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HomeMy WebLinkAboutItem 02 Approval to Submit Application to the Fire Prevention and Safety Grant Program for the Purchase of Fire Safety Education Equipment City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: April 2, 2024 Item #: 2 Contact Name: CJ VanCamp Department Director: Tom Smothers Contact Number: Ext. 2006 City Manager: Robert Frank Subject: Approval to Submit Application to the Fire Prevention and Safety Grant Program for the Purchase of Fire Safety Education Equipment. (Deputy Fire Chief Van Camp) Background Summary: The Department of Homeland Security opened the application period for the Fire Prevention and Safety Grant Program (FP&S) for FY 2023 in March 2024. The program provides financial assistance directly to eligible fire departments for fire prevention programs. The FP&S Grant Program will award an estimated 100 eligible fire departments, national, regional, state, local, tribal, and non-profit organizations such as academic (e.g., universities), research foundations, public safety institutes, public health, occupational health, and injury prevention institutions for fire prevention programs. The Fire Department is seeking this grant funding for the purchase of fire safety education equipment. Specifically, the department would like to purchase one (1) animated fire truck robot. This educational equipment would allow the department to provide comprehensive fire prevention training to a wide range of audiences. Under the direction of the department’s certified Fire Safety Educator, the informative tool would provide for a safe training and interactive learning environment for participants, especially children. The total grant submittal will be for one (1) animated fire truck robot for a total of $11,688 with the City’s match being $584 or 5% of the total. Issue: Should the Honorable Mayor and City Commissioners approve submittal of the FP&S grant application for the purchase of an animated fire truck robot? Recommendations: Staff recommends that the Honorable Mayor and City Commissioners approve the submission of the FP&S grant application. Attachments: 1. Notice of Funding Opportunity Financial Impacts: The total cost for one (1) animated fire truck robot is $11,688. The grant would provide 95% ($11,103) of the City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org total cost. If successful, the financial impact on the City would be the remaining 5% ($584), which has been included in the department’s 2023-2024 budget. Type of Item: Consent 1 FY 2023 FP&S NOFO The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 Fire Prevention and Safety (FP&S) Grant Program All entities wishing to do business with the federal government must have a unique entity identifier (UEI). The UEI number is issued by the system. Requesting a UEI using Sam.gov can be found at: https://sam.gov/content/entity-registration. Grants.gov registration information can be found at: https://www.grants.gov/web/grants/register.html. Planned UEI Updates in Grant Application Forms: On April 4, 2022, the Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in, and assigned by, the System for Award Management (SAM.gov). This new identifier is the Unique Entity Identifier (UEI). Additional Information can be found on Grants.gov: https://www.grants.gov/web/grants/forms/planned-uei-updates.html Table of Contents A. Program Description ................................................................................................................ 5 1. Issued By .......................................................................................................................... 5 2. Assistance Listings Number ............................................................................................ 5 3. Assistance Listings Title .................................................................................................. 5 4. Funding Opportunity Title ............................................................................................... 5 5. Funding Opportunity Number.......................................................................................... 5 6. Authorizing Authority for Program ................................................................................. 5 7. Appropriation Authority for Program .............................................................................. 5 8. Announcement Type ........................................................................................................ 5 9. Program Category ............................................................................................................ 5 10. Program Overview, Objectives, and Priorities ................................................................ 5 a. Overview ..................................................................................................................... 5 b. Objectives .................................................................................................................... 6 c. Priorities ...................................................................................................................... 6 11. Performance Measures ..................................................................................................... 7 B. Federal Award Information ..................................................................................................... 7 1. Available Funding for the NOFO: $36 million............................................................... 7 2. Projected Number of Awards : 100 ............................................................................... 7 3. Maximum Award Amount: $1,500,000 ......................................................................... 7 4. Period of Performance: 12-36 months ......................................................................... 7 5. Projected Period of Performance Start Date(s): 08/01/2024 (will vary based on award date and activity type) ...................................................................................................... 8 6. Projected Period of Performance End Date(s): 07/31/2025 – 07/31/2028 (will vary based on award date and activity type) ............................................................................ 8 7. Funding Instrument Type: Grant ................................................................................. 8 2 FY 2023 FP&S NOFO C. Eligibility Information ............................................................................................................. 8 1. Eligible Applicants........................................................................................................... 8 2. Applicant Eligibility Criteria ........................................................................................... 9 3. Other Eligibility Criteria/Restrictions .............................................................................. 9 a. National Incident Management System (NIMS) Implementation ............................ 10 4. Maintenance of Effort (MOE) ....................................................................................... 10 5. Cost Share or Match....................................................................................................... 10 6. Economic Hardship Waivers ......................................................................................... 11 D. Application and Submission Information .............................................................................. 11 1. Key Dates and Times ..................................................................................................... 11 a. Application Start Date: 03/11/2024 at 8 a.m. ET ................................................... 11 b. Application Submission Deadline: 04/12/2024 at 5 p.m. ET ................................... 11 c. Anticipated Funding Selection Date: No later than 07/31/2024 .............................. 12 d. Anticipated Award Date: Beginning on approximately 07/31/2024 and continuing thereafter until all FY 2023 FP&S Program grant awards are issued (but no later than September 30, 2024). ..................................................................................................... 12 e. Other Key Dates ........................................................................................................ 12 2. Agreeing to Terms and Conditions of the Award .......................................................... 13 3. Address to Request Application Package ...................................................................... 13 4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM) .......................................................................................... 13 5. Electronic Delivery ........................................................................................................ 14 6. How to Register to Apply .............................................................................................. 14 a. General Instructions: ................................................................................................. 14 b. Obtain a UEI Number: .............................................................................................. 14 c. Obtain Employer Identification Number: .................................................................. 15 d. Create a login.gov account: ....................................................................................... 15 e. Register with SAM: ................................................................................................... 15 f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR: ................................................................................................................................... 16 7. Submitting the Final Application ................................................................................... 16 8. Timely Receipt Requirements and Proof of Timely Submission .................................. 16 9. Content and Form of Application Submission............................................................... 17 a. Standard Required Application Forms and Information ........................................... 17 b. Program-Specific Required Forms and Information ................................................. 17 10. Funding Restrictions and Allowable Costs .................................................................... 20 a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services ................................................................................................... 20 b. Pre-Award Costs ........................................................................................................ 22 c. Management and Administration (M&A) Costs ....................................................... 22 d. Indirect Facilities & Administrative (F&A) Costs .................................................... 23 e. Other Direct Costs ..................................................................................................... 23 E. Application Review Information ........................................................................................... 23 1. Application Evaluation Criteria ..................................................................................... 23 a. Programmatic Criteria ............................................................................................... 23 b. Financial Integrity Criteria ........................................................................................ 24 3 FY 2023 FP&S NOFO c. Supplemental Financial Integrity Criteria and Review ............................................. 24 2. Review and Selection Process ....................................................................................... 25 a. Peer Review Panel Process ........................................................................................ 25 3. Narrative Evaluation Criteria ......................................................................................... 26 a. FP&S Activity ........................................................................................................... 27 b. R&D Activity ............................................................................................................ 30 4. Technical Evaluation Process (TEP) ......................................................................... 33 F. Federal Award Administration Information .......................................................................... 34 1. Notice of Award ............................................................................................................. 34 2. Administrative and National Policy Requirements........................................................ 35 a. DHS Standard Terms and Conditions ....................................................................... 35 b. Ensuring the Protection of Civil Rights .................................................................... 35 c. Environmental Planning and Historic Preservation (EHP) Compliance................... 35 d. Federal Flood Risk Management Standard ............................................................... 37 e. Difference between Application Request and Award ............................................... 37 f. Turndown Notifications ............................................................................................ 37 g. Human Subjects Research ......................................................................................... 37 h. R&D Activity – Research Terms and Conditions ..................................................... 39 3. Reporting........................................................................................................................ 40 a. Other Financial Reporting Requirements .................................................................. 40 b. Programmatic Performance Reporting Requirements ............................................... 41 c. Closeout Reporting Requirements ............................................................................. 41 d. Additional Reporting Requirements .......................................................................... 43 4. Monitoring and Oversight .............................................................................................. 44 G. DHS Awarding Agency Contact Information ....................................................................... 45 1. Contact and Resource Information ................................................................................ 45 a. Program Office Contact ............................................................................................. 45 b. FP&S Program Application Guidance Documents ................................................... 45 c. FEMA-Grants-News ................................................................................................. 46 d. Grant Programs Directorate (GPD) Award Administration Division ....................... 46 e. Equal Rights .............................................................................................................. 46 f. Environmental Planning and Historic Preservation .................................................. 46 2. Systems Information ...................................................................................................... 46 a. FEMA GO ................................................................................................................. 46 H. Additional Information .......................................................................................................... 46 1. Termination Provisions .................................................................................................. 46 a. Noncompliance .......................................................................................................... 47 b. With the Consent of the Recipient ............................................................................ 47 c. Notification by the Recipient .................................................................................... 47 2. Program Evaluation ....................................................................................................... 47 3. Period of Performance Extensions ................................................................................. 48 4. Disability Integration ..................................................................................................... 49 5. Conflicts of Interest in the Administration of Federal Awards or Subawards ............... 50 6. Procurement Integrity .................................................................................................... 50 a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 ......................... 51 b. Competition and Conflicts of Interest ....................................................................... 52 4 FY 2023 FP&S NOFO c. Supply Schedules and Purchasing Programs ............................................................. 53 d. Procurement Documentation ..................................................................................... 54 7. FEMA Financial Assistance Programs for Infrastructure .............................................. 55 a. Build America, Buy America Act ............................................................................. 55 8. Record Retention ........................................................................................................... 57 a. Record Retention Period ........................................................................................... 57 b. Types of Records to Retain ....................................................................................... 58 9. Actions to Address Noncompliance............................................................................... 58 10. Audits ............................................................................................................................. 59 11. Payment Information ..................................................................................................... 61 12. Whole Community Preparedness ................................................................................... 61 13. Appendix A – FY 2023 FP&S Program Updates .......................................................... 61 14. Appendix B – Programmatic Information and Priorities ............................................... 62 a. Ineligible Applications and/or Organizations ............................................................ 62 b. Supporting Definitions for this NOFO ...................................................................... 64 c. Application Tips ........................................................................................................ 65 d. Restrictions on Uses of Award Funds ....................................................................... 66 e. Funding Priorities ...................................................................................................... 66 15. Appendix C – Award Administration Information ........................................................ 81 a. Help FEMA Prevent Fraud, Waste, and Abuse ......................................................... 81 b. Economic Hardship Waivers of Cost Share and MOE ............................................. 81 c. Grant Writer/Preparation Fees ................................................................................... 81 d. Maintenance and Sustainment ................................................................................... 82 e. Taxes, Fees, Levies, and Assessments ...................................................................... 83 f. Excess Funds ............................................................................................................. 84 g. Payments and Amendments ...................................................................................... 84 h. Disposition of Grant Funded Equipment ................................................................... 86 5 FY 2023 FP&S NOFO A. Program Description 1. Issued By U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate (GPD) 2. Assistance Listings Number 97.044 3. Assistance Listings Title Assistance to Firefighter Grants (AFG) 4. Funding Opportunity Title Fiscal Year 2023 Fire Prevention and Safety (FP&S) Grant 5. Funding Opportunity Number DHS-23-GPD-044-00-97 6. Authorizing Authority for Program Section 33 of the Federal Fire Prevention and Control Act of 1974, Pub. L. No. 93-498, as amended (15 U.S.C § 2229) 7. Appropriation Authority for Program Consolidated Appropriations Act, 2023, Pub. L. No. 117-328 8. Announcement Type Initial 9. Program Category Preparedness: Fire and Safety 10. Program Overview, Objectives, and Priorities a. Overview The Fiscal Year (FY) 2023 Fire Prevention and Safety (FP&S) Grant Program (hereafter referred to as the FP&S Program) is one of three grant programs that constitute the DHS and FEMA’s focus on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards. The FP&S Program provides financial assistance directly to eligible fire departments, national, regional, state, local, tribal, and non-profit organizations such as academic (e.g. universities), research foundations, public safety institutes, public health, occupational health, and injury prevention institutions for fire prevention programs and firefighter health and safety research and development such as clinical studies that address behavioral, social science, and cultural research. The funding categories for FP&S are: 1. Community Risk Reduction; 2. Wildfire Risk Reduction; 3. Code Enforcement/Awareness; 6 FY 2023 FP&S NOFO 4. Fire & Arson Investigation; and 5. National/State/Regional Programs and Projects. The funding categories for R&D are: 1. Clinical Studies; 2. Technology and Product Development; 3. Database System Development; 4. Preliminary Studies; and, 5. Early Career Investigator. Abstracts and results of research and development grants that have been funded under this program can be found at Fire Prevention and Safety | FEMA.gov. The FP&S Program has awarded approximately $852 million in grant funding to provide critically needed resources to strengthen community fire prevention programs and enable scientific research on innovations that improve firefighter safety, health, and well-being. The FP&S Program is part of a comprehensive set of measures authorized by Congress and implemented by DHS. Among the five basic homeland security missions noted in the DHS Strategic Plan the FP&S Program supports the goal to Strengthen National Preparedness and Resilience. The 2022-2026 FEMA Strategic Plan creates a shared vision for the field of emergency management and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. The FP&S Program directly supports Goal 3, to Promote and Sustain a Ready FEMA and Prepared Nation. We invite all of our stakeholders and partners to also adopt these priorities and join us in building a stronger Agency and a more prepared and resilient nation. b. Objectives The objectives of the FP&S Program are to: • Provide critically needed resources to support the reduction in residential fire risk, including access to smoke alarm installations and fire prevention education and training; • Ensure that lives, property, and natural resources are protected from fire in the wildland urban interface (WUI) through increased community education and awareness programs; • Provide support for the adoption and awareness of building codes; • Assist recipients to aggressively investigate every fire through increased equipment, training, and personnel resources; • Disseminate information on a national level to positively change firefighter safety, health, and well-being behaviors and decision-making; and • Reduce firefighter line-of-duty fatalities and injuries through research to improve firefighter safety, health, or well-being. c. Priorities Information on program priorities and objectives for the FY 2023 FP&S Program can be found in Appendix B – Programmatic Information and Priorities of this NOFO. 7 FY 2023 FP&S NOFO 11. Performance Measures The grant recipient is required to collect data to allow FEMA to measure performance of the awarded grant in support of the FP&S Program metrics, which are tied to the programmatic objectives and priorities. To measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient must submit sufficient information to demonstrate it has met the performance goal as stated in its award. FEMA will measure the recipient’s performance of the grant by comparing the number of items, supplies, projects, and activities needed and requested in its application with the number of items, supplies, projects, and activities acquired and delivered by the end of the period of performance using the following programmatic metrics: a. FP&S Activity • Community Risk Reduction: 1. Percent of target population receiving an intervention. • Code Enforcement/Awareness: 1. Percent of properties inspected. • Fire and Arson Investigation: 1. Percent of fires where cause is determined. • National/State/Regional Programs and Projects: 1. Number of firefighters receiving interventions. b. Research and Development (R&D) Activities (All Categories) 1. Percent of project aims met. B. Federal Award Information 1. Available Funding for the NOFO: $36 million1 2. Projected Number of Awards : 100 3. Maximum Award Amount: $1,500,000 4. Period of Performance: 12-36 months • FP&S Activity: The period of performance for projects funded under the FP&S Activity is generally 12 months. Eligible applicants who propose complex projects, 1 Note that this figure differs from the total amount appropriated under the Consolidated Appropriations Act, 2023, Pub. L. No. 117-328. In this FY 2023 FP&S NOFO, percentages of “available grant funds” refers to the total amount appropriated—$360,000,000—by Pub. L. No. 117-328 to meet the statutory requirements of § 33 of the Federal Fire Prevention and Control Act of 1974, as amended (codified at 15 U.S.C. § 2229). As such, $36,000,000 will be allocated to the FP&S Program for FY 202 3. 8 FY 2023 FP&S NOFO such as those under the National/Regional/State Programs and Projects category, may apply for up to a 24-month period of performance from the date of award. The period of performance for National Strategic Projects is 12 months. • R&D Activity: The period of performance for projects proposed under the R&D Activity will be 12, 24, 36, or 48 months from the date of award. Extensions to the period of performance are allowed. For additional information on period of performance extensions, please refer to Section H of this NOFO. FEMA awards only include one budget period, so it will be same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.” 5. Projected Period of Performance Start Date(s): 08/01/2024 (will vary based on award date and activity type) 6. Projected Period of Performance End Date(s): 07/31/2025 – 07/31/2028 (will vary based on award date and activity type) 7. Funding Instrument Type: Grant C. Eligibility Information 1. Eligible Applicants a. FP&S Activity Fire departments operating in any of the 50 states, as well as fire departments in the District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico2, or any federally recognized Indian tribe or tribal organization. A fire department is an agency or organization having a formally recognized arrangement with a state, local, tribal, or territorial authority (city, county, parish, fire district, township, town, or other governing body) to provide fire suppression to a population within a geographically fixed primary first due response area. National, regional, state, local, tribal and nonprofit interest organizations that are recognized for their experience and expertise in fire prevention and safety programs and activities are eligible applicants.. b. R&D Activity National, state, local, federally recognized tribal, and non-profit organizations, such as academic (e.g., universities), research foundations, public safety institutes, public health, occupational health, and injury prevention institutions. 2 The District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Puerto Rico are all defined as “States” in the Federal Fire Prevention and Control Act of 1974. See 15 U.S.C. § 2203(10). 9 FY 2023 FP&S NOFO Additional information on ineligible applications and organizations is in Appendix B – Programmatic Information and Priorities of this NOFO. An application submitted by an otherwise eligible non-federal entity (i.e., the applicant) may be deemed ineligible when the person that submitted the application is not: 1) a current employee, personnel, official, staff or leadership of the non-federal entity; and 2) duly authorized to apply for an award on behalf of the non-federal entity at the time of application. Further, the Authorized Organization Representative (AOR) must be a duly authorized current employee, personnel, official, staff or leadership of the recipient and provide an email address unique to the recipient at the time of application and upon any change in assignment during the period of performance. Consultants or contractors of the recipient are not permitted to be the AOR of the recipient. 2. Applicant Eligibility Criteria a. FP&S Activity The FP&S Activity is designed to reach high-risk target groups and mitigate the incidence of death and injuries caused by fire and fire-related hazards. The five project categories eligible for funding under this activity are: 6. Community Risk Reduction; 7. Wildfire Risk Reduction; 8. Code Enforcement/Awareness; 9. Fire & Arson Investigation; and 10. National/State/Regional Programs and Projects. Both private and public nonprofit organizations are eligible to apply for funding under this activity. b. R&D Activity The R&D Activity is aimed at improving firefighter safety, health, or well-being through research and development that reduces firefighter fatalities and injuries. The five project categories eligible for funding under this activity are: 1. Clinical Studies; 2.Technology and Product Development; 3. Database System Development; 4. Preliminary Studies; and, 5. Early Career Investigator. Both private and public non-profit organizations are eligible to apply for funding in this activity. Fire departments are not eligible to apply for funding in this Activity. Each activity has its own application and eligibility requirements, as further outlined in Appendix B – Programmatic Information and Priorities of this NOFO. 3. Other Eligibility Criteria/Restrictions 10 FY 2023 FP&S NOFO a. National Incident Management System (NIMS) Implementation FP&S Program applicants are not required to comply with NIMS to apply for FP&S Program funding or to receive an FP&S Program award. Any applicant who receives a FY 2023 FP&S Program award must achieve the level of NIMS compliance required by the Authority Having Jurisdiction (AHJ) over the applicant’s emergency service operations (e.g., a local government) prior to the end of the grant’s period of performance. b. National Fire Incident Reporting System (NFIRS) NFIRS reporting is not a requirement to apply for any FP&S Program; however, fire departments that receive funding under this program must agree to provide information to the NFIRS for the period of performance covered by the assistance. If a recipient does not currently participate in the incident reporting system and does not have the capacity to report at the time of the award, that recipient must agree to provide information to the system for the award performance period, commencing as soon as possible after they develop the capacity to report. Capacity to report to NFIRS must be established prior to the end of the performance period. The recipient may be asked by FEMA to provide proof of compliance in reporting to NFIRS. Any recipient that stops reporting to NFIRS during their grant’s period of performance may be subject to the remedies for noncompliance at 2 C.F.R. § 200.339, unless it has yet to develop the capacity to report to NFIRS, as described above. Note: Although data collection is an important tool for understanding and justifying assistance, participation in other data sources, (E.g., National Fire Operations Reporting System [NFORS]) does not satisfy the requirement for reporting to NFIRS. 4. Maintenance of Effort (MOE) Pursuant to 15 U.S.C. § 2229(k)(3), an applicant seeking an FP&S Program grant shall agree to maintain, during the term of the grant, the applicant’s aggregate expenditures relating to activities allowable under this NOFO, at not less than 80% of the average amount of such expenditures in the two fiscal years prior to the fiscal year an FP&S Program grant is awarded. In other words, an applicant agrees that if it receives a grant award, the applicant will keep its overall expenditures during the award’s period of performance for activities that could be allowable costs under this NOFO at a level that is at least 80% or more of the average of what the applicant spent on such costs for those activities in FYs 2021 and 2022. This includes those funded with non-federal funding for activities that could be allowable costs under this NOFO. 5. Cost Share or Match Recipient cost sharing is generally required as described below and pursuant to 15 U.S.C.§ 2229(k)(1). In general, eligible applicants shall agree to make available non-federal funds to carry out an FP&S Program award in an amount equal to not less than 5% of the grant award. FEMA has developed a cost share calculator tool to assist applicants with determining their cost share. The cost share tool is available on the FEMA website at Fire Prevention and Safety Documents. 11 FY 2023 FP&S NOFO Types of Cost Share i. Cash (Hard Match): Cost share of non-federal cash is allowable for FP&S Program grants. ii. In-kind (Soft Match): In-kind cost share is allowable for FP&S Program grants. This includes using the values for the following in-kind contributions to meet the cost share requirement: • Complementary activities (such as providing additional smoke alarms for installation or education materials for public education); and • Provision of staff, facilities, services, materials, equipment. In-kind is the value of something received or provided that does not have a cost associated with it. For example, where an in-kind match is permitted, then the value of donated services could be used to comply with the match requirement. Also, third party in-kind contributions may count toward satisfying match requirements, provided the recipient receiving the contributions expends them as allowable costs in compliance with provisions listed above. Recipients who use in-kind contributions for their 5% cost share must comply with all applicable regulations and 2 C.F.R. Part 200 regarding matching or cost-sharing. Applicants who are under consideration for award and plan to use in-kind as their method for cost sharing will be asked to submit their plan for documenting and verifying in-kind contributions prior to award. Please see 2 C.F.R. § 200.306, as applicable, for further guidance regarding cost matching. The award budget will not account for any voluntary committed cost sharing or overmatch. The use of an overmatch is not given additional consideration when scoring applicants. 6. Economic Hardship Waivers The FEMA Administrator may waive or reduce recipient cost share or MOE requirements in cases of demonstrated economic hardship. Please see Appendix C – Award Administration Information for additional information. D. Application and Submission Information 1. Key Dates and Times a. Application Start Date: 03/11/2024 at 8 a.m. ET b. Application Submission Deadline: 04/12/2024 at 5 p.m. ET All applications must be received by the established deadline. FEMA’s Grants Outcomes (FEMA GO) System automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative role that submitted the application will also receive the official date/time 12 FY 2023 FP&S NOFO stamp and a FEMA GO tracking number in an email serving as proof of their timely submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled Timely Receipt Requirements and Proof of Timely Submission of this NOFO. FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award. Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” of FEMA means the following: prior to the application deadline and within 48 hours after the applicant became aware of the issue. A list of FEMA contacts can be found in Section G of this NOFO. For technical assistance with the FEMA GO system, please contact the FEMA GO Help Desk at FEMAGO@fema.dhs.gov or (877) 611-4700, Monday through Friday, 8 a.m. – 6 p.m. ET. For programmatic or grants management questions, please contact your Preparedness Officer or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the FP&S Program Help Desk by phone at (866) 274-0960 or by e-mail at FireGrants@fema.dhs.gov, Monday through Friday, 8 a.m. – 4:30 p.m. ET. c. Anticipated Funding Selection Date: No later than 07/31/2024 d. Anticipated Award Date: Beginning on approximately 07/31/2024 and continuing thereafter until all FY 2023 FP&S Program grant awards are issued (but no later than September 30, 2024). e. Other Key Dates Event Suggested Deadline for Completion Obtaining Unique Entity Identifier (UEI) number Four weeks before actual submission deadline Obtaining a valid Employer Identification Number (EIN) Four weeks before actual submission deadline Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or Updating SAM registration Four weeks before actual submission deadline Registering Organization in FEMA Grants Outcomes (FEMA GO) System Prior to beginning application Submitting the final application in FEMA GO One week before the submission deadline 13 FY 2023 FP&S NOFO 2. Agreeing to Terms and Conditions of the Award By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award. 3. Address to Request Application Package Applications are processed through the FEMA GO system. Note: Hard copies of the application are not available. However, the Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this notice is (800) 462-7585. 4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM) Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines. Please review the table above for estimated deadlines to complete each of the steps listed. Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding. To apply for an award under this program, all applicants must: 1. Apply for, update, or verify their Unique Entity Identifier (UEI) number and Employer Identification Number (EIN) from the Internal Revenue Service; 2. In the application, provide an UEI number; 3. Have an account with login.gov; 4. Register for, update, or verify their SAM account and ensure the account is active before submitting the application; 5. Register in FEMA GO, add the organization to the system, and establish the Authorized Organizational Representative (AOR). The organization’s electronic business point of contact (eBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see the FEMA GO Startup Guide. 6. Submit the complete application in FEMA GO; and 7. Continue to always maintain an active SAM registration with current information during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable. Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an 14 FY 2023 FP&S NOFO applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting FireGrants@fema.dhs.gov and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date. 5. Electronic Delivery DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity. For this funding opportunity, FEMA requires applicants to submit applications through FEMA GO. 6. How to Register to Apply a. General Instructions: Registering and applying for an award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information. The registration process can take up to four weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission. Organizations must have a Unique Entity Identifier (UEI) number, Employer Identification Number (EIN), and an active System for Award Management (SAM) registration. b. Obtain a UEI Number: All entities applying for funding, including renewal funding, must have a UEI number. Applicants must enter the UEI number in the applicable data entry field on the SF-424 form. For more detailed instructions for obtaining a UEI number, refer to: SAM.gov. 15 FY 2023 FP&S NOFO c. Obtain Employer Identification Number: In addition to having a UEI number, all entities applying for funding must provide an Employer Identification Number (EIN). The EIN can be obtained from the IRS by visiting: Apply for an EIN Online. d. Create a login.gov account: Applicants must have a login.gov account in order to register with SAM or update their SAM registration. Applicants can create a login.gov account here: login.gov sign up. Applicants only have to create a login.gov account once. For applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked. For more information on the login.gov requirements, visit SAM.gov | Home. e. Register with SAM: In addition to having a UEI number, all organizations must register with SAM. Failure to register with SAM will prevent your organization from applying. SAM registration must be renewed annually and must remain active throughout the entire grant life cycle. For more detailed instructions for registering with SAM.gov visit Applicant Registration | grants.gov. Note: As a new requirement per 2 C.F.R. § 25.200, applicants must also provide the applicant’s immediate and highest-level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal financial assistance within the past three years, if applicable. I. ADDITIONAL SAM REMINDERS Existing SAM.gov account holders should check their account to make sure it is “ACTIVE.” SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being “INACTIVE.” Please allow plenty of time before the grant application submission deadline to obtain a UEI number and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours before FEMA’s system recognizes the information. It is imperative that the information applicants provide is correct and current. Please ensure that your organization’s name, address, UEI number, and Employer Identification Number, or EIN, are up to date in SAM and that the UEI number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient’s having a current SAM registration. 16 FY 2023 FP&S NOFO II. HELP WITH SAM The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, please contact the Federal Support Desk or call toll free (866) 606-8220 Monday - Friday 8 a.m. to 8 p.m. ET. f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR: Applicants must register in FEMA GO and add their organization to the system. The organization’s electronic business point of contact (eBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see the FEMA GO Startup Guide. Note: FEMA GO will support only the most recent major release of the following browsers: • Google Chrome • Internet Explorer • Mozilla Firefox • Apple Safari • Microsoft Edge Users who attempt to use tablet type devices or other browsers may encounter issues with using FEMA GO. 7. Submitting the Final Application Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) may be accessed in the Forms tab under the SF-424 family on Grants.gov. Applicants should review these forms before applying to ensure they have all the information required. After submitting the final application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the AOR that submitted the application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives your application. For additional application submission requirements, including program-specific requirements, please refer to Section D.9: Content and Form of Application Submission of this NOFO. 8. Timely Receipt Requirements and Proof of Timely Submission All applications must be completed in FEMA GO by the application deadline. FEMA GO automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative (AOR) role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email 17 FY 2023 FP&S NOFO serving as proof of their timely submission on the date and time that FEMA GO received the application. Applicants who experience system-related issues will be addressed until 3:00 PM ET on the date applications are due. No new system-related issues will be addressed after this deadline. Applications not received by the application submission deadline will not be accepted. Applicants using unreliable internet connections, such as dial-up connections, should be aware that submission can take some time before FEMA GO receives your application. FEMA GO will display red validation errors if areas that need additional information to submit the application. Once your application is successfully submitted your application status will change from “pending submission” to “submitted to FEMA”. The FEMA GO Support Center reports that some applicants end the submission because they think that nothing is occurring during the submission process. Do not do this as it may cause your application to fail to be submitted and consequently not be considered for funding. Please give the system time to process the application. 9. Content and Form of Application Submission a. Standard Required Application Forms and Information The following forms or information are required to be submitted via FEMA GO. The Standard Forms (SF) are also available on Grants.gov; SF-424. 1. SF-424, Application for Federal Assistance 2. Grants.gov Lobbying Form, Certification Regarding Lobbying 3. SF-424A, Budget Information (Non-Construction) 4. SF-424B, Standard Assurances (Non-Construction) 5. SF-LLL, Disclosure of Lobbying Activities 6. Indirect Cost Agreement or Proposal if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an indirect cost rate agreement or proposal, please see Section D.10- Funding Restrictions and Allowable Costs of this NOFO for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be available, or contact the relevant FEMA staff identified in Section G- DHS Awarding Agency Contact Information of this NOFO for further instructions. b. Program-Specific Required Forms and Information R&D Activity Formatting Requirements I. NARRATIVE STATEMENT – FIRE SERVICE PANEL EVALUATION CRITERIA Each project must be supported by one Narrative Statement in response to the Fire Service Panel Evaluation Criteria. The Narrative Statement must follow the order of the Fire Service Panel Evaluation Criteria listed within this NOFO. The Fire Service Panel Narrative Statement is limited to 5 pages per project and must be attached as a separate document in the FEMA GO application. Any additional pages after the first 5 will not be reviewed. 18 FY 2023 FP&S NOFO Note: Fire service reviewers may reference the Science Panel Narrative Statement or the Appendix document but will score the Narrative Statement provided in response to the Fire Service Panel Evaluation Criteria. The contact information (e-mail address and telephone number) for the PI must be provided on the first page of the Narrative Statement. II. NARRATIVE STATEMENT – SCIENCE PANEL EVALUATION CRITERIA Each project must also be supported by one Narrative Statement in response to the Science Panel Evaluation Criteria. The Narrative Statement must follow the order of the Science Panel Evaluation Criteria listed within this NOFO. The Science Panel Narrative Statement is limited to 20 pages per project and must be attached as a separate document in the FEMA GO application. Any additional pages after the first 20 will not be reviewed. The first page of the Narrative Statement must include an abstract of approximately 300 words that addresses purpose and aims, relevance, methods, and anticipated outcomes. All narrative text, including pertinent footnotes, must be in the Narrative Statement. The contact information (e-mail address and telephone number) for the PI must be provided on the first page of the Narrative Statement. Tables and figures may be included in either the Narrative Statement or the Appendix document. III. APPENDIX - SCIENCE PANEL EVALUATION CRITERIA Each project must be supported by one Appendix document. The Appendix is limited to 25 pages per project. Any additional pages after the first 25 will not be reviewed. The Appendix may include, as appropriate, data collection instruments, additional tables and figures, illustrations, specifications for product designs, biosketches, and letters of commitment and role descriptions from partners. Additionally, if this project is a resubmission, applicants may use the Appendix to address how they adapted the proposal to address reviewer concerns from a previous year. IV. NARRATIVE STATEMENTS AND APPENDIX FORMATTING The Narrative Statements and the Appendix document must use the following style and formatting: • Font: Times New Roman or Arial • Font Size: 11 point or larger • Page Dimensions: Page dimensions must be 8.5” x 11” or smaller • Margins: All margins (top, bottom, left, and right) must be at least 1” • Header: The header on each page of the Narrative Statements and the Appendix must contain: o PI (surname) o Institution name (abbreviated) o Project Short Tittle o Page Number V. APPENDIX - BIOGRAPHICAL SKETCH A biographical sketch (biosketch) for the PI and lead scientists, as well as other key 19 FY 2023 FP&S NOFO personnel listed in the budget, are to be included in the Appendix, but are limited to a maximum of two pages per biosketch. Applicants are strongly encouraged to follow the biosketch sample below. Early Career Investigator projects must include the biosketch of the mentor(s) and a signed letter of commitment from the mentor(s) on their organization’s letterhead. Biosketch Sample for R&D Projects: The applicant is limited to a maximum of two pages per biosketch. • Font Size: 11 point or larger • Font Type: Times New Roman or Arial • Page Count: Two (maximum) • Must be completed by PI or Co-PI(s) NAME (Last, First, Middle) POSITION TITLE Institution/Organization EDUCATION/TRAINING (Begin with baccalaureate or other initial professional education, such as nursing, and include postdoctoral training.) INSTITUTION AND LOCATION DEGREE (if applicable) YEAR(s) FIELD OF STUDY Each biosketch should include: • Positions. List all selected appointments or other professional positions held, beginning with the present position and include years, title, organization, city, state, and country. • Service. Include selected positions held on advisory committees or other working groups, including all Federal Government advisory committees or other public working groups, beginning with the most recent. • Honors. Include selected honors received in the past 10 years beginning with the most recent. • Peer-reviewed publications. Include selected peer-reviewed publications in the past ten years, beginning with the most recent. • Other publications. Include selected documents produced in the past ten years, beginning with the most recent. • Research Support. List funding sources and amounts for all ongoing and selected completed research projects (federal and non-federal support) for the past ten years. 20 FY 2023 FP&S NOFO 10. Funding Restrictions and Allowable Costs All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in the NOFO, or the terms and conditions of the award. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award. See 2 C.F.R. § 200.403(h) (referring to budget periods, which for FEMA awards is the same as the period of performance). In general, the Cost Principles establish standards for the allowability of costs, provide detailed guidance on the cost accounting treatment of costs as direct or administrative costs, and set forth allowability principles for selected items of cost. More specifically, except as otherwise stated in this NOFO, the terms and condition of an award, or other program materials, costs charged to awards covered by this NOFO must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. In order to be allowable, all costs charged to a FEMA award or applied to the cost share must be reasonable in nature and amount and allocable to the particular FEMA award. Additionally, all costs charged to awards must comply with the grant program’s applicable statutes, policies, requirements in this NOFO as well as with the terms and conditions of the award. If FEMA staff identify costs that are inconsistent with any of these requirements, these costs may be disallowed, and FEMA may recover funds as appropriate, consistent with applicable laws, regulations, and policies. As part of those requirements, grant recipients and subrecipients may only use federal funds or funds applied to a cost share for the purposes set forth in this NOFO and the terms and conditions of the award, and those costs must be consistent with the statutory authority for the award. Grant funds may not be used for matching funds for other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the federal government or any other government entity. Additionally, federal employees are prohibited from serving in any capacity (paid or unpaid) on the development of any proposal submitted under this program. In addition to the subsections below, please see Appendix B – Programmatic Information and Priorities, Section d. Restrictions on Uses of Award Funds for additional information on funding restrictions and allowable costs. a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 21 FY 2023 FP&S NOFO 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Guidance is available at FEMA Policy #405-143-1 - Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Additional guidance is available at Contract Provisions Guide: Navigating Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards (fema.gov). Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to: • Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; • Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or • Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. I. REPLACEMENT EQUIPMENT AND SERVICES FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the NOFO. II. DEFINITIONS Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment or services means: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the 22 FY 2023 FP&S NOFO Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China. Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and cloud servers when produced, provided, or used by the entities listed in the definition of “covered telecommunications equipment or services.” See 2 C.F.R. § 200.471. b. Pre-Award Costs Generally, grant funds cannot be used to pay for products and services contracted for or obligated prior to the effective date of the award. Fees for grant writers are considered an exception and may be included as a pre-award expenditure, see Appendix C – Award Administration Information for details. Further, other costs incurred after the application deadline, but prior to an offer of award, may be eligible for reimbursement only if the following conditions are met: • The recipient must request approval from FEMA to incur such pre-award costs. Requests must be sent via email to FireGrants@fema.dhs.gov and include the application number and justification narrative. Please note, the recipient must seek approval at the time of acquisition and before the award is announced. • The recipient must receive written confirmation from FEMA that the expenses have been reviewed and that FEMA has determined the costs to be justified, unavoidable, and consistent with the grant’s scope of work. • The pre-award cost must meet the requirements of 2 C.F.R. § 200.458, which provides that the costs must be necessary for efficient and timely performance of the grant’s scope of work. Note: FEMA reserves the right to re-evaluate and disallow pre-award costs at time of award monitoring if it is later determined that the services were not properly procured or do not satisfy the requirements of 2 C.F.R. § 200.458. See Appendix C – Award Administration Information for further information regarding grant writer fees and Section H- Additional Information of this NOFO for general procurement under grants requirements. c. Management and Administration (M&A) Costs M&A activities are those directly related to the management and administration of the FP&S award funds, such as financial management and monitoring. M&A expenses should be based only on actual expenses or known contractual costs; requests that are simple percentages of the award, without supporting justification or adequate documentation, will not be allowed or considered for reimbursement. Salaries and fringe benefits for personnel/contractors directly supporting the grant are not required to be included in the M&A budget line item. No more than 3% of the federal share of FP&S Program funds awarded may be expended by the recipient for M&A for purposes associated with the FP&S Program award. 23 FY 2023 FP&S NOFO d. Indirect Facilities & Administrative (F&A) Costs Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the FEMA Preparedness Officer for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to FEMA Preparedness Officer for further instructions. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above or based upon on the de minimis rate or cost allocation plan, as applicable. e. Other Direct Costs I. AWARD LIMITS The total amount of funding a recipient may receive under an FP&S Program award is limited to a maximum federal share of $1.5 million set by § 33(d)(2) of the Federal Fire Prevention and Control Act of 1974, Pub. L. 93-498, as amended (15 U.S.C. § 2229(d)(2)). The total set aside under the National/State/Regional Programs and Projects - National Strategic Projects category is approximately $2 million. One to three awards are expected (but not required), each in the amount of $300,000 to $1,000,000. R&D Activity applicants applying under the Early Career Investigator category are limited to a maximum federal share of $600,000 per project. II. CONSTRUCTION Construction costs are not eligible under the FP&S Program. Construction includes major alterations to a building that changes the profile or footprint of the structure. Modifications to facilities activities described in Appendix B – Programmatic Information and Priorities, Section e. Funding Priorities are not considered construction costs for purposes of general award cost categorization and may be eligible. However, modifications to facilities activities might be considered “construction” for purposes of applicable procurement under grants requirements or environmental protection and historic preservation purposes. E. Application Review Information 1. Application Evaluation Criteria a. Programmatic Criteria Funding priorities and programmatic criteria for evaluating FP&S Program applications are established by FEMA based on the recommendations from the Criteria Development Panel 24 FY 2023 FP&S NOFO (CDP). Each year, FEMA convenes a panel of fire service professionals to develop funding priorities for the FP&S Program. The panel makes recommendations about funding priorities as well as developing criteria for awarding grants. The nine major fire service organizations represented on the panel are: • International Association of Fire Chiefs • International Association of Fire Fighters • National Volunteer Fire Council • National Fire Protection Association • National Association of State Fire Marshals • International Association of Arson Investigators • International Society of Fire Service Instructors • North American Fire Training Directors • Congressional Fire Service Institute The CDP is charged with making recommendations to FEMA regarding the creation or modification of previously established funding priorities as well as developing criteria for awarding grants. The content of this NOFO reflects implementation of the CDP’s recommendations with respect to the priorities, direction, and criteria for awards. FEMA will rank all complete submitted applications based on how well they respond to the evaluation criteria. Answers to the application’s activity specific questions provide information used to determine each application’s ranking. b. Financial Integrity Criteria Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred. FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant: i. Financial stability. ii. Quality of management systems and ability to meet management standards. iii. History of performance in managing federal award. iv. Reports and findings from audits. v. Ability to effectively implement statutory, regulatory, or other requirements. c. Supplemental Financial Integrity Criteria and Review Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000: i. FEMA is required to review and consider any information about the applicant, including information on the applicant’s immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and 25 FY 2023 FP&S NOFO performance system accessible through the System for Award Management (SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS). ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered. iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206. 2. Review and Selection Process FP&S Program applications will be scored competitively by no less than three members of a Peer Review Panel. Applications with the highest score rankings per activity will also be evaluated through a series of internal FEMA review processes for completeness, adherence to programmatic guidelines, technical feasibility, costs/quantities, and anticipated effectiveness of the proposed project(s). Below is the process by which applications will be reviewed. Section b is the rubric for the peer review process. a. Peer Review Panel Process I. FP&S ACTIVITY PROJECTS All applications will be evaluated through the Peer Review Panel process. A panel of peer reviewers is comprised of fire service representatives recommended by the CDP. Peer reviewers will assess the merits of each project within the application based on the narrative statement on the requested activity. The evaluation elements listed in the “Narrative Evaluation Criteria” below will be used to calculate the narrative’s score for each activity requested. Panelists will independently score each requested activity within the application, if necessary, discuss the merits and/or shortcomings of the application with his or her peers, and document the findings. A consensus is not required. II. R&D ACTIVITY PROJECTS The Peer Review Panel process is composed of a Fire Service Panel Review and a Science Panel Review. Narratives within the application will be evaluated through the following processes: FIRE SERVICE PANEL REVIEW All eligible project applications will first be reviewed and scored by a panel of fire service experts to assess the need and priority for the research results and the likelihood that the results would be implemented by the fire service in the United States. The projects that are determined most likely to be implemented to enable improvement in firefighter safety, health, or well-being will be deemed to be in the “competitive range” and will be forwarded to the second level of project review, which is the scientific panel review process. A consensus is not required. 26 FY 2023 FP&S NOFO SCIENCE PANEL REVIEW This panel will be comprised of scientists and technology experts who have expertise pertaining to the subject matter of the proposal. Scientific reviewers will independently score projects in the competitive range and, if necessary, discuss the merits or shortcomings of the project to reconcile any major discrepancies identified by fellow reviewers. A consensus is not required. 3. Narrative Evaluation Criteria The application’s Narrative Statements must provide specific details about the activity for which the applicant seeks funding, including budget details The weighted evaluation criteria used by the peer reviewers in the determination of the grant award, as described below, make up the elements of the narrative statement score. FEMA conducts reviews of a random sampling of applications to compare them for duplication including the narrative statements and statistical data. Therefore, all elements of the narrative statements must be specific and unique to the applying entity, and all statistical data must be accurate. Applications with narrative statements that have substantial duplication of statements, sentences, or paragraphs to other submitted applications, and/or inaccurate data that may mislead reviewers, may be disqualified. Discovery of falsification, fabrication, or plagiarism of other grant proposals will disqualify the application(s). Note: FEMA evaluates each application on its merit, veracity, and accuracy to ascertain how the narrative statement(s) outlined within the application depicts the applicant’s and their community’s uniqueness, their particular risks, and how selecting them over a similarly situated applicant advances the objectives of the FP&S to provide critically needed resources to carry out fire prevention education and training, fire code enforcement, fire/arson investigation, firefighter safety and health programming, prevention efforts, and research and development. At any time during application review process, including the technical review stage, FEMA may request additional documentation from applicants, including but not limited to: • Copies of official or certified documents demonstrating the claimed financial need; • Copies of the applicant’s needs assessment report, survey, or any documented other efforts undertaken to identify the applicant’s unique project objectives; • Copies of the risk analysis conducted to ascertain how said project will address the applicant’s unique needs in alignment with their mission and FP&S grant purpose; • Additional information or evidence detailing the applicant’s particular risks; and • Any other information deemed necessary to adequately weigh the applicant’s assistance request for funding under this discretionary-competitive grant program. No applicant is guaranteed funding. The Narrative Statement blocks do not allow for formatting. Do not type the Narrative Statements using only capital letters. Additionally, do not include tables, special characters or fonts (e.g., quotation marks, bullets), or graphs. Space for the Narrative Statements is limited. While each element must have a minimum of 200 characters, the maximum number of characters varies based on the questions being asked. Fire Departments and Interest Organizations are assigned differing weights for each scored 27 FY 2023 FP&S NOFO element. Peer Review Panelists will evaluate and score each activity based on the following narrative elements within each activity. a. FP&S Activity I. FINANCIAL NEED (FIRE DEPARTMENTS – 10%; INTEREST ORGANIZATION – 0%) Applicants must describe with particularity their unique financial need in the Applicant Information section of the application and detail how consistent it is with their need for financial assistance to carry out the proposed project(s). Applicants may include other unsuccessful attempts to acquire financial assistance. Applicants should provide detail about the applicant’s operating budget, including a high-level breakdown of the budget, the applicant’s inability to address financial needs without federal assistance, and other actions the applicant has taken to meet their needs (e.g., state assistance programs or other grant programs). While interest organizations do not receive points for their financial need, this information is necessary to holistically evaluate and understand the applicant’s financial need in comparison to similarly situated applicants. II. COMMITMENT TO MITIGATION (FIRE DEPARTMENTS ONLY - 5%) Fire department applicants that can demonstrate their commitment and proactive posture to reducing fire risk will receive higher consideration. Applicants must explain their code adoption and enforcement (to include Wildland Urban Interface [WUI] and commercial/residential sprinkler code adoption and enforcement) and mitigation strategies (including whether or not the jurisdiction has a FEMA-approved mitigation strategy). Applicants can also demonstrate their commitment to reducing fire risk by applying to implement fire mitigation strategies (code adoption and enforcement) via this application. III. VULNERABILITY STATEMENT (FIRE DEPARTMENTS - 15%, INTEREST ORGANIZATIONS - 25%) The assessment of fire risk is essential in the development of an effective project goal, as well as meeting FEMA’s goal to reduce risk by conducting a risk assessment as a basis for action. Vulnerability is a “weak link,” demonstrating high-risk behavior, living conditions, or any type of high-risk situation. The Vulnerability Statement should include a detailed description of the steps taken to determine the vulnerability and identify the target audience. The methodology for determination of vulnerability (i.e., how the vulnerability was found) should be discussed in-depth in the application’s Narrative Statement. • The specific vulnerability that will be addressed with the proposed project can be established through a formal or informal risk assessment. FEMA encourages the use of local statistics to illustrate the applicant’s particular vulnerability, rather than national statistics, when discussing the vulnerability. • In a clear, concise statement, the applicant should summarize the precise vulnerability the project will address, including who is at risk, what the risks are, where the risks are, and how the risks can be prevented, reduced, or mitigated. • For the purpose of this NOFO, formal risk assessments consist of the use of 28 FY 2023 FP&S NOFO software programs or recognized expert analysis that assess risk trends. • Informal risk assessments could include an in-house review of available data (e.g., NFIRS) to determine fire loss, burn injuries, or loss of life over a period of time, and the factors that are the cause and origin for each occurrence, including a lack of adoption or enforcement of certain codes. IV. PROJECT DESCRIPTION (FIRE DEPARTMENTS – 20%, INTEREST ORGANIZATIONS – 25%) Applicants must describe in detail not only the project components but also how the proposed project addresses the identified capability gap due to financial need and/or the specific vulnerabilities identified in the vulnerability statement. The following information should be included: • Project components; • Review of any existing programs or models that have been successful; • Detailed description of how the proposed project components fill the identified capability gap; and • If working with Fire Service Partners/Organizations, identify each partner/organization and the role(s) they will fill in the successful completion of the proposed project. V. IMPLEMENTATION PLAN (FIRE DEPARTMENTS - 25%, INTEREST ORGANIZATIONS – 30%) Each project proposal should include nuanced details on the implementation plan that discusses the proposed project’s goals and objectives. The following information should be included to support the implementation plan: • Goals and objectives; • Details regarding the methods and specific steps that will be used to achieve the goals and objectives; • Timelines outlining the chronological project steps (this is critical for determining the likelihood of the project’s completion within the period of performance); • Where applicable, examples of marketing efforts to promote the project, who will deliver the project (e.g., effective partnerships), and the manner in which materials or deliverables will be distributed; • Requests for props (i.e., tools used in educational or awareness demonstrations), including specific goals, measurable results, and details on the frequency for which the prop will be utilized. Applicants should include information describing the efforts that will be used to reach the high-risk audience and/or the number of people reached through the proposed project (examples of props include safety trailers, puppets, or costumes); and, • Where human subjects are involved, indicate whether the project has obtained exemption from the Institutional Review Board (IRB) (for details see Section F.2.g: Human Subjects Research of this NOFO). Note: For applicants proposing a complex project that may require a 24-month period of performance, please include significant justification and details in the 29 FY 2023 FP&S NOFO implementation plan that justify the applicant’s need for a period of performance of more than 12 months. VI. EVALUATION PLAN (FIRE DEPARTMENTS - 15%, INTEREST ORGANIZATIONS - 15%) Projects should include a plan for evaluation of effectiveness and identify measurable and quantifiable goals. Applicants seeking to carry out awareness and educational projects, for example, should identify how they intend to determine that there has been an increase in knowledge about fire hazards, or measure a change in the safety behaviors of the audience. Applicants should demonstrate how they will measure risk at the outset of the project in comparison to how much the risk decreased after the project is finished. There are various ways to measure the knowledge gained about fire hazards, including the use of surveys, pre- and post-tests, or documented observations. Applicants are encouraged to attend training on evaluation methods, such as the National Fire Academy’s “Demonstrating Your Fire Prevention Program’s Worth.” Note: In addition to a detailed evaluation plan as described above, if awarded, grant recipients are required to report on specific performance metrics through performance reports and at closeout (for details see Section A.11: Performance Measures of this NOFO). VII. COST-BENEFIT (FIRE DEPARTMENTS-10%, INTEREST ORGANIZATIONS - 5%) Projects will be evaluated and scored by the Peer Review Panelists based on how well the applicant addresses the fire prevention needs of the department or organization in an economic and efficient manner. The applicant should show how it will maximize the level of funding that goes directly into the delivery of the project. The costs associated with the project also must be reasonable for the target audience that will be reached, and a description should be included of how the anticipated project benefit(s) (quantified if possible) outweighs the cost(s) of the requested item(s). The application should provide justification for all costs included in the project to assist the Technical Evaluation Panel with their review. Additional Considerations: The following considerations are not scored but may impact the evaluation of the entire application. This information may be used by application reviewers or by FEMA during technical review prior to making funding decisions. • Meeting the needs of people with disabilities: Applicants in the Community Risk Reduction category will receive additional consideration if, as part of their comprehensive smoke alarm installation and education program, they address the needs of people with disabilities (e.g., deaf/hard-of-hearing) in their community. • Experience and expertise: Applicants who demonstrate their experience and ability to conduct fire prevention and safety activities, and to execute the proposed or similar project(s), will receive additional consideration. 30 FY 2023 FP&S NOFO b. R&D Activity All projects will be reviewed by a fire service expert panel using weighted evaluation criteria, and those projects deemed to be in the “competitive range” will then be reviewed by a scientific peer review panel using weighted evaluation criteria to score the project. Scientific peer review evaluations will impact the ranking of a project for funding. Funding decisions will be informed by an assessment of how well the application addresses the criteria and considerations listed below. Please refer to the program-specific forms and information section for required documents and formatting to be submitted with the application. It is expected that successful R&D Activity projects may give rise to future programs including FP&S Activity projects. I. FIRE SERVICE PANEL EVALUATION CRITERIA i. PURPOSE (25%): Applicants should clearly identify the specific benefits of the proposed research project to improve firefighter safety, health, or well-being. The discussion should include: • The specific risk to firefighter safety, health, or well-being that the project will address; • The expected benefits of the project, including how the project will prevent, reduce, or mitigate the specific risk; • The gaps in knowledge that will be addressed; and • The general project methods planned to produce the intended results. If applying under Early Career Investigator, applicants should identify how this project will support the professional development of the Principal Investigator (PI). If applying under Preliminary Studies, applicants should consider the project being proposed as well as the potential results of a closely related future full study. ii. POTENTIAL IMPACT (15%): Applicants should discuss the potential impact of the research outcome/product on firefighter safety by quantifying the possible reduction in the number of fatal or non-fatal injuries or on projected well-being by significantly improving the overall health of firefighters. The discussion should include: • An estimate of the number of firefighters potentially exposed to the risk being addressed by the project; and, • The potential degree (numbers, percentages, etc.) of risk mitigation from the project results. iii. IMPLEMENTATION BY FIRE SERVICE (25%): Applicants should discuss how the outcomes/products of this research, if 31 FY 2023 FP&S NOFO successful, are likely to be widely/nationally adopted and accepted by the fire service as changes that enhance firefighter safety, health, or well-being. The discussion should include: • The methods and costs associated with implementation at the fire department level; and, • Organizations, manufacturers, and/or others that will need to be involved to aid the process of adoption. iv. BARRIERS (15%): Applicants should identify and discuss potential fire service and other barriers to successfully completing the study on schedule, including contingencies and strategies to deal with barriers if they materialize. This may include barriers that could inhibit the proposed fire service participation in the study, barriers that could inhibit the adoption of successful results by the fire service when the project is completed, or project components most likely to cause delay in successful completion. If applying under Early Career Investigator, applicants should discuss potential barriers specific to that project, such as if the PI does not receive the expected mentorship. v. PARTNERS (20%): Applicants should recognize that participation of the fire service as a partner in the research from development to dissemination is regarded as an essential part of all projects. Describe the fire service partners and contractors that will support the project to accomplish the objectives of the study. The specific roles and contributions of the partners to the project should be described. Partnerships should be formed with national fire-related organizations and local and regional fire departments appropriate for the project. Letters of support and letters of commitment to actively participate in the project should be included in the Appendix of the application. Generally, participants of a diverse population, including both career and volunteer firefighters, are expected to facilitate acceptance of results nationally. In cases where this is not practical, due to the nature of the study or other limitations, these circumstances should be clearly explained. II. SCIENCE PANEL EVALUATION CRITERIA i. PROJECT GOALS, OBJECTIVES, AND SPECIFIC AIMS (ALL APPLICANTS - 15%): Applicants should address how the purpose, goals, objectives, and specific aims of the project will lead to results that will improve firefighter safety, health, or well-being. Describe the specific goals and objectives for each year of the project. ii. LITERATURE REVIEW (ALL APPLICANTS - 10%): Applicants should provide a literature review that is relevant to the project’s goals, objectives, and specific aims. The citations should be placed in the 32 FY 2023 FP&S NOFO narrative text and references listed at the end of the Narrative Statement (and not in the Appendix) of the application. The review should be of sufficient depth to make it clear that the proposed project is necessary, adds to an existing body of knowledge, is different from current and previous studies, and offers a unique contribution. Applicants may consider previously funded R&D Activity projects. iii. PROJECT METHODS (EARLY CAREER INVESTIGATOR APPLICANTS - 15%, ALL OTHER APPLICANTS - 20%): Applicants should provide a description of how the project will be carried out, including demonstration of the overall scientific and technical rigor and merit of the project. This includes the operations to accomplish the purpose, goals, and objectives, and the specific aims of the project. Plans to recruit and retain human subjects, where applicable, should be described. Where human subjects are involved, describe plans for submission to the IRB (for details see Section F.2.g- Human Subjects Research of this NOFO). iv. PROJECT MEASUREMENTS (EARLY CAREER INVESTIGATOR APPLICANTS - 15%, ALL OTHER APPLICANTS - 20%): Applicants should provide evidence of the technical rigor and merit of the project, such as data pertaining to validity, reliability, and sensitivity (where established) of the facilities, equipment, instruments, standards, and procedures that will be used to carry out the research. The applicant should discuss the data to be collected to evaluate the performance methods, technologies, and products proposed to enhance firefighter safety, health, or well-being. The applicant should demonstrate that the measurement methods and equipment selected for use are appropriate and sufficient to successfully deliver the proposed project objectives. v. PROJECT ANALYSIS (EARLY CAREER INVESTIGATOR APPLICANTS - 15%, ALL OTHER APPLICANTS - 20%): The applicant should indicate the planned approach for analysis of the data obtained from measurements, questionnaires, or computations. Specify within the plan what will be analyzed, the statistical methods that will be used, the sequence of steps, and interactions as appropriate. It should be clear that the PI and research team have the expertise to perform the planned analysis and defend the results in a peer review process. The adequacy of the number of participants, samples, or tests to address the research question should be discussed. vi. DISSEMINATION AND IMPLEMENTATION (ALL APPLICANTS - 15%): Applicants should indicate dissemination plans for scientific audiences (e.g., plans for submissions to specific peer review publications) and for firefighter audiences (e.g., via websites, magazines, and conferences). Also, assuming positive results and where applicable, indicate future steps that would support dissemination and implementation throughout the fire service. These are likely to be beyond the current study, so those features of the research activity that will 33 FY 2023 FP&S NOFO facilitate future dissemination and implementation should be discussed. All applicants should specify how the results of the project, if successful, might be disseminated and implemented in the fire service to improve firefighter safety, health, or well-being. Additionally, an applicant should specify how the results of the project, if it does not achieve proposed goals, might be disseminated in the fire service to document lessons and inform future projects for improving firefighter safety, health, or well-being. vii. MENTORING (EARLY CAREER INVESTIGATOR APPLICANTS ONLY - 15%): An important factor in the evaluation of Early Career Investigator projects is the participation of a mentor(s) in the project. A mentor for the PI should be an experienced researcher in areas appropriate to the research project and be able to provide support to the PI for ongoing development of knowledge and skills throughout the project. The mentor needs to have relationships with the fire service community sufficient to assist the PI in building relationships with fire departments and fire service organizations. The mentor has a role to support the applicant from defining the project and submitting the application for funding through the completion of a funded project. The applicant should identify the mentor(s) that has agreed to support the applicant and the proposed mentoring plan. In the plan, the applicant should discuss the role of the mentor(s) in the project and the expected benefits of the mentoring relationship to the applicant and the project. A biographical sketch and letter of commitment/support from the mentor(s) are required to be included in the Appendix document. Additional Considerations: The following considerations are not scored but may impact the evaluation of the entire application. This information may be used by FEMA during technical review prior to making funding decisions. • Cost vs. Benefit: Cost vs. benefit in this evaluation element refers to the costs of the grant for the R&D project vs. the benefits that are projected for firefighters who would have improved safety, health, or well-being. Applicants should demonstrate a high benefit for the cost incurred and effective utilization of federal funds for research activities. • Financial Need: In the Applicant Information section of the application, applicants must provide details on the need for federal financial assistance to carry out the proposed project(s). Included in the description might be other unsuccessful attempts to acquire financial assistance. Applicants should provide details about the organization’s operating budget, including a high-level breakdown of the budget; the organization’s inability to address financial needs without federal assistance; and other actions the organization has taken to meet their staffing needs (e.g., state assistance programs, other grant programs). 4. Technical Evaluation Process (TEP) The highest scoring project(s) for both activities, will be considered within the fundable range. Projects that are in the fundable range will undergo a Technical Review by the FEMA Program Office prior to being recommended for award. 34 FY 2023 FP&S NOFO The FEMA Program Office will assess the request with respect to costs, quantities, feasibility, eligibility, and recipient responsibility prior to recommending any application for award. Additionally, FEMA will review whether the project duplicates other federally funded research or prevention activities. Once the TEP is complete, a final ranking of projects will be created. FEMA will award grants based on this final ranking and the ability to meet statutorily required funding limitations outlined in Appendix B - Programmatic Information and Priorities of this NOFO. In awarding grants, the FEMA Administrator is required to consider: • The findings and recommendations of the Technical Evaluation Panel; • The degree to which an award will reduce deaths, injuries, and property damage by reducing the risks associated with fire-related and other hazards; and • The extent of an applicant’s need for an FP&S Program grant and the need to protect the United States as a whole. F. Federal Award Administration Information In addition to the language here, please see Appendix C - Award Administration Information in this NOFO for additional award administration information. 1. Notice of Award Before accepting the award, the AOR and recipient should carefully read the award package. The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO as well as any specific terms and conditions in the Notice of Award to receive an award under this program. FEMA will provide the federal award package to the applicant electronically via FEMA GO. Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and Obligating Document. An email notification of the award package will be sent through FEMA’s grant application system to the Authorized Organization Representative (AOR) that submitted the application. Recipients must accept their awards no later than 30 days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award through the FEMA GO system. Funds will remain on hold until the recipient accepts the award through the FEMA GO system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within the specified timeframe may result in a loss of funds. Recipients may request additional time to accept the award if needed. 35 FY 2023 FP&S NOFO 2. Administrative and National Policy Requirements In addition to the requirements of in this section and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200. a. DHS Standard Terms and Conditions All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at: DHS Standard Terms and Conditions. The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award. b. Ensuring the Protection of Civil Rights As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations. Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA. The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms and Conditions. Additional information on civil rights provisions is available on the FEMA website at; External Civil Rights Division. Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7. In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. c. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable. Recipients and subrecipients proposing projects that have the potential to impact the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new 36 FY 2023 FP&S NOFO construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA to determine whether the proposed project has the potential to impact environmental resources or historic properties. In some cases, FEMA is also required to consult with other regulatory agencies and the public to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not incompliance with applicable EHP laws, Executive Orders, regulations, and policies. DHS and FEMA EHP policy is found in directives and instructions available on the FEMA.gov EHP page, the FEMA website page that includes documents regarding EHP responsibilities and program requirements, including implementation of the National Environmental Policy Act and other EHP regulations and Executive Orders. Applicants may attach the EHP forms during the application period for the project(s) they wish to pursue; however, it does not guarantee award. Once the awards are announced, it is the responsibility of the grant recipients to supply the required EHP form at that time to DHS/FEMA, if they have not submitted it already during the application period. Applicants can only proceed with their project(s) once the EHP review is completed and approved. DHS/FEMA may notify grant recipients via email if EHP review is required and will provide instructions on how to comply. The GPD EHP screening form is located at Environmental & Historic Preservation Guidance for FEMA Grant applicants. Additionally, all recipients under this funding opportunity are required to comply with the FEMA GPD EHP Policy Guidance, FEMA Policy #108-023-1. FP&S Program applications that involve the installation of supplies/equipment not specifically excluded from a FEMA EHP Review, per the GPD Programmatic Environmental Assessment (PEA), such as ground-disturbing activities, or modification/renovation of existing buildings or structures, will require an EHP review. Some equipment will require an EHP review as well. Such activities include but are not limited to: • Installation of: o Fire/smoke/carbon monoxide alarms o Sprinklers o Wall mounted lock boxes o Storage racks/cabinets • Building renovations such as removal of wall or installation of electrical or waterlines • Training/exercises in natural settings such as rope or swift water • LED Signs • Tree trimming or vegetation removal/disturbance • Any scope of work that involves ground disturbances 37 FY 2023 FP&S NOFO The following activities would not require the submission of the FEMA EHP Screening Form: • Planning and development of policies or processes; • Management, administrative, or personnel actions; • Classroom-based training; • Acquisition of mobile and portable equipment (not involving installation) on or in a building and does not require a storage area to be constructed; and • Purchase of Personal Protective Equipment (PPE). d. Federal Flood Risk Management Standard All non-critical new construction or substantial improvement of structures in a Special Flood Hazard Area must, at a minimum, apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach unless doing so would cause the project to be unable to meet applicable program cost-effectiveness requirements. All other types of projects may choose to apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach. e. Difference between Application Request and Award During the review process for an FP&S Program award, FEMA may have modified the application request(s). These modifications will be identified in the award package provided upon the offer of an award. If the awarded activities, scope of work, or requested dollar amount(s) do not match the application as submitted, the recipient shall only be responsible for completing the activities actually funded by FEMA. The recipient is under no obligation to start, modify, or complete any activities requested but not funded by the award. The award package will identify any differences under the Approved Scope of Work section. f. Turndown Notifications FEMA GO will provide all applicants who do not receive an FY 2023 FP&S Program award with a turndown notification. g. Human Subjects Research The information in this section pertains to both FP&S Activity and R&D Activity applications with projects that include human subjects. See Appendix B – Programmatic Information and Priorities, Section e. Funding Priorities of this NOFO for more information on eligible projects involving human subjects. DHS/FEMA has a responsibility to ensure that mechanisms and procedures are in place to protect the safety of human subjects in DHS/FEMA-supported research. DHS requirements are set forth in 6 C.F.R. Part 46. A grant recipient must agree to meet all DHS requirements for projects using human subjects (and ensure any subrecipients or subcontractors meet those requirements) prior to implementing any work with human subjects. For the definition of “research” and “human subjects”, please see Appendix B – Programmatic Information and Priorities, Section b. Supporting Definitions for this NOFO. If a project involves human subjects, the project must undergo review by an Institutional Review Board (IRB). The IRB must provide an approval or exemption determination. In addition, the DHS Compliance Assurance Program Office (CAPO) must review and concur 38 FY 2023 FP&S NOFO with the IRB approval or exemption determination. Both IRB approval/exemption and DHS CAPO concurrence must precede any project activities involving human subjects. Examples of projects that typically need IRB and DHS CAPO oversight may include (but are not limited to) individuals that: • participate in laboratory or field testing of devices or tactics using methods, equipment, or devices outside of standard or proven methods; • participate in intervention trials; or • participate in qualitative interviews or focus groups during which they provide personal information, opinions, or feedback identifiable to the individual. Examples of projects possibly not needing IRB and DHS CAPO oversight may include (but are not limited to) individuals that: • answer questions on factual aspects (specifications) of things, products, or policies, rather than answering questions about people; • provide data about department statistics (such as number of employees, call volume, or types of fire calls); • answer questions about general business-related information; • carry passive sampling equipment; or • do not provide personal identifiers. If an applicant is unsure of the need for IRB and DHS CAPO oversight, the applicant must: • Obtain an opinion from an IRB and/or submit the project for IRB review; or • Obtain an opinion from DHS CAPO by contacting the FP&S Program Office. The FP&S Program Office will serve as a liaison to DHS CAPO. Before enrolling participants or commencing projects involving human subjects, an applicant must: 1. Obtain a review of the project by an internal or third-party IRB or obtain an initial review by the DHS CAPO. 2. If the IRB determines an exempt or non-exempt status, provide a copy of the following to the FP&S Program Office for review by DHS CAPO: o Investigators full name(s); o Grant number; o Department of Health and Human Services (HHS) Office of Human Research Protections (OHRP) Federal-Wide Assurance (FWA) Number; o IRB registry number for the IRB of Record (IRB0000XXXX); o IRB Panel Number (if reviewed by the full board); o IRB approval or exemption memo (ensure the level of risk and review category is included); o IRB approved protocol; o Complete application submitted to the IRB; o Any applicable IRB-approved surveys/questionnaires and recruitment materials (supporting documentation should be stamped by the IRB with the approval date and version number); 39 FY 2023 FP&S NOFO o IRB-approved informed consent forms or an IRB-approved waiver of informed consent with DHS listed as the sponsor (or a provide a justification for the exclusion of this information); and o If applicable, the IRB approved modification letter if this is a modification of an existing approved protocol. o Note: If this is a multi-site study and the additional sites are receiving DHS funding, DHS CAPO will need this same information from the other sites as well. The FP&S Program Office will provide the above-mentioned documentation to DHS CAPO. DHS CAPO will conduct a regulatory compliance assessment and forward comments or concerns to the FP&S Program Office and the applicant. The applicant must address in writing all regulatory concerns to the satisfaction of DHS CAPO, which may require the submission of revisions to the IRB. The DHS CAPO will then issue a letter of certification or concurrence with the IRB’s determination of exempt or non-exempt status. Only then may work with human subjects begin, such as participant enrollment. However, development of tools (e.g., survey instruments), protocols, and data gathering approaches may proceed prior to DHS CAPO certification. Grant recipients must prepare and submit documents to the IRB and DHS CAPO as soon as possible to avoid delays with project implementation. The grant recipient must also submit annual reports to DHS CAPO to include evidence of subsequent IRB reviews, amendments, or any changes of protocol. • If there is a continuing review, applicants should submit the following: o IRB approval letters, o Continuing review applications, and o Modified documents, recruitment documents, informed consents, or changes of protocol. • If there is an amendment or modification, applicants should submit the following: o IRB approval letters, o Amendment or modification applications, and o Modified study documents. • If there is a study closure, applicants should submit the following: o IRB acknowledgement of closure, and o Closure report or final summary of study submitted to IRB. h. R&D Activity – Research Terms and Conditions These Research Terms and Conditions implement the requirements of the Uniform Guidance (2 C.F.R § 200) issued by the U.S. Office of Management and Budget as it applies to research-related grants made by federal awarding agencies to institutions of higher education and nonprofit organizations, and consistent with government-wide research policy. Responsible and Ethical Conduct of Research Applicants must have a plan in place to provide appropriate training and oversight in the responsible and ethical conduct of research to undergraduates, graduate students, and postdoctoral researchers who will be supported by FP&S Program funds to conduct research. Training plans should comply with federal laws covering the use of humans in research, and establish procedures for investigating and reporting research misconduct, conflicts of interest, 40 FY 2023 FP&S NOFO and for managing recipient’s responsibilities under a federal award consistent with the ethical principles of the Belmont Report. (See the National Research Act, Pub. L. 93-348 and the Federal policy for the Protection of Human Subjects or the “Common Rule,” codified at 6 C.F.R. Part 46.) Training plans are subject to review, upon request. The recipient shall ensure that these requirements flow down to all subrecipients or are otherwise appropriately addressed in the subaward. Academic Technology Transfer and Commercialization of University Research Any institution of higher education, such as defined in section 101(A) of the Higher Education Act of 1965 (20 U.S.C. § 100(a)), that receives FP&S Program support and has received at least $25 million in total federal research grants in the most recently completed federal fiscal year shall keep, maintain, and make available upon request information concerning its general approach to and mechanisms for transfer of technology and commercialization of research results. Annual Meeting The recipient agrees to participate in each two-day annual meeting that may take place during the period of performance and should include the primary staff involved with the grant (example: PI and one researcher). The award recipient also agrees to notify and allow participation/attendance by FP&S Program Office staff at key meetings involving grant activities. Acknowledgement For any publication that results from FEMA grant-supported research, the award recipient must include an acknowledgment of FEMA grant support. If the award recipient issues any press releases concerning the outcome of the funded research, FEMA must be notified in advance to allow for coordination. Publications The award recipient agrees to provide full public access to any peer reviewed scholarly publications directly arising from research funded by the Federal Government in whole or in part under this award. This shall be accomplished by the recipient providing FEMA the final published documents no later than twelve months after their initial publication for republication by FEMA, in keeping with FEMA’s rights under 2 C.F.R. §200.315(b). 3. Reporting Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent. Recipients should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of purchasing documentation along with copies of cancelled checks or other proof of payment documentation for verification. a. Other Financial Reporting Requirements I. FEDERAL FINANCIAL REPORT (FFR) Recipients must report obligations and expenditures through the FFR form (SF-425) to FEMA. Recipients may review the Federal Financial Reporting Form (FFR) (SF- 41 FY 2023 FP&S NOFO 425). Recipients must file the FFR electronically using FEMA GO. II. FFR REPORTING PERIODS AND DUE DATES Recipients are required to submit a Federal Financial Report (FFR or SF-425) on a semi-annual basis. The FFR must be submitted through FEMA GO based on the calendar year beginning with the period after the award is made. Grant recipients are required to submit an FFR throughout the entire period of performance of the grant and for closeout. Reports are due: • No later than July 30 (for the period January 1 – June 30) • No later than January 30 (for the period July 1 – December 31) • Within 120 calendar days after the end of the Period of Performance Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. b. Programmatic Performance Reporting Requirements I. PERFORMANCE PROGRESS REPORT (PPR) The recipient is responsible for completing and submitting a PPR using FEMA GO. The PPR must be submitted through FEMA GO based on the calendar year beginning with the period after the award is made. Grant recipients are required to submit a PPR throughout the entire period of performance of the grant and for closeout. The PPR should include the following: • A brief narrative of overall project(s) status indicating progress toward project objectives; • A summary of project expenditures; • A summary of any products from research activities; • A description of any potential issues that may affect project completion; and, • Other information specific to the Activities awarded. Reports are due: • No later than July 30 (for the period January 1 – June 30) • No later than January 30 (for the period July 1 – December 31) • Within 120 calendar days after the end of the Period of Performance Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. c. Closeout Reporting Requirements I. CLOSEOUT REPORTING Within 120 calendar days after the end of the period of performance for the prime award or after an amendment has been issued to close out an award before the original POP ends, recipients must liquidate all financial obligations and must submit the following: • The final request for payment, if applicable. 42 FY 2023 FP&S NOFO • The final FFR (SF-425). • The final progress report detailing all accomplishments, including a narrative summary of the impact of those accomplishments throughout the period of performance. Note: R&D Activity recipients must provide a minimum of ten (10) pages that emphasizes results derived from the funded project throughout the period of performance. The format for this document should include the following sections: o Specific Aims of the Project, o Rationale for the Study, o Relevance to the Fire Service, o Project Partners and their Role, o Methods, o Outcomes, and o Significance, Implications, and Recommendations for the Fire Service. • Other documents required by this NOFO, terms and conditions of the award, or other FEMA guidance. In addition, pass-through entities are responsible for closing out their subawards as described in 2 C.F.R. § 200.344; subrecipients are still required to submit closeout materials within 90 calendar days of the period of performance end date. When a subrecipient completes all closeout requirements, pass-through entities must promptly complete all closeout actions for subawards in time for the recipient to submit all necessary documentation and information to FEMA during the closeout of the prime award. After the prime award closeout reports have been reviewed and approved by FEMA, a closeout notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for at least three years from the date of the final FFR. The record retention period may be longer, such as due to an audit or litigation, for equipment or real property used beyond the period of performance, or due to other circumstances outlined in 2 C.F.R. § 200.334. The recipient is responsible for refunding to FEMA any balances of unobligated cash that FEMA paid that are not authorized to be retained per 2 C.F.R. § 200.344(d). II. ADMINISTRATIVE CLOSEOUT Administrative closeout is a mechanism for FEMA to unilaterally move forward with closeout of an award using available award information in lieu of final reports from the recipient per 2 C.F.R. § 200.344(h)-(i). It is a last resort available to FEMA, and if FEMA needs to administratively close an award, this may negatively impact a recipient’s ability to obtain future funding. This mechanism can also require FEMA to make cash or cost adjustments and ineligible cost determinations based on the information it has, which may result in identifying a debt owed to FEMA by the recipient. 43 FY 2023 FP&S NOFO When a recipient is not responsive to FEMA’s reasonable efforts to collect required reports needed to complete the standard closeout process, FEMA is required under 2 C.F.R. § 200.344(h) to start the administrative closeout process within the regulatory timeframe. FEMA will make at least three written attempts to collect required reports before initiating administrative closeout. If the recipient does not submit all required reports in accordance with 2 C.F.R. § 200.344, this NOFO, and the terms and conditions of the award, FEMA must proceed to administratively close the award with the information available within one year of the period of performance end date. Additionally, if the recipient does not submit all required reports within one year of the period of performance end date, per 2 C.F.R. § 200.344(i), FEMA must report in FAPIIS the recipient’s material failure to comply with the terms and conditions of the award. If FEMA administratively closes an award where no final FFR has been submitted, FEMA uses that administrative closeout date in lieu of the final FFR submission date as the start of the record retention period under 2 C.F.R. § 200.334. In addition, if an award is administratively closed, FEMA may decide to impose remedies for noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. d. Additional Reporting Requirements I. DISCLOSING INFORMATION PER 2 C.F.R. § 180.335 This reporting requirement pertains to disclosing information related to government-wide suspension and debarment requirements. Before a recipient accepts a grant award with FEMA, the recipient must notify FEMA if it knows if it or any of the recipient’s principals under the award fall under one or more of the four criteria listed at 2 C.F.R. § 180.335: i. Are presently excluded or disqualified; ii. Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. § 180.800(a) or had a civil judgment rendered against it or any of the recipient’s principals for one of those offenses within that time period; iii. Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses listed in 2 C.F.R. § 180.800(a); or iv. Have had one or more public transactions (federal, state, or local) terminated within the preceding three years for cause or default. At any time after accepting the award, if the recipient learns that it or any of its principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the recipient must provide immediate written notice to FEMA in accordance with 2 C.F.R. § 180.350. 44 FY 2023 FP&S NOFO II. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE Per 2 C.F.R. Part 200, Appendix I § F.3, the additional post-award reporting requirements in 2 C.F.R. Part 200, Appendix XII may apply to applicants who, if upon becoming recipients, have a total value of currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies that exceeds $10,000,000 for any period of time during the period of performance of an award under this funding opportunity. Recipients that meet these criteria must maintain current information reported in FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of Appendix XII at the reporting frequency described in paragraph 4 of Appendix XII. III. SINGLE AUDIT REPORT For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report, also known as the single audit report. The audit must be performed in accordance with the requirements of U.S. Government Accountability Office’s (GAO) Government Auditing Standards, and the requirements of Subpart F of 2 C.F.R. Part 200. 4. Monitoring and Oversight Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance. During site visits or desk reviews, FEMA will review recipients’ files related to the award. As part of any monitoring and program evaluation activities, recipients must permit FEMA, upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program. Recipients must respond in a timely and accurate manner to FEMA requests for information relating to the award. Effective monitoring and oversight help FEMA ensure that recipients use grant funds for their intended purpose(s); verify that projects undertaken are consistent with approved plans; and ensure that recipients make adequate progress toward stated goals and objectives. Additionally, monitoring serves as the primary mechanism to ensure that recipients comply with applicable laws, rules, regulations, program guidance, and requirements. FEMA regularly monitors all grant programs both financially and programmatically in accordance with federal laws, regulations (including 2 C.F.R. Part 200), program guidance, and the terms and conditions of the award. All monitoring efforts ultimately serve to evaluate progress towards grant goals and proactively target and address issues that may threaten grant success during the period of performance. FEMA staff will periodically monitor recipients to ensure that administrative processes, policies and procedures, budgets, and other related award criteria are meeting Federal 45 FY 2023 FP&S NOFO Government-wide and FEMA regulations. Aside from reviewing quarterly financial and programmatic reports, FEMA may also conduct enhanced monitoring through either desk- based reviews, onsite monitoring visits, or both. Enhanced monitoring will involve the review and analysis of the financial compliance and administrative processes, policies, activities, and other attributes of each federal assistance award, and it will identify areas where the recipient may need technical assistance, corrective actions, or other support. Financial and programmatic monitoring are complementary processes within FEMA’s overarching monitoring strategy that function together to ensure effective grants management, accountability, and transparency; validate progress against grant and program goals; and safeguard federal funds against fraud, waste, and abuse. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements, while programmatic monitoring seeks to validate and assist in grant progress, targeting issues that may be hindering achievement of project goals and ensuring compliance with the purpose of the grant and grant program. Both monitoring processes are similar in that they feature initial reviews of all open awards, and additional, in-depth monitoring of grants requiring additional attention. Recipients and subrecipients who are pass-through entities are responsible for monitoring their subrecipients in a manner consistent with the terms of the federal award at 2 C.F.R. Part 200, including 2 C.F.R. § 200.332. This includes the pass-through entity’s responsibility to monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. In terms of overall award management, recipient and subrecipient responsibilities include, but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass-through entity, or other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the terms of 2 C.F.R. Part 200. G. DHS Awarding Agency Contact Information 1. Contact and Resource Information a. Program Office Contact The FP&S Program Helpdesk provides technical assistance to applicants for the online completion and submission of applications into FEMA GO, answers questions concerning applicant eligibility, recipient responsibilities, and helps in the programmatic administration of awards. The FP&S Program Helpdesk can be contacted at (866) 274-0960 or by email at FireGrants@fema.dhs.gov. Normal hours of operation are Monday through Friday, 8 a.m. to 4:30 p.m. ET. b. FP&S Program Application Guidance Documents Guidance documents such as application tutorials, Self-Evaluation Guides, and Frequently Asked Questions (FAQs) are provided to further explain the current FP&S Program, assist 46 FY 2023 FP&S NOFO with the online grant application, and highlight lessons learned and changes for FY 2023. For more details, please visit the FP&S Program website. c. FEMA-Grants-News FEMA-Grants-News is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. FEMA-Grants-News provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the federal, state, and local levels. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns. FEMA-Grants-News can be reached by phone at (800) 368-6498 or by e-mail at FEMA-Grants-News@fema.dhs.gov Monday through Friday, 9:00 AM – 5:00 PM ET. d. Grant Programs Directorate (GPD) Award Administration Division GPD’s Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the AAD’s Help Desk via e-mail at ASK-GMD@fema.dhs.gov. e. Equal Rights The FEMA Office of Equal Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to FEMA-CivilRightsOffice@fema.dhs.gov. f. Environmental Planning and Historic Preservation GPD’s EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to gpdehpinfo@fema.dhs.gov. 2. Systems Information a. FEMA GO For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk or (877) 611-4700, Monday through Friday, 8:00 AM – 6:00 PM ET. H. Additional Information 1. Termination Provisions FEMA may terminate a federal award in whole or in part for one of the following reasons. FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards. 47 FY 2023 FP&S NOFO a. Noncompliance If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non- responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient’s material failure to comply with the award terms and conditions. See also Section H.9- Actions to Address Noncompliance. b. With the Consent of the Recipient FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. c. Notification by the Recipient The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award. 2. Program Evaluation Federal agencies are encouraged to structure NOFOs that incorporate program evaluation activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting agency priority goal(s) and program outcomes. OMB Memorandum M-21-27, Evidence-Based Policymaking: Learning Agendas and Annual Evaluation Plans, implementing Title I of the Foundations for Evidence-Based Policymaking Act of 2018, Pub. L. No. 115-435 (2019) (Evidence Act), urges federal awarding agencies to use program evaluation as a critical tool to learn, improve equitable delivery, and elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.” Evidence Act, § 101 (codified at 5 U.S.C. § 311). As such, recipients and subrecipients are required to participate in a DHS-, Component, or Program Office-led evaluation if selected, which may be carried out by a third-party on behalf of the DHS, its component agencies, or the Program Office. Such an evaluation may involve information collections including but not limited to surveys, interviews, or 48 FY 2023 FP&S NOFO discussions with individuals who benefit from the federal award program operating personnel, and award recipients, as specified in a DHS-, component agency-, or Program Office-approved evaluation plan. More details about evaluation requirements may be provided in the federal award, if available at that time, or following the award as evaluation requirements are finalized. Evaluation costs incurred during the period of performance are allowable costs (either as direct or indirect) Recipients and subrecipients are also encouraged, but not required, to participate in any additional evaluations after the period of performance ends, although any costs incurred to participate in such evaluations are not allowable and may not be charged to the federal award. 3. Period of Performance Extensions Extensions to the period of performance (POP) for this program are allowed. Extensions to the POP identified in the award will only be considered through formal, written requests to the recipient’s and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with as needed when preparing an extension request. Recipients should request extensions sparingly and only under exceptional circumstances. Approval is not guaranteed. R&D Activity grants with a 4-year POP are not expected to need an extension. All extension requests must address the following: a. The grant program, fiscal year, and award number; b. Reason for the delay –including details of the legal, policy, or operational challenges that prevent the final outlay of awarded funds by the deadline; c. Current status of the activity(ies); d. Approved POP termination date and new project completion date; e. Amount of funds drawn down to date; f. Remaining available funds, both federal and, if applicable, non-federal; g. Budget outlining how remaining federal and, if applicable, non-federal funds will be expended; h. Plan for completion, including milestones and timeframes for achieving each milestone and the position or person responsible for implementing the plan for completion; and i. Certification that the activity(ies) will be completed within the extended POP without any modification to the original statement of work, as approved by FEMA. Extension requests will be granted only due to compelling legal, policy, or operational challenges. Extension requests will only be considered for the following reasons: • Contractual commitments by the recipient or subrecipient with vendors prevent completion of the project, including delivery of equipment or services, within the existing POP; • The project must undergo a complex environmental review that cannot be completed within the existing POP; • Projects are long-term by design, and therefore acceleration would compromise core programmatic goals; or • Where other special or extenuating circumstances exist. 49 FY 2023 FP&S NOFO Recipients should submit all proposed extension requests to FEMA for review and approval at least 60 days prior to the end of the POP to allow sufficient processing time. The review process can take up to 30 calendar days or longer. Recipients should factor this review period into the timing of when to submit a request for an extension. In accordance with FEMA policy, FEMA reviews extensions on a case-by-case basis and are typically granted for no more than a six-month period. 4. Disability Integration Pursuant to Section 504 of the Rehabilitation Act of 1973, recipients of FEMA financial assistance must ensure that their programs and activities do not discriminate against other qualified individuals with disabilities. Grant recipients should engage with the whole community to advance individual and community preparedness and to work as a nation to build and sustain resilience. In doing so, recipients are encouraged to consider the needs of individuals with disabilities into the activities and projects funded by the grant. FEMA expects that the integration of the needs of people with disabilities will occur at all levels, including planning; alerting, notification, and public outreach; training; purchasing of equipment and supplies; protective action implementation; and exercises/drills. The following are examples that demonstrate the integration of the needs of people with disabilities in carrying out FEMA awards: • Include representatives of organizations that work with/for people with disabilities on planning committees, work groups and other bodies engaged in development and implementation of the grant programs and activities. • Hold all activities related to the grant in locations that are accessible to persons with physical disabilities to the extent practicable. • Acquire language translation services, including American Sign Language, that provide public information across the community and in shelters. • Ensure shelter-specific grant funds are in alignment with FEMA’s Guidance on Planning for Integration of Functional Needs Support Services in General Population Shelters. • If making alterations to an existing building to a primary function area utilizing federal funds, complying with the most recent codes and standards and making path of travel to the primary function area accessible to the greatest extent possible. • Implement specific procedures used by public transportation agencies that include evacuation and passenger communication plans and measures for individuals with disabilities. • Identify, create, and deliver training to address any training gaps specifically aimed toward whole-community preparedness. Include and interact with individuals with disabilities, aligning with the designated program capability. • Establish best practices in inclusive planning and preparedness that consider physical access, language access, and information access. Examples of effective 50 FY 2023 FP&S NOFO communication access include providing auxiliary aids and services such as sign language interpreters, Computer Aided Real-time Translation (CART), and materials in Braille or alternate formats. FEMA grant recipients can fund projects towards the resiliency of the whole community, including people with disabilities, such as training, outreach and safety campaigns, provided that the project aligns with this NOFO and the terms and conditions of the award. 5. Conflicts of Interest in the Administration of Federal Awards or Subawards For conflicts of interest under grant-funded procurements and contracts, refer to Section H.6- Procurement Integrity in this NOFO and 2 C.F.R. §§ 200.317 – 200.327. To eliminate and reduce the impact of conflicts of interest in the subaward process, recipients and pass-through entities must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Recipients and pass-through entities are also required to follow any applicable federal and state, local, tribal, or territorial (SLTT) statutes or regulations governing conflicts of interest in the making of subawards. The recipient or pass-through entity must disclose to the respective Program Analyst or Program Manager, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by the federal or SLTT statutes or regulations or their own existing policies, within five days of learning of the conflict of interest. Similarly, subrecipients, whether acting as subrecipients or as pass-through entities, must disclose any real or potential conflict of interest to the recipient or next-level pass- through entity as required by the recipient or pass-through entity’s conflict of interest policies, or any applicable federal or SLTT statutes or regulations. Conflicts of interest may arise during the process of FEMA making a federal award in situations where an employee, officer, or agent, any members of his or her immediate family, his or her partner has a close personal relationship, a business relationship, or a professional relationship, with an applicant, subapplicant, recipient, subrecipient, or FEMA employees. 6. Procurement Integrity Through audits conducted by the DHS Office of Inspector General (OIG) and FEMA grant monitoring, findings have shown that some FEMA recipients have not fully adhered to the proper procurement requirements at 2 C.F.R. §§ 200.317 – 200.327 when spending grant funds. Anything less than full compliance with federal procurement requirements jeopardizes the integrity of the grant as well as the grant program. To assist with determining whether an action is a procurement or instead a subaward, please consult 2 C.F.R. § 200.331. For detailed guidance on the federal procurement standards, recipients and subrecipients should refer to various materials issued by FEMA’s Procurement Disaster Assistance Team (PDAT), such as the PDAT Field Manual and Contract Provisions Guide. Additional resources, including an upcoming trainings schedule can be found on the PDAT Website: https://www.fema.gov/grants/procurement. 51 FY 2023 FP&S NOFO The below highlights the federal procurement requirements for FEMA recipients when procuring goods and services with federal grant funds. FEMA will include a review of recipients’ procurement practices as part of the normal monitoring activities. All procurement activity must be conducted in accordance with federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. Select requirements under these standards are listed below. The recipient and any of its subrecipients must comply with all requirements, even if they are not listed below. Under 2 C.F.R. § 200.317, when procuring property and services under a federal award, states (including territories) must follow the same policies and procedures they use for procurements from their non-federal funds; additionally, states must now follow 2 C.F.R. § 200.321 regarding socioeconomic steps, 200.322 regarding domestic preferences for procurements, 200.323 regarding procurement of recovered materials, and 2 C.F.R. § 200.327 regarding required contract provisions. All other non-federal entities, such as tribes (collectively, non-state entities), must have and use their own documented procurement procedures that reflect applicable SLTT laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to, providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319 and the required procurement methods at § 200.320. a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 OMB recently updated various parts of Title 2 of the Code of Federal Regulations, among them, the procurement standards. States are now required to follow the socioeconomic steps in soliciting small and minority businesses, women’s business enterprises, and labor surplus area firms per 2 C.F.R. § 200.321. All non-federal entities should also, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States per 2 C.F.R. § 200.322. More information on OMB’s revisions to the federal procurement standards can be found in Purchasing Under a FEMA Award: OMB Revisions Fact Sheet. The recognized procurement methods in 2 C.F.R. § 200.320 have been reorganized into informal procurement methods, which include micro-purchases and small purchases; formal procurement methods, which include sealed bidding and competitive proposals; and noncompetitive procurements. The federal micro-purchase threshold is currently $10,000, and non-state entities may use a lower threshold when using micro-purchase procedures under a FEMA award. If a non-state entity wants to use a micro-purchase threshold higher than the federal threshold, it must follow the requirements of 2 C.F.R. § 200.320(a)(1)(iii)- (v). The federal simplified acquisition threshold is currently $250,000, and a non-state entity may use a lower threshold but may not exceed the federal threshold when using small purchase procedures under a FEMA award. See 2 C.F.R. § 200.1 (citing the definition of simplified acquisition threshold from 48 C.F.R. Part 2, Subpart 2.1). See 2 C.F.R. §§ 200.216, 200.471, and Appendix II as well as Section D.10.a of the NOFO regarding prohibitions on covered telecommunications equipment or services. 52 FY 2023 FP&S NOFO b. Competition and Conflicts of Interest Among the requirements of 2 C.F.R. § 200.319(b) applicable to all non-federal entities other than states, in order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. FEMA considers these actions to be an organizational conflict of interest and interprets this restriction as applying to contractors that help a non- federal entity develop its grant application, project plans, or project budget. This prohibition also applies to the use of former employees to manage the grant or carry out a contract when those former employees worked on such activities while they were employees of the non- federal entity. Under this prohibition, unless the non-federal entity solicits for and awards a contract covering both development and execution of specifications (or similar elements as described above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317 – 200.327, federal funds cannot be used to pay a contractor to carry out the work if that contractor also worked on the development of those specifications. This rule applies to all contracts funded with federal grant funds, including pre-award costs, such as grant writer fees, as well as post- award costs, such as grant management fees. Additionally, some of the situations considered to be restrictive of competition include, but are not limited to: • Placing unreasonable requirements on firms for them to qualify to do business; • Requiring unnecessary experience and excessive bonding; • Noncompetitive pricing practices between firms or between affiliated companies; • Noncompetitive contracts to consultants that are on retainer contracts; • Organizational conflicts of interest; • Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and • Any arbitrary action in the procurement process. Per 2 C.F.R. § 200.319(c), non-federal entities other than states must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed SLTT geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to maintain written standards of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract 53 FY 2023 FP&S NOFO supported by a federal award if he or she has a real or apparent conflict of interest. Such conflicts of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity. Under 2 C.F.R. 200.318(c)(2), if the recipient or subrecipient (other than states) has a parent, affiliate, or subsidiary organization that is not a state, local, tribal, or territorial government, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. In this context, organizational conflict of interest means that because of a relationship with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The non-federal entity must disclose in writing any potential conflicts of interest to FEMA or the pass-through entity in accordance with applicable FEMA policy. c. Supply Schedules and Purchasing Programs Generally, a non-federal entity may seek to procure goods or services from a federal supply schedule, state supply schedule, or group purchasing agreement. I. GENERAL SERVICES ADMINISTRATION SCHEDULES States, tribes, and local governments, and any instrumentality thereof (such as local education agencies or institutions of higher education) may procure goods and services from a General Services Administration (GSA) schedule. GSA offers multiple efficient and effective procurement programs for state, tribal, and local governments, and instrumentalities thereof, to purchase products and services directly from pre-vetted contractors. The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal Supply Schedules) are long-term government-wide contracts with commercial firms that provide access to millions of commercial products and services at volume discount pricing. Information about GSA programs for states, tribes, and local governments, and instrumentalities thereof, can be found at https://www.gsa.gov/resources- for/programs-for-State-and-local-governments and https://www.gsa.gov/buying- selling/purchasing-programs/gsa-schedules/schedule-buyers/state-and-local- governments. For tribes, local governments, and their instrumentalities that purchase off of a GSA schedule, this will satisfy the federal requirements for full and open competition provided that the recipient follows the GSA ordering procedures; however, tribes, 54 FY 2023 FP&S NOFO local governments, and their instrumentalities will still need to follow the other rules under 2 C.F.R. §§ 200.317 – 200.327, such as solicitation of minority businesses, women’s business enterprises, small businesses, or labor surplus area firms (§ 200.321), domestic preferences (§ 200.322), contract cost and price (§ 200.324), and required contract provisions (§ 200.327 and Appendix II). II. OTHER SUPPLY SCHEDULES AND PROGRAMS For non-federal entities other than states, such as tribes, local governments, and nonprofits, that want to procure goods or services from a state supply schedule, cooperative purchasing program, or other similar program, in order for such procurements to be permissible under federal requirements, the following must be true: • The procurement of the original contract or purchasing schedule and its use by the non-federal entity complies with state and local law, regulations, and written procurement procedures; • The state or other entity that originally procured the original contract or purchasing schedule entered into the contract or schedule with the express purpose of making it available to the non-federal entity and other similar types of entities; • The contract or purchasing schedule specifically allows for such use, and the work to be performed for the non-federal entity falls within the scope of work under the contract as to type, amount, and geography; • The procurement of the original contract or purchasing schedule complied with all the procurement standards applicable to a non-federal entity other than states under at 2 C.F.R. §§ 200.317 – 200.327; and • With respect to the use of a purchasing schedule, the non-federal entity must follow ordering procedures that adhere to applicable state, tribal, and local laws and regulations and the minimum requirements of full and open competition under 2 C.F.R. Part 200. If a non-federal entity other than a state seeks to use a state supply schedule, cooperative purchasing program, or other similar type of arrangement, FEMA recommends the recipient discuss the procurement plans with its FEMA preparedness officer. d. Procurement Documentation Per 2 C.F.R. § 200.318(i), non-federal entities other than states and territories are required to maintain and retain records sufficient to detail the history of procurement covering at least the rationale for the procurement method, selection of contract type, contractor selection or rejection, and the basis for the contract price. States and territories are encouraged to maintain and retain this information as well and are reminded that in order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Examples of the types of documents that would cover this information include but are not limited to: 55 FY 2023 FP&S NOFO • Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals; • Responses to solicitations, such as quotes, bids, or proposals; • Pre-solicitation independent cost estimates and post-solicitation cost/price analyses on file for review by federal personnel, if applicable; • Contract documents and amendments, including required contract provisions; and • Other documents required by federal regulations applicable at the time a grant is awarded to a recipient. • Additional information on required procurement records can be found on pages 24-26 of the PDAT Field Manual. 7. FEMA Financial Assistance Programs for Infrastructure a. Build America, Buy America Act Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. See also Office of Management and Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. None of the funds provided under this program may be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For FEMA's official policy on BABAA, please see FEMA Policy 207-22-0001: Buy American Preference in FEMA Financial Assistance Programs for Infrastructure available at https://www.fema.gov/sites/default/files/documents/fema_build-america-buy-america-act- policy.pdf To see whether a particular FEMA federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov. and https://www.fema.gov/sites/default/files/documents/fema_build-america-buy-america-act- policy.pdf Waivers When necessary, recipients (and subrecipients through their pass-through entity) may apply for, and FEMA may grant, a waiver from these requirements. 56 FY 2023 FP&S NOFO A waiver of the domestic content procurement preference may be granted by the agency awarding official if FEMA determines that: 1. Applying the domestic content procurement preference would be inconsistent with the public interest. 2. The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality. 3. The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25%. For FEMA awards, the process for requesting a waiver from the Buy America preference requirements can be found on FEMA’s website at: "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. Definitions Construction materials: an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, paint, and drywall. Domestic content procurement preference: Means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. Federal financial assistance: Generally defined in 2 C.F.R. § 200.1 and includes all expenditures by a federal agency to a non-federal entity for an infrastructure project, except that it does not include expenditures for assistance authorities relating to major disasters or emergencies under sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act relating to a major disaster or emergency declared under section 401 or 501, respectively, or pre and post disaster or emergency response expenditures. Infrastructure: infrastructure projects which serve a public function, including at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy. Produced in the United States: means the following for: 57 FY 2023 FP&S NOFO 1. Iron and steel: All manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. Manufactured products: The product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. Construction Materials: All manufacturing processes for the construction material occurred in the United States. Project: is any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States. 8. Record Retention a. Record Retention Period Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award generally must be maintained for at least three years from the date the final FFR is submitted. See 2 C.F.R. § 200.334. Further, if the recipient does not submit a final FFR and the award is administratively closed, FEMA uses the date of administrative closeout as the start of the general record retention period. The record retention period may be longer than three years or have a different start date in certain cases. These include: • Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition of the property. See 2 C.F.R. § 200.334(c). • If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. See 2 C.F.R. § 200.334(a). • The record retention period will be extended if the non-federal entity is notified in writing of the extension by FEMA, the cognizant or oversight agency for audit, or the cognizant agency for indirect costs, or pass-through entity. See 2 C.F.R. § 200.334(b). • Where FEMA requires recipients to report program income after the period of performance ends, the program income record retention period begins at the end of the recipient’s fiscal year in which program income is earned. See 2 C.F.R. § 200.334(e). • For indirect cost rate computations and proposals, cost allocation plans, or any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), the start of the record retention period depends on whether the indirect cost rate documents were submitted for negotiation. If the indirect cost rate documents were submitted for negotiation, the record retention period begins from the date those documents were submitted for negotiation. If indirect cost rate documents were not submitted for negotiation, the record retention period begins at the end of the recipient’s fiscal year or other 58 FY 2023 FP&S NOFO accounting period covered by that indirect cost rate. See 2 C.F.R. § 200.334(f). b. Types of Records to Retain FEMA requires that non-federal entities maintain the following documentation for federally funded purchases: • Specifications • Solicitations • Competitive quotes or proposals • Basis for selection decisions • Purchase orders • Contracts • Invoices • Cancelled checks Non-federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337. In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Non-federal entities who fail to fully document all purchases may find their expenditures questioned and subsequently disallowed. 9. Actions to Address Noncompliance Non-federal entities receiving financial assistance funding from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards, including the terms set forth in applicable federal statutes, regulations, NOFOs, and policies. Throughout the award lifecycle or even after an award has been closed, FEMA or the pass- through entity may discover potential or actual noncompliance on the part of a recipient or subrecipient. This potential or actual noncompliance may be discovered through routine monitoring, audits, closeout, or reporting from various sources. In the case of any potential or actual noncompliance, FEMA may place special conditions on an award per 2 C.F.R. §§ 200.208 and 200.339, FEMA may place a hold on funds until the matter is corrected, or additional information is provided per 2 C.F.R. § 200.339, or it may do both. Similar remedies for noncompliance with certain federal civil rights laws are authorized pursuant to 44 C.F.R. Parts 7 and 19. In the event the noncompliance is not able to be corrected by imposing additional conditions or the recipient or subrecipient refuses to correct the matter, FEMA might take other remedies allowed under 2 C.F.R. § 200.339. These remedies include actions to disallow costs, recover funds, wholly or partly suspend or terminate the award, initiate suspension and debarment proceedings, withhold further federal awards, or take other remedies that may be legally available. For further information on termination due to noncompliance, see Section H.1- Termination Provisions in the NOFO. 59 FY 2023 FP&S NOFO FEMA may discover and take action on noncompliance even after an award has been closed. The closeout of an award does not affect FEMA’s right to disallow costs and recover funds as long the action to disallow costs takes place during the record retention period. See 2 C.F.R. §§ 200.334, 200.345(a). Closeout also does not affect the obligation of the non-federal entity to return any funds due as a result of later refunds, corrections, or other transactions. 2 C.F.R. § 200.345(a)(2). The types of funds FEMA might attempt to recover include, but are not limited to, improper payments, cost share reimbursements, program income, interest earned on advance payments, or equipment disposition amounts. FEMA may seek to recover disallowed costs through a Notice of Potential Debt Letter, a Remedy Notification, or other letter. The document will describe the potential amount owed, the reason why FEMA is recovering the funds, the recipient’s appeal rights, how the amount can be paid, and the consequences for not appealing or paying the amount by the deadline. If the recipient neither appeals nor pays the amount by the deadline, the amount owed will become final. Potential consequences if the debt is not paid in full or otherwise resolved by the deadline include the assessment of interest, administrative fees, and penalty charges; administratively offsetting the debt against other payable federal funds; and transferring the debt to the U.S. Department of the Treasury for collection. FEMA notes the following common areas of noncompliance for FEMA’s grant programs: • Insufficient documentation and lack of record retention. • Failure to follow the procurement under grants requirements. • Failure to submit closeout documents in a timely manner. • Failure to follow EHP requirements. • Failure to comply with the POP deadline. 10. Audits FEMA grant recipients are subject to audit oversight from multiple entities including the DHS OIG, the GAO, the pass-through entity, or independent auditing firms for single audits, and may cover activities and costs incurred under the award. Auditing agencies such as the DHS OIG, the GAO, and the pass-through entity (if applicable), and FEMA in its oversight capacity, must have access to records pertaining to the FEMA award. Recipients and subrecipients must retain award documents for at least three years from the date the final FFR is submitted, and even longer in many cases subject to the requirements of 2 C.F.R. § 200.334. In the case of administrative closeout, documents must be retained for at least three years from the date of closeout, or longer subject to the requirements of 2 C.F.R. § 200.334. If documents are retained longer than the required retention period, the DHS OIG, the GAO, and the pass-through entity, as well as FEMA in its oversight capacity, have the right to access these records as well. See 2 C.F.R. §§ 200.334, 200.337. Additionally, non-federal entities must comply with the single audit requirements at 2 C.F.R. Part 200, Subpart F. Specifically, non-federal entities, other than for-profit subrecipients, that 60 FY 2023 FP&S NOFO expend $750,000 or more in federal awards during their fiscal year must have a single or program-specific audit conducted for that year in accordance with Subpart F. 2 C.F.R. § 200.501. A single audit covers all federal funds expended during a fiscal year, not just FEMA funds. The cost of audit services may be allowable per 2 C.F.R. § 200.425, but non-federal entities must select auditors in accordance with 2 C.F.R. § 200.509, including following the proper procurement procedures. For additional information on single audit reporting requirements, see Section F.3.d.III- Single Audit Report of this NOFO. The objectives of single audits are to: • Determine if financial statements conform to the Generally Accepted Accounting Principles (GAAP); • Determine whether the schedule of expenditures of federal awards is presented fairly; • Understand, assess, and test the adequacy of internal controls for compliance with major programs; and • Determine if the entity complied with applicable laws, regulations, and contracts or grants. For single audits, the auditee is required to prepare financial statements reflecting its financial position, a schedule of federal award expenditures, and a summary of the status of prior audit findings and questioned costs. The auditee also is required to follow up and take appropriate corrective actions on new and previously issued but not yet addressed audit findings. The auditee must prepare a corrective action plan to address the new audit findings. 2 C.F.R. §§ 200.508, 200.510, 200.511. Non-federal entities must have an audit conducted, either single or program-specific, of their financial statements and federal expenditures annually or biennially pursuant to 2 C.F.R. § 200.504. Non-federal entities must also follow the information submission requirements of 2 C.F.R. § 200.512, including submitting the audit information to the Federal Audit Clearinghouse within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The audit information to be submitted include the data collection form described at 2 C.F.R. § 200.512(c) and Appendix X to 2 C.F.R. Part 200 as well as the reporting package described at 2 C.F.R. § 200.512(b). The non-federal entity must retain one copy of the data collection form and one copy of the reporting package for three years from the date of submission to the Federal Audit Clearinghouse. 2 C.F.R. § 200.512; see also 2 C.F.R. § 200.517 (setting requirements for retention of documents by the auditor and access to audit records in the auditor’s possession). FEMA, the DHS OIG, the GAO, and the pass-through entity (if applicable), as part of monitoring or as part of an audit, may review a non-federal entity’s compliance with the single audit requirements. In cases of continued inability or unwillingness to have an audit conducted in compliance with 2 C.F.R. Part 200, Subpart F, FEMA and the pass-through entity, if applicable, are required to take appropriate remedial action under 2 C.F.R. § 200.339 for noncompliance, pursuant to 2 C.F.R. § 200.505. 61 FY 2023 FP&S NOFO 11. Payment Information FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. Payment requests are submitted through FEMA GO. 12. Whole Community Preparedness Preparedness is a shared responsibility that calls for the involvement of everyone—not just the government—in preparedness efforts. By working together, everyone can help keep the nation safe from harm and help keep it resilient when struck by hazards, such as natural disasters, acts of terrorism, and pandemics. Whole Community includes: • Individuals and families, including those with access and functional needs • Businesses • Faith-based and community organizations • Nonprofit groups • Schools and academia • Media outlets • All levels of government, including state, local, tribal, territorial, and federal partners The phrase “Whole Community” often appears in preparedness materials, as it is one of the guiding principles. It means two things: 1. Involving people in the development of national preparedness documents. 2. Ensuring their roles and responsibilities are reflected in the content of the materials. 13. Appendix A – FY 2023 FP&S Program Updates Appendix A contains a brief list of changes between FY 2022 and FY 2023 to the FP&S Program. Changes to the FY 2023 FP&S Program NOFO include: • Under Section B.4 – Period of Performance o Added that the period of performance for projects proposed under the R&D Activity will be 12, 24, or 36, or 48 months from the date of award. • Under Section C.1.b – Eligible Applicants o Added research foundations and public safety institutions as examples of non- profit organizations that are eligible under the R&D Activity. • Under Section E.3.b – R&D Activity Science Panel Evaluation Criteria o Added that an applicant must discuss the adequacy of the number of participants or samples to address the research question under the Project Analysis criteria. • Under Appendix B – Restrictions on Uses of Award Funds o Removed the requirement that Fire Safety Trailers are only eligible under regional projects. • Under Appendix B - FP&S Activity, Community Risk Reduction Category 62 FY 2023 FP&S NOFO o Clarified that FEMA requires residential smoke and carbon monoxide detectors to be installed in accordance with the most recent NFPA 72 National Fire Alarm and Signaling Code. For example, 2022 Edition of NFPA 72, Chapter 29, specifically section 29.7.1 for carbon monoxide detectors and section 29.8.1 for smoke detectors. o Clarified that fire sprinkler trailers/side by side trailers for the purpose of public education are eligible and 75% of usage must be dedicated to public education. o Clarified that fire safety trailers/houses for the purpose of educating the public on the basics of fire behavior and residential fire hazards are eligible, must be submitted under the Public Education Category, and 75% of usage must be dedicated public education. • Under Appendix B – FP&S Activity, Fire & Arson Investigation Category o Clarified the definition of arson investigation trailers as trailers equipped to perform fire origin and cause investigations. • Under Appendix B - FP&S Activity, National/State/Regional Programs and Projects o Revised National Strategic Projects to projects that directly advance the National Strategy culminating from the US Fire Administrator Working Groups. • Under Appendix B – FP&S Activity, Ineligible Projects and Items o Clarified that allowable costs may be limited to reasonable amounts, as determined by FEMA. o Added that trailers for the purpose of firefighting training/suppression (such as burn trailers or maze trailers) are ineligible. o Clarified guidance on giveaways, including that the cap does not apply to state or national projects and that safety devices are not considered giveaways. o Added that code plan review stations, technology development/building of virtual reality games/simulations, ballistic vests, body cameras, firefighter props, or any items/activities intended to be primarily funded under the Assistance to Firefighters Grant (AFG) Program or Staffing to Adequate Fire and Emergency Response (SAFER) Program are ineligible. 14. Appendix B – Programmatic Information and Priorities Appendix B contains details on FP&S Program information and priorities. Reviewing this information may help applicants make their application(s) more competitive. a. Ineligible Applications and/or Organizations Eligible applicants may apply for funding under both eligible activities (FP&S and R&D) but must complete a separate application for each eligible activity. Each application may be for up to three projects under that activity, however each project within an application must be presented separately as a free-standing proposal. Applicants are limited to one application per activity, per application period. If an applicant submits two applications for the same activity during a single application period, FEMA will disqualify both applications. Example 1 63 FY 2023 FP&S NOFO A community has a strategic goal of reducing the number of fires caused by the use of barbecue grills on the balconies of apartments. Attainment of this goal will be supported through two projects. The applicant plans to: • Launch a public education project; and • Strengthen code enforcement activities. Although both projects aim to reach the same goal, the projects are independent of one another and may be funded as such. Therefore, the public education items would be listed as one supporting project and the code enforcement items listed as the second supporting project. Although both projects will be included in one application, the projects must be independent in that the completion of one project, or any tasks within that project, does not depend on the funding of the other project. Each project requires its own separate supporting budget and narrative statement explaining how accomplishing these independent projects will help achieve the overall goal. Example 2 A community or organization may have more than one strategic goal depending on its audience or risk. For example, a national organization may have a goal to reduce firefighter fatalities through a national outreach project. It may also have a goal to implement an online training program. The organization would create one project for firefighter safety initiatives and a second project for the online training program. Both projects can be included in one application under the FP&S Activity. If two or more of the following entities have different funding streams, personnel rosters, and EINs but share the same facilities, FEMA considers them as being separate organizations for the purposes of FY 2023 FP&S Program eligibility: • Fire departments • National, state, local, federally recognized tribal, and non-profit interest organizations • Other non-profit organizations, such as academic (e.g. universities), research foundations, public safety institutes, public health, occupational health, and injury prevention institutions If two or more organizations share facilities and each submits an application in the same activity (e.g., Community Risk Reduction, Wildfire Risk Reduction, Code Enforcement/Awareness, Fire & Arson Investigation, and National/State/Regional Programs and Projects), FEMA reserves the right to review all of those program area applications for eligibility. This determination is designed to avoid the duplication of benefits. Examples of ineligible applications and/or organizations include: • For-profit organizations, federal agencies, and individuals 64 FY 2023 FP&S NOFO • Fire departments that are a Federal Government entity, or contracted by the Federal Government, and are solely responsible under a formally recognized agreement for suppression of fires on federal installations or land • Fire departments that are not independent entities but are part of, controlled by, or under the day-to-day operational command and control of a larger department, agency or AHJ o However, if a fire department is considered to be the same legal entity as a municipality or other governmental organization, and otherwise meets the eligibility criteria, that municipality or other governmental organization may apply on behalf of that fire department as long as the application clearly states that the fire department is considered part of the same legal entity • Non-federal airport or port authority fire departments whose sole responsibility is the suppression of fires on the airport grounds or port facilities, unless the airport/port fire department has a formally recognized arrangement with the local jurisdiction to provide fire suppression on a first-due basis outside the confines of the airport or port facilities • If an applicant submits two or more applications for the same activity, both applications may be disqualified o This is different from when an entity is applying on behalf of other organizations that are agencies or instrumentalities of the applicant (e.g., multiple fire departments under the same county, city, borough, parish, or other municipality) o In that situation, the applicant may request similar or the same costs as long as the application clearly states which costs (including quantities) are for which agency/instrumentality o This is permissible even if that entity submits multiple applications across regional versus direct applications b. Supporting Definitions for this NOFO Authority Having Jurisdiction (AHJ) is that person or office charged with enforcing the NFPA codes (Per NFPA101-2015 Edition: Life Safety Code). Career Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. Combination Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has paid firefighting personnel and volunteer firefighting personnel. FEMA considers a fire department with firefighting personnel paid a stipend on a per-event basis, or paid on- call, to be a combination fire department. Human Subject means a living individual about whom an investigator (whether professional or student) conducting research: i. obtains information or biospecimens through intervention or interaction with the individual, and uses, studies, or analyzes the information or biospecimens; or, ii. obtains, uses, studies, analyzes, or generates identifiable private information or identifiable biospecimens. 65 FY 2023 FP&S NOFO Human subjects are the living participants involved in the testing of some object, measurement of physiologic or biologic process, providing an opinion about behavior, identifying personal behaviors, or participating in an intervention, either as a test or control person. Human subjects may be a healthy individual or a clinical patient. Interest Organizations are national, regional, state, local, tribal, and non-profit entities that are recognized for their experience and expertise in fire prevention and safety programs. Fire Department is an agency or organization that has a formally recognized arrangement with a state, territory, local government, or tribal authority (city, county, parish, fire district, township, town, village or other governing body) to provide fire suppression on a first-due basis to a fixed geographical area. Fire departments may be comprised of members who are volunteer, career, or a combination of volunteer and career. Primary First Due is a geographic area surrounding a fire station in which a company from that station is projected to be first to arrive on the scene of an incident. Research means a systematic investigation, including development, testing, and evaluation, designed to develop or contribute to generalizable knowledge. Research should be conducted in accordance with suitable methodologies set by specific professional fields and academic disciplines. Any research involving human subjects must be reviewed by an IRB (for details see Section F.2.g- Human Subjects Research of this NOFO). Only projects determined by an IRB as exempt from further IRB oversight are eligible for FP&S activity funding under the National/Regional/State Programs and Projects category. State is defined as any of the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Volunteer Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has an all-volunteer force of firefighting personnel. c. Application Tips The following information may be useful when preparing a competitive application: • For the most competitive applications, select the local need(s) that most closely align with one or more FP&S Program funding priorities. • Applications differ based on the applicant type. For example, the FP&S Activity application will be different from the R&D Activity application; the FP&S Activity application will be different for a fire department than an interest organization applying for the same FP&S Activity. Be sure to select the appropriate applicant type when applying. • When filling out the online application, applicants are required to provide basic demographic information regarding their organization and the community served and must provide detailed information regarding the items or activities for which they are seeking funding. 66 FY 2023 FP&S NOFO • When adding costs to the application, applicants must include total project costs (including both the federal and non-federal portion) to ensure that the cost share is correctly calculated. • If awarded, the application request(s) may be modified during the award review process; if the awarded activities, Scope of Work, or amount(s) do not match the application as submitted, the grant recipient shall only be responsible for completing the activities actually funded. The grant recipient is under no obligation to start, modify, or complete any activities requested but not funded by the award. d. Restrictions on Uses of Award Funds • Under the FP&S Activity, applications that request a Risk Assessment project are precluded from applying for, or being awarded, additional FP&S Activity projects. • Firefighter overtime for fire suppression and operational activities are not allowable expenses but documented firefighter overtime costs to support awarded activities (such as smoke alarm installation) are allowable personnel expenses. • A project awarded under either the FP&S Activity or the R&D Activity requires IRB review if human subjects are involved (see definitions above and Section F.2.g- Human Subjects Research of this NOFO). e. Funding Priorities I. FP&S ACTIVITY OVERVIEW FEMA desires to provide flexibility to applicants to design innovative strategies and/or unique proposals that reach for a higher level of safety for the public with respect to fire and fire-related hazards. All proposals, as part of the vulnerability statement, will be evaluated on how well the applicant demonstrates the understanding of their actual community fire and safety risks. A community risk assessment should be used to document the “risk” as a basis for mitigation. If the applicant has evidence of a community risk, the application should be based on solving the problem that will reduce the risk. A risk analysis should be the foundation of the application. FEMA encourages applicants designing fire prevention initiatives to utilize the “Fire is Everyone’s Fight™” campaign from the United States Fire Administration (USFA). This program uses a wide range of resources to communicate the importance of taking action to protect ourselves and the people we love from the dangers of fire. “Fire is Everyone’s Fight™” is designed to unite the fire service and many others in a collaborative effort to reduce home fire injuries, deaths, and property loss. It invites fire departments, safety advocates, community groups, schools, and others to rally behind a common and compelling theme. USFA and its partners will communicate and reinforce key lessons across many proven fire safety and prevention initiatives and programs, available at Fire Is Everyone's Fight® (fema.gov). 1. Comprehensive Fire and Life Safety Education Program A comprehensive education program goes beyond awareness of risk factors. It is based on a plan that contains elements designed to result in knowledge gain, application of knowledge, and ultimately, behavior change based upon understanding 67 FY 2023 FP&S NOFO and acceptance of new knowledge and skills. The five-step planning process, as developed by the USFA, is used for the design, implementation, and evaluation of comprehensive education programs. Important steps in the process include risk analysis, community partners, intervention strategy, implementation, and evaluation. An intervention strategy that incorporates multiple Es (Education, Engineering, and Enforcement) has the best chance of making a measurable difference. Note: More information on the five-step planning process can be found in the U.S. Fire Administration’s “Public Fire Education Planning: A Five-Step Process” guide. EXAMPLE People learn best when information is presented simply, repeated often, sustained over a period of time, and practiced. This is especially true when educating children about fire and life safety. A comprehensive education program using a fire safety trailer might look like this: • Risk Analysis: The fire department uses local incident data to identify and prioritize the types of fires occurring in the community. The program planning team ensures appropriate educational messages are included to address the fire problems that are causing these incidents. They focus attention and resources in specific areas or neighborhoods where fire calls are most frequent. • Community Partners: The fire department reaches out to schools in the neighborhoods at highest risk of fire to schedule a safety trailer visit. They partner with classroom teachers, who work with the students ahead of time to prepare for the visit. The teacher introduces key fire safety concepts, along with vocabulary words the firefighters will use during the visit. • Intervention Strategy: The safety trailer is used as a hands-on tool for students to learn and practice what they know about fire safety. Lessons are tailored to the age and ability of the students. For example, the smoke feature is not used for a classroom of preschoolers, as this would frighten some of the children. • Implementation: The trailer visit is implemented as part of a three-part implementation strategy - before, during, and after. BEFORE the visit, teachers prepare students about what they will learn and do when the trailer visits their school. DURING the visit, firefighters explain key safety messages in simple terms and give students a chance to practice what to do. AFTER the visit, teachers talk with students about what they learned, and encourage them to test their smoke alarms and practice a home fire drill with their families. The teachers help identify families that do not have smoke alarms. When possible, the fire department follows up with these families to install smoke alarms in these homes and educate the parents and caregivers about fire safety. Use of multiple Es might be appropriate lessons (Education) combined with free smoke alarm installation (Engineering) according to code requirements (Enforcement). • Evaluation: With the teacher’s help, the fire department conducts a follow up session with the students in class to review lessons learned and gauge sustained knowledge. Additionally, with assistance from the school, the fire 68 FY 2023 FP&S NOFO department may send home a parent survey to determine how many homes installed smoke alarms, tested smoke alarms, and practiced a family fire drill since the visit. The fire department would then compare current local incident data with the data collected during the risk analysis to determine the impact of the program. 2. Category Priorities and Eligible Projects The following tables list the eligible categories and priorities under the FP&S Activity. i. Community Risk Reduction Category Community Risk Reduction Category - Program Priorities According to data available to FEMA and the USFA, working smoke alarms and residential sprinklers greatly reduce the risk of fire casualties for the nation’s residents. Therefore, under this category there are three distinct, but equal, priorities. • Smoke Alarm Installations: Programs that target a specific high-risk population to conduct both door-to-door smoke alarm installations and provide home safety inspections, as part of a comprehensive home fire safety campaign. The comprehensive home fire safety campaign must also include an educational program that is delivered to the occupant at the time of the installation and inspection. Installation may include combination smoke and carbon monoxide alarms. Further, additional consideration will be given to applicants who incorporate supplies for deaf/hard-of-hearing alarm installations as part of their comprehensive installation and education effort (hardwiring of deaf/hard-of-hearing smoke alarms is eligible). FEMA, through its FP&S Program, promotes the use of smoke alarms that are powered by non-removable, long-life batteries, and are enclosed within a tamper- resistant housing. Applicants who do not plan on using smoke alarms powered by non- removable, long-life batteries, and are not enclosed within a tamper-resistant housing, must address the rationale for using alternatives. FEMA requires residential smoke and carbon monoxide detectors to be installed in accordance with the most recent NFPA 72 National Fire Alarm and Signaling Code. For example, 2022 Edition of NFPA 72, Chapter 29, specifically section 29.7.1 for carbon monoxide detectors and section 29.8.1 for smoke detectors. • Sprinkler Awareness: Programs that include sprinkler awareness that affect the entire community in this effort, such as educating the public about sprinklers, promoting sprinklers, and demonstrating working models of sprinklers. Installation of sprinkler systems is only eligible if proposed as part of a sprinkler demonstration/educational effort. 69 FY 2023 FP&S NOFO Community Risk Reduction Category - Program Priorities Fire sprinkler trailers/side by side trailers for the purpose of public education are eligible. 75% of usage must be dedicated to public education. • Risk Assessments: Community-appropriate comprehensive risk assessments and risk reduction planning. WUI risk assessment projects should be applied for under this category. Note: Applications that request a risk assessment are precluded from applying for or being awarded additional projects. Community Risk Reduction - Examples of Other Eligible Projects • Smoke Alarms: Applicants who are unable to meet the above stated funding priority (door-to-door installations and home safety inspections) for this category are still eligible to apply for smoke alarms (or combination smoke and carbon monoxide [CO] alarms). This includes projects that encompass educational components that teach how smoke alarms work to provide early warning in case of a fire, while promoting the installation of smoke alarms and/or inspections to assure that previously installed smoke alarms are operational. Applicants who will not perform installation of the alarms should discuss in their Narrative Statement the methodology for ensuring that the alarms will be properly installed in accordance with the most recent NFPA 72 National Fire Alarm and Signaling Code. For example, 2022 Edition of NFPA 72, Chapter 29, specifically section 29.7.1 for carbon monoxide detectors and section 29.8.1 for smoke detectors. FEMA, through its FP&S Program, promotes the use of smoke alarms that are powered by non-removable, long-life batteries, and are enclosed within a tamper-resistant housing. Applicants who do not plan on using smoke alarms powered by non-removable, long-life batteries, and are not enclosed within a tamper- resistant housing, must address the rationale for using alternatives. • Training: Local or regional projects to educate or train personnel in the area of public education are eligible under this activity. • General Prevention/Awareness: Projects that include general prevention initiatives, including lock-box installation, CO detectors, address markers, cooking range technologies, etc., are eligible under this activity. • Public Education: National or local projects that promote the reduction of injury due to fire or other safety hazards are eligible under this activity. Projects may include burn prevention, media/public relations campaigns, injury prevention, or other community risk reductions that could be justified in the Narrative Statement. Educational props (educational tools), including fire extinguisher trainers, must be part of a comprehensive and detailed public safety education campaign. An LED/electronic sign is eligible if it is part of a comprehensive and detailed public safety education campaign. Only one LED/electronic sign is allowed per applicant and 70 FY 2023 FP&S NOFO Community Risk Reduction - Examples of Other Eligible Projects 75% of usage must be dedicated to the comprehensive/detailed public education campaign. Additional restrictions apply (for details see Section F.2.c- Environmental Planning and Historic Preservation (EHP) Compliance of this NOFO). Eligible items also include escape planning, model homes, and curriculum delivery tools. Projects that will deliver training to the public in the area of automatic external defibrillators (AEDs), Cardio-Pulmonary Resuscitation (CPR), or age-appropriate fire extinguisher training will be considered. However, if the projects are for fire department operational staff, these projects should be requested under the AFG Program. Fire safety trailers/houses for the purpose of educating the public on the basics of fire behavior and residential fire hazards are eligible and must be submitted under the Public Education Category. 75% of usage must be dedicated public education. • Juvenile Fire Setter Projects: Projects that are designed to mitigate the instances of fire set by children are eligible under this activity. Projects may have treatment and intervention components. The intervention components should be age appropriate. ii. Wildfire Risk Reduction Wildfire Risk Reduction - Program Priority Education and awareness programs that protect lives, property, and natural resources from fire in the WUI (not forestry), including Community Wildfire Protection Plans (CWPP) or programs supporting fire adapted community initiatives, should be applied for under this activity. Fuel reduction demonstrations, in a targeted location as part of an awareness and education effort, are considered but additional restrictions apply (for details see Section F.2.c- Environmental Planning and Historic Preservation (EHP) Compliance of this NOFO). Education and awareness programs should apply to the entire community such as educating the public about fire-related WUI risks, promoting fuel reduction, and may include a community Wood Chipper Program and/or External Home Sprinkler Kits. Note: WUI risk assessment projects should be applied for under the Community Risk Reduction, Risk Assessment Category. 71 FY 2023 FP&S NOFO Wildfire Risk Reduction - Examples of Other Eligible Projects • External Home Sprinkler Kits - only eligible if proposed as part of a WUI education/awareness effort. • Wood Chipper Programs - only eligible if proposed as part of a WUI education/awareness effort. Wood Chipper Programs may include contract services for fuel reduction or removal (community wood chipper) or renting wood chippers plus salary and benefits for employees with dedicated community wood chipper duties. Wood Chippers may not be purchased through this grant program. iii. Code Enforcement/Awareness Category Code Enforcement/Awareness Category - Examples of Other Eligible Projects • Assistance for the adoption or awareness of building codes. • Support for conducting inspections or pre-planning (including personnel costs, software, supplies, and training assistance). • Promotion of code enforcement to improve engineering and/or enacting fire-related ordinances for new construction. iv. Fire & Arson Investigation Category Fire & Arson Investigation Category - Program Priority Projects that aim aggressively to investigate every fire. Fire & Arson Investigation - Examples of Other Eligible Projects • Arson investigation trailers (trailers equipped to conduct/train to conduct fire origin and cause investigations) • Arson investigation equipment (including PPE) • Arson investigator training • Arson-related surveillance equipment • Arson prevention training • Personnel costs • Educational materials • Media equipment Code Enforcement/Awareness Category - Program Priority Projects that focus on first time or reinstatement of code adoption and code enforcement, including WUI fire codes for communities with a WUI-wildfire risk. See the U.S. Fire Administration Wildfire and the Wildland Urban Interface (WUI) resources for additional information. 72 FY 2023 FP&S NOFO v. National/State/Regional Programs and Projects Category National/State/Regional Programs and Projects - Program Priority Projects should aim to measurably change behavior and decision-making of the target audience. Projects should communicate and disseminate strategies to measurably effect change. Projects may include, but are not limited to, the following: • Projects that focus on residential fire issues, such as: • Projects that reduce the fire fatality rate, especially in areas of high social vulnerability; • Projects that advance the adoption and awareness of current building codes; and, • Projects that focus on first-time or reinstatement of code adoption and code enforcement. • Projects that focus on firefighter safety, health, and well-being by dissemination and implementation of programs, policies, or products from previous research studies that used rigorous scientific methods to determine effectiveness. • Other projects that do not include a research component, such as: • Projects that address emerging energy challenges to the fire service and their communities; • Projects that promote code enforcement to improve engineering and/or enacting fire-related ordinances for new construction; • Projects that address abandoned building issue; • Projects that improve occupational factors and injury/illness/disease/death/behavior health. Projects requiring IRB approval to work with human subjects are not eligible. Projects with an IRB exemption determination may be eligible (for details see Section F.2.g- Human Subjects Research of this NOFO). Unless otherwise directed by the FP&S Program Office, the IRB exemption determination letter and IRB application must be provided at time of application. Applicants proposing to interface with government databases must explain how the systems will interface or data exchange will occur. The narrative must also explain how this effort will not duplicate existing databases or previously funded efforts. National/State/Regional Programs and Projects – National Strategic Projects Approximately $2 million is set aside to fund projects that directly advance the National Strategy culminating from the U.S. Fire Administrator Working Groups. 73 FY 2023 FP&S NOFO National/State/Regional Programs and Projects – National Strategic Projects Projects are expected to be implemented over a 12-month period of performance. One to three awards are expected (but not required), each in the amount of $300,000 to $1,000,000. Projects requiring IRB approval to work with human subjects are not eligible. Projects with an IRB exemption determination may be eligible (for details see Section F.2.g- Human Subjects Research of this NOFO). Unless otherwise directed by the FP&S Program Office, the IRB exemption determination letter and IRB application must be provided at time of application. 3. Ineligible Projects and Items Applicants must correlate the activities for which funding is requested and the identified problems or issues to be addressed. FEMA will not fund a budget line item if an applicant does not provide sufficient information detailing how it will support FP&S Program objectives. Allowable costs may be limited to reasonable amounts, as determined by FEMA. The following table describes the projects and items that are ineligible under the FP&S Activity: Ineligible Projects and Items for FP&S Activity • Educational props (e.g., tools that are used in educational or awareness demonstrations) that are not part of a comprehensive educational program, a planned educational effort, or lack description of these elements • Costumes and/or puppets that are not part of a comprehensive educational program • AED, CPR, or fire extinguisher training for operational staff • Fire hydrants/dry hydrants, supplies, labor, and installation costs • Weather/disaster notification devices (e.g., sirens) • Intruder alerting systems and deployment notification systems • Driver simulator training tools that are not part of a state or national education effort that leads to driver certifications • Fire suppression or EMS equipment, supplies, and vehicles • Fire extinguishers • Firefighting training tools, props or equipment, PPE, fitness equipment, immunizations, or firefighter physicals (NOTE: PPE traditionally worn in fire suppression may also be appropriate for arson investigation when a risk for reignition exists, and is allowable under the Arson Investigation Category if justified in the Narrative Statement) • Trailers for the purpose of firefighting training/suppression (such as burn trailers or maze trailers) • Installation of sprinkler systems that do not include an educational/ demonstration component • Suppression-related training including Firefighter I, Firefighter II, wildland 74 FY 2023 FP&S NOFO Ineligible Projects and Items for FP&S Activity compliant to NFPA 1002 or its equivalent • Sprinkler head caps • Development of administrative documents (e.g., Standard Operating Procedures, manuals) • Live animals • Firearms • Fire extinguisher training for children under 14 years old and adults over the age of 65 • Equipment that is considered entertainment as opposed to educational tools that are part of a comprehensive program • Fire extinguisher training that is not part of a comprehensive prevention/education program • Vehicles (not including tow vehicles, which are limited to $6,000 per application) • Dollar amount for giveaways (plastic fire helmets, stickers, plastic badges, coloring books, marketing items, etc.) is limited to $2,500 per project (or $5,000 for a regional project). The cap does not apply to state or national projects. Safety devices are not considered giveaways (such as potholders) because the intended purpose of the item is to directly reduce risk or prevent injury. • Inflatable bounce houses (this does not include houses with non-inflatable floors, commonly used in education programs) • Unmanned Aerial Vehicles (UAV), drones, or related costs • • Research and development • Creation of new databases • Projects requiring IRB approval to work with human subjects • Code plan review stations firefighting, training exercises, or drills for suppression or disasters activities • Communication equipment, including portable radios or computer-aided dispatch (CAD) systems • Community projects that include the use of tot finder/child finder, seniors, or pet finder decals • Hydrant poles or markers • Fire-retardant house gel(s) • Alarm system and alarm system installation • Fire safety equipment (e.g., smoke alarms, CO detectors, surge protectors) that does not adhere to a fire service recognized standard (e.g., non-UL, listed, ANSI fire safety equipment) • Equipment that has no intrinsic fire prevention or life safety education application • Command Center Packages on fire safety trailers • Prescribed burns • Fuel reduction equipment • Vegetation removal equipment • Fuel or vegetation removal/reduction on public land • Entertainment: electronics, events, etc. • Props (except as required for educational programs) • Robotics • Demonstration tugboats • Evacuation roads • Ballistic vests • Body cameras • Remodeling/renovations to an existing facility is only eligible if limited to minor interior alterations costing less than $10,000 • Other items or services that do not directly support the FP&S Program objectives 75 FY 2023 FP&S NOFO Ineligible Projects and Items for FP&S Activity • Technology development/building of virtual reality games/simulations. • Items/activities intended to be primarily funded under the Assistance to Firefighters Grant (AFG) Program or Staffing to Adequate Fire and Emergency Response (SAFER) Program. Fire departments that wish to carry out internal, local, firefighter safety and well-being projects should apply under the AFG Program. 4. Regional Project A regional project is an opportunity for an eligible FP&S Activity organization to act as a host and apply for funding on behalf of itself and any number of other participating FP&S Activity-eligible organizations. Regional activities should achieve cost effectiveness, support regional efficiency and resilience, and have a direct regional or local benefit to more than one local jurisdiction (county, parish, town, township, city, or village). Direct regional or local benefit means that other eligible organizations will receive a portion of the grant awarded funds, will receive items purchased with the grant funds, or share an item purchased with grant funds. The community identification characteristic, the organizational status of the applicant, and the permanent resident population should be entered for the host entity, regardless of the composition of the participating partners. Regional populations served are the aggregate of the geographically fixed areas of the host and participating partner organizations. Neither the regional host nor any participating partner is prevented from also applying on behalf of their own organization for any FP&S Activity or R&D Activity project; however, it cannot be for the same item. For example, a department cannot apply for smoke alarms under its own organization and participate in a regional smoke alarm project. In completing the application, the applicant must include a list of all participating organizations, including a point of contact and phone number for each organization that will directly benefit from the regional project if they receive the grant. The organizations that will benefit from the regional project may also apply for funding under the FP&S Activity as long as the organizations do not apply for a project or activity that could conflict with or duplicate the host applicant’s project. Applicants must also certify that they will ensure the organizations participating in this application have not received grants for similar items/activities. 76 FY 2023 FP&S NOFO In order to apply for a regional project, the host organization must agree, if awarded, to be responsible for all aspects of the grant. This includes but is not limited to cost share, accountability for the assets, and all reporting requirements in the regional application. All participants of a regional application must be compliant with FP&S Program requirements, including being current with past grants, closeouts, and other reporting requirements. Upon notification by the FP&S Program Office, the host agency shall not distribute grant-funded assets or provide grant-funded contractual services to non- compliant partner organizations. The host and the delinquent partners will be notified by the FP&S Program Office of their specific deficiency. Regional host applicants and participating partner agencies must execute a Memorandum of Understanding (MOU), or equivalent document signed by the host and all participating organizations participating in the award. The MOU must specify the individual and mutual responsibilities of the host and participating partners, the host’s and participants’ level of involvement in the project(s), the participating partners’ EINs, and the proposed distribution of all grant-funded assets or contracted services. Any entity named in the application as benefiting from the award must be an eligible FP&S Program organization and must be a party to the MOU or equivalent document. Copies of the MOU or equivalent document should be submitted as an attachment in the application. II. R&D ACTIVITY OVERVIEW The goal of the R&D Activity is to reduce firefighter line-of-duty fatalities and injuries through research to improve firefighter safety, health, or well-being. In January 2022, the National Fallen Firefighters’ Foundation (NFFF) released the 2021 National Fire Service Research Agenda. A copy of the research agenda is available on the NFFF Website. In October of 2022, the U.S. Fire Administrator, in partnership with the NFFF, hosted the U.S. Fire Administrator’s Summit on Fire Prevention and Control and identified six critical issues facing the fire service that need immediate attention. Projects that address the National Fire Service Research Agenda and/or the critical issues identified at the U.S. Fire Administrator’s Summit with respect to firefighter health and safety are strongly encouraged. III. R&D ACTIVITY PROJECT ELIGIBILITY INFORMATION Applicants are strongly encouraged to seek partnerships with the fire service that will support the ongoing project efforts from design through dissemination and implementation. It would be appropriate for most applications to include one or more local or regional fire departments and one or more national level fire-related organizations. Because the R&D Activity aims to improve the safety, health, or well-being of firefighters, having strong partnerships with the fire service is essential to the likely relevance and effectiveness of the project. Letters of commitment to actively 77 FY 2023 FP&S NOFO participate in the project from the fire service are encouraged and may be inserted in the Appendix Section of the application for funding. Cost effectiveness analysis is encouraged in all research projects. The World Health Organization’s Guide to Cost-Effectiveness Analysis provides information on how to evaluate and utilize cost-effectiveness analysis. Ultimately, the use of cost effectiveness results will be based on the overall study being successful and finding that firefighter safety, health, or well-being was improved by the program, policy, or product. All proposed projects under the R&D Activity must address the potential for improvement in firefighter safety, health, or well-being both in the short term and long term. Proposed projects must address the potential for a successful research outcome to be disseminated and implemented in the fire service and reduce firefighter fatalities or injuries. The following are descriptions of five R&D Activity categories. These categories are not listed in order of importance. This is not intended to be an all-inclusive list of projects that will be considered. Applicants may also find the abstracts of previously funded R&D Activity projects on the FP&S Program Website. i. Clinical Studies Category The R&D Clinical Studies category includes projects that address behavioral, social science, and cultural research as well as physiological and medical research activities. Such studies must address the relevant aspects of reducing fatal and non-fatal injuries among firefighters and, where possible, have rigorous design that permits attribution of results to the intervention. In addition to being relevant and rigorous, each study should target the appropriate level of investigation based on the state of the science. At the most basic level, the study might be foundational, investigating the underlying risk and protective factors associated with certain injury outcomes. These may include the following: • Individual level characteristics; • Departmental/organizational policies; • Firefighter behavioral practices and norms; and • Environmental factors. 78 FY 2023 FP&S NOFO Where evidence exists to progress to more applied research, the study should emphasize intervention development and testing for effectiveness, including in the field setting. For instance, if certain tests in clinical care settings are known to identify those at risk for cardiovascular events, then the study may focus on modification, if necessary, and implementation of such tests in fire service settings. To ensure study rigor, the study’s design would use a randomized control trial, with comparison to usual care. Inclusion of a cost-effectiveness analysis is strongly encouraged. Where the effectiveness of an intervention has been established in the field setting, the final level of study aims to facilitate adoption of the research results in the fire service by conducting dissemination and implementation research. Such a study may investigate the impact of strategies for widespread implementation with fidelity. Credible evidence of effectiveness is defined as positive results from systematic and rigorous study, and the absence of negative results or side effects. ii. Technology and Product Development The Technology and Product Development category includes projects that result in outcomes that can enhance safety of firefighter activities. Firefighter safety can be improved through greater understanding of fire phenomena inside and outside structures, and the development of products to enhance firefighter situational awareness and effectiveness. Projects can develop new technology or adapt existing products and technology to new uses. Projects shall address the safety of firefighters for all types of responses including residential, commercial, industrial, and wildland fires. Technology and product development projects can address fire and firefighting hazards by making use of technology transfer opportunities in which existing technologies can be adapted to enhance firefighter safety. As the intention of the R&D Activity is to deliver outcomes that are likely to be implemented nationally by the fire service, inclusion of a cost-effectiveness analysis is encouraged. Technology and product development projects need to assess the ultimate practicality of deployment and use of the results by the fire service. In making a selection of local fire department and national fire service organization partners, consideration should be given to the capabilities of the partners to assist in the evaluation of the project outcomes. iii. Database System Development Database systems are used for the systematic collection of information that aims to determine the predictors and correlation for incidents pertaining to fatal and non-fatal injuries. Focus of the data collection may include but is not limited to: • Firefighter demographic and health factors (e.g., age, blood pressure); 79 FY 2023 FP&S NOFO • Firefighter employment factors (e.g., shift, volunteer, training); • Firefighter safety behaviors (e.g., seat belt use, hydration); • Firefighting equipment; • PPE; • Departmental/organizational safety policies and practices; • Cultural or social norms regarding injury prevention practices; • Community-based resources (e.g., hospitals, communication systems); and, • Environmental factors such as local building structures and types of building materials. Applications may, for instance, focus on the design and feasibility of a new database system, expand variables and/or data collection methods, seek to build upon an existing database system, or move from a local level database system to a broader state or regional system. Applicants proposing to interface with government databases must explain how the systems will interface or data exchange will occur. The narrative must also explain how this effort will not duplicate existing databases or previously funded efforts. iv. Preliminary Studies Project ideas may require information, evidence, experimentation, and study to justify a larger and complete project that can impact firefighter safety, health, or well-being. Preliminary studies of one-year duration may be proposed to obtain enough evidence to justify a future larger study. Preliminary studies, while narrower in scope, must have the same high levels of scientific rigor and relevance to the fire service as studies in other R&D Activity categories. The successful completion of a preliminary study does not result in special priority for the larger follow-on proposal submitted in a subsequent application period. The level of funding requested should be proportionate to the limited goal and purpose of the preliminary effort. v. Early Career Investigator This project category is intended to promote the development of PIs engaged in research to improve firefighter safety, health, and well-being. This category is reserved for projects led by a PI who received a terminal academic degree (a doctoral level, professional level, or equivalent advanced level research degree) or ended post-graduate training (such as a post-doctoral fellowship or residency, whichever date is later) within ten years of the opening date of the application period and who has not been a PI on a previous FP&S Program award. Projects that are affiliated with larger ongoing fire service research efforts are encouraged. The applicant’s institution must be the sponsoring institution, as individuals are not eligible to receive an award under this program. All proposed projects must 80 FY 2023 FP&S NOFO also have at least one fire service partner. As noted earlier in this NOFO, these projects are limited to a maximum $600,000 federal share. vi. Special Emphasis Topics The following considerations are not scored but may impact the evaluation of the entire application. This information may be used by application reviewers or by FEMA during technical review prior to making final funding decisions. 1. Mental Health and Well-being. To address firefighters' concerns with post- traumatic stress, depression, suicide, and related issues, and because resiliency intervention studies have demonstrated effectiveness with firefighters and other first responders, the FP&S Program Office encourages proposals for mental health and well-being projects. 2. Occupational Health. In the course of responding to fire and other emergencies, firefighters routinely work in an environment where they are exposed to chemical and physical hazards. Initial research shows that these exposures are linked with disease outcomes in areas of cancer, cardiovascular, and reproductive health. Proposals are encouraged to understand contributions of biological, genetic, physiological, behavioral, psychological and sociological factors, and to develop and test interventions, procedures and products for efficacy and effectiveness. Priority is given to projects that include under-researched populations, those with higher risks, and those with unique exposures. 3. Wildland and WUI. In recent years, there has been an increase in the frequency of large, uncontrollable wildland fires including those that impact communities in the WUI. The physical demands and fire environment, as well as the tactics and equipment associated with wildland firefighting differ from structural firefighting. Research directed at mitigating the safety and health hazards associated with wildland firefighting is encouraged. Firefighter safety, health, and well-being research issues include vehicle crashes, acute exposures, respiratory protection, PPE requirements, communications, physical fitness, and wildland fire incident modeling. Proposals are encouraged to improve wildland firefighter safety, health, and well-being through applicable technology and product development and behavioral, clinical, and social research. 4. Ineligible Projects and Items The following tables describe projects and items that are ineligible under the R&D Activity. R&D Activity Ineligible Projects and Items • Projects that focus primarily on curriculum development and delivery of education or training materials • Projects with local emphasis and little or no indication of application to the broader fire service 81 FY 2023 FP&S NOFO • A descriptive study about the fire service or any study without reduced firefighter injury or enhanced firefighter safety aims • Projects that emphasize funding for service delivery • Applications that include violations of intellectual property • International travel to attend conferences or disseminate results • Projects to purchase stock in any entity 15. Appendix C – Award Administration Information Appendix C contains detailed information on FP&S Program Award Administration. Reviewing this information may help recipients in the programmatic and financial administration of their award(s). a. Help FEMA Prevent Fraud, Waste, and Abuse If applicants or recipients have information about instances of fraud, waste, abuse, or mismanagement involving FEMA programs or operations, they should contact the DHS Office of Inspector General (OIG) Hotline at (800) 323-8603, by fax at (202) 254-4297, or email HOTLINE@oig.dhs.gov. b. Economic Hardship Waivers of Cost Share and MOE In cases of demonstrated economic hardship, and upon the request of the recipient, the FEMA Administrator may waive or reduce an FP&S Program cost share or MOE requirement for certain recipients (15 U.S.C. § 2229(k)(4)(A)). As required by statute, the FEMA Administrator established guidelines for determining what constitutes economic hardship and published these guidelines Information Bulletin No. 427. The Assistant Administrator of Grant Programs, on behalf of the FEMA Administrator, will have the final authority to make determinations as to whether a request for an Economic Hardship Waiver will be granted. FP&S Activity fire department applicants must indicate at the time of application whether they are requesting a waiver and whether the waiver is for the cost share requirement, for the MOE requirement, or both. The applicant is required to submit documentation supporting their request for an Economic Hardship Waiver at the time of the application by attaching the supporting document to the grant application. To receive an Economic Hardship Waiver the applicant must address the specific conditions as well as format the waiver request submission as specified in Section III – Guidance, Part D: Eligibility – Demonstrating Economic Hardship of Information Bulletin No. 427. Failure to provide documentation at the time of application or address the conditions or following the prescribed format in Information Bulletin No. 427 will result in a denial of the waiver. c. Grant Writer/Preparation Fees Fees for grant writers may be included as a pre-award expenditure. For grant writer fees to be eligible as a pre-award expenditure, the services must be competitively sourced, specifically identified, and listed within the “Grant Request Details” section of the application and must 82 FY 2023 FP&S NOFO satisfy the requirements under 2 C.F.R. § 200.458. FEMA will only consider reimbursements for application preparation, not administration, up to $1,500 per annum. The allowability of grant writer fees as a pre-award expenditure must be paid between the 90 days prior to the publication date of this NOFO and up to 30 calendar days after the application period closes. For grant writer fees held either on retainer or subscription basis to be an eligible pre-award cost, the claimed retainer or subscription must have been competitively secured, and the costs are limited to the start of the appropriation period for the underlying award and meet the requirements under 2 C.F.R. § 200.458. Fees payable on a contingency basis are not an eligible expense. Pursuant to 2 C.F.R. Part 180, recipients may not use federal grant funds to reimburse any entity, including a grant writer or preparer, if that entity is presently suspended or debarred by the Federal Government from receiving funding under federally-funded grants or contracts. Recipients must verify that the contractor is not suspended or debarred from participating in specified federal procurement or non-procurement transactions pursuant to 2 C.F.R. § 180.300. Prior to submission of the application, please review all work produced by grant writers or other third parties for accuracy. By submitting the application, applicants are certifying all of the information contained therein is true and an accurate reflection of the organization, and that regardless of the applicant’s intent, the submission of information that is false or misleading may result in actions by FEMA. These actions include but are not limited to the submitted application not being considered for award, temporary withholding of funding under the existing award pending investigation, or referral to the DHS OIG. The following documentation shall be provided to FEMA upon request: 1. A copy of the grant writer’s contract for services; 2. A copy of the invoice or purchase order; 3. A copy of the canceled check (front and back); and 4. Evidence that the services were competitively procured. Failure to provide the requested documentation may result in the grant writer fee being deemed ineligible and the grant reduced accordingly. Note: FEMA requires that all applicants identify the following as “Application Participants” in the “Contact Information” section of the application: Any individual or organization that assisted with the development, preparation, or review of the application to include drafting or writing the narrative and budget; whether that person, entity, or agent is compensated or not; and whether the assistance took place prior to submitting the application. d. Maintenance and Sustainment The use of FEMA preparedness grant funds for the costs of repairs or replacement, as well as maintenance contracts, warranties, and user fees may be allowable. 83 FY 2023 FP&S NOFO The intent of eligible maintenance and sustainment activities is to provide direct support to the critical capabilities developed using FEMA and other DHS grants and support activities. Routine upkeep and the supplies, expendables, or one-time use items that support routine upkeep (e.g., gasoline, tire replacement, routine oil changes, monthly inspections, or grounds and facility maintenance) are the responsibility of the recipient and may not be funded with FP&S Program funding. Generally, when purchasing a maintenance agreement, service contract, or extended warranty for systems or equipment, the period of coverage provided under such a plan may not extend beyond the period of performance of the grant with which the agreement, warranty or contract is purchased. The duration of an extended warranty purchased incidental to the original purchase of the equipment may exceed the period of performance as long as the coverage purchased is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment or system, coverage purchased may not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this policy extends to licenses and user fees as well. Even if purchased incidental to the original purchase of the equipment, the duration of an extended maintenance agreement or warranty must also be reasonable for the type of equipment or system being purchased. For example, if a vendor offers a 10-year extended warranty incidental to the purchase of a piece of equipment, but the useful life of that equipment being purchased is five years, the purchase of a 10-year extended warranty would not be a reasonable cost and may not be charged to the grant. e. Taxes, Fees, Levies, and Assessments Taxes, fees, levies, or assessments that the recipient is legally required to pay and are directly related to any eligible FP&S Program acquisition activity may be charged to an FP&S Program award pursuant to 2 C.F.R. § 200.470. These charges shall be identified and enumerated in the FP&S Program application narrative, as well as the “Grant Request Details” section of the acquisition activity. Any avoidable and unreasonable costs that result from the action or inaction of a recipient (or recipient’s agent) or that prevent that recipient from enjoying any lawful exemption, waiver, or reduction of any tax, fee, levy, or assessment directly related to any eligible FP&S Program acquisition activity, are not chargeable to any FP&S Program award. Example: Governmental entities and Public Safety Agencies are exempt from some Federal Communications Commission (FCC) fees*, but only if the eligible organization submits an exemption or waiver request to the FCC. *Government entities are not required to pay FCC regulatory fees. Nonprofit entities (exempt under Section 501 of the Internal Revenue Code) may also be exempt. The FCC 84 FY 2023 FP&S NOFO requires that any entity claiming exempt status submit, or have on file with the FCC, a valid Internal Revenue Service Determination Letter documenting its nonprofit status or certification from a governmental authority attesting to its exempt status. For more information, please visit Federal Communications Commission | The United States of America (fcc.gov). f. Excess Funds After completing the initial project(s) proposed in the recipient's application, some recipients may have unexpended funds remaining in their budget. These excess funds may result from any combination of under-budget acquisition activities or competitive procurement processes. These excess funds may be utilized to address an organization’s local needs or to mitigate identified capability gaps. FEMA expects excess funds to be obligated concurrent with an award’s period of performance to address a known or critical need. An amendment request must be submitted to document the expenditure of excess funds. As a reminder, all costs must be incurred and all goods and services must be delivered or completed within the period of performance in order to be allowable. g. Payments and Amendments FEMA uses the Direct Deposit/Electronic Funds Transfer method of payment to recipients. FP&S Program payment/drawdown requests are generated using FEMA GO. FP&S Program payment/drawdown requests from state or local government entities will be governed by applicable federal regulations in effect at the time a grant is awarded to the recipient and may be either advances or reimbursements. Recipients should not expend funds until all special conditions listed on the grant award document have been met, including completion of EHP review, and the request for payment in FEMA GO has been approved. Recipients should draw down funds based upon immediate disbursement requirements; however, FEMA strongly encourages recipients to draw down funds as close to disbursement or expenditure as possible to avoid accruing interest. Non-federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of canceled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337. Advances Recipients shall be paid in advance, provided they maintain or demonstrate the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds and disbursement by the recipient (not to exceed 30 days), and the financial management systems that meet the standards for fund control and accountability as established in 2 C.F.R. Part 200. The recipient shall include all applicable source documentation such as invoice(s), purchase orders, contracts, etc., to support the costs associated with the advance FP&S Program payment/drawdown request. EHP review requirements must be met prior to advanced payments. 85 FY 2023 FP&S NOFO Although advance drawdown requests are permissible, recipients remain subject to applicable federal laws in effect at the time a grant is awarded to the recipient. Governing interest requirements include the Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200 and the Cash Management Improvement Act (CMIA) and its implementing regulations at 31 C.F.R. Part 205. Interest under CMIA will accrue from the time federal funds are credited to a recipient’s account until the time the recipient pays out the funds for program purposes. For the rate to use in calculating interest, please visit Treasury Current Value rate. Reimbursement Payment by reimbursement is the preferred method when the requirements to be paid in advance, pursuant to 2 C.F.R. § 200.305, cannot be met. In accordance with U.S. Department of Treasury regulations at 31 C.F.R. Part 205, if applicable, the recipient shall maintain procedures to minimize the time elapsing between the transfer of funds and the disbursement of said funds. As a prerequisite of FP&S Program approval for reimbursement requests, recipients shall submit all applicable source documentation, such as timecards, contracts, invoices, purchase orders, proof of payment (e.g., canceled checks, bank statements, electronic funds transfers) to support the costs associated with each payment/drawdown request Rebates Recipients shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments, in accordance with 2 C.F.R. § 200.305. The reduction of federal financial participation via rebates/refunds may generate excess funds for the recipient if the recipient previously obligated their Cost Share match based upon the original award figures. If the recipient previously obligated their original cost share prior to the rebate, then the recipient may have minimum excess funds equal to the difference between the original cost share less the rebate- adjusted cost share. Payment Requests During Closeout A recipient may only submit reimbursement payment requests up to 120 calendar days after the expiration of the period of performance, during an award’s closeout reconciliation per 2 C.F.R. § 200.344. Reimbursement payments are the only eligible type of requests to be submitted after a grant’s period of performance has expired. The expenditure must have been obligated and received during the period of performance of the award. The recipient’s request should contain clear and specific information certifying that the liquidation of federal funds is reimbursement for an obligation properly incurred during the active period of performance. FEMA may request documentation supporting the reimbursement for review at any time. Amendments FEMA may approve FP&S Program award amendments on a case-by-case basis, for the following reasons: 86 FY 2023 FP&S NOFO • Extension of the period of performance in order to complete the scope of work; • Changes to the activity or mission, retroactive approval, closeout issues, and some excess funds requests; and/or, • Budget changes (adding funds to award/non-closeout deobligation of funds). FEMA will only consider amendments submitted via FEMA GO. These requests must contain specific and compelling justifications for the requested change. Amendments or changes to the scope of work may require additional EHP review. FEMA strongly encourages recipients to expend grant funds in a timely manner, to be consistent with FP&S Program goals and objectives. Note: a recipient may deobligate (e.g., return) unused funds (e.g., those remaining funds previously drawn down via payment request and/or remaining award funding that was never requested) to DHS/FEMA prior to the end of an award’s period of performance. To exercise this option, a recipient must submit an amendment via FEMA GO and state in the amendment that the unliquidated funds (e.g., the funds to be returned) are not necessary for the fulfillment or success of the grant’s obligations or mission. The recipient must also indicate in the amendment that it understands that the returned funds will be deobligated and unavailable for any future award expenses. Deobligation of funds will decrease the federal portion of the grant and the amount of the recipient’s cost share obligation. FEMA will confirm deobligation amendments with all points of contact; after confirmation of the recipient’s intent to deobligate, FEMA will hold the approved deobligation request for 14 calendar days as a period for recipient reconsideration before FEMA processes the deobligation request. h. Disposition of Grant Funded Equipment A recipient must use, manage, and dispose of FP&S Program-funded equipment in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. § 200.313. With the exception of state governments, when original or replacement equipment acquired under an FP&S Program award is no longer needed for the original project, program, or other activities currently or previously supported by a federal awarding agency, the recipient must request disposition instructions from FEMA. FEMA strongly recommends contacting the FP&S Program Help Desk prior to the disposition of FP&S Program-funded equipment.