USDA-FSA-SND-NOCCSP-24-NOFO001411.pdf

Organic Certification Cost Share Programs

Fiscal Year 2024 Full Notice of Funding Opportunity Announcement

Funding Opportunity Numbers: USDA-FSA-SND-NOCCSP-24-NOFO0001411 and

USDA-FSA-SND-AMA-24-NOFO0001410

Catalog of Federal Domestic Assistance Number (CFDA) /Assistance Listing Number (ALN):

10.171

Application Due Date: 7/12/2024

Initial Announcement and Program Solicitation Information

Funding Opportunity Title: Organic Certification Cost Share Programs

Funding Opportunity Numbers: USDA-FSA-SND-NOCCSP-24-NOFO0001411 and USDA-FSA-SND-AMA-

24-NOFO0001410

Announcement Type: Initial

Assistance Listing Number (previously referred to as the Catalog of Federal Domestic Assistance Number):

This program is listed in the System for Award Management (SAM.gov) under 10.171, Organic Certification Cost Share Programs.

Dates: Applications must be received by 11:59 p.m. Eastern Time on July 12, 2024, through Grants.gov.

Applications received after this date may be considered if funds are available.

Executive Summary: The U.S. Department of Agriculture (USDA), Farm Service Agency (FSA), requests applications for the National Organic Certification Cost Share Program (NOCCSP) and the Agricultural Management Assistance (AMA) Organic Certification Cost Share Program, collectively referred to as the OCCSP, for fiscal year (FY) 2024. The purpose of the OCCSP awards is to defray the costs of receiving and maintaining organic certification.

In FY 2024, the available funding for these two programs is approximately $9.5 million for the NOCCSP and $943,000 for the AMA. FSA awards the OCCSP funds to eligible State Agencies* that serve as administering entities, to reimburse organic operations for specific organic certification costs.

This is the initial request for applications, which outlines the eligibility and performance criteria for State Agencies seeking NOCCSP and AMA funding in FY 2024. For eligible certification costs incurred from October 1, 2023, through September 30, 2024, organic operations may request reimbursement until October 31, 2024, unless the State Agency requests and receives approval for a different application deadline. The State Agencies may provide reimbursements to certified organic operators for 75% of the operation’s total allowable certification costs, up to a maximum of $750 per certification scope: crops, livestock, wild crops, handling (i.e., processing), and State Organic Program fees.

* The use of “State Agencies” throughout this document refers to the 50 United States, the District of Columbia, and 5 U.S. Territories including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

Program Highlights

The following highlights apply to the FY 2024 program:

• The application deadline is July 12, 2024. Applications submitted after this deadline may be considered if funding is available.

• The FY 2024 Period of Qualification for organic operations seeking reimbursement is from

October 1, 2023, through September 30, 2024. Applications for reimbursement by producers may be submitted through October 31, 2024, unless the State Agency has received approval to establish a different deadline.

• A certified organic operation may receive reimbursement of 75 percent of its eligible certification costs, up to a maximum of $750 per scope.

• The Period of Performance for State Agencies starts when the grant agreement is fully executed and ends December 31, 2024. State Agencies should only apply if they reasonably expect to be able to process all applications by December 31, 2024. No-Cost Extensions of the Period of Performance will be considered only in rare situations due to unforeseeable circumstances. State Agencies must request No-Cost Extensions at least 10 calendar days before the end of the performance period.

• State Agencies must submit all requests for reimbursement and required reports by April 30, 2025, unless they have received a No-Cost Extension.

• State Agencies that issue subawards to subrecipients must submit the required subrecipient information at the time of application or request prior approval from the Federal Agency at least 30 days prior to execution of the subaward. State Agencies must also submit the name and title of the authorized representative who will sign the grant agreement and SF-3881 on behalf of the State Agency.

1.0 Funding Opportunity Description

1.1 Legislative Authorities

1.2 Purpose

2.0 Award Information

2.1 Type of Federal Assistance

2.2 Type of Applications

2.3 Period of Performance

2.4 Available Funding

2.5 Estimated Grant Amounts

2.6 Definitions

2.6.1 Beneficiary

2.6.2 Certification Scope

2.6.3 Federal Agency

2.6.4 Federal Agency Project Manager

2.6.5 Grant

2.6.6 Pass-through Entity

2.6.7 Recipient

2.6.8 Subrecipient

2.6.9 Recipient Project Coordinator

2.6.10 State

2.6.11 State Agency

2.6.12 Subaward

3.0 Eligibility Information

3.1 Eligible Applicants

3.1.1 National Organic Certification Cost Share Program (NOCCSP)

3.1.2 Agricultural Management Assistance (AMA) Organic Certification Cost Share Program

3.2 Cost-Sharing and Matching

4.0 Application and Submission Information

4.1 Application Package

4.2 Content and Form of Application Submission

4.2.1 SF-424 Application for Federal Domestic Assistance and Other Required Materials

4.2.2 Negotiated Indirect Cost Rate Agreement (NICRA) (Required if Applicable)

4.2.3 Agreement Signatory (Required)

4.2.4 Banking Information (Required)

4.3 Grant Submission Deadline - Date and Time

4.4 Intergovernmental Review

4.5 Funds Not Applied For

4.6 Funding Restrictions

4.6.1 Indirect Costs

4.6.2. Limit on Direct and Indirect Costs

4.7 Other Submission Requirements

4.7.1 Grants.gov

4.7.2 System for Award Management (SAM) and Grants.Gov Submission

5.0 Application Review Information

5.1 Criteria

5.2 Review and Selection Process

5.3 Anticipated Announcement and Award Dates

6.0 Award Administration Information

6.1 Award Notices

6.2 Administrative and National Policy Requirements

6.3 Acceptance of an Award

TABLE OF CONTENTS

7.0 Post Award Management

7.1 Eligibility Criteria for Producers and Handlers of Agricultural Products Obtaining Certification Under the

National Organic Program

7.2 Allowable and Unallowable Costs for Producers and Handlers of Agricultural Products Obtaining

Certification Under the National Organic Program

7.3 National OCCSP Eligible Scopes

7.4 AMA OCCSP Eligible Scopes

7.5 Certification Cost Reimbursements Allowances

7.6 Limitations

7.7 Subrecipients

7.7.1 Identifying Subrecipients

7.7.2 Pass-Through Entity Requirements

7.8 Application Deadlines for Producers and Handlers of Agricultural Products Obtaining Certification Under the National Organic Program

8.0 Reporting

8.1 Prior Approvals

8.1.1 Change in Recipient Project Coordinator

8.1.2 Change in Subrecipient

8.1.3 No-Cost Extension of the Period of Performance

8.1.4 Budget Amendments

8.2 Financial

8.2.1 Request for Advance or Reimbursement - SF-270

8.2.2 Federal Financial Report – SF-425

8.3 Performance

8.3.1 Narrative Report

8.3.2 Spreadsheet of Operations Reimbursed

8.3.3 Audit Reports

9.0 Other Information

9.1 Record Retention

9.2 Release of Information

9.3 Limit of Federal Liability

9.4 Waste, Fraud, and Abuse

9.5 Equal Opportunity Statement

9.6 Prohibition on Using Funds Under Grants and Agreements with Entities That Require Internal

Confidentiality Agreements

10.0 Agency Contacts

10.1 OCCSP Manager

10.2 Federal Agency Address

The National Organic Certification Cost Share program (NOCCSP) is authorized under section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)), as amended by section 10004(c) of the Agriculture Act of 2014 (2014 Farm Bill; Pub. L. 113–79), Section 10105 of the Agricultural Improvement Act of 2018 (2018 Farm Bill, Pub. L. 115-334), and Section 102 of the Further Continuing Appropriations and Other Extensions Act, 2024 (Pub. L. 118-22). Under this authority, Congress authorizes USDA to provide organic certification cost share assistance to producers and handlers of agricultural products who are obtaining certification under the National Organic Program. These producers and handlers may be located within the 50 United States, the District of Columbia, and five U.S. Territories including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

The Agricultural Management Assistance Organic Certification Cost Share (AMA) is authorized under the Federal Crop Insurance Act (FCIA), as amended (7 U.S.C. 1524). Under this authority, Congress authorizes USDA to provide organic certification cost share assistance only to producers of agricultural products who are obtaining certification under the National Organic Program within the following 16 States: Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming.

FSA administers the Organic Certification Cost Share Program (OCCSP) using relevant sections of the Organic Foods Production Act of 1990 and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200. FSA awards OCCSP funds to eligible State Agencies, which operate as pass-through entities, by accepting and approving applications from producers and handlers so that State Agencies can issue reimbursements to organic operations.

The purpose of the OCCSP is to defray the costs of receiving and maintaining organic certification under the National Organic Program.

FSA administers the OCCSP through Grant Agreements with State Agencies.

FSA will review new applications from State Agencies for conformance with the criteria in 5.0 Application Review Information, and FSA may require applicants to provide additional information or clarification by a specified deadline.

1.0 FUNDING OPPORTUNITY DESCRIPTION

1.1 LEGISLATIVE AUTHORITIES

1.2 PURPOSE

2.0 AWARD INFORMATION

2.1 TYPE OF FEDERAL ASSISTANCE

2.2 TYPE OF APPLICATIONS

The Period of Performance begins when the agreement is fully executed and ends December 31, 2024. The applicant must indicate the start and end dates in Box 6c (proposed project start and end dates) of the SF-424, “Application for Federal Domestic Assistance”. (For FY 2024, applicants should enter the date this Notice of Funding Opportunity Announcement closes for the proposed start date.) State Agencies should only apply if they reasonably expect to be able to process all applications by December 31, 2024. No-Cost Extensions of the Period of Performance will be considered only in rare situations due to unforeseeable circumstances. State Agencies must request No-Cost Extensions at least 10 calendar days before the end of the performance period.

State Agencies may accept applications from producers and handlers prior to receiving a fully executed award.

Once such applications are processed and approved after award execution, producers and handlers may be paid with funds awarded pursuant to this Funding Opportunity Announcement. However, State Agencies should not process applications or make payments prior to receiving an executed award. Costs associated with activities performed outside the Agreement Period of Performance cannot be reimbursed.

State Agencies must submit requests for reimbursements and annual financial reports for the OCCSP by April 30, 2025.

Approximately $9.5 million is available under the NOCCSP and $943,000 under the AMA OCCSP to fund FY 2024 applications received in accordance with this initial announcement.

Each State Agency that submits an acceptable and complete application to FSA is eligible to receive a grant amount based on its FY 2023 OCCSP reimbursement requests, adjusted to reflect the funding available for FY 2024.

Estimates for State Agencies that did not participate in FY 2023 are based on participation through FSA county offices in FY 2023, adjusted to reflect the amount of funding available for FY 2024 and the portion of producers and handlers who would be expected to apply through the State Agency instead of through their FSA county office.

The Federal Government is not obligated to make any Federal award as a result of the announcement. Only authorized federal officials can bind the Federal Government to the expenditure of funds.

Estimated FY 2024 Award Allocations (Subject to Change)

STATE NOCCSP AMA OCCSP

Alabama $3,000 Not Eligible Alaska $6,471 Not Eligible American Samoa $3,000 Not Eligible Arizona $50,190 Not Eligible Arkansas $5,100 Not Eligible California $2,029,308 Not Eligible Colorado $55,800 Not Eligible Connecticut $14,588 $26,100 Delaware $3,000 $2,500 District of Columbia $3,000 Not Eligible Florida $43,529 Not Eligible

2.3 PERIOD OF PERFORMANCE

2.4 AVAILABLE FUNDING

2.5 ESTIMATED GRANT AMOUNTS

STATE NOCCSP AMA OCCSP

Georgia $19,125 Not Eligible Guam $3,000 Not Eligible Hawaii $24,375 $2,500 Idaho $51,975 Not Eligible Illinois $51,750 Not Eligible Indiana $112,350 Not Eligible Iowa $121,425 Not Eligible Kansas $33,525 Not Eligible Kentucky $50,550 Not Eligible Louisiana $5,250 Not Eligible Maine $197,870 $180,000 Maryland $34,050 $32,600 Massachusetts $4,875 $38,125 Michigan $85,350 Not Eligible Minnesota $221,625 Not Eligible Mississippi $4,950 Not Eligible Missouri $49,425 Not Eligible Montana $135,432 Not Eligible Nebraska $43,425 Not Eligible Nevada $6,375 $2,500 New Hampshire $7,725 $2,500 New Jersey $48,450 $20,125 New Mexico $9,000 Not Eligible New York $150,000 $260,000 North Carolina $135,000 Not Eligible North Dakota $97,500 Not Eligible Northern Mariana Islands $3,000 Not Eligible Ohio $343,050 Not Eligible Oklahoma $5,775 Not Eligible Oregon $150,000 Not Eligible Pennsylvania $215,850 $110,000 Puerto Rico $3,000 Not Eligible Rhode Island $8,100 $6,500 South Carolina $13,350 Not Eligible South Dakota $22,275 Not Eligible Tennessee $9,750 Not Eligible Texas $37,725 Not Eligible U.S. Virgin Islands $3,000 Not Eligible Utah $9,000 $2,500 Vermont $325,275 $252,050 Virginia $30,900 Not Eligible

STATE NOCCSP AMA OCCSP

Washington $624,000 Not Eligible West Virginia $3,000 $2,500 Wisconsin $645,000 Not Eligible Wyoming $9,600 $2,500

The individual or entity that benefits from the grant funds; a producer or handler of agricultural products who is obtaining certification under the National Organic Program is considered the beneficiary for the OCCSP.

Beneficiaries may be producers, handlers, or both.

The scopes of certification include State Organic Program fees and the four scopes defined by the USDA National Organic Program regulations (7 CFR 205): Crops, Livestock, Wild Crops, and Handler (i.e., Processor).

The United States Department of Agriculture (USDA), Farm Service Agency (FSA).

The individual, acting within the scope of delegated authority, who has responsibility for executing and administering awards on behalf of FSA. The FSA Deputy Administrator for Farm Programs is authorized to obligate AMA OCCSP and NOCCSP funds, while the Cost Share Manager is responsible for the administration of the program (see Section 10.0 Agency Contact).

A legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non- Federal entity that, consistent with 31 U.S.C. 6302, 6304:

(a) Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity 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 or pass-through entity's direct benefit or use;

(b) 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.

(c) Does not include an agreement that provides only:

(1) Direct United States Government cash assistance to an individual;

(2) A subsidy;

(3) A loan;

2.6 DEFINITIONS

2.6.1 BENEFICIARY

2.6.2 CERTIFICATION SCOPE

2.6.3 FEDERAL AGENCY

2.6.4 FEDERAL AGENCY PROJECT MANAGER

2.6.5 GRANT

(4) A loan guarantee; or

(5) Insurance.

Pass-through entity means a non-federal entity that provides a subaward to a subrecipient to carry out part of a Federal program or that distributes payments to beneficiaries.

Recipient means the non-federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program.

Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

The individual who is authorized to commit the recipient’s time and other resources to the project, to commit the recipient to comply with the terms and conditions of the award instrument including those set out herein, and to otherwise act for or on behalf of the recipient.

Any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any agency or instrumentality thereof exclusive of local governments.

The agency, commission, or department of a State responsible for agriculture under its jurisdiction.

Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

State Agencies are eligible to apply to the NOCCSP and AMA OCCSP funding, as described below.

2.6.6 PASS-THROUGH ENTITY

2.6.7 RECIPIENT

2.6.8 SUBRECIPIENT

2.6.9 RECIPIENT PROJECT COORDINATOR

2.6.10 STATE

2.6.11 STATE AGENCY

2.6.12 SUBAWARD

3.0 ELIGIBILITY INFORMATION

3.1 ELIGIBLE APPLICANTS

State Agencies within each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marina Islands are eligible to apply for funds.

State Agencies within the 16 states of Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming are eligible to participate in the AMA OCCSP.

There are no Federal cost-sharing or matching requirements for State Agencies participating in the NOCCSP or

AMA OCCSP.

FSA posts each new funding opportunity at Grants.gov. Additionally, FSA will electronically mail notice of the funding opportunity directly to each eligible State Agency.

State Agencies interested in applying for the OCCSP must submit an SF-424 and SF-424A via Grants.gov along with the additional required materials described below. If an applicant is applying for both the AMA OCCSP and NOCCSP, then the applicant must submit a separate application for each funding opportunity.

Standard Form (SF) 424, Application for Federal Domestic Assistance. Please refer to SF-424, Application for Federal Assistance Instructions for help completing the SF-424. Please use the following supplemental instructions to complete each OCCSP application.

Block Instruction #15 Descriptive Title of Applicant’s Project

For NOCCSP:

“National Organic Certification Cost Share Program (NOCCSP)”

OR

For AMA OCCSP:

“Agricultural Management Assistance (AMA) Organic Certification Cost Share Program”

3.1.1 NATIONAL ORGANIC CERTIFICATION COST SHARE PROGRAM (NOCCSP)

3.1.2 AGRICULTURAL MANAGEMENT ASSISTANCE (AMA) ORGANIC CERTIFICATION COST SHARE

PROGRAM

3.2 COST-SHARING AND MATCHING

4.0 APPLICATION AND SUBMISSION INFORMATION

4.1 APPLICATION PACKAGE

4.2 CONTENT AND FORM OF APPLICATION SUBMISSION

4.2.1 SF-424 APPLICATION FOR FEDERAL DOMESTIC ASSISTANCE AND OTHER REQUIRED MATERIALS http://www.grants.gov/

Block Instruction *For State Agencies that will make subawards

Include subrecipient information as requested in Section 7.7 and 8.1 in this block, if available at the time of application.

#16 Congressional District Use this link to find your Congressional District Number:

http://www.house.gov/representatives/find/

#17 Proposed Project Start and End Dates

Start Date: Enter the date this Notice of Funding Announcement closes.

End Date: December 31, 2024

#21 Authorized Representative Signature

Please have this block signed by the signatory for the agreement.

Alternatively, please identify who will sign award documents on behalf of the state by providing that information in the budget narrative described below.

Standard Form (SF) 424A, Budget Information - Non-Construction Programs. Enter either NOCCSP or AMA in Section A, Row 1, Column (a). Enter the requested Federal Agency funds in Section A, Row 1, Column (e). Section B, Item 6, Column (1) should reflect the requested Federal Agency funds. Payments to producers/handlers and subawards should go in the “Other” cost category. Direct administrative costs should go into the applicable category (for example, salaries of applicant’s employees should go in the Personnel cost category).

Budget Narrative. In a separate document titled “Budget Narrative,” explain and justify all requested budget items/costs. Detail how the estimates on the SF- 424A were determined. For personnel salary costs, include the base-line salary figures and the estimates of time (as percentages) to be directly charged to the project. A sample budget narrative will be provided upon request.

Grants.gov Lobbying Form, Certification and Disclosure of Lobbying Activities. Under Title 31 of the United States Code, Section 1352, an applicant or recipient must not use any federally appropriated funds (both annually appropriated and continuing appropriations) or matching funds under a grant or cooperative agreement award to pay any person for lobbying in connection with the award. Lobbying is defined as influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress connected with the award. Submission of an application also represents the applicant’s certification of the statements in 2 CFR part 418, Appendix A-Certification Regarding Lobbying. If you/your organization have/has made or agrees to make any payment using non-appropriated funds for lobbying, you must also complete and submit the SF LLL, Disclosure of Lobbying Activities located at 2 CFR 418, Appendix B. See 2 CFR 418.110 for more information on when additional submission of this form is required.

Submit a copy of the State Agency’s approved negotiated indirect cost rate agreement to substantiate the indirect cost request, as described in Appendix VII to 2 CFR Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals. Eligible states may also elect to use the de minimis rate as described at 2 CFR 200.414.

Submit the name and title of the authorized representative who will sign the grant agreement in a cover memo or a separate document.

4.2.2 NEGOTIATED INDIRECT COST RATE AGREEMENT (NICRA) (REQUIRED IF APPLICABLE)

4.2.3 AGREEMENT SIGNATORY (REQUIRED)

http://www.house.gov/representatives/find/

Submit SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form.

Applications must be received via Grants.gov by 11:59 p.m. Eastern Time on July 12, 2024. FSA may consider applications received after this date if funds are available.

This funding opportunity is not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs.”

Eligible State Agencies that do not apply for or do not request all authorized funding during the specified grant application period will forfeit the full portion of authorized funding not requested. Subsequently, FSA may allocate the unrequested funds to other eligible State Agencies.

A State Agency may charge its negotiated indirect cost rate to the direct administrative costs of the award, but cannot charge it to payments to producers and handlers. A copy of the approved negotiated indirect cost rate agreement must be submitted with the application in accordance with 4.0 Application and Submission Information. The State Agency must notify any subrecipient(s) of the limit on indirect costs. Subrecipients may charge an approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal government or, if no such rate exists, either a rate negotiated between the State agency and the subrecipient, or a de minimis indirect cost rate as defined in 2 CFR 200.414, Indirect (F&A) Costs.

Sample Calculation

Estimated FY 2024 Award Allocation: $324,000 (maximum grant amount)

Payments to Producers and Handlers: $300,000

Total Direct Administrative Cost (does not include payments to producers and handlers): $20,000

Total Indirect Cost assuming a negotiated rate of 20% = $4,000

Total Grant Amount = $324,000 (This amount must not exceed the total award allocation for the State Agency.)

For this award, direct costs are limited to funds reimbursed to certified organic operations for certification costs and administrative costs, such as salaries and fringe benefits, incurred to administer the program under the grant. Costs for promotional materials and mailing expenses are not eligible for reimbursement.

4.2.4 BANKING INFORMATION (REQUIRED)

4.3 GRANT SUBMISSION DEADLINE - DATE AND TIME

4.4 INTERGOVERNMENTAL REVIEW

4.5 FUNDS NOT APPLIED FOR

4.6 FUNDING RESTRICTIONS

4.6.1 INDIRECT COSTS

4.6.2. LIMIT ON DIRECT AND INDIRECT COSTS

http://www.ecfr.gov/cgi-bin/text-idx?SID=f9339223eca71c3d7b069f4421e10110&amp%3Bnode=se2.1.200_1413&amp%3Brgn=div8

The total amount of administrative costs, including both direct costs and their associated indirect costs, cannot exceed 10 percent of the amount requested for payments to producers and handlers.

Note: If a State Agency does not use all of its allocated funds, the State Agency must ensure it meets the requirements for Indirect Costs described in Section 4.6.1. and return and/or de-obligate any unused funds (direct and indirect) in accordance with specified instructions from FSA, which will be provided to the State Agency when FSA is notified about the need to return and/or de-obligate funds.

FSA requires applicants to submit applications electronically through the central Federal grants website, Grants.gov. When applying through Grants.gov, applicants are not required to submit any paper documents to

FSA.

(a) Steps to Register

(i) Obtain a Unique Entity Identifier (UEI): All entities applying for funding must have a UEI issued by SAM.gov. Applicants must enter the UEI in the data entry field labeled "UEI" on the SF-424 form.

(ii) Register with SAM: All organizations (entities) must register with System for Award Management (SAM) to apply online through Grants.gov. Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually. Part of the SAM registration process includes designating an Electronic Business Point of Contact (EBiz POC). The EBiz POC plays an integral part in the organization’s Grants.gov registration and application process. The individual in that role must authorize all other roles in Grants.gov. For more detailed instructions for registering with SAM, refer to https://www.grants.gov/applicants/applicant-registration/.

(iii) Create a Grants.gov Account: From the Grants.gov webpage (https://www.grants.gov/), click “Register” in the top right-hand corner and follow the on-screen instructions.

(iv) Add a Profile to a Grants.gov Account: A profile in Grants.gov corresponds to a single applicant organization the user represents (i.e., an applicant) or an individual applicant submitting on their own behalf. If you work for or consult with multiple organizations, you can have a profile for each organization under one Grants.gov account. In such cases you can log in to one Grants.gov account to access all your grant profiles. To add an organizational profile to your Grants.gov account, enter the UEI for the organization in the UEI field. If you are an individual applicant submitting on your own behalf, you do not need a UEI to add the profile. For more detailed instructions about creating a profile on Grants.gov, refer to https://www.grants.gov/applicants/applicant-registration/add-profile.

(v) EBiz POC Authorized Profile Roles: After you register with Grants.gov and create an Organization Applicant Profile, you must establish roles for individuals in the organization. The Authorized Organizational Representative (AOR) role is critical; it gives an individual permission to complete and submit applications on behalf of the organization. Without this role, the organization cannot submit any applications. The request for role assignment will be routed to the organization’s EBiz POC for approval.

Once approved, the AOR can submit an application online. For more detailed instructions about creating a EBiz POC authorized profile on Grants.gov, refer to https://www.grants.gov/applicants/applicant-registration/ebiz-poc-authorizes-profile-roles.

4.7 OTHER SUBMISSION REQUIREMENTS

4.7.1 GRANTS.GOV

4.7.2 SYSTEM FOR AWARD MANAGEMENT (SAM) AND GRANTS.GOV SUBMISSION

http://grants.gov./ http://www.grants.gov/ https://www.grants.gov/applicants/applicant-registration/ https://www.grants.gov/ https://www.grants.gov/applicants/applicant-registration/add-profile https://www.grants.gov/applicants/applicant-registration/ebiz-poc-authorizes-profile-roles

Track Role Status: To track your role request, refer to https://www.grants.gov/applicants/applicant-registration/track-profile-role-status.

(b) Electronic Signature

When applications are submitted through Grants.gov, the name of the organization applicant with the AOR role that submitted the application is inserted into the signature line of the application, serving as the electronic signature. The EBiz POC must authorize people who are able to make legally binding commitments on behalf of the organization as a user with the AOR role. This step (step c.v. above) is often missed, and it is crucial for valid and timely submissions.

(c) Workspace Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different webforms within an application. For each NFO, you can create individual instances of a workspace. An applicant can start an application in Workspace and return to work on it later within Workspace.

Applicants using unreliable internet connections should be aware that the process of completing the Workspace can take some time. Therefore, applicants should allow enough time to prepare and submit the application before the package closing date.

(d) Apply for an Opportunity

Below is an overview of applying on Grants.gov. For complete instructions on how to apply for opportunities, refer to https://www.grants.gov/applicants/workspace-overview/.

If the Apply button in the opportunity is not active (greyed out), the user does not have the appropriate permissions or has an incomplete applicant registration. For additional information, refer to https://grantsgovprod.wordpress.com/2023/06/08/unlock-the-mystery-of-the-gray-apply-button-four-scenarios/.

(i) Create a Workspace: Creating a workspace allows you to complete an application online and route it through your organization for review before submitting.

(ii) Complete a Workspace: Add participants to the workspace to work on the application together, complete all the required forms online or by downloading PDF versions, and check for errors before submission. The Workspace progress bar will display the status of your application process as you apply.

As you apply using Workspace, you may click the blue question mark icon near the upper-right corner of each page to access context-sensitive help.

• Adobe Reader: If you decide not to apply by filling out webforms you can download individual PDF forms in Workspace. The individual PDF forms can be downloaded and saved to your local device storage, network drive(s), or external drives, then accessed through Adobe Reader.

NOTE: Visit the Adobe Software Compatibility page on Grants.gov to download the appropriate version of the software at https://www.grants.gov/applicants/adobe-software-compatibility.

• Mandatory Fields in Forms: In the forms, you will note fields marked with an asterisk and a different background color. These fields are mandatory fields that must be completed to successfully submit your application.

• Complete SF-424 Fields First: The forms are designed to fill in common required fields across other forms, such as the applicant name, address, and UEI. Once it is completed, the information will transfer (i.e., prepopulate) to the other forms.

(iii) Submit a Workspace: An application may be submitted through workspace by clicking the Sign and Submit button on the Manage Workspace page, under the Forms tab. Grants.gov recommends submitting your application package at least 24-48 hours prior to the close date to provide you with time to correct any potential technical issues that may disrupt the application submission.

https://www.grants.gov/applicants/applicant-registration/track-profile-role-status https://www.grants.gov/applicants/workspace-overview/ https://grantsgovprod.wordpress.com/2023/06/08/unlock-the-mystery-of-the-gray-apply-button-four-scenarios/ https://grantsgovprod.wordpress.com/2023/06/08/unlock-the-mystery-of-the-gray-apply-button-four-scenarios/ https://www.grants.gov/applicants/adobe-software-compatibility

(iv) Track a Workspace Submission: After successfully submitting a workspace application, a Grants.gov Tracking Number (GRANTXXXXXXXX) is automatically assigned to the application. The number will be listed on the Confirmation page that is generated after submission. Using the tracking number, access the Track My Application page under the Applicants tab or the Details tab in the submitted workspace.

For additional training resources, including video tutorials, refer to https://www.grants.gov/applicants/applicant-training.

FSA will review grant applications to ensure the application criteria are in accordance with 4.0 Application and Submission Information.

FSA will review the application to ensure that the applicant is an eligible entity as defined in Section 3.0. There are no other statutory, regulatory, or other preferences applied in the review process, other than merit and risk criteria as described below:

1. The application was properly completed, i.e., all required information is contained on the application form.

2. If applicable, the application identifies and includes specified information on sub-applicants.

3. The applicant is an eligible entity.

4. When a State Agency intends to make subawards or contract any portion of the federal award to another entity, the State Agency must request prior agency approval at least 30 days before awarding the contract or award.

5. In accordance with 2 CFR part 200, FSA may use past performance to assist in determining the level of participation or allocation of funding to the applicant during the current funding cycle.

FSA reviews applications upon their submission to Grants.gov and initiates the application review process as they are submitted. FSA expects to make all awards within 30 days of the closing date.

FSA will notify the individual listed in block 8 “Primary Contact/Grants Administrator” of the SF-424 “Application for Federal Assistance” if additional information is required after the initial application review. Upon completion of a successful application review, FSA will send an Award Notice in accordance with 6.3 Acceptance of Award to Primary Contact/Grants Administrator.

FSA intends to notify State Agencies and execute grant agreements by 09/16/2024.

5.0 APPLICATION REVIEW INFORMATION

5.1 CRITERIA

5.2 REVIEW AND SELECTION PROCESS

5.3 ANTICIPATED ANNOUNCEMENT AND AWARD DATES

https://www.grants.gov/applicants/applicant-training https://www.grants.gov/applicants/applicant-training

Once all administrative and programmatic issues are satisfactorily approved by FSA, FSA will provide the State Agency applicant with a formal award notice in the form of an electronic Grant Agreement (Grant Agreement).

The Grant Agreement sets forth pertinent information about the grant, including, but not limited to, the following:

• Federal Agreement Identification Number (FAIN) or “agreement number;”

• Statutory authority for the award and any applicable program regulations;

• Name of recipient organization;

• Name of the Recipient Project Coordinator;

• Approved period of performance start and end dates;

• Amount of Federal funds authorized for obligation by the recipient;

• Name of the Federal Agency Project Manager; and

• Applicable terms and conditions of award by either reference or inclusion.

Note: The State Agency applicant is responsible for any pre-award costs incurred prior to the establishment of an Agreement.

Awards issued under the announcement are subject to 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Several additional federal statutes and regulations apply to grant applications considered for review and to project grants awarded under this program. These include, but are not limited to the ones listed below.

2 CFR Part 25 – System for Award Management and Universal Identifier Requirements. See Appendix A to Part 25 – Award Term for Central Contractor Registration and Universal Identifier Requirements.

You must notify your potential subrecipients, with the exception of individuals, that they may not receive a subaward unless the entity has obtained a UEI from SAM. State Agencies must not make a subaward to an entity unless the entity has provided its UEI number.

2 CFR Part 170 – Reporting Subaward and Executive Compensation Information. See Appendix A to Part 170 – Award Term for Reporting Subawards and Executive Compensation requirements.

2 CFR Part 175 – Award Term for Trafficking in Persons, which is the implementation of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g))

2 CFR Parts 180 and 417 – OMB Guidelines to Agencies on Government-Wide Debarment and Suspension (Nonprocurement) and USDA Nonprocurement Debarment and Suspension

2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

2 CFR 200.216 - The recipient (including subrecipients) is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115- 232, Section 889 for additional information. In accordance with 2 CFR 200.216, the recipient (including subrecipients) is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to:

6.2 ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS

6.0 AWARD ADMINISTRATION INFORMATION

6.1 AWARD NOTICES

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(1) procure or obtain, extend or renew a contract to procure or obtain;

(2) enter into a contract (or extend or renew a contract) to procure; or

(3) obtain the equipment, services or systems.

2 CFR 200.340 - In accordance with 2 CFR 200.340, the recipient understands this agreement may be terminated in whole or in part as follows:

(1) By the Federal Agency or pass-through entity, if a recipient fails to comply with the terms and conditions of a Federal award;

(2) By the Federal Agency or pass-through entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;

(3) By the Federal Agency or pass-through entity with the consent of the recipient, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;

(4) By the recipient upon sending to the Federal Agency or pass-through entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Agency or pass-through entity determines in the case of partial termination that the reduced or modified portion of the Federal award or subaward will not accomplish the purposes for which the Federal award was made, the Federal Agency or pass-through entity may terminate the Federal award in its entirety.

2 CFR Part 400 – USDA implementation of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

2 CFR Part 415 – USDA General Program Administrative Regulations

2 CFR Part 416 – USDA General Program Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments

2 CFR Part 418 – USDA implementation of Restrictions on Lobbying - Imposes prohibitions and requirements for disclosure and certification related to lobbying on recipients of federal contracts, grants, cooperative agreements, and loans.

2 CFR Part 421 – USDA Implementation of Government-wide Requirements for Drug-Free Workplace (Financial Assistance)

7 CFR Part 1, subpart A – USDA implementation of the Freedom of Information Act

7 CFR Part 1b – USDA procedures to implement the National Environmental Policy Act of 1969, as amended

7 CFR Part 3 – USDA implementation of OMB Circular No. A-129 regarding debt collection

7 CFR Part 15, subpart A – USDA implementation of Title VI of the Civil Rights Act of 1964, as amended, which prohibits you from discriminating on the basis of race, color, or national origin (42 U.S.C. 2000d et seq.)

As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs in accordance with LEP Implementation Strategy for AMS’ Federally-Assisted Programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. You are encouraged to consider the need for language services for LEP persons served or encountered both in developing your budgets and in conducting your programs and activities. For assistance and information regarding your LEP obligations, go to http://www.lep.gov.

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7 CFR Part 331 and 9 CFR Part 121—USDA implementation of the Agricultural Bioterrorism Protection Act of 2002

35 U.S.C. 200 et seq.—Bayh Dole Act, controlling allocation of rights to inventions made by employees of small business firms and domestic nonprofit organizations, including universities, in federally-assisted programs (implementing regulations are contained in 37 CFR Part 401).

41 CFR 301-10.131 to 301-10.143 – Use of United States Flag Air Carriers, which implements the Fly America Act (49 U.S.C. 40118). For more information see http://www.gsa.gov/portal/content/103191.

48 CFR Part 25 – Foreign Acquisition, which implements the Buy American Act (41 U.S.C. Ch. 83)

48 CFR Part 31, subpart 31.2 – Contracts with Commercial Organizations

44 U.S.C. 3541 et seq. (Pub. L. 107-347) – Federal Information System Security Management Act of 2002 (FISMA) An Act designed to improve computer and network security within the Federal Government. Applies to recipients if it will collect, store, process, transmit, or use information on behalf of AMS.

Motor Vehicle Safety – Highway Safety Act of 1966, as amended (23 U.S.C. 402 & 403); Government Organization and Employees Act, as amended (5 U.S.C. 7902 (c)); Occupational Safety and Health Act of 1970, as amended (29 U.S.C.

668); Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 101, et seq.); Increasing Seat Belt Use in the United States (EO 13043); Federal Leadership on Reducing Text Messaging While Driving (EO 13513)

2 CFR Part 422 – Research Institutions Conducting USDA-Funded Extramural Research; Research Misconduct

Appendix XII to 2 CFR Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters.

Applicable if the Federal share of any Federal award may include more than $500,000 over the period of performance Prohibition Against Using Funds under Grants and Cooperative Agreements with Entities that Require Certain Internal Confidentiality Agreements

(a) The recipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal Department or agency authorized to receive such information.

(b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect.

(c) The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) If the Government determines that the recipient is not in compliance with this award provision, it:

(1) Will prohibit the recipient's use of funds under this award, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law;

and

(2) May pursue other remedies available for the recipient's material failure to comply with award terms and conditions.

A signature by an authorized representative of the State Agency on the Grant Agreement constitutes acceptance of an award and its associated terms and conditions. FSA must receive a signed Grant Agreement. If a recipient cannot accept the award, including the legal obligation to perform in accordance with award terms and conditions, then the State Agency should notify the FSA Cost Share Manager immediately upon receipt of the Grant Agreement.

6.3 ACCEPTANCE OF AN AWARD

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