subparts A through D - Uniform Administrative

Requirements and Cost Principles.

2) 2 CFR Part 200 Subpart F - Audit Requirements. Non-Federal entities that expend $750,000.00, or more, in federal awards in a single year shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, available at:

http://www.whitehouse.gov/omb/circulars_default.

3) Indirect Facilities and Administration (F&A) Costs.

(a) 2 CFR Part 200.414 - Indirect (F&A) Costs

(b) 2 CFR, Appendix III to Part 200 - Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs)

(c) Appendix IV to Part 200 - Indirect (F&A) Costs Identification and

Assignment, and Rate Determination for Nonprofit Organizations

(d) Appendix V to Part 200 - State/Local Government-wide Central

Service Cost Allocation Plans

(1) The provisions of 2 CFR 200.414(c) require Federal agencies to accept federally negotiated indirect cost rates. The BLM has applied the following policies, procedures and general decision-making criteria for deviations from negotiated Indirect Cost Rates for financial assistance programs and agreements.

(2) Distribution Basis. For all deviations to the Federal negotiated indirect cost rate, including statutory, regulatory, programmatic, and voluntary, the basis of direct costs against which the indirect cost rate is applied must be:

(i) The same base identified in the recipient’s negotiated indirect cost rate agreement, if the recipient has a federally negotiated indirect cost rate agreement; or http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subtitleA.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subtitleA.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=954b81d94bf127c6de3c76a3c99d8d9f&tpl=/ecfrbrowse/Title02/2subtitleA.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#sp2.1.200.f http://www.whitehouse.gov/omb/circulars_default http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#se2.1.200_1414 http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iii http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iii http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iii http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iv http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.iv http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.v http://www.ecfr.gov/cgi-bin/text-idx?SID=704835d27377ef5213a51c149de40cab&node=2:1.1.2.2.1&rgn=div5#ap2.1.200_1521.v

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(ii) The Modified Total Direct Cost (MTDC) base in cases where the recipient does not have a federally negotiated indirect cost rate agreement or, with prior approval of the Awarding Agency, when the recipient's federally negotiated indirect cost rate agreement base is only a subset of the MTDC (such as salaries and wages) and the use of the MTDC still results in an overall reduction in the total indirect cost recovered. MTDC is the base defined by 2 CFR 200.68, "Modified Total Direct Cost

(MTDC)."

(iii) In cases where the recipient does not have a federally negotiated indirect cost rate agreement, under no circumstances will the Department use a modified rate based upon Total Direct Cost or other base not identified in the federally negotiated indirect cost rate agreement or defined within 2 CFR 200.68. The purpose of this restriction is to ensure that the reduced rate is applied against a base that does not include any potentially distorting items (such as pass-through funds, subcontracts in excess of $25,000, and participant support costs) and is based on the requirements outlined in 2 CFR 200.68; 2 CFR 200.414(f); 2 CFR 200 Appendix III, Section C.2.; 2 CFR 200 Appendix IV, Section B.3.f.; and Appendix VII, Section C.2.c.

(3) Indirect Cost Rate Reductions Used as Cost-Share. Instances where the recipient elects to use a rate lower than the federally negotiated indirect cost rate, and uses the balance of the unrecovered indirect costs to meet a cost-share or matching requirement required by the program and/or statute, are not considered a deviation from 2 CFR 200.414(c) as the federally negotiated indirect cost rate is being applied under the agreement in order to meet the terms and conditions of the

c. Program Legislation and/or Regulations.

4. Standard Award Terms and Conditions

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

1) 2 CFR Part 25, Universal Identifier and System of Award Management

2) 2 CFR Part 170, Reporting Subawards and Executive Compensation http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr25_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl

BLM OR Secure Rural Schools and Community Self-Determination Act Page 16 of 33

3) 2 CFR Part 175, Award Term for Trafficking in Persons

4) 2 CFR Part 180 & 2 CFR Part 1400, Government-wide Debarment and

Suspension (Non-procurement)

4) 2 CFR Part 182 & 2 CFR Part 1401, Requirements for Drug-Free

Workplace (Financial Assistance)

5) 43 CFR 18, New Restrictions on Lobbying: Submission of an application also represents the applicant’s certification of the statements in 43 CFR Part 18, Appendix A, Certification Regarding Lobbying.

6) 41 USC §4712, Pilot Program for Enhancement of Recipient and Sub-recipient Employee Whistleblower Protection: This requirement applies to all awards issued after July 1, 2013 and shall be in effect until January 1, 2017.

7) 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal Government: No member of or delegate to the United States Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public’s general benefit.

8) Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving: Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order.

9) Executive Order 13043 , Increase Seat Belt Use in the United States Recipients of grants/cooperative agreements and/or sub-awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them.

10) Executive Order 13658, Minimum Wage for Contractors, seeks to increase the efficiency and cost savings in the work performed by parties who contract with the Federal Government by increasing the hourly minimum wage paid by those contractors and any subcontractors. (see 79 CFR 9851).

11) Scientific integrity is vital to Department of the Interior (DOI) activities under which scientific research, data, summaries, syntheses, interpretations, presentations, and/or publications are developed and used.

Failure to uphold the highest degree of scientific integrity will result not only in potentially flawed scientific results, interpretations, and applications but will damage DOI's reputation and ability to uphold the public's trust. All work performed must comply with the DOI Scientific Integrity Policy posted to http://www.doi.gov, or its equivalent as http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr175_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=1e0f4f32a5a2f6136b4784be8f96f343&mc=true&node=pt2.1.180&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=74f91e8c85c28667e39572636b821d9a&tpl=/ecfrbrowse/Title02/2chapterXIV.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=c5dcdf6111fd65fdf6b38e2d59a93b6a&mc=true&node=pt2.1.182&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=b7542f5c74f31abe396769b00c9b6701&tpl=/ecfrbrowse/Title02/2chapterXIV.tpl http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title43/43cfr18_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=3c84a6bc95b634bb2fbe00af8b34d364&rgn=div9&view=text&node=43:1.1.1.1.18.6.124.3.9&idno=43 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=3c84a6bc95b634bb2fbe00af8b34d364&rgn=div9&view=text&node=43:1.1.1.1.18.6.124.3.9&idno=43 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=3c84a6bc95b634bb2fbe00af8b34d364&rgn=div9&view=text&node=43:1.1.1.1.18.6.124.3.9&idno=43 http://www.gpo.gov/fdsys/pkg/USCODE-2012-title41/pdf/USCODE-2012-title41-subtitleI-divsnC-chap47-sec4712.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title41/html/USCODE-2011-title41-subtitleII-chap63-sec6306.htm http://www.whitehouse.gov/the_press_office/Executive-Order-Federal-Leadership-on-Reducing-Text-Messaging-while-Driving/ http://www.gpo.gov/fdsys/pkg/WCPD-1997-04-21/pdf/WCPD-1997-04-21-Pg530.pdf https://www.federalregister.gov/executive-order/13658 https://www.federalregister.gov/executive-order/13658 http://www.doi.gov/

BLM OR Secure Rural Schools and Community Self-Determination Act Page 17 of 33 provided by their organization or State law. For more information go to URL: https://www.doi.gov/scientificintegrity.

12) Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements

Section 743 of Division E, Title VII of the Consolidated and Further Continuing Resolution Appropriations Act of 2015 (Pub. L. 113-235) prohibits the use of funds appropriated or otherwise made available under that or any other Act for grants or cooperative agreements to an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.

Recipients must not require their employees or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.

Recipients must notify their employees or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect

b. Payment Mechanism. Payment will be made by draw-down reimbursement through the Department of the Treasury, Automated Standard Application for Payment (ASAP) System. See following website:

http://www.fms.treas.gov/asap Treasury Circular 1075 (31 CFR 205) requires that draw-downs to a recipient organization shall be limited to the minimum amounts needed and shall be timed to be in accordance with the actual, immediate cash requirements of the recipient organization in carrying out the purposes of the approved program or project. The timing and amount of cash advances shall be as close as is administratively feasible to the actual disbursements by the recipient organization for direct program or project costs and the proportionate share of any allowable indirect costs

c. Conflicts of Interest. Applicants must notify the BLM in writing of any actual or potential conflict of interest that are known at the time of application or that may arise during the life of this awards, in the event an award is made.

Conflicts of interest include any relationship or matter which might place the recipient, the recipient’s employees, or the recipient’s subrecipients in a position of conflict, real or apparent, between their responsibilities under the award an any other outside interest. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment https://www.doi.gov/scientificintegrity http://www.fms.treas.gov/asap

BLM OR Secure Rural Schools and Community Self-Determination Act Page 18 of 33 arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the recipient and/or recipient's employees and sub-recipients in the matter. Applicants must notify the BLM in writing in their application if any key project personnel, including subrecipient and contractor personnel, are known to be related to, married to, or have a close personal relationship with any Federal employee in or associated with the program to which you are applying for funding or who otherwise may be involved in the review and selection of the applicant. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award.

5. Special Award Terms and Conditions:

a. Liability, Insurance, and Indemnification. Recipients of awards arising from this announcement will be required to agree to the following:

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

USC 2671.

2) Insurance. The recipient may be required to (1) obtain liability insurance or (2) demonstrate present financial resources in an amount determined sufficient by the Government to cover claims brought by third parties for death, bodily injury, property damage, or other loss resulting from one or more identified activities carried out in connection with this financial assistance agreement.

3) Insured. The federal government shall be named as an additional insured under the recipient's insurance policy.

4) Indemnification. The recipient hereby agrees:

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

(b) To purchase public and employee liability insurance at its own expense from a responsible company or companies with a minimum limitation of one million dollars ($1,000,000.00) per person for any

BLM OR Secure Rural Schools and Community Self-Determination Act Page 19 of 33 one claim, and an aggregate limitation of three million dollars ($3,000,000.00) for any number of claims arising from any one incident. The policies shall name the United States as an additional insured, shall specify that the insured shall have no right of subrogation against the United States for payments of any premiums or deductibles due thereunder, and shall specify that the insurance shall be assumed by, be for the account of, and be at the insured's sole risk. Prior to beginning the activities authorized herein, the recipient shall provide the BLM with confirmation of such insurance coverage. Each policy shall have a certificate evidencing the insurance coverage and identifying the assistance agreement number.

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

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

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

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

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

(f) Identified Activities. All activities carried out in connection with financial assistance arising from this funding opportunity announcement.

BLM OR Secure Rural Schools and Community Self-Determination Act Page 20 of 33

b. Recipients must successfully complete an appropriate Defensive Driving Course before operating a Government-owned vehicle (GOV).

c. Recipients must successfully complete appropriate safety and training requirements before operating Government-owned equipment, 4-wheel all-terrain vehicles (ATV) or other Government-furnished property (GFP).

d. Recipient/Sub-recipient Personnel Security and Suitability Requirements.

1) If performance of this grant/cooperative agreement requires recipient/sub-recipient personnel to have a Federal government-issued personal identification card before being allowed unsupervised access to a DOI facility and/or information system, the Program Officer will be the sponsoring official, and will make the arrangements for personal identity verification and card issuance.

2) At least two weeks before start of grant/cooperative agreement performance, the recipient will identify all recipient and sub-recipient personnel who will require physical and/or logical access for performance of work under this grant/cooperative agreement. The recipient and sub-recipient must make their personnel available at the place and time specified by the Program Officer in order to initiate screening and background investigations. The following forms, or their equivalent, may be used to initiate the credentialing process:

(a) OPM Standard Form 85 or 85P

(b) OF 306

(c) Fingerprint card (local procedures may require the fingerprinting to be done at a police station; in this case, any charges are to be borne by the recipient or sub-recipient, as applicable)

(d) Release to Obtain Credit Information

(e) PIV card application (web-based)

3) Recipient and sub-recipient employees are required to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the recipient or sub-recipient personnel being screened or investigated in person, by telephone or in writing, and the recipient agrees to make them available for such contact.

4) Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further

BLM OR Secure Rural Schools and Community Self-Determination Act Page 21 of 33 clearance may not be necessary. Provide the sponsoring office with documentation that supports the individual’s status.

5) During performance of the grant/cooperative agreement, the recipient will keep the Program Officer apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes.

Cards that have been lost, damaged, or stolen must be reported to the Program Officer, Grants Management Officer, and Issuing Office within 24 hours. Replacement will be at the recipient’s expense. If reissuance of expired credentials is needed, it will be coordinated through the Program Officer.

6)…