HomeMy WebLinkAboutFY23 DHS Notice of Funding Opportunity EMPGThe Department of Homeland Security
(DHS) Notice of Funding Opportunity
(NOFO) Fiscal Year 2023 Emergency
Management Performance Grant (EMPG)
Program
Release Date: Feb 27, 2023
Download a PDF copy of this webpage.
All entities wishing to do business with the federal government must
have a unique entity identifier (UEI). The UEI number is issued by the
SAM 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.
Table of Contents
Planned UEI Updates in Grant Application Forms
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A.Program Description
1.Issued By
2.Assistance Listings Number
3.Assistance Listings Title
4.Funding Opportunity Title
5.Funding Opportunity Number
6.Authorizing Authority for Program
7.Appropriation Authority for Program
8.Announcement Type
9.Program Category
10.Program Overview, Objectives, and Priorities
11.Performance Measures
B.Federal Award Information
1.Available Funding for the NOFO: $355,100,000
2.Period of Performance: 36 months
3.Projected Period of Performance Start Date(s): October 1, 2022
4. Projected Period of Performance End Date(s): September 30, 2025
5.Funding Instrument Type: Grant
C. Eligibility Information
1.Eligible Applicants
2. Applicant Eligibility Criteria
3.Other Eligibility Criteria
4.Cost Share or Match
D.Application and Submission Information
1.Key Dates and Times
2.Agreeing to Terms and Conditions of the Award
3. Address to Request Application Package
4.Requirements: Obtain a Unique Entity Identifier (UEI) and Register in
the System for Award Management (SAM)
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5. Steps Required to Obtain a Unique Entity Identifier, Register in the
System for Award Management (SAM), and Submit an Application
6.Electronic Delivery
7.How to Register to Apply through Grants.gov
8.How to Submit an Initial Application to FEMA via Grants.gov
9.Submitting the Final Application in ND Grants
10.Timely Receipt Requirements and Proof of Timely Submission
11.Content and Form of Application Submission
12.Intergovernmental Review
13.Funding Restrictions and Allowable Costs
E. Application Review Information
1. Application Evaluation Criteria
2.Review and Selection Process
F.Federal Award Administration Information
1.Notice of Award
2.Pass-Through Requirements
3. Administrative and National Policy Requirements
4.Reporting
5. Monitoring and Oversight
G. DHS Awarding Agency Contact Information
1.Contact and Resource Information
2.Systems Information
H. Additional Information
1.Termination Provisions
2.Program Evaluation
3.Period of Performance Extensions
4.Financial Assistance Programs for Infrastructure
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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
97.042
3. Assistance Listings Title
Emergency Management Performance Grant (EMPG) Program
4. Funding Opportunity Title
Fiscal Year 2023 Emergency Management Performance Grant (EMPG) Program
5. Funding Opportunity Number
FY 2023 EMPG Program NOFO Number
Region 1 DHS-23-GPD-042-01-01
Region 2 DHS-23-GPD-042-02-01
Region 3 DHS-23-GPD-042-03-01
Region 4 DHS-23-GPD-042-04-01
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Region 5 DHS-23-GPD-042-05-01
Region 6 DHS-23-GPD-042-06-01
Region 7 DHS-23-GPD-042-07-01
Region 8 DHS-23-GPD-042-08-01
Region 9 DHS-23-GPD-042-09-01
Region 10 DHS-23-GPD-042-10-01
6. Authorizing Authority for Program
Section 662 of the Post-Katrina Emergency Management Reform Act of 2006
(PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. § 762); the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No.
93-288) (42 U.S.C. §§ 5121 et seq.); the Earthquake Hazards Reduction Act of
1977, as amended (Pub. L. No. 95-124) (42 U.S.C. §§ 7701 et seq.); and the
National Flood Insurance Act of 1968, as amended (Pub. L. No. 90448) (42 U.S.C.
§§ 4001 et seq.).
7. Appropriation Authority for Program
Consolidated Appropriations Act, 2023 (Pub. L. No. 117-328); Compact of Free
Association Amendments Act of 2003 (Pub. L. No. 108-188 (2003))
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8. Announcement Type
Initial
9. Program Category
Preparedness: Emergency Management
10. Program Overview, Objectives, and Priorities
a. Overview
The Fiscal Year (FY) 2023 Emergency Management Performance Grant (EMPG)
Program is one of the grant programs that constitute DHS/FEMA’s focus on all-
hazards emergency preparedness, including the evolving threats and risks
associated with climate change. These grant programs are part of a
comprehensive set of measures authorized by Congress and implemented by
DHS. Among the goals noted in the DHS Strategic Plan for Fiscal Years 2020-
2024, the EMPG Program supports the goal to Strengthen Preparedness and
Resilience.
The 2022-2026 FEMA Strategic Plan outlines a bold vision and three ambitious
goals designed to address key challenges the agency faces during a pivotal
moment in the field of emergency management. Wide-ranging and long-term, the
goals defined in the plan respond to the changing landscape in which we find
ourselves. The goals to meet this challenge are:
Goal 1 - Instill Equity as a Foundation of Emergency Management
Goal 2 - Lead Whole of Community in Climate Resilience
Goal 3 - Promote and Sustain a Ready FEMA and Prepared Nation
These goals position FEMA to address the increasing range and complexity of
disasters, support the diversity of communities we serve, and complement the
nation’s growing expectations of the emergency management community. All
EMPG Program recipients are encouraged to review the 2022-2026 FEMA
Strategic Plan and consider how FY 2023 EMPG Program funding can be used to
support the Plan’s goals and objectives as they apply to state/territory’s specific
needs and the needs of the whole community.
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We invite all stakeholders and partners to also adopt these priorities and join us in
building a more prepared and resilient nation.
b. Objectives
The primary objective of the FY 2023 EMPG Program is to provide funds to assist
state, local, tribal, and territorial emergency management agencies to implement
the National Preparedness System (NPS) and to support the National
Preparedness Goal (the Goal) of a secure and resilient nation. To that end,
program objectives include: 1) building or sustaining those capabilities that are
identified as high priority through the Threat and Hazard Identification and Risk
Assessment (THIRA)/Stakeholder Preparedness Review (SPR) process and other
relevant information sources (see Priorities section below); and 2) closing
capability gaps that are identified in the state or territory’s most recent SPR.
DHS/FEMA requires EMPG Program recipients to complete a THIRA/SPR.
Additional information on the THIRA/SPR process, including other NPS tools and
resources, can be found at National Preparedness System. Also refer to the FY
2023 Preparedness Grants Manual, Appendix H. (All references in this NOFO to
the Preparedness Grants Manual are for the FY 2023 version.)
c. Priorities
All EMPG Program applicants are required to develop and submit a Work Plan as
described in the “EMPG Program Work Plan” section of the Preparedness Grants
Manual, Appendix H. All EMPG Program Work Plans will require final approval by
the applicable FEMA Regional Administrator (RA). Prior to submission, the
applicant must work with the RA or designated Regional EMPG Program Manager
to ensure that appropriate regional and state/territory priorities are effectively
addressed in the Work Plan.
Priorities, and associated EMPG Program-funded projects, must be mutually
agreed to by the recipient and RA. Identification of priorities and development of
the EMPG Program Work Plan should involve a collaborative negotiation process
through which a common set of priorities will emerge based on a combination of
state/territory priorities, regional priorities, and national priorities (as outlined in the
table below). State/territory priorities should be primarily driven by the THIRA/SPR
process, as explained in the Objectives section above. Other relevant information
sources, such as: 1) after-action reports (AARs) following exercises or real-world
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events; 2) audit and monitoring findings; 3) Hazard Mitigation Plans; and/or 4)
other deliberate planning products may also be used to inform state/territory
priorities. Regional priorities will be determined by the RA based on their unique
knowledge of the region’s preparedness and emergency management needs,
including broader insight into common capability gaps across the region and
potential opportunities for economies of scale to capitalize on those
commonalities. Regional priorities should also be based on an analysis of
THIRA/SPR data and other information sources provided by the states/territories
in their area(s) of responsibility. Ideally, all EMPG Program funded projects, as
outlined in the approved FY 2023 EMPG Program Work Plan, will support the
priorities identified through this approach.
Through the priority development and negotiation process, each region and
state/territory should discuss state/territory, regional, and national priorities.
Converging their processes for identifying priorities and reaching consensus on a
common set of shared priorities helps the region and each state/territory to realize
economies of scale. As a result of these negotiations, the region and state/territory
should reach a consensus on three to five priorities each recipient will focus on
addressing and improving in its EMPG Program Work Plan.
Federal regulations outlined in 2 C.F.R. Part 200 require federal awarding
agencies to measure recipient performance to show achievement of program
goals and objectives, share lessons learned, improve program outcomes, and
foster adoption of promising practices (see 2 C.F.R. § 200.301, Performance
measurement). For FY 2023, there is a continuing emphasis on priorities-based
investments. Additionally, recipients must set outcome-oriented performance
goals for closing capability gaps related to the three to five agreed-upon priorities,
aligning funding with high-priority strategic preparedness needs. An outcome-
oriented approach will allow recipients to define success, benchmark their
projects, and measure their progress in building capability. Recipients will be able
to use this to generate a feedback cycle. If projects are not achieving desired
outcomes, recipients will have a basis for revisiting plans and assessments and
adjusting their projects and other investments.
Finally, there is a continuing requirement that at least 87.5% of all projects that
include Planning, Training, and/or Exercise deliverables align with closing
capability gaps identified and documented in the state/territory’s most recent
THIRA/SPR submission and other relevant information sources, as explained
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above.
When developing state/territory priorities, applicants should consider the following
national priorities, which correspond directly to the 2022-2026 FEMA Strategic
Plan and are further described below:
Equity;
Climate Resilience; and
Readiness
Equity
Underserved communities suffer disproportionately from disasters. Disasters
compound the challenges faced by these communities and increase their risk to
future disasters. By instilling equity as a foundation of emergency management
and striving to meet the unique needs of underserved communities, the
emergency management community can work to break this cycle of compounding
risks and build a more resilient nation.
Executive Order (EO) 13985 on Diversity, Equity, Inclusion, and Accessibility in
the Federal Workforce (January 20, 2021) defines equity as “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,”
and further defines underserved communities as “populations sharing a particular
characteristic, as well as geographic communities, who have been systematically
denied a full opportunity to participate in aspects of economic, social, and civic
life…such as Black and African American, Hispanic and Latino, Native American ,
Alaska Native and Indigenous, Asian American, Native Hawaiian and Pacific
Islanders, Middle Eastern, and North African persons. It also includes individuals
who belong to communities that face discrimination… (including lesbian, gay,
bisexual, transgender, and queer persons)…” The EO definition of underserved
communities also includes members of religious minorities, persons with
disabilities; persons who live in rural areas, and persons otherwise adversely
affected by persistent poverty or inequality. See Goal 1 - Instill Equity as a
Foundation of Emergency Management of the 2022-2026 FEMA Strategic Plan for
additional information on this topic.
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Equity in emergency management requires proactively prioritizing actions that
reinforce cultural competency, accessibility, and inclusion, as well as reflect the
historical context of specific groups of people. To that end, states and territories
are strongly encouraged to explore how EMPG Program-funded activities
can address the needs of underserved, at-risk communities to help ensure
consistent and systematic, fair, just and impartial treatment of all individuals
before, during and after a disaster.
The focus on equity and investing in strategies that meet the needs of
underserved communities will strengthen the whole of community system of
emergency management. Substantial and ongoing prioritization of, and investment
in, underserved communities is essential for the entire system to be effective and
efficient. Engaging the whole community requires all members of the community
to be part of the emergency management team, including representatives of
underserved communities, diverse community members, social and community
service groups and institutions, faith-based and disability advocacy groups,
academia, professional associations, the private and nonprofit sectors, and
government agencies that may not traditionally have been directly involved in
emergency management. The whole community includes children; older adults;
individuals with disabilities and others with access and functional needs; those
from religious, racial, and ethnically diverse backgrounds; people with limited
English proficiency; and owners of animals including household pets and service
animals.
To the extent possible, equity considerations must be factored into all FY
2023 EMPG Program-funded investments across all national priority areas.
Additionally, applicants are required to designate at least one project in their
FY 2023 EMPG Program Work Plan and budget narrative that specifically
addresses equity considerations.
Climate Resilience
Climate change is one of the greatest challenges facing emergency managers
today, and it will continue to shape the field of emergency management for the
next several decades. To meet this challenge, the emergency management field
needs to anticipate the increasing demands generated by more extreme and
frequent disasters, from wildfires and coastal storms to inland flooding.
Additionally, emergency managers must learn to manage and support climate-
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related emergencies such as drought and extreme heat. Natural disasters,
worsened by the effects of climate change, often disproportionately affect people
in underserved communities where weakened infrastructure, fewer resources, and
less support invested in hazard mitigation can compound a disaster’s impact.
Therefore, FEMA recommends that climate change and resilience considerations
be cornerstones of how the nation builds resilient communities. Emergency
managers at the federal, state and local levels need to undertake targeted efforts
to increase resilience, including climate resilience, for underserved individuals and
communities.
Climate change has both acute and chronic impacts; communities must be
resilient against threats as varied as extreme flooding, drought, hurricanes, and
wildfires. Many communities are faced with aging infrastructure, which can
increase risk from major disasters. As the frequency of these disasters
accelerates, FEMA must increase climate adaptation investments across the
nation. To have the greatest impact, FEMA encourages smart investments in
system-based, community-wide projects to protect those with the most severe and
persistent risk. Communities can better target investments to the most
transformational projects when they better understand the unique risks
posed by climate change.
The future disaster environment will not resemble that of the past, or even what is
experienced today. To build long-term resilience, communities must understand
their future risk and have the resources and capacity to reduce that risk. Even
within the same geographic area, different communities will face differing levels of
risk due to their unique demographic, economic, and physical characteristics. It is
important for the emergency management community to develop capacity to
access and interpret accurate information about this localized risk, specifically in
light of future conditions. This information will help communities better
understand their own risks and identify the most appropriate resilience
actions. See Goal 2 - Lead Whole of Community in Climate Resilience of the
2022-2026 FEMA Strategic Plan for additional information on this topic.
Climate resilience considerations will be a continued area of focus for FY
2024.
Readiness
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As disasters become more frequent, severe, and complex, the demands placed
upon the emergency management community, as well as federal resources, have
increased dramatically. To adapt to this trend, FEMA and the emergency
management community must expand our approach to readiness, preparedness,
and resiliency by increasing the overall emergency management capabilities at all
levels of government, as well as the private sector, the nonprofit sector, and
among individuals. The National Capability Targets provide a shared vision of the
staff, expertise, tools, and resources required to build a prepared nation. Aligning
state and local readiness plans to these targets will ensure agencies can
continuously support the needs and priorities identified by whole community
partners, in addition to continuity of government across all hazards.
Disaster mitigation, preparedness, response, and recovery are not the
responsibility of just one agency. Rather, these functions are a shared
responsibility requiring coordination of federal agencies, private and social
sectors, state, local, tribal, and territorial governments, and other partners. The
ability to support communities begins with how emergency management agencies
help them prepare before a disaster occurs. Through better coordination of pre-
disaster programs, we can all help communities identify, prioritize, and plan to
address their specific community-based threats, identify hazards and risks, and
mitigate capability gaps. Together, federal assistance can be targeted to address
areas of greatest national risk and increase support to the most at-risk
communities. See Goal 3 - Promote and Sustain a Ready FEMA and Prepared
Nation of the 2022-2026 FEMA Strategic Plan for additional information on this
topic.
Additional Guidance on EMPG Program Priorities
Recognizing that every state and territory has its own unique preparedness and
emergency management needs, the national priorities outlined above should
inform the identification of state/territory priorities and regional priorities when
developing the common set of mutual priorities as agreed upon by the RA and
each state/territory. Ideally, the regional and state/territory priorities will
complement and support the national priorities. In addition to the requirement that
at least one project address equity considerations, the only other mandate
stemming from these national priorities is the requirement for all EMPG Program
recipients to develop and maintain a Distribution Management Plan as an annex
to their existing Emergency Operations Plan (EOP). See the Logistics Planning
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section of the Preparedness Grants Manual, Appendix H for additional details on
this requirement.
Consistent with 2022, states and territories are encouraged to identify whether
and how each project included in their EMPG Program Work Plan addresses
equity-related considerations or the impacts associated with climate change (as
applicable). This guidance is in addition to the requirement that at least one
project focus specifically on equity considerations. The reporting of this
information will allow FEMA to better understand how states and territories are
using EMPG Program funding to support equity and climate resilience. See
Preparedness Grants Manual, Appendix H for more information about the
requirements for addressing these priorities in the EMPG Program Work Plan
submission.
The table below provides a high-level breakdown of the national priority areas, the
associated core capabilities, as well as examples of project types for each area. A
detailed description of allowable investments for each project type is included in
the Preparedness Grants Manual, Appendix H.
National Priority
Area
Associated Core
Capabilities
Examples of Allowable Activities
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Equity Health and Social
Services
Mass Care
Services
Public Health,
Healthcare and
Emergency
Medical Services
Housing
Logistics and
Supply Chain
Management
Critical
Transportation
Public Information
and Warning
Community
Resilience
Economic
Recovery
Planning
Long-Term
Vulnerability
Reduction
Risk and Disaster
Resilience
Assessment
Threats and
Hazards
Identification
Employment of planners to identify,
assess, and understand the unique
threats, vulnerabilities, inequities and
needs of underserved, at-risk
communities
Update of EOPs and other deliberate
plans as necessary to ensure the
needs of underserved, at-risk
communities are adequately
addressed in those plans
Provide training and exercises for
emergency managers and other
stakeholders, including representatives
of underserved, at-risk communities, to
ensure awareness and understanding
of the plans and procedures that will
promote equity for those communities
most at risk relative to disaster
preparedness, response, and recovery
Purchase of trailers/temporary points
of distribution (to serve as a mobile
testing site, educational outreach
center, transport for critical resources,
etc.), associated equipment and
supplies to expand health coverage,
critical resources and education to
traditionally underserved, at-risk
residents following a disaster
Purchase of GPS-enabled cameras,
geospatial mapping technologies, and
data integration and analysis tools to
support mitigation planning and
situational awareness for disaster
response and recovery in vulnerable
communities
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Climate
Resilience
Community
Resilience
Infrastructure
Systems
Long-Term
Vulnerability
Reduction
Planning
Risk and Disaster
Resilience
Assessment
Threats and
Hazards
Identification
Development of/updates to disaster
housing plans to incorporate and
address climate data/projections/risks
(e.g., ensure housing is not placed in
potentially climate impacted areas and
that housing solutions are climate
resilient)
Establishment of climate or resiliency
positions within emergency
management offices to assess climate
related risks, develop mitigation
strategies, and support updating of
EOPs
Development of evacuation plans in
accordance with climate exacerbated
risk (e.g., mass evacuation during
catastrophic fast-moving events, like
wildfires)
Establishment of risk communication
plans to inform all residents (including
those with access and functional
needs) about climate risks (e.g., what
the communities can do at a local and
individual level to prepare) and
potential evacuations
Development of internal plans
(including response and recovery) that
incorporate climate impact on
emergency management resources
(e.g., personnel, logistics)
Development of climate literacy plans
to enable communities to understand
and prepare for their climate-related
risks
Conduct exercises that incorporate
climate considerations into response
and recovery efforts to increase
climate literacy and prepare
communities to respond to and recover
from climate-exacerbated disasters
Incorporation of climate considerations
into risk assessments (e.g., THIRA)
and mitigation plans
Creation of or updates to hazard fuel
reduction and safety zone mapping to
manage vegetation within a jurisdiction
to minimize potential wildfire ignitions
along the wildland-urban interface
Purchase/install solar and battery
systems to supply backup power for
critical Emergency Operation Center
electronic systems and equipment
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Readiness:
Catastrophic
Disaster Housing
Housing
Planning
Situational
Assessment
Infrastructure
Systems
Development of state-led disaster
housing task force plan
Establishment of State Disaster
Recovery Coordinator
Completion of State Housing Strategy
template
Assessment of accessible housing
needs, including the unique risks and
needs of underserved communities
Readiness:
Disaster Financial
Management
Planning
Risk Management
for Protection
Programs and
Activities
Risk and Disaster
Resilience
Assessment
Community
Resilience
Economic
Recovery
Development of a plan for the
sequencing of federal, nonprofit, and
state disaster programs
Development of a Disaster Financial
Management Plan
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Readiness:
Evacuation
Plan/Annex
Planning
Risk Management
for Protection
Programs and
Activities
Risk and Disaster
Resilience
Assessment
Threats and
Hazards
Identification
Operational
Coordination
Long-Term
Vulnerability
Reduction
Critical
Transportation
Infrastructure
Systems
Assessment of evacuation capabilities
and needs, including ensuring
accessibility and effective
communication for persons with
disabilities and others with access and
functional needs, and integration of
these requirements into evacuation
plans
Development of/updates to evacuation
plans
Improvement of evacuation
capabilities, such as transportation
systems to support contraflow lanes
Conduct evacuation training and
exercises
Development of public awareness
campaigns support evacuation plans
(See Planning Considerations:
Evacuation and Shelter-in-Place for
additional guidance)
Readiness:
Logistics –
Distribution
Management
Planning
Logistics and
Supply Chain
Management
Supply Chain
Integrity and
Security
Development of/updates to a
Distribution Management Plan that
addresses:
State/local staging site plans
State/local commodity point of
distribution site plans
Staging and Point of Distribution
staffing strategies/plans
Transportation strategies/plans
Resource sourcing strategies/plans
Provision of critical emergency
supplies for underserved
communities
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Readiness:
Resilient
Communications
Operational
Communications
Planning
Public Information
and Warning
Operational
Coordination
Intelligence and
Information
Sharing
Cybersecurity
Physical Protective
Measures
Long-Term
Vulnerability
Reduction
Risk and Disaster
Resilience
Assessment
Threats and
Hazards
Identification
Infrastructure
Systems
Development of Statewide
Communication Interoperability Plans,
Tactical Interoperable Communications
Plans, and Standard Operating
Procedures that address continuity and
recovery of emergency communication
systems
Adoption of cybersecurity performance
goals (Cross-Sector Cybersecurity
Performance Goals | CISA )
Conduct of National Incident
Management System (NIMS)
compliant training, exercise, and
evaluation activities to test emergency
communications capabilities, to include
testing of resiliency and continuity of
communications
Physical hardening of infrastructure
systems and support emergency
communications
11. Performance Measures
Performance metrics for this program are as follows:
Performance Measure 1: Percent of capability-building EMPG Program-funded
projects that align to capability gaps identified by states, territories, and urban
areas in their SPR submissions.
Performance Measure 2: Percent of EMPG Program dollars spent on
capability-building projects that align to capability gaps identified by states,
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territories, and urban areas in their SPR submissions.
Performance Measure 3: Percent of capability-building EMPG Program-funded
projects that address a core capability that has one or more targets rated as
high priority.
Performance Measure 4: Percent of funding allocated to build or sustain
capabilities in EMPG Program national priority areas and RA agreed-upon
priority areas.
Performance Measure 5: Percent of Planning, Training, and/or Exercise related
projects that align with closing capability gaps identified and documented in the
state/territory’s most recent THIRA/SPR submission, Mitigation Plan, AARs,
Audit/Monitoring Findings, or Other Deliberate Plans.
FEMA will analyze the above metrics through the review of state/territory SPR
submissions, EMPG Program Work Plans, and required programmatic reports.
B. Federal Award Information
1.Available Funding for the NOFO: $355,100,000
EMPG Program awards are based on section 662 of the Post-Katrina Emergency
Management Reform Act of 2006, as amended, (6 U.S.C. § 762). All 50 States,
the District of Columbia, and Puerto Rico receive a base amount of 0.75% of the
total available funding appropriated for the EMPG Program. Four territories
(American Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
and the U.S. Virgin Islands) receive a base amount of 0.25% of the total available
funding appropriated for the EMPG Program. The remaining balance of the funds
appropriated for the EMPG Program are distributed on a population-share basis.
In addition to the $355 million available from the Consolidated Appropriations Act,
2023 (Pub. L. No. 117-328), FEMA will also make available $100,000 in total from
the Disaster Relief Fund for the Federated States of Micronesia and for the
Republic of the Marshall Islands pursuant to Article X of the Federal Programs and
Services Agreement of the Compact of Free Association Act (Pub. L. No. 108-
188).
FY 2023 EMPG Program Full-Year and Supplemental Allocations
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State/Territory FY 2023
Allocation
State/Territory FY 2023
Allocation
Alabama $5,871,149 New Hampshire $3,544,752
Alaska $3,126,369 New Jersey $8,518,986
Arizona $7,315,970 New Mexico $3,998,839
Arkansas $4,588,359 New York $15,105,029
California $27,342,079 North Carolina $9,427,823
Colorado $6,355,283 North Dakota $3,155,253
Connecticut $4,955,472 Ohio $10,096,254
Delaware $3,306,466 Oklahoma $5,204,356
District of Columbia $3,087,304 Oregon $5,343,682
Florida $16,728,655 Pennsylvania $10,865,140
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State/Territory FY 2023
Allocation
State/Territory FY 2023
Allocation
Georgia $9,563,081 Rhode Island $3,354,105
Hawaii $3,573,185 South Carolina $6,002,888
Idaho $3,888,616 South Dakota $3,237,813
Illinois $10,618,545 Tennessee $7,121,300
Indiana $6,983,261 Texas $21,651,216
Iowa $4,686,295 Utah $4,800,294
Kansas $4,519,759 Vermont $3,071,660
Kentucky $5,515,786 Virginia $8,153,446
Louisiana $5,565,065 Washington $7,585,716
Maine $3,538,497 West Virginia $3,784,991
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State/Territory FY 2023
Allocation
State/Territory FY 2023
Allocation
Maryland $6,560,623 Wisconsin $6,388,552
Massachusetts $7,077,439 Wyoming $3,030,127
Michigan $9,007,410 Puerto Rico $4,699,746
Minnesota $6,277,669 U.S. Virgin Islands $942,605
Mississippi $4,521,598 American Samoa $918,933
Missouri $6,569,031 Guam $984,776
Montana $3,372,527 Northern Mariana Islands $917,428
Nebraska $3,906,884 Republic of the Marshall Islands $50,000
Nevada $4,671,913 Federated States of Micronesia $50,000
Total $355,100,000
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2. Period of Performance: 36 months
Extensions to the period of performance are allowed. For additional information on
period of performance extensions, please refer to the Preparedness Grants
Manual.
FEMA awards under most programs, including this program, 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.”
3. Projected Period of Performance Start Date(s): October 1, 2022
4. Projected Period of Performance End Date(s): September 30, 2025
5. Funding Instrument Type: Grant
C. Eligibility Information
1. Eligible Applicants
State or territorial governments (the State Administrative Agency [SAA] or the
state’s Emergency Management Agency [EMA]).
2. Applicant Eligibility Criteria
All 56 states and territories, as well as the Republic of the Marshall Islands and
the Federated States of Micronesia (collectively “state or territory”), are eligible to
apply for FY 2023 EMPG Program funds. Either the SAA or the EMA is eligible to
apply directly to FEMA for EMPG Program funds on behalf of each state or
territory. However, only one application will be accepted from each state or
territory.
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.
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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.
3. Other Eligibility Criteria/Restrictions
a. National Incident Management System (NIMS) Implementation
Prior to allocation of any federal preparedness awards, recipients must ensure
and maintain adoption and implementation of NIMS. The list of objectives used for
progress and achievement reporting is on FEMA’s website at NIMS
Implementation and Training.
Relatedly, as a post-award requirement for FY 2023, all recipients and
subrecipients in the 50 states and the District of Columbia must work toward
achieving the Phase 1 National Qualification System (NQS) implementation
objectives and must, at a minimum, execute the Implementation Plan they
developed last year as part of the Phase 0 NQS Implementation Objectives. All
other jurisdictions (including territories and FY 2023 EMPG Program
subrecipients) are required to work toward implementation of NQS by developing
an Implementation Plan.
Please see the Preparedness Grants Manual, Appendix H for more information on
NIMS and NQS implementation requirements.
b. Emergency Management Assistance Compact (EMAC) Membership
In support of the Goal, EMPG Program recipients must belong to, be located in, or
act as an EMAC temporary member state, except for American Samoa, the
Federated States of Micronesia, the Republic of the Marshall Islands, and the
Commonwealth of the Northern Mariana Islands, which are not currently subject to
these requirements. All assets supported in part or entirely with FY 2023 EMPG
Program funding must, where applicable, be readily deployable to support
emergency or disaster operations per existing EMAC agreements.
4. Cost Share or Match
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The FY 2023 EMPG Program has a cost-share requirement. The recipient
contribution can be cash (hard match) or third-party in-kind (soft match). Eligible
EMPG Program applicants shall agree to make available non-federal funds to
carry out an EMPG Program award in an amount not less than 50% of the total
project cost. In other words, the federal share applied toward the EMPG Program
budget shall not exceed 50% of the total budget as submitted in the application
and approved in the award. If the total project ends up costing more, the recipient
is responsible for any additional costs; if the total project ends up costing less, the
recipient may owe FEMA an amount required to ensure that the federal cost share
is not in excess of 50%. A state must at least equally match (cash or third party in-
kind) the federal contribution pursuant to sections 611(j) and 613(a) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. No. 93-288),
as amended, (42 U.S.C. §§ 5121 et seq.). Unless otherwise authorized by law,
federal funds cannot be matched with other federal funds. The recipient’s
contribution should be specifically identified. These non-federal contributions have
the same eligibility requirements as the federal share.
DHS/FEMA administers cost-matching requirements in accordance with 2 C.F.R.
§ 200.306. To meet matching requirements, the recipient contributions must be
verifiable, reasonable, allowable, allocable, necessary under the grant program,
and in compliance with all applicable federal requirements and regulations.
For example, if the federal award were at a 50% cost share and the total approved
budget cost was $100,000, then:
Federal share is 50% of $100,000 = $50,000
Recipient share is 50% of $100,000 = $50,000
However, with this example, if the total cost ended up being $120,000, the federal
share would remain at 50% of the total approved budget at the time of application
of $100,000, or $50,000. If the total cost ended up being $80,000, then the 50%
federal share would decrease to $40,000, and the recipient cost share would be
$40,000.
In accordance with 48 U.S.C. § 1469a, cost-match requirements are waived for
the insular areas of the U.S. territories of American Samoa, Guam, the U.S. Virgin
Islands, and the Commonwealth of the Northern Mariana Islands, as well as the
Federated States of Micronesia and the Republic of the Marshall Islands.
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See the Preparedness Grants Manual, Appendix H for additional cost share/match
guidance.
D. Application and Submission Information
1. Key Dates and Times
a. Application Start Date: February 27, 2023
b. Application Submission Deadline: May 18, 2023 at 5 p.m. ET
All applications must be received by the established deadline.
The Non-Disaster (ND) Grants System has a date stamp that indicates when an
application is submitted. Applicants will receive an electronic message confirming
receipt of their 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” in Section D 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
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, “DHS Awarding
Agency Contact Information.” For additional assistance using the ND Grants
System, please contact the ND Grants Service Desk at (800) 865-4076 or
NDGrants@fema.dhs.gov. The ND Grants Service Desk is available Monday
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through Friday, 9 a.m. – 5 p.m. Eastern Time (ET). For programmatic or grants
management questions, please contact your Program Analyst or Grants
Specialist. If applicants do not know who to contact or if there are programmatic
questions or concerns, please contact the FEMA Grants Information Desk by e-
mail at fema-grants-news@fema.dhs.gov OR by phone at (800) 368-6498,
Monday through Friday, 9 a.m. – 5 p.m. ET.
c. Anticipated Funding Selection Date: No later than July 21, 2023
d. Anticipated Award Date: No later than September 30, 2023
e. Other Key Dates:
Event Suggested Deadline for Completion
Initial registration in SAM.gov includes UEI
issuance
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
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Event Suggested Deadline for Completion
Registering in Grants.gov Four weeks before actual submission
deadline
Registering in ND Grants Four weeks before actual submission
deadline
Starting application in Grants.gov One week before actual submission
deadline
Submitting application in Grants.gov Three days before actual submission
deadline
Submitting the final application in FEMA’s ND
Grants.
By the submission deadline
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
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See the Preparedness Grants Manual, Appendix H for requesting and submitting
an application.
Initial applications are processed through the Grants.gov portal. Final applications
are completed and submitted through FEMA’s Non-Disaster Grants (ND Grants)
System. Application forms and instructions are available at Grants.gov. To access
these materials, go to Home | Grants.gov.
4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the
System for Award Management (SAM)
Each applicant, unless they have a valid exception under 2 CFR 25.110, must:
1.Be registered in Sam.Gov before application submission.
2.Provide a valid Unique Entity Identifier (UEI) in its application.
3.Continue to always maintain an active System for Award Management
(SAM) registration with current information during the Federal Award
process.
5. Steps Required to Obtain a Unique Entity Identifier, Register in the
System for Award Management (SAM), and Submit an Application
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 from
SAM.gov and Employer Identification Number (EIN) from the Internal
Revenue Service;
2.In the application, provide an UEI number;
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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.Create a Grants.gov account;
6.Add a profile to a Grants.gov account;
7.Establish an Authorized Organizational Representative (AOR) in Grants.gov;
8.Register in ND Grants
9.Submit an initial application in Grants.gov;
10.Submit the final application in ND Grants, including electronically signing
applicable forms; and
11.Continue to maintain an active SAM registration with current information at
all times during which it has an active federal award or an application or plan
under consideration by a federal awarding agency. 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.
Specific instructions on how to apply for, update, or verify an UEI number or SAM
registration or establish an AOR are included below in the steps for applying
through Grants.gov.
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 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 fema-grants-news@fema.dhs.gov and providing
the details of the circumstances that prevent completion of these requirements.
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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.
6. 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 initial
applications through Grants.gov and a final application through ND Grants.
7. How to Register to Apply through Grants.gov
For information on how to register to apply through Grants.gov, please see the
Preparedness Grants Manual.
8. How to Submit an Initial Application to FEMA via Grants.gov
Standard Form 424 (SF-424) is the initial application for this NOFO.
Grants.gov applicants can apply online using a workspace. A workspace is a
shared, online environment where members of a grant team may simultaneously
access and edit different web forms within an application. For each Notice of
Funding Opportunity, you can create individual instances of a workspace.
Applicants are encouraged to submit their initial applications in Grants.gov at least
seven days before the application deadline.
In Grants.gov, applicants need to submit the following forms:
SF-424, Application for Federal Assistance; and
Grants.gov Lobbying Form, Certification Regarding Lobbying
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For further information on how to submit an initial application via Grants.gov,
please see the Preparedness Grants Manual.
9. Submitting the Final Application in ND Grants
After submitting the initial application in Grants.gov, eligible applicants will be
notified by FEMA and asked to proceed with submitting their complete application
package in ND Grants. Applicants can register early with ND Grants and are
encouraged to begin their ND Grants registration at the time of this announcement
or, at the latest, seven days before the application deadline. Early registration will
allow applicants to have adequate time to start and complete their applications.
Applicants needing assistance registering for the ND Grants system should
contact ndgrants@fema.dhs.gov or (800) 865-4076. For step-by-step directions
on using the ND Grants system and other guides, please see Non-Disaster Grants
Management System.
In ND Grants, applicants will be prompted to submit the standard application
information and any program-specific information required as described in Section
D.10 of this NOFO, “Content and Form of Application Submission.” The Standard
Forms (SF) are auto-generated in ND Grants, but applicants may access these
forms in advance through 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.
For additional application submission requirements, including program-specific
requirements, please refer to the subsection titled “Content and Form of
Application Submission” under Section D of this NOFO.
10. Timely Receipt Requirements and Proof of Timely Submission
As application submission is a two-step process, the applicant with the AOR role
who submitted the application in Grants.gov will receive an acknowledgement of
receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov with the
successful transmission of its initial application. This notification does not serve as
proof of timely submission, as the application is not complete until it is submitted in
ND Grants. Applicants can also view the ND Grants Agency Tracking Number by
accessing the Details tab in the submitted workspace section in Grants.gov, under
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the Agency Tracking Number column. Should the Agency Tracking Number not
appear, the application has not yet migrated from Grants.gov into the ND Grants
System. Please allow 24 hours for your ND Grants application tracking number to
migrate.
All applications must be received in ND Grants by 5 p.m. ET on the application
deadline. Proof of timely submission is automatically recorded by ND Grants. An
electronic date/time stamp is generated within the system when the application is
successfully received by ND Grants. Additionally, the applicant(s) listed as
contacts on the application will receive a system-generated email to confirm
receipt.
11. Content and Form of Application Submission
a. Standard Required Application Forms and Information
The following forms or information are required to be submitted in either
Grants.gov or ND Grants. The Standard Forms (SF) are submitted either through
Grants.gov, through forms generated in ND Grants, or as an attachment in ND
Grants. Applicants may also access the SFs at SF-424 Family | Grants.gov.
i. Grants.Gov
SF-424, Application for Federal Assistance, initial application submitted through
Grants.gov
Grants.gov Lobbying Form, Certification Regarding Lobbying, submitted
through Grants.gov
ii. ND Grants
SF-424A, Budget Information (Non-Construction), submitted via the forms
generated by ND Grants
For construction under an award, submit SF-424C, Budget Information
(Construction), submitted via the forms generated by ND Grants, in addition
to or instead of SF-424A
·SF-424B, Standard Assurances (Non-Construction), submitted via the forms
generated by ND Grants
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For construction under an award, submit SF-424D, Standard Assurances
(Construction), submitted via the forms generated by ND Grants, in addition
to or instead of SF-424B
SF-LLL, Disclosure of Lobbying Activities, submitted via the forms generated by
ND Grants
Indirect Cost Agreement or Proposal, submitted as an attachment in ND Grants
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.13 of this NOFO, “Funding Restrictions and Allowable Costs,” for
further information regarding allowability of indirect costs and whether
alternatives to an indirect cost rate agreement or proposal might be available;
contact the relevant FEMA staff identified in Section G of this NOFO, “DHS
Awarding Agency Contact Information” for further instructions.
Generally, applicants have to submit either the non-construction forms (i.e., SF-
424A and SF-424B) or construction forms (i.e., SF-424C and SF-424D), meaning
that applicants that only have construction work and do not have any non-
construction work need only submit the construction forms (i.e., SF-424C and SF-
424D) and not the non-construction forms (i.e., SF-424A and SF-424B), and vice
versa. However, applicants who have both construction and non-construction work
under this program need to submit both the construction and non-construction
forms.
b. Program-Specific Required Forms and Information
The following program-specific information is required to be submitted as part of
the FY 2023 EMPG Program application: EMPG Program Work Plan.
I. EMPG Program Work Plan Instructions
All EMPG Program applicants must develop and submit a Work Plan as described
in the “EMPG Program Work Plan” section of the Preparedness Grants Manual,
Appendix H. All EMPG Program Work Plans will require final approval by the RA.
Before submitting the EMPG Program Work Plan, the applicant must work with the
RA or designated Regional EMPG Program Manager to ensure that the common
set of agreed-upon priorities, as explained in the Priorities section above, are
properly addressed in the EMPG Program Work Plan. All EMPG Program
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applicants are strongly encouraged to use the FY 2023 EMPG Program Work
Plan Template provided in the Preparedness Grants Manual, Appendix H to
submit the required Work Plan that outlines the state or territory’s emergency
management sustainment and enhancement efforts, including new and ongoing
activities and projects, proposed for the EMPG Program period of performance.
This document is also located in the Related Documents tab of the Grants.gov
EMPG Program posting.
Regions can request additional budget detail information, if necessary, to ensure
the proposed projects and associated costs are in alignment with the agreed-upon
priorities, address the identified need/capability gaps, and are in compliance with
the cost principles.
See Preparedness Grants Manual, Appendix H for additional information on the
EMPG Work Plan requirements.
12. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their
state’s Single Point of Contact (SPOC) to comply with the state’s process under
Executive Order 12372. See Executive Orders | National Archives;
Intergovernmental Review (SPOC List) (whitehouse.gov).
13. Funding Restrictions and Allowable Costs
EMPG Program recipients may only fund projects and activities that are included
and approved in the Work Plan. 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, the terms and conditions of the award, or the
Preparedness Grants Manual. 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 under this program is the same as the
period of performance).
Federal funds made available through this award may be used for the purpose set
forth in this NOFO, the Preparedness Grants Manual, and the terms and
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conditions of the award and must be consistent with the statutory authority for the
award. Award funds may not be used for matching funds for any other federal
awards, 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. See the Preparedness Grants Manual, Appendix H for
more 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. §§ 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 Prohibitions on Expending FEMA Award Funds for
Covered Telecommunications Equipment or Services (Interim) FEMA Policy #405-
143-1, or superseding document.
Additional guidance is available 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
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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 and the Preparedness Grants Manual,
Appendix H.
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
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.
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b. Pre-Award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA
and if they are included in the award agreement. To request pre-award costs, a
written request must be included with the application and be signed by the AOR.
The request letter must outline what the pre-award costs are for, including a
detailed budget break-out of pre-award costs from the post-award costs and a
justification for approval.
c. Management and Administration (M&A) Costs
M&A costs are allowed for both states and territories and local-level EMAs. A state
or territory EMA may use up to 5% of the EMPG Program award for M&A
purposes. In addition, local EMAs may retain and use up to 5% of the amount they
receive from the state for local M&A purposes. If the SAA is not the state or
territory-level EMA, the SAA is not eligible to retain funds for M&A.
M&A costs and activities are not operational costs; they are those costs and
activities incurred in direct support of the grant or as a result of the grant and
should be allocated across the entire lifecycle of the grant. They are directly
related to managing and administering the award, such as financial management,
reporting, and program and financial monitoring. It should be noted that salaries of
state and local emergency managers are not typically categorized as M&A costs
unless the state or local EMA chooses to assign personnel to specific M&A
activities. See Preparedness Grants Manual, Appendix H for additional guidance
on M&A costs.
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
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rate agreement (including a provisional rate) and wish to charge the de minimis
rate must reach out to the FEMA Regional Grants Management Specialist for
further instructions. Applicants who wish to use a cost allocation plan in lieu of an
indirect cost rate must also reach out to the FEMA Regional Grants Management
Specialist 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
Direct costs generally need to fit within one of the categories listed below. For
costs that do not explicitly fit within one of the mentioned categories, recipients
should consult their Regional EMPG Program Manager to determine whether the
cost is allowable under the award. In addition to the descriptions and references
below, applicants should refer to the FY 2023 Preparedness Grants, Appendix H.
1.Planning
Planning costs are allowed under this program only as described in this NOFO
and the Preparedness Grants Manual, Appendix H.
2.Organization
Organization costs are allowed under this program only as described in this NOFO
and the Preparedness Grants Manual, Appendix H.
3.Equipment
Equipment costs are allowed under this program only as described in this NOFO
and the Preparedness Grants Manual, Appendix H.
4.Training
Training costs are allowed under this program only as described in this NOFO and
the Preparedness Grants Manual, Appendix H.
5.Exercises
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Exercise costs are allowed under this program only as described in this NOFO
and the Preparedness Grants Manual, Appendix H.
6.Travel
Domestic travel costs are allowed under this program, as provided for in this
NOFO and the Preparedness Grants Manual, Appendix H. International travel is
not an allowable cost under this program unless approved in advance by FEMA.
7.Construction and Renovation
Construction and renovation costs are allowed under this program only as
described in this NOFO and the Preparedness Grants Manual, Appendix H. All
proposed construction and renovation activities must undergo an Environmental
Planning and Historic Preservation (EHP) review, including approval of the review
from FEMA, before undertaking any action related to the project. Failure of a grant
recipient to meet these requirements may jeopardize Federal funding.
8.Operational Overtime
Operational overtime costs are allowed under this program only as described in
this NOFO and the Preparedness Grants Manual, Appendix H.
9.Maintenance and Sustainment
Funding may be used to sustain programs that help achieve core capabilities that,
while they may not be physically deployable, support national response
capabilities, such as Geographic/Geospatial Information Systems, interoperable
communications systems, capabilities as defined under the Response Mission
Area of the Goal, and fusion centers.
For additional details on the use of funds for maintenance and sustainment costs,
please refer to the Preparedness Grants Manual, Appendix H.
E. Application Review Information
1. Application Evaluation Criteria
a. Programmatic Criteria
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Please see the Preparedness Grants Manual, Appendix H for information on
Application Evaluation Criteria.
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:
1.Financial stability;
2.Quality of management systems and ability to meet management standards;
3.History of performance in managing federal award;
4.Reports and findings from audits; and
5.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:
1.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 performance system accessible through the System
for Award Management (SAM), which is currently the Federal Awardee
Performance and Integrity Information System (FAPIIS).
2.An applicant, at its option, may review information in FAPIIS and comment
on any information about itself that a federal awarding agency previously
entered.
3.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
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completing the review of risk posed by applicants as described in 2 C.F.R. §
200.206.
2. Review and Selection Process
Recipients must comply with all administrative requirements described
herein?including the submission of the EMPG Program Work Plan and other
application materials as required. The following process will be used to make
awards for the EMPG Program:
a. Initial Review
The Regional EMPG Program Managers conduct all pre-award reviews for EMPG
Program grant awards. All EMPG Program Work Plans require final approval by
the RA. Prior to submission of the EMPG Program Work Plan, the applicant must
work with the RA or designated Regional EMPG Program Manager to ensure that
regional or state priorities are properly addressed in the EMPG Program Work
Plan.
Funds for recipients will not be released until such Work Plan is received,
reviewed, and approved by DHS/FEMA. Recipients will be notified by the RA or
their Regional EMPG Program Manager should any component of the EMPG
Program application require additional information.
b. Overall Review
FEMA Regions are responsible for reviewing submitted applications. Each
Regional EMPG Program Manager reviews the FY 2023 EMPG Program Work
Plans for their states or territories to assess the proposed EMPG Program
investments against the agreed upon priorities. This will include a financial review
using the following criteria:
Allowability, allocability, and financial reasonableness of the proposed budget
and investment information, and
Whether a recipient meets the financial and legal requirements listed in 2
C.F.R. Part 200.
F. Federal Award Administration Information
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1. Notice of Award
Before accepting the award through ND Grants, 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 and the Preparedness Grants Manual as well as any specific
terms and conditions in the Notice of Award to receive an award under this
program.
Recipients must accept their awards no later than 60 days from the award date.
The recipient shall notify FEMA of its intent to accept and proceed with work under
the award or provide a notice of intent to decline through the ND Grants system.
For instructions on how to accept or decline an award in the ND Grants system,
please see the ND Grants Grant Recipient User Guide, which is available at Non-
Disaster Grants Management System along with other ND Grants materials.
Funds will remain on hold until the recipient accepts the award through the ND
Grants 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 60-
day timeframe may result in a loss of funds.
See the Preparedness Grants Manual for information on Notice of Award.
2. Pass-Through Requirements
Each state or territory shall obligate 100% of its total EMPG Program allocation to
the designated state-level EMA. If the SAA is also the EMA, this requirement is
automatically met. If the SAA is a separate agency or has a separate budget
process, then all EMPG Program funds must be obligated to the EMA within 15
days of the grant award date. In instances where the state EMA is making
subawards to local jurisdictions, DHS/FEMA expects the state EMA to make these
subawards as expeditiously as possible.
3. 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.
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In addition to the information regarding DHS Standard Terms and Conditions and
Ensuring the Protection of Civil Rights, see the Preparedness Grants Manual for
additional information on administrative and national policy requirements,
including:
EHP Compliance;
FirstNet;
NIMS Implementation; and
SAFECOM Guidance on Emergency Communications Grants
Recipients using EMPG funds to support emergency communications equipment
activities must comply with the SAFECOM Guidance on Emergency
Communications Grants, including provisions on technical standards that ensure
and enhance interoperable communications.
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.
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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 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.
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. See Executive Order (EO) 14030, Climate-Related Financial
Risk and FEMA Policy #-206-21-0003, Partial Implementation of the Federal Flood
Risk Management Standard for Hazard Mitigation Assistance Programs (Interim).
All GPD actions, including grant-funded actions, must comply with National Flood
Insurance Program criteria or any more restrictive federal, state, or local floodplain
management standards or building code (44 CFR § 9.11(d)(6)). All GPD-funded
non-critical actions in 1% annual chance floodplains (also known as 100-year
floodplains) that involve new construction or substantial improvement of structures
must be elevated, at a minimum, to the lower of:
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Two feet above the 1% annual chance flood elevation (also known as the base
flood elevation), in accordance with the Federal Flood Risk Management
Standard (FFRMS) “Freeboard Value Approach” (FVA); or
The 0.2% annual chance flood elevation. Where 0.2% annual chance flood
elevations are not available, such actions must be elevated to at least two feet
above the 1% annual chance flood elevation.
All GPD-funded critical actions in 0.2% annual chance floodplains (also known as
500-year floodplains) that involve new construction or substantial improvement of
structures must be elevated, at a minimum, to the higher of:
Three feet above the 1% annual chance flood elevation; or
The 0.2% annual chance flood elevation. Where 0.2% annual chance flood
elevations are not available, such actions must be elevated to at least three feet
above the 1% annual chance flood elevation.
See EO 11988, Floodplain Management, as amended by EO 13690, Establishing
a Federal Flood Risk Management Standard and a Process for Further Soliciting
and Considering Stakeholder Input.
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 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 in order 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 in order 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
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EHP responsibilities and program requirements, including implementation of the
National Environmental Policy Act and other EHP regulations and Executive
Orders.
The GPD EHP screening form is located at FEMA Form. Additionally, all recipients
under this funding opportunity are required to comply with the FEMA GPD EHP
Policy Guidance, FEMA Policy #108-023-1.
4. 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.
See the Preparedness Grants Manual, Appendix H for information on reporting
requirements.
5. 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.
See the Preparedness Grants Manual, Appendix H for information on monitoring
and oversight.
G. DHS Awarding Agency Contact Information
1. Contact and Resource Information
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a. Program Office Contact
FEMA has assigned Regional Program Analysts for the EMPG Program. If you do
not know your Regional Program Analyst, reference Regions, States and
Territories or contact the FEMA Grants Information Desk by e-mail at fema-grants-
news@fema.dhs.gov OR by phone at (800) 368-6498, Monday through Friday, 9
a.m. – 5 p.m. ET.
b. FEMA Grants News
FEMA Grants News is a non-emergency comprehensive management and
information resource developed by FEMA for grants stakeholders. This channel
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 Information Desk can be reached by e-mail at fema-
grants-news@fema.dhs.gov OR by phone at (800) 368-6498, Monday through
Friday, 9 a.m. – 5 p.m. ET.
c. FEMA Regional Offices
FEMA Regional Offices manage, administer, and conduct the application budget
review, create the award package, approve, amend, and close out awards, as well
as conduct cash analysis, financial and programmatic monitoring, and audit
resolution for the EMPG Program. The Regions also provide technical assistance
to EMPG Program recipients.
FEMA Regional Office contact information is available at Regions, States and
Territories.
d. 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
.
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e. 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. Grants.gov
For technical assistance with Grants.gov, call the customer support hotline 24
hours per day, seven (7) days per week (except federal holidays) at (800) 518-
4726 or e-mail at support@grants.gov.
b. Non-Disaster (ND) Grants
For technical assistance with the ND Grants system, please contact the ND
Grants Helpdesk at ndgrants@fema.dhs.gov or (800) 865-4076, Monday through
Friday, 9 a.m. – 6 p.m. ET. User resources are available at Non-Disaster Grant
Management System.
c. Payment and Reporting System (PARS)
FEMA uses the Payment and Reporting System (PARS) for financial reporting,
invoicing, and tracking payments. FEMA uses the Direct Deposit/Electronic Funds
Transfer (DD/EFT) method of payment to recipients. To enroll in the DD/EFT,
recipients must complete a Standard Form 1199A, Direct Deposit Form. If you
have questions about the online system, please call the Customer Service Center
at (866) 927-5646 or email ask-GMD@fema.dhs.gov.
H. Additional Information
GPD has developed the Preparedness Grants Manual to guide applicants and
recipients of grant funding on how to manage their grants and other resources.
Recipients seeking guidance on policies and procedures for managing
preparedness grants should reference the Preparedness Grants Manual for
further information. Examples of information contained in the Preparedness
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Grants Manual include:
Actions to Address Noncompliance;
Audits;
Case Studies and Use of Grant-Funded Resources During Real-World Incident
Operations;
Community Lifelines;
Conflicts of Interest in the Administration of Federal Awards and Subawards;
Disability Integration;
National Incident Management System;
Payment Information;
Period of Performance Extensions;
Procurement Integrity;
Record Retention;
Whole Community Preparedness; and
Other Post-Award Requirements
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.
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
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FAPIIS the recipient’s material failure to comply with the award terms and
conditions. See also the section on Actions to Address Noncompliance in this
NOFO or in the Preparedness Grants Manual.
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
Recipients and subrecipients are encouraged to incorporate program evaluation
activities from the outset of their program design and implementation to
meaningfully document and measure their progress towards meeting an agency
priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of
2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges federal awarding agencies
and federal assistance recipients and subrecipients to use program evaluation as
a critical tool to learn, to improve equitable delivery, and to 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). Evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by statute or
regulation.
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In addition, recipients are required to participate in a DHS-led evaluation if
selected, which may be carried out by a third-party on behalf of the Program
Office or DHS. By accepting grant funds, recipients agree to participate in the
evaluation, which may include analysis of individuals who benefit from the grant,
and provide access to program operating personnel and participants, as specified
by the evaluator(s) during the award.
3. Period of Performance Extensions
Extensions to the period of performance 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 FEMA Regional Program Analyst and must contain
specific and compelling justifications as to why an extension is required.
Recipients are advised to coordinate with the FEMA Regional Program Analyst as
needed when preparing an extension request. Please see the Preparedness
Grants Manual, Appendix H for further instructions.
3. 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
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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.
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
and Build America, Buy America Act Frequently Asked Questions (FAQs).
Additional information is found in Buy America Preference in FEMA Financial
Assistance Programs for Infrastructure, FEMA Interim Policy #207-22-0001.
b. Waivers
When necessary, recipients (and subrecipients through their pass-through entity)
may apply for, and FEMA may grant, a waiver from these requirements.
A waiver of the domestic content procurement preference may be granted by the
agency awarding official if FEMA determines that:
Applying the domestic content procurement preference would be inconsistent
with the public interest.
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.
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.
c. 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,
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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:
Iron and steel: All manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the United States.
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% 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.
Construction Materials: All manufacturing processes for the construction
material occurred in the United States.
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Project: is any activity related to the construction, alteration, maintenance, or
repair of infrastructure in the United States.
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