oppW911KB-18-2-0001A-cfda12.632-cidW911KB-18-2-0001A-instructions.pdf

THE UNITED STATES ARMY CORPS OF ENGINEERS (USACE)

ALASKA DISTRICT

USACE COOPERATIVE AGREEMENT ANNOUNCEMENT

Announcement Number: POA-M.A. 18-01-02-03-04-05 CFDA Number:

ANNOUNCEMENT TYPE:

Initial

ISSUED: June 2018

KEY DATES

Proposals are due 2pm Alaska Standard Time July 16, 2018.

Additional Agreement Orders expected to be solicited under the Cooperative Agreements awarded under this announcement beginning upon award.

Table of Contents

A. Program Description

1. Program Objectives

2. Authorities

B. Federal Award Information

C. Eligibility Information

1. Possible Ineligibility of Proposals that Include Participation of China or Chinese-owned Companies

D. Application and Submission Information

1. Submission Information, Dates, and Times

2. Proposal Package Components

3. Data Universal Numbering System and System for Awards Management

4. Intergovernmental Review, if applicable

5. Funding Restrictions

E. Application Review Information

1. Criteria Factors

2. Review and Selection Process

3. Risk Review

4. Anticipated Announcement and Federal Award Dates

F. Federal Award Administration Information

1. Federal Award Notices

2. Additional Terms and Conditions

i. Nondiscrimination

ii. Live Organisms

iii. Debarment and Suspension

iv. Environmental Standards

v. Drug-Free Workplace

vi. Officials Not to Benefit

vii. Campus access for military recruiting and Reserve Officer Training Corps (ROTC)

3. Additional Administrative Requirements

i. 32 CFR 32.5 Subawards

ii. 2 CFR 200.305 Payments

iii. 2 CFR 200.403 Allowable costs

iv. 2 CFR 308 Revision of budget and program plans

v. Purpose of property standards

vi. 2 CFR 200.447 Insurance coverage

vii. 2 CFR 200.311 Real property

viii. 2 CFR 200.312 Federally-owned and exempt property

ix. 2 CFR 200.313 Equipment

x. 2 CFR 200.314 (A-110) Supplies

xi. 2 CFR 200.315 Intangible property

xii. 2 CFR 200.316 Property trust relationship

xiii. Purpose of procurement standards

xiv. 2 CFR 200.319 Competition

xv. 2 CFR 200.320 Procurement procedures

xvi. 2 CFR 200.323 Contract cost and price

xvii. 32 CFR 32.46 Procurement records………………………………………………………..35

xviii. 32 CFR 32.47 Contract administration

xix. 2 CFR 200.326 Contract provisions

xx. 32 CFR 32.49 Resource Conservation and Recovery Act

xxi. 32 CFR 32.50 Purpose of reports and records

xxii. 2 CFR 200.328 Monitoring and reporting program performance

xxiii. 2 CFR 200.327 Financial reporting

xxiv. 2 CFR 200.333 Retention requirements for records

xxv. 2 CFR 200.334 Requests for Transfer of Records

xxvi. 2 CFR 200.335 Methods for Collection, Transmission and Storage of Information

xxvii. 2 CFR 200.336 Access to records xxviii. 2 CFR 200.339 Termination

xxix. 2 CFR 200.338 Remedies for noncompliance

xxx. 2 CFR 200.341 Opportunities to object, hearings and appeals

xxxi. 2 CFR 200.343 Closeout

xxxii. 2 CFR 200.344 Post-closeout adjustments and continuing responsibilities xxxiii. 2 CFR 200.345 Collection of amounts due

4. Reporting

i. Quarterly and Annual Reporting Requirements

ii. OMB Guidance, Grants and Agreements, Guidelines to Agencies on Government-wide Debarment and Suspension 2 CFR 180 Subpart C .335-.350

G. Federal Awarding Agency Contact(s)

H. Other Information

1. Access to Military Facilities/Installations and Security Clearance

2. 32 CFR 151 Status of Forces Agreements (SOFA) Information

i. For Japan: SOFA Article I(b) Status:

ii. For Republic of Korea (ROK): SOFA Article I(b) Status:

3. Project Information Sensitivity

4. Limited Release of Proposers Confidential Business Information

I. Place of Performance

J. Cooperative Agreement Not to Exceed Amount

Appendix A: Scope of Work RFP .............................................................................................................. A‐1

Appendix B: Proposal Package Components ............................................................................................... B‐2

UNITED STATES ARMY CORPS OF ENGINEERS

Alaska District

A. Program Description

U.S. Army Corps of Engineers (USACE) districts strive to achieve sustainability while providing a full range of Environmental Quality (Compliance, Conservation and Pollution Prevention) support to Federal and Military installations throughout the world; seeking ways and means to assess and integrate natural resource laws, values, and sound environmental practices.

USACE Cooperative Agreements provide support in National Environmental Policy Act (NEPA) documentation, Base Realignment and Closure Act (BRAC) environmental initiatives, Resource Management plans, Low Impact Development, Invasive Species Management, and in all military conservation, compliance, and pollution prevention efforts. This announcement seeks offerors with the ability to collect, analyze, and apply environmental and cultural resource data and implement land rehabilitation and maintenance for optimal management of public lands under control of the Department of Defense (DOD).

All USACE Cooperative Agreement projects are subject to availability of funds. The USACE will solicit proposals for projects that have a reasonable expectation of funding but there will be times that proposals are requested and funding does not become available. Some projects will be part of an existing program, or could be a new program or a new or changed area of program emphasis.

The program encourages collaborative efforts and includes substantive involvement of the military points of contact. Below is a selection of projects that have been funded previously:

Wetland Surveys and Monitoring Environmental Compliance Support Recycling Program Support Invasive Species Studies & Management Cultural Resource Surveys & Outreach Acoustic Surveys Fish and Mammal Habitat Surveys Environmental IT Support Environmental GIS Support Bird Surveys & Habitat Management Natural Resource Studies & Support Gravel Pit Reclamation Planning Trail Repair and Maintenance Soil Stabilization, Erosion, & Floodplain Surveys Wildfire Fuel Reduction Training Area Revegetation & Rehabilitation

1. Program Objectives

The primary objectives of these cooperative agreements are to provide DOD with data collection, analysis and application support to assist in optimal management of training lands, to minimize restrictions to the military mission due to natural and cultural resource related constraints, to protect and enhance biological diversity and ecological health on all DOD lands, and to ensure compliance with all environmental laws and regulations. The primary areas of research and support to be addressed under these agreements are:

a. Natural Resource Data Collection: To collect natural and cultural resource data necessary for the sound management of military lands. The land must be maintained in a condition to provide for optimal military training experiences and to protect cultural resource sites, soil, water, vegetation, and wildlife resources in a healthy and diverse state.

b. Information Management: To assemble, edit, summarize, analyze, interpret, and apply environmental data to the management of natural and cultural resources on military installations. This is accomplished most efficiently with state-of-the-art computer analyses and on-site technical expertise.

c. Sustainable Range Program/Integrated Training Area Management: To implement, administer, and further develop the Integrated Training Area Management (ITAM) program in order to optimize military training opportunities with concomitant protection of the many natural and cultural resources on military installations.

d. Cultural Resource Data Collection and Management: To maintain a knowledge and appreciation of our collective cultural heritage by developing and implementing methods for conserving the prehistoric and historic cultural resources on public lands and military installations.

e. Planning and Decision Support: To contribute to making the most sound, balanced decisions possible regarding land use and resource management on public lands and military installations by the provision of the best research, data, and analytical tools available.

f. Training: To train natural and cultural resource managers and those that interact with them on public lands and military installations, in the latest and most appropriate technologies to address resource management issues.

g. Environmental Education: To educate military personnel on the potential environmental impacts of their training exercises, suggest ways to prevent or mitigate the impacts, and increase their awareness of the natural and cultural resources on the installation and the need to protect them for future use.

h. Pollution Prevention: To identify potential pollutants of air, water, and soil, prevent their introduction into ecosystems, and mitigate their damage if introduction has already occurred.

i. Environmental Compliance and Restoration: To repair damaged areas and implement training area improvement projects to promote better land utilization while protecting training resources.

2. Authorities

The DOD manages over 52 million acres of public land. As in the case with all government agencies, the DOD must manage its lands in accordance with all resource laws, such as the Sikes Act, National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), Endangered Species Act (ESA), Clean Water Act, Clean Air Act, etc. Compliance with these laws requires accurate, current data on the status of environmental and cultural resources on military installations and application of the data in management decisions.

Collecting, analyzing and applying these data also support the objectives of the Legacy Resource Management Program.

Cooperative Agreements are entered into with USACE under the following authorities:

2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards, which includes Office of Management and Budget

(OMB) Guidance and Cost Principles (formerly OMB Circular A-110) Delegation of Authority to USACE under Title 10 U.S.C. 2684a by memorandum dated 17

July 2017 for Agreements to limit encroachments and other constraints on military training, testing, and operations;

Delegation of Authority to USACE under Title 10 U.S.C. 2358 and Title 10 U.S.C. 2371 by memorandum dated 17 July 2017 for Research and development projects and Research projects: transactions other than contracts and grants, respectively;

Delegation of Authority to USACE under Title 10 U.S.C. 2371b to Carry out Certain Prototype Projects

Title 10 U.S.C. 2701d Environmental Restoration Program;

Title 32 – National Defense, Chapter 1 - Office of the Secretary of Defense, o Part 21 - DOD Grants and Agreements (32CFR21.100-680);

o Part 22 - DOD Grants and Agreements - Award and Administrations (32CFR22.100-

825);

o Part 32 - DOD Administrative Requirements for Grants and Agreements with

Institutions of Higher Education Hospitals, and Other Non-Profit Organizations

(32CFR32.1-73);

Pub. L. 103-139, Title 11, November 11, 1993 107 Stat. 1425 DOD may negotiate and enter into cooperative agreements and grants with public and private agencies, organizations, institutions, individuals, or other entities to implement the purposes of the Legacy Resource Management Program.

The National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104-201, 110 Stat.

2422, Section 2862 (1996) authorizes cooperative agreements between military departments and a state, local government or other entity for the preservation, maintenance, and improvement of cultural resources on military installations and for the conduct of research regarding cultural resources

B. Federal Award Information

Cooperative Agreement Master Agreements with the USACE Alaska District are valid for five years. Multiple Cooperative Agreements are expected to be awarded under this announcement.

Agreement Orders will be awarded under overarching awarded Cooperative Agreement Master Agreements on a project by project basis. The award of a Cooperative Agreement under this announcement does not guarantee award of an Agreement Order. Scopes of work are attached as Appendix A to propose upon. Included are environmental and cultural resources requirements.

Assuming the current environmental, natural, and cultural resource programs continue, the USACE Alaska District anticipates $7 - $14 million in funding yearly, and around 50 individual Agreement orders awarded yearly. The dollar range of individual Federal awards is generally from $15,000 to $1,000,000. The average amount of funding per Federal award experienced in 2017 was approximately $270,000.

Most awards have a period of performance of one or two years, but some may be up to five years. Some awards will have a one year period of performance with options of future years if future funding becomes available.

Applications for renewal or supplementation of existing Cooperative Agreements are eligible to compete with applications for this new Cooperative Agreement.

The USACE and its military “sponsors” will have substantial involvement in each project, the distinguishing factor between a grant and a cooperative agreement. Federal employees will participate in the projects that are awarded under a Cooperative Agreement, and may collaborate on project deliverables. For example, the award recipient may work closely with Federal employees to conduct studies, advise on or improve procedures and methodologies, manage data on Federal servers, or report on findings at meetings, however there will be no supervision from Federal employees over Cooperators as these are not personal services.

C. Eligibility Information

In accordance with 2 CFR 200.319, USACE encourages competition in the award of grants and cooperative agreements to identify and fund the programs that best achieve DOD objectives.

The Grants Officer (GO) guarantees the integrity of the competitive process by ensuring overall fairness and consideration of all eligible applications. The GO also has the ultimate authority to make award decisions for grants and cooperative agreements on behalf of USACE. 2 CFR

200.203 requires that the Agency publish an announcement seeking applications from all eligible and qualified entities.

All potential applicants are eligible. The following describes in detail the entities that USACE may enter into cooperative agreements with: Pub. L. 103-139, Title 11, November 11, 1993 107 Stat. 1425 provided in part that: "Notwithstanding the provisions of the Federal Cooperative Grant and Agreements Act of 1977 (31 USC 6303-6308), the DOD may hereafter negotiate and enter into cooperative agreements and grants with public and private agencies, organizations, institutions, individuals, or other entities to implement the purposes of the Legacy Resource Management Program." The National Defense Authorization Act for Fiscal Year 1997, Pub. L.

104-201, 110 Stat. 2422, Section 2862 (1996), authorizes cooperative agreements between military departments and a "State, local government or other entity for the preservation, maintenance, and improvement of cultural resources on military installations and for the conduct of research regarding cultural resources." Allowable cost incurred by institutions of higher education is determined in accordance with the provision of 2 CFR 200, "Cost Principles for Educational Institutions." In addition, the DOD Legacy Resources Management Program (LRMP) was instituted by Congress in 1991 to promote stewardship of natural and cultural resources. Legacy projects demonstrate innovative techniques for the management, conservation, and preservation of resources. Legacy benefits include creative partnerships with worthwhile causes; rewarding personal experiences; and positive public relations for participating installations and the Army and DOD as a whole.

Applicants must be able to conduct and provide a yearly “Single Audit” or 2 CFR 200.501(b) audit if they expend $750,000 or more in Federal funds, grants, or awards for its operations in one year.

There is typically no cost sharing or cost matching required, however this is always subject to change.

1. Possible Ineligibility of Proposals that Include Participation of China or Chinese-owned Companies

Proposals involving bilateral participation, collaboration, or coordination in any way with China or any Chinese-owned company, whether funded or performed under a no-exchange-of-funds arrangement, may be ineligible for award.

D. Application and Submission Information

It is USACE policy to encourage open competition to include all eligible parties. Therefore, though it is USACE preference that all applications be submitted electronically, the following outlines the process for submitting electronic or non-electronic applications. While applicants may choose whether to submit applications in hard copy or electronically, applicants may only submit in hard copy OR electronically, not both. Proposals will not be accepted via fax. All proposals must include the information as described below in section D.2 “Proposal Package Components” regardless of mode of transmission.

1. Submission Information, Dates, and Times

Applicants can apply for this RFP on www.grants.gov. Applicants must register a grants.gov account in order to access the workspace and fill out application webforms. A relatively current internet browser is required. In the event of system problems or technical difficulties please visit the grants.gov online user guide:

https://www.grants.gov/help/html/help/GetStarted/Get_Started.htm

Alternatively, applicants may submit hard copy applications to Grants Officer Olen Northern listed in Section G of this announcement. Applicants with additional accessibility requirements may request paper copies of materials, Telephone Device for the Deaf (TDD) phone number, Text Telephone (TTY) number, and/or Federal Information Relay Service (FIRS) number.

All submissions are due by 5pm Alaska Standard Time June 15, 2018. This means timely online receipt of package or submissions by that time or postmarked by that date. This means generally accepted proof of mailing or system-generated documentation of receipt date and time. Late applications will not be reviewed nor considered unless an exceptional circumstance is presented. Applicants will receive an acknowledgement of receipt within two business days.

Future RFPs will generally aim for a 30 calendar day response period, although actual timing will be clarified at the time of RFP issuance.

2. Proposal Package Components

Applicants must submit a SF-424 and proposal package that sufficiently demonstrates an ability to meet the scope of work requirements for each Agreement Order Request for Proposal (RFP).

Specific content and components required in the application generally include:

• Title, including project name and reference number, location(s)

• Cooperator Name

• Date of submission

• Principal Investigator and/or grants programs contact

• DUNS Code, CAGE Code, Employer Identification Number (EIN)

• Executive Summary; may not exceed 10 pages

• Relevant Experience

• Technical Approach

• Cost Proposal

• Applications are limited to 50 pages total, must be in English, 10-12 point font, easily readable typeface, at least 1” margins, 8.5” by 11” paper size, 2 copies if submitted hard copy (includes any pieces that may be submitted separately by third parties e.g., references or letters confirming commitments from third parties that contribute to the expertise of the Applicant).

• Application documents must have Optical Character Recognition if submitted in .pdf

• Application file names must follow the following nomenclature:

YYMMDD_entity abbreviation_project location/description_FOA number (if applicable).pdf Example: 180417_USACE_JBERCultural Res_012345678.pdf

Example proposal and associated forms required are included in Appendix B: Proposal Package Components.

Scopes of work provided for crafting proposals for this announcement are included in Appendix B: . If an applicant does not wish to propose on the included scopes of work in Appendix A, they may simply provide a list of the items above, omitting specific technical approach and including general hourly rates for doing work that may be issued as a RFP in the future. For example, trail repair and soil stabilization is not included as a scope so if that is an entity’s expertise, they can still propose on this announcement for a Cooperative Agreement with the

USACE.

3. Data Universal Numbering System and System for Awards Management

(DUNS) Number (https://iupdate.dnb.com/iUpdate/viewiUpdateHome.htm) and System for Award Management (SAM) (https://www.sam.gov)

Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted 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:

• Be registered in SAM before submitting its application;

• Provide a valid DUNS number in its application; and

• 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 a Federal awarding agency.

• Immediately notify the Grants Officer if you are placed on the excluded list on

SAM.

The USACE 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 the Federal awarding agency is ready to make a Federal award, the Federal awarding agency will make a determination that the applicant is non responsive and therefore not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant if the entity in question would have been the selectee.

4. Intergovernmental Review, if applicable

This funding opportunity is subject to Executive Order 12372, “Intergovernmental Review of Federal Programs,” Applicants must contact their state's Single Point of Contact (SPOC) to find out about and comply with the state's process under Executive Order 12372. Addresses of the

SPOCs are listed in the Office of Management and Budget's Web site.

https://www.whitehouse.gov/omb/grants_spoc.

5. Funding Restrictions

• All costs must be allowable, allocable & reasonable and tied to the project agreement order. Travel costs associated with project agreement orders need to be clearly outlined in the proposal for the

• This award will not allow reimbursement of pre-Federal award costs.

• All proposed funds must be allowable, allocable and reasonable. Funds may only be used for the project. All activities charged under indirect cost must be allowed under 2 CFR 200 cost principles.

• Grants and Cooperative Agreements shall not provide for the payment of fee or profit to the recipient.

• Unless otherwise directed in 2 CFR 200, for changes to the negotiated indirect cost rate that occur throughout the project period, you must apply the rate negotiated for that year, whether higher or lower than at the time the budget and application was awarded.

If your entity has a new federally negotiated rate you must provide those rates with your agreement order proposal. Additionally you will need to provide us a copy of it with their proposal and an updated copy every time it is renegotiated during the life of this Master Agreement.

• Proposals must not demonstrate partnership in any way or kind with countries that are on the terrorist nation watch list at the time of proposal for the base C/A or any subsequent Agreement order at the time the Agreement order is in administrative motion.

• Proposals must not include bilateral participation, collaboration, or coordination with China or any Chinese-owned company or entity, whether funded or performed under a no-exchange-of-funds arrangement.

• Funding opportunities that will result in Fellowships or Scholarships shall not provide for the payment of Facilities and Administration (F&A), overhead or indirect costs.

E. Application Review Information

In this Master Agreement, no socioeconomic preference will be given. However in Agreement Orders In Accordance with 2 CFR 200.321 each recipient must take all necessary affirmative steps to that minority businesses, Women’s Business Enterprises and labor surplus firms are used when possible.

This announcement is for issuing Cooperative Agreement Master Agreements to recipients who may participate in future competitive Requests for Proposal for individual Agreement Orders.

Agreement Orders will be awarded on a best value, Lowest priced technically acceptable, or trade off. Each Agreement Order will delineate the determined basis of award. Federal and State entities have a statutorily protected first right of refusal for projects and will be given the opportunity to propose on the requirement prior to execution of an Agreement Order under this Master Agreement.

Federal and State entities are also encouraged to apply to this Master Agreement opportunity in order to work with the USACE Alaska District on future projects. If a request for proposal is issued under this Master Agreement, the applicable Federal and State agencies have had an opportunity to review the requirement and have refused the work.

The Government will utilize two seed project RFPs (included as Appendix A) to evaluate the capability and experience as a basis for comparing offerors to determine best value and determine suitability for future Agreement Orders. If an applicant does not wish to propose on the included scopes of work in Appendix A, they may simply provide a general list of proposal requirements, omitting specific technical approach and including general hourly rates for doing work that may be issued as a RFP in the future. For example, trail repair and soil stabilization is not included as a scope so if that is an entity’s expertise, they can still propose on this announcement for a Cooperative Agreement with the USACE.

Each evaluation factor will be rated according to the adjectival rating scheme below.

Outstanding (4) Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good (3) Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Adequate (2) Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offset or will have little or no impact on performance. Risk is moderate.

Marginal (1) Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable (0) Proposal does not meet requirements and contains one or more deficiencies.

Proposal is un-awardable.

1. Criteria Factors

i. FACTOR #1: Experience, 45% weight

The proposal shall provide examples of up to four (4) past projects of similar size, scope and complexity that best demonstrate the above qualifications. Example projects should have a wide range of scope differences to demonstrate ability to adapt and execute on a wide variety of Agreement Order Scopes of Work. Experience should also provide insight into the technical method / approach utilized to complete the requirement. Sample projects should not be more than seven (7) years old, at least 25% complete, and should be within the $20K to $800K price range. The example project summaries shall be limited to one (1) page each. The example project summaries shall identify:

Name of Project Location of Project Brief description of the project Roles and work self-performed Dates project began and was completed Complexities of the project Key personnel who participated in the project Provide the Clients contact information Demonstrate the level of cooperation and substantial government involvement

ii. FACTOR #2: Technical Approach, 35% weight Proposals shall provide a brief narrative of general technical approach and milestone schedule. The narrative shall be no more than 2 pages per main task and must include:

• A discussion of the technical approach to accomplish the performance work statement requirements, detailing number of hours anticipated to complete the project deliverables.

• A discussion of the quality assurance, quality control, and other technical activities that will be implemented to ensure that quality data are collected to support project data quality objectives

• A discussion of applicable regulatory requirements and how project requirements will be implemented.

• A discussion of all assumptions.

The Cooperator shall also provide an organizational chart with the proposed project team with defined roles, responsibilities, and lines of communication for all key personnel and subcontractors.

The evaluation standard has been met when the contractor demonstrates an understanding of the work that adequately addresses requirements. The inclusion of numerous assumptions that significantly “assume away” contractor risk with regard to major issues or problems that may be encountered on the project will be considered unacceptable.

iii. FACTOR #3: Price, 25% weight: Price may be less important than all other factors combined. Each agreement order will state the importance of each factor.

Applicants will include a chart listing negotiated overhead, fully burdened staff categories and associated hourly rates, or direct rates and benefits percentage in a clear manner to determine rates anticipated to be used when bidding on Agreement Orders. If rates are published the location of where to locate those also need to be provided.

Predetermined overhead or “indirect” rates for USACE Alaska District Cooperative Agreement Master Agreements will be the following (to be specified per RFP):

a. 18% for projects where the Government provides the Cooperator designated office space, desk, computer, internet service, or other work-essential equipment with an expectation of work to be conducted frequently at that location.

b. 26% for projects where the Government does not provide or expect the

Cooperator to utilize designated office space, desk, computer, internet service more than infrequently.

2. Review and Selection Process

Restrictions in operational geographical area, program balance, and diversity may be a factor in awarding a Cooperative Agreement other than merit criteria, and the selecting official may use discretion in selecting applications for Federal award.

At least two individuals will be appointed to serve on each Selection Committee (SC) to review applications. The SC will review the applications using the review criteria stated in this Announcement. The SC shall keep selection information and applicant proprietary data confidential.

Committee members must possess the requisite technical knowledge or expertise to review the programmatic merits of the applications. USACE may make exceptions with the approval of the Grants Officer.

When necessary, other Federal agencies and non-governmental reviewers may participate on the SC. USACE staff must comprise a majority of the members on the SC. The Grant Officer will take steps to ensure that members of the SC do not have conflicts of interest with the organizations whose applications are being reviewed and confidentiality agreements are in place. The team must make all efforts to identify potential conflicts early in the review and selection process. Because resolution of conflicts of interest is fact-driven and case specific, the Team must coordinate with the Grant Officer and the cognizant General Counsel or Resident Legal Officer on the issues.

USACE Grant Officer will conduct a pre-award review of risk associated with the proposer as required by 2 CFR 200.205. For all proposals selected for award, the Grant Officer will review the submitting organization’s information available through the Federal Awardee Performance and Integrity Information System (FAPIIS) and the System for Award Management (SAM) to include checks on entity core data, registration expiration date, active exclusions, and delinquent federal debt.

3. Risk Review

For any Federal award under a notice of funding opportunity, if the Federal awarding agency anticipates that the total Federal share will be greater than the simplified acquisition threshold on any Federal award under a notice of funding opportunity may include, over the period of performance (see §200.88 Simplified Acquisition Threshold).

i. The Federal awarding agency, prior to making a Federal award with a total amount of Federal share greater than the simplified acquisition threshold, is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS) (see 41 U.S.C. 2313);

ii. An applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that a Federal awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM;

iii. The Federal awarding agency will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in §200.205 Federal awarding agency review of risk posed by applicants.

4. Anticipated Announcement and Federal Award Dates

The awarding agency intends to award between three (3) and five (5) Master Agreements from this Funding Opportunity Announcement. USACE intends to solicit for and award Agreement Orders from this Master Agreement for one to five years in the future. Each individual Master Agreement will have a maximum dollar threshold of $10M capacity for Agreement Orders. If a recipient reaches $10M no further awards can be made to that recipient under this Master Agreement. No funds are obligated from this Master Agreement, only by Agreement Orders.

There is no guarantee of any award to any entity. All future Agreement Orders are and will be subject to the availability of funds.

F. Federal Award Administration Information

1. Federal Award Notices

If an entity provides a successful proposal and is selected for a Master Agreement award, they will be provided with Agreement Order Requests for Proposal (RFP) that are more narrowly tailored to a specific project outcome as mission allows. When an Agreement Order Request for Proposal is received by the recipient, a response will be required. If the entity is not interested in the requirement they can opt out of the proposal process by sending an e-mail to the Grants Officer. When entities decline to propose on an RFP, an explanation can help USACE tailor future requirement requests better suited for your entity.

The notice of Federal award signed by the grants officer is the authorizing document, and it will be provided by electronic means to the senior signatory authority.

2. Additional Terms and Conditions

i. Nondiscrimination

By signing this agreement or accepting funds under this agreement, the recipient assures that it will comply with applicable provisions of the following, national policies prohibiting discrimination. In addition the recipient assures that it will flow down these requirements to sub-recipients:

a. On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), as implemented by DOD regulations at 32 CFR part 195.

b. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et seq.), as implemented by DOD regulations at 32 CFR part 196.

c. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90.

d. On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

794), as implemented by Department of Justice regulations at 28 CFR part 41 and DOD regulations at 32 CFR part 56.

ii. Live Organisms will comply with applicable provisions of the following national policies concerning live organisms:

a. For animals:

1. Rules on animal acquisition, transport, care, handling, and use in 9 CFR parts 1-4, Department of Agriculture rules implementing the Laboratory Animal Welfare Act of 1966 (7 U.S.C. 2131- 2156) , and guidelines in the National Academy of Sciences (NAS) “Guide for the Care and Use of Laboratory Animals” (1996), including the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals in Appendix D to the guide.

2. Rules of the Departments of Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217-227) implementing laws and conventions on the taking, possession, transport, purchase, sale, export, or import of wildlife and plants, including the: Endangered Species Act of 1973 (16 U.S.C. 1531-1543); Marine Mammal Protection Act (16 U.S.C. 1361-1384); Lacey Act (18 U.S.C. 42); and Convention on International Trade in Endangered Species of Wild Fauna and Flora.

iii. Debarment and Suspension

The recipient agrees to comply with the requirements regarding debarment and suspension in Subpart C of the OMB guidance in 2 CFR part 180, as implemented by the Department of Defense in 2 CFR part 1125. The recipient also agrees to communicate the requirement to comply with Subpart C to persons at the next lower tier with whom the recipient enters into transactions that are “covered transactions” under Subpart B of 2 CFR part 180 and the DOD implementation in 2 CFR part 1125.

iv. Environmental Standards will:

a. Comply with applicable provisions of the Clean Air Act (42 U.S.C. 7401, et. seq.) and Clean Water Act (33 U.S.C. 1251, et. seq.), as implemented by Executive Order 11738 [3 CFR, 1971- 1975 Comp., p. 799] and Environmental Protection Agency (EPA) rules at Subpart J of 40 CFR part 32

b. Identify to the awarding agency any impact this award may have on:

(1) The quality of the human environment, and provide help the agency may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et. seq.) and to prepare Environmental Impact Statements or other required environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process.

(2) Coastal zones, and provide help the agency may need to comply with the Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et. Seq.), concerning protection of U.S. coastal resources.

(3) Any existing or proposed component of the National Wild and Scenic Rivers system, and provide help the agency may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271, et seq.).

v. Drug-Free Workplace

The recipient agrees to comply with the requirements regarding drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 32 CFR part 26, which implements sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).

vi. Officials Not to Benefit

No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22.

vii. Campus access for military recruiting and Reserve Officer Training Corps (ROTC).

As a condition for receipt of funds available to the Department of Defense (DOD) under this award, the recipient agrees that it is not an institution of higher education (as defined in 32 CFR part 216) that has a policy or practice that either prohibits, or in effect prevents:

a. The Secretary of a Military Department from maintaining, establishing, or operating a unit of the Senior Reserve Officers Training Corps (in accordance with 10 U.S.C. 654 and other applicable Federal laws) at that institution (or any subelement of that institution);

b. Any student at that institution (or any subelement of that institution) from enrolling in a unit of the Senior ROTC at another institution of higher education;

c. The Secretary of a Military Department or Secretary of Homeland Security from gaining access to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer; or

d. Access by military recruiters for purposes of military recruiting to the names of students (who are 17 years of age or older and enrolled at that institution or any subelement of that institution); their addresses, telephone listings, dates and places of birth, levels of education, academic majors, and degrees received; and the most recent educational institutions in which they were enrolled.

If the recipient is determined, using the procedures in 32 CFR part 216, to be such an institution of higher education during the period of performance of this agreement, the Government will cease all payments of DOD funds under this agreement and all other DOD grants and cooperative agreements to the recipient, and it may suspend or terminate such grants and agreements unilaterally for material failure to comply with the terms and conditions of award.”

3. Additional Administrative Requirements

i. 2 CFR 200.330 Subawards

Unless sections of this part specifically exclude subrecipients from coverage, the provisions of this part shall be applied to subrecipients performing work under awards if such subrecipients are institutions of higher education, hospitals or other non-profit organizations.

ii. 2 CFR 200.305 Payments

(a) For states, payments are governed by Treasury-State CMIA agreements and default procedures codified at 31 CFR Part 205 “Rules and Procedures for Efficient Federal-State Funds Transfers” and TFM 4A-2000 Overall Disbursing Rules for All Federal Agencies.

(b) For non-Federal entities other than states, payments methods must minimize the time elapsing between the transfer of funds from the United States Treasury or the pass-through entity and the disbursement by the non-Federal entity whether the payment is made by electronic funds transfer, or issuance or redemption of checks, warrants, or payment by other means. See also § 200.302 Financial management paragraph (f). Except as noted elsewhere in this part, Federal agencies must require recipients to use only OMB-approved standard government-wide information collection requests to request payment.

(1) The non-Federal entity must be paid in advance, provided it maintains or demonstrates the willingness to maintain both written procedures that minimize the time elapsing between the transfer of funds and disbursement by the non-Federal entity, and financial management systems that meet the standards for fund control and accountability as established in this part. Advance payments to a non-Federal entity must be limited to the minimum amounts needed and be timed to be in accordance with the actual, immediate cash requirements of the non-Federal entity in carrying out the purpose of the approved program or project. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the non-Federal entity for direct program or project costs and the proportionate share of any allowable indirect costs. The non-Federal entity must make timely payment to contractors in accordance with the contract provisions.

(2) Whenever possible, advance payments must be consolidated to cover anticipated cash needs for all Federal awards made by the Federal awarding agency to the recipient.

(i) Advance payment mechanisms include, but are not limited to, Treasury check and electronic funds transfer and should comply with applicable guidance in 31 CFR part 208.

(ii) Non-Federal entities must be authorized to submit requests for advance payments and reimbursements at least monthly when electronic fund transfers are not used, and as often as they like when electronic transfers are used, in accordance with the provisions of the Electronic Fund Transfer Act (15 U.S.C. 1601).

(3) Reimbursement is the preferred method when the requirements in paragraph (b) cannot be met, when the Federal awarding agency sets a specific condition per § 200.207 Specific conditions, or when the non-Federal entity requests payment by reimbursement.

This method may be used on any Federal award for construction, or if the major portion of the construction project is accomplished through private market financing or Federal loans, and the Federal award constitutes a minor portion of the project. When the reimbursement method is used, the Federal awarding agency or pass-through entity must make payment within 30 calendar days after receipt of the billing, unless the Federal awarding agency or pass-through entity reasonably believes the request to be improper.

(4) If the non-Federal entity cannot meet the criteria for advance payments and the Federal awarding agency or pass-through entity has determined that reimbursement is not feasible because the non-Federal entity lacks sufficient working capital, the Federal awarding agency or pass-through entity may provide cash on a working capital advance basis. Under this procedure, the Federal awarding agency or pass-through entity must advance cash payments to the non-Federal entity to cover its estimated disbursement needs for an initial period generally geared to the non-Federal entity's disbursing cycle.

Thereafter, the Federal awarding agency or pass-through entity must reimburse the non-

Federal entity for its actual cash disbursements. Use of the working capital advance method of payment requires that the pass-through entity provide timely advance payments to any subrecipients in order to meet the subrecipient's actual cash disbursements. The working capital advance method of payment must not be used by the pass-through entity if the reason for using this method is the unwillingness or inability of the pass-through entity to provide timely advance payments to the subrecipient to meet the subrecipient's actual cash disbursements.

(5) Use of resources before requesting cash advance payments. To the extent available, the non-Federal entity must disburse funds available from program income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments.

(6) Unless otherwise required by Federal statutes, payments for allowable costs by non- Federal entities must not be withheld at any time during the period of performance unless the conditions of §§ 200.207 Specific conditions, Subpart D—Post Federal Award Requirements of this part, 200.338 Remedies for Noncompliance, or the following apply:

(i) The non-Federal entity has failed to comply with the project objectives, Federal statutes, regulations, or the terms and conditions of the Federal award.

(ii) The non-Federal entity is delinquent in a debt to the United States as defined in OMB Guidance A-129, “Policies for Federal Credit Programs and Non-Tax Receivables.” Under such conditions, the Federal awarding agency or pass-through entity may, upon reasonable notice, inform the non-Federal entity that payments must not be made for obligations incurred after a specified date until the conditions are corrected or the indebtedness to the Federal government is liquidated.

(iii) A payment withheld for failure to comply with Federal award conditions, but without suspension of the Federal award, must be released to the non-Federal entity upon subsequent compliance. When a Federal award is suspended, payment adjustments will be made in accordance with § 200.342 Effects of suspension and termination.

(iv) A payment must not be made to a non-Federal entity for amounts that are withheld by the non-Federal entity from payment to contractors to assure satisfactory completion of work. A payment must be made when the non-Federal entity actually disburses the withheld funds to the contractors or to escrow accounts established to assure satisfactory completion of work.

(7) Standards governing the use of banks and other institutions as depositories of advance payments under Federal awards are as follows.

(i) The Federal awarding agency and pass-through entity must not require separate depository accounts for funds provided to a non-Federal entity or establish any eligibility requirements for depositories for funds provided to the non-Federal entity.

However, the non-Federal entity must be able to account for the receipt, obligation and expenditure of funds.

(ii) Advance payments of Federal funds must be deposited and maintained in insured accounts whenever possible.

(8) The non-Federal entity must maintain advance payments of Federal awards in interest-bearing accounts, unless the following apply.

(i) The non-Federal entity receives less than $120,000 in Federal awards per year.

(ii) The best reasonably available interest-bearing account would not be expected to earn interest in excess of $500 per year on Federal cash balances.

(iii) The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non-Federal cash resources.

(iv) A foreign government or banking system prohibits or precludes interest bearing accounts.(9) Interest earned on Federal advance payments deposited in interest-bearing accounts must be remitted annually to the Department of Health and Human Services, Payment Management System,…