PKG00260815-instructions.pdf

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9/11 Memorial Act Grant Program
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U.S. Department of the Interior National Park Service

Financial Assistance

Notice of Funding Opportunity (NOFO)

Program Title 9/11 Memorial Act Grant Program Notice of Funding Opportunity Number: P20AS00055 Announcement Type: Initial CFDA Number: TBD

Issue Date: April 7, 2020 Application Due Date: May 15, 2020 Time AM/PM Zone 11:59 PM ET

Agency Contact Information Questions and Requests Name Karyn Ferro Name Duey Kol Address Acting Program Manager

Office of Partnerships and Philanthropic Stewardship National Park Service 1849 C Street, NW Washington, DC 20240

Address Partnership Program Coordinator Office of Partnerships and Philanthropic Stewardship National Park Service 1849 C Street, NW Washington, DC 20240

Phone 202 354-2172 Phone 202-641-8424 Email karyn_ferro@nps.gov Email duey_kol@nps.gov

Table of Contents

Section A: Program Description ................................................ Error! Bookmark not defined.

Section B: Federal Award Information ...................................... Error! Bookmark not defined.

Section C: Eligibility Information ............................................. Error! Bookmark not defined.

1. Eligible Applicants............................................................. Error! Bookmark not defined.

2. Cost Sharing or Matching .................................................. Error! Bookmark not defined.

3. Other .................................................................................. Error! Bookmark not defined.

Section D: Application and Submission Information ................ Error! Bookmark not defined.

1. Address to Request Application Package .......................... Error! Bookmark not defined.

2. Contents and Form of Application Submission ................. Error! Bookmark not defined.

3. Unique entity identifier and System for Award Management (SAM) .... Error! Bookmark not defined.

4. Submission Dates and Times ............................................. Error! Bookmark not defined.

5. Intergovernmental Review

6. Funding Restrictions .......................................................... Error! Bookmark not defined.

7. Other Submission Requirements........................................ Error! Bookmark not defined.

Section E: Application Review Information .............................. Error! Bookmark not defined.

1. Criteria ............................................................................... Error! Bookmark not defined.

2. Review and Selection Process ........................................... Error! Bookmark not defined.

3. Evaluation of Applicant Risk ............................................. Error! Bookmark not defined.

4. Anticipated Announcement and Federal Award Dates ...... Error! Bookmark not defined.

Section F: Federal Award Administration Information ............. Error! Bookmark not defined.

1. Federal Award Notices ...................................................... Error! Bookmark not defined.

2. Administrative and National Policy Requirements............ Error! Bookmark not defined.

3. Reporting........................................................................... Error! Bookmark not defined.

Section G: Federal Awarding Agency Contacts ........................ Error! Bookmark not defined.

Section H: Other Information: ................................................... Error! Bookmark not defined.

Appendix A - Application Package Forms SF 424, SF 424A, SF 424B Appendix B - NPS Standard and Special Award Terms and Conditions

Section A: Program Description

Federal Agency Name: Department of the Interior, National Park Service

Funding Opportunity Title: 9/11 Memorial Act Grant Program

Funding Opportunity Number: P20AS00055

Catalog of Federal Domestic Assistance (CFDA) Number: TBD

Legislative Authority: 9/11 Memorial Act (H.R.6287 / Public Law 115-413, 132 STAT. 5427- 29): To provide competitive grants for the operation, security, and maintenance of certain memorials to victims of the terrorist attacks of September 11, 2001.

Federal Regulations: 2 C.F.R. § 200, 2 C.F.R. § 1402

Program Background Information and Objectives:

The 9/11 Memorial Act Grant Program provides competitive grants for the continued operation, security, and maintenance of the on-site memorials of the events and victims of the September 11, 2001. For the purposes of this grant, these on-site memorials are referred to as “covered memorials”. A “covered memorial” is defined as a memorial located in the United States established to commemorate the events of, and honor the victims of, the terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001, at the sites of the attacks. In addition, covered memorials must offer free admission to active and retired members of the military, registered first responders to the 9/11 attacks, and family members of victims of the attacks as well as offer free admission hours to the general public at least once per week.

Secretary of the Interior Priorities:

This program supports Secretary of the Interior priorities:

• Modernizing our infrastructure: Remove impediments to infrastructure development and facilitate private sector efforts to construct infrastructure projects serving American needs;

• Restoring trust with local communities: Expand the lines of communication with Governors, state natural resource offices, Fish and Wildlife offices, water authorities, county commissioners, Tribes, and local communities.

Section B: Federal Award Information

Anticipated Federal Funding: $2 million

Non-Federal Entity Cost Share:

The non-Federal entity must provide a cost match of minimum ratio of 1:1 of the total project cost. Contributions for cost match must be made from non-Federal sources which may include cash, in-kind contributions or services, or materials.

Estimated Number of Agreements to be Awarded: 4-10 Each activity or project under this agreement will be treated individually, with more detail through project statements, project plans and budgets developed cooperatively between the NPS and the non-Federal entity.

Estimated Amount of Funding Available Per Award:

An estimated range of $200,000 to $400,000 of funding is anticipated for each award. The amount of funding available per award for this NOFO will be determined as part of the application review process based on applications received and funding made available through appropriations.

Anticipated Start Date:

Projects receiving funding through this NOFO will start once funding has been secured and awards have been made. Do not anticipate a start date sooner than summer of 2020.

Anticipated Term of the Agreement:

Agreement terms for funded projects are estimated to range between 1-3 years, depending on the negotiated project statement of work. Agreements are not effective until fully executed with signature from the NPS Financial Assistance Awarding Officer.

Grant Agreement:

A legal instrument of financial assistance between The National Park Service and a non-Federal entity that, consistent with 31 U.S.C. § 6302, 6304:

(1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency to the non-Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. § 6101(3)); and not to acquire property or services for the Federal awarding agency’s direct benefit or use;

(2) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass-through entity and the non- Federal entity in carrying out the activity contemplated by the Federal award.

Substantial Involvement:

No substantial involvement on the part of the National Park Service is anticipated.

Data Availability:

1) Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions.

2) Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.

3) Availability of Data. The recipient shall make the data produced under this award and any subaward(s) available to the Government for public release, consistent with applicable law, to allow meaningful third party evaluation and reproduction of the following:

(a) The scientific data relied upon;

(b) The analysis relied upon; and

(c) The methodology, including models, used to gather and analyze data.

Conflict of Interest:

1) Applicability.

(a) This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.

(b) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR

200.318 apply.

2) Requirements.

(a) Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement.

(b) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement.

(c) No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient.

3) Notification.

(a) Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR 200.112, Conflicts of interest.

4) Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352.

5) Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

6) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the

Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180).

Other Information:

Applications for renewal or supplementation of existing projects are not eligible to compete with applications for new Federal awards.

Section C: Eligibility Information

Application Due Date: May 15, 2020, 11:59 PM ET An applicant's failure to meet an eligibility criterion by the time of the application deadline will result in the application being excluded from consideration. This includes but is not limited to late and incomplete application packages and incomplete registrations with sam.gov or grants.gov.

1. Eligible Applicants Eligible entities are limited to official 501(c)3 organizations. The term “eligible entity” means the official organization, as in existence on the date of enactment of this Act and organized as follows:

(A) the focus of which is the operations and preservation of a covered memorial; and

(B) which is an organization described in section 501(c)(3) of the Internal Revenue Code of

1986 and exempt from taxation under 501(a) of that Code.

Eligible entities must own and/or operate a covered memorial, as defined above. In awarding grants, the Secretary of the Interior shall give greatest weight in the selection of eligible entities using the following criteria:

1. The needs of the eligible entity, and ability and commitment of the eligible entity to use grant funds, with respect to ensuring the security and safety of visitors of the covered memorial.

2. The ability of the eligible entity to match the amount of the grant, on at least a 1-to-1 basis, with non-Federal assets from non-Federal sources, including cash or durable goods and materials fairly valued, as determined by the Secretary.

3. The greatest number of visitors that would benefit.

4. The ability and commitment of an eligible entity to use grant funds for the following:

• to preserve the grounds at the covered memorial; and

• to educate future generations.

5. The ability and commitment of an eligible entity to use grant funds to increase the numbers of economically disadvantaged visitors to the covered memorial.

2. Cost Sharing or Matching In accordance with the 9/11 Memorial Act, the grant projects must be cost shared with non-federal funds at a minimum ratio of 1:1.

3. What Is Not Funded No grant shall be awarded for use at a covered memorial that does not provide for:

• Free admission to all facilities and museums associated with the covered memorial for active and retired members of the military, registered1 first responders to the attacks of

1 The term “registered” first responders is defined as any individuals who served as first responders during the September 11 attacks and have registered for the federal government programs for affected 9/11 responders, September 11, 2001, and family members of victims of the attacks of September 11, 2001; and

• Dedicated free admission hours for the general public at least once a week; and

• Annual Federal audits of the financial statements of the eligible entity, including revenues associated with ticket sales, charitable donations, grants, and all expenditures on salaries and operations, which shall be subject to review by the Secretary and made available to the public.

Section D: Application and Submission Information

1. Application Package An Application Package has been included within this NOFO for your convenience, found in Appendix A. The Application Package contains four mandatory forms, which must be submitted with your proposal, forms include: form SF-424 (Application for Financial Assistance), form SF- 424A or C (Budget Information), form SF-424B or D (Assurances), and SF-LLL (Lobbying).

The Application Package can also be accessed and downloaded from the Synopsis page of this announcement in Grants.gov. Applicants may also request paper copies of application materials by contacting the Awarding Agency using the information provided in Section G of this NOFO.

2. Contents and Form of Application Submission You must complete the mandatory forms and any applicable optional forms, in accordance with the instructions below, as required by this Notice of Funding Opportunity. Do not include any proprietary or personally identifiable information. A complete application should include:

Standard Form 424 (SF 424) - Application for Federal Assistance Complete this form as much as possible with all applicable information.

• Standard Form 424 (SF 424) - Application for Federal Assistance Complete this form as much as possible with all applicable information.

• Standard Form 424A or C (SF 424A/C) - Budget Information Applicants must provide an estimated cumulative budget for the total project in the proposal. The estimated budget must align with the projected scope of work presented in the application.

• Standard Form 424B or D (SF 424B/D) – Assurances This form must be signed and submitted with your application.

• Standard Form LLL - Disclosure of Lobbying Activities

In accordance with 43 C.F.R. § 18 and 31 U.S.C. § 1352 this form must be completed and signed if the amount of the Federal award is anticipated to exceed $100,00.00.

including the World Trade Center Health Program (WTCHP) and the September 11th Victim Compensation Fund

(VCF).

• Project Narrative - Proposal Submission Format The proposal is a narrative description that should specifically address each of the review criteria (see Section E). The proposal text must be no longer than 20 pages, no smaller than font size 11, and have 1-inch margins. The 20-page limit includes all text, figures, references, and resumes (Forms SF-424, SF-424A, SF-424B, SF-LLL, and the statement of indirect charges are not counted as part of the 20 page limit). Additionally, only information that is pertinent to the proposal should be included.

• Indirect Costs If your proposed budget includes indirect costs, the rate as proposed must meet the requirements of 2 CFR Part 200, Section 200.414 and 2 CFR Part 200, Appendix III through Appendix VII as applicable. A negotiated indirect cost rate agreement must be provided with your proposal. Proposals that fail to document their indirect costs may have those costs disallowed.

• Other Documents Required by the Program - All applicants must provide a statement to identify whether or not any overlap exists between the proposed project and any other active or anticipated projects in terms of activities, costs, or time commitment of key personnel, including any application that was submitted for funding consideration to any other potential funding source (Federal or non-Federal). If no overlap or duplication exists, a sample statement to satisfy this requirement might be: “[Insert Applicant Name] affirms that no overlap or duplication exists between the proposed project in this application and any other active or anticipated project in terms of activities, costs, or time commitment of key personnel, including any application that was submitted for funding consideration to any other potential funding source (Federal or non-Federal).” If any overlap or duplication does exist, applicants must provide a description of the overlap including when the overlapping or duplicative proposal(s) were submitted, to whom (entity and program), and when funding decisions are expected to be announced. The statement and the description of overlap or duplication, when applicable, may be provided within the proposal or as a separate attachment to the application. If at any time a proposal is awarded funds that would be overlapping or duplicative of the funding requested from NPS, the applicant must immediately notify the NPS point of contact. Any overlap or duplication of funding between the proposed project and other active or anticipated projects may impact selection and/or funding amount.

As required, identify any other documentation that applicants must provide as part of their overall application package. In accordance with 2 C.F.R. § 200.206, only OMB approved application information collection may be used.

If selected for award, NPS reserves the right to request additional or clarifying information for any reason deemed necessary, including, but not limited to:

(a) Other budget information

(b) Financial capability

(c) Evaluation of risk

(d) Name and phone number of the Designated Responsible Employee for complying with national policies prohibiting discrimination (See 43 C.F.R. § 17)

3. Unique entity identifier and System for Award Management (SAM) Each applicant (unless exempt under 2 CFR §25.110) is required to:

(a) Be registered in SAM;

(b) Provide a valid unique entity identifier in its application (currently a DUNS number);

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

Registration processes for SAM can be found at https://www.sam.gov

A financial assistance agreement will not be made with a non-Federal entity until the non- Federal entity has complied with all applicable unique entity identifier and SAM requirements.

If a non-Federal entity has not fully complied with the requirements by the time that an agreement is ready for award, a determination may be made that the applicant is not qualified to receive a Federal award. That determination may be used as a basis for making a Federal award to another applicant.

In addition, in order to submit an application through Grants.gov an applicant must have an active SAM registration and register for submission permissions through the Grants.gov website.

Utilize the following link to guide you through this process:

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

4. Submission Dates and Times Applicants are held responsible for their proposals being submitted to the National Park Service.

Applications must be received by May 15, 2020, 11:59 AM ET. Applicants are encouraged to submit the application well before the deadline.

Application preparation time may take several weeks, so please start the application process as soon as possible. Applications received after the deadline will not be reviewed or considered for award. If it is determined that a proposal was not considered due to lateness, the applicant will be notified during the selection process.

5. Intergovernmental Review This funding opportunity is not subject to Executive Order (EO) 12372 “Intergovernmental Review of Federal Programs.” Applicants subject to EO 12372 must contact their State’s Single Point of Contact (SPOC) to find out about and comply with the State’s process. The names and addresses of the SPOC’s are listed in the OMB’s home page at:

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

6. Funding Restrictions https://fedgov.dnb.com/webform https://www.sam.gov/ http://www.grants.gov/ http://www.grants.gov/web/grants/applicants/organization-registration.html http://www.whitehouse.gov/omb/grants_spoc/

Costs incurred by the applicant prior to the start date of the period of performance of a signed Federal award are only allowable with written approval by a Financial Assistance Awarding Officer.

7. Other Submission Requirements Applications must be submitted through Grants.gov to the National Park Service by 11:59 PM on May 15, 2020. Applications submitted by other means or not received by the deadline will not be considered.

In the event the applicant experiences technical difficulties with submitting their application, please contact: duey_kol@nps.gov or 202-641-8424. Issues with Grants.gov should be resolved by calling 1-800-518-4726 or visiting their online help desk. Document any issues with submission carefully.

START THIS PROCESS EARLY DON’T DELAY!

Section E: Application Review Information

1. Criteria NPS will evaluate and consider only those applications that separately address each of the merit review criteria. Each applicant is required to provide a detailed narrative, in accordance with section D.2., of the following criteria elements. It is HIGHLY recommended that the project narrative have sections labeled as follows:

Criterion 1 Maximum 25 Points Project Need This criterion will assess the degree to which the applicant adequately demonstrates valued and commitment to provide for the operation, security, and maintenance of certain memorials to victims of the terrorist attacks of September 11, 2001.

Criterion 2 Maximum 25 Points Project Impact This criterion will assess the degree to which the applicant adequately demonstrates valued and commitment to reach the greatest number of visitors that would benefit.

Criterion 3 Maximum 25 Points Project Budget This criterion will assess the reasonableness of the costs included in the project’s budget, whether the budget seems realistic for the scope of work, and the availability of or firmness of commitments for the full amount of funds needed to complete the project, including any match commitment(s) that minimally meet the 1:1 requirement.

Criterion 4 Maximum 25 Points Secretary of Interior Priorities

The degree to which the applicant adequately demonstrates valued and commitment to identify which of the Secretary of the Interior priorities, noted in Section A, Program Description aligns with, and provide detail as to how project meets the priorities.

2. Review and Selection Process NPS personnel, and in some cases independent federal reviewers, will review all proposals. All proposals for funding will be considered using the criteria outlined above. A summary of the review panel comments may be provided to the applicant if requested.

a. Initial Review Prior to conducting the comprehensive merit review, an initial review will be performed to determine whether: (1) the applicant is eligible for an award; (2) the information required by the NOFO has been submitted; (3) all mandatory requirements of the NOFO are satisfied;

and (4) the proposed project is responsive to the program objectives of the NOFO (program determination). If an applicant fails to meet the requirements or objectives of the NOFO, or does not provide sufficient information for review, the applicant will be considered non-responsive and eliminated from further review.

b. Comprehensive Merit Review All applications that satisfactorily pass the initial review will be eligible for the Comprehensive Merit Review. Each criteria element will be scored on a 0-25 point scale.

The scoring of each criterion must be based on the strengths and weaknesses of the application narrative. The following table details the point structure and guidelines assigning an appropriate score:

Rating Points Descriptive Statement

Superior 25 Applicant fully addresses all aspects of the criterion, convincingly demonstrates that it will meet the Government's performance requirements, and demonstrates no weaknesses.

Good 20 Applicant fully addresses all aspects of the criterion, convincingly demonstrates a likelihood of meeting the Government's requirements, and demonstrates only a few minor weaknesses.

Satisfactory 15 Applicant addresses all aspects of the criterion and demonstrates the ability to meet the Government's performance requirements. The Application contains weaknesses and/or several minor weaknesses.

Marginal 10 Applicant addresses all aspects of the criterion and demonstrates the ability to meet the Government's performance requirements. The Application contains significant weaknesses and/or significant minor weaknesses.

Poor 5 The likelihood of successfully meeting the Government's requirements. Significant weaknesses are demonstrated and clearly outweigh any strength presented.

Not Acceptable

0 Applicant does not address all aspects of the criterion and the information presented indicates a strong likelihood of failure to meet the Government's requirements.

c. Selection The Selection Official may consider the merit review recommendation, program policy factors, and the amount of funds available to select applications for funding. All proposals for funding will be considered using the criteria outlined above. A summary of the review panel comments may be provided to the applicant if requested.

d. Discussions and Award The Government may enter into discussions with a selected applicant for any reason deemed necessary, including, but not limited to: (1) only a portion of the application is selected for award; (2) the Government needs additional information to determine that the applicant is capable of complying with the requirements of DOI Financial Assistance Regulations, and/or

(3) additional specific terms and conditions are required. Failure to satisfactorily resolve the issues identified by the Government may preclude award to the applicant.

3. Evaluation of Applicant Risk In accordance with 2 C.F.R. § 200.205, applications selected for funding will be subject to a pre-award risk assessment which may include a review of information contained within the applicant’s proposal, past audits, Federal Awardee Performance and Integrity Information System (FAPIIS), and/or past performance on previous Federal financial assistance awards.

Negative information that leads to an applicant being designated as “Medium Risk” or “High Risk” may result in specific conditions, as identified in 2 C.F.R. § 200.207, being incorporated into the final award.

Section F: Federal Award Administration Information

1. Federal Award Notices Upon being selected for the award, successful applicants will receive a notification of the selection of their application for funding. The NPS will notify the applicants selected for award by July 31, 2020. A notice of selection is not an authorization to begin performance on an agreement. This notice will detail the next steps in the awarding process. Once all clearances and reviews have been conducted, a grant agreement will be sent for signature.

Work cannot begin before the non-Federal entity receives a fully executed copy of the grant agreement which contains the signature of the Financial Assistance Awarding Officer. Any pre-award costs incurred prior to the receipt of a signed agreement or written notice signed by a Financial Assistance Awarding Officer authorizing pre-award costs, is at the applicant’s own risk. A signed grant agreement by a Financial Assistance Awarding Officer is the only authorizing document to begin performance.

Organizations whose applications have not been selected will be advised as promptly as possible.

2. Administrative and National Policy Requirements

a. Code of Federal Regulations (CFR) By accepting Federal financial assistance, the non-Federal entity agrees to abide by the applicable Federal regulations in the expenditure of Federal funds and performance under this program: 2 C.F.R. Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards

b. Standard Award Terms and Conditions Acceptance of a Federal financial assistance award from the Department of the Interior carries with it the responsibility to be aware of and comply with the terms and conditions of the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to, and as approved by the Financial Assistance Awarding Officer. All financial assistance awards are http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=63fa3a961cf535c2c8382c1da1d0f279&node=pt2.1.200&rgn=div5 http://www.ecfr.gov/cgi-bin/text-idx?SID=63fa3a961cf535c2c8382c1da1d0f279&node=pt2.1.200&rgn=div5 subject to the terms and conditions incorporated either directly or by reference in the award document. Code of Federal Regulations/Regulatory Requirements, as applicable, are listed within Appendix B of this announcement (Contact the Financial Assistance Awarding Officer with any questions regarding the applicability of any terms and conditions).

• 2 C.F.R. Part 175 - Trafficking Victims Protection Act of 2000

• 2 C.F.R. Parts 182 & 1401 - Government-wide Requirements for a Drug-Free

Workplace

• 2 C.F.R. Parts 180 & 1400 - Government-wide Debarment and Suspension (Non-procurement)

• 43 CFR. 18 - Restrictions on Lobbying

c. Order of Precedence Any inconsistency in the agreement shall be resolved by giving precedence in the following order: (a) Any national policy requirements and administrative management standards; (b) 2 C.F.R. Part 200, in its entirety; (c) requirements of the applicable OMB Circulars and Treasury regulations; (d) special terms and conditions; (e) all agreement sections, documents, exhibits, and attachments; (f) and the non-Federal Entity’s project proposal.

d. Modifications The agreement may be modified by written agreement signed by both the non-Federal entity’s Authorized Representative and the Financial Assistance Awarding Officer.

Administrative changes (i.e. Financial Assistance Awarding Officer name change, etc.)

which do not change the statement of work, agreement amount, etc., or otherwise affect the non-Federal entity may be signed unilaterally by the Financial Assistance Awarding Officer.

Additionally, a unilateral modification may be utilized if it should become necessary to impose remedies for non- compliance, suspension or termination of the agreement in accordance with 2 CFR 200, Section 200.338 – 200.342.

All other changes shall be made by means of a bilateral modification to the agreement. No oral statement made by any person, or written statement by any person other than the NPS Financial Assistance Awarding Officer shall be allowed in any manner or degree to modify or otherwise effect the terms of the agreement.

e. Payments All applicants must be registered in the System for Awards Management (SAM) prior to award under this NOFO. Instructions for registering for SAM are located at http://www.sam.gov/portal/public/SAM. All applicants must maintain an active SAM registration with current information at all times while they have an active Federal award or an application under consideration.

All applicants must also be registered with, and willing to process all payments through, the Department of the Treasury Automated Standard Application for Payments (ASAP) system.

All non-Federal entities with active NPS financial assistance agreements must be enrolled in ASAP under the appropriate Agency Location Code(s) (ALC) and the Data Universal Number System (DUNS) Number prior to the award of funds. If a non-Federal has multiple http://www.sam.gov/portal/public/SAM

DUNS numbers they must separately enroll within ASAP for each unique DUNS Number and/or Agency. Note that if your entity is currently enrolled in the ASAP system with an agency other than NPS, you must enroll specifically with NPS in order to process payments.

f. Funding Restrictions All funding is contingent upon the availability and appropriation of funds by the United States Congress.

g. Cost Principles:

Costs must be allowable in accordance with the applicable Federal cost principles referenced in 2 CFR Part 200, Subpart E – Cost Principles.

h. Pre-award Costs:

Must comply with 2 CFR Part 200.458 and requires written approval from the Financial Assistance Awarding Officer.

3. Reporting

a. Financial Status Reports:

A report of expenditures is required as documentation of the financial status of awards according to the official accounting records of the non-Federal entity. The financial information will be reported by completing and submitting the Federal Financial Report (FFR), SF425. At a minimum, financial reports will be required annually and shall be submitted within 90 calendar days after the end of the annual reporting period. The Financial Assistance Awarding Officer may designate a reporting schedule requiring more frequent reporting based on the assessment of risk. The reporting requirements will be defined within the grant agreement. A final FFR shall be submitted no more than 90 calendar days after the end date of the agreement.

The FFR can be downloaded at:

http://www.whitehouse.gov/omb/grants/standard_forms/ffr.pdf

The NPS Financial Assistance Awarding Officer will review the report for patterns of cash expenditures and assess whether performance or financial management problems exist.

Before submitting the FFR to the NPS Financial Assistance Awarding Officer, the non- Federal entity must ensure that the information submitted is accurate, complete, and consistent with the non-Federal entity’s accounting system. The non-Federal entity’s Authorized Certifying Official’s signature on the FFR certifies that the information in the FFR is correct and complete and that all outlays and obligations are for the purposes set forth in the agreement documents, and represents a claim to the Federal Government. Filing a false claim may result in the imposition of civil or criminal penalties.

b. Performance Reports:

A report of performance is required as documentation of performance towards the accomplishments of the Federal award and detailing project activity and participant profile information. At a minimum, performance reports will be required annually and shall be http://www.whitehouse.gov/omb/grants/standard_forms/ffr.pdf submitted within 90 calendar days after the end of the annual reporting period. The Financial Assistance Awarding Officer may designate a reporting schedule requiring more frequent reporting based on the assessment of risk. The reporting requirements will be defined within the grant agreement. A final performance report shall be submitted no more than 90 calendar days after the end date of the agreement.

In accordance with 2 C.F.R. 200 § 200.328, the performance reports shall contain brief information on:

(1) A comparison of actual accomplishments to the objectives of the Federal award established for the period. Where the accomplishments of the Federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) may be required if that information will be useful. Where performance trend data and analysis would be informative to the Federal awarding agency program, the Federal awarding agency should include this as a performance reporting requirement;

(2) The reasons why established goals were not met, if appropriate; and

(3) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.

Before submitting the performance report to the NPS Financial Assistance Awarding Officer, the non-Federal entity must ensure that the information submitted is accurate, complete, and consistent with the non-Federal entity’s Federal financial report. Filing false information may result in the imposition of civil or criminal penalties.

c. Non-Compliance:

Failure to comply with the reporting requirements contained in an agreement may be considered a material non-compliance with the terms and conditions of the award. Non-compliance may result in withholding of future payments, suspension or termination of the agreement, recovery of funds paid under the agreement, and the withholding of future awards. The specific information regarding type, frequency and means of submission of post- Federal award reporting requirements will be contained in the award document.

4. Reporting Matters Related to Recipient Integrity and Performance:

If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings in accordance with Appendix XII to 2 C.F.R. 200.

http://www.ecfr.gov/cgi-bin/text-idx?SID=9c3f1f088a2ef78a524a9c28e4cd43b0&mc=true&node=ap2.1.200_1521.xii&rgn=div9

Section G: Federal Awarding Agency Contact

Agency Contact Information:

Name: Karyn Ferro, Acting Program Manager

Office of Partnerships and Philanthropic Stewardship Address: National Park Service, 1849 C Street, NW, MS 1351, Washington, DC 20240 Phone: 202 354-2172 E-mail: karyn_ferro@nps.gov

Questions and Requests pertaining to this Notice of Funding Opportunity shall be submitted to:

Name: Duey Kol, Acting Program Coordinator

Office of Partnerships and Philanthropic Stewardship Address: National Park Service, 1849 C Street, NW, Washington, DC 20240 Phone: 202-841-2484 E-mail: duey_kol@nps.gov

Section H: Other Information

1. Program Information The 9/11 Memorial Act provides competitive grants to be used by an eligible entity for the operation, security, and maintenance of certain memorials to victims of the terrorist attacks of September 11, 2001. If the Secretary, after review of an application from an eligible entity, determines to award a grant to the eligible entity, the Secretary shall award the grant not later than 60 days after the date of receipt of the completed application.

2. Proprietary and Personally Identifiable Information

a. Notice of Potential Disclosure under Freedom of Information Act Applicants should be advised that identifying information regarding all applicants, including applicant names and/or points of contact, may be subject to public disclosure under the Freedom of Information Act, whether or not such applicants are selected for negotiation of award. Applicants must identify any proprietary information within their applications.

b. Personally Identifiable Information In responding to this NOFO, applicants must ensure that Protected Personally Identifiable Information (PII) is not included in the following documents: Project Abstract, Project Narrative, Biographical Sketches, Budget or Budget Justification. These documents will be used by the Merit Review Committee in the review process to evaluate each application. PII is defined by the Office of Management and Budget (OMB) as:

Any information about an individual maintained by an agency, including but not limited to, education, financial transactions, medical history, and criminal or employment history and information that can be used to distinguish or trace an individual’s identity, such as their name, social security number, date and place of birth, mother’s maiden name, biometric records, etc., including any other personal information that is linked or linkable to an individual. This definition of PII can be further defined as: (1) Public PII and (2) Protected PII.

Public PII:

PII found in public sources such as telephone books, public websites, business cards, university listing, etc. Public PII includes first and last name, address, work telephone number, email address, home telephone number, and general education credentials.

Protected PII:

PII that requires enhanced protection. This information includes data that if compromised could cause harm to an individual such as identity theft.

3. Routine Notices to Applicants

a. Modification or Changes to the Notice of Funding Opportunity Notices of any modifications to this NOFO will be posted on Grants.gov. You can receive an email when a modification or an announcement message is posted. When you download the application at Grants.gov; you can also register to receive notifications of changes through Grants.gov.

b. Government Right to Reject or Negotiate NPS reserves the right, without qualification, to reject any or all applications received in response to this announcement and to select any application, in whole or in part, as a basis for negotiation and/or award.

c. Evaluation and Administration by Non-Federal Personnel In conducting the merit review evaluation, the Government may seek the advice of qualified non-Federal personnel as reviewers. The Government may also use non-Federal personnel to conduct routine, nondiscretionary administrative activities. The applicant, by submitting its application, consents to the use of non-Federal reviewers/administrators. Non-Federal reviewers must sign conflict of interest and non-disclosure agreements prior to reviewing an application. Non-Federal personnel conducting administrative activities must sign a nondisclosure agreement.

d. Notice of Right to Conduct a Review of Financial Capability NPS reserves the right to conduct an independent third party review of financial capability for applicants that are selected for negotiation of award (including personal credit information of principal(s) of a small business if there is insufficient information to determine financial capability of the organization).

Appendix A - Application Package Forms SF 424, SF 424A, SF 424B

Appendix B - NPS Standard and Special Award Terms and Conditions

This appendix provides the standard and special terms and conditions for financial assistance agreements awarded by the National Park Service to assist applicants in developing proposals in response to this Notice of Funding Opportunity. It is the responsibility of the non-Federal entity to review the final terms and conditions incorporated into any resulting financial assistance agreement at the time of award as the terms and conditions in this appendix are subject to change based on executive orders, changes to regulations, or changes to policy. Additional award specific terms and conditions may also be included in any resulting financial assistance agreement based on program requirements or evaluation of applicant risk.

1. PAYMENT

A. Projects will be funded, subject to the availability of funds, by issuance of a grant agreement, cooperative agreement, or master cooperative agreement with subsequent task agreements. An agreement issued and signed by the NPS Financial Assistance Awarding Officer obligates NPS funds. Notification of a successful proposal does not constitute authority to incur costs. Once the grant agreement, cooperative agreement, and subsequent task agreements (if applicable) for a successful proposal has been signed by the NPS Financial Assistance Awarding Officer, the recipient may incur costs as specified in the approved budget submittal.

B. Method of Payment. Payment will be made by advance and/or reimbursement through the Department of Treasury’s Automated Standard Application for Payments (ASAP) system.

1. Requesting Advances. Requests for advances must be submitted via the ASAP system. Requests may be submitted as frequently as required to meet the needs of the Financial Assistance (FA) Recipient to disburse funds for the Federal share of project costs. If feasible, each request should be timed so that payment is received on the same day that the funds are dispersed for direct project costs and/or the proportionate share of any allowable indirect costs. If same–day transfers are not feasible, advance payments must be as close to actual disbursements as administratively feasible.

2. Requesting Reimbursement. Requests for reimbursements must be submitted via the ASAP system. Requests for reimbursement should coincide with normal billing patterns. Each request must be limited to the amount of disbursements made for the Federal share of direct project costs and the proportionate share of allowable indirect costs incurred during that billing period.

3. Adjusting Payment Requests for Available Cash. Funds that are available from repayments to, and interest earned on, a revolving fund, program income, rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds must be disbursed before requesting additional cash payments.

4. Bank Accounts. All payments are made through electronic funds transfer to the bank account identified in the ASAP system by the FA Recipient.

5. Supporting Documents and Agency Approval of Payments. Additional supporting documentation and prior NPS approval of payments may be required when/if a FA Recipient is determined to be “high risk” or has performance issues. If prior Agency payment approval is in effect for an award, the ASAP system will notify the FA Recipient when they submit a request for payment. The Recipient must then notify the NPS Financial Assistance Awarding Officer that a payment request has been submitted. The NPS Financial Assistance Awarding Officer may request additional information from the Recipient to support the payment request prior to approving the release of funds, as deemed necessary. The FA Recipient is required to comply with these requests. Supporting documents may include invoices, copies of contracts, vendor quotes, and other expenditure explanations that justify the reimbursement requests.

B. In order to receive a financial assistance award and to ensure proper payment, it is required that Recipient maintain their registration with the System for Award Management (SAM), accessed at http://www.sam.gov. Failure to maintain registration can impact obligations and payments under this Agreement and/or any other financial assistance or procurements documents the Recipient may have with the Federal government.

C. Any award beyond the current fiscal year is subject to availability of funds; funds may be provided in subsequent fiscal years if project work is satisfactory and funding is available.

D. Allowable and Eligible Costs. Expenses charged against awards under the Agreement may not be incurred prior to the beginning of the Agreement, and may be incurred only as necessary to carry out the approved objectives, scope of work and budget with prior approval from the NPS Financial Assistance Awarding. The Recipient shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date stipulated in the award.

E. Travel Costs. For travel costs charged against awards under the Agreement, costs incurred must be considered reasonable and otherwise allowable only to the extent such costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient’s written travel policy.

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