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HomeMy WebLinkAboutResolutions - 2025.03.18 - 41950 AGENDA ITEM: Grant Amendment - FY 2021 National Fish Passage Program Grant DEPARTMENT: Parks & Recreation MEETING: Board of Commissioners DATE: Tuesday, March 18, 2025 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2025-5018 Motion to approve the grant award amendment, effective August 19, 2022, from the U.S. Fish and Wildlife Service that increases the grant award by $50,200 to $247,563; further, approve the grant award amendment, effective November 30, 2022, which extends the grant period through September 30, 2024; further authorize the Chair of the Board of Commissioners to execute documents necessary to authorize these grant award amendments, pursuant to the Oakland County Grant Policy and Procedures. ITEM CATEGORY SPONSORED BY Grant Brendan Johnson INTRODUCTION AND BACKGROUND The purpose of the FY2021 National Fish Passage Program grant from the U.S. Fish & Wildlife Service (USFWS) is to fund the removal of the Mill Pond Dam in Davisburg, MI, returning the river to a more natural state that will support native fish and wildlife, and to restore wetlands within the impounded area to the benefit adjacent high-quality natural communities and instream aquatic resources. The original grant award from the USFWS was $197,363 with a grant period from June 24, 2021, through December 31, 2023. The USFWS amended the agreement twice. The first was to add $50,200 to the grant, increasing the total to $247,563 (Notice dated 8/19/2022); and the second was to extend the grant period through September 30, 2024 (Notice dated 11/30/2023). These amendments have not been approved by the BOC and are now being submitted for approval. POLICY ANALYSIS This request is to approve two amendments to the grant award for the Mill Pond Dam Removal and Restoration Project. These amendments did not come to the Board of Commissioners for approval. This grant has been approved through the Grant Review Process. There is no budget amendment required for these grant amendments. Timeline of the Grant Application and Award 1. The grant application for the United States Fish and Wildlife Service National Fish Passage Program was approved with the adoption of MR #21030 on February 4, 2021. 2. The grant award of $197,363 was accepted and approved with the adoption of MR #21-482 for a term of June 24, 2021, through December 31, 2023. The grant award required a 100% grant match, with the funding to be shared between Oakland County Parks (55% or $108,550) and Springfield Township (45% or $88,813) FISCAL IMPACT: No Budget Amendment Needed Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Melissa Prowse, Manager - Parks & Recreation Planning & Development ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 3/20/2025 AGENDA DEADLINE: 03/18/2025 9:30 AM ATTACHMENTS 1. Grant Review Sign-Off 2. NFPP Amendment November 30 2023 3. NFPP Amendment August 19 2022 COMMITTEE TRACKING 2025-03-11 Legislative Affairs & Government Operations - Recommend to Board 2025-03-18 Full Board - Adopt Motioned by: Commissioner Robert Hoffman Seconded by: Commissioner Ann Erickson Gault Yes: Marcia Gershenson, Yolanda Smith Charles, Charles Cavell, Ann Erickson Gault, Linnie Taylor, Robert Smiley, David Woodward, Michael Spisz, Penny Luebs, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell (15) No: None (0) Abstain: None (0) Absent: Michael Gingell, Karen Joliat, William Miller III, Brendan Johnson (4) Passed GRANT REVIEW SIGN-OFF – Parks & Recreation AWD00189 GRANT NAME: FY2021 National Fish Passage Program (NFPP) FUNDING AGENCY: US Fish and Wildlife Service DEPARTMENT CONTACT: Melissa Prowse/(248) 249-2801 STATUS: Grant Amendment #1 (Greater than 15% of the original award) DATE: 02/21/2025 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-off and the grant agreement/contract with related documentation) should be downloaded into Civic Clerk to be placed on the next agenda(s) of the appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved by M & B – Shannon Lee (02/21/2025) Human Resources: Approved by Human Resources. No position impact. – Heather Mason on behalf of Hailey Matthews (02/04/2025) Risk Management: Approved. No County insurance requirements contained in Award or Amendments. Robert Erlenbeck (01/29/2025) Corporation Counsel: I approved this grant amendment. There are no legal issues that must be resolved before the grant amendment is approved and executed. – Jody Hall (02/04/2025 (Subject to the availability of funds and satisfactory progress of the project): a. DEDUCTION b. ADDITIONAL COSTS c. MATCHING d. OTHER RESEARCH (Add / Deduct Option) e. OTHER (See REMARKS) c. This award notice including terms and conditions, if any, noted below under REMARKS. d. Federal administrative requirements, cost principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS (Other Terms and Conditions Attached - Yes No) d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION c. Less Cumulative Prior Award(s) This Budget Period a. d. b. e. c. f. 13. Total Federal Funds Awarded to Date for Project Period 14. RECOMMENDED FUTURE SUPPORT Salaries and Wages Fringe Benefits ……………….................$ TOTAL DIRECT COSTS INDIRECT COSTS TOTAL APPROVED BUDGET Federal Share Non-Federal Share a. b. c. d. e. f. g. h. i. j. k. l. FINANCIAL ACCT 17. VENDOR CODE AMT OF FIN ASST START DATE 18b. DUNS END DATE 19. CONG. DIST. TAS ACCT .…...….…..$ …………………………...$ …………………………...$ …………………………...$ …………………………...$ …………………………...$ …………………….……..$ m. n. m) YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS ALL AMOUNTS ARE SHOWN IN USD II Total project costs including grant funds and all other financial participation b. Less Unobligated Balance From Prior Budget Periods 11. APPROVED BUDGET (Excludes Direct Assistance)12. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11 ALTERNATIVES: 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: 16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY a. The grant program legislation. b. The grant program regulations. 10b. FEDERAL PROJECT OFFICER10a. GRANTEE AUTHORIZING OFFICIAL NOTICE OF AWARD 1a. SUPERSEDES AWARD NOTICE dated Originating MCA # AUTHORIZATION (Legislation/Regulations) 4. GRANT NO. 5a.ACTION TYPE 6. PROJECT PERIOD 7. BUDGET PERIOD 9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY 1. DATE ISSUED 2. CFDA NO. 3. ASSISTANCE TYPE 8. From Through From Through 4a. FAIN 5. TYPE OF AWARD except that any additions or restrictions previously imposed remain in effect unless specifically rescinded ……………….................$ Total Personnel Costs Equipment Supplies Travel Construction Other Contractual TITLE OF PROJECT (OR PROGRAM) LINE#PO LINE DESCRIPTION $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 18a. UEI Fish and Wildlife Coordination Act—Cooperation of agencies (16 U.S.C. §661) 11/30/2023 08/19/2022 06/24/2021 09/30/2024 06/24/2021 09/30/2024 Davisburg Mill Pond Dam Removal and Restoration 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,362,205.00 0.00 1,362,205.00 1,114,642.00 247,563.00 0.00 247,563.00 2 3 4 e 15e. No program income authorized. This amendment is to extend the Period of Performance only. Terms & Conditions have been updated. II 15.608 - Fish and Wildlife Management Assistance Melissa Prowse 1200 N Telegraph Rd Bldg 34E Pontiac, MI, 48341-1032 Phone: 248-249-2801 OAKLAND, COUNTY OF 1200 N Telegraph Rd Dept 470 Pontiac, MI, 48341-1036 Melissa Prowse 1200 N Telegraph Rd Bldg 34E Pontiac, MI, 48341-1032 Phone: 248-249-2801 Matthew Kowalski 480 West Fletcher Street Alpena , MI, 49707 Phone: 989-356-5102 0.00 111362003620071420350 Cooperative Agreement 1,362,205.00 247,563.00 6 7 Lorie A Brown, Grants Management Specialist 5275 Leesburg Pike Falls Church, VA, 22041 Phone: 608-304-6380 GRANTS MANAGEMENT OFFICIAL: 5 247,563.00 F21AC02679-02 F21AC02679 Post Award Amendment Other 3 2 1 0051011613-00010 0051011613-00020 0051011613-00030 $0.00 $0.00 $0.00 06/24/2021 06/24/2021 06/24/2021 09/30/2024 09/30/2024 09/30/2024 1611 1611 1611 MI-Alpena FWCO- 15.608-Davisburg 21BASE MI-Alpena FWCO- 15.608-Davisburg 20GLRI MI-Alpena FWCO- 15.608-Davisburg 20BASE HZ4EUKDD7AB4 LINE#FINANCIAL ACCT AMT OF FIN ASST START DATE END DATE TAS ACCT PR LINE DESCRIPTION 4 0051025410-00010 $0.00 06/24/2021 09/30/2024 1611 Davisburg Dam Removal 2 of 11/30/2023 F21AC02679-02 2 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 SCOPE OF WORK Project Description The Service hereby incorporates the recipient’s application submitted to and approved by the Service into these award terms andconditions. This restoration project will remove the Mill Pond Dam in Davisburg, MI. The project return the river to a more natural state,supporting native fish and wildlife and restoring wetlands within the impounded area – greatly benefitting adjacent high- qualitynatural communities and instream aquatic resources. The Mill Pond Dam is the second dam downstream of Shiawassee Lake atthe headwaters of the Shiawassee River; when taken in context with the ongoing removal of the Davisburg Trout Pond dam <.75miles upstream (DNR project separate from this proposal), this project will result in free flowing conditions of over 8 miles fromthe headwaters downstream to Holly Mill Pond. The Service will: (A) participate and collaborate jointly with the recipient partner, volunteer, scientist, technician or otherpersonnel, in carrying out the scope of work, training recipient personnel, or detailing Federal personnel to work on the projecteffort; (B) Assist with project design, review project plans, and cooperate with project implementation; (C) review and approveproposed modifications or sub-grants, prior to award; and (D) Attend meetings, participate in outreach events and addressquestions from the general public and other interested parties. 1. BUDGET AND PROGRAM REVISIONS Budget and Program Plan Revisions The recipient must report to the Service Project Officer identified in their notice of award deviations from budget or project scopeor objective, and request prior approvals for budget and program plan revisions per 2 CFR §200.308, unless otherwise specificallywaived in this award. 1. PAYMENTS Domestic Recipients Enrolled in Treasury’s ASAP System The recipient will request payments under this award in the U.S. Treasury’s Automated Standard Application for Payment(ASAP) system. When requesting payment in ASAP, your Payment Requestor will be required to enter an Account ID. Thenumber assigned to this award is the partial Account ID in ASAP. When entering the Account ID in ASAP, the PaymentRequestor should enter the award number identified in the notice of award, followed by a percent sign (%). Refer to the ASAP.gov Help menu for detailed instructions on requesting payments in ASAP. 1. REPORT Interim Financial Reports The recipient is required to submit interim financial reports on a semiannual basis directly in GrantSolutions. The recipient mustfollow the financial reporting period end dates and due dates provided in GrantSolutions. The interim reporting due dates areavailable by signing in to GrantSolutions and selecting the menu for Reports>Federal Financial Report. The GrantSolutionsfinancial report data entry fields are the same as those on the SF-425, “Federal Financial Report” form. See also our instructional video on “Completing the Federal Financial Report (SF-425)”. 1. Interim Performance Reports2. 3 of 11/30/2023 F21AC02679-02 3 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 The recipient is required to submit interim performance reports on a semiannual basis directly in GrantSolutions. The recipientmust follow the performance reporting period end dates and due dates provided in GrantSolutions. The interim reporting due datesare available by signing in to GrantSolutions and selecting the menu for Reports>FPR. Final Reports The recipient must liquidate all obligations incurred under the award and submit a final financial report in GrantSolutions no laterthan 120 calendar days after the award period of performance end date. The GrantSolutions financial report data entry fields arethe same as those on the SF-425, “Federal Financial Report” form. See also our instructional video on “Completing the FederalFinancial Report (SF-425)”. The recipient must submit a final performance report no later than 120 calendar days after the award period of performance enddate. Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award asdetailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) anyother pertinent information relevant to the project results. Please include the Service award number on all reports. The recipient must follow the final Federal Financial Report and the final Performance Report reporting period end dates and duedates provided in GrantSolutions. The final reporting due dates are available by signing in to GrantSolutions and selecting themenu for Reports>Federal Financial Report or Reports>FPR. 3. Reporting Due Date Extensions Reporting due dates may be extended for an award upon request to the Service Project Officer identified in the notice of award.The request should be sent by selecting the award in GrantSolutions and selecting send message. The message must include thetype of report to be extended, the requested revised due date, and a justification for the extension. The Service may approve anadditional extension if justified by a catastrophe that significantly impairs the award Recipient’s operations. The recipient mustsubmit reporting due date extension requests through GrantSolutions to the Service Project Officer identified in their notice ofaward before the original due date. The Service Project Officer will respond to the recipient after approval or denial of theextension request. 4. Significant Developments Reports See 2 CFR §200.328(d). Events may occur between the scheduled performance reporting dates that have significant impact uponthe supported activity. In such cases, recipients are required to notify the Service in writing as soon as the recipient becomesaware of any problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federalaward. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed toresolve the situation. The recipient should also notify the Service in writing of any favorable developments that enable meetingtime schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results thanoriginally planned. 5. SPECIAL TERMS AND REQUIREMENTS Inadvertent Archaeological or Historical Discoveries In the event any archaeological or historic materials are encountered during project activity, work in the immediate area must stop and the following actions taken: Implement reasonable measures to protect the discovery site, including any appropriate stabilization or covering;1. Take reasonable steps to ensure the confidentiality of the discovery sites; and2. Take reasonable steps to restrict access to the site of discovery.3. 1. 4 of 11/30/2023 F21AC02679-02 4 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 The recipient must notify the concerned Tribes and all appropriate county, state, and federal agencies, including the State Historic Preservation Office. Agencies and the Tribe(s) will discuss the possible measures to remove or avoid cultural material, and will reach an agreement with the recipient regarding actions to be taken and disposition of material. If Human remains are uncovered, appropriate law enforcement agencies must be notified first, and the above steps followed. If the remains are determined to be Native, consultation with the affected Tribe(s) will take place in order to mitigate the final disposition of said remains. STAFF CONTACTS USFWS Program Officer Contact Information: Program Officer Name: Matthew Kowalski Program Officer Email Address: matthew_kowalski@fws.gov Program Officer Phone Number: 989-356-5102 1. Terms and Conditions Buy America Provision for Infrastructure Required Use of American Iron, Steel, Manufactured Products, and Construction Materials for Infrastructure Per 2 CFR Part 184, none of the funds provided under this award may be used for a project for infrastructure unless: All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, 1. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and 2. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. For construction material standards, see 2 CFR §184.6. 3. This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Department of the Interior (DOI) General Applicability Waivers There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver. Recipients are responsible for determining if an approved waiver applies to their project. A list of active waivers is available at: www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. As new waivers may be issued at any time, we recommend Recipients frequently check this web page through the life of their project. If an active waiver applies to the project, the Recipient must retain a record of the applicable waiver per 2 CFR §200.334 recordkeeping requirements. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within 1. 5 of 11/30/2023 F21AC02679-02 5 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 the limitations defined within the waiver, the Recipient does not need to request a separate waiver for non-domestic materials. Waiver Requests When necessary, recipients may apply for, and the DOI may grant, a waiver from these requirements, subject to review by the Made in America Office. Per 2 CFR §184.7, the DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies: Non-availability Waiver: 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, 1. Unreasonable Cost Waiver: 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 percent, or 2. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest. 3. If a general applicability waiver does not already apply, and the Recipient believes that one of the above circumstances applies to an award, the Recipient may submit a request to waive the application of the domestic content procurement preference. Waiver Submission Instructions Recipients must submit all waiver requests to the Service in writing. Email all waiver requests to fwhqfasupport@fws.gov. Please use the subject line: “Buy America Waiver Request”. Include the following information with each waiver request: Type of waiver requested (non-availability, unreasonable cost, or public interest) 1. Requesting entity name and Unique Entity Identifier (UEI) 2. Federal awarding agency: U.S. Fish and Wildlife Service, DOI 3. Awarding program Assistance Listing number and title (Notice of Award, Block 2) 4. Project title (Notice of Award, Block 8) 5. Federal Award Identification Number (Notice of Award, Block 4) 6. Federal award amount (Notice of Award, Block 11) 7. Total estimated infrastructure costs, to the extent know (federal and non-federal funds) 8. Infrastructure project description and location, to the extent known 9. List of iron or steel item(s), manufactured goods, and construction material(s) proposed to be waived from the Buy America requirements. Include the name, cost, country of origin, if known, and relevant PSC or NAICS code for each (see https://psctool.us/ and https://www.census.gov/naics/). 10. A certification that the Recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 11. A statement of waiver justification, including a description of the Recipient’s efforts (e.g., market research, industry outreach) to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America- compliant bids received in response to a solicitation. For market research conducted, provide details on when it was 12. 6 of 11/30/2023 F21AC02679-02 6 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 conducted, and the sources and methods used. Anticipated impact if no waiver is issued. 13. Do not include any Privacy Act information, sensitive data, or proprietary information with the waiver request. Waiver Review Process The Department will post waiver requests to www.doi.gov/grants/buyamerica for the required 15-day public comment period. The Made in America Office will also review all waiver requests. The Department will post approved waivers at www.doi.gov/grants/BuyAmerica/ApprovedWaivers. The Service will notify Recipients of waiver request determinations by email. Waivers may be granted after an award has been issued. However, an approved waiver will not retroactively apply to expenditures already incurred under the award before the effective date of the waiver. Any such expenditures are subject to the Buy America preferences for infrastructure. Definitions The terms used in this provision have the meanings given in 2 CFR §184.3. U.S. Fish and Wildlife Service General Award Terms and Conditions Recipients of U.S. Fish and Wildlife Service (Service) grant and cooperative agreement awards (hereafter referred to as ‘awards’) are subject to the terms and conditions incorporated into their Notice of Award either by direct citation or by reference to Federal regulations; program legislation or regulation; and special award terms and conditions. Award terms and conditions are applicable unless and until the USFWS removes or revises them in written notice to the recipient. The Service will make such changes by issuing a written notice that describes the change and provides the effective date. Recipients indicate their acceptance of an award by starting work, drawing down funds, or accepting the award via electronic means. Recipient acceptance of an award carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are aware of and comply with applicable award statutes, regulations, and terms and conditions. Recipient failure to comply with award terms and conditions can result in the Service taking one or more of the remedies and actions described in Title 2 of the Code of Federal Regulations (CFR) §§200.339—343. A library of the Service's general award terms and conditions with embedded links to all regulations is available on the Service’s website at: https://www.fws.gov/library/collections/financial-assistance-general-award-terms-and-conditions. Refer to the general terms and conditions in this library in effect as of the signature date on your award. See also the Department of the Interior’s General Award Terms and Conditions on their website at: https://www.doi.gov/grants/doi-standard-terms-and-conditions. Administrative Requirements, Cost Principles, and Audit Requirements These requirements and cost principles are applicable to all awards except those to individuals receiving the award separate from any business or organization they may own or operate. Foreign public entities and foreign organizations must comply with special considerations and requirements specific to their entity type, unless otherwise stated in this section. Foreign public entities must comply with those for states. 2 CFR Part 200, Subparts A—D, as supplemented by 2 CFR Part 1402 Foreign public entities must follow payment procedures in 2 CFR §200.305(b). For foreign public entities and foreign organizations, the requirements in 2 CFR §§200.321—323 do not apply. 2. 7 of 11/30/2023 F21AC02679-02 7 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 Appendix XII to 2 CFR Part 200—Recipient Integrity and Performance Matters Applicable to awards with a total Federal share of more than $500,000 except for awards of any amount to foreign public entities. 2 CFR Part 200, Subpart E—Cost Principles Applicable to all domestic and foreign non-Federal entities except non-profit organizations identified in Appendix VIII to 2 CFR Part 200. Non-Federal entities include for-profit organizations. 48 CFR Subpart 31.2—Contracts with Commercial Organizations Applicable to non-profit organizations identified in Appendix VIII to 2 CFR Part 200. Indirect Cost Proposals Requirements for development and submission of indirect cost rate proposals are contained in Appendix III (Institutions of Higher Education), Appendix IV (Nonprofit organizations), and Appendix VII (States, local government agencies, and Indian tribes) to 2 CFR Part 200. See also the DOI negotiated indirect cost rate deviation policies at 2 CFR §1402.414. For-profit entities should contact the DOI National Business Center, Office of Indirect Cost Rate Services at: https://ibc.doi.gov/ICS/indirect-cost. 2 CFR Part 200, Subpart F—Audit Requirements Applicable to U.S. states, local governments, Indian tribes, institutions of higher education, and nonprofit organizations. Not applicable to foreign public entities, foreign organizations, or for-profit entities. Statutory and National Policy Requirements These requirements are applicable to all awards, including those to individuals, for-profits, foreign public entities, and foreign organizations, unless otherwise stated in this section. Appendix A to 2 CFR Part 25—Universal Identifier and System for Award Management Not applicable to individuals or any entity exempted by the awarding bureau or office prior to award per 2 CFR §25.110(c)(2) and bureau or office policy. Appendix A to 2 CFR Part 170—Award term for reporting subaward and executive compensation Not applicable to individuals. See 2 CFR 170 for other exceptions. 2 CFR §175.15—Award Term for Trafficking in Persons Applicable to private entities as defined in 2 CFR §175.25(d), states, local governments, and Indian tribes. Applicable to foreign public entities if funding could be provided to a private entity as a subrecipient under the award. 2 CFR Part 184—Buy America Preference for Infrastructure Projects None of the funds under a Federal award may be obligated for an infrastructure project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. This part applies to an entire infrastructure project even if funded by Federal and non-Federal funds under one or more awards. Recipients must include this preference in all subawards, contracts, and purchase orders related to infrastructure projects under Federal awards. Service awards subject to this preference will include a Buy America Provision for Infrastructure. 8 of 11/30/2023 F21AC02679-02 8 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 2 CFR Part 1400—Nonprocurement Debarment and Suspension All recipients must ensure they do not enter into any covered transaction with an excluded or disqualified participant or principal. See also 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). 2 CFR §180.215 defines nonprocurement transactions that are not covered transactions. 2 CFR Part 1401—Requirements for Drug-Free Workplace (Financial Assistance) Not applicable to foreign public entities or foreign organizations. 43 CFR Part 18—New Restrictions on Lobbying Recipients are prohibited from using any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, or an officer or employee of a Member of the U.S. Congress in connection with the award. 41 U.S.C. §4712—Whistleblower Protection for Contractor and Grantee Employees 41 U.S.C. §6306—Prohibition on Members of Congress Making contracts with Federal Government Mandatory Disclosures Failure to make required disclosures may result in any of the remedies for noncompliance described in 2 CFR §200.339, including suspension or debarment (see also 2 CFR Part 180). Conflicts of interest: Per 2 CFR §1402.112, non-Federal entities and their employees must take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the provisions in 2 CFR §200.318 apply. Non- Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR §200.112. Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Service Project Officer identified in their notice of award in writing of any conflicts of interest that may arise during the life of the award, including those that reported by subrecipients. The Service will examine each disclosure to determine whether a significant potential conflict exists and, if it does, work with the applicant or recipient to develop an appropriate resolution. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Lobbying: If the Federal share of the award is more than $100,000, recipients must disclose making or agreeing to make any payment using non-appropriated funds for lobbying in connection with the award. To make such disclosures, recipients must complete and submit the SF-LLL, “Disclosure of Lobbying Activities” form to the USFWS. This form is available at: https://www.grants.gov/forms/forms-repository/post-award-reporting-forms. For more information on when additional submission of this form is required, see 43 CFR, Subpart 18.100. These restrictions are not applicable to such expenditures by Indian tribe, tribal organization, or any other Indian organization that is specifically permitted by other Federal law. Other Mandatory Disclosures: Recipients and subrecipients must disclose, in a timely manner, in writing to the Service Project Officer identified in their notice of award or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities subject to the 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM. 9 of 11/30/2023 F21AC02679-02 9 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 National Policy Encouragements Executive Order 13043—Increasing Seat Belt Use in the United States Non-Federal entities are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. Individuals are encouraged to use seat belts while driving in connection with award activities. E. O. 13513—Federal Leadership on Reducing Text Messaging While Driving Non-Federal entities are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. Individuals are encouraged to not text message while driving in connection with award activities. 10 of 11/30/2023 F21AC02679-02 10 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 10 (Subject to the availability of funds and satisfactory progress of the project): a. DEDUCTION b. ADDITIONAL COSTS c. MATCHING d. OTHER RESEARCH (Add / Deduct Option) e. OTHER (See REMARKS) c. This award notice including terms and conditions, if any, noted below under REMARKS. d. Federal administrative requirements, cost principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS (Other Terms and Conditions Attached - Yes No) d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION c. Less Cumulative Prior Award(s) This Budget Period a. d. b. e. c. f. 13. Total Federal Funds Awarded to Date for Project Period 14. RECOMMENDED FUTURE SUPPORT Salaries and Wages Fringe Benefits ……………….................$ TOTAL DIRECT COSTS INDIRECT COSTS TOTAL APPROVED BUDGET Federal Share Non-Federal Share a. b. c. d. e. f. g. h. i. j. k. l. FINANCIAL ACCT 17. VENDOR CODE AMT OF FIN ASST START DATE 18b. DUNS END DATE 19. CONG. DIST. TAS ACCT .…...….…..$ …………………………...$ …………………………...$ …………………………...$ …………………………...$ …………………………...$ …………………….……..$ m. n. m) YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS ALL AMOUNTS ARE SHOWN IN USD II Total project costs including grant funds and all other financial participation b. Less Unobligated Balance From Prior Budget Periods 11. APPROVED BUDGET (Excludes Direct Assistance)12. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11 ALTERNATIVES: 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: 16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY a. The grant program legislation. b. The grant program regulations. 10b. FEDERAL PROJECT OFFICER10a. GRANTEE AUTHORIZING OFFICIAL NOTICE OF AWARD 1a. SUPERSEDES AWARD NOTICE dated Originating MCA # AUTHORIZATION (Legislation/Regulations) 4. GRANT NO. 5a.ACTION TYPE 6. PROJECT PERIOD 7. BUDGET PERIOD 9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY MM/DD/YYYY 1. DATE ISSUED 2. CFDA NO. 3. ASSISTANCE TYPE 8. From Through From Through 4a. FAIN 5. TYPE OF AWARD except that any additions or restrictions previously imposed remain in effect unless specifically rescinded ……………….................$ Total Personnel Costs Equipment Supplies Travel Construction Other Contractual TITLE OF PROJECT (OR PROGRAM) LINE#PO LINE DESCRIPTION $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 18a. UEI Fish and Wildlife Coordination Act—Cooperation of agencies (16 U.S.C. §661) 08/19/2022 07/26/2021 06/24/2021 12/31/2023 06/24/2021 12/31/2023 Davisburg Mill Pond Dam Removal and Restoration 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,362,205.00 0.00 1,362,205.00 1,114,642.00 247,563.00 0.00 197,363.00 2 3 4 e 15.e. No program income. This amendment is to add funding for increased cost of construction contractor. II 15.608 - Fish and Wildlife Management Assistance Melissa Prowse 1200 N Telegraph Rd Bldg 34E Pontiac, MI, 48341-1032 Phone: 248-249-2801 OAKLAND, COUNTY OF 1200 N Telegraph Rd Dept 470 Pontiac, MI, 48341-1036 Melissa Prowse 1200 N Telegraph Rd Bldg 34E Pontiac, MI, 48341-1032 Phone: 248-249-2801 Matthew Kowalski 480 West Fletcher Street Alpena , MI, 49707 Phone: 989-356-5102 50,200.00 111362003620071420350 Cooperative Agreement 1,362,205.00 247,563.00 6 7 Lorie A Brown, Grants Management Specialist 5275 Leesburg Pike Falls Church, VA, 22041 Phone: 608-304-6380 GRANTS MANAGEMENT OFFICIAL: 5 247,563.00 F21AC02679-01 F21AC02679 Post Award Amendment Other 4 0051025410-00010 $50,200.00 06/24/2021 12/31/2023 1611 Davisburg Dam Removal HZ4EUKDD7AB4 LINE#FINANCIAL ACCT AMT OF FIN ASST START DATE END DATE TAS ACCT PR LINE DESCRIPTION 2 of 08/19/2022 F21AC02679-01 2 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 SCOPE OF WORK Project Description The Service hereby incorporates the recipient’s application submitted to and approved by the Service into these award terms and conditions. These additional funds will a used for additonal costs of contracts for Dam removal and riparian restroation for the removal of the Davisburg Mill Pond Dam and Impoundment Restoration project. This restoration project will remove the Mill Pond Dam in Davisburg, MI. The project return the river to a more natural state, supporting native fish and wildlife and restoring wetlands within the impounded area – greatly benefitting adjacent high-quality natural communities and instream aquatic resources. The Mill Pond Dam is the second dam downstream of Shiawassee Lake at the headwaters of the Shiawassee River; when taken in context with the ongoing removal of the Davisburg Trout Pond dam <.75 miles upstream (DNR project separate from this proposal), this project will result in free flowing conditions of over 8 miles from the headwaters downstream to Holly Mill Pond. The Service will: (A) participate and collaborate jointly with the recipient partner, volunteer, scientist, technician or other personnel, in carrying out the scope of work, training recipient personnel, or detailing Federal personnel to work on the project effort; (B) Assist with project design, review project plans, and cooperate with project implementation; (C) review and approve proposed modifications or sub-grants, prior to award; and (D) Attend meetings, participate in outreach events and address questions from the general public and other interested parties. 1. BUDGET AND PROGRAM REVISIONS Budget and Program Plan Revisions The recipient must report to the Service Project Officer identified in their notice of award deviations from budget or project scope or objective, and request prior approvals for budget and program plan revisions per 2 CFR §200.308, unless otherwise specifically waived in this award. 1. PAYMENTS Domestic Recipients Enrolled in Treasury’s ASAP System The recipient will request payments under this award in the U.S. Treasury’s Automated Standard Application for Payment (ASAP) system. When requesting payment in ASAP, your Payment Requestor will be required to enter an Account ID. The number assigned to this award is the partial Account ID in ASAP. When entering the Account ID in ASAP, the Payment Requestor should enter the award number identified in the notice of award, followed by a percent sign (%). Refer to the ASAP.gov Help menu for detailed instructions on requesting payments in ASAP. 1. REPORT Interim Financial Reports The recipient is required to submit interim financial reports on a semiannual basis directly in GrantSolutions. The recipient must follow the financial reporting period end dates and due dates provided in GrantSolutions. The interim reporting due dates are available by signing in to GrantSolutions and selecting the menu for Reports>Federal Financial Report. The GrantSolutions financial report data entry fields are the same as those on the SF-425, “Federal Financial Report” form. See also our instructional 1. 3 of 08/19/2022 F21AC02679-01 3 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 video on “Completing the Federal Financial Report (SF-425)”. Interim Performance Reports The recipient is required to submit interim performance reports on a semiannual basis directly in GrantSolutions. The recipient must follow the performance reporting period end dates and due dates provided in GrantSolutions. The interim reporting due dates are available by signing in to GrantSolutions and selecting the menu for Reports>FPR. 2. Final Reports The recipient must liquidate all obligations incurred under the award and submit a final financial report in GrantSolutions no later than 120 calendar days after the award period of performance end date. The GrantSolutions financial report data entry fields are the same as those on the SF-425, “Federal Financial Report” form. See also our instructional video on “Completing the Federal Financial Report (SF-425)”. The recipient must submit a final performance report no later than 120 calendar days after the award period of performance end date. Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project results. Please include the Service award number on all reports. The recipient must follow the final Federal Financial Report and the final Performance Report reporting period end dates and due dates provided in GrantSolutions. The final reporting due dates are available by signing in to GrantSolutions and selecting the menu for Reports>Federal Financial Report or Reports>FPR. 3. Reporting Due Date Extensions Reporting due dates may be extended for an award upon request to the Service Project Officer identified in the notice of award. The request should be sent by selecting the award in GrantSolutions and selecting send message. The message must include the type of report to be extended, the requested revised due date, and a justification for the extension. The Service may approve an additional extension if justified by a catastrophe that significantly impairs the award Recipient’s operations. The recipient must submit reporting due date extension requests through GrantSolutions to the Service Project Officer identified in their notice of award before the original due date. The Service Project Officer will respond to the recipient after approval or denial of the extension request. 4. Significant Developments Reports See 2 CFR §200.328(d). Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, recipients are required to notify the Service in writing as soon as the recipient becomes aware of any problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed to resolve the situation. The recipient should also notify the Service in writing of any favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. 5. SPECIAL TERMS AND REQUIREMENTS Environmental Compliance Reviews Design work and RFPs may continue. No ground breaking work may begin until the USFWS Biologist has reviewed all compliance documentation and has notified you that work may begin. 1. 4 of 08/19/2022 F21AC02679-01 4 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 As a condition of award, the Recipient and their sub-recipient(s) and contractor(s) must not begin any potentially impactful work related to this award until the Service has notified you in writing that such work can begin. Recipients and sub-recipients of Federal grants and cooperative agreement awards must comply with the requirements of the National Environmental Policy Act (NEPA), Section 7 of Endangered Species Act (ESA), and Section 106 of the National Historic Preservation Act (NHPA). Inadvertent Archaeological or Historical Discoveries In the event any archaeological or historic materials are encountered during project activity, work in the immediate area must stop and the following actions taken: Implement reasonable measures to protect the discovery site, including any appropriate stabilization or covering;1. Take reasonable steps to ensure the confidentiality of the discovery sites; and2. Take reasonable steps to restrict access to the site of discovery.3. The recipient must notify the concerned Tribes and all appropriate county, state, and federal agencies, including the State Historic Preservation Office. Agencies and the Tribe(s) will discuss the possible measures to remove or avoid cultural material, and will reach an agreement with the recipient regarding actions to be taken and disposition of material. If Human remains are uncovered, appropriate law enforcement agencies must be notified first, and the above steps followed. If the remains are determined to be Native, consultation with the affected Tribe(s) will take place in order to mitigate the final disposition of said remains. 2. STAFF CONTACTS USFWS Program Officer Contact Information: Program Officer Name: Matthew Kowalski Program Officer Email Address: matthew_kowalski@fws.gov Program Officer Phone Number: 989-356-5102 1. Terms and Conditions Buy America Provision Required Use of American Iron, Steel, Manufactured Products, and Construction Materials for Infrastructure As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after May 14, 2022, none of the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. Recipients must include the requirements in this section all subawards, including all contracts and purchase orders for work or products under this program. None of the funds provided under this award may be used for a project for infrastructure unless: All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, 1. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the 2. 1. 5 of 08/19/2022 F21AC02679-01 5 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 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, and all construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. 3. This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For more information, visit the Department’s Buy America site at www.doi.gov/grants/BuyAmerica and the Office of Management and Budget’s site at www.whitehouse.gov/omb/management/made-in-america/. Waivers There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the Recipient does not need to request a separate waiver for non-domestic materials. When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies: Non-availability Waiver: 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, 1. Unreasonable Cost Waiver: 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 percent, or 2. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest. 3. If a general applicability waiver does not already apply, and the Recipient believes that one of the above circumstances applies to an award, the Recipient may submit a request to waive the application of the domestic content procurement preference. Waiver Submission Instructions Recipients must submit all waiver requests to the Service in writing. Email all waiver requests to fwhqfasupport@fws.gov. Please use the subject line: “Buy America Waiver Request”. Include the following information with each waiver request: Type of waiver requested (non-availability, unreasonable cost, or public interest) 1. Requesting entity name and Unique Entity Identifier (UEI) 2. Awarding bureau: U.S. Fish and Wildlife Service 3. Awarding program Assistance Listing number and title (Notice of Award, Block 2) 4. Project title (Notice of Award, Block 8) 5. 6 of 08/19/2022 F21AC02679-01 6 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 Federal Award Identification Number (Notice of Award, Block 4) 6. Federal award amount (Notice of Award, Block 11) 7. Total infrastructure costs, to the extent know (federal and non-federal funds) 8. Infrastructure project description and location, to the extent known 9. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin, if known, and relevant PSC or NAICS code for each (see https://psctool.us/ and https://www.census.gov/naics/). 10. A certification that the Recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 11. A statement of waiver justification, including a description of the Recipient’s efforts (e.g., market research, industry outreach) to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America- compliant bids received in response to a solicitation. 12. Anticipated impact if no waiver is issued. 13. Do not include any Privacy Act information, sensitive data, or proprietary information with the waiver request. Waiver Review Process The Department will post waiver requests to www.doi.gov/grants/buyamerica for the required 15-day public comment period. The Made in America Office will also review all waiver requests. The Department will post approved waivers at www.doi.gov/grants/BuyAmerica/ApprovedWaivers. The Service will notify Recipients of their waiver request determination by email. Definitions Construction materials includes an article, material, or supply 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, or • drywall. • Construction materials does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 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. Infrastructure includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and 7 of 08/19/2022 F21AC02679-01 7 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 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. Infrastructure includes facilities that generate, transport, and distribute energy. Project means the construction, alteration, maintenance, or repair of infrastructure in the United States. Notice of Temporary Waiver of the Applicable Buy America Preference for Infrastructure In Effect July 13, 2022-January 12, 2023 Per the Buy America, Build America Act (Section 70914 of the Infrastructure Investment and Jobs Act, Pub. L. 117-58) applicable to this award, none of the funds under a federal award may be obligated for an infrastructure project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The Recipient hereby notified that as of July 13, 2022, the applicable Buy America preference for infrastructure is temporarily waived through January 12, 2023. On July 13, 2022, the Office of Management and Budget's Made in America office approved a General Applicability Waiver suspending the Buy America preference for Department of the Interior recipients for a six-month period.  A copy of the approved waiver is available for the public on the “Approved Waivers” section of the Department of the Interior’s Buy America web page (https://www.doi.gov/grants/buyamerica). This waiver does not change the terms and conditions of this award, but rather suspends them for the specified period. This provides a window of opportunity in which your organization may identify known domestic supply chain issues affecting your Service award(s). If such issues are identified, please notify your Service program point of contact as soon as possible. 2. U.S. Fish and Wildlife Service General Award Terms and Conditions Recipients of U.S. Fish and Wildlife Service (Service) grant and cooperative agreement awards (hereafter referred to as ‘awards’) are subject to the terms and conditions incorporated into their Notice of Award either by direct citation or by reference to Federal regulations; program legislation or regulation; and special award terms and conditions. Award terms and conditions are applicable unless and until the USFWS removes or revises them in written notice to the recipient. The Service will make such changes by issuing a written notice that describes the change and provides the effective date. Recipients indicate their acceptance of an award by starting work, drawing down funds, or accepting the award via electronic means. Recipient acceptance of an award carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are aware of and comply with applicable award statutes, regulations, and terms and conditions. Recipient failure to comply with award terms and conditions can result in the Service taking one or more of the remedies and actions described in Title 2 of the Code of Federal Regulations (CFR) §§200.339—343. A PDF of these terms and conditions with embedded links to all regulations is available on the Service’s website at: https://www.fws.gov/media/fws-financial-assistance-award-terms-and-conditions-2020-12-31. See also the Department of the Interior’s General Award Terms and Conditions on their website at: https://www.doi.gov/grants/doi-standard-terms-and- conditions. Administrative Requirements, Cost Principles, and Audit Requirements 3. 8 of 08/19/2022 F21AC02679-01 8 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 These requirements and cost principles are applicable to all awards except those to individuals receiving the award separate from any business or organization they may own or operate. Foreign public entities and foreign organizations must comply with special considerations and requirements specific to their entity type, unless otherwise stated in this section. Foreign public entities must comply with those for states. 2 CFR Part 200, Subparts A—D, as supplemented by 2 CFR Part 1402 Foreign public entities must follow payment procedures in 2 CFR §200.305(b). For foreign public entities and foreign organizations, the requirements in 2 CFR §§200.321—323 do not apply. Appendix XII to 2 CFR Part 200—Recipient Integrity and Performance Matters Applicable to awards with a total Federal share of more than $500,000 except for awards of any amount to foreign public entities. 2 CFR Part 200, Subpart E—Cost Principles Applicable to all domestic and foreign non-Federal entities except non-profit organizations identified in Appendix VIII to 2 CFR Part 200. 48 CFR Subpart 31.2—Contracts with Commercial Organizations Applicable to non-profit organizations identified in Appendix VIII to 2 CFR Part 200 and for-profit organizations. Indirect Cost Proposals Requirements for development and submission of indirect cost rate proposals are contained in Appendix III (Institutions of Higher Education), Appendix IV (Nonprofit organizations), and Appendix VII (States, local government agencies, and Indian tribes) to 2 CFR Part 200. See also the DOI negotiated indirect cost rate deviation policies at 2 CFR §1402.414. For-profit entities should contact the DOI National Business Center, Office of Indirect Cost Rate Services at: https://ibc.doi.gov/ICS/icrna. 2 CFR Part 200, Subpart F—Audit Requirements Applicable to U.S. states, local governments, Indian tribes, institutions of higher education, and nonprofit organizations. Not applicable to foreign public entities, foreign organizations, or for-profit entities. Statutory and National Policy Requirements These requirements are applicable to all awards, including those to individuals, for-profits, foreign public entities, and foreign organizations, unless otherwise stated in this section. Appendix A to 2 CFR Part 25—Universal Identifier and System for Award Management Not applicable to individuals or any entity exempted by the awarding bureau or office prior to award per 2 CFR §25.110(c)(2) and bureau or office policy. Appendix A to 2 CFR Part 170—Award term for reporting subaward and executive compensation Not applicable to individuals. See 2 CFR 170 for other exceptions. 2 CFR §175.15—Award Term for Trafficking in Persons 9 of 08/19/2022 F21AC02679-01 9 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 Applicable to private entities as defined in 2 CFR §175.25(d), states, local governments, and Indian tribes. Applicable to foreign public entities if funding could be provided to a private entity as a subrecipient under the award. 2 CFR Part 1400—Nonprocurement Debarment and Suspension All recipients must ensure they do not enter into any covered transaction with an excluded or disqualified participant or principal. See also 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). 2 CFR §180.215 defines nonprocurement transactions that are not covered transactions. 2 CFR Part 1401—Requirements for Drug-Free Workplace (Financial Assistance) Not applicable to foreign public entities or foreign organizations. 43 CFR Part 18—New Restrictions on Lobbying Recipients are prohibited from using any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, or an officer or employee of a Member of the U.S. Congress in connection with the award. 41 U.S.C. §4712—Whistleblower Protection for Contractor and Grantee Employees 41 U.S.C. §6306—Prohibition on Members of Congress Making contracts with Federal Government Mandatory Disclosures Failure to make required disclosures may result in any of the remedies for noncompliance described in 2 CFR §200.339, including suspension or debarment (see also 2 CFR Part 180). Conflicts of interest: Per 2 CFR §1402.112, non-Federal entities and their employees must take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the provisions in 2 CFR §200.318 apply. Non- Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR §200.112. Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Service Project Officer identified in their notice of award in writing of any conflicts of interest that may arise during the life of the award, including those that reported by subrecipients. The Service will examine each disclosure to determine whether a significant potential conflict exists and, if it does, work with the applicant or recipient to develop an appropriate resolution. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Lobbying: If the Federal share of the award is more than $100,000, recipients must disclose making or agreeing to make any payment using non-appropriated funds for lobbying in connection with the award. To make such disclosures, recipients must complete and submit the SF-LLL, “Disclosure of Lobbying Activities” form to the USFWS. This form is available at: https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html. For more information on when additional submission of this form is required, see 43 CFR, Subpart 18.100. These restrictions are not applicable to such expenditures by Indian tribe, tribal organization, or any other Indian organization that are specifically permitted by other Federal law. Other Mandatory Disclosures: Recipients and subrecipients must disclose, in a timely manner, in writing to the Service Project Officer identified in their notice of award or pass-through entity all violations of Federal criminal law involving fraud, bribery, or 10 of 08/19/2022 F21AC02679-01 10 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11 gratuity violations potentially affecting the Federal award. Non-Federal entities subject to the 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM. National Policy Encouragements Executive Order 13043—Increasing Seat Belt Use in the United States Non-Federal entities are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. Individuals are encouraged to use seat belts while driving in connection with award activities. E. O. 13513—Federal Leadership on Reducing Text Messaging While Driving Non-Federal entities are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. Individuals are encouraged to not text message while driving in connection with award activities. 11 of 08/19/2022 F21AC02679-01 11 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 11