PKG00251960-instructions.pdf

Notice of Funding Opportunity

Assistance for Local Emergency Response

Training Grants

Fiscal Year (FY) 2019

NOFO Posted Date: June 12, 2019

Application Due Date: July 12, 2019

Questions Due Date: July 12, 2019

Applicant must register at www.grants.gov to apply online. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays in submission. Additionally, applicants must maintain an active registration in the System for Award Management at www.SAM.gov.

Furthermore, applicants must register with FedConnect at https://www.fedconnect.net for an account before submitting an application.

Your organization’s Marketing Partner ID number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in FedConnect and how to use the portal, view the FedConnect:

Ready, Set, Go! Tutorial under the Need Help? Section on the FedConnect home page.

Assistance Listing (CFDA)

20.703 “Interagency Hazardous Materials Public Sector

Training and Planning Grants”

PHMSA Notice of Funding Opportunity Number

693JK319NF0010

U.S. Department of Transportation

Pipeline and Hazardous

Materials Safety

Administration

(PHMSA)

Table of Contents

Program Summary

Mission

Section A - Program Description

Section A.1 Purpose

Section A.2 Statute and Program Authority

Section A.3 Background ………………………………………………………………………3

Section B - Federal Award Information

Section B.1 Funding

Section B.2 Period of Performance

Section B.3 Type of Award

Section B.4 Previous Awards

Section C - Eligibility Information

Section C.1 Eligible Applicants

Section C.2 Cost Sharing or Matching

Section D - Application and Submission Information

Section D.1 Address to Request Application Package

Section D.2 Content and Form of Application Submission

Section D.3 Unique Entry Identifier and System for Award Management (SAM)

Section D.4 Submission Dates and Times

Section D.5 Funding Restrictions

Section E - Application Review Information

Section E.1 Evaluation Criteria

Section E.2 Review and Selection Process (Includes Ratings Guideline)

Section E.3 FAPIIS Review

Section E.4 Anticipated Announcement and Federal Award Dates

Section F - Federal Award Administration Information

Section F.1 Federal Award Notices

Section F.2 Administrative and National Policy Requirements

Section F.3 Reporting

Section G - Federal Awarding Agency Contact(s)

693JK319NF0010

Program Summary

Federal Agency Name: U.S. Department of Transportation (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Funding Opportunity Title: “Assistance for Local Emergency Response Training – FY 2019”

Announcement Type: Initial Announcement

Funding Opportunity Number: 693JK319NF0010

CFDA Number: 20.703

NOFO Posted Date:

Application Due Date:

Questions Due Date:

June 12, 2019

July 12, 2019 July 12, 2019

MISSION

The U.S. Department of Transportation’s (DOT) mission is to ensure that our nation has the safest, most efficient and modern transportation system in the world; that improves the quality of life for all

American people and communities, from rural to urban, and increases the productivity and competitiveness of American workers and businesses.

DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) protects people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents. Additionally, PHMSA prepares the public and first responders to reduce consequences if an incident occurs. To accomplish this, PHMSA awards grants to states, tribes, territories, and national nonprofit organizations that assist in our mission to ensure pipelines operate safely and shipments arrive without incident.

SECTION A - PROGRAM DESCRIPTION

A. 1 Statement of Purpose

The Assistance for Local Emergency Response Training (ALERT) Grant focuses on incident response activities related to the transportation of crude oil, ethanol, and other flammable liquids by rail.

ALERT grant funding will be awarded to nonprofit organizations to train individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials.

A.2 Statute and Program Authority The ALERT Grant Program is authorized by the Consolidated Appropriations Act, 2016, P.L.114-113, which states that PHMSA may fund ALERT grants with prior year funds recovered from the

Hazardous Materials Grant Program (HMGP).

A.3 Background

Under the authority of the Consolidated Appropriations Act, 2016, P.L. 114-113, PHMSA’s ALERT grant program provides grants to nonprofit organizations representing regional public-private partnerships. The nonprofit organizations must be able to provide hazardous materials direct or web-based training to individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. The training will focus on response activities related to the transportation of crude oil, ethanol, and other flammable liquids by rail.

SECTION B - FEDERAL AWARD INFORMATION

B.1 Funding

Subject to funding availability, PHMSA anticipates that $1.3 million will be available to support the ALERT grant program from funds recovered from the HMGP, as authorized by the

Consolidated Appropriations Act, 2016, P.L. 114-113.

B.2 Period of Performance

The period of performance is twelve (12) months from the effective date of award.

B.3 Type of Award

Discretionary grant award.

B.4 Previous Awards

Applicants who received a previous PHMSA ALERT grant award may apply for a FY 2019 grant.

SECTION C - ELIGIBILITY INFORMATION

C.1 Eligible Applicants

The FY 2019 ALERT grant is open to nonprofit organizations representing regional public-private partnerships. The nonprofit organizations must be able to provide hazardous materials direct or web-based training to individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. The training will focus on response activities related to the transportation of crude oil, ethanol, and other flammable liquids by rail.

C.2 Cost Sharing or Matching

There are no cost-sharing or matching requirements.

SECTION D - APPLICATION AND SUBMISSION INFORMATION

D.1 Request Application Package

PHMSA requires applicants to apply electronically through grants.gov for this funding opportunity.

Applicants must download the application package associated with this funding opportunity by following the directions provided at grants.gov.

The application package contains the required electronic forms and the ability to upload attachments for the budget, budget justification, project narrative, assurances, and certifications. The applicant must submit the information outlined in the Application Guide in addition to the program-specific information below. A copy of this NOFO and corresponding forms package can be retrieved from www.grants.gov using the following basic search criteria:

(1) Keyword(s): Assistance for Local Emergency Training Grants

(2) NOFO#: 693JK319NF0010

(3) Catalog of Federal Domestic Assistance (CFDA) Number: 20.703

To begin the process, applicants must be registered with www.Grants.gov to submit an application. It is highly recommended that applicants begin the registration process as soon as possible to avoid delays with submission. Failure to comply with the prescribed application requirements, as described in this section, will result in an application not being reviewed.

Accessing Grants.gov:

For new users, go to http://www.grants.gov/web/grants/applicants.html, or go to the main page at http://www.grants.gov/ and select “Register.” NOTE: New user registrations for Grants.gov can take up to two weeks to complete. For additional questions on how to register, contact Grants.gov support by phone at (800) 518-4726 or via email at support@grants.gov.

mailto:support@grants.gov

Accessing FedConnect:

Applicants must register with FedConnect at https://www.fedconnect.net for an account before submitting an application. Your organization’s Marketing Partner ID number (MPIN), which can be retrieved from SAM, is required to create an account. For instructions on how to register in

FedConnect and how to use the portal, view the FedConnect: Ready, Set, Go! Tutorial under the Need

Help? section on the FedConnect home page. For other technical issues or questions, either email support@fedconnect.net or call us at 1-800-899-6665. The FedConnect Support Center is staffed Monday - Friday 8 a.m. to 8 p.m., Eastern Daylight Time, except Federal holidays.

D.2 Content and Form of Application

Applications should be well written and free of mathematical errors in the line-item budget and budget narrative. Program narratives should have the sections clearly identified and follow the structure requested in this notice of funding opportunity.

Applications for FY 2019 ALERT grant funding should be submitted in electronic format in grants.gov according to the following outline. There are two overall sections: (1) standard forms that the applicant will upload and complete from grants.gov under the FY 2019 ALERT grant funding opportunity; and

(2) attachments the applicant will need to create and upload.

1. Standard Forms

The following forms are found in grants.gov under the FY 2019 ALERT Grant Funding Opportunity and must be completed by the applicant.

• SF-424 – Application for Federal assistance

• SF-424A – Budget Information

• ED-80-0013 – Certifications Regarding Lobbying; Debarment, Suspension, Drug-Free

Workplace, etc.

• Standard Title VI/Non-Discrimination Assurances – Civil Rights Assurances

2. Applicant Attachments to be submitted

All required forms must be created by the applicant and uploaded to grants.gov under the FY 2019

Assistance for Local Emergency Response Training Grant Funding Opportunity. Guidance for submitting the project narrative and budget narrative is listed in the following section.

• Project Narrative attachment

• Budget Narrative attachment

• Indirect cost agreement; and/or Statement claiming 10 percent de minimis (if applicable)

• Additional optional attachments (if applicable)

The application forms and templates are available on Grants.gov in the ‘Related Documents’ tab with detailed instructions on the application process.

3. Project Narrative

The following Project Narrative sections are required. To facilitate the application review and award process, submit the sections in the order of their appearance as stated below. Applicants should clearly identify the sections in the project narrative section of the application.

(1) Organization Information and Capacity. Briefly provide information about your organization. This should include: (1) your organization’s mission; (2) a brief overview of the mailto:support@fedconnect.net structure of your organization, programs, leadership, and special expertise; and (3) your organization’s experience and capacity to manage Federal grant programs – with emphasis on experience managing Federal grants related training individuals who have a statutory responsibility to respond to accidents and incidents involving hazardous materials.

(2) Contact Information. Identify the designated project director, including the name, position, address, email address, and telephone number of the individual(s) who will be responsible for coordinating the funded activities. Additionally, identify authorized individuals who will accept the awarded grant document, as well as individuals responsible for the submission of required federal financial reports.

(3) Statement of Need. Provide a detailed needs assessment to identify the locations in which remote or volunteer emergency responders are in critical need of hazardous material training for response activities to the transportation of flammable liquids and other hazardous material such as gases or corrosive material by rail. The needs assessment should provide a clear justification for why funding is necessary to address training gaps.

(4) Proposed activities/outputs and timeline. Describe the proposed activities that will take place under the proposed grant and provide quantifiable, and measurable, outputs planned for the grant’s performance period. Outputs are quantitative data that describe the proposed activities.

This section should include:

a) the number and type of activities/courses proposed;

b) the location of the activities if known, (if unknown, explain the methodology for selecting locations);

c) the timeframe when the activity will take place. The timeline should include benchmarks and milestones that will assist with monitoring of the project’s success. Additionally, any curriculum or instructor development activities should be described and included in the timeline of events; and,

d) the number of projected students trained.

(5) Curriculum. Provide an outline or detailed description of the training curriculum that will be used. If the curriculum will be developed during the grant’s period of performance, provide a detailed description of the curriculum that will be developed.

(6) Monitoring and evaluation of training. Provide an explanation of monitoring efforts, internal controls and quality assurance plans to ensure grant program success. These may include, but are not limited to, random examinations, inspections, and audits of training to maximize the cost effectiveness and impact of the program.

4. Budget Narrative

The budget narrative is an explanation of each budget component, which supports the cost of the proposed work. The budget narrative should focus on how each budget item is required to achieve the proposed project goals and objectives. It should also justify how budget costs were calculated. The budget narrative should be clear, specific, detailed, mathematically correct, and correspond to the SF-

424A line-item categories.

Provide a budget narrative justification with a reference to the object class categories found on the SF-

424A for each proposed activity and explain why the amount is needed to implement the project as proposed in the project narrative. The budget narrative must correlate with the costs identified in the

SF-424A line item budget.

A well-developed budget narrative is an effective monitoring tool for both the awarding agency, and grant recipient. However, a budget narrative that does not represent a project’s needs makes it difficult to recommend for full funding and to assess financial performance over the life of the project. A description of the object class categories is provided below:

(1) Personnel costs are the employee salaries for those working directly on the grant project.

Include the number, type of personnel, the percentage of time dedicated to the project, hourly wage (or salary) and total cost to the grant.

• This category is limited to only people employed by your organization. Those not employed by your agency shall be classified as subrecipients, or contractors, and should be listed under the “Contractual” or “Other” object class.

• Only include compensation paid to employees engaged in grant activities.

• Costs should be consistent with that paid for similar types of work within the organization.

(2) Fringe Benefit costs are the allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages. Fringe costs are benefits paid to employees, including the cost of employer’s share of FICA, health insurance, workers’ compensation, and vacation. Include how the fringe benefit amount is calculated (i.e., actual fringe benefits estimate, approved rate, etc. Include a description of specific benefits charged to a project and the benefit percentage. Additional considerations:

• The personnel/salaries should have corresponding fringe; and vice-versa.

PHMSA cannot pay fringe benefits for a position that is not listed in the

Personnel section.

• Explain what is included in the benefit package and at what percentage.

• Fringe benefits are only for the percentage of time devoted to the grant project.

• The applicant must not combine the fringe benefit costs with direct salaries and wages in the personnel category.

(3) Travel: Travel costs are those costs requested for field work, or for travel, to professional meetings associated with grant activities. Provide the purpose, method of travel, number of persons traveling, number of days, and estimated cost for each trip. If the details of each trip are not known at the time of application submission, provide the basis for determining the amount requested.

(4) Equipment: Equipment costs include those items which are tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit, unless the applicant has a clear and consistent written policy that determines a different threshold. Include a description, quantity and unit price for all equipment.

• Purchases of less than $5,000 should be listed under “Supplies” or “Other.”

• Each item of equipment must be identified with the corresponding cost. General-purpose equipment must be justified as to how it will be used on the project.

• Analyze the cost benefits of purchasing versus leasing equipment, particularly high-cost items and those subject to rapid technical advances. List rented or leased equipment costs in the “Contractual” or “Other” category, depending upon the procurement method.

(5) Supplies are tangible personal property other than equipment. Include the types of property in general terms. It is not necessary to document office supplies in detail (for example: reams of paper, boxes of paperclips, etc.). However, applicants should include a quantity and unit cost for larger cost supply items such as computers and printers.

(6) Contractual costs are those services carried out by an individual or organization, other than the applicant, in the form of a procurement relationship. There are two ways to capture costs in this category: subgrants and contracts.

• A Subgrant - is an award provided by a pass-through entity (Grantee/Recipient) to a subrecipient. That subrecipient carries out part of a program for which the

Grantee/Recipient received Federal support. A subrecipient has its performance measured in relation to whether objectives of a Federal program were met; has responsibility for programmatic decision making; is responsible for adherence to applicable Federal program requirements specified in the Federal award; and (in accordance with its agreement), uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity.

• A Contract - is a legal instrument by which a Grantee/Recipient purchases property or services needed to carry out the project or program under an award.

A contract/contractor provides the goods and services within normal business operations; provides similar goods or services to many different purchasers;

normally operates in a competitive environment; and provides goods or services that are ancillary to the operation of the Federal program.

For all contractual line-item costs, include the rationale for the costs; include the specific contract goods and/or services provided; and the related expenses for those goods and services. Simply entering the statement “contractual services” will not be considered sufficient.

(7) Other costs that do not fit any of the aforementioned categories, include rent for buildings used to conduct project activities, utilities, leased equipment, employee training tuition, etc. “Other” direct costs must be itemized.

(8) Indirect Costs (if applicable, must include IDC agreement or statement claiming de minimis rate): Indirect costs are allowable in the ALERT grant. Indirect costs are incurred for common or joint objectives that benefit more than one project. The applicant must include a current, and fully executed, indirect cost rate agreement in the application, if claiming indirect costs. The rate must be applied to the appropriate base in the approved agreement. If the rate will not be approved by the application due date, attach the letter of renewal or letter of request that you sent to your cognizant agency to your application. If the applicant has never received indirect cost rate agreement, the applicant may be eligible for the 10 percent de minimis rate provided by 2 CFR §

200.414. A national nonprofit entity that has never received a negotiated indirect cost rate may elect to charge a de minimis rate of 10 percent of modified total direct costs, per 2 CFR §

200.414, which may be used indefinitely. Applicants intending to charge the de minimis rate must include a statement verifying that the organization has never received a negotiated indirect cost rate and that the organization has elected to charge the de minimis rate.

(9) Match: Not applicable for the ALERT grant program.

D.3 Dun and Bradstreet Universal Numbering System (DUNS) Number and System for Award

Management (SAM)

Each applicant is required to: (i) be registered in SAM (SAM.gov) before submitting its application;

(ii) provide a valid DUNS number in its application; and (iii) continue to maintain an active SAM registration and DUNS with current information at all times during which it has an active Federal award or an application under consideration.

PHMSA may not make an award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements. If an applicant has not fully complied with the requirements by the time PHMSA is ready to make an award, PHMSA may determine that the applicant is not qualified to receive an award and use that determination as a basis for making an award to another applicant.

NOTE: PHMSA recommends that Applicants review the SAM database to ensure that their DUNS number is updated and “active.” Link: https://www.sam.gov/portal/public/SAM/

D.4 Submission Dates and Times

Completed applications must be received electronically by 5:00 p.m. Eastern Daylight Time on July 12, 2019. If an applicant has technical difficulties submitting the application through Grants.gov, that applicant should contact the Grants Program Office by phone at (202) 366-1109 or via email at

HMIT.Grants@dot.gov. Late application submissions will not be considered.

D.5 Funding Restrictions

The following costs are not eligible for reimbursement under the FY 2019 ALERT grant program:

• Personnel costs such as overtime, backfill, stipends, and fees for the state and local personnel receiving training.

• Entertainment, alcohol, or morale costs.

• Any costs disallowed or stated as ineligible in 2 CFR part 200.

• Excessive costs for general office supplies, equipment, computer software, printing and copying.

SECTION E - APPLICATION REVIEW INFORMATION

E.1 Evaluation Criteria

PHMSA will use the following evaluation criteria to determine how the applications address the needs for outreach and training:

1. Program Evaluation https://www.sam.gov/portal/public/SAM/ mailto:HMIT.Grants@dot.gov

a. Does the applicant have the capacity to reach a target population of emergency responders and involve them in a training program?

b. Does the application include a plan for training emergency responders in rural areas?

c. Does the applicant include a plan to develop and make available in an electronic format, hazardous materials response training to emergency responders specific to the transport of flammable liquids and other hazardous materials such as gases, or corrosive material by rail?

d. Does the applicant provide a detailed needs assessment to identify gaps in training to hazmat responders and include macro-level national data with references to quantitative and qualitative information?

e. Does the applicant’s program activities appear to be allowable, allocable, necessary and reasonable?

f. Does the applicant provide a timeline that clearly communicates when project activities will take place?

g. Does the applicant describe the proposed training delivery model and how it will effectively deliver training to the desired recipient(s)?

h. Does the application list clear outputs, goals and objectives that indicate the grant will have a projected impact on reducing risk and enhancing hazmat transportation safety?

i. Does the applicant outline a monitoring and evaluation strategy to help ensure that the project will be successful?

j. Is the cost of training per individual listed and is it competitive to such costs when compared to the national average?

2. Technical Evaluation

a. Does the applicant have the ability to establish a curriculum or has it established a curriculum that complies with existing regulations and the National Fire Protection

Association standards for competence of responders to accidents and incidents involving hazardous materials?

b. Is the applicant able to provide a comprehensive needs assessment to identify locations in which volunteer or remote emergency responders are in critical need of hazardous materials training for response activities to the transportation of flammable liquids and other hazardous materials such as gases, or other corrosive material by rail?

c. Does the applicant have an expertise in the development and delivery of an emergency response training curriculum to the transport of flammable liquids or other hazardous materials such as gases or corrosive material by rail?

d. Does application show the ability for the applicant to deliver a successful train-the-trainer course for hazmat responders?

E.2 Review and Selection Process

PHMSA will conduct an initial administrative review of each application to determine if it is complete and meets the eligibility requirements, per Section C (Eligibility Information), and the responsibility requirements. A team composed of representatives from hazardous materials emergency response stakeholder groups, grant management professionals, and non-career officials will review and evaluate each completed application and provide recommendations for award.

Based on how well the applications address the evaluation questions identified in Section E.1 above, the PHMSA Administrator will then consider how well the applications address the following key

DOT objectives:

1. Supporting economic vitality at the national and regional level;

2. Utilizing alternative funding sources, and innovative financing models, to attract non-

Federal sources of infrastructure investment;

3. Accounting for the life cycle costs of the project to promote the state of good repair;

4. Using innovative approaches to improve safety and expedite project delivery; and,

5. Holding grant recipients accountable for their performance and achieving specific, measurable outcomes identified by grant applicants.

6. The Department will also consider whether a project is located in a qualified opportunity zone designated pursuant to 26 U.S.C. § 1400Z-1. A project located in a qualified opportunity zone is more competitive than a similar project that is not located in a qualified opportunity zone.

The Secretary of Transportation will make the final award decisions.

Ratings Guidelines

Exceptional - The application demonstrates that the NOFO requirements are very well understood and the approach will likely result in a very high quality performance. The application clearly addresses and exceeds requirements with no weaknesses. The application contains outstanding features that meet or exceed on multiple dimensions the expectations of the Government. The application scope aligns very well with the DOT objectives and priorities. The risk of poor performance is very low.

Acceptable - The application demonstrates that the NOFO requirements are understood and the approach will likely result in satisfactory performance. The application addresses and meets requirements with some minor but correctable weaknesses. The application demonstrates requisite experience, qualifications, and performance capabilities. The application scope aligns with the DOT objectives and priorities. The risk of poor performance is low.

Marginal - The application demonstrates that the NOFO requirements are mostly understood and the approach will likely result in satisfactory performance for part of the request. The applicant addresses some of the requirements with some correctable weaknesses. The applicant demonstrates some experience, qualifications, and/or performance capabilities.

The application scope marginally aligns with the DOT objectives and priorities. The risk of poor performance is moderate.

Unacceptable - The application does not meet the NOFO requirements. The application fails to address many requirements. The applicant may be ineligible to apply for the grant. The application could not satisfy critical requirements without a major revision and/or a rewrite of the application or a major redirection effort. The application scope does not align with the

DOT objectives and priorities. The risk of poor performance is high.

E.3 FAPIIS Review

Prior to making an award, PHMSA 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). 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. PHMSA 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 2 C.F.R. § 200.205.

E.4 Anticipated Announcement and Federal Award Dates

Applicants chosen for funding will receive electronic notification of the Federal Award. Upon notification, the applicant’s authorized official must sign and return the award within the timeframe prescribed by PHMSA. PHMSA plans to make awards in September 2019, with a proposed period of performance start date of September 30, 2019.

SECTION F - FEDERAL AWARD ADMINISTRATION INFORMATION

F.1 Federal Award Notices

PHMSA’s grant awarding official will award grants to responsible and eligible applicants, at its discretion, whose applications are judged most meritorious under the procedures set forth in this

NOFO. All funds provided by PHMSA must be expended solely for the purpose for which the funds are awarded in accordance with the approved application and budget, regulations, terms and conditions of the award, applicable Federal cost principles, and the DOT’s financial assistance regulations. Funds may not be used for lobbying or litigation.

The grant award agreement, signed by both the PHMSA Agreement Officer and the recipient’s

Authorized Representative, is the authorizing document and will be provided through electronic means to the Authorized Representative. The award document will provide pertinent instructions and information including, at a minimum, the following:

1) The legal name and address of recipient;

2) Title of project;

3) Name(s) of key personnel chosen to direct and control approved activities;

4) Federal Award Identification Number assigned by PHMSA;

5) Period of Performance, specifying the duration of the project;

6) Total amount PHMSA approved for the project;

7) Legal authority(ies) under which the award is issued;

8) CFDA number;

9) Applicable award terms and conditions;

10) Approved budget plan for categorizing allocable project funds to accomplish the stated purpose of the award; and

11) Other information or provisions deemed necessary by PHMSA.

F.2 Administrative and National Policy Requirements

The administration of this award by PHMSA and the Recipient will be based on the following Federal statutory and regulatory requirements:

1) The authorizing language of the Consolidated Appropriations Act, 2016, P.L.114-113 (the Act).

2) 2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards.

3) The Recipient must comply with 49 CFR part 20, "New Restrictions on Lobbying." 49 CFR part 20 is incorporated by reference in this award and is available at www.gpoaccess.gov/ecfr/ by clicking on Title 49 CFR part 20.

4) The Recipient must comply with Title VI of the Civil Right Act of 1964, which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.

5) The Recipient must comply with 49 CFR part 21, “Nondiscrimination in Federally-Assisted

Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights

Act of 1964.” 49 CFR part 21 is incorporated by reference into this award. 49 CFR and is available at: www.gpoaccess.gov/ecfr/ by clicking on Title 49 CFR part 21.

6) The Recipient must comply with 49 CFR part 32, “Government wide Requirements for Drug

Free Workplace (Financial Assistance),” which implements the requirements of Public Law

100-690, Title Subtitle D, “Drug-Free Workplace Act of 1988.” 49 CFR part 32 is incorporated by reference in this award and is available at: www.gpoaccess.gov/ecfr/ by clicking on Title 49

CFR part 32.

F.3 Reporting

Bi-Annual Report(s) - Each grant recipient is required to submit a bi-annual (twice-yearly) Federal financial report (SF-425) and a bi-annual progress report. Bi-annual financial reports are to be submitted electronically and the progress report are to be submitted via email at

ALERT.grants@dot.gov. The reports are due no later than 30 days after the project period end date.

Progress reports must follow the instructions outlined in the terms and conditions of the grant award and must include:

1. A summary of the activities and outputs that have taken place during the reporting period. This should include, at a minimum, the number of courses delivered during the period of performance, along with the number of students trained, the city and state where the training took place and the employer or state the students are emergency responders in.

2. The challenges that the grantee has faced and the strategies implemented to mitigate those challenges.

3. An updated timeline of grant activities projected to take place for the remainder of the grant period of performance.

4. As available, impact statements or analysis, from instructors, public sector responders or other stakeholders regarding the impact that current period of performance grant activities have had on protecting people and the environment from the risks of hazardous materials transportation.

Final Report(s) - Each recipient is required to submit a final progress report and final Federal financial report (Final SF-425). Final financial reports are to be submitted electronically and progress reports are submitted by email at HMIT.grants@dot.gov. The reports are due no later than 90 days after the performance period has ended.

Final reports must follow the instructions outlined in the terms and conditions of the grant award. Final performance reports are to be submitted via email as directed by the terms and conditions of the grant award, and must include:

1. A summary of the activities and outputs that took place during the period of performance. This should include the total number and type of courses delivered during the period of performance, along with the number of students trained, the city and state where the training took place. Final reports should also include a list of employers or state who represent the students trained. If the projected outputs listed in the approved project narrative were not met, an explanation should be provided.

2. The challenges that the grantee faced, and the strategies taken to mitigate such challenges.

3. A completed timeline of the activities that took place during the completed period of performance.

4. As available, impact statements or analysis, from training instructors, public sector responders or other stakeholders regarding the impact current period of performance grant activities have had on protecting people and the environment from the risks of hazardous materials transportation.

All applications and reports will be made available to the public upon request.

mailto:HMIT.grants@dot.gov

SECTION G - FEDERAL AWARDING AGENCY CONTACTS

Primary Point of Contact:

Shaukat Mirza, Agreement Specialist

Phone: (202) 366-2523

Email: Shaukat.mirza@dot.gov

Secondary Point of Contact:

Dwayne Cross, Agreement Officer

Phone: (202) 366-4429

Email: Dwayne.cross@dot.gov

NOTE: All questions related to the content of this funding opportunity MUST be submitted via the

Message Center in FedConnect. Please do not send questions via email.

Only for technical issues or questions related to FedConnect, please email support@fedconnect.net or call 1-800-899-6665.

Only for technical issues or questions related to Grants.gov, please email support@grants.gov or call

800-518-4726 mailto:Shaukat.mirza@dot.gov mailto:Dwayne.cross@dot.gov

AGREEMENT 693JK319NF0010

ATTACHMENT 1

US DOT PHMSA Page 1 of 15

Tentative Grant and Cooperative Agreement - Award Terms and Conditions (updated March 25, 2019)

Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA)

Hazardous Materials Grants

Grant and Cooperative Agreement Terms and Conditions

Table of Contents

1. Definitions

2. Recipient Responsibilities

3. Compliance with Award Terms and Conditions

4. Order of Precedence

5. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200)

6. Restrictions on Use of Funds for Lobbying, Support of Litigation, or Direct Advocacy 3

7. Nondiscrimination

8. Government-wide Debarment and Suspension (Non-procurement)

9. Drug-Free Workplace

10. eInvoicing (PHMSA June 2018)

11. Payments

12. Advance Payments…………………………………………………………………………..6

13. Advance Payment Process…………………………………………………………………..7

14. Adherence to Original Project Objectives and Budget Estimates

15. Prior Approvals

16. Contracting with Small Businesses, Small Minority-Disadvantaged Businesses, and Small Businesses which are Women-Owned, Veteran-Owned, Disabled Veteran-Owned or located in HubZone Areas

17. Seat Belt Use Policies and Programs

18. Ban on Text Messaging While Driving

19. Rights in Technical Data …………………………………………………………………10

20. Notice of News Releases, Public Announcements, and Presentations ..…………………10

21. Violation of Award Terms .……………………………………………………………….10

22. Reporting Fraud, Waste, or Abuse ….……………………………………………………10

23. Reporting Grantee Executive Compensation/First Tier Sub-Awards (PHMSA Oct, 2010) ……………………………………………………………………………………………..10

24. 811, Call Before You Dig Program (PHMSA June 2014)

25. Access to Electronic and Information Technology (PHMSA DEC 2013)

26. Combating Trafficking in Persons (PHMSA JULY 2016)

27. Prohibition on Awarding to Entities that Require Certain Internal Confidentiality Agreements (PHMSA FEB 2015)

28. Copyrights

29. Reporting

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1. Definitions

a) Recipient – A non-Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term “recipient” does not include subrecipients.

b) Program Authorizing Official (PAO) – The PAO is the delegated authority to execute the grant agreement. Should any changes to the scope, budget, schedule, or any other terms become necessary, the PAO in coordination with the AO has the authority to amend the award agreement.

c) Agreement Officer (AO) – The AO has the authority to obligate the Government to the expenditures of Federal funds under this award.

d) Grant Specialist (GS) – The GS is responsible for the daily administration of the award. The GS is NOT AUTHORIZED to change the scope, budget, specifications, and terms and conditions as stated in the award, to make any commitments that otherwise obligates the Government or authorize changes which affect the award budget, delivery schedule, period of performance, or other terms and conditions.

e) Recipient Authorized Grantee Official – The individual with the Recipient organization who has authority to legally and financially bind the organization. It is the Recipient’s responsibility to follow their agency’s policies and procedures for ensuring that authorized officials are up to date, sign the grant agreement, and endorse any prior approval actions.

f) Recipient Project Director – The individual designated by the recipient who is responsible for the technical direction of the program or project.

2. Recipient Responsibilities

In accepting a PHMSA financial assistance award (grant or cooperative agreement), the Recipient assumes legal, financial, administrative, and programmatic responsibility for administering the award in accordance with the laws, rules, regulations, and Executive Orders governing grants and cooperative agreements, and these Award Terms and Conditions, including responsibility for complying with any provisions included in the award.

3. Compliance with Award Terms and Conditions

Submission of a signed Request for Reimbursement (payment request) form constitutes the Recipient’s agreement to comply with and spend funds consistent with all the terms and conditions of this award. If PHMSA determines that noncompliance by the Recipient cannot be remedied by imposing additional conditions, PHMSA may take one or more of the following actions, as appropriate in the circumstances:

a) Temporarily withhold cash payments pending correction of the deficiency by the Recipient.

b) Disallow all, or part of, the cost of the activity or action not in compliance.

c) Wholly or partly suspend or terminate the Federal award.

d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180.

e) Withhold further Federal awards for the project or program.

f) Take other remedies that may be legally available.

4. Order of Precedence

Any inconsistency or conflict in the terms and conditions specified in this award will be resolved according to the following order of precedence:

US DOT PHMSA Page 3 of 15

a) The Federal statute authorizing this award or any other Federal statutes, laws, regulations or directives directly affecting performance of this award.

b) Terms and Conditions of this award.

5. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200) The recipient (and any subrecipients) must comply with these requirements including the cost principles which apply to the recipient, and the audit requirements the recipient must follow. A recipient which expends $750,000 or more of federal funds, in the recipient’s fiscal year, must have an audit conducted.

2 CFR 200 is incorporated by reference into this award

6. Restrictions on Use of Funds for Lobbying, Support of Litigation, or Direct Advocacy The Recipient and its contractors may not use grant funds for lobbying in direct support of litigation, or in direct advocacy for, or against, a pipeline construction or expansion project.

The Recipient and its contractors may not conduct political lobbying, as defined in the statutes, regulations, and 2 CFR 200.450– “Lobbying,” within the Federally-supported project. The Recipient and its contractors may not use Federal funds for lobbying specifically to obtain grants and cooperative agreements. The Recipient and its contractors must comply with 49 CFR 20, U.S. Department of Transportation “New Restrictions on Lobbying.”

49 CFR 20 is incorporated by reference into this award.

7. Nondiscrimination The Recipient must comply with Title VI of the Civil Right Act of 1964, which provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, be subject to discrimination under any program or activity receiving Federal financial assistance. The Recipient must comply with 49 CFR 21, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964”

49 CFR 21 is incorporated by reference into this award.

In an effort to ensure that all Recipients of PHMSA funds are aware of their responsibilities under the various civil rights laws and regulations, the PHMSA Office of Civil Rights has developed an information tool and training. These documents are found on the PHMSA website at https://www.phmsa.dot.gov/about-phmsa/civil-rights/grant-recipient-information. If you should have any questions concerning your responsibilities under the External Civil Rights Program, please contact Rosanne Goodwill, Civil Rights Director, at 202-366-9638 or by e-mail at rosanne.goodwill@dot.gov.

8. Government-wide Debarment and Suspension (Non-procurement) The Recipient must review the “list of parties excluded from federal procurement or non-procurement programs” located on the System for Award Management (SAM) website before entering into a sub-award. https://www.sam.gov No sub-award may be issued to an http://www.ecfr.gov/cgi-bin/text-idx?SID=fb675fb7932e3ccc3915e771986e9f6a&node=pt2.1.200&rgn=div5&se2.1.200_1450 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=33d8e718658ee9a638551ee6308aac26&rgn=div5&view=text&node=49%3A1.0.1.1.14&idno=49 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=33d8e718658ee9a638551ee6308aac26&rgn=div5&view=text&node=49%3A1.0.1.1.15&idno=49 http://www.phmsa.dot.gov/about-mailto:rosanne.goodwill@dot.gov https://www.sam.gov/

US DOT PHMSA Page 4 of 15 entity or person identified in the “list of parties excluded from federal procurement or non-procurement programs.”

2 CFR 1200 “Non-procurement Suspension and Debarment” is incorporated by reference into this award.

The Recipient must inform the PAO if the recipient suspends or debars a sub-awardee.

9. Drug-Free Workplace

The Recipient must comply with the provisions of Public Law 100-690, Title V, Subtitle D, “Drug-Free Workplace Act of 1988,” which require the Recipient to take steps to provide a drug-free workplace. The Recipient must comply with 49 CFR 32, “Government-wide Requirements for Drug Free Workplace (Financial Assistance)” which is incorporated by reference into this award.

10. eInvoicing (PHMSA June 2018)

Recipients of PHMSA grants and cooperative agreementsmust use the DOT Delphi eInvoicing System.

a) Recipients’ Requirements:

Recipients must:

i. have internet access to register and submit payment requests through the Delphi eInvoicing system.

ii. submit payment requests electronically, and receive payment electronically.

b) System User Requirements:

i. Contact the assigned grant specialist directly to sign up for the system. PHMSA will provide the recipient’s name and email address to the DOT Financial Management Office. The DOT Financial Management Office will then invite the recipient to sign up for the system.

ii. DOT will send the recipient a User Account Application form to verify identity.

The recipient must complete the form, and present it to a Notary Public for verification. The recipient will return the notarized form as follows:

Via U.S. Postal Service (certified):

DOT Enterprise Services Center FAA Accounts Payable, AMZ-100 PO Box 25710 Oklahoma City, OK 73125

Via FedEx or UPS:

DOT Enterprise Services Center

MMAC-FAA/ESC/AMZ-150

6500 S. MacArthur Blvd.

Oklahoma City, OK 73169

Note: Additional information, including training materials, and helpdesk support can be found on the DOT Delphi eInvoicing website (http://www.transportation.gov/cfo/delphi-einvoicing-system.html)

c) Waivers http://www.ecfr.gov/cgi-bin/text-idx?SID=3c977723715770f312d27c5d38f98c6e&node=pt2.1.1200&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=33d8e718658ee9a638551ee6308aac26&rgn=div5&view=text&node=49%3A1.0.1.1.25&idno=49 http://www.transportation.gov/cfo/delphi-einvoicing-system.html

US DOT PHMSA Page 5 of 15

DOT Financial Management officials may, on a case by case basis, waive the requirement to register, and use, the electronic payment system. Waiver request forms can be obtained on the DOT eInvoicing website (http://www.transportation.gov/cfo/delphi-einvoicing-system.html) or by contacting the PHMSA Agreement Officer. Recipients must explain why they are unable to use or access the internet to submit payment requests.

11. Payments

Reimbursement payments will be made after the electronic receipt via the DOTeInvoicing System of “Request for Advance or Reimbursement” (Standard Form SF-270).

a) Method of payment

i) The Government will make all payments under this agreement by electronic funds transfer (EFT), except as provided by paragraph (a)(ii) of this clause.

As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

ii) If the Government is unable to release one or more payments by EFT, the Recipient agrees either to –

i) Accept payment by check or some other mutually agreeable method of payment; or

ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph d. of this clause).

b) Recipient’s EFT information. The Government will make payment to the Recipient using the EFT information contained in the System for Award Management (SAM) database. If the EFT information changes, the Recipient is responsible for providing the updated information into the System for Award Management (SAM) at:

https://www.sam.gov

c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.

d) Suspension of payment.