DoW’s Energy, Installations, and Environment Innovation Partners Programs

NFO

NOTICE OF FUNDING OPPORTUNITY
DEPARTMENT OF WAR (DoW)
DoW’s Energy, Installations, and Environment Innovation Partners Programs
Notice of Funding Opportunity (NFO)
Announcement Type: Initial Announcement
NFO Number: HQ003423NFOEASD07
Assistance Listing Number: 12.632
Anticipated Funding Purpose: The Office of the Under Secretary of War (OUSW), intends to award
non-research cooperative agreements (CA) to help manage and sustain Department of War (DoW) land
in the United States. The DoW Strategic Environmental Research and Development Program (SERDP),
Environmental Security Technology Certification Program (ESTCP), Readiness and Environmental
Protection Integration (REPI) Program, and Legacy Resource Management Program (Legacy Program)
fund high priority national and regional natural and cultural resources projects that enhance installation
resilience and environmental objectives and support military readiness.
Key Dates: This announcement will be open for applications until the time included in Section IV,
“Application and Submission Information.”
• Date Issued: January 2026
• Due Date: Applications will be reviewed on a rolling basis.
Agency Contact: All questions should be directed via e-mail to the following contacts:
• Grants Specialist: Diane Clarke, email: diane.r.clarke.civ@mail.mil
• ESTCP Program Manager: J. Kevin Hiers, email: j.kevin.hiers.civ@mail.mil
• ESTCP Program Contractor Support: Sarah Wasko, email: sarah.r.barlow.ctr@mail.mil
• Legacy Program Manager: Michael (Mike) Langston, email: mlangston@usgs.gov
• Legacy Program Contractor Support: Marwa Rafiq, email: marwa.m.rafiq.ctr@mail.mil
• Legacy Program Contractor Support: McKenna McMahon, email: mckenna.n.mcmahon.ctr@mail.mil
• REPI Director of Projects and Resources: Andy Porth, email: Andrew.m.porth.civ@mail.mil
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I. Program Description
A. Short Description of Funding Opportunity
On behalf of the Office of the Secretary of War/Office of the Under Secretary of War (Acquisition and
Sustainment) (OUSD(A&S)) the Washington Headquarters Services, Acquisition Directorate,
(WHS/AD) seeks applications for cooperative agreements for relevant energy, environmental, military
installation resilience, compatible land use, and conservation projects. This NFO requests that
respondents provide project narratives identifying projects that align with the purposes and public
benefits identified in Section I, Bullet C, “Program Description/Objective.” The project narratives will
be used to identify projects and stakeholders for SERDP, ESTCP, REPI Program, and Legacy Program
funding opportunities, and installation and environmental end-user community engagement. Depending
on the available funding and strength of the proposed project narratives, some offerors may be invited to
submit full proposals or receive awards.
B. Background
The OUSW(A&S), the Office of the Assistant Secretary of War (Energy, Installations and Environment)
(OASW(EI&E)), and the Office of the Deputy Assistant Secretary of War for Energy Resilience and
Optimization (ODASW(E&RO)) manage SERDP, ESTCP, REPI Program, and the Legacy Program.
Previous projects have demonstrated technologies and partnership solutions to meet installation energy,
resilience, environmental restoration, critical materials requirements, compatible land use, and
conservation needs. Projects have supported the warfighter by creating guides, systems, reports, and
other deliverables addressing a variety of topics including installation resilience, per- and
polyfluoroalkyl substance (PFAS) remediation, natural and cultural resources management, prevention
and control techniques for invasives species, testing PFAS-free firefighting formulations, wildlife and
habitat management recommendations, various trainings and workshops, and educational and outreach
materials. For detailed project information and final products, visit: https://www.serdp-estcp.mil,
https://www.repi.mil/, or https://www.denix.osd.mil/legacy/.
C. Program Description/Objective
Proposed projects must directly benefit DoW's energy, military installation resilience, compatible land use,
and natural resources management objectives and mission for sustainment on and adjacent to military
lands. Projects should support one or more of the following Topic Areas:
• Establishing Demonstration Partnership Centers focused on the development, demonstration, and
ultimate commercialization of technologies in key DoW geographies for technologies that
advance DoW and partner interests in one of the following topical areas: resilience to extreme
weather, coastal hazards, wildland fire management, PFAS treatment, or supplies of critical
minerals, metals, or rare earth elements. Centers should include broad partnerships between
academic institutions, industry, DoW, and/or other federal agencies.
• Improving wildland fire management and risk reduction.
• Improving techniques and approaches for PFAS remediation and treatment.
• Testing techniques for improving resilient lands and ecosystem management.
• Improving management and conservation of wildlife, particularly DoW “mission priority
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species” (see Appendix I for list of “mission priority” species)
• Improving efficiencies in management of cultural resources.
• Preserving land surrounding military installations to protect against encroachment impacts, such as
incompatible development, operations security, species regulatory requirements, and foreign land
ownership.
• Improving military installations resilience by constructing solutions that protect testing and
training missions and critical facilities from weather-related impacts.
Cross Cutting Priorities:
• Development, demonstration, and commercialization of key technologies needed to support
DoW’s environmental and resilience challenges.
• Readiness and range sustainment
• Incorporating new or emerging technologies
• Improving data and information management
• Regulatory and management efficiencies
• Reducing encroachment risks outside installations
• Ensuring realistic testing and training spaces
D. Authorization
The authorizations to make awards under this funding opportunity can be found under Assistance
Listing (formerly the CFDA Number) 12.632 Legacy Program and 12.017 REPI. Note that these listings
have combined and been retitled to “Energy, Installations, and Environment Innovation Partners
Programs” to cover the programs noted in Section I, Bullet A, “Short Description of Funding
Opportunity.” 12.017 will be withdrawn when 12.632 is finalized.
E. Legal Requirements
The cooperative agreement awarded under this announcement will be governed by the general terms and
conditions in effect at the time of the award that conform to the DoW’s implementation of OMB
guidance applicable to financial assistance in 2 CFR 1100 [Subchapter D – Administrative
Requirements Terms and Conditions for Cost-Type Grants and Cooperative Agreements to Nonprofit
and Government Entities] and 32 CFR Chapter 1 [Subchapter C - DoW Grant and Agreement
Regulations]. These terms and conditions are incorporated by reference in this announcement.
II. Federal Award Information
The following information applies to awards issued under this announcement:
This NFO requests that respondents provide project narratives identifying projects that align with the
purposes and public benefits identified. The project narratives will be used to identify projects and
stakeholders for SERDP, ESTCP, REPI Program, and Legacy Program funding opportunities and
conservation community engagement.
Anticipated Period of Performance: The period of performance is subject to the proposed project. If
appropriate, options may be permitted.
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Instrument Type: The type of funding instrument selected by the Government is planned to be a
cooperative agreement. Cooperative agreements, unlike grants, involve substantial involvement in the
project by the government. Substantial involvement often includes but is not limited to:
1. Determination of the primary focus of the cooperative agreement including location(s) work is to
be performed;
2. Review and coordination of identified primary focus areas;
3. Reviewing, evaluating and approving project awards;
4. Granting access to and providing logistical support to DoW installations. The recipient will only
interact with the designated US Government personnel.
Award type and funding arrangements are at the discretion of the Government. Collaborations or sub-
awards with different entities are allowable. The Government reserves the right to accept only portions
of an application and to negotiate potential awards.
Award Information:
The number of awards and expected dollar value depends on the availability of funding and the
relevance of the projects proposed.
III. Eligibility Information
A. Eligible Applicants
Public and private agencies, organizations, institutions, and individuals are invited to apply. Offerors
must be registered in the System for Award Management (SAM) before submission of the application.
Information on SAM registration is available at https://www.sam.gov/portal/public/SAM. The offeror
must provide a valid unique entity identifier (UEI) on their application. The offeror must 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. WHS may
not make a Federal award to the offeror until the offeror has complied with all applicable unique entity
identifier and SAM requirements and, if an offeror has not fully complied with the requirements by the
time WHS is ready to make an award. Cooperative agreement recipients will be selected from a broad
range of eligible applicants in compliance with Executive Order 14332, Improving Oversight of Federal
Grant Making.
B. Cost Sharing or Matching
Cost sharing is not required but is encouraged.
C. Conflict of Interest: General Requirement for Disclosure
Within the white paper submissions, organizations must disclose any potential or actual scientific or
nonscientific conflict of interest(s). Organizations must also disclose any potential or actual conflict(s) of
interest for any identified sub-recipient included in the application.
Depending on the circumstances, the Government may request a conflict-of-interest mitigation plan.
Government approval is required for all mitigation plans. Offerors with conflicts of interest that are not
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mitigated will be ineligible for award.
D. Other
a) Licensure or Certification
Offerors must include the Acknowledgment of Support and Disclaimer on all materials
created or produced under these awards. This language may be found in the Terms and
Conditions included in the award documents.
i. Certifications, representations, and assurances
1. To apply for cooperative agreements and other funding opportunities the applicant entity
must have an active registration in the System for Award Management (SAM).
Applications will not be accepted unless the entity is registered in SAM.
2. The Federal Assistance Certifications Report is an attestation that the entity will abide by
the requirements of the various laws and regulations; therefore, as applicable, offerors are
required to submit any documentation, including the Standard Form (SF) - LLL
Disclosure of Lobbying Activities (if applicable), and inform DoW of unpaid delinquent
tax liability or a felony conviction under any Federal law.
Any attachment containing additional certifications should be prefaced by the following
statement:
“By checking “I Agree” on the SF-424 Block 21 you agree to abide by the following
statement: “By signing this application, I certify (1) to the statements contained in the
list of certifications and (2) that the statements herein are true, complete and accurate
to the best of my knowledge. I also provide the required assurances and agree to
comply with any resulting terms if I accept an award. I am aware that any false,
fictitious, or fraudulent statements or claims may subject me to criminal, civil, or
administrative penalties. (U.S. Code, Title 2, Section 1001)”
IV. Application and Submission Information
A. Submission Date and Time:
This notice will remain open to allow for rolling submission and review of proposals.
B. Application Procedures and Requirements
Organizations must have a Unique Entity Identifier (UEI) and active SAM registration.
The applicant shall submit their applications through grants.gov. See
https://www.grants.gov/web/grants/grantors/grantor-standard-language.html for information on
how to complete the application using Workspace on Grants.gov.
Read the instructions in https://www.grants.gov/web/grants/grantors/grantor-standard- language.html
about registering to apply for DoW funds. If the applicant experiences difficulties with their
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submission, Grants.gov provides support via the toll-free number 1-800- 518-4726 and email at
support@grants.gov.
Applicants will be selected from the stage one submissions to be invited by the Government to submit a
full technical application for evaluation and possible award consideration.
Applications will only be accepted if submitted through Grants.gov. Organizations must have a
Unique Entity Identifier (UEI), active System for Award Management (SAM) registration, and
Grants.gov account to apply for grants.
For questions, please contact:
• Michael Fanizzo Jr., email: Michael.j.fanizzo.civ@mail.mil
• Diane Clarke, email: diane.r.clarke.civ@mail.mil
• J. Kevin Hiers, email: john.k.hiers.civ@mail.mil
• Michael (Mike) Langston, email: mlangston@usgs.gov
• Andy Porth, email: Andrew.m.porth.civ@mail.mil
C. Application Withdrawal
An applicant may withdraw an application at any time before award by written notice. Notice of
withdrawal shall be sent to the grants officer identified in this announcement. Withdrawals are
effective upon receipt of notice by the grants officer.
D. Content and Form of Submission
Common formatting requirements across all submitted documents:
● Font shall be Times New Roman, 12 point
● Margins shall be 1 inch on all sides
● Paper size shall be 8 ½ by 11.
● Project narratives shall not exceed ten pages in length.
● Documentation submitted under this NFO are expected to be unclassified; classified applications
are not permitted.
● All documents must be submitted in PDF format.
● Pre-applications and proposals will be evaluated by Government personnel. Each reviewer is
required to sign a conflict-of-interest and confidentiality statement attesting that the reviewer has
no known conflicts of interest, and that application and evaluation information will not be
disclosed outside the evaluation panel. The names and affiliations of reviewers are not disclosed.
● All submissions will be protected from unauthorized disclosure in accordance with applicable
law and DoW regulations.
Marking Proprietary or Confidential Information
OSD and WHS/AD will make every effort to protect any proprietary information submitted in
project narratives and full applications. Any proprietary information included in application
materials must be identified. Prospective proposers should be aware, however, that under the
Freedom of Information Act (FOIA) requirements, proprietary information contained in project
narratives and applications (marked or unmarked) may still potentially be subject to release.
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It is the prospective applicants' responsibility to notify WHS/AD of applications containing
proprietary information and to identify the relevant portions of their applications that require
protection. The entire application (or portions thereof) without protective markings or otherwise
identified as requiring protection will be considered to be furnished voluntarily to WHS/AD
without restriction and will be treated as such for all purposes.
It is the intent of WHS/AD to treat all submissions as proprietary information before the award and to
disclose their contents to reviewers only for the purpose of evaluation.
E. Application Requirements/ Component-specific Requirements.
Project Narrative Preparation and Submission
All submissions shall be made through grants.gov. The following forms are identified in
grants.gov:
Submission Forms
SF424 Mandatory Form [V3.0]
Assurances for Non-Construction Programs (SF-424B - Mandatory)
[V1.1]
Budget Information for Non-Construction Programs (SF-424A) [V1.0]
Disclosure of Lobbying Activities (SF-LLL) [V2.0]
Project Abstract Summary [V2.0]
Project Narrative Attachment Form [V1.2]
Project Narrative Components
Submitted documentation should be in PDF format and include in a single document:
• A cover letter (optional), not to exceed one page. The cover letter does not count against the ten-
page limit.
• A cover page, labeled “APPLICATION,” that includes the NFO number, proposed project title,
and prospective applicant's technical point of contact with telephone number, and e-mail address.
The project narrative (ten-page limit, single-sided) must include:
• A project abstract summary. The project abstract should be appropriate for public release and
should describe the project in terms that the public would understand. The abstract should
summarize the project and specifically identify the principal investigator and offering institution;
problems and objectives; technical approaches and anticipated outcome.
• The project plan shall describe the proposed works, management, and project schedule and
milestones for the project in its entirety (including any options). It should also include a
proposed, estimated project ceiling cost (per year). The plan should also include:
• key personnel that will perform the work;
• associated cost breakdown by tasks;
• project schedule and milestones;
• anticipated sub-awards and contract requirements;
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• any other material details of the project.
The project plan should also describe the public purpose of the project, specifically describe how the
proposed work fulfills a public benefit beyond the needs of the Government. The public-benefits
statement is an important part of the evaluation and award process.
Unique Entity Identifier and System for Award Management
Several one-time actions must be completed in order to submit an application through Grants.gov.
These include obtaining a Dun and Bradstreet Data Universal Numbering System (DUNS) number,
registering with the System for Award Management (SAM), registering with the credential provider,
and registering with Grants.gov. See http://www.grants.gov/GetStarted.
The awardee shall use the Grants.gov organization Registration Checklist at
http://www.grants.gov/applicants/register_your_organization.jsp, which will provide guidance through
the process. Designating an E-Business Point of Contact (EBiz POC) and obtaining a special password
called “MPIN” are important steps in the SAM registration process. Applicants who are not registered
with SAM and Grant.gov should allow at least 21 days for completing these requirements. The process
should be started as soon as possible. Any questions relating to the registration process, system
requirement, how an application form works, or the submittal process must be directed to Grants.gov at
1-800-518-4726 or support@grants.gov. Successful Applicants not already registered in the System for
Award Management (SAM) will be required to register in SAM prior to award of any grant, or
cooperative agreement. Information on SAM registration is available at https://www.sam.gov.
Special Notice regarding a Waiver of Grants.gov submission requirement: If an Applicant is unable
to comply with the requirement to use Grants.gov, for submission of a grant application under this
NFO or finds it would be an excessive burden to comply with this requirement, a waiver request may
be submitted. Such request should be submitted by the Electronic Business Point of Contact listed in
the SAM for the organization and should contain the Organization/Individual’s name, address,
telephone number, and e-mail address. The request should state the reason for the request in sufficient
detail so a decision can be made. The Waiver Request should be submitted to the cognizant Contract
Specialist. Such request can be sent by e-mail or registered mail. A decision and response will be
issued within 14 calendar days of receipt of the request by the cognizant Contract Specialist. Foreign
Grantees who are not registered in SAM may request a waiver on that basis since SAM registration is
integral to the Grants.gov application process. If the waver is approved, DoW will provide a packet of
all required documents and submission instructions via e- mail or in hard copy via registered mail.
F. Funding Restrictions
Per 2 CFR § 200.216, funds may not be used to procure telecommunications equipment or video
surveillance services or equipment produced by:
• Huawei Technologies Company,
• ZTE Corporation,
• Hytera Communications Corporation,
• Hangzhou Hikvision Digital Technology Company,
• Dahua Technology Company, or
• Any subsidiary or affiliate of such entities.
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G. Other Submission Requirements and Information
Physical/facsimile delivery by the Applicant is not authorized and will not be accepted.
H. Amendments to Announcements
If this announcement is amended, then all terms and conditions, which are not amended, shall remain
unchanged. Applicants shall acknowledge receipt of any amendments to this NFO by:
i. identifying the amendment in its application, or by
ii. separate letter upon receipt of the amendment. The Government must receive the
acknowledgment by the date/time specified for receipt of applications.
I. Modifications, and Withdrawals of Applications
The announced Application due date and procedures for guaranteeing timely submission of
Applications shall also be applied to those Applicants submitting modifications to or withdrawals of
Applications.
J. Protests
The decision of the Grants Officer relative to any protest filed will be final unless the protester
appeals to the WHS/AD Competition Advocate:
Mr. David Kao
Deputy Director, WHS/AD
4800 Mark Center Drive, Suite 09F09
Alexandria, VA 22350
The Recipient(s) shall proceed diligently with preparation of its Application(s) or performance under
an award, pending final resolution of any request for relief, appeal, or action arising under the award,
and comply with any decision of the Grants Officer.
The applicant shall require that the language of this certification be included in the award documents
for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans,
and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, title 31, U.S.C. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Wide Area Workflow (WAWF)
Performers are required to submit invoices for payment directly at https://wawf.eb.mil. WAWF
registration is required prior to any award under this NFO.
V. Application Review Information
A. Selection Criteria
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Applications will be evaluated using the following criteria (the criteria are of equal importance):
• The relevance and impact of the proposed project on natural resources conservation and cultural
activities under 10 USC 2694. The scope of applicability, specifically how much of the DOW,
military bases, geographic regions, etc., is affected will also be considered.
• Any collaboration with other federal or state agencies, non-governmental organizations or
specific installation planners and the military services will also be considered. While there is no
cost-share requirement for the SERDP, ESTCP, REPI Program, or Legacy Program, cost-share or
leverage of other contributions is highly encouraged.
• Assessment of the reasonableness (2 CFR § 200.404) and allocable (2 CFR § 200.405) of the
cost.
• Elements identified in 32 CFR 22.415.
• Preference of award will be given to institutes with lower direct cost rates per EO 14332.
Rating Description
AOdjuetcsttaivnadli nRga tingsD emonstrates an outstanding approach to the technical merits of the proposed research
and development (R&D). Demonstrates an outstanding approach to the relationship
between the proposed R&D and the DoW mission. Demonstrates an outstanding
mitigation strategy for risks associated with the quality of the applicant's management
systems. Application is an outstanding demonstration of the applicant's vision,
experience and qualifications to administer and grow complex public-private
initiatives aimed at advancing the state of maintenance and sustainment. Risk of
unsuccessful performance is low.
Good Demonstrates a good approach to the technical merits of the proposed research and
development (R&D). Demonstrates a good approach to the relationship between the
proposed R&D and the DoW mission. Demonstrates a good mitigation strategy for
risks associated with the quality of the applicant's management systems. Application is
a good demonstration of the applicant's vision, experience and qualifications to
administer and grow complex public-private initiatives aimed at advancing the state of
maintenance and sustainment. Risk of unsuccessful performance is low to moderate.
Acceptable Demonstrates an acceptable approach to the technical merits of the proposed research
and development (R&D). Demonstrates an acceptable approach to the relationship
between the proposed R&D and the DoW mission. Demonstrates an acceptable
mitigation strategy for risks associated with the quality of the applicant's management
systems. Application is an acceptable demonstration of the applicant's vision,
experience and qualifications to administer and grow complex public-private
initiatives aimed at advancing the state of maintenance and sustainment. Risk of
unsuccessful performance is no worse than moderate.
Marginal Demonstrates an approach to the technical merits of the proposed research and
development (R&D). Demonstrates an approach to the relationship between the
proposed R&D and the DoW mission. Demonstrates a mitigation strategy for risks
associated with the quality of the applicant's management systems.
Application is a marginal demonstration of the applicant's vision, experience and
qualifications to administer and grow complex public-private initiatives aimed at
advancing the state of maintenance and sustainment. Risk of unsuccessful
performance is high. Application is unawardable.
Unacceptable Fails to demonstrate an approach to the technical merits of the proposed research and
development (R&D). Fails to demonstrate an approach to the relationship between the
proposed R&D and the DoW mission. Fails to demonstrate a mitigation strategy for
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risks associated with the quality of the applicant's management systems.
Application fails to demonstrate the applicant's vision, experience and
qualifications to administer and grow complex public-private initiatives aimed at
advancing the state of maintenance and sustainment. Risk of unsuccessful performance
is unacceptable. Application is unawardable.
B. Review and Selection Process:
The application will be reviewed based on the selection criteria above. The number of awards made and
their value depends on the funds available to SERDP, ESTCP, the REPI Program, and the Legacy
Program.
The applicant is advised that employees of commercial firms under contract to the Government may
be used to administratively process applications. By submitting an application, an applicant consents
to allowing access to its application(s) by support contractors. These support contracts include
nondisclosure agreements prohibiting their contractor employees from disclosing any information
submitted by applicants.
In addition to the technical/program review, the DoW conducts budget and risk reviews as directed
by 2 CFR 200.206, including a review of the Federal Awardee Performance and Integrity
Information System (FAPIIS). Applicants may review information in FAPIIS and comment on any
information entered into that system. Comments made by applicants will be taken into account in
addition to other information in considering applicants’ integrity, business ethics, and record of
performance.
At the time of application, there is no additional material to be submitted for this review. However, there
may be additional requests for clarification as these reviews progress.
C. Award Decision
The Government reserves the right to select for negotiation all, some, one, or none of the submission
received in response to this NFO and to make awards without discussions. Therefore, Applicant
Proposals should include the applicant’s best response to this announcement. However, the
Government reserves the right to conduct discussions if it is determined by the Grants Officer to be
necessary.
The Government reserves the right to request additional information once award has been determined.
The Government reserves the right to remove Applicants from award consideration should the parties
fail to reach agreement on award terms within a reasonable time or the Applicant fails to provide
requested additional information in a timely manner.
The Recipient(s) that has been deemed successful will receive a pre-award notice via e-mail from the
WHS/AD Grants Officer. The Government may initiate Cooperative Agreement negotiations when
deemed appropriate to do so. Unsuccessful applicants will also be notified via e-mail at that time.
Once a recipient of award is announced, the recipient of award only shall submit the required
information for electronic submission. The recipient of award shall use the Grants.gov website
(https://www.grants.gov). Recipient shall complete the mandatory forms in the application package
template associated with this NFO.
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Selected recipients must commit to complying with all requirements of Executive Order 14332,
Improving Oversight of Federal Grantmaking, regarding Gold Standard Science:
i. Applicants should commit to complying with administration policies, procedures, and
guidance respecting Gold Standard Science.
ii. Discretionary awards should include clear benchmarks for measuring success and progress
towards relevant goals and, as relevant for awards pertaining to scientific research, a
commitment to achieving Gold Standard Science.
VI. Federal Award Administration Information
A. FEDERAL AWARD NOTICES
Decisions are expected to be announced via email. Evaluations and awards will be made on a rolling
basis. After selection, the Program Office and the Grants Office may negotiate a Cooperative
Agreement with the selected Recipient(s). Applicants who do not receive an award are not entitled to a
debrief.
The notification email regarding a selection is not authorization to commit or expend DoW funds. A
DoW grants officer is the only person authorized to obligate and approve the use of Federal funds;
this authorization is conveyed in the form of a signed Notice of Award. If recommended, offerors
will be contacted by a DoW grants officer to discuss any additional information required for award.
This may include representations and certifications, revised budgets or budget explanations, or other
information as applicable to the proposed award. The award start date will be determined and
documented at that time.
Federal regulations, to include but not limited to 2 CFR Parts 200 and 1100 and 32 CFR Title 32, and
DoD 3210.6-R1, take precedence over all terms and conditions of Agreement awards.
B. NATIONAL POLICY REQUIREMENTS (NP)
NP Article I. Nondiscrimination national policy requirements. (September 2023)
Section A. Cross-cutting nondiscrimination requirements. By signing this award or accepting funds
under this award, you assure that you will comply with applicable provisions of the national policies
prohibiting discrimination:
1. On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), as implemented by DoW regulations at 32 CFR part 195.
2. On the basis of gender, blindness, or visual impairment, in Title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), as implemented by DoW regulations at 32 CFR part 196.
3. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), as
implemented by Department of Health and Human Services regulations at 45 CFR part 90.
4. On the basis of disability, in the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by
Department of Justice regulations at 28 CFR part 41 and DoW regulations at 32 CFR part 56.
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5. On the basis of disability in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) related
to physically handicapped persons’ ready access to, and use of, buildings and facilities for which
Federal funds are used in design, construction, or alteration.
Section B. [Reserved]
Appendix B to Part 1122—Terms and Conditions for NP Article II, “Environmental National
Policy Requirements”
NP Article II. Environmental national policy requirements. (January 2021)
Section A. Cross-cutting environmental requirements. You must:
1. You must comply with all applicable Federal environmental laws and regulations. The laws and
regulations identified in this section are not intended to be a complete list.
2. Comply with applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and Clean Water
Act (33 U.S.C. 1251, et seq.).
3. Comply with applicable provisions of the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4821-4846), as implemented by the Department of Housing and Urban Development at
24 CFR part 35. The requirements concern lead-based paint in buildings owned by the Federal
Government or housing receiving Federal assistance.
4. Immediately identify to us, as the Federal awarding agency, any potential impact that you find this
award may have on:
a. The quality of the “human environment”, as defined in 40 CFR 1508.14, including wetlands;
and provide any help we may need to comply with the National Environmental Policy Act
(NEPA, at 42 U.S.C. 4321 et seq.), the regulations at 40 CFR 1500-1508, and Executive
Order 12114, if applicable; and assist us to prepare Environmental Impact Statements or
other environmental documentation. In such cases, you may take no action that will have an
environmental impact (e.g., physical disturbance of a site such as breaking of ground) or
limit the choice of reasonable alternatives to the proposed action until we provide written
notification of Federal compliance with NEPA or Executive Order 12114.
b. Flood-prone areas and provide any help we may need to comply with the National Flood
Insurance Act of 1968, as amended by the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001 et seq.), which require flood insurance, when available, for federally assisted
construction or acquisition in flood-prone areas.
c. A land or water use or natural resource of a coastal zone that is part of a federally approved
State coastal zone management plan and provide any help we may need to comply with the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.) including preparation of a
Federal agency Coastal Consistency Determination.
d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes’ shores and provide help we
may need to comply with the Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.),
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concerning preservation of barrier resources.
e. Any existing or proposed component of the National Wild and Scenic Rivers system and
provide any help we may need to comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. 1271 et seq.).
f. Underground sources of drinking water in areas that have an aquifer that is the sole or
principal drinking water source and in wellhead protection areas and provide any help we
may need to comply with the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
5. You must comply fully with the Endangered Species Act of 1973, as amended (ESA, at 16
U.S.C. 1531 et seq.) and implementing regulations of the Departments of the Interior (50 CFR
parts 10-24) and Commerce (50 CFR parts 217-227). You also must provide any help we may
need in complying with the consultation requirements of ESA section 7 (16 U.S.C. 1536)
applicable to Federal agencies or any regulatory authorization we may need resulting from
performance under this award. This is not in lieu of responsibilities you have to comply with
provisions of the Act that apply directly to you as a U.S. entity, independent of receiving this
award.
6. You must fully comply with the Marine Mammal Protection Act of 1972, as amended (MMPA, at
16 U.S.C. 1361 et seq.) and provide any assistance we may need in obtaining any required MMPA
permit resulting from performance under this award.
Section B. [Reserved]
Appendix C to Part 1122—Terms and Conditions for NP Article III, “National Policy
Requirements Concerning Live Organisms”
NP Article III. National policy requirements concerning live organisms. (January 2021)
Section A. Cross-cutting requirements concerning live organisms.
1. Human subjects.
a. Institutions receiving DoW funds must protect the rights and welfare of individuals who
participate as human subjects in research under this award, complying with the requirements
at 32 CFR part 219, DoW Instruction (DoWI) 3216.02, and when applicable, Food and Drug
Administration (FDA) regulations.
b. Award recipients, to include sub-recipients, must not commence DoW-supported human
subject research (HSR), as defined in DoWI 3216.02, to include research with human data
and biological specimens, until a DoW Human Research Protection Official (HRPO) issues
formal approval.
c. The HRPO reviews documentation of planned HSR under the award for compliance with
applicable regulations and policies. Recipient institutions must provide sufficient documentation
to enable the HRPO assessment as follows:
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i. For research that is exempt or does not involve human subjects, the protocol documents
and institutional determination that the research is not HSR, or exempt HSR.
ii. For non-exempt research involving human subjects, the institution must provide:
(A) Current Assurance of Compliance (i.e., Department of Health and Human Services’
Office for Human Research Protections Federal-wide Assurance (FWA)) for all engaged
institutions;
(B) Current Institutional Review Board (IRB) registration number(s).
(C) Documentation that the DoW-supported HSR has been reviewed and approved by an
IRB, including scientific merit.
(D) Documentation of investigators’ human research protection training.
(E) IRB-approved protocol documents.
d. The HRPO retains final judgment on what activities constitute HSR, whether an exempt
category applies, whether the risk determination is appropriate, and whether the planned HSR
activities comply with the requirements in paragraph 1.a of this section.
e. Recipients must notify the HRPO promptly of the following:
i. IRB-approved changes to HSR that involve changes to key investigators or institutions;
substantive changes to the IRB’s risk-benefit assessment of the protocol; addition of
vulnerable populations or DoW- affiliated personnel as subjects;
ii. Transfer of HSR oversight to a different IRB;
iii. Notification by any federal body, State agency, official governing body of a Native
American or Alaskan native tribe, other entity, or foreign government that the non-DoW
institution’s DoW-supported HSR is under investigation;
iv. When the institution is notified by any Federal department or agency or national
organization that any part of its human research protection program is under
investigation for cause involving a DoW-supported research protocol;
v. Any problems involving risks to subjects or others, suspension or termination of IRB
approval, or any serious or continuing noncompliance pertaining to DoW-supported
HSR;
vi. The results of the IRB’s continuing review, if required;
vii. A DoW-supported study’s closure;
viii. Change in status when a previously enrolled human subject becomes a prisoner, and the
protocol was not reviewed and approved by the IRB in accordance with Subpart C,
Subpart 46 of Title 45, CFR and DoWI 3216.02.
f. Recipients must make records that document compliance or noncompliance with requirements
in paragraph 1.a accessible for inspection and copying, as determined by DoW human research
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protection personnel, by authorized DoW representatives.
DoW representatives may independently review and inspect research and research procedures
involving human subjects and based on such findings, DoW may prohibit research that presents
unacceptable hazards or otherwise fails to comply with DoW requirements.
2. Animals.
a. Prior to initiating any animal work under the award, you must:
i. Register your research, development, test, and evaluation or training facility with the
Secretary of Agriculture in accordance with 7 U.S.C. 2136 and 9 CFR section 2.30,
unless otherwise exempt from this requirement by meeting the conditions in 7 U.S.C.
2136 and 9 CFR parts 1-4 for the duration of the activity.
ii. Have your proposed animal use approved in accordance with DoW Instruction (DoWI)
3216.01, Use of Animals in DoW Programs by a DoW Component Headquarters Oversight
Office.
iii. Furnish evidence of such registration and approval to the grants officer.
b. You must make the animals on which the research is being conducted, and all premises,
facilities, vehicles, equipment, and records that support animal care and use available during
business hours and at other times mutually agreeable to you, the United States Department of
Agriculture Office of Animal and Plant Health Inspection Service (USDA/APHIS)
representative, personnel representing the DoW Component oversight offices, as well as the
grants officer, to ascertain that you are compliant with 7 U.S.C. 2131 et seq., 9 CFR parts 1-4,
and DoWI 3216.01.
c. Your care and use of animals must conform with the pertinent laws of the United States,
regulations of the USDA, and regulations, policies, and procedures of the DoW (see 7 U.S.C.
2131 et seq., 9 CFR parts 1-4, and DoWI 3216.01).
d. You must acquire animals in accordance with DoWI 3216.01.
3. Use of Remedies.
Section B. Failure to comply with the applicable requirements in paragraphs 1 and 2 of this section may
result in the DoW Component’s use of remedies, e.g., wholly or partially terminating or suspending the
award, temporarily withholding payment under the award pending correction of the deficiency or
disallowing all or part of the cost of the activity or action (including the Federal share and any required
cost sharing or matching) that is not in compliance. See OAR Article III.
Section C. [Reserved]
Appendix D to Part 1122—Terms and Conditions for NP Article IV, “Other National Policy
Requirements”
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NP Article IV. Other National Policy Requirements. (September 2021)
Section A. Cross-cutting requirements.
1. Debarment and suspension. You must comply with requirements regarding debarment and
suspension in Subpart C of 2 CFR part 180, as adopted by DoW at 2 CFR part 1125. This
includes requirements concerning your principals under this award, as well as requirements
concerning your procurement transactions and subawards that are implemented in PROC
Articles I through III and SUB Article II.
2. Drug-free workplace. You must comply with drug-free workplace requirements in Subpart B of 2
CFR part 182, which is the DoW implementation of 41 U.S.C. chapter 81, “Drug-Free Workplace.”
3. Lobbying.
a. You must comply with the restrictions on lobbying in 31 U.S.C. 1352, as implemented by DoW
at 32 CFR part 28, and submit all disclosures required by that statute and regulation.
b. You must comply with the prohibition in 18 U.S.C. 1913 on the use of Federal funds, absent
express Congressional authorization, to pay directly or indirectly for any service,
advertisement or other written matter, telephone communication, or other device intended to
influence at any time a Member of Congress or official of any government concerning any
legislation, law, policy, appropriation, or ratification.
c. If you are a nonprofit organization described in section 501(c)(4) of title 26, United States
Code (the Internal Revenue Code of 1968), you may not engage in lobbying activities as
defined in the Lobbying Disclosure Act of 1995 (2 U.S.C., chapter 26). If we determine that
you have engaged in lobbying activities, we will cease all payments to you under this and
other awards and terminate the awards unilaterally for material failure to comply with the
award terms and conditions.
4. Officials not to benefit. You must comply with the requirement that no member of Congress shall
be admitted to any share or part of this award, or to any benefit arising from it, in accordance with
41 U.S.C. 6306.
5. Hatch Act. If applicable, you must comply with the provisions of the Hatch Act (5 U.S.C. 1501-
1508) concerning political activities of certain State and local government employees, as
implemented by the Office of Personnel Management at 5 CFR part 151, which limits political
activity of employees or officers of State or local governments whose employment is connected
to an activity financed in whole or part with Federal funds.
6. Native American graves protection and repatriation. If you control or possess Native American
remains and associated funerary objects, you must comply with the requirements of 43 CFR part
10, the Department of the Interior implementation of the Native American Graves Protection and
Repatriation Act of 1990 (25 U.S.C., chapter 32). Unless award-specific terms and conditions or
the DoW Component addendum to these terms and conditions say otherwise, this Native
American graves requirement does not apply to a recipient that is a foreign organization or
foreign public entity. Recipients are not required to flow down the Native American Graves
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provision to a subrecipient that is a foreign organization or foreign public entity.
7. Fly America Act. You must comply with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. 40118), commonly referred to as the “Fly America Act,” and
implementing regulations at 41 CFR 301-10.131 through 301-10.143. The law and regulations
require that U.S. Government financed international air travel of passengers and transportation
of personal effects or property must use a U.S. Flag air carrier or be performed under a cost-
sharing arrangement with a U.S. carrier, if such service is available.
8. Use of United States-flag vessels. You must comply with the following requirements of the
Department of Transportation at 46 CFR 381.7, in regulations implementing the Cargo
Preference Act of 1954:
a. Pursuant to Public Law 83-664 (46 U.S.C. 55305), at least 50 percent of any equipment,
materials 91 or commodities procured, contracted for or otherwise obtained with funds under
this award, and which may be transported by ocean vessel, must be transported on privately
owned United States flag commercial vessels, if available.
b. Within 20 days following the date of loading for shipments originating within the United States
or within 30 working days following the date of loading for shipments originating outside the
United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English
for each shipment of cargo described in paragraph 8.a of this section must be furnished to both
our award administrator (through you in the case of your contractor’s bill-of-lading) and to the
Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590.
9. Research misconduct. You must comply with requirements concerning research misconduct in
Enclosure 4 to DoW Instruction 3210.7, “Research Integrity and Misconduct.” The Instruction
implements the Governmentwide research misconduct policy that the Office of Science and
Technology Policy published in the Federal Register (65 FR 76260, December 6, 2000, available
through the U.S. Government Printing Office web site:
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/321007p.pdf.
10. Requirements for an Institution of Higher Education Concerning Military Recruiters and Reserve
Officers Training Corps (ROTC).
a. As a condition for receiving funds available to the DoW under this award, you agree that you
are not an institution of higher education (as defined in 32 CFR part 216) that has a policy or
practice that either prohibits, or in effect prevents:
i. The Secretary of a Military Department from maintaining, establishing, or operating a unit of
the Senior Reserve Officers Training Corps (ROTC)—-in accordance with 10 U.S.C. 654
and other applicable Federal laws—-at that institution (or any sub element of that
institution);
ii. Any student at that institution (or any sub element of that institution) from enrolling in a unit
of the Senior ROTC at another institution of higher education.
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iii. The Secretary of a Military Department or Secretary of Homeland Security from gaining
access to campuses, or access to students (who are 17 years of age or older) on campuses, for
purposes of military recruiting in a manner that is at least equal in quality and scope to the
access to campuses and to students that is provided to any other employer; or
iv. Access by military recruiters for purposes of military recruiting to the names of students
(who are 17 years of age or older and enrolled at that institution or any sub element of
that institution); their addresses, telephone listings, dates and places of birth, levels of
education, academic majors, and degrees received; and the most recent educational
institutions in which they were enrolled.
b. If you are determined, using the procedures in 32 CFR part 216, to be such an institution of
higher 92 education during the period of performance of this award, we:
i. Will cease all payments to you of DoW funds under this award and all other DoW grants and
cooperative agreements; and
ii. May suspend or terminate those awards unilaterally for material failure to comply with the
award terms and conditions.
c. Unless award-specific terms and conditions or the DoW Component addendum to these terms
and conditions say otherwise, this ROTC provision does not apply to a recipient that is a
foreign organization or foreign public entity. Recipients are not required to flow down this
ROTC provision to a subrecipient that is a foreign organization or foreign public entity.
11. Historic preservation. You must identify to us any:
a. Property listed or eligible for listing on the National Register of Historic Places that will be
affected by this award, and provide any help we may need, with respect to this award, to
comply with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.
306108), as implemented by the Advisory Council on Historic Preservation regulations at 36
CFR part 800 and Executive Order 11593, “Identification and Protection of Historic
Properties,” [3 CFR, 1971- 1975 Comp., p. 559]. Impacts to historical properties are included
in the definition of “human environment” that require impact assessment under NEPA (See
NP Article II, Section A).
b. Potential under this award for irreparable loss or destruction of significant scientific,
prehistorical, historical, or archeological data, and provide any help we may need, with respect to
this award, to comply with the Archaeological and Historic Preservation Act of 1974 (54 U.S.C.
chapter 3125).
12. Relocation and real property acquisition. You must comply with applicable provisions of 49
CFR part 24, which implements the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.) and provides for fair and equitable
treatment of persons displaced by federally assisted programs or persons whose property is
acquired as a result of such programs.
13. Confidentiality of patient records. You must keep confidential any records that you maintain of the
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identity, diagnosis, prognosis, or treatment of any patient in connection with any program or activity
relating to substance abuse education, prevention, training, treatment, or rehabilitation that is
assisted directly or indirectly under this award, in accordance with 42 U.S.C. 290dd-2.
14. Pro-Children Act. You must comply with applicable restrictions in the Pro-Children Act of 1994 (Title 20,
Chapter 68, subchapter X, Part B of the U.S. Code) on smoking in any indoor facility:
a. Constructed, operated, or maintained under this award and used for routine or regular provision
of kindergarten, elementary, or secondary education or library services to children under the age
of 18.
b. Owned, leased, or contracted for and used under this award for the routine provision of
federally 93 funded health care, day care, or early childhood development (Head Start)
services to children under the age of 18.
15. Constitution Day. You must comply with Public Law 108-447, Div. J, Title I, section 111 (36 U.S.C.
106 note), which requires each educational institution receiving Federal funds in a Federal fiscal year
to hold an educational program on the United States Constitution on September 17th during that year
for the students served by the educational institution.
Unless award-specific terms and conditions or the DoW Component addendum to these terms
and conditions say otherwise, this Constitution Day provision does not apply to a recipient that is
a foreign organization or foreign public entity. Recipients are not required to flow down the
Constitution Day provision to a subrecipient that is a foreign organization or foreign public
entity.
16. Trafficking in persons. You must comply with requirements concerning trafficking in persons
specified in the award term at 2 CFR 175.15(b), as applicable.
17. Whistleblower protections. You must comply with 10 U.S.C. 2409, including the:
a. Prohibition on reprisals against employees disclosing certain types of information to specified
persons or bodies; and
b. Requirement to notify your employees in writing, in the predominant native language of the
workforce, of their rights and protections under that statute.
18. Section 889 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019
(Public Law 115-232) prohibits the head of an executive agency from obligating or expending
loan or grant funds to procure or obtain, extend, or renew a contract to procure or obtain, or enter
into a contract (or extend or renew a contract) to procure or obtain the equipment, services, or
systems prohibited systems as identified in section 889 of the NDAA for FY 2019.
a. In accordance with 2 CFR 200.216 and 200.471, all awards that are issued on or after August
13, 2020, recipients and subrecipients are prohibited from obligating or expending loan or
grant funds to:
i. Procure or obtain;
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ii. Extend or renew a contract to procure or obtain; or
iii. Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities).
(A) 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).
(B) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(C) Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of War, in consultation with the Director of the 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 government of a
covered foreign country.
b. In implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall
prioritize available funding and technical support to assist affected businesses, institutions and
organizations as is reasonably necessary for those affected entities to transition from covered
communications equipment and services, to procure replacement equipment and services, and
to ensure that communications service to users and customers is sustained.
c. See Public Law 115-232, section 889 for additional information.
COVERED FOREIGN COUNTRY means the People’s Republic of China.
TELECOMMUNICATIONS COST means the cost of using communication and telephony technologies
such as mobile phones, land lines, and internet.
19. Do Not Contract with the Enemy (2 CFR 183) – RESERVED
20. Disclosure Requirements for Recipients of Department of War Research and Development
Funds.
a. Except at provided in subsection (b) and (c), an individual or entity (including a State or
local government) that uses funds received from the Department of War to carry out
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research or development activities shall include, in any public document pertaining to
such activities, a clear statement indicating the dollar amount of the funds received from
the Department for such activities.
b. Exception. The disclosure requirement under subsection (a) shall not apply to a public
document consisting of fewer than 280 characters.
c. Waiver. The Secretary of War may waive the disclosure requirement under subsection (a)
on a case-by-case basis.
d. Public Document Defined. In this section, the term public document means any
document or other written statement made available for public reference or use,
regardless of whether such document or statement is made available in hard copy or
electronic format.
21. Disclosure of Funding Sources in Applications for Federal Research and Development Award
(42 USC 6605).
a. Each Federal research agency shall require, as part of any application for a research and
development award from such agency, that each covered individual listed on the
application:
i. disclose the amount, type, and source of all current and pending research support
received by, or expected to be received by, the individual as of the time of the
disclosure;
ii. certify that the disclosure is current, accurate, and complete; and
iii. agree to update such disclosure at the request of the agency prior to the award of
support and at any subsequent time the agency determines appropriate during the
term of the award; and:
(A) that any entity applying for such award certify that each covered individual
who is employed by the entity and listed on the application has been made
aware of the requirements under paragraph (a).
b. Definitions.
i. In this section the term covered individual means an individual who:
(A) contributes in a substantive, meaningful way to the scientific development or
execution of a research and development project proposed to be carried out
with a research and development award from a Federal research agency and
(B) is designated as a covered individual by the Federal research agency
concerned.
ii. In this section the term current and pending research support means:
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(A) all resources made available, or expected to be made available, to an
individual in support of the individual’s research and development efforts,
regardless of:
a. whether the source of the resource is foreign or domestic;
b. whether the resource is made available through the entity applying
for a research and development award or directly to the individual;
or
c. whether the resource has monetary value; and 96
d. includes in-kind contributions requiring a commitment of time and
directly supporting the individual’s research and development
efforts, such as the provision of office or laboratory space,
equipment, supplies, employees, or students.
iii. In this section the term the term entity means:
(A) an entity that has applied for or received a research and development award
from a Federal research agency.
iv. iv. In this section the term Federal research agency means:
(A) any Federal agency with an annual extramural research expenditure of over
$100,000,000.
v. In this section the term “research and development award” means:
(A) support provided to an individual or entity by a Federal research agency to
carry out research and development activities, which may include:
a. support in the form of a grant, contract, cooperative agreement, or
other such transaction.
(B) The term does not include a grant, contract, agreement or other transaction for
the procurement of goods or services to meet the administrative needs of a
Federal research agency.
22. Prohibiting Funding with Institutes of Higher Education Hosting Confucius Institutes.
a. Section 1062 of the NDAA for FY 2021 (Public Law 116-283), as amended by section
1044 of the NDAA for FY 2024, prohibits the Department from providing any funding
(other than direct funding to students as educational assistance) to an institution of higher
education in the United States that hosts a Confucius Institute. A Confucius Institute is
defined as (A) any program that receives funding or support from (i) the Chinese
International Education Foundation; or (ii) the Center for Language Exchange
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Cooperation of the Ministry of Education of the People’s Republic of China; or (B) any
cultural institute funded by the Government of the People’s Republic of China.
b. Recipient organizations that are institutions of higher education located in the United
States are prohibited from hosting Confucius Institutes, as defined above, unless the
institution of higher education has been issued a waiver from the section 1062 prohibition
by the Secretary of War.
Section B. Additional requirements.
1. Prohibition on Using Funds under Grants and Cooperative Agreements with Entities that
Require Certain Internal Confidentiality Agreements.
a. You may not require your employees, contractors, or subrecipients seeking to report
fraud, waste, or abuse to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting them from lawfully reporting that waste,
fraud, or abuse to a designated investigative or law enforcement representative of a
federal department or agency authorized to receive such information.
b. You must notify your employees, contractors, and subrecipients that the prohibitions and
restrictions of any internal confidentiality agreements inconsistent with paragraph a. of
this award provision are no longer in effect.
c. The prohibition in paragraph 1.a. of this section does not contravene requirements
applicable to Standard Form 312, Form 4414, or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
d. If the Federal Government determines that you are not in compliance with this award
provision, it:
i. Will prohibit your use of funds under this award, in accordance with section 743
of Division E of the Consolidated and Further Continuing Resolution
Appropriations Act, 2015, (Public Law 113-235) or any successor provision of
law; and
ii. May pursue other remedies available for your material failure to comply with
award terms and conditions.
VII. Reporting Requirements
1. Financial and Performance Reporting: reporting shall vary based on the details of the project;
however, all reporting shall compare marginal performance progress with the corresponding
financial outlays.
3. Presentation of Findings: varies by project and specified deliverables.
4. Property Reports: only as applicable to proposed projects. Under 2 CFR 200, the recipient shall
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submit annual inventory listing to all equipment in excess of $5,000 acquired under this grant.
5. Document submission: All reporting requirements above shall be sent via email to the
Government Technical Program Point of Contact.
Awardees will need to comply with the reporting requirements in 2 CFR 170: Reporting Sub-award and
Executive Compensation Information.
The terms and conditions of the award will provide the specifics on how to submit the reports and
any required sections for those reports.
VIII. Other Administrative Requirements
Award recipients must provide assurances and certifications on all applicable compliance
requirements. Any awards resulting from this NFO will be subject to the national policy requirements
of assistance awards, such as Debarment and Suspension, Drug Free Workplace, Lobbying, Hatch
Act, etc. Award recipients must also assure compliance with applicable Executive Orders, including
EO 14332, Improving Oversight of Federal Grantmaking.
IX. Federal Contacts
Questions regarding program policy, program content, or technical issues should be directed to the
DoW Program Technical Point of Contact:
J. Kevin Hiers, Program Manager OUSD(A&S)/ODASD(ERO), SERDP and
ESTCP Program Office: 202-760-5237; email: john.k.hiers.civ@mail.mil
Michael (Mike) Langston, Program Manager OUSD(A&S)/ODASD(E&ER),
DoW Legacy Resource Management Program Office: 405-290-8348
Email: mlangston@usgs.gov
Sarah B. Wasko, Program Support Contractor OUSD(A&S)
SERDP & ESTCP Program Office: 703-610-2703
Email: sarah.r.barlow.ctr@mail.mil
Marwa Rafiq, Program Support Contractor
OUSD(A&S) DoW Legacy Resource Management Program
Office: 571-342-2802
Email: marwa.m.rafiq.ctr@mail.mil
McKenna McMahon, Program Support Contractor
OUSD(A&S) DoW Legacy Resource Management Program
Office: 850-866-8559
Email: mckenna.n.mcmahon.ctr@mail.mil
Andy Porth, REPI Director of Projects and Resources OUSW(A&S)/ODASW(EM&R),
REPI Program Office
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Phone: 703-614-6523
Email: Andrew.m.porth.civ@mail.mil
Questions regarding administrative problems or grant administration should be directed to these DoW
Grants Officers:
Michael Fanizzo, Grants Officer
Washington Headquarter Services, Acquisition Directorate
Email: michael.j.fanizzo.civ@mail.mil
Diane Clarke, Grants Specialist
Washington Headquarter Services, Acquisition Directorate
Email: diane.r.clarke.civ@mail.mil
X. Other Information
The Federal government is not obligated to make any Federal award as a result of the announcement.
Only Grants Officers can bind the Federal government to the expenditure of fund.
This is provided for your information only. The terms & conditions will be negotiated with the selected
recipient prior to award of the cooperative agreement.
1. The Grants Office
Only a warranted WHS/AD Grants Officer may bind the Government. A pre-award notice
that a proposal was successful neither obligates the Government to make an award nor
commits the Government to reimburse any pre-award costs incurred in the anticipation of an
award. This NFO does not authorize pre-award costs however, as part of negotiations with
applicants, the Government may approve pre-award costs.
2. Federal Statutes
Federal statutes take precedence over all terms and conditions of awards.
3. Retention and Examination of Records
Retention and access requirements for records shall be as set out at 32 CFR 200.334-200.338 for
the award.
4. Modification of Agreement
The only method by which the Agreement can be modified is through formal, written
modification, signed by either the Grants Officer or the Administrative Grants Officer. No
other communications, whether oral or in writing, shall be binding on the parties.
5. Code of Conduct
Applicants for grants, cooperative agreements, or other transaction agreements as
applicable are required to comply with 2 CFR 200.318(c), Conflicts of interest, to prevent
real or apparent conflicts of interest in the award and administration of any contracts
supported by federal funds. This provision will be incorporated into all assistance
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instruments awarded under this NFO.
6. Reporting Executive Compensation and First-Tier Subawards
The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282),
as amended by Section 6202 of Public Law 110-252, requires that all agencies establish
requirements for recipients reporting information on subawards and executive total
compensation. All awardees agree to comply with the accompanying regulations at 2 CFR
Part 170. Any U.S. Institutions of Higher Education that applies for financial assistance
(either grants, cooperative agreements or other transaction agreements) as either a prime or
sub- recipient under this NFO must provide information in its proposal that describes the
necessary processes and systems in place to comply with the reporting requirements
identified in 2 CFR Part 170.
7. NDAA Section 889 Compliance
See Section 18 of the National Policy Article IV. Other national policy requirements.
(September 2020) Section A. Cross-cutting requirements, of the DoD R&D General Terms
and Conditions September 2021.
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Appendix I: Department of War Mission Priority Species
Alligator Snapping Turtle (PR T), Macrochelys temminckii
Bachman's Sparrow, Peucaea aestivalis
Bendire's Thrasher, Toxostoma bendirei
Blanding's Turtle (UR), Emydoidea blandingii
Burrowing Owl, Athene cunicularia
California least tern (E), Sterna antillarum browni
Cerulean Warbler, Setophaga cerulea
Desert tortoise (T), Gopherus agassizii
Eastern Diamond-backed Rattlesnake (UR), Crotalus adamanteus
Eastern indigo snake (T), Drymarchon couperi
Fragile tree snail, Samoana fragilis
Golden-cheeked warbler (E), Setophaga chrysoparia
Golden-winged Warbler (UR), Vermivora chrysoptera
Gopher Frog (UR), Lithobates capito
Gopher Tortoise (T - Western DPS), Gopherus polyphemus
Greater Prairie-Chicken, Tympanuchus cupido
Greater Sage-Grouse, Centrocercus urophasianus
Guam orchid (T), Tuberolabium guamense
Guam tree snail (E), Partula radiolata
Hawaiian stilt (E->PR T), Himantopus mexicanus knudseni
Henslow's Sparrow, Ammodramus henslowii
Humped tree snail (E), Partula gibba
Indiana Bat (E), Myotis sodalis
Inyo California towhee (T), Pipilo crissalis eremophilus
Least Bell's vireo (E), Vireo bellii pusillus
Least Tern (Atlantic Coast Population), Sternula antillarum
Little Brown Bat (UR), Myotis lucifugus
Marbled murrelet (T), Brachyramphus marmoratus
Mazama pocket gopher (T), Thomomys mazama
Monarch Butterfly (C), Danaus plexippus
Mountain Plover, Charadrius montanus
Northern Long-eared Bat (E), Myotis septentrionalis
Northern Bobwhite, Colinus virginianus
Northern Red-bellied Cooter (UR), Pseudemys rubriventris
Okaloosa darter (T -> Proposed Delisting), Etheostoma okaloosae
Pinyon Jay (UR), Gymnorhinus cyanocephalus
Red-cockaded woodpecker (E -> PR T), Picoides borealis
Rusty Blackbird, Euphagus carolinus
San Clemente Bell's sparrow (Delisted due to recoveryArtemisiospiza belli clementeae
San Clemente Island bush mallow (Delisted due to recovery), Malacothamnus clementinus
San Clemente Island larkspur (Delisted due to recovery), Delphinium variegatum ssp. kinkiense
San Clemente Island lotus (Delisted due to recovery), Acmispon dendroideus var. traskiae
San Clemente Island paintbrush (Delisted due to recovery ), Castilleja grisea
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Sonoran pronghorn (E), Antilocapra americana sonoriensis
Southeastern American Kestrel, Falco sparverius paulus
Southern Hog-nosed Snake, Heterodon simus
Spotted Turtle (UR), Clemmys guttata
Stephens' kangaroo rat (T), Dipodomys stephensi
Streaked horned lark (T), Eremophila alpestris strigata
Taylor's checkerspot butterfly (E), Euphydryas editha taylori
Tri-Colored Bat (PR E), Perimyotis subflavus
Tricolored Blackbird, Agelaius tricolor
Western Pond Turtle (UR), Actinemys marmorata pallida
Western Spadefoot (UR), Spea hammondii
Wood Turtle (UR), Glyptemys insculpta
Key:
• E - Endangered
• T- Threatened
• PR - Proposed
• UR - Under Review
• C - Candidate
• DPS - Distinct Population Segment
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