Fiscal Year 2024 & 2025 Building Resilient Infrastructure and Communities (BRIC)

FY_2024&2025_BRIC_NOFO_Final.pdf

The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year 2024 & 2025 Building Resilient Infrastructure and Communities
(BRIC)
Fraud, waste, abuse, mismanagement, and other criminal or noncriminal misconduct related to
this program may be reported to the Office of Inspector General (OIG) Hotline. The toll-free
numbers to call are 1 (800) 323-8603 and TTY 1 (844) 889-4357.
Contents
1. Basic Information...................................................................................................................... 4
A. Agency Name ............................................................................................................................. 4
B. NOFO Title ................................................................................................................................ 4
C. Announcement Type .................................................................................................................. 4
D. Funding Opportunity Number .................................................................................................... 4
E. Assistance Listing Number ........................................................................................................ 4
F. Expected Total Funding ............................................................................................................. 4
G. Anticipated Number of Awards ................................................................................................. 6
H. Expected Award Range ............................................................................................................. 6
I. Projected Application Start Date ................................................................................................. 6
J. Projected Application End Date.................................................................................................. 6
K. Anticipated Funding Selection Date .......................................................................................... 7
L. Anticipated Award Date ............................................................................................................. 7
M. Projected Period of Performance Start Date ............................................................................. 7
N. Projected Period of Performance End Date ............................................................................... 7
O. Executive Summary ................................................................................................................... 7
P. Agency Contact .......................................................................................................................... 7
2. Eligibility .................................................................................................................................... 9
A. Eligible Entities/Entity Types .................................................................................................... 9
B. Project Type Eligibility ............................................................................................................ 10
C. Requirements for Personnel, Partners, and Other Parties ........................................................ 11
D. Maximum Number of Applications ......................................................................................... 11
E. Additional Restrictions ............................................................................................................. 11
F. References for Eligibility Factors within the NOFO ................................................................ 11
G. Cost Sharing Requirement ....................................................................................................... 11
H. Cost Share Description, Type and Restrictions ....................................................................... 12
I. Cost Sharing Calculation Example............................................................................................ 13
J. Required information for verifying Cost Share ........................................................................ 13
3. Program Description .............................................................................................................. 14
A. Background, Program Purpose, and Program History .......................................................... 14
B. Goals and Objectives ............................................................................................................. 14
C. Program Rationale ................................................................................................................. 15
D. Federal Assistance Type ........................................................................................................ 15
E. Performance Measures and Targets....................................................................................... 15
F. Program-Specific Unallowable Costs ................................................................................... 15
1 | P age

---

G. General Funding Requirements ............................................................................................. 16
H. Indirect Costs (Facilities and Administrative Costs) ............................................................. 16
I. Management Costs ................................................................................................................ 16
J. Pre-Award Costs .................................................................................................................... 18
K. Beneficiary Eligibility ........................................................................................................... 18
L. Participant Eligibility ............................................................................................................ 18
1. Applicant Eligibility Criteria ................................................................................................. 18
2. Subrecipient Eligibility .......................................................................................................... 19
3. Other Eligibility Criteria/Restrictions ................................................................................... 19
a. Environmentally Friendly Measures ..................................................................................... 19
b. Future Conditions .................................................................................................................. 19
c. Specific Community Identification ....................................................................................... 20
d. Additional Criteria ................................................................................................................. 20
M. Authorizing Authority ........................................................................................................... 21
N. Appropriation Authority ........................................................................................................ 21
O. Budget Period ........................................................................................................................ 21
P. Prohibition on Covered Equipment or Services .................................................................... 21
4. Application Contents and Format ......................................................................................... 22
A. Pre-Application, Letter of Intent, and Whitepapers .............................................................. 22
B. Application Content and Format ........................................................................................... 22
C. Application Components ....................................................................................................... 22
D. Program-Specific Required Documents and Information ..................................................... 22
5. Submission Requirements and Deadlines ............................................................................. 24
A. Address to Request Application Package .............................................................................. 24
B. Application Deadline ............................................................................................................. 27
C. Pre-Application Requirements Deadline ............................................................................... 27
D. Post-Application Requirements Deadline ............................................................................. 27
E. Effects of Missing the Deadline ............................................................................................ 27
6. Intergovernmental Review ..................................................................................................... 28
A. Requirement Description and State Single Point of Contact................................................. 28
7. Application Review Information ........................................................................................... 28
A. Threshold Criteria .................................................................................................................. 28
B. Application Criteria ............................................................................................................... 28
1. Evaluation Criteria for the National Competition ................................................................. 28
C. Financial Integrity Criteria .................................................................................................... 31
D. Supplemental Financial Integrity Criteria and Review ......................................................... 32
E. Reviewers and Reviewer Selection ....................................................................................... 32
F. Merit Review Process ............................................................................................................ 32
1. State/Territory Allocation ...................................................................................................... 32
2. Tribal Set-Aside .................................................................................................................... 32
3. State/Territory Building Code Plus-Up ................................................................................. 33
4. Tribal Building Code Plus-Up ............................................................................................... 33
5. National Competition ............................................................................................................ 33
G. Final Selection ....................................................................................................................... 34
H. Appeals .................................................................................................................................. 34
8. Award Notices ......................................................................................................................... 35
2 | P age

---

A. Notice of Award .................................................................................................................... 35
B. Pass-Through Requirements .................................................................................................. 35
Not applicable ............................................................................................................................... 35
C. Note Regarding Pre-Award Costs ......................................................................................... 35
D. Obligation of Funds ............................................................................................................... 35
E. Notification to Unsuccessful Applicants ............................................................................... 35
9. Post-Award Requirements and Administration .................................................................. 35
A. Administrative and National Policy Requirements ............................................................... 35
B. DHS Standard Terms and Conditions ................................................................................... 36
C. Financial Reporting Requirements ........................................................................................ 37
D. Programmatic Performance Reporting Requirements ........................................................... 37
E. Closeout Reporting Requirements ......................................................................................... 38
F. Disclosing Information per 2 C.F.R. § 180.335 .................................................................... 39
G. Reporting of Matters Related to Recipient Integrity and Performance ................................. 39
H. Single Audit Report ............................................................................................................... 39
I. Monitoring and Oversight ..................................................................................................... 39
J. Program Evaluation ............................................................................................................... 40
K. Additional Performance Reporting Requirements ................................................................ 40
L. Termination of Federal Award .............................................................................................. 40
M. Best Practices ........................................................................................................................ 42
N. Payment Information ............................................................................................................. 42
O. Immigration Conditions ........................................................................................................ 44
10. Other Information ................................................................................................................ 45
A. Period of Performance Extension Requests .......................................................................... 45
B. Other Information ............................................................................................................... 45
1. Abbreviations ............................................................................................................ 54
2. Resources ................................................................................................................... 54
3 | P age

---

1. Basic Information
A. Agency Name U.S. Department of Homeland Security (DHS), Federal Emergency
Management Agency (FEMA), Resilience, Hazard Mitigation
Directorate, Hazard Mitigation Assistance Division (HMA)
B. NOFO Title Building Resilient Infrastructure and Communities
C. Announcement Initial
Type
D. Funding DHS-25-MT-047-00-98
Opportunity Number
E. Assistance Listing 97.047
Number
F. Expected Total Available Funding for the NOFO: $1,000,000,000
Funding
• State/Territory Allocation Subtotal: $112,000,000
• Tribal Set-Aside Subtotal: $50,000,000
• State/Territory Building Code Plus-Up Subtotal: $56,000,000
• Tribal Building Code Plus-Up Subtotal: $25,000,000
• National Competition Subtotal: $757,000,000
An applicant may not receive more than 15% of the total available
funding announced in this funding opportunity. The 15% cap will
include the combined total of all funding category requests (i.e.,
Management Costs, State/Territory Allocation, Tribal Set-Aside,
Building Code Plus-Up and National Competition).
State/Territory Maximum Allocation & Activity Caps: $2,000,000
• The maximum allocation for a state or territory under this
category is $2,000,000, covering all activities/projects,
including management costs.
• Each state/territory may apply for up to $2,000,000 in the
State/Territory Allocation. The State/Territory Allocation may
be used for capability- and capacity-building activities that are
directly tied to infrastructure, such as building code adoption
and enforcement and/or hazard mitigation projects. Hazard
Mitigation Plan development or updates, and other project
scoping activities not directly supporting infrastructure are not
eligible.
• The combined cost for all eligible activities under the
State/Territory Allocation must not exceed $2,000,000 federal
cost share per applicant. Additionally, the applicant’s highest
ranked subapplication for the State/Territory Allocation must
not exceed $2,000,000 federal cost share.
• Up to 10% of any subapplication may be used for information
dissemination activities, including public awareness and
education (brochures, workshops, videos, etc.) only if these
4 | P age

---

activities are directly related to an eligible infrastructure
project or building code activity.
Tribal Set-Aside Activity Caps $50,000,000
• The combined cost for capability- and capacity-building
activities under the Tribal Set-Aside must not exceed
$2,000,000 federal cost share per applicant. Additionally, the
applicant’s highest ranked subapplication for the Tribal Set-
Aside must not exceed $2,000,000 federal cost share.
• Up to 10% of any subapplication may be used for information
dissemination activities, including public awareness and
education (brochures, workshops, videos, etc.) only if these
activities are directly related to an eligible infrastructure
project or building code activity.
• In the event that more than $50,000,000 in subapplications is
submitted under the Tribal Set-Aside, the capability- and
capacity-building activities and highest-ranked hazard
mitigation project subapplications up to $50,000,000 will be
selected. Once the $50,000,000 is selected, all remaining tribal
hazard mitigation project subapplications will be evaluated
under the National Competition.
State/Territory Building Code Plus-Up $1,000,000
• The maximum allocation for a state or territory under this
category is $1,000,000, to carry out eligible building code
adoption and enforcement activities such as
o Evaluate adoption and/or implementation of codes that
reduce risk
o Enhance existing adopted codes to incorporate more
current requirements or higher standards (excluding
construction)
o Develop professional workforce capabilities relating to
building codes through technical assistance and training
• Activities under this category should enable the adoption and
enforcement of current or next most recent hazard-resistant
consensus-based model building codes such as the
International Building Code (IBC) and the International
Residential Code (IRC) published by the International Code
Council (ICC), either through Mandatory State-Wide or
Territory Building Code Adoption Requirement or via Local
Code Adoption Requirement (2021 or 2024 versions of IBC
and IRC). For any consensus-based codes, specifications or
standards used to carry out these activities, the two most
recently published editions may be used.
• Building Code Plus-Up funds may only be applied to eligible
building code activities and may not be used for other BRIC
5 | P age

---

eligible projects or activities. Funds not allocated to eligible
building codes activities will result in loss of funds.
Tribal Building Code Plus-Up $25,000,000
• The maximum total selection for the Tribal Building Code
Plus-Up is $25,000,000, to carry out eligible building code
adoption and enforcement activities such as
o Evaluate adoption and/or implementation of codes that
reduce risk
o Enhance existing adopted codes to incorporate more
current requirements or higher standards (excluding
construction)
o Develop professional workforce capabilities relating to
building codes through technical assistance and training
• Activities under this category should enable the adoption and
enforcement of current or next most recent hazard-resistant
consensus-based model building codes such as the
International Building Code (IBC) and the International
Residential Code (IRC) published by the International Code
Council (ICC), either through Mandatory State-Wide or
Territory Building Code Adoption Requirement or via Local
Code Adoption Requirement (2021 or 2024 versions of IBC
and IRC). For any consensus-based codes, specifications or
standards used to carry out these activities, the two most
recently published editions may be used.
• Building Code Plus-Up funds may only be applied to eligible
building code activities and may not be used for other BRIC
eligible projects or activities. Funds not allocated to eligible
building codes activities will result in loss of funds.
National Competition Cap $20,000,000
Applicants may submit an unlimited number of hazard mitigation
project subapplications, each valued up to $20,000,000 federal share,
to the National Competition. FEMA will commit to reviewing two
times the total value of the National Competition.
G. Anticipated Varies based on funding availability
Number of Awards
H. Expected Award See “Expected Total Funding” subsection
Range
I. Projected 03/25/2026 03:00 p.m. Eastern Time (ET)
Application Start
Date
J. Projected 07/23/2026 03:00 p.m. Eastern Time (ET)
Application End Date
6 | P age

---

K. Anticipated Will vary by award
Funding Selection
Date
L. Anticipated Will vary by award
Award Date
M. Projected Period Will vary by award
of Performance Start
Date
N. Projected Period 36 months from date of the award unless otherwise specified by
of Performance End FEMA.
Date
Any subsequent amendments to the federal award will not extend the
Period of Performance (POP) unless explicitly stated.
O. Executive The Building Resilient Infrastructure and Communities (BRIC) grant
Summary program makes federal funds available for hazard mitigation activities
with the goal of lowering future disaster costs. It does so with a
recognition of the need to upgrade and modernize the nation’s
infrastructure against natural weather disasters, and of the need for
natural hazard risk mitigation activities and resilience with respect to
those hazards.
P. Agency Contact a. Program Office Contact
General questions about the BRIC program can be directed to the
appropriate FEMA Regional Office or State Hazard Mitigation
Officer.
Tribal nations can find their Regional Tribal Liaison email at the
Federally Recognized Tribes webpage. Tribal nations with land that
crosses multiple FEMA regions should work with the region in which
their tribal headquarters is located; that will be their primary region of
support.
The HMA Helpline is available by email fema-
hmahelpline@fema.dhs.gov.
For questions about cost-effectiveness and FEMA’s Benefit Cost
Analysis (BCA) software, contact the BC Helpline by email
BCHelpline@fema.dhs.gov.
The Building Science Helpline is available for guidance on FEMA
Building Science publications by email FEMA-
BuildingScienceHelp@fema.dhs.gov.
A helpline for guidance on FEMA Safe Room publications is
available by email FEMA-BuildingScienceHelp@fema.dhs.gov.
FEMA publications that specify the documentation and information
necessary for FEMA to review project applications for feasibility and
effectiveness, cost-effectiveness, and potential impacts on
7 | P age

---

environmental and cultural resources are available on the FEMA
website at https://www.fema.gov/grants/guidance-tools.
b. FEMA Grants News
This channel provides general information on all FEMA grant
programs and maintains a comprehensive database containing key
personnel contact information at the federal, state, and local levels.
FEMA Grants News Team is reachable at fema-grants-
news@fema.dhs.gov OR (800) 368-6498, Monday through Friday,
9:00 AM – 5:00 PM ET.
c. Grant Programs Directorate (GPD) Award Administration
Division
GPD’s Award Administration Division (AAD) provides support
regarding financial matters and budgetary technical assistance. AAD
can be contacted at ASK-GMD@fema.dhs.gov.
d. FEMA Regional Offices
FEMA Regional Offices also may provide fiscal support, including
pre- and post-award administration and technical assistance. FEMA
Regional Office contact information is available at
https://www.fema.gov/fema-regional-contacts.
e. Civil Rights
Consistent with Executive Order 14173, Ending Illegal Discrimination
& Restoring Merit-Based Opportunity, the FEMA Integration and
Coordination Division is responsible for ensuring compliance with
and enforcement of federal civil rights obligations in connection with
programs and services conducted by FEMA. They are reachable at
FEMA-CivilRightsOffice@fema.dhs.gov.
f. Environmental Planning and Historic Preservation
The FEMA Office of Environmental Planning and Historic
Preservation (OEHP) provides guidance and information about the
EHP review process to FEMA programs and recipients and
subrecipients. Send any inquiries regarding compliance for FEMA
grant projects under this NOFO to FEMA-OEHP-
NOFOQuestions@fema.dhs.gov.
g. Payment and Reporting System
FEMA uses FEMA Grants Outcomes (FEMA GO) for financial
reporting, invoicing, and tracking payments. The Direct
Deposit/Electronic Funds Transfer (DD/EFT) method of payment is
used for recipients. For any questions about the system, contact the
FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242,
Monday through Friday, 9:00 AM – 6:00 PM ET.
8 | P age

---

h. FEMA GO
For technical assistance with the FEMA GO system, please contact the
FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242,
Monday through Friday, 9:00 AM – 6:00 PM ET.
i. FEMA Preparedness Toolkit
The FEMA Preparedness Toolkit (PrepToolkit) provides access to
tools and resources needed to implement the National Preparedness
System and provides a collaborative space for communities
completing the Unified Reporting Tool (URT). Recipients complete
and submit their Threat and Hazard Identification and Risk
Assessment (THIRA) and Stakeholder Preparedness Review (SPR),
and other required assessments using the PrepToolkit. For assistance,
contact support@preptoolkit.fema.dhs.gov.
2. Eligibility
A. Eligible Only the following entities or entity types are eligible to apply.
Entities/Entity Types
a. Applicants
• States
• District of Columbia
• U.S. Territories
• Federally recognized Tribal Nations
Each state, territory, the District of Columbia, and federally
recognized Tribal nations shall designate an agency of their choice to
serve as the applicant for BRIC funding. The designee is strongly
encouraged to conduct outreach prior to and during the application
process with communities vulnerable to natural hazard risks, including
federally recognized Tribal nations, tribal entities, and small
impoverished communities. Each applicant’s designated agency may
submit only one BRIC grant application to FEMA.
b. Subapplicants
Subapplicants and subawards are allowed.
• Communities
• Local governments
• Cities
• Townships
• Counties
• Special district governments
• Tribal Nations (including federally recognized Tribal Nations
who choose to apply as subapplicants). Federally recognized
Tribal Nations who wish to apply as subapplicants rather than
9 | P age

---

as applicants directly to FEMA, must submit to their
applicant agency.
Subapplications under which two or more entities would carry out the
award are eligible, such as a multi-state or multi-tribal initiative;
however, only one entity may be the subapplicant with primary
responsibility for carrying out the subaward.
Subapplicants should not have foreign nationals or noncitizens
included. If a subapplicant has foreign nationals, they must be
properly vetted and must adhere to all government statues, polices,
and procedures including “staff American, stay in America” and
security requirements.
B. Project Type a. Allowable Project Types
Eligibility
For the purposes of this NOFO, “infrastructure” means critical
physical structures, facilities, and systems that provide support to a
community, its population, and its economy. This includes natural
systems.
“Directly supporting infrastructure” means activities that have a clear,
immediate, and primary purpose of improving, protecting, or enabling
the construction, resilience, or operation of critical infrastructure
systems (such as transportation, utilities, water, wastewater,
communications, public buildings, or other critical facilities).
• Capability- and Capacity-Building Activities – activities that
directly support infrastructure resilience, such as the adoption,
enforcement, and implementation of hazard-resistant building
codes. Only capability and capacity-building activities that are
directly tied to infrastructure projects such as building code
adoption/enforcement, related technical training and project
scoping activities for specific infrastructure are eligible.
Hazard Mitigation Plan development or updates, and project
scoping activities not directly supporting a specific
infrastructure project are not eligible under BRIC.
• Hazard Mitigation Projects – cost-effective infrastructure and
construction projects designed to increase resilience and public
safety; reduce injuries and loss of life; and reduce damage and
destruction to property, critical services, facilities, and
infrastructure (including natural systems) from a multitude of
natural hazards, including drought, wildfire, earthquakes, and
the effects of natural weather disasters. Only infrastructure and
construction projects that have, at a minimum, a conceptual
design are eligible; phased projects are not eligible.
• Management Costs – financial assistance to reimburse the
recipient and subrecipient for eligible and reasonable indirect
10 | P age

---

costs, direct administrative costs, and other administrative
expenses associated with a specific hazard mitigation measure
or project subject to applicable cost share requirements.
C. Requirements for Subapplicants should not have foreign nationals or noncitizens
Personnel, Partners, included. If a subapplicant has foreign nationals, they must be
and Other Parties properly vetted and must adhere to all government statutes, policies,
and procedures including “staff American, stay in America” and
security requirements.
Subapplicants/subrecipients must submit short bios and resumes. This
should include the type of entity, organizational leadership, and board
members along with both the names and addresses of the individuals.
Resumes are subject to approval.
D. Maximum Not applicable
Number of
Applications
E. Additional Applicants/subapplicants or recipients/subrecipients are required to
Restrictions certify their compliance with federal statutes, DHS directives, policies,
and procedures.
All activities under BRIC must be in conformance with all criteria
established by FEMA that are specific to the proposed activity, found
in the HMA Guide.
All activities under BRIC must be in conformance with all applicable
federal, state, tribal, local floodplain and land use laws, as well as
aligned with the current administration and program priorities and
policy factors.
F. References for Please see the following references provided below:
Eligibility Factors
1. “Application Review Information” subsection
within the NOFO
2. “Financial Integrity Criteria” subsection
3. “Supplemental Financial Integrity Criteria and Review”
subsection
4. FEMA may/will request financial information such as
Employer Identification Number (EIN) and bank information
as part of the potential award selection. This will apply to
everyone prospered, including subrecipients.
G. Cost Sharing • 75% federal and 25% non-federal.
Requirement • 90% federal and 10% non-federal for small impoverished
communities.
• 100% federal and 0% for insular areas when the non-federal
cost share for the entire award is under $200,000.
11 | P age

---

H. Cost Share Cost share is required for all subapplications funded under this
Description, Type program. Generally, the cost share for this program is 75% federal /
and Restrictions 25% non-federal.
The non-federal cost share may consist of cash, donated or third-party
in-kind services, materials, or any combination thereof. Cash and
third-party in-kind matches must consist of eligible costs (i.e., same
eligibility as the federal share). Applicants cannot apply other federal
award funds toward the BRIC non-federal cost share unless the other
federal statutory authority allows the funds to be used to meet cost
share requirements. Refer to the HMA Cost Share Guide for more
information. FEMA encourages innovative use of public and private-
sector partnerships to meet the non-federal cost share.
BRIC funding cannot be used as matching funds for another federal
award. Additionally, third-party in-kind matches used to meet the
matching requirement may not be used to meet matching requirements
for any other federal program.
Small Impoverished Communities
Small impoverished communities as defined at 42 U.S.C. § 5133(a)
meeting the following criteria are eligible for an increase in cost share
up to 90% federal / 10% non-federal:
• of 3,000 or fewer individuals identified by the applicant
• that is economically disadvantaged, with residents having an
average per capita annual income not exceeding 80% of the
national per capita income, based on the best available data.
The following entities, having met all other eligibility requirements as
detailed in “Participant Eligibility” subsection of this funding
opportunity, may work in collaboration with a small impoverished
community to build, and submit a subapplication on their behalf: (1)
applicants; or (2) local government subapplicants, including a school
district, special district, intrastate district, council of governments
(regardless of whether the council of governments is incorporated as a
nonprofit corporation under state law), regional or interstate
government entity, or agency or instrumentality of a local government.
An applicant or subapplicant applying on behalf of a small
impoverished community must include as part of the subapplication a
letter authorizing the submission. There is no required format for the
authorizing letter, but it should contain the following information:
• Point of contact information, including a name, community,
address, phone number, and email for the small impoverished
community and the applicant or subapplicant applying on their
behalf.
• A signature from an authorized representative of the small
impoverished community.
12 | P age

---

An applicant or subapplicant applying on behalf of a small
impoverished community will be eligible to receive up to a 90%
federal cost share and is eligible for points in Evaluation Criteria for
National Competition.
Applicants and subapplicants who apply as a small impoverished
community, or applicants and subapplicants who apply on behalf of
one, must request the increased federal cost share amount in the Cost
Share section of their subapplication(s). Applicants must ensure the
“Community” and “Location” sections correctly identify the small
impoverished community. Applicants must certify subapplicants’
small impoverished community status and provide documentation
with the subapplication(s) to justify the increased federal cost share. If
documentation is not submitted with the subapplication, then FEMA
will provide no more than 75% federal cost share of the total eligible
costs.
Federally recognized Tribal Nations meeting the definition of a small
impoverished community that apply to FEMA directly as applicants
are eligible for a 90% federal cost share for their subapplications,
which make up their overall BRIC grant application.
Insular Areas
For insular areas, including American Samoa, Guam, the Northern
Mariana Islands, and the U.S. Virgin Islands, FEMA automatically
waives the non-federal cost share for the recipient when the non-
federal cost share for the entire award is under $200,000. If the non-
federal cost share for the entire award is $200,000 or greater, FEMA
may waive all or part of the non-federal cost share at the request of the
recipient. The recipient may request the waiver in its application.
I. Cost Sharing If the total cost of the activity is $400,000 and the non-federal cost
Calculation Example share is 25%, then the non-federal contribution is $100,000 (25% of
$400,000 is $100,000). This amount would be provided by the
applicant. Likewise, the federal share of that activity would be
$300,000 (75% of $400,000 is $300,000). This amount would be
provided by FEMA.
J. Required Ultimately, the recipient is responsible for ensuring that it contributes
information for the proper cost share to its actual project costs. If actual total project
verifying Cost Share costs exceed the projected total project costs stated in the federal
award, the recipient will not receive any additional federal funding
and will be responsible for contributing additional funds above the
required cost match. If actual total project costs are less than the
projected total project costs stated in the federal award, the recipient
will be responsible for contributing a cost match calculated as a
13 | P age

---

percentage of those actual project costs. For more information and
examples on cost share see the HMA Cost Share Guide.
3.Program Description
A. Background, Program Purpose, and Program History
Section 203(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as
amended (42 U.S.C. § 5133(b)), authorizes FEMA to “provide technical and financial assistance
to States and local governments to assist in the implementation of predisaster hazard mitigation
measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and
destruction of property, including damage to critical services and facilities under the jurisdiction
of the States or local governments.”
The Building Resilient Infrastructure and Communities (BRIC) grant program makes federal
funds available to states, U.S. territories, federally recognized Tribal nations1, and local
governments for hazard mitigation activities. It does so by recognizing the need to upgrade and
modernize the nation’s infrastructure against the growing risks to communities and the need for
natural hazard risk mitigation activities that promote resilience with respect to natural hazards.
Certain awards made under this funding opportunity may be funded, in whole or in part, by the
Infrastructure Investment and Jobs Act (IIJA). The IIJA appropriates billions of dollars to FEMA
to promote resilient infrastructure, respond to the impacts of natural weather disasters, and equip
our nation with the resources to combat its most pressing natural hazard threats.
B. Goals and Objectives
BRIC aims to shift the focus of federal investments away from reactive post-disaster spending
towards proactive infrastructure-focused hazard mitigation. For this funding opportunity, the
program prioritizes investment in infrastructure and construction projects that deliver immediate,
measurable risk reduction to communities vulnerable to natural hazards. BRIC emphasizes the
adoption and enforcement of modern building codes and limits capability- and capacity-building
activities to those directly tied to infrastructure resilience, such as building code adoption and
enforcement.
By prioritizing investment in construction projects that are ready to implement and increasing
geographic distribution of hazard mitigation investments, BRIC aims to accelerate and improve
nationwide project delivery. For this funding opportunity, the program caps single project and
per applicant funding amounts to distribute investments and prioritizes selection of new
applicants and subapplicants as well as small impoverished communities in the National
Competition.
BRIC maximizes state and local responsibility for resilience by focusing federal resources on
projects that directly support infrastructure and risk reduction rather than investing in a wide
range of activities.
1 The term “federally recognized tribal nations,” as used in this funding opportunity, has the same meaning as
“Indian tribal government,” as defined at 42 U.S.C. § 5122(6).
14 | P age

---

These critical investments aim to reduce future disaster losses, loss of life, property, and future
spending from the Disaster Relief Fund (DRF). BRIC focuses on cost-effective hazard mitigation
measures focused on protecting public infrastructure so that critical services can withstand or
more rapidly recover from future disasters. The program is designed to deliver expeditious,
measurable risk reduction and to ensure that investments address the nation’s most pressing
hazard mitigation needs.
C. Program Rationale
The BRIC program prioritizes investments in infrastructure and construction projects that deliver
immediate, measurable risk reduction to public infrastructure and communities vulnerable to
natural hazards. The program’s primary focus is on supporting projects ready for implementation
and incentivizing the adoption and enforcement of the latest published editions of hazard-
resistant building codes.
FEMA recognizes that the adoption and enforcement of modern building codes, specifications,
and standards provide significant resilience benefits. Accordingly, BRIC dedicates additional
funds through State/Territory and Tribal Building Code Plus-Up allocations to carry out eligible
building code adoption and enforcement activities.
D. Federal Assistance Type
Grant
E. Performance Measures and Targets
The BRIC program supports risk reduction of natural hazard risk. The following key
performance indicators provide strategic and relevant information to decision makers and
stakeholders about BRIC’s progress and success toward achieving its goals and objectives, and
are based on metrics that are available or could be feasibly collected:
• Total number and population size of communities supported since inception
• Dollar amount of total expected benefits and average benefit-cost ratio for the program
• Number of state, local, tribal, and territorial (SLTT) governments that adopted hazard-
resistant building codes after receiving BRIC grants for building code activities
These performance measures evaluate the program as a whole. FEMA notes that these key
performance indicators are not determinative of whether an application to the BRIC program is
selected for funding.
F. Program-Specific Unallowable Costs
All costs charged to federal awards (including both federal funding and any non-federal
matching or cost sharing funds) must comply with applicable statutes, rules and regulations, and
policies, this NOFO, and the terms and conditions of the federal award. They must also comply
with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2
C.F.R. Part 200 unless otherwise indicated in the NOFO or the terms and conditions of the
federal award. This includes, among other requirements, that costs must be incurred and products
and services must be delivered within the budget period. 2 C.F.R. § 200.403(h) (referring to
budget periods, which for FEMA awards is the same as the period of performance). The
15 | P age

---

following identifies a list of activities for which a recipient may not use federal funds and any
cost sharing or matching funds under federal awards:
1. Matching or cost sharing requirements for other federal grants and cooperative
agreements (see 2 C.F.R. § 200.306)
2. Lobbying or other prohibited activities under 18 U.S.C. § 1913 or 2 C.F.R. § 200.450
3. Prosecuting claims against the federal government or any other government entity (see 2
C.F.R. § 200.435) See subsections below for information on any other funding
restrictions.
G. General Funding Requirements
Costs charged to federal awards (including federal and non-federal cost share funds) must
comply with applicable statutes, rules and regulations, policies, this NOFO, and the terms and
conditions of the federal award. This includes, among other requirements, that costs must be
incurred, and products and services must be delivered within the budget period. 2 C.F.R. §
200.403(h).
Recipients may not use federal funds or any cost share funds for the following activities:
1. Matching or cost sharing requirements for other federal grants and cooperative
agreements (see 2 C.F.R. § 200.306).
2. Lobbying or other prohibited activities under 18 U.S.C. § 1913 or 2 C.F.R. § 200.450.
3. Prosecuting claims against the federal government or any other government entity (see 2
C.F.R. § 200.435).
H. Indirect Costs (Facilities and Administrative Costs)
Indirect costs (IDC) are allowed for costs incurred for a common or joint purpose benefiting
more than one cost objective and not readily assignable to specific cost objectives without
disproportionate effort. Applicants with a current negotiated IDC rate agreement who desire to
charge indirect costs to a federal award must provide a copy of their IDC rate agreement with
their applications. Not all applicants are required to have a current negotiated IDC rate
agreement. Applicants that are not required to have a negotiated IDC rate agreement, but are
required to develop an IDC rate proposal, must provide a copy of their proposal with their
applications. Applicants without a current negotiated IDC rate agreement (including a
provisional rate) and wish to charge the de minimis rate must reach out to FEMA for further
instructions. Applicants who wish to use a cost allocation plan in lieu of an IDC rate proposal
must reach out to FEMA for further instructions. As it relates to the IDC for subrecipients, a
recipient must follow the requirements of 2 C.F.R. §§ 200.332 and 200.414 in approving the
IDC rate for subawards.
I. Management Costs
In addition to funding received as described in “Expected Total Funding” subsection,
subapplicants may apply for up to 5% of the total budget of the eligible capability- and capacity-
building activity (if directly tied to infrastructure) or hazard mitigation project for subrecipient
management costs. The total budget refers to the sum of non-federal and federal shares of the
proposed activity. Subrecipients must use subaward management costs to manage their subaward
16 | P age

---

activities. Subapplicant management cost activities must be added to the Scope of Work section
and identified as a line item in the Cost Estimate section of subapplications in FEMA GO.
Applicants may apply for up to 10% of the application budget inclusive of subapplicant
management costs for applicants to administer and manage award and subaward activities.
Applicant requests for management costs must be submitted in a separate management costs
subapplication in FEMA GO (see “Program-Specific Required Documents and Information”
subsection). FEMA will adjust management cost awards to ensure that the amount available for
management costs does not exceed the permitted percentage. If the grant award amount is
adjusted for any reason, FEMA will de-obligate any management costs that exceed the allowed
amounts.
The federal cost share for states, territories, and Tribal Nations, for Recipient Management Costs
is set at 100% of the total award amount.
The subapplicant’s applied for management costs (up to 5%) must be added to the total
subapplication budget prior to the calculation of the applicant management costs (up to 10%). If
the applicant is applying to also implement the award as the subrecipient, the applicant is
allowed to apply for subrecipient (up to 5%) and recipient management costs (up to 10%). Uses
of the applied for recipient management costs must be distinct from subrecipient management
costs and must adhere to the stated uses, even if being used by the same entity. The total
management costs still may not exceed 15% of the total award. FEMA will adjust management
cost awards to ensure that the amount available for management costs does not exceed the
permitted percentage. If the total grant award amount is adjusted for any reason, FEMA will de-
obligate any management costs that exceed the allowed amounts.
Management costs are governed by section 324 of the Stafford Act (42 U.S.C. § 5165b).
Management costs are any indirect costs, any direct administrative costs, and other
administrative expenses that are reasonably incurred in administering an award or subaward.
Eligible applicant or subapplicant management cost activities may include:
• Solicitation, review, and processing of subapplications and subawards
• Subapplication development and technical assistance to subapplicants regarding
feasibility and effectiveness and BCA
• Delivery of technical assistance (e.g., training) to support the implementation of
hazard mitigation activities
• Managing awards (e.g., quarterly reporting including managing Go/No-Go milestones
for hazard mitigation projects submitted under the National Competition, closeout)
• Technical monitoring (e.g., site visits, technical meetings)
• Purchase of equipment, per diem and travel expenses, and professional development
that is directly related to the implementation of HMA programs
• Staff salary costs directly related to performing the activities listed above
Management costs may only be used to support the administration and management of eligible
subawards. Activities funded as direct subawards (such as project scoping for infrastructure or
17 | P age

---

building code adoption/enforcement under capability and capacity building) may not also be
funded through management costs.
Management costs are not overhead costs but are necessary direct costs incurred in direct support
of the federal award or as a consequence of it, such as travel, meeting-related expenses, and
salaries of full/part-time staff in direct support of the program. As such, management costs can
be itemized in financial reports.
J. Pre-Award Costs
Pre-award costs are directly related to developing the BRIC grant application or subapplication
that are incurred prior to the date of the grant award are allowed subject to FEMA approval at
time of award. Approval of pre-award costs is not guaranteed. Such costs may have been
incurred prior to application submission, for example gathering data to be used for preparing
environmental reviews required by National Environmental Policy Act (NEPA), developing a
BCA (see “Benefit-Cost Analysis [BCA] for Hazard Mitigation Projects” subsection), or
preparing design specifications. To be eligible for BRIC funding, pre-award costs must be
identified in an individual line item in the cost estimate of the subapplication.
Pre-award costs may be cost shared or applicants and subapplicants may identify them as their
non-federal cost share (see “Cost Share Description, Type and Restrictions” subsection).
Costs associated with implementation of proposed projects in the submitted grant application or
subapplication that are incurred prior to the date of the grant award are not allowed.
Applicants and subapplicants who are not selected for awards or subawards will not receive
reimbursement for the corresponding pre-award costs.
K. Beneficiary Eligibility
This NOFO and any subsequent federal awards create no rights or causes of action for any
beneficiary.
Individuals, businesses, and nonprofit organizations are not eligible to apply for BRIC funds as
an applicant or subapplicant; however, an eligible applicant or subapplicant may apply for
funding on behalf of individuals, businesses, and nonprofit organizations.
L. Participant Eligibility
This NOFO and any subsequent federal awards create no rights or causes of action for any
participant.
1. Applicant Eligibility Criteria
• States and territories that had a major disaster declaration under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act in the seven years prior to the
annual application period start date are eligible to apply to FEMA for federal
assistance under BRIC. As a result of numerous major disaster declarations, all states,
territories, and the District of Columbia are eligible to apply to this funding
opportunity.
18 | P age

---

• Federally recognized tribal nations that had a major disaster declaration under the
Stafford Act in the seven years prior to the annual application period start date or are
entirely or partially located in a state or territory that had a major disaster declaration
in the seven years prior to the annual application period start date are eligible to apply
to FEMA for federal assistance under BRIC as applicants or subapplicants to eligible
states and territories. As a result of numerous major disaster declarations, all federally
recognized tribal nations are eligible to apply to this funding opportunity.
• Applicants are required to have a FEMA-approved State or Tribal Hazard Mitigation
Plan in accordance with 44 C.F.R. Part 201 by the application deadline and at the
time of obligation of the award.
• To be considered for financial assistance, all applicants must submit their BRIC grant
applications for this funding opportunity to FEMA via FEMA GO (see “Submission
Requirements and Deadlines” subsection).
2. Subrecipient Eligibility
• Local governments as defined in 42 U.S.C § 5122(8), are eligible to apply to eligible
states and territories for federal assistance under BRIC as subapplicants.
• Subapplicants are required to have a FEMA approved Local or Tribal Hazard
Mitigation Plan in accordance with 44 C.F.R. Part 201 by the application deadline
and at the time of obligation of grant funds for hazard mitigation projects. Multi-
jurisdictional plans (e.g., watershed plans) may be accepted, as appropriate, as long as
each jurisdiction has participated in the process and has officially adopted the plan.
State-wide plans will not be accepted as multi-jurisdictional plans.
• Regional planning districts (e.g., planning commissions or councils, councils of
government, area development districts, or equivalent planning entities) without
approved mitigation plans may serve as the subapplicant on behalf of a local
government or tribal nation within their service area if the local government or tribal
nation proposing the mitigation project where the activity is located has a current
FEMA approved Local or Tribal Mitigation Plan and the proposed activity is
consistent with that plan.
• Subapplicants, including federally recognized tribal nations submitting as
subapplicants to a state or territory, are exempt from the hazard mitigation plan
requirement for the capability- and capacity-building activity types.
• Hazard mitigation plan integration, while not required to be eligible for BRIC, is
encouraged. See “Integrating Hazard Mitigation and Planning” subsection for
additional information.
3. Other Eligibility Criteria/Restrictions
a. Environmentally Friendly Measures
• All activities under BRIC must be in conformance with all applicable
environmental planning and historic preservation (EHP) laws, regulations,
executive orders, and agency policies as defined in the HMA Guide, Part 4, H.
Environmental and Historic Preservation Requirements.
b. Future Conditions
• Considering future conditions in mitigation projects is essential for ensuring their
effectiveness. By accounting for future conditions factors such as changing
weather patterns, and changes in a community’s risk profile like anticipated
population growth, increased infrastructure demands, and evolving land use,
19 | P age

---

infrastructure projects should be designed to address not only current risks but
also emerging threats over the lifespan of the infrastructure. This proactive
approach enhances the resilience of communities and infrastructure, reducing the
long-term impacts of natural disasters. Projects that incorporate future conditions
are better positioned to minimize loss of life, property damage, and economic
disruption, ultimately supporting stronger infrastructure and safer communities
over time.
• Applicants should utilize appropriate data to ensure investments in infrastructure
will withstand natural hazards over the useful life of the asset. Data and planning
assumptions should consider both current and future conditions; ensure
responsible floodplain and wetland management based on the history of flood
hazard mitigation efforts and the frequency, duration, and intensity of
precipitation events; and account for exposure and sensitivity to natural hazards
such as flood, drought, and wildfire.
c. Specific Community Identification
Subapplicants should include location data in the “Community” and “Location” sections
of the FEMA GO subapplication; this will be used to verify if a subapplicant qualifies as
a small impoverished community:
• In the “Community” section of FEMA GO, subapplicants should list the
communities that will benefit from the hazard mitigation activity by clicking on
the find community button to find the name and CID number in the Community
Information System (CIS) database. If the community cannot be found in the
database, include information in the comments (such as the full name and Census
incorporated place GEOID) and inform your state NFIP coordinator so the
database can be updated.
• In the “Project site inventory” section of FEMA GO, subapplicants should list all
locations of mitigated properties/structures including address and/or latitude and
longitude coordinates in the “project site inventory” section on FEMA GO.
• Small impoverished communities are defined at 42 U.S.C. § 5133(a) and 44
C.F.R Part 59. See “Cost Share Description, Type and Restrictions” subsection
in this funding opportunity for more detail on requirements to qualify for this
designation for cost share, and “Evaluation Criteria for National Competition”
subsection of this funding opportunity for more information about evaluation
criteria.
• Subapplicants may include narrative descriptions of population benefiting to
supplement the data and shapefile provided, particularly in rural areas with
limited population data or for projects benefiting geographically dispersed
populations.
• FEMA uses the subapplicant jurisdiction or jurisdictions listed in the
Communities section of FEMA GO and validate the locations listed in the
“Project site inventory” to determine small impoverished communities for
eligible cost share.
d. Additional Criteria
• Hazard mitigation projects must be consistent with the applicant’s State or Tribal
Hazard Mitigation Plan and the subapplicant’s Local or Tribal Hazard Mitigation
Plan approved under 44 C.F.R. Part 201. Applicants must identify in the BRIC
20 | P age

---

application where the need for the proposed project types are specifically
referenced or included in the State or Tribal Hazard Mitigation Plan (page
number, section title, etc.).
• Hazard mitigation projects must be cost-effective and designed to increase
resilience and reduce risk of injuries, loss of life, and damage and destruction of
property, including critical services and facilities as defined in the HMA Guide,
Part 5. Cost-Effectiveness.
• Hazard mitigation projects must, at a minimum, be in conformance with the two
latest published editions of relevant consensus-based codes, specifications, and
standards that incorporate the latest hazard-resistant designs. If the hazard
mitigation project is located in a Special Flood Hazard Area, it must meet all of
the following conditions:
o The project is in a jurisdiction participating in the National Flood
Insurance Program that is not on probation, suspended, or withdrawn.
o The property owner obtains and maintains flood insurance for the life of
the structure, regardless of transfer of ownership, in an amount at least
equal to the project cost or to the maximum limit of coverage made
available with respect to the mitigated property, whichever is less.
• Earthquake early warning systems are eligible as stand-alone projects.
• Construction activities for which ground disturbance has already been initiated or
completed are not eligible for funding. Non-construction activities that have
already started may not be considered for funding.
• When subapplications include an information technology or operational
technology component as part of a larger project, FEMA will allow activities that
enable greater community resilience through cybersecurity as eligible costs when
those activities are performed in accordance with the cybersecurity performance
goals for critical infrastructure and control systems directed by the National
Security Memorandum on Improving Cybersecurity for Critical Infrastructure
Control Systems (NSM-5). Subapplicants should address cybersecurity in their
planning, design, and project oversight for awards that include a technology
nexus that may pose a cyber risk that would affect the reliability or operability of
the project.
M. Authorizing Authority
Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act), as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5133).
N. Appropriation Authority
Section 203(i) of the Stafford Act, as amended (Pub. L. No. 93-288) (42 U.S.C. § 5133(i)) and
Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) (2021).
O. Budget Period
FEMA awards under the BRIC program only include one budget period; it will be the same as
the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of
performance.”
P. Prohibition on Covered Equipment or Services
21 | P age

---

Recipients, subrecipients, and their contractors or subcontractors must comply with the
prohibitions set forth in Section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019, which restrict the purchase of covered telecommunications and
surveillance equipment and services. Please see 2 C.F.R. §§ 200.216, 200.327, 200.471, and
Appendix II to 2 C.F.R. Part 200, and FEMA Policy #405-143-1 - Prohibitions on Expending
FEMA Award Funds for Covered Telecommunications Equipment or Services for more
information.
4. Application Contents and Format
A. Pre-Application, Letter of Intent, and Whitepapers
Subapplicants should contact their applicant agency for information specific to their
state/territory/tribe’s application process. Contact information is available on the State Hazard
Mitigation Officers webpage.
B. Application Content and Format
Applicants may require their subapplicants to complete the grant application and/or Assurances
and Certifications forms to their capability- and capacity-building activity and hazard mitigation
project subapplications generated in the FEMA GO system.
All applicants must submit a BRIC grant application via FEMA GO by the application deadline
to be considered for funding. The required format for BRIC applications and subapplications is
built into FEMA GO.
C. Application Components
The following forms or information are required to be submitted via FEMA GO. They are
automatically generated in FEMA GO; no additional attachment is needed. The Standard Forms
(SF) are also available at Forms | Grants.gov
• SF-424, Application for Federal Assistance
• Grants.gov Lobbying Form, Certification Regarding Lobbying
• SF-424A, Budget Information (Non-Construction)
o For construction under an award, submit SF-424C, Budget Information
(Construction), in addition to or instead of SF-424A
• SF-424B, Standard Assurances (Non-Construction)
o For construction under an award, submit SF-424D, Standard Assurances
(Construction), in addition to or instead of SF-424B
• SF-LLL, Disclosure of Lobbying Activities
D. Program-Specific Required Documents and Information
The following program-specific forms or information are required to be submitted in FEMA GO:
1. Management Costs
Applicant requests for management costs must be submitted in a separate management costs
subapplication in FEMA GO.
Applicants may apply for up to 10% of the application budget inclusive of subapplicant
management costs for applicants to administer and manage award and subaward activities. The
applied for subrecipient management costs (up to 5%) must be added to the total subapplication
budget prior to the calculation of the applicant management costs (up to 10%).
22 | P age

---

Subapplicants may apply for up to 5% of the total budget of the capability- and capacity-building
activity or hazard mitigation project for subrecipient management costs. Subrecipient
management cost activities must be submitted as their own budget in the subapplication. The
total budget refers to the sum of non-federal and federal shares of the proposed capability- and
capacity-building activity or hazard mitigation project. Subrecipient must use subrecipient
management costs to manage their subaward activities.
FEMA will adjust management cost awards to ensure that the amount available for management
costs does not exceed the permitted percentage. If the total grant award amount is adjusted for
any reason, FEMA will de-obligate any management costs that exceed the allowed amounts.
Federal Cost Share for Management Costs:
• For states and territories, the federal cost share for Recipient Management Costs is set at
100% of the total award amount.
• For Tribal Nations, the federal cost share for Recipient Management Costs remains 100% of
the total award amount.
2. Benefit-Cost Analysis (BCA) for Hazard Mitigation Projects
Applicants and subapplicants applying for hazard mitigation projects are required to use FEMA-
approved methodologies and tools, such as the BCA Toolkit, to demonstrate the cost-
effectiveness of their projects. Further details on hazard mitigation project cost-effectiveness can
be found in the HMA Guide, Part 5. Cost-Effectiveness or on the Benefit-Cost Analysis
webpage.
3. Go/No-Go Milestones
The subapplicant, in coordination with the applicant, must identify at least one or more Go/No-
Go milestones in the work schedule for hazard mitigation projects submitted to the National
Competition that FEMA will review and approve. Hazard mitigation projects submitted under
the State/Territory Allocation or Tribal Set-Aside do not require Go/No-Go milestones. A
Go/No-Go milestone is a major milestone in the project that if not completed on time may result
in a cancellation of the subaward. Progress towards meeting the Go/No-Go milestones must be
reported in the quarterly progress reports submitted to the recipient and FEMA. At these Go/No-
Go milestones, FEMA will evaluate project performance, schedule adherence, and contribution
to FEMA’s program goals and objectives.
4. National Environmental Policy Act Requirements for Hazard Mitigation Projects
Applicants and subapplicants applying for hazard mitigation projects must provide information
needed to comply with the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321–
4370h) and the related Department of Homeland Security and FEMA instructions and directives:
DHS Directive 023-01, DHS Instruction Manual 023-01-001-01, FEMA Directive 108-1, and
FEMA Instruction 108-1-1. The required information is included in the subapplication in FEMA
GO. Environmental Historic Preservation Job Aids and Supplements are available on the Hazard
Mitigation Assistance Job Aids and Environmental & Historic Preservation Guidance for FEMA
23 | P age

---

Grant Applications webpages. The required information is included in the subapplication in
FEMA GO.
5. Acquisition Project Requirements
The subrecipient must provide FEMA with a signed copy of the Statement of Voluntary
Participation for each property post-award. The Statement of Voluntary Participation formally
documents the Notice of Voluntary Interest and information related to the purchase offer.
In undertaking a larger-scale migration or relocation effort that is intended to move structures out
of high-risk areas, the subapplicant should consider how it can protect and sustain the impacted
community and its assets. Accordingly, subapplicants must demonstrate to FEMA how they will
resettle such areas in a way that mitigates future risk from natural hazards and increasing
insurance costs through mechanisms such as: new land use development plans; building codes or
construction requirements; protective infrastructure development; or restrictions on future
disaster assistance to such properties.
Subrecipients must apply deed-restriction language to all acquired properties to ensure that the
property is maintained in perpetuity as open space consistent with the conservation of natural
floodplain functions, as agreed to by their accepting FEMA hazard mitigation award funding.
Deed-restriction language is applied to acquired properties by recording the open space and deed
restrictions per the FEMA Model Deed Restriction. Subrecipients, as well as recipients and
FEMA, are responsible for enforcing open space restrictions pursuant to 44 C.F.R. Part 80
requirements.
6. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state’s Single Point
of Contact (SPOC) to comply with the state’s process under Executive Order 12372.
5. Submission Requirements and Deadlines
A. Address to Request Application Package
Applications are processed through the FEMA GO system. To access the system, go to
https://go.fema.gov/.
Steps Required to Apply For An Award Under This Program and Submit an Application:
To apply for an award under this program, all applicants must:
a. Apply for, update, or verify their Unique Entity Identifier (UEI) number and Employer
Identification Number (EIN) from the Internal Revenue Service;
b. In the application, provide an UEI number;
c. Have an account with login.gov;
d. Register for, update, or verify their SAM account and ensure the account is active before
submitting the application;
e. Register in FEMA GO, add the organization to the system, and establish the Authorized
Organizational Representative (AOR). The organization’s electronic business point of
contact (eBiz POC) from the SAM registration may need to be involved in this step. For
24 | P age

---

step-by-step instructions, see https://www.fema.gov/media-
library/assets/documents/181607;
f. Submit the complete application in FEMA GO; and
g. Continue to maintain an active SAM registration with current information at all times
during which it has an active federal award or an application or plan under consideration
by a federal awarding agency. As part of this, applicants must also provide information
on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all
predecessors that have been awarded federal contracts or federal financial assistance
within the last three years, if applicable.
Per 2 C.F.R. § 25.110 if an applicant is experiencing exigent circumstances that prevents it from
obtaining an UEI number and completing SAM registration prior to receiving a federal award,
the applicant must notify FEMA as soon as possible. Contact fema-grants-news@fema.dhs.gov
and provide the details of the exigent circumstances.
How to Register to Apply:
General Instructions:
Registering and applying for an award under this program is a multi-step process and requires
time to complete. Below are instructions for registering to apply for FEMA funds. Read the
instructions carefully and prepare the requested information before beginning the registration
process. Gathering the required information before starting the process will alleviate last-minute
searches for required information.
The registration process can take up to four weeks to complete. To ensure an application
meets the deadline, applicants are advised to start the required steps well in advance of their
submission.
Organizations must have a Unique Entity Identifier (UEI) number, Employer Identification
Number (EIN), and an active System for Award Management (SAM) registration.
Obtain a UEI Number:
All entities applying for funding, including renewal funding, must have a UEI number.
Applicants must enter the UEI number in the applicable data entry field on the SF-424 form. For
more detailed instructions for obtaining a UEI number, refer to SAM.gov.
Obtain Employer Identification Number:
In addition to having a UEI number, all entities applying for funding must provide an Employer
Identification Number (EIN). The EIN can be obtained from the IRS by visiting
https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-
identification-number-ein-online.
Create a login.gov account:
Applicants must have a login.gov account in order to register with SAM or update their SAM
registration. Applicants can create a login.gov account at:
25 | P age

---

https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c-8323-
a62b99571fd.
Applicants only have to create a login.gov account once. For existing SAM users, use the same
email address for both login.gov and SAM.gov so that the two accounts can be linked.
For more information on the login.gov requirements for SAM registration, refer to
https://www.sam.gov/SAM/pages/public/loginFAQ.jsf.
Register with SAM:
In addition to having a UEI number, all organizations must register with SAM. Failure to register
with SAM will prevent your organization from applying through FEMA GO. SAM registration
must be renewed annually and must remain active throughout the entire grant life cycle.
For more detailed instructions for registering with SAM, refer to
https://apply07.grants.gov/help/html/help/Register/RegisterWithSAM.htm.
Note: per 2 C.F.R. § 25.200, applicants must also provide the applicant’s immediate and highest-
level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal
financial assistance within the past three years, if applicable.
Register in FEMA GO, Add the Organization to the System, and Establish the AOR:
Applicants must register in FEMA GO and add their organization to the system. The
organization’s electronic business point of contact (eBiz POC) from the SAM registration may
need to be involved in this step. For step-by-step instructions, see FEMA GO Startup Guide.
Note: FEMA GO will support only the most recent major release of the following browsers:
Google Chrome;
Mozilla Firefox;
Apple Safari; and
Microsoft Edge.
Applicants using tablet-type devices or other browsers may encounter issues with using FEMA
GO.
Submitting the Final Application:
Applicants will be prompted to submit the standard application information and any program-
specific information required. Standard Forms (SF) may be accessed in the Forms tab under the
SF-424 family on Grants.gov. Applicants should review these forms before applying to ensure
they are providing all required information.
After submitting the final application, FEMA GO will provide either an error message, or an
email to the submitting AOR confirming the transmission was successfully received.
26 | P age

---

B. Application Deadline
07/23/26 03:00:00 PM Eastern Time
All applications must be received by the established deadline. Please note that FEMA deadlines
listed in this NOFO refer to application deadlines for the applicants. Subapplicants should
consult with their applicant agency to confirm subapplication deadlines to the applicant, if
applicable.
FEMA’s Grants Outcomes System (FEMA GO) automatically records proof of timely
submission and the system generates an electronic date/time stamp when FEMA GO successfully
receives the application. The individual with the Authorized Organization Representative role
that submitted the application will also receive the official date/time stamp and a FEMA GO
tracking number in an email serving as proof of their timely submission.
FEMA will not consider or review applications that are received after the deadline.
C. Pre-Application Requirements Deadline
Event Suggested Deadline for Completion
Obtaining Unique Entity Identifier Four weeks before actual submission deadline
(UEI) number
Obtaining a valid Employer
Four weeks before actual submission deadline
Identification Number (EIN)
Creating an account with login.gov Four weeks before actual submission deadline
Registering in SAM or updating
Four weeks before actual submission deadline
SAM registration
Registering Organization in FEMA
Prior to beginning application
GO
Submitting complete application in
One week before actual submission deadline
FEMA GO
D. Post-Application Requirements Deadline
Not applicable
E. Effects of Missing the Deadline
All applications must be completed in FEMA GO by the application deadline. FEMA GO
automatically records proof of submission and generates an electronic date/time stamp when
FEMA GO successfully receives an application. The submitting AOR will receive via email the
official date/time stamp and a FEMA GO tracking number to serve as proof of timely submission
prior to the application deadline.
Applicants experiencing technical problems outside of their control must notify FEMA as
soon as possible and before the application deadline and no later than 3:00 PM ET, on
Tuesday, July 21, 2026. No new system-related issues will be addressed after this deadline.
Failure to timely notify FEMA of the issue that prevented the timely filing of the application may
preclude consideration of the award. “Timely notification” of FEMA means the following: prior
27 | P age

---

to the application deadline and within 48 hours after the applicant became aware of the issue.
FEMA may extend the application deadline on request for any applicant who can demonstrate
that good cause exists to justify extending the deadline.
6.Intergovernmental Review
A. Requirement Description and State Single Point of Contact
An intergovernmental review may be required. Applicants must contact their state’s Single Point
of Contact (SPOC) to comply with the state’s process under Executive Order 12372.
7.Application Review Information
A. Threshold Criteria
For all activities/projects under all applications, including for the State/Territory Allocation,
Tribal Set-Aside, and National Competition, FEMA will review applications and subapplications
submitted by each applicant to ensure:
• Eligibility of the applicant and subapplicant;
• Eligibility of proposed activities and costs;
• Complete Scope of Work;
• Cost-effectiveness (BCA);
• Technical feasibility of hazard mitigation projects;
• Line-item budget;
• Eligibility and availability of the non-federal cost share;
• Consistency with Administration and Agency priorities; and
• Consistency with approved State Mitigation Plan and Local and/or Tribal Hazard
Mitigation Plan for hazard mitigation projects.
Subapplicants are exempt from the hazard mitigation plan requirement for capability- and
capacity-building activity types.
B. Application Criteria
Subapplications submitted to the National Competition that pass the eligibility and completeness
programmatic review will be scored with evaluation criteria. FEMA will review project
subapplications valued at two times the amount of available funding.
1. Evaluation Criteria for the National Competition
As set forth in the table below, FEMA will score subapplications using evaluation criteria,
offering incentives for elements valued by FEMA.
Evaluation Criteria for the National Competition
Topic Criteria Potential
Total Points
1 Infrastructure Projects demonstrating higher readiness can 5
Project2 Construction reduce the risk of extended grant periods, cost
Readiness overruns, and administrative burden. To
2 Infrastructure is defined as critical physical structures, facilities, and systems that provide support to a community,
its population, and economy. This definition includes natural systems.
28 | P age

---

increase the timeliness of hazard risk
reduction, these criteria assess the extent to
which the proposed project is sufficiently
developed to proceed to award and start
construction without significant delay.
Conceptual Design (5): Infrastructure projects
with basic conceptualization and design (i.e.,
at least 30% design) will receive 5 points.
OR OR
Preliminary Design (15): Infrastructure 15
projects with refined and detailed design
including major systems, materials,
dimensions and draft specifications (i.e.,
greater than 30% design) will receive 15
points.
OR OR
Detailed Design (30): Infrastructure projects 30
with detailed drawings and specifications for
bidding, permitting and actual construction
(i.e., 90% design or greater) will receive 30
points. These documents may include
completed environmental and historic
preservation compliance documentation (e.g.
environmental assessment, archeological
survey, US Army Corps permit, floodplain
development permit, etc.).
2 New Applicant or The subapplication is submitted from a 15
Subapplicant subapplicant that has never been selected in
the BRIC National Competition.
OR OR
The subapplication is submitted by a 15
subapplicant from a state, territory or tribal
applicant that has never been selected in the
BRIC National Competition.
3 Building Code Subcriteria 3.1:
Adoption and Building Code Adoption (5): The 5
Enforcement subapplication will receive 5 points if the
community where the project will be
developed has locally adopted current or next
most recent hazard-resistant consensus-based
model building code such as both the
29 | P age

---

International Building Code (IBC) and the
International Residential Code (IRC) model
codes published by the International Code
Council (ICC) from 2021 or 2024.
AND AND
Locally Adopted Building codes (5): The 5
subapplication will receive an additional 5
points if the locally adopted building codes by
the community are based on the applicant’s
mandatory state-, tribal-, territory-wide
adoption of current or next most recent
hazard-resistant consensus-based model
building code such as both the International
Building Code (IBC) and the International
Residential Code (IRC) model codes
published by the International Code Council
(ICC) from 2021 or 2024.
AND AND
Building Code Enforcement (10) – 10
Subapplicant has Building Code Effectiveness
Grading Schedule (BCEGS) Rating of 1 to 5.
OR OR
Subcriteria 3.2:
Alternative Higher Standards (5): Any 5
subapplicant that has not received points
under Sub-criterion 3.1 could receive 5 points
by providing a narrative demonstrating that
they hold higher hazard-resistant standards for
the primary hazard they have identified in
their subapplication.
4 Small impoverished Designation as a small impoverished 5
community community as referenced in 42 U.S.C. §
5133(a).
5 Risk Reduction A narrative in the Scope of Work section of 20
FEMA GO will be scored based on the
sufficiency of the responses (20):
1) Effectively reduce risk: Identify the
risk(s) being reduced and state what
action will reduce the identified risk.
30 | P age

---

2) Increase resilience within the
community based on their primary
natural hazard risk (including the
benefits quantified in the BCA): Detail
ability to prepare for anticipated
hazards, adapt to changing conditions,
and withstand and recover rapidly
from disruption for the useful life of
the infrastructure asset.
3) Realize ancillary benefits: Identify
benefits other than the project’s
primary risk reduction objective.
6 Implementation A narrative in the Scope of Work section of 10
Measures FEMA GO will be scored based on the
sufficiency of the responses to the criteria
listed below.
1) Cost management: Describe the
processes by which project costs will
be managed including any identified
challenges or obstacles.
2) Schedule management: Provide a
description of the project schedule and
the measures taken to manage the
schedule including any identified
challenges.
3) Successful implementation, and
incorporation of any innovative
techniques: Detail pre- and post-
implementation monitoring strategies
being used and how progress will be
measured. Describe innovative
techniques implemented.
4) Technical and managerial staff, and
resources availability: Identify
technical and managerial staff and
resources used to successfully
implement the project.
For more information regarding an applicant’s code adoption status, please visit the FEMA
Building Code Adoption Tracking webpage.
For additional information on evaluation criteria contact your Regional Office.
C. Financial Integrity Criteria
Before making an award, FEMA is required to review OMB-designated databases for applicants’
eligibility and financial integrity information. This is required by the Payment Integrity
31 | P age

---

Information Act of 2019 (Pub. L. No. 116-117, § 2 (2020)), 41 U.S.C. § 2313, and the “Do Not
Pay Initiative” (31 U.S.C. 3354). For more details, please see 2 C.F.R. § 200.206.
Thus, the Financial Integrity Criteria may include the following risk-based considerations of the
applicant:
1. Financial stability.
2. Quality of management systems and ability to meet management standards.
3. History of performance in managing federal award.
4. Reports and findings from audits.
5. Ability to effectively implement statutory, regulatory, or other requirements.
D. Supplemental Financial Integrity Criteria and Review
Before making an award expected to exceed the simplified acquisition threshold (currently a
total federal share of $250,000) over the period of performance:
1. FEMA is required by 41 U.S.C. § 2313 to review or consider certain information found in
SAM.gov. For details, please see 2 C.F.R. § 200.206(a)(2).
2. An applicant may review and comment on any information in the
responsibility/qualification records available in SAM.gov.
3. Before making decisions in the risk review required by 2 C.F.R. § 200.206, FEMA will
consider any comments by the applicant.
E. Reviewers and Reviewer Selection
Subapplications are reviewed by appropriate FEMA headquarters and regional office staff.
FEMA will perform the evaluation for the National Competition according to the scoring criteria.
F. Merit Review Process
1. State/Territory Allocation
Applicants must rank their subapplications based on evaluation criteria established by the
applicant. FEMA will select eligible capability- and capacity-building activity and hazard
mitigation project subapplications from eligible states, territories, and the District of
Columbia in order of the applicant’s rank (#1–x) to the lowest ranked subapplication that
brings the total federal cost share to no more than $2,000,000 per applicant. In FEMA
GO, applicants will rank all subapplications. Subapplications submitted to the
State/Territory Allocation and subapplications submitted to the National Competition
should be categorized and ranked separately.
2. Tribal Set-Aside
Applicants must rank their subapplications based on evaluation criteria established by the
applicant. FEMA will select eligible capability- and capacity-building activity and hazard
mitigation project subapplications not to exceed a total of $50 million. In FEMA GO,
applicants will rank all subapplications.
In the event that more than $50 million in subapplications are submitted under the Tribal
Set-Aside, the capability- and capacity-building activities and highest-ranked hazard
mitigation project subapplications up to $50 million will be selected. Once the $50
million is selected, all remaining tribal hazard mitigation project subapplications will be
evaluated under the National Competition.
32 | P age

---

3. State/Territory Building Code Plus-Up
Applicants must rank their subapplications based on evaluation criteria established by the
applicant. FEMA will select eligible building code adoption and enforcement activity
subapplications from eligible states, territories, and the District of Columbia in order of
the applicant’s rank (#1–x) to the lowest ranked subapplication that brings the total
federal cost share to no more than $1,000,000 per applicant. Subapplications submitted to
the State/Territory Building Code Plus-Up must be categorized and ranked separately
from subapplications submitted to the State/Territory Allocation or the National
Competition. Building Code Plus-Up subapplications can only be submitted in the
Building Code Plus-Up category and cannot be submitted to the National Competition.
Specific building code activities that are directly tied to infrastructure may also be
submitted under the State/Territory Allocation. Building Code Plus-Up funds may only
be applied to eligible building code activities including companion codes (ex. energy
codes) and may not be used for other BRIC eligible projects or activities. Funds not
allocated to eligible building codes activities will result in loss of funds.
4. Tribal Building Code Plus-Up
Applicants must rank their subapplications based on evaluation criteria established by the
applicant. FEMA will select eligible building code adoption and enforcement activity
subapplications not to exceed a total of $25 million. Building Code Plus-Up funds may
only be applied to eligible building code activities including companion codes (ex.
energy codes) and may not be used for other eligible BRIC projects or activities. Funds
not allocated to eligible building codes activities will result in loss of funds.
If the total amount of eligible Tribal Building Code Plus-Up subapplications exceeds $25
million, FEMA will select subapplications based on the applicants ranking and/or
additional evaluation criteria established for this category, until the $25 million cap is
reached. Only eligible building code adoption and enforcement activities will be funded.
5. National Competition
FEMA will perform the evaluation review and scoring. In FEMA GO, applicants will
rank all subapplications. A project’s cumulative score will determine its priority order
among all projects considered in the National Competition.
FEMA may select a subapplication out of priority order (as determined by the total points
scored) based on one or more of the following factors: (1) availability of funding; (2) duplication
of subapplications; (3) alignment with administration, agency and program priorities, and (4)
policy factors to increase geographical distribution; or (5) other pertinent information, including
past performance on other FEMA awards or grant balances.
Eligible subapplications that have made it through the selections process but will not be funded
due to the limited availability of BRIC funding may be reviewed by other FEMA grant programs
for eligibility and alternative funding. FEMA retains discretion to award or not award
subapplications that have made it through the selections process based on the current
administration, agency and program priorities, and policy factors, including geographical
33 | P age

---

distribution. Additional information may be requested from the applicant to ensure all applicable
programmatic eligibility criteria are met.
G. Final Selection
After FEMA has completed its review of all subapplications across all activities/projects, it will
assign each of them one of the following three statuses:
• Identified for Further Review (IFFR) – This means the subapplication is selected and
there is available funding under the applicable subtotals. Additional information may be
requested from the applicant at this stage that may impact eligibility. Identified for
Further Review (IFFR) status does not automatically imply an award will be made.
FEMA retains discretion to make an award based on the current administration, agency
and program priorities, and policy factors, including geographical distribution.
Applicants with capability- and capacity-building activity and/or hazard mitigation
project subapplication(s) that are IFFR and submitted a management costs subapplication
in their BRIC grant application (see Section 4.D.1.) are eligible to receive recipient
management costs for subapplications that are awarded.
• Not Selected – This means the subapplication satisfies the basic eligibility or
completeness requirements. This status does not reflect eligibility determinations made if
it was subject to the cost-effectiveness and technical feasibility requirements.
• Does Not Meet HMA Requirements – This means the subapplication does not satisfy
the eligibility or completeness requirements. This status does not reflect eligibility
determinations made if it was subject to the cost-effectiveness and technical feasibility
requirements.
H. Appeals
An eligible applicant, subapplicant, recipient, or subrecipient may request an appeal of FEMA’s
denial of its application or subapplication for hazard mitigation projects, management costs, and
activities for which there is an indication of a substantive technical or procedural error.
The appeal must be submitted according to the following procedures:
• The applicant or recipient must submit an appeal in writing to FEMA within 60 days after
receipt of a notice of the action that is being appealed. The subapplicant or subrecipient
must submit its appeal in writing to the applicant or recipient, after which the applicant or
recipient must review and evaluate the subapplicant’s or subrecipient’s appeal before
submission to FEMA.
• For denials of applications or subapplications for hazard mitigation projects and
activities, the appeal must identify any substantive technical or procedural error
committed by FEMA, and FEMA will only consider the information provided in the
application or subapplication as supporting documentation.
The applicant, subapplicant, recipient, or subrecipient will be notified in writing of the
disposition of the appeal or the need for additional information. All appeal decisions are final.
34 | P age

---

8. Award Notices
A. Notice of Award
The Authorized Organization Representative should carefully read the federal award package
before accepting the federal award. The federal award package includes instructions on
administering the federal award as well as terms and conditions for the award.
By submitting an application, applicants agree to comply with the prerequisites stated in this
NOFO and the material terms and conditions of the federal award, should they receive an award.
FEMA will provide the federal award package to the applicant electronically via FEMA GO.
Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and
Obligating Document. An award package notification email is sent via the grant application
system to the submitting AOR.
Recipients must accept their awards no later than 30 days from the award date. Recipients shall
notify FEMA of their intent to accept the award and proceed with work via the FEMA GO
system.
Funds will remain on hold until the recipient accepts the award via FEMA GO and all other
conditions of the award have been satisfied, or until the award is otherwise rescinded. Failure to
accept a grant award within the specified timeframe may result in a loss of funds.
B. Pass-Through Requirements
Not applicable
C. Note Regarding Pre-Award Costs
Even if pre-award costs are allowed, beginning performance is at the applicant and/or sub-
applicant’s own risk.
D. Obligation of Funds
Funds are obligated upon award.
E. Notification to Unsuccessful Applicants
Unsuccessful applicants will be notified through FEMA GO and will be posted on the FEMA
website.
9. Post-Award Requirements and Administration
A. Administrative and National Policy Requirements
Presidential Executive Orders
Recipients must comply with the requirements of Presidential Executive Orders related to grants
(also known as federal assistance and financial assistance), the full text of which are incorporated
by reference. Pursuant to the preliminary injunction order issued on November 21, 2025, in
County of Santa Clara et al. v. Noem, et al., No. 25-cv-08330-WHO (N.D. Cal.), this
requirement does not apply to awards or subawards issued to any of the plaintiffs subject to the
preliminary injunction order while the order remains in effect. If the preliminary injunction is
35 | P age

---

stayed, vacated, or extinguished, this requirement will immediately become effective. Also,
pursuant to the preliminary injunction order issued on November 21, 2025, in City of Chicago et
al. v. Noem, et al., No. 25-CV-12765 (N.D. Ill.), this requirement does not apply to awards or
subawards issued to any of the plaintiffs subject to the preliminary injunction order while the
order remains in effect. If the preliminary injunction is stayed, vacated, or extinguished, this
requirement will immediately become effective.
In accordance with Executive Order 14305, Restoring American Airspace Sovereignty (June 6,
2025), and to the extent allowed by law, eligible state, local, tribal, and territorial grant recipients
under this NOFO are permitted to purchase unmanned aircraft systems, otherwise known as
drones, or equipment or services for the detection, tracking, or identification of drones and drone
signals, consistent with the legal authorities of state, local, tribal, and territorial agencies.
Recipients must comply with all applicable federal, state, and local laws and regulations, and
adhere to any statutory requirements on the use of federal funds for such unmanned aircraft
systems, equipment, or services.
Subrecipient Monitoring and Management
Pass-through entities must comply with the requirements for subrecipient monitoring and
management as set forth in 2 C.F.R. §§ 200.331-333.
B. DHS Standard Terms and Conditions
A recipient under this funding opportunity must comply with the DHS Standard Terms and
Conditions in effect as of the date of the federal award. The DHS Standard Terms and
Conditions are available online: DHS Standard Terms and Conditions | Homeland Security. For
continuation awards, the terms and conditions for the initial federal award will apply unless
otherwise specified in the terms and conditions of the continuation award. The specific version
of the DHS Standard Terms and Conditions applicable to the federal award will be in the federal
award package.
A recipient under this funding opportunity must comply with the FY 2025 Department of
Homeland Security Standard Terms and Conditions, v. 3 (Apr. 18, 2025), with the following
exceptions. Paragraph C.IX (Communication and Cooperation with the Department of Homeland
Security and Immigration Officials) and paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant
Award Certification regarding immigration) do not apply to any federal award under this funding
opportunity.
Pursuant to the preliminary injunction order issued on November 21, 2025, in County of Santa
Clara et al. v. Noem, et al., No. 25-cv-08330-WHO (N.D. Cal.), the following terms and
conditions do not apply to awards or subawards issued to any of the plaintiffs subject to the
preliminary injunction order while the order remains in effect: (1) Paragraph C.XVII of the DHS
Standard Terms and Conditions titled "Anti-Discrimination"; and (2) Paragraph C.XXXI of the
DHS Standard Terms and Conditions titled "Presidential Executive Orders". If the preliminary
injunction is stayed, vacated, or extinguished, Paragraph C.XVII and Paragraph C.XXXI will
immediately become effective. As stated above, Paragraph C.XVII(2)(a)(iii) of the DHS
36 | P age

---

Standard Terms and Conditions will not apply even if the preliminary injunction is stayed,
vacated, or extinguished.
Pursuant to the preliminary injunction order issued on November 21, 2025, in City of Chicago et
al. v. Noem, et al., No. 25-CV-12765 (N.D. Ill.), the following terms and conditions do not apply
to awards or subawards issued to any of the plaintiffs subject to the preliminary injunction order
while the order remains in effect: (1) Paragraph C.XVII of the DHS Standard Terms and
Conditions titled "Anti-Discrimination"; and (2) Paragraph C.XXXI of the DHS Standard Terms
and Conditions titled "Presidential Executive Orders". If the preliminary injunction is stayed,
vacated, or extinguished, Paragraph C.XVII and Paragraph C.XXXI will immediately become
effective. As stated above, Paragraph C.XVII(2)(a)(iii) of the DHS Standard Terms and
Conditions will not apply even if the preliminary injunction is stayed, vacated, or extinguished.
Pursuant to the preliminary injunction order issued on October 31, 2025, in City of Seattle v.
Trump, et al., No. 2:25-cv-01435-BJR (W.D. Wa.), the following terms and conditions do not
apply to awards or subawards issued to any of the plaintiffs subject to the preliminary injunction
order while the order remains in effect: Paragraph C.XVII of the DHS Standard Terms and
Conditions titled "Anti-Discrimination". If the preliminary injunction is stayed, vacated, or
extinguished, Paragraph C.XVII will immediately become effective. As stated above, Paragraph
C.XVII(2)(a)(iii) of the DHS Standard Terms and Conditions will not apply even if the
preliminary injunction is stayed, vacated, or extinguished.
The FY 2025 Department of Homeland Security Standard Terms and Conditions, v. 3 (Apr. 18,
2025) are available at www.dhs.gov/publication/dhs-standard-terms-and-conditions.
C. Financial Reporting Requirements
1. Recipients must report obligations and expenditures through a federal financial report.
The Federal Financial Report (FFR) form, also known as Standard Form 425 (SF-425), is
available online at: SF-425 OMB #4040-0014.
2. Recipients must submit the FFR quarterly throughout the period of performance (POP) as
detailed below:
Reporting Period Report Due Date
October 1 – December 31 January 30
January 1 – March 31 April 30
April 1 – June 30 July 30
July 1 – September 30 October 30
3. The final FFR is due within 120 calendar days after the end of the POP.
FEMA may withhold future federal awards and cash payments if the recipient does not submit
timely financial reports or the financial reports submitted demonstrate lack of progress or
provide insufficient detail.
D. Programmatic Performance Reporting Requirements
37 | P age

---

1. A Performance Progress Report must be submitted quarterly throughout the POP,
including partial calendar quarters, as well as for periods where no grant award activity
occurs.
2. A Performance Progress Report must include progress towards go/no-go milestones.
3. The Performance Progress Report must be submitted through FEMA GO using the
Quarterly Performance Progress Report.
4. Performance Progress Reports are due within 30 days from the end of the first federal
quarter following the initial grant award and thereafter until the grant ends.
E. Closeout Reporting Requirements
Within 120 days after the end of the period of performance, or after an amendment has been
issued to close out a federal award, recipients must submit the following:
1. The final request for payment, if applicable.
2. The final FFR.
3. The final progress report detailing all accomplishments. The recipient must include with
the final progress report an inventory of all construction projects.
4. A qualitative narrative summary of the impact of those accomplishments throughout the
period of performance.
5. Other documents required by this NOFO, terms and conditions of the federal award, or
other DHS Component guidance.
After FEMA approves these reports, it will issue a closeout notice. The notice will indicate the
period of performance as closed, list any remaining funds to be de-obligated, and address the
record maintenance requirement. Unless a longer period applies, such as due to an audit or
litigation, for equipment or real property used beyond the period of performance, or due to other
circumstances outlined in 2 C.F.R. § 200.334, this maintenance requirement is three years from
the date of the final FFR.
Also, pass-through entities are responsible for closing out those subawards as described in 2
C.F.R. § 200.344; subrecipients are still required to submit closeout materials within 90 calendar
days of the subaward period of performance end date. When a subrecipient completes all
closeout requirements, pass-through entities must promptly complete all closeout actions in time
for the recipient to submit all necessary documentation and information to FEMA during the
closeout of their prime award. The recipient is responsible for returning any balances of
unobligated or unliquidated funds that have been drawn down that are not authorized to be
retained per 2 C.F.R. § 200.344(e).
Administrative Closeout
Administrative closeout is a mechanism for FEMA to unilaterally execute closeout of an award.
FEMA will use available award information in lieu of final recipient reports, per 2 C.F.R. §
200.344(h)-(i). It is an activity of last resort, and if FEMA administratively closes an award, this
may negatively impact a recipient’s ability to obtain future funding. FEMA has up to one year to
complete the administrative closeout of the award.
Additional Reporting Requirements
38 | P age

---

Anytime there is a change in personnel for any of the awardees and/or subrecipients, their
information needs to be submitted for approval (all the previous personal information identified).
F. Disclosing Information per 2 C.F.R. § 180.335
Before entering into a federal award, the applicant must notify FEMA if it knows that the
applicant or any of the principals (as defined at 2 C.F.R. § 180.995) for the federal award:
1. Are presently excluded or disqualified;
2. Have been convicted within the preceding three years of any of the offenses listed in §
180.800(a) or had a civil judgment rendered against you for one of those offenses
within that time period;
3. Are presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with the commission of any of the
offenses listed in § 180.800(a); or
4. Have had one or more public transactions (Federal, State, or local) terminated within
the preceding three years for cause or default.
This requirement is fully described in 2 C.F.R. §180.335.
Additionally, 2 C.F.R. § 180.350 requires recipients to provide immediate notice to FEMA at
any time after entering a federal award if:
1. The recipient learns that either it failed to earlier disclose information as required by 2
C.F.R. § 180.335;
2. Due to changed circumstances, the applicant or any of the principals for the federal
award now meet the criteria at 2 C.F.R. § 180.335 listed above.
G. Reporting of Matters Related to Recipient Integrity and Performance
Appendix XII to 2 C.F.R. Part 200 states the terms and conditions for recipient integrity and
performance matters used for this funding opportunity.
If the total value of all active federal grants, cooperative agreements, and procurement contracts
for a recipient exceeds $10,000,000 at any time during the period of performance:
1. The recipient must maintain the currency of information reported in SAM.gov about
civil, criminal, or administrative proceedings described in paragraph 2 of Appendix XII;
2. The required reporting frequency is described in paragraph 4 of Appendix XII.
H. Single Audit Report
A recipient expending $1,000,000 or more in federal awards (as defined by 2 C.F.R. § 200.1)
during its fiscal year must undergo an audit. This may be either a single audit complying with 2
C.F.R. § 200.514 or a program-specific audit complying with 2 C.F.R. §§ 200.501 and 200.507.
Audits must follow 2 C.F.R. Part 200, Subpart F, 2 C.F.R. § 200.501, and the U.S. Government
Accountability Office (GAO) Generally Accepted Government Auditing Standards.
I. Monitoring and Oversight
Per 2 C.F.R. § 200.337, DHS and its authorized representatives have the right of access to any
records of the recipient or subrecipient pertinent to a Federal award to perform audits, site visits,
and any other official use. The right also includes timely and reasonable access to the recipient’s
39 | P age

---

or subrecipient’s personnel for the purpose of interview and discussion related to such
documents or the Federal award in general.
Pursuant to this right and per 2 C.F.R. § 200.329, DHS may conduct desk reviews and make site
visits to review and evaluate project accomplishments and management control systems as well
as provide any required technical assistance. Recipients and subrecipients must respond in a
timely and accurate manner to DHS requests for information relating to a federal award.
J. Program Evaluation
https://www.congress.gov/115/plaws/publ435/PLAW-115publ435.pdf Title I of the Foundations
for Evidence-Based Policymaking Act of 2018, Pub. L. No. 115-435 (2019) (Evidence Act),
PUBL435.PS urges federal agencies to use program evaluation as a critical tool to learn, improve
delivery, and elevate program service and delivery across the program lifecycle. Evaluation
means “an assessment using systematic data collection and analysis of one or more programs,
policies, and organizations intended to assess their effectiveness and efficiency.” Evidence Act, §
101 (codified at 5 U.S.C. § 311). OMB A-11, Section 290 (Evaluation and Evidence-Building
Activities) further outlines the standards and practices for evaluation activities. Federal agencies
are required to specify any requirements for recipient participation in program evaluation
activities (2 C.F.R. § 200.301). Program evaluation activities incorporated from the outset in the
NOFO, and program design and implementation allow recipients and agencies to meaningfully
document and measure progress and achievement towards program goals and objectives, and
identify program outcomes and lessons learned, as part of demonstrating recipient performance
(2 C.F.R. § 200.301).
As such, recipients and subrecipients are required to participate in a Program Office (PO) or a
DHS Component-led evaluation, if selected. This may be carried out by a third-party on behalf
of the PO or the DHS Component. Such an evaluation may involve information collections
including, but not limited to, records of the recipients; surveys, interviews, or discussions with
individuals who benefit from the federal award, program operating personnel, and award
recipients; and site visits or other observation of recipient activities, as specified in a DHS
Component or PO-approved evaluation plan. More details about evaluation requirements may be
provided in the federal award, if available at that time, or following the award as evaluation
requirements are finalized. Evaluation costs incurred during the period of performance are
allowable costs (either as direct or indirect) in accordance with 2 C.F.R.§ 200.413. Recipients
and subrecipients are also encouraged, but not required, to participate in any additional
evaluations after the period of performance ends, although any costs incurred to participate in
such evaluations are not allowable and may not be charged to the federal award.
K. Additional Performance Reporting Requirements
Not applicable
L. Termination of Federal Award
1. Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 sets forth a term
and condition entitled “Termination of a Federal Award.” The termination provision
condition listed below applies to the grant award and the term and condition in Paragraph
C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 does not.
40 | P age

---

2. Termination of the Federal Award by FEMA
FEMA may terminate the federal award in whole or in part for one of the following reasons
identified in 2 C.F.R. § 200.340:
a. If the recipient or subrecipient fails to comply with the terms and conditions of the
federal award.
b. With the consent of the recipient, in which case FEMA and the recipient must agree upon
the termination conditions. These conditions include the effective date and, in the case of
partial termination, the portion to be terminated.
c. If the federal award no longer effectuates the program goals or agency priorities. Under
this provision, FEMA may terminate the award for these purposes if any of the following
reasons apply:
i. If DHS/FEMA, in its sole discretion, determines that a specific award objective is
ineffective at achieving program goals as described in this NOFO;
ii. If DHS/FEMA, in its sole discretion, determines that an objective of the award as
described in this NOFO will be ineffective at achieving program goals or agency
priorities;
iii. If DHS/FEMA, in its sole discretion, determines that the design of the grant
program is flawed relative to program goals or agency priorities;
iv. If DHS/FEMA, in its sole discretion, determines that the grant program is not
aligned to either the DHS Strategic Plan, the FEMA Strategic Plan, or successor
policies or documents;
v. If DHS/FEMA, in its sole discretion, changes or re-evaluates the goals or
priorities of the grant program and determines that the award will be ineffective at
achieving the updated program goals or agency priorities; or
vi. For other reasons based on program goals or agency priorities described in the
termination notice provided to the recipient pursuant to 2 C.F.R. § 200.341.
vii. If the awardee falls out of compliance with the Agency’s statutory or regulatory
authority, award terms and conditions, or other applicable laws.
3. Termination of a Subaward by the Pass-Through Entity
The pass-through entity may terminate a subaward in whole or in part for one of the
following reasons identified in 2 C.F.R. § 200.340:
a. If the subrecipient fails to comply with the terms and conditions of the federal award.
b. With the consent of the subrecipient, in which case the pass-through entity and the
subrecipient must agree upon the termination conditions. These conditions include the
effective date and, in the case of partial termination, the portion to be terminated.
c. If the pass-through entity’s award has been terminated the pass-through recipient will
terminate its subawards.
4. Termination by the Recipient or Subrecipient
41 | P age

---

The recipient or subrecipient may terminate the federal award in whole or in part for the
following reason identified in 2 C.F.R. § 200.340: Upon sending FEMA or pass-through
entity a written notification of the reasons for such termination, the effective date, and, in the
case of partial termination, the portion to be terminated. However, if FEMA or pass-through
entity determines that the remaining portion of the federal award will not accomplish the
purposes for which the federal award was made, FEMA or pass-through entity may terminate
the federal award in its entirety.
5. Impacts of Termination
a. When FEMA terminates the federal award prior to the end of the period of performance
due to the recipient’s material failure to comply with the terms and conditions of the
federal award, FEMA will report the termination in SAM.gov in the manner described at
2 C.F.R. § 200.340(c).
b. When the federal award is terminated in part or its entirety, FEMA or pass-through entity
and recipient or subrecipient remain responsible for compliance with the requirements in
2 C.F.R. §§ 200.344 and 200.345.
6. Notification requirements
FEMA or the pass-through entity must provide written notice of the termination in a manner
consistent with 2 C.F.R. § 200.341. The federal award will be terminated on the date of the
notification unless stated otherwise in the notification.
7. Opportunities to Object and Appeals
Where applicable, when FEMA terminates the federal award, the written notification of
termination will provide the opportunity and describe the process to object and provide
information challenging the action, pursuant to 2 C.F.R. § 200.342.
8. Effects of Suspension and Termination
The allowability of costs to the recipient or subrecipient resulting from financial obligations
incurred by the recipient or subrecipient during a suspension or after the termination of a
federal award are subject to 2 C.F.R. § 200.343.
M. Best Practices
While not a requirement in the DHS Standard Terms and Conditions, as a best practice:
Entities receiving funds through this program should ensure that cybersecurity is integrated
into the design, development, operation, and maintenance of investments that impact
information technology (IT) and/ or operational technology (OT) systems. Additionally,
“The recipient and subrecipient must take reasonable cybersecurity and other measures to
safeguard information including protected personally identifiable information (PII) and other
types of information.” 2 C.F.R. § 200.303(e).
N. Payment Information
42 | P age

---

Recipients will submit payment requests in FEMA GO for awards associated with this
funding opportunity under this program.
Instructions to Grant Recipients Pursuing Payments
FEMA reviews all grant payments and obligations to ensure allowability in accordance with
2 C.F.R. § 200.305. These measures ensure funds are disbursed appropriately while
continuing to support and prioritize communities who rely on FEMA for assistance. Once a
recipient submits a payment request, FEMA will review the request. If FEMA approves a
payment, recipients will be notified by FEMA GO and the payment will be delivered
pursuant to the recipient’s SAM.gov financial information. If FEMA disapproves a payment,
FEMA will inform the recipient.
Processing and Payment Timeline
FEMA must comply with regulations governing payments to grant recipients. See 2 C.F.R. §
200.305. For grant recipients other than States, 2 C.F.R. § 200.305(b)(3) stipulates that
FEMA is to make payments on a reimbursement basis within 30 days after receipt of the
payment request, unless FEMA reasonably believes the request to be improper. For state
recipients, 2 C.F.R. § 200.305(a) instructs that federal grant payments are governed by
Treasury-State Cash Management Improvement Act (CMIA) agreements ("Treasury-State
agreement") and default procedures codified at 31 C.F.R. part 205 and Treasury Financial
Manual (TFM) 4A-2000, "Overall Disbursing Rules for All Federal Agencies." See 2 C.F.R.
§ 200.305(a).
Treasury-State agreements generally apply to "major federal assistance programs” that are
governed by 31 C.F.R. part 205, subpart A and are identified in the Treasury-State
agreement. 31 C.F.R. §§ 205.2, 205.6. Where a federal assistance (grant) program is not
governed by subpart A, payment and funds transfers from FEMA to the state are subject to
31 C.F.R. part 205, subpart B. Subpart B requires FEMA to "limit a funds transfer to a
state to the minimum amounts needed by the state and must time the disbursement to be in
accord with the actual, immediate cash requirements of the state in carrying out a
federal assistance program or project. The timing and amount of funds transfers must be as
close as is administratively feasible to a state's actual cash outlay for direct program costs and
the proportionate share of any allowable indirect costs." 31 C.F.R. § 205.33(a). Nearly all
FEMA grants are not “major federal assistance programs.” As a result, payments to states for
those grants are subject to the "default” rules of 31 C.F.R. part 205, subpart B.
If additional information is needed, a request for information will be issued by FEMA to the
recipient; recipients are strongly encouraged to respond to any additional FEMA request for
information inquiries within three business days. If an adequate response is not received, the
request may be denied, and the entity may need to submit a new reimbursement request; this
will re-start the 30-day timeline.
Submission Process
All non-disaster grant program reimbursement requests must be reviewed and approved by
FEMA prior to drawdowns.
43 | P age

---

For all non-disaster reimbursement requests (regardless of system), please ensure submittal
of the following information:
1. Grant ID / Award Number
2. Total amount requested for drawdown
3. Purpose of drawdown and timeframe covered (must be within the award performance
period)
4. Subrecipient Funding Details (if applicable).
• Is funding provided directly or indirectly to a subrecipient?
o If no, include statement “This grant funding is not being directed to a
subrecipient.”
• If yes, provide the following details:
o The name, mission statement, and purpose of each subrecipient receiving
funds, along with the amount allocated and the specific role or activity being
reimbursed.
o Whether the subrecipient’s work or mission involves supporting aliens,
regardless of whether FEMA funds support such activities.
o Whether the payment request includes an activity involving support to aliens.
o Whether the subrecipient has any diversity, equity, and inclusion practices.3
5. Supporting documentation to demonstrate that expenses are allowable, allocable,
reasonable, and necessary under 2 CFR part 200 and in compliance with the grant’s
NOFO, award terms, and applicable federal regulations.
O. Immigration Conditions
A recipient under this funding opportunity must comply with the FY 2025 Department of
Homeland Security Standard Terms and Conditions, v. 3 (Apr. 18, 2025), unless an exception
applies as stated in this Notice of Funding Opportunity. As stated above, Paragraph C.IX
(Communication and Cooperation with the Department of Homeland Security and Immigration
Officials) and paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certification
regarding immigration) do not apply to any federal award under this funding opportunity. The
3 Pursuant to the preliminary injunction order issued on November 21, 2025, in County of Santa Clara et al. v.
Noem, et al., No. 25-cv-08330-WHO (N.D. Cal.), Paragraph C.XVII of the DHS Standard Terms and Conditions
titled "Anti-Discrimination" does not apply to awards or subawards issued to any of the plaintiffs subject to the
preliminary injunction order while the order remains in effect. If the preliminary injunction is stayed, vacated, or
extinguished, Paragraph C.XVII will immediately become effective.
Pursuant to the preliminary injunction order issued on November 21, 2025, in City of Chicago et al. v. Noem, et al.,
No. 25-CV-12765 (N.D. Ill.), Paragraph C.XVII of the DHS Standard Terms and Conditions titled "Anti-
Discrimination" does not apply to awards or subawards issued to any of the plaintiffs subject to the preliminary
injunction order while the order remains in effect. If the preliminary injunction is stayed, vacated, or extinguished,
Paragraph C.XVII will immediately become effective.
Pursuant to the preliminary injunction order issued on October 31, 2025, in City of Seattle v. Trump, et al., No. 2:25-
cv-01435-BJR (W.D. Wa.), Paragraph C.XVII of the DHS Standard Terms and Conditions titled "Anti-
Discrimination" does not apply to awards or subawards issued to any of the plaintiffs subject to the preliminary
injunction order while the order remains in effect. If the preliminary injunction is stayed, vacated, or extinguished,
Paragraph C.XVII will immediately become effective.
As stated above, Paragraph C.XVII(2)(a)(iii) of the DHS Standard Terms and Conditions will not apply even if any
of these preliminary injunctions are stayed, vacated, or extinguished.
44 | P age

---

FY 2025 Department of Homeland Security Standard Terms and Conditions, v. 3 (Apr. 18, 2025)
are available at www.dhs.gov/publication/dhs-standard-terms-and-conditions.
10. Other Information
A. Period of Performance Extension Requests
Extensions to the period of performance (POP) for this program are allowed but are not
automatic. Recipients must submit formal, written extension requests to FEMA at least 90 days
prior to the award POP expiration. Recipients are advised to coordinate with the FEMA Regional
Hazard Mitigation Assistance Specialist as needed when preparing an extension request. All
extension requests must address the following criteria:
1. Timely request: Extension requests must be made at least 90 days prior to the award
POP expiration.
2. Status and Evidence of Substantial Activity:
a. Program name, fiscal year, and award number;
b. Status of key activities;
c. Recent progress/performance reports demonstrate meaningful progress (e.g.,
implementation underway, contracts executed, drawdowns occurring).
3. Reporting and compliance: All required programmatic and financial reports must be
current, accurate and submitted. There must be no substantial unresolved monitoring
findings or compliance issues.
4. Justification for Extension: The request must include a clear explanation of the specific
issue(s) requiring more time, including external or mitigating circumstances.
5. Budget: The request must include a summary of remaining federal and non-federal funds
and how they will be used during the extended period of performance.
6. Completion Plan: The request must include an updated plan for completion, including
major milestones, timeframes and responsible parties, and confirmation that the
work/project can be completed within the requested extension without significant scope
changes.
7. Appropriations Limits: The period of performance must not exceed 8-years.
Extension requests will be granted only when compelling legal, policy or operational factors
exist, including:
1. Contractual commitments with vendors that cannot be completed within the period of
performance;
2. Environmental planning or historic preservation reviews that extend beyond the current
period of performance;
3. Long-duration projects whose acceleration would undermine program objectives;
4. The delay is FEMA’s fault; or
5. Other documented extenuating circumstances.
No additional federal funds will be awarded as part of POP extensions. Recipients should submit
all proposed extension requests to FEMA for review and approval at least 90 days prior to the
end of the POP to allow sufficient processing time.
B. Other Information
45 | P age

---

a. Environmental Planning and Historic Preservation (EHP) Compliance
FEMA is required to consider effects of its actions on the environment and historic properties to
ensure that activities, grants, and programs funded by FEMA comply with federal EHP laws,
Executive Orders, regulations, and policies.
Recipients and subrecipients proposing projects with the potential to impact the environment or
cultural resources, such as the modification or renovation of existing buildings, structures, and
facilities, and/or new construction and/or replacement of buildings, structures, and facilities,
must participate in the FEMA EHP review process. This includes conducting early engagement
to help identify EHP resources, such as threatened or endangered species or historic properties;
submitting a detailed project description with supporting documentation to determine whether
the proposed project has the potential to impact EHP resources; and, identifying mitigation
measures and/or alternative courses of action that may lessen impacts to those resources.
FEMA is sometimes required to consult with other regulatory agencies and the public in order to
complete the review process. Federal law requires EHP review to be completed before federal
funds are released to carry out proposed projects. FEMA may not be able to fund projects that
are not in compliance with applicable EHP laws, Executive Orders, regulations, and policies.
FEMA may recommend mitigation measures and/or alternative courses of action to lessen
impacts to EHP resources and bring the project into EHP compliance.
EHP guidance is found at Environmental Planning and Historic Preservation. The site contains
links to documents identifying agency EHP responsibilities and program requirements, such as
implementation of the National Environmental Policy Act and other EHP laws, regulations, and
Executive Orders. DHS and FEMA EHP policy is also found in the EHP Directive & Instruction.
All FEMA actions, including grants, must comply with National Flood Insurance Program
(NFIP) criteria or any more restrictive federal, state, or local floodplain management standards or
building code (44 C.F.R. § 9.11(d)(6)). For actions located within or that may affect a floodplain
or wetland, the following alternatives must be considered: a) no action; b) alternative locations.
Executive Orders 11988 and 11990: Protection of Wetlands, require that all federal actions in or
affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated
for social, economic, historical, environmental, legal and safety considerations. FEMA’s
regulations at 44 C.F.R. Part 9 implement the EOs and require an 8-step review process if a
proposed action is located in a floodplain or wetland or has the potential to affect or be affected
by a floodplain or wetland.
The regulation also requires that the federal agency provide public notice of the proposed action
at the earliest possible time to provide the opportunity for public involvement in the decision-
making process (44 C.F.R. § 9.8). Where there is no opportunity to relocate the federal action,
FEMA is required to undertake a detailed review to determine what measures can be taken to
minimize future damages to the floodplain or wetland.
Through this NOFO, FEMA is giving initial public notice of grant opportunities that may be
funded under the Building Resilient Infrastructure and Communities program, consistent with the
46 | P age

---

requirements of Section 9.8. The public is invited to participate in the process of identifying
alternatives to locating a proposed project in the floodplain or wetland and analyzing the impacts
of the alternatives on the floodplain or wetland. Comments may be provided by emailing FEMA-
OEHP-NOFOQuestions@fema.dhs.gov within 15 days of BRIC grant selections. While
analyzing alternatives, FEMA may determine there are no practicable alternatives to carrying out
the proposed work within the floodplain or wetland. Relocating facilities may not be practicable
and could adversely impact affected communities socially and economically.
In addition, no alternative actions may be practicable that serve the same purpose and have less
potential to affect or be affected by the floodplain. In the course of developing project proposals,
subsequent project specific public notices will be published, if necessary, as more detailed
information becomes available.
The GPD EHP screening form is located at
https://www.fema.gov/sites/default/files/documents/fema_ehp-screening_form_ff-207-fy-21-
100_5-26-2021.pdf.
Additionally, all recipients under this funding opportunity are required to comply with the
FEMA GPD EHP Policy Guidance, FEMA Policy #108-023-1, available at
https://www.fema.gov/sites/default/files/documents/fema_gpd-ehp-policy-guidance.pdf.
b. Procurement Integrity
When purchasing under a FEMA award, recipients and subrecipients must comply with the
federal procurement standards in 2 C.F.R. §§ 200.317-200.327. To assist with determining
whether an action is a procurement or instead a subaward, please consult 2 C.F.R. § 200.331.
For detailed guidance on the federal procurement standards, recipients and subrecipients should
refer to various materials issued by FEMA’s Procurement Disaster Assistance Team (PDAT).
Additional resources, including an upcoming trainings schedule can be found on the PDAT
Website: https://www.fema.gov/grants/procurement.
Under 2 C.F.R. § 200.317 when procuring property and services under a federal award, States
(including territories) and Indian Tribes, must follow the same policies and procedures they use
for procurements from their non-federal funds; additionally, states and Indian Tribes must now
follow 2 CFR § 200.322, regarding domestic preferences for Procurements and 2 CFR §
200.327 regarding required contract provisions.
Local government and nonprofit recipients or subrecipients must have and use their own
documented procurement procedures that reflect applicable State, Local, Tribal, and Territorial
(SLTT) laws and regulations, provided that the procurements conform to applicable federal law
and the standards identified in 2 C.F.R. Part 200.
1. Important Changes to Procurement Standards in 2 C.F.R. Part 200
On April 22, 2024, OMB updated various parts of Title 2 of the Code of Federal Regulations,
among them the procurement standards. These revisions apply to all FEMA awards with a
federal award date or disaster declaration date on or after October 1, 2024, unless specified
47 | P age

---

otherwise. The changes include updates to the federal procurement standards, which govern how
FEMA award recipients and subrecipients must purchase under a FEMA award.
More information on OMB’s revisions to the federal procurement standards can be found in
Purchasing Under a FEMA Award: 2024 OMB Revisions Fact Sheet.
2. Competition and Conflicts of Interest
2 CFR §200.319(b) , applicable to local government and nonprofit recipients or subrecipients,
requires that contractors that develop or draft specifications, requirements statements of work, or
invitations for bids or requests for proposals must be excluded from competing for such
procurements. FEMA considers these actions to be an organizational conflict of interest and
interprets this restriction as applying to contractors that help a recipient or subrecipient develop
its grant application, project plans, or project budget. This prohibition also applies to the use of
former employees to manage the grant or carry out a contract when those former employees
worked on such activities while they were employees of the recipient or subrecipient.
Under this prohibition, unless the recipient or subrecipient solicits for and awards a contract
covering both development and execution of specifications (or similar elements as described
above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317-200.327,
federal funds cannot be used to pay a contractor to carry out the work if that contractor also
worked on the development of those specifications. This rule applies to all contracts funded with
federal grant funds, including pre-award costs, such as grant writer fees, as well as post- award
costs, such as grant management fees.
In addition to organizational conflicts of interest, situations considered to be restrictive of
competition include, but are not limited to:
• Placing unreasonable requirements on firms for them to qualify to do business;
• Requiring unnecessary experience and excessive bonding;
• Noncompetitive pricing practices between firms or between affiliated companies;
• Noncompetitive contracts to consultants that are on retainer contracts;
• Specifying only a “brand name” product instead of allowing “an equal” product to be
offered and describing the performance or other relevant requirements of the
procurement; and
• Any arbitrary action in the procurement process.
Under 2 C.F.R§ 200.318(c)(1) , local government and nonprofit recipients or subrecipients are
required to maintain written standards of conduct covering conflicts of interest and governing the
actions of their employees engaged in the selection, award, and administration of contracts. No
employee, officer, or agent may participate in the selection, award, or administration of a
contract supported by a federal award if he or she has a real or apparent conflict of
interest. Such conflicts of interest would arise when the employee, officer or agent, any
member of his or her immediate family, his or her partner, or an organization that
employs or is about to employ any of the parties indicated herein, has a financial or other
48 | P age

---

interest in or a tangible personal benefit from a firm considered for a contract. The officers,
employees, and agents of the recipient or subrecipient may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. However, the recipient or subrecipient may set standards for situations in
which the financial interest is not substantial, or the gift is an unsolicited item of nominal
value. The recipient’s or subrecipient’s standards of conduct must provide for disciplinary
actions to be applied for violations of such standards by officers, employees, or agents.
Under 2 C.F.R. 200.318(c)(2), if the local government and nonprofit recipient or subrecipient has
a parent, affiliate, or subsidiary organization that is not a SLTT government, the recipient or
subrecipient must also maintain written standards of conduct covering organizational conflicts of
interest. Organizational conflict of interest means that because of a relationship with a parent
company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears
to be unable to be impartial in conducting a procurement action involving a related organization.
The recipient or subrecipient must disclose in writing any potential conflicts of interest to FEMA
or the pass-through entity in accordance with applicable FEMA policy.
3. Supply Schedules and Purchasing Programs
Generally, a recipient or subrecipient may seek to procure goods or services from a federal supply
schedule, state supply schedule, or group purchasing agreement.4. Procurement Documentation
Per 2 C.F.R. § 200.318(i), local government and nonprofit recipients or subrecipients are
required to maintain and retain records sufficient to detail the history of procurement covering at
least the rationale for the procurement method, selection of contract type, contractor selection or
rejection, and the basis for the contract price. States and Indian Tribes are reminded that in order
for any cost to be allowable, it must be adequately documented per 2 CFR §200.403(g).
Examples of the types of documents that would cover this information include, but are not
limited to:
• Solicitation documentation, such as requests for quotes, invitations for bids, or requests
for proposals;
• Responses to solicitations, such as quotes, bids, or proposals;
• Pre-solicitation independent cost estimates and post-solicitation cost/price analyses on file
for review by federal personnel, if applicable;
• Contract documents and amendments, including required contract provisions; and
• Other documents required by federal regulations applicable at the time a grant is awarded
to a recipient.
c. Financial Assistance Programs for Infrastructure
1. Recipients and subrecipients must comply with FEMA’s implementation requirements of the
Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure
Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order
14005, Ensuring the Future is Made in All of America by All of America’s Workers. See also 2
49 | P age

---

C.F.R. Part 184, Buy America Preferences for Infrastructure Projects and Office of Management
and Budget (OMB), Memorandum M-24-02, Implementation Guidance on Application of Buy
America Preference in Federal Financial Assistance Programs for Infrastructure.
None of the funds provided under this program may be used for a project for infrastructure unless
the iron and steel, manufactured products, and construction materials used in that infrastructure
are produced in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed
in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought to the construction site and
removed at or before the completion of the infrastructure project. Nor does a Buy America
preference apply to equipment and furnishings, such as movable chairs, desks, and portable
computer equipment, that are used at or within the finished infrastructure project but are not an
integral part of the structure or permanently affixed to the infrastructure project.
To see whether a particular FEMA federal financial assistance program is considered an
infrastructure program and thus required to implement FEMA’s Build America, Buy America
requirements, please see Programs and Definitions: Build America, Buy America Act |
FEMA.gov
2. Waivers
When necessary, recipients (and subrecipients through their pass-through entity) may apply for,
and FEMA may grant, a waiver from these requirements.
A waiver of the domestic content procurement preference may be granted by the agency
awarding official if FEMA determines that:
• Applying the domestic content procurement preference would be inconsistent with the
public interest, or
• 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, or
• 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%.
The process for requesting a waiver from the Buy America preference requirements can be found
on FEMA’s website at: "Buy America" Preference in FEMA Financial Assistance Programs for
Infrastructure | FEMA.gov.
3. Definitions
For definitions of the key terms of the Build America, Buy America Act, please visit Programs
and Definitions: Build America, Buy America Act | FEMA.gov.
d. Mandatory Disclosures
50 | P age

---

[Document continues — 5 more pages]