PKG00243522-instructions.pdf

NOTICE OF FUNDING OPPORTUNITY

Public Works and Economic Adjustment Assistance Programs

EXECUTIVE SUMMARY

• Federal Agency Name: Economic Development Administration (EDA), U.S. Department of Commerce (DOC).

• Federal Funding Opportunity Title: FY 2018 Economic Development Assistance

Programs Notice of Funding Opportunity (EDAP NOFO).

• Announcement Type and Date: FY 2018 EDAP NOFO publishing EDA’s proposal and application submission requirements and review procedures for proposals and applications received under EDA’s (i) Public Works and Economic Development and (ii) Economic

Adjustment Assistance (EAA) programs, authorized under the Public Works and Economic

Development Act of 1965, as amended (42 U.S.C. § 3121 et seq.). Effective date: July 2,

• Funding Opportunity Number: EDAP2018

• Catalog of Federal Domestic Assistance (CFDA) Numbers: 11.300, Investments for

Public Works and Economic Development Facilities and 11.307, Economic Adjustment

Assistance.

• Key Dates: EDA employs a two-phase review process for proposals/applications submitted under this NOFO. There are no submission deadlines. Proposals and applications will be accepted on an ongoing basis until the publication of a new EDAP NOFO, cancellation of this NOFO or all available funds have been expended. EDA intends to review proposal packages within 30 days of their receipt and review full applications within 60 days of receipt. Please see Section E of this NOFO for complete information on EDA’s two-phase review process.

• Funding Opportunity Description: EDA provides strategic investments on a competitive merit basis to support economic development, foster job creation, and attract private investment in economically distressed areas of the United States. Under this NOFO, EDA solicits applications from applicants in order to provide investments that support construction, non-construction, planning, technical assistance, and revolving loan fund projects under EDA’s Public Works program and EAA program (which includes Assistance to Coal Communities). Grants and cooperative agreements made under these programs are designed to leverage existing regional assets and support the implementation of economic development strategies that advance new ideas and creative approaches to advance economic prosperity in distressed communities, including those negatively impacted by changes to the coal economy.

• Eligible applicants: EDA is not authorized to provide grants or cooperative agreements under its Public Works or EAA programs to individuals or to for-profit entities. Requests from such entities will not be considered for funding. Pursuant to Section 3 of PWEDA (42

U.S.C. § 3122) and 13 C.F.R. § 300.3, eligible applicants for EDA financial assistance under the Public Works and EAA programs include a(n): (i) District Organization of an EDA-designated Economic Development District; (ii) Indian Tribe or a consortium of Indian

Tribes; (iii) State, county, city, or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (iv) institution of higher education or a consortium of institutions of higher education; or (v) public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State.

FULL ANNOUNCEMENT TEXT

EDA Public Works and Economic Adjustment Assistance Programs

EXECUTIVE SUMMARY

FULL ANNOUNCEMENT TEXT

A. Program Description

1. Overview

2. EDA EDAP Investment Priorities

3. EDA Program Information

B. Federal Award Information

1. What funding is available under this announcement?

2. What type of funding instrument will be used to make awards and how long will a project’s period of performance be?

C. Eligibility Information

1. Eligible Applicants

2. Cost Sharing or Matching

3. Economic Distress Criteria

D. Proposal and Application Submission Information

1. Address to Request a Proposal or Application Package

2. Content and Form of the Proposal or Application Package

3. Unique Entity identifier and System for Award Management (SAM)

4. Submission Dates and Times

5. Intergovernmental review

6. Funding Restrictions

7. Other Submission Requirements

E. Proposal and Application Review Information

1. Evaluation Criteria

2. Review and Selection Process

3. Federal Awardee Performance and Integrity System (FAPIIS) Review

F. Federal Award Administration Information

1. Federal Award Notification

2. Administrative and National Policy Requirements

3. Reporting

G. EDA Contact Information

Atlanta Regional Office

Alabama, Georgia

Florida

Kentucky and ACC

Mississippi

South Carolina

North Carolina

Tennessee

Environmental Officer

Austin Regional Office

Arkansas, Louisiana

New Mexico, West Texas

Oklahoma, North Texas

South Texas

Environmental Officer

ACC

Chicago Regional Office

Illinois, Minnesota

Michigan, Wisconsin

Environmental Officer and ACC

Denver Regional Office

Colorado, Utah

Montana, Wyoming and ACC

North Dakota, South Dakota, Western Iowa

Alex Smith

Eastern Iowa, Eastern and Central Missouri

Nebraska, Kansas, Western Missouri

Environmental Officer

Philadelphia Regional Office

Connecticut

Delaware

District of Columbia, Maryland

Maine, New Hampshire, Rhode Island

Massachusetts

New Jersey, New York

Pennsylvania

Virginia

West Virginia and ACC

Environmental Officer

Alaska

Arizona, Washington (Western and Northern)

California (Northern and Central Coast)

California (Southern and Central Valley), Nevada

Hawaii, Guam, Northern Mariana Islands, American Samoa, Marshall Islands, Federated States of Micronesia, Palau

Oregon, Washington (Eastern and Southern)

Environmental Officer

ACC

H. Other Information

1. Right to Use Information

2. Freedom of Information Act Disclosure

3. Notice of Government-Wide Procurement Restriction

4. Past Performance and Non-Compliance with Award Provisions

5. Restrictions Governing Making Grants to Corporations Convicted of Felony

Criminal Violations and/or Unpaid Federal Tax Liabilities

6. EDA’s Non-Relocation Policy

7. Audit Requirements

8. Implementing the Americans with Disabilities Act (ADA)

I. Instructions for Proposal and Application Submission via Grants.gov

Appendix A. Certifications Regarding Federal Felony and Federal Criminal Tax

Convictions, Unpaid Federal Tax Assessments and Delinquent Federal

Tax Returns

A. Program Description

1. Overview

This Notice of Funding Availability (NOFO) announcement sets out EDA’s proposal and application submission and review procedures for two of its Economic Development

Assistance Programs (EDAP) authorized under the Public Works and Economic Development

Act of 1965, as amended (42 U.S.C. § 3121 et seq.) (PWEDA): (i) Public Works and Economic

Development (Public Works); and (ii) Economic Adjustment Assistance (EAA). EDA will publish separate NOFO announcements for its other programs: Regional Innovation Strategies, Planning, Partnership Planning, Local Technical Assistance, University Center, and Research and National Technical Assistance.

EDA’s Public Works and EAA programs provide economically distressed communities and regions with comprehensive and flexible resources to address a wide variety of economic needs. Projects funded by these programs will support the DOC Strategic Plan (2018-2022) by, among other things, leading to the creation and retention of jobs and increased private investment, advancing innovation, enhancing the manufacturing capacities of regions, providing workforce development opportunities and growing ecosystems that attract foreign direct investment. Through these programs, EDA supports bottom-up strategies that build on regional assets to spur economic growth and resiliency. EDA encourages its grantees throughout the country to develop initiatives that present new ideas and creative approaches to advance economic prosperity in distressed communities.

2. EDA EDAP Investment Priorities

All projects considered for EDA funding under this NOFO must be consistent with at least one of EDA’s EDAP Investment Priorities. EDA’s EDAP Investment Priorities can be found at https://www.eda.gov/about/investment-priorities.htm. EDA’s website will be updated on January 15, April 15, June 15, or September 15 of each year if there are any revisions to these Priorities.

3. EDA Program Information

This section provides detailed information on the two programs to which this NOFO applies. Additional information about EDA’s programs, including information about the eligibility of specific kinds of projects, is available through EDA staff.

EDA staff provides technical assistance to prospective applicants to assist in proposal development and application submission. Applicants are strongly encouraged to contact the

EDA representative listed for their applicable State in Section G of this NOFO to clarify technical matters involving their proposed project, its alignment with EDA’s mission and investment priorities, and all other relevant publicly available information relating to technical matters before submitting a proposal or application to EDA.

Except for a “Strategy Grant” as described below, each project funded under Public

Works and EAA must be consistent with the region’s current Comprehensive Economic

Development Strategy (CEDS) or equivalent EDA-accepted regional economic development strategy that meets EDA’s CEDS or strategy requirements. Applicants must clearly detail how the proposed project will support the economic development needs and objectives outlined in the CEDS or equivalent strategy. Applicants should identify the CEDS or strategy and provide a copy of this planning document, either by attaching the document to the application or by submitting a hard copy. In addition, applicants should highlight where and how the proposed project will be aligned with, integrated into, and/or will further leverage other public and private investments in the community and region.

https://www.eda.gov/about/investment-priorities.htm

Under this NOFO, applicants may also seek funding in the form of a “Strategy Grant” to develop, update, or refine a CEDS that alleviates long-term economic deterioration or a sudden and severe economic dislocation, as described in EDA’s regulations at 13 C.F.R. § 307.3.

Additional information and a summary of EDA’s CEDS and strategy requirements may be obtained through the appropriate EDA representative listed in Section G of this NOFO.

a. Public Works1

Through the Public Works program, EDA provides catalytic investments to help distressed communities build, design, or engineer critical infrastructure and facilities that will help implement regional development strategies and advance bottom-up economic development goals to promote regional prosperity. The Public Works program provides resources to meet the construction and/or infrastructure design needs of communities to enable them to become more economically competitive. Prior examples of investments EDA has supported through the

Public Works program include projects supporting water and sewer system improvements, industrial parks, high-tech shipping and logistics facilities, workforce training facilities, business incubators and accelerators, brownfield redevelopment, technology-based facilities, wet labs, multi-tenant manufacturing facilities, science and research parks, and telecommunications infrastructure and development facilities.

As noted above, investments made through the Public Works program must be aligned with a current CEDS or EDA-accepted regional economic development strategy and clearly lead to the creation or retention of long-term high-quality jobs. For example, under this program, EDA may provide funding to a consortium of eligible recipients to support the construction of a technology center that provides laboratory, office, and manufacturing space that leads to the creation of advanced manufacturing jobs. As another example, EDA may provide funding to a county government to support regional job creation in targeted cluster industries and expand those industries’ ability to export goods.

b. Economic Adjustment Assistance (EAA)2

Through the EAA program, EDA provides investments that support a wide range of construction and non-construction activities (including infrastructure, design and engineering, technical assistance, economic recovery strategies, and capitalization or re-capitalization of

Revolving Loan Funds (RLF)) in regions experiencing severe economic dislocations that may occur suddenly or over time. EDA utilizes EAA investments to provide resources that help communities experiencing or anticipating economic dislocations to plan and implement specific solutions to leverage their existing regional economic advantages to support economic development and job creation. Like Public Works investments, EAA investments are designed to help communities catalyze public-private partnerships to foster collaboration, attract investment, create jobs, and foster economic resiliency and prosperity. For example, EDA might provide funding to a university or community college to create and launch an economic diversification strategy to promote and enhance the growth of emerging industries in a region

1 CFDA No. 11.300. The regulations implementing the Public Works program may be found at 13 C.F.R part 305.

2 CFDA No. 11.307. The regulations implementing the EAA program may be found at 13 C.F.R. part 307. Please note that Section 307.3 of EDA’s regulations describe the differences between an EAA implementation grant and an EAA strategy grant. See also 42 U.S.C. § 3149(b)(2) (EAA planning project is not required to be carried out in an area with a CEDS or be consistent with an existing CEDS).

facing job losses due to declines in regionally important industries. As another example, EDA might provide funding to a city to support the construction of a publicly-owned multi-tenant business and industrial facility to house early-stage businesses.

Assistance to Coal Communities (ACC)

EDA designates a portion of its EAA funding to support communities and regions that have been negatively impacted by changes in the coal economy.3

To support these projects, EDA prioritizes ACC implementation projects and activities that:

o Will produce multiple economic and workforce development outcomes, such as promoting regional economic growth and diversification, new job creation, and re-employment opportunities for displaced coal economy workers; and o Are specifically identified under local and regional economic development plans that have been collaboratively produced by diverse local and regional stakeholders.

Under this NOFO, EDA will also support ACC planning through strategy grants that develop, update, or refine a CEDS or an equivalent planning document.

ACC projects should respond to one or more of the following funding principles, as appropriate:

• Collaborative Partnerships: Competitive proposals and applications will successfully demonstrate that the applicant is engaged in collaborative relationships with a variety of local and regional stakeholders (public, private, for-profit, and non-profit) whose combined contributions will be invested to support the development and implementation of the proposed project.

• Economic and Workforce Development Integration: Competitive proposals and applications will clearly demonstrate how the project is designed to simultaneously address the workforce needs of local and regional businesses and the re-employment needs of local and regional workers who have been displaced by changes in the coal economy.

• High Quality Jobs and Worker Advancement: Numerous communities, regions, and states across the country have historically relied upon the coal industry to provide good, reliable jobs and economic prosperity. Contractions in the coal economy and the resulting loss of these jobs are particularly harmful to workers in the various sectors of the coal economy. Competitive proposals and any resulting applications will include those that propose to implement or otherwise incorporate workforce development strategies that prioritize:

3 “Coal economy” is a term that reflects the complete supply chain of coal-reliant industries. This includes, but is not limited to: coal mining, coal-fired power plants, along with related transportation, logistics, and supply chain manufacturing. This NOFO represents the fourth consecutive fiscal year in which EDA has made grant funds available specifically to assist communities and regions negatively impacted by economic contractions in the coal economy. During the previous competitive funding cycles, EDA made these funds available through the POWER+

Initiative. Through this NOFO, EDA now makes these funds available solely through ACC grants, though other

Federal agencies may still have POWER grants that are open to apply for.

o The creation and growth potential of family-supporting jobs and careers;

o Workforce development activities that offer workers “career pathways” upon re-employment – the provision of additional educational and skills attainment opportunities directly linked to employee career advancement and better paying jobs within the targeted industry; and o The provision of job training courses that equip workers with industry-recognized credentials that enhance their economic mobility and advancement.4

• Multi-Jurisdictional Project Impact: Among other factors, applications that strive to produce economic diversification and job creation on a multi-jurisdictional basis will be prioritized for selection and funding. “Multi-Jurisdictional” is a term that can include, but is not limited to:

o Multiple communities within a county;

o Multiple counties within a Region;

o Multiple regions within a State; and o Multiple regions in two or more States.

ACC projects can include but are not limited to:

• Supporting the creation of new businesses and jobs in a variety of industry sectors, including, but not limited to advanced manufacturing, agriculture, energy, information technology (IT), health care, telecommunications, tourism and recreation, transportation, and cultural and natural assets.

• Implementing local and regional job creation and growth and economic diversification strategies targeted towards affected workers and businesses.

• Strengthening or developing existing or emerging industry clusters.5

• Developing business incubator programs.

• Enhancing access to and use of broadband services to support job growth through business creation and expansion.

4 EDA recognizes that the quality of jobs created in emerging industries is often evolving, and such industries typically do not yet have mature career pathways or skill standards. Applicants focused on emerging industries where these circumstances prevail should explain how their proposed strategies will create the conditions for increasing job quality and better defined pathways for worker advancement over the longer term (which may extend beyond the time frame of eligible funding).

5 Industry clusters are networks of interconnected firms and supporting institutions in a common geographic region.

Clusters also are generally defined by and benefit from shared labor pools, infrastructure and markets.

• The development of economic development diversification strategies in accordance with

CEDS criteria.6

• Facilitating access to private capital investment and providing related capacity building and technical assistance; re: effective utilization of capital investment for business development and job creation.

• Facilitating and promoting market access for goods and services created and manufactured by businesses in the impacted community/region.

Applicants are strongly encouraged to contact the appropriate Regional Office ACC program point of contact (POC) listed in Section G of this NOFO for specific guidance pertaining to the eligible use of program funds.

Note: EDA’s EAA program supports a wide range of technical, planning, and public works and infrastructure projects in regions that are experiencing adverse economic changes that may occur suddenly or over time, including communities experiencing economic distress as the result of contractions in the local/regional coal economy. For more information further details regarding the full scope of EAA along with

EDA’s other programs, as well as recent examples of awarded projects, applicants are encouraged to visit www.eda.gov.

c. Statutory authorities for EDA’s programs

The statutory authorities for EDA’s Public Works and EAA programs are Sections 201

(42 U.S.C. § 3141) and 209 (42 U.S.C. § 3149) of PWEDA, respectively.

Applicant eligibility and program requirements are set forth in EDA’s regulations

(codified at 13 C.F.R. chapter III), and all applicants must address these requirements. Specific program requirements for the Public Works program are set out at 13 C.F.R. part 305 and for the EAA program at 13 C.F.R. part 307. For EDA’s Public Works and EAA programs, this announcement supersedes the EDAP NOFO announcement dated June 19, 2017. EDA’s regulations are accessible at the U.S. Government Publishing Office (GPO) website at https://www.gpo.gov/fdsys/.7 Under “Browse”, select the Code of Federal Regulations, choose the most recent year, and scroll down to find Title 13, Chapter III.

B. Federal Award Information

1. What funding is available under this announcement?

For FY 2018, EDA has been appropriated $117.5 million for the Public Works program, $37 million for the EAA program, and an additional $30 million in EAA funds for ACC pursuant to the Consolidated Appropriations Act, 2018 (P.L. 115-141) (Division B - Commerce, Justice, Science, and Related Agencies Appropriations Act, 2018).

6 See 13 C.F.R. § 303.7.

7 In the event of discrepancies between the instructions and information provided in this NOFO and EDA’s regulations, EDA regulations will control.

http://www.eda.gov/ https://www.eda.gov/pdf/EDAs_regs-13_CFR_Chapter_III.pdf http://at/ https://www.gpo.gov/fdsys/ https://www.ecfr.gov/cgi-bin/text-idx?SID=27c9ade511973b6ad6d352fba5b86138&mc=true&tpl=/ecfrbrowse/Title13/13chapterIII.tpl

The funding periods and amounts referenced in the NOFO are subject to the availability of funds at the time of award as well as Department of Commerce (DOC) and EDA priorities at the time of award. Neither DOC nor EDA will be held responsible for proposal or application preparation costs. Publication of this announcement does not obligate DOC or EDA to award any specific grant or cooperative agreement or to obligate all or any part of available funds.

The average award amounts set out below are provided only for your information and may prove useful for planning purposes. EDA anticipates making similar awards, subject to the availability of funding. Actual amounts awarded may be higher or lower depending on the nature of the proposed project and the availability of funds. Applications for funding of activities related to existing awards may compete with applications for new awards.

The average size of a Public Works investment has been approximately $1.4 million, and investments generally range from $600,000 to $3,000,000. Historically, EDA has awarded funds for between 80 and 150 Public Works projects a year.

The average size of an EAA investment has been approximately $650,000, and investments generally range from $150,000 to $1,000,000. Historically, EDA has awarded funds for between 70 and 140 EAA projects a year.

In FY 2018, EDA will continue to support assistance to coal communities through the

ACC program and expects to award grants generally ranging between $500,000 - $2,000,000 for implementation projects, and $100,000 - $350,000 for planning activities.

DOC or EDA may cancel or withdraw this NOFO at any time.

2. What type of funding instrument will be used to make awards and how long will a project’s period of performance be?

Subject to the availability of funds, EDA may award grants or cooperative agreements to eligible applicants to help support economic development project-based activities. EDA will award a cooperative agreement on a case-by-case basis if substantial agency involvement is required. Situations that may warrant substantial involvement by EDA include: (1) authority to halt immediately an activity if detailed performance specifications (e.g., construction specifications) are not met, (2) stipulation that the recipient must meet or adhere to specific procedural requirements before subsequent stages of a project may continue, (3) approval by an appropriate DOC official of substantive provisions of proposed subawards and/or (4) notification of changes to key recipient personnel. The period of performance for a given project will depend on the type of project, scope of work, and the EDA program under which the grant or cooperative agreement for the project is awarded. For example, the period of performance for a construction investment under EDA’s Public Works program may last for three years, while a strategy investment under the EAA program may allow for one to three years for completion of the scope of work, depending on its complexity or urgency. EDA expects that all projects will proceed efficiently and expeditiously, and EDA encourages applicants to clearly document how quickly the applicant will be able to start and complete the proposed work. All construction projects are expected to be completed within five years from the date of award.

C. Eligibility Information

1. Eligible Applicants

Pursuant to PWEDA, eligible applicants for, and eligible recipients of, EDA investment assistance under this NOFO include a(n):

a. District Organization;

b. Indian Tribe or a consortium of Indian Tribes;

c. State, county, city, or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions;

d. Institution of higher education or a consortium of institutions of higher education; or

e. Public or private non-profit organization or association acting in cooperation with officials of a political subdivision of a State.8

Under its Public Works and EAA programs, EDA is not authorized to provide grants or cooperative agreements to individuals or to for-profit entities, and such requests will not be considered for funding.

2. Cost Sharing or Matching

Cost sharing is an essential element of any EDA project, and the availability and committed nature of matching funds is a competitiveness factor in evaluating applications against each other. Generally, the amount of an EDA award may not exceed 50 percent of the total cost of the project. Projects may receive an additional amount that may not exceed up to 30 percent of the total project cost, based on the relative needs of the Region9 in which the project will be located, as determined by EDA.

In general, EDA’s maximum investment rate (percent of the total project cost) is determined by the average per capita income or unemployment rate of the Region in which the project is located, as outlined in Table 1 below:10

TABLE 1

Projects located in regions in which:

Maximum allowable investment rates

(percentage of total project cost)

(A) The 24-month unemployment rate is at least 225% of the national average; or

(B) The per capita income is not more than 50% of the national average.

(C) The 24-month unemployment rate is at least 200% of the national average; or

(D) The per capita income is not more than 60% of the national average.

8 See Section 3 of PWEDA (42 U.S.C. § 3122) and 13 C.F.R. § 300.3.

9 See 13 C.F.R. § 300.3 for definition of Region.

10 See Section 204(a) of PWEDA (42 U.S.C. § 3144) and 13 C.F.R. § 301.4(b)(1).

(E) The 24-month unemployment rate is at least 175% of the national average; or

(F) The per capita income is not more than 65% of the national average.

(G) The 24-month unemployment rate is at least

1 percentage point greater than the national average; or

(H) The per capita income is not more than 80% of the national average.

For projects subject to a Special Need, as outlined in Section C.3 below, EDA will determine the maximum allowable investment rate, not to exceed 80 percent of the total project cost, based on the actual or threatened overall economic situation of the Region in which the project is located.

In addition, the Secretary of Commerce has delegated to the Assistant Secretary for

Economic Development the discretion to establish a maximum EDA investment rate of up to

100 percent of the total project cost for projects: (i) of a State (or political subdivision of a

State) that the Assistant Secretary for Economic Development determines has exhausted its effective taxing and borrowing capacity or (ii) of a non-profit organization that the Assistant

Secretary for Economic Development determines has exhausted its effective borrowing capacity.11 Additionally, EDA’s regulations provide discretion to establish a maximum EDA investment rate of up to 100 percent for projects of Indian Tribes.12

Potential applicants should contact the EDA representative listed for their State in

Section G of this NOFO to obtain additional information regarding these EDA investment rate determinations.

The applicant must document that the matching share will: (i) be committed to the project for the period of performance, (ii) be available as needed, and (iii) not be conditioned or encumbered in any way that may preclude its use consistent with the requirements of EDA investment assistance.13 In order to meet these requirements, applicants may submit for each source of matching share, a commitment letter or equivalent document signed by an authorized representative of the organization providing the matching funds. Additional documentation may be requested by EDA in order to substantiate the availability of the matching funds. For example, if bonds are contemplated as match, counsel opinion of the applicant’s bonding authority and eligibility of the bonds for use as match, along with full disclosure of the type of bonds and the schedule of the applicant’s intended bond issue, are required. Please contact the appropriate EDA representative listed in Section G of this NOFO with questions regarding

EDA’s matching share requirements.

In the application review process, EDA will consider the nature of the contribution (cash or in-kind) and the amount of the matching share funds. Documented in-kind contributions may provide the required non-Federal Share of the total project cost. All in-kind contributions must be eligible project costs and meet applicable Federal cost principles and uniform administrative

11 See Sections 204(c)(l) and (2) of PWEDA (42 U.S.C. § 3144) and 13 C.F.R. § 301.4(b)(5).

12 See 13 C.F.R. § 301.4(b)(5).

13 See 13 C.F.R. § 301.5.

https://www.ecfr.gov/cgi-bin/text-idx?SID=27c9ade511973b6ad6d352fba5b86138&mc=true&tpl=/ecfrbrowse/Title13/13chapterIII.tpl requirements. Examples of in-kind contributions can include space, equipment, services, or forgiveness or assumptions of debt.14 Funds from other Federal financial assistance awards may be considered matching share funds only if authorized by statute, which may be determined by

EDA’s reasonable interpretation of the statute.15

Applicants are strongly encouraged to work with the appropriate EDA representative listed in Section G of this NOFO to determine how in-kind contributions may be utilized to satisfy the matching share requirement for their respective project concept and application.

3. Economic Distress Criteria

In order to be eligible for funding under this NOFO, an applicant must propose a project that meets EDA’s distress criteria. Applicants must self-define the appropriate Region geographically. The geographic area comprising a Region need not be contiguous or defined by political boundaries but should constitute a cohesive area capable of undertaking self-sustained economic development. Applicants must provide third-party data that clearly indicate that the relevant Region is subject to one (or more) of the following economic distress criteria: (i) an unemployment rate that is, for the most recent 24-month period for which data are available, at least one percentage point greater than the national average unemployment rate; (ii) per capita income that is, for the most recent period for which data are available, 80 percent or less of the national average per capita income; or (iii) a “Special Need,” as determined by EDA.16

EDA will review and evaluate documentation submitted by the applicant to determine eligibility. EDA will reject any documentation of eligibility that the agency determines is inaccurate or incomplete, which may cause the proposal or application to be rejected. EDA reserves the right to request additional documentation or information from the applicant to make an eligibility determination. The proposed project must meet EDA’s distress criteria as of the date EDA receives a proposal or complete application for PRC review. However, if an award has not been made within six months of that date, EDA will then re-evaluate the project to determine continued eligibility for investment assistance. If the project no longer meets

EDA’s distress criteria, the project will no longer be considered.

For construction projects (including design and engineering) the project must be located within an eligible Region. For non-construction projects, the investment’s scope of work must primarily benefit an eligible Region and stakeholders from that eligible area must be directly engaged. EDA suggests that applicants work closely with the EDA representative listed for their

State as they define an eligible project in their Region.

A proposed project may meet the Regional eligibility criteria in one of the following three ways:

1. The proposed project will be located in a Region that meets EDA’s economic distress criteria;

2. The proposed project is located in an Economic Development District (EDD) that is located in a Region that does not meet EDA’s economic distress criteria, and EDA determines the proposed project will be of substantial direct benefit to

14 See Section 204(b) of PWEDA (42 U.S.C. § 3144) and the definition of “In-Kind Contribution” at 13 C.F.R. §

300.3.

15 See the definition of “Local Share or Matching Share” at 13 C.F.R. § 300.3. See also 2 C.F.R. § 200.306.

16 See Section 301(a)(3) of PWEDA (42 U.S.C. § 3161(a)(3)) and 13 C.F.R. § 301.3.

a geographic area within the District that meets EDA’s economic distress criteria; or

3. The proposed project will be located in a geographic area of poverty or high unemployment that meets EDA’s economic distress criteria, but which is located in a Region that overall does not meet EDA’s distress criteria.

Following are further details on economic distress criteria. See also 13 C.F.R. § 301.3(a).

a) Unemployment Rate & Per Capita Income

For economic distress levels based upon per capita income requirements, EDA will base its determination upon the most recent American Community Survey

(ACS) published by the U.S. Census Bureau. For economic distress levels based upon the unemployment rate, EDA will base its determination upon the most recent data published by the Bureau of Labor Statistics (BLS), within the U.S.

Department of Labor. For eligibility based upon either per capita income requirements or the unemployment rate, when the ACS or BLS data, as applicable, are not the most recent Federal data available, EDA will base its decision upon the most recent Federal data from other sources (including data available from the Census Bureau and the Bureaus of Economic Analysis, Labor

Statistics, Indian Affairs, or any other Federal source determined by EDA to be appropriate). If no Federal data are available, an applicant must submit to EDA the most recent data available from the State. The required State data must be for the Region where the project will be located, the geographic area where substantial direct project benefits will occur, or the geographic area of poverty or high unemployment, as applicable.17

b) “Special Need” Criteria

For the purposes of determining eligibility based on a “Special Need”, an applicant must provide current and appropriate economic and demographic statistics for the applicable Region to support the identified Special Need. EDA will base its Special Need eligibility determination on whether the proposed project meets the specific requirements outlined below or, in cases where specific thresholds are not identified, on whether the data and information provided by the applicant presents a compelling case that the Region meets the

Special Need criteria, as defined by EDA.

A project may be eligible pursuant to a Special Need if the project is located in a

Region that meets one or more of the criteria described below18:

a. Closure or restructuring of industries or the loss of a major employer essential to the Regional economy as defined by:

17 See Section 301 of PWEDA (42 U.S.C. § 3161) and 13 C.F.R § 301.3.

18 The following criteria are published in accordance with 13 C.F.R. § 301.3(a)(1)(iii) and define what may constitute a “Special Need” (as defined in 13 C.F.R. § 300.3) sufficient to make a project eligible for Public Works or EAA investment assistance, as described in Section C.3 of this announcement.

i. a public announcement of an impending closure or restructuring of a firm expected to occur within four (4) years of PRC review of a proposal or complete application submission; or

ii. an actual closure or restructuring of a firm within the 24 months prior to submission of a proposal or complete application for PRC review, resulting in sudden job losses; AND

iii. such threatened or actual closure results in sudden job losses meeting the following dislocation criteria:

1. For Regions with a population of at least 100,000, the threatened or actual dislocation is 500 jobs, or one percent of the civilian labor force (CLF), whichever is less.

2. For Regions with a population up to 100,000, the threatened or actual dislocation is 200 jobs, or one percent of the CLF, whichever is less.

b. Substantial out-migration or population loss.

c. Underemployment, meaning employment of workers at less than full-time or at less skilled tasks than their training or abilities permit.

d. Military base closures or realignments, defense contractor reductions-in-force, or Department of Energy defense-related funding reductions.

i. A military base closure refers to a military base that was closed or is scheduled for closure, realignment, or growth pursuant to the base closure and realignment process or other Department of Defense (DOD) process.

Unless further extended by the Assistant Secretary for Economic

Development, the Region is eligible from the date of DOD’s recommendation for closure, realignment, or growth until five years after the actual date of closing of the installation or five years after the announced realignment or growth actually occurs.

ii. A defense contractor reduction-in-force refers to a defense contractor(s) experiencing defense contract cancellations or reductions resulting from official DOD announcements that have aggregate value of at least

$10 million per year. Actual dislocations must have occurred within one year of the date a proposal or complete application is submitted to EDA for PRC review and threatened dislocations must be anticipated to occur within two years of submittal of a proposal or complete application to

EDA for PRC review. Defense contracts that expire in the normal course of business will not be considered to meet this criterion.

iii. A Department of Energy defense-related funding reduction refers to a

Department of Energy facility that has experienced or will experience a reduction of employment resulting from its defense mission change. The

Region is eligible from the date of the Department of Energy announcement of reductions until five years after the actual date of reduced operations at the installation.

e. Natural or other major disasters or emergencies. A Region that has received one of the following disaster declarations is eligible:

i. A Presidentially declared disaster (declared under the Robert T. Stafford

Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C.

§ 5121 et seq.)); or

ii. A Federally declared disaster (pursuant to the Magnuson-Stevens Fishery

Conservation and Management Act, as amended (16 U.S.C. § 1861a(a));

the Consolidated Farm and Rural Development Act, as amended (7

U.S.C. § 1961); or the Small Business Act, as amended (Pub. L. No. 85-

536, 15 U.S.C. § 631 et seq., 72 Stat. 384 (1958)).

Applicants must demonstrate a clear nexus between the needs created by the declared disaster and the proposed project.

f. Extraordinary depletion of natural resources or other impact attributable to a new or revised Federal regulation or policy that will have a significant impact on a community’s ability to prevent an extraordinary depletion of natural resources. For example, in the case of a Federal fishing regulation designed to promote and sustain a community and its fishery in the long-term, EDA could quickly help a coastal community respond to any short-term economic dislocations.

g. Communities undergoing transition of their economic base as a result of changing trade patterns.

h. A project located in a persistent poverty county is eligible. For purposes of determining Special Need, the term ‘‘persistent poverty county’’ means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates.

i. The project is located in a designated “Qualified Opportunity Zone.” A current list of Qualified Opportunity Zones designated by the U.S.

Department of the Treasury can be found at https://www.cdfifund.gov/pages/Opportunity-Zones.aspx.

j. Communities or regions that have been impacted19, or can reasonably demonstrate that they will be impacted, by coal mining or coal power plant employment loss, or employment loss in the supply chain industries20 of either (applicable to applicants for ACC funding only). Complete applications seeking ACC funding must provide appropriate third party economic and demographic statistics for the applicable community or region in order to document the extent to which contractions in the coal economy have negatively impacted the community or region.21 Applicants are encouraged to cite federal data resources that may include, but are not limited to: (i) U.S. Department of Commerce (Bureau of Economic Analysis, http://www.bea.gov/; U.S. Census Bureau, American Community Survey

(ACS), https://www.census.gov/programs-surveys/acs/); (ii) U.S. Department of Labor (Bureau of Labor Statistics (BLS), http://www.bls.gov/); (iii) U.S.

Department of Energy (Energy Information Administration (EIA), https://www.eia.gov/); (iv) U.S. Department of the Interior (Mine Safety

19 In general, EDA will consider applications for projects in communities and regions where the primary coal economy contraction “event” (e.g., closure of a coal mine or a coal-fired power plant, closure of various coal economy supply chain businesses, etc.) took place within 1-15 years prior to the application submission date.

20 Examples of supply chain industries include, but are not necessarily limited to, manufacturers of mining equipment and parts for coal-fired power plants and transportation companies that carry coal. Note, this timeframe is a range during which projects will generally be eligible; applicants may propose projects outside this timeframe, but should take special care to demonstrate that the primary coal economy contraction “event” continues to tangibly impact the community.

21 Examples of the types of acceptable data that applicants can use to demonstrate the negative impacts of local and/or regional coal industry contractions include (and are not limited to) economic indicators, labor market analyses, official announcements made by local and regional industries and firms, demographic, and industry data.

https://www.cdfifund.gov/pages/Opportunity-Zones.aspx http://www.bea.gov/ https://www.census.gov/programs-surveys/acs/ http://www.bls.gov/ https://www.eia.gov/

Health Administration, http://www.msha.gov/OpenGovernmentData/OGIMSHA.asp; Bureau of

Indian Affairs (BIA)-American Indian Population and Labor Force Reports, http://www.bia.gov/WhatWeDo/Knowledge/Reports/index.htm).

k. Other Special Need. The area is experiencing other special or extraordinary economic adjustment needs, as determined by the Assistant Secretary for

Economic Development.

In addition to the above, all applications for funding based on Special Need must demonstrate how the project will address the economic development needs of the Region resulting from that Special Need.

D. Proposal and Application Submission Information

In order to make the application process more efficient and effective, EDA employs a two-phase review process for proposals/applications submitted under this NOFO.

Please note that all submissions under this NOFO are subject to the two-phase review process.

Phase I, the Proposal Phase, is designed to provide applicants with an economical and efficient means of determining if their proposed project meets basic technical criteria to be considered responsive to this NOFO.

In Phase I, potential applicants will provide EDA with general project information, as detailed in Section D.2.a of this NOFO, to allow EDA to make a threshold determination as to whether the proposed project meets basic technical criteria to be considered responsive to this

NOFO.

Proposal packages submitted for Phase I consideration may be presented at any time during the fiscal year.

All complete Phase I proposal packages will be reviewed by the respective Regional

Office Proposal Review Committee (PRC), and EDA intends to advise the applicant of the agency’s Phase I Determination within 30 calendar days of EDA’s receipt of the proposal.

If the Regional Office PRC determines that a proposal is responsive to this NOFO

(Phase I Responsive Determination), EDA will inform the applicant that it may submit a complete application to proceed to Phase II of the process.

In Phase II, the Application Phase, an applicant must submit a complete application, as detailed in Section D.2.b. of this NOFO, to be considered for funding.

In Phase II, EDA’s goal is to make a determination on an application within 60 days of

EDA’s receipt of the complete application.

Again, please note that all submissions under this NOFO must proceed through the two-phase review process. If an applicant submits an application in lieu of or concurrent with a proposal package, the Regional Office PRC must first make a Phase I Determination regarding the applicant’s submission before moving to Phase II, the Application Phase, if a Responsive

Determination is made.

http://www.msha.gov/OpenGovernmentData/OGIMSHA.asp http://www.bia.gov/WhatWeDo/Knowledge/Reports/index.htm

In either Phase I or II, EDA may seek additional information or documentation from the applicant to clarify information presented in the proposal/application. Please see Section E of this NOFO for more information on EDA’s review and selection process.

EDA strongly encourages applicants to consult with the EDA representative for their

State to discuss whether their project is in alignment with EDA’s investment priorities, eligibility requirements, cost-sharing requirements, property standards, or other requirements outlined in this NOFO. This consultation is limited to clarification of technical matters involving their proposed project, project alignment with EDA’s mission and Investment

Priorities, and all other relevant and publicly available information relating to general technical matters.

1. Address to Request a Proposal or Application Package

An applicant may obtain the appropriate proposal or application package electronically at www.grants.gov (Grants.gov). Applicants may search for this funding opportunity on

Grants.gov using Funding Opportunity Number “EDAP2018”. All components of the appropriate proposal and application package may be accessed and downloaded at www.grants.gov/web/grants/search-grants.html.

Applicants are advised that they must complete the registration process prior to submitting a proposal and/or application through Grants.gov; please note, however, that registration is not required for an applicant to access, view, or download the proposal and application package. Even though an applicant may be able to view and download a proposal or application, if the applicant has not correctly completed the Grants.gov registration process, the applicant will not be able to submit the proposal or application electronically for EDA’s review.

Alternatively, an applicant eligible for assistance under this announcement may request a paper proposal or application package by contacting the EDA representative listed for their State under Section G of this NOFO.

2. Content and Form of the Proposal or Application Package

EDA has developed a suite of forms designed to address all types of assistance the agency provides. In addition, Federal grant assistance forms from the Standard Form (SF) 424 family and certain Department of Commerce Forms (CD) forms are required as part of a complete application package. The tables in Sections D.2.a. and D.2.b. below describe all the forms and other documentation required for a complete proposal and application for each type of assistance EDA will provide under this NOFO and may serve as a checklist for applicants in preparing their submissions.

EDA encourages applicants to submit a proposal package as outlined in Section D.2.a below as the documentation is designed to provide a general overview of a project with fewer resources invested by the applicant. An applicant may submit a complete application as outlined in Section D.2.b below either in lieu of or concurrent with a proposal; however, as noted above, the applicant’s submission will still proceed through EDA’s two-phase review process.

For proposals and applications submitted through Grants.gov, all…