2024 California Conservation Contribution Agreements

2024 California Conservation Contribution Agreements is sponsored by USDA NRCS California. Seeks projects that enhance climate resilience in California agriculture, focusing on water quality, soil health, and drought resilience.

# USDA NRCS California – Conservation Contribution Agreements # Notice of Funding Opportunity (NFO) # No. USDA-NRCS-CA-MULTI-24-NOFO0001335 1 Notice of Funding Opportunity (NFO) Federal Awarding Agency Name: U.S. Department of Agriculture – Natural Resources Conservation Service Notice of Funding Opportunity Title: 2024 California Conservation Contribution Agreements Notice of Funding Opportunity Number: USDA-NRCS-CA-MULTI-24-NOFO0001335 Assistance Listing: This program is listed in the Assistance Listings (previously referred to as the Catalog of Federal Financial Assistance) on Sam.

gov under , which can be found at : https://sam. gov/content/home . 10.

902 Soil and Water Conservation (CTA): 16 U.S.C. 590a-f, 590q 10. 912 Environmental Quality Incentives Program (EQIP): 16 U.S.C.

3839aa et seq. 10. 924 Conservation Stewardship Program (CSP): 16 U.S.C.

3839aa-21 et seq. 10. 931 Agricultural Conservation Easement Program (ACEP): 16 U.S.C.

3865 et seq. 10. 069 Conservation Reserve Program (CRP): 16 U.S.C 3831-3835a SAM is a web-based, government-wide application that collects, validates, stores, and disseminates business information about the federal government's trading partners in support of the contract awards, grants, and electronic payment processes.

Notice of Funding Opportunity Summary This Notice of Funding Opportunity (NFO) is being released prior to appropriation and/or apportionment of funds for fiscal year 2024. Enactment of additional continuing resolutions or an appropriations act may affect the availability or level of funding for this program. For new users of Grants.

gov, see Section D. of the full Notice of Funding Opportunity for information about steps required before submitting an application via Grants. gov. Applicants must submit their applications via Grants.

gov by 11:59 pm Eastern Time on Monday, April 8, 2024. For technical issues with Grants. gov, contact Grants.

gov Applicant Support at 1-800-518-4726 or support@grants. gov . Awarding agency staff cannot support applicants regarding Grants.

gov accounts. 2 For inquiries specific to the content of the NFO requirements, contact the federal awarding agency contact (section G of this NFO). Please limit questions to those regarding specific information contained in this NFO (such as dates, page numbers, clarification of discrepancies, etc.).

Questions related to eligibility, or the merits of a specific proposal will not be addressed. The agency anticipates making selections by Friday, May 3, 2024, and expects to execute awards by Friday, September 6, 2024 . These dates are estimates and are subject to change.

Federal Funding Floor and Ceiling Amounts The estimated funding floor for this opportunity is $25,000. 00, and the estimated funding ceiling is $150,000. 00 .

The funding floor means the minimum agreement funding amount for the Federal share per agreement awarded. The ceiling is the maximum agreement funding amount for the Federal share per agreement awarded. These numbers refer to the total agreement amount, not any specific budget period.

Federal Financial Assistance Training The funding available through this NFO is Federal financial assistance. Grants 101 Training is highly recommended for those seeking knowledge about Federal financial assistance. The training is free and available to the public via https://www.

cfo. gov/resources/federal-financial- It consists of five modules covering each of the following topics: 1) laws, regulations, and guidance; 2) financial assistance mechanisms; 3) uniform guidance administrative requirements; 4) cost principles; and 5) risk management and single audit. FPAC agencies also apply Federal financial assistance regulations to certain non-assistance awards (e.g., non-assistance cooperative agreements).

3 A. PROGRAM DESCRIPTION .............................................................................................. 4 B.

FEDERAL AWARD INFORMATION .............................................................................. 6 1. Available Funding ......................................................................................................

6 2. Type of Award ........................................................................................................... 7 C.

ELIGIBILITY INFORMATION .......................................................................................... 8 1. Eligible Applicants .....................................................................................................

8 2. Other ........................................................................................................................... 8 3.

Match .......................................................................................................................... 9 D. APPLICATION AND SUBMISSION INFORMATION ..................................................

9 1. Information for New Users of Grants. gov .............................................................

9 2. Electronic Application Package ............................................................................. 13 3.

Content and Form of Application Submission .................................................... 13 4. Submission Dates and Times and Correspondence ...........................................

20 5. Intergovernmental Review ..................................................................................... 20 6.

Funding Restrictions ............................................................................................... 20 E. APPLICATION REVIEW INFORMATION ...................................................................

22 1. Review and Selection Process ............................................................................... 22 2.

Merit/Technical Criteria ......................................................................................... 22 3. Administrative and Risk Criteria ............................................................................

23 4. Awards Over the Simplified Acquisition Threshold (if applicable) ................... 24 F.

FEDERAL AWARD ADMINISTRATION INFORMATION ......................................... 25 1. Federal Award Notices ...........................................................................................

25 2. Administrative and National Policy Requirements ............................................. 25 3.

Reporting .................................................................................................................. 26 4. Audit Requirements ................................................................................................

26 G. FEDERAL AWARDING AGENCY CONTACT ............................................................. 27 H.

OTHER INFORMATION ................................................................................................ 27 APPENDIX A - Instructions for Completing SF424 APPENDIX B – Instructions for Completing SF424A APPENDIX C – Budget Narrative Guidance 4 The authorizing statutes and regulations for this opportunity are : 10. 902 Soil and Water Conservation (CTA): 16 U.S.C.

590a-f, 590q, 7 CFR part 610 10. 912 Environmental Quality Incentives Program (EQIP): 16 U.S.C. 3839aa et seq.

7 CFR part 1466 10. 924 Conservation Stewardship Program (CSP): 16 U.S.C. 3839aa-21 et seq.

, 7 CFR part 1470 10. 931 Agricultural Conservation Easement Program (ACEP): 16 U.S.C. 3865 et seq.

, 7 CFR 1468 10. 069 Conservation Reserve Program (CRP): 16 U.S.C 3831-3835a, 7 CFR 1410 The goals and objectives of this program are: • Use climate-smart management and sound science to enhance the health and productivity of • Lead efforts to adapt to the consequences of climate change in agriculture and forestry.

• Restore, protect, and conserve watersheds to ensure clean, abundant, and continuous provision • Increase carbon sequestration, reduce greenhouse gas emissions, and economic opportunities (and develop low-carbon energy solutions). • Protect agricultural health by minimizing major diseases, pests, and wildlife conflicts. • Build resilient food systems, infrastructure, and supply chain.

• Increase food security through assistance and access to nutritious and affordable food • Increase capacity, sustainability, and economic vitality in rural and tribal communities. • Promote environmental justice by maximizing sustainable and green economic development in rural and tribal communities.

• Foster a culture of civil rights, diversity, equity, inclusion, accessibility, transparency, and • Establish a customer-centric, inclusive, high-performing workforce that is representative of America and the communities we serve. The purpose of these conservation agreements is to address the following objectives in all areas of California, as applicable.

Consideration will be given to collaborative efforts that address needs within geographical watersheds, ground water basins, air basins or other conservation-focused boundaries. California NRCS seeks to leverage the ability to directly serve farmers, ranchers, and forest stewards with natural resource concerns.

California engages with a full spectrum of producers and partners to address agricultural resource concerns including Tribes, Historically Underserved, Urban, and other community conservation efforts. We are continuously working to expand our conservation footprint in all communities in California and will prioritize new partnership opportunities.

For Fiscal year 2024, California is prioritizing the following partnership opportunities: 5 • Deliver conservation education and support program implementation for support of Tribal food systems • Increase NRCS capacity to provide technical and/or financial assistance to historically underserved producers in any USDA-NRCS program • Increase capacity of NRCS to provide engineering assistance to farmers, ranchers, and forestry operators at the field level • Increase capacity for producers to adopt higher levels of conservation required for the Conservation Stewardship Program • Provide or facilitate outreach that directly yields new customers who have not previously received or participated in USDA-NRCS programs • Increase capacity of NRCS to deliver technical and financial assistance in high workload offices • Increasing capacity of NRCS to implement Farm Bill programs at the community level across multiple counties • Conduct landscape level planning to enhance rapid delivery of NRCS conservation programs and provide documentation that supports outcomes of conservation measures Proposed projects must be performed in California.

The agreement can meet the above priorities a variety of ways, however, examples of past successful agreement objectives are provided below to demonstrate the types of activities the agency has funded in the past. This is not an exhaustive list: 1. Planning: Completion of or assistance with resource concern identification at the farm, watershed, or other applicable scale to address the targeted objective.

May include: a. inventory of resources and analyzing resource data both in the office or in the field b. use of agency-approved resource assessment tools c.

completion of or assistance with determining resource objectives d. assisting with and participating in the formulation of conservation alternatives and evaluation of conservation alternatives e. assisting land stewards with decision making 2.

Systems Data Management: During conservation program application periods, with direction from NRCS leads: a. direct input and development of plans in Conservation Desktop, where applicable. b.

assist with applicant data entry and data management in ProTracts, Conservation Desktop and/or Conservation Assessment Ranking Tool 3. Implementation: Practice, enhancement, and activity implementation assistance. May include: a.

conducting practice implementation workshops 6 b. preparing practice implementation requirements or enhancement job sheets c. preparation of design, layout, construction instructions, inspection, management operation or maintenance information d.

conducting field inspections and preparing check-out notes/documentation for conservation practices e. coordination of state and local regulatory permits/consultations to support NRCS funded projects f. support activities for environmental evaluations and documentation 4.

Evaluation: Evaluation of the effectiveness of the plan in solving the resource concerns as implemented. May include: a. follow-up field observations or documentation of results b.

monitoring and evaluation actions c. review of operation and maintenance actions 5. Outreach/Education: Assisting with and participating in announcements of technical and financial assistance opportunities for conservation planning on private lands.

May include: a. participation in outreach events and workshops to share NRCS opportunities b. coordination of local needs assessments and workgroup events c.

partner/stakeholder coordination efforts d. content publication and/or materials distribution e. language and communication services f.

identification and assistance with participation barriers Proposals will be screened for completeness and compliance under the provisions of this notice. Evaluated proposals will be forwarded to the NRCS State Conservationist who will make the final selections. Research proposals will not be accepted under this announcement.

B. FEDERAL AWARD INFORMATION The Federal funding agency expects to award approximately $1,000,000. 00 through this opportunity.

However, the agency retains the discretion to award a larger or lesser amount. 7 This NFO is being released prior to appropriation and/or apportionment of funds for current fiscal year Enactment of additional continuing resolutions or an appropriations act may affect the availability or level of funding for this program . b.

Start Dates and Performance Periods Projects may be between 1 and 3 years in duration. Applicants should plan their projects based on an estimated project start date of 09/06/2024. The agency expects to make 10 award(s).

The agency plans to award a contribution agreement(s) pursuant to this opportunity. Contribution agreement means a unique non-assistance cooperative agreement type available only to NRCS established by 7 U.S.C. Section 6962(a).

NRCS may enter contribution agreements, including for the acquisition of goods or services, when the objectives of the agreement will serve a mutual interest of the parties to the agreement in carrying out NRCS programs, and all parties will contribute resources to the accomplishment of these objectives.

Depending on the nature of a particular proposal received, the agency may elect to negotiate an alternate award type with the selected applicant. The agency will be substantially involved in the work performed under the agreement and will undertake activities such as the following: a. Authority to suspend work if specifications or work statements are not met b.

Review and approval of one stage of work before another may begin c. Review and approval of substantive provisions of proposed subawards or contracts beyond existing Federal policy d. Agency and recipient collaboration or joint participation e.

Project monitoring to permit specified kinds of direction or redirection of the work because of interrelationships with and impacts on other projects f. Highly prescriptive agency requirements that limit recipient discretion g. Review and approval of key personnel h.

Direct agency operational involvement or participation during the activity The agency does not expect to award procurement contracts associated with this NFO. c. Eligibility of Renewal or Supplemental Project Applications Applications for renewal or supplementation of existing projects are eligible to compete with applications for new Federal awards.

An application for renewal means an application submitted to continue an existing agreement that meets the 8 objectives and requirements of this NFO. An application for supplementation of an existing project means an application to add components to an existing agreement so that it would meet the objectives and requirements in this NFO. C.

ELIGIBILITY INFORMATION Applicants and applications must meet eligibility criteria by the application deadline to be considered for award. Eligible applicant type is determined by the implementing program statute. Applicant entities identified in the SAM.

gov exclusions database as ineligible, prohibited/restricted, or excluded from receiving Federal contracts and certain Federal assistance and benefits will not be considered for Federal funding, as applicable to the funding being requested under this Federal program (2 CFR 200. 206(d)). Neither foreign entities nor individuals are eligible to apply for this opportunity.

Eligibility for this opportunity is limited to the following entity types: a. City or township governments c. Independent school districts d.

Native American tribal governments (Federally recognized) e. Native American tribal organizations (other than Federally recognized tribal governments) f. Nonprofits having a 501(c)(3) status with the IRS (other than institutions of higher education) g.

Nonprofits that do not have a 501(c)(3) status with the IRS (other than institutions of higher education) h. Private institutions of higher education i. Public housing authorities/Indian housing authorities j.

Public and State-controlled institutions of higher education k. Special district governments Any award made pursuant to this NFO will be made to a single entity. Applicants that apply as “partnerships” or other similar groupings must clearly describe the relationship between the applicant and the “partner” parties.

In all but exceptional cases, it must be reflected in the award as an awardee/sub awardee relationship. An applicant organization may submit more than one application for different projects or proposing different approaches. In the case of applications submitted as revisions or corrections to a previously submitted application under this NFO, the agency will consider the last application submitted prior to the established deadline.

Awards made pursuant to this NFO are not Farm Bill incentive contracts; therefore, the awards in and of themselves are not limited by the payment limitation in 16 USC 9 Chapter 58.

However, any agricultural producers receiving a payment through participation in a project awarded under this NFO must meet the eligibility requirements of 7 CFR Part 12 and 7 CFR Part 1400 and have control of the land involved for the term of the proposed award period. This NFO requires applicants to match 1:1, or 50 percent of total project costs (total project costs include both the Federal and non-Federal total application costs).

Applications that do not include the required level of matching will be ineligible for award. Match may be achieved with contributions of cash, services, materials, equipment, or third-party in-kind contributions. Recipients with unrecovered indirect costs may also use those to meet matching obligations .

Funds from another Federal award cannot be used as match except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to match. Additional details about matching funds can be found at 2 CFR 200. 306 .

Refer to Section D of this NFO for information about any required submittals related to match requirements. While the pace of match may vary throughout the award period, the agency will actively monitor match levels as it receives payment requests to ensure the total match requirement is met by the award periods of performance end date. Additional details about matching funds are located at 2 CFR 200.

306. D. APPLICATION AND SUBMISSION INFORMATION 1.

Information for New Users of Grants. gov While a Grants. gov account is not required to download an NFO and related documents, it is required to submit an application.

If your organization has never submitted an application via Grants. gov, please be aware that there are several steps you must take to register your organization before you can submit an application. Completing those steps can take a significant amount of time, plan accordingly.

b. Register to Apply through Grants. gov Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process.

Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information. For assistance with the registration process, contact Grants. gov Applicant Support, available 24/7, at 1-800-518-4726 or support@grants.

gov . 10 Organizations must complete all steps to register (steps i. through v.

below). Complete organization instructions are included on Grants. gov here: https://www.

grants. gov/applicants/applicant-registration/ Although creating a Grants. gov account online can be completed online in minutes, SAM registrations may take several weeks.

Therefore, organizations should begin the process early to ensure they have sufficient time to complete registration and meet required application submission deadlines. Individuals (those submitting on their own behalf) are not subject to the Unique Entity Identifier (UEI) or SAM requirement and may begin with step iii. , Create a Grants.

gov Account, listed below. (Note: Individuals are not eligible for all opportunities.) i.

Obtain a UEI: All entities applying for funding must have a UEI issued by SAM. gov. Applicants must enter the UEI in the data entry field labeled "UEI" on the SF-424 form. ii.

Register with SAM: All organizations (entities) must register with System for Award Management (SAM) to apply online through Grants. gov. Failure to register with SAM will prevent your organization from applying through Grants. gov. SAM registration must be renewed annually.

Part of the SAM registration process includes designating an Electronic Business Point of Contact (EBiz POC). The EBiz POC plays an integral part in the organization’s Grants. gov registration and application process.

The individual in that role must authorize all other roles in Grants. gov. For more detailed instructions for registering with SAM, refer to https://www. grants.

gov/applicants/applicant-registration/ iii. Create a Grants. gov Account: From the Grants.

gov webpage (https://www. grants. gov/ ), click “Register” in the top right-hand corner and follow the on-screen instructions.

v. EBiz POC Authorized Profile Roles: After you register with Grants. gov and create an Organization Applicant Profile, you must establish roles for individuals in the organization.

The Authorized Organizational Representative (AOR) role is critical; it gives an individual permission to complete and submit applications on behalf of the organization. Without this role, the organization cannot submit any applications. The request for role assignment will be routed to the organization’s EBiz POC for approval.

Once approved, the AOR can submit an application online. For more detailed instructions about creating a EBiz POC authorized profile on Grants. gov, refer to https://www.

grants. gov/applicants/applicant-registration/ebiz-poc-authorizes-profile-roles Track Role Status: To track your role request, refer to https://www. grants.

gov/applicants/applicant-registration/track-profile-role- When applications are submitted through Grants. gov, the name of the organization applicant with the AOR role that submitted the application is inserted into the signature line of the application, serving as the electronic signature. The EBiz POC must authorize people who are able to make legally binding commitments on behalf of the organization as a user with the AOR role.

This step (step c. v. above) is often missed, and it is crucial for valid and timely submissions.

Workspace is a shared, online environment where members of a grant team may simultaneously access and edit different webforms within an application. For each NFO, you can create individual instances of a workspace. An applicant can start an application in Workspace and return to work on it later within Workspace.

Applicants using unreliable internet connections should be aware that the process of completing the Workspace can take some time. Therefore, applicants should allow enough time to prepare and submit the application before the package closing date. f.

Apply for an Opportunity Below is an overview of applying on Grants. gov. For complete instructions on how to apply for opportunities, refer to https://www. grants.

gov/applicants/workspace-overview/ 12 If the Apply button in the opportunity is not active (greyed out), the user does not have the appropriate permissions or has an incomplete applicant registration. For additional information, refer to https://grantsgovprod. wordpress.

com/2023/06/08/unlock-the-mystery-of-the- scenarios/#:~:text=The%20Apply%20button%20will%20be,to%20view%20the% i. Create a Workspace: Creating a workspace allows you to complete an application online and route it through your organization for review before submitting. ii.

Complete a Workspace: Add participants to the workspace to work on the application together, complete all the required forms online or by downloading PDF versions, and check for errors before submission. The Workspace progress bar will display the status of your application process as you apply.

As you apply using Workspace, you may click the blue question mark icon near the upper-right corner of each page to access context-sensitive help. • Adobe Reader: If you decide not to apply by filling out webforms you can download individual PDF forms in Workspace. The individual PDF forms can be downloaded and saved to your local device storage, network drive(s), or external drives, then accessed through Adobe Reader.

NOTE: Visit the Adobe Software Compatibility page on Grants. gov to download the appropriate version of the software at https://www. grants.

gov/applicants/adobe-software-compatibility • Mandatory Fields in Forms: In the forms, you will note fields marked with an asterisk and a different background color. These fields are mandatory fields that must be completed to successfully submit your application. • Complete SF-424 Fields First: The forms are designed to fill in common required fields across other forms, such as the applicant name, address, and UEI.

Once it is completed, the information will transfer (i.e., prepopulate) to the other forms. iii. Submit a Workspace: An application may be submitted through workspace by clicking the Sign and Submit button on the Manage Workspace page, under the Forms tab.

Grants. gov recommends submitting your application package at least 24-48 hours prior to the close date to provide you with time to correct any potential technical issues that may disrupt the application submission. iv.

Track a Workspace Submission: After successfully submitting a workspace application, a Grants. gov Tracking Number (GRANTXXXXXXXX) is automatically assigned to the application. The number will be listed on the 13 Confirmation page that is generated after submission.

Using the tracking number, access the Track My Application page under the Applicants tab or the Details tab in the submitted workspace. For additional training resources, including video tutorials, refer to https://www. grants.

gov/applicants/applicant-training 2. Electronic Application Package Applicants interested in submitting an application in response to this NFO must submit it via Grants. gov; the agency will not accept applications submitted via email or any other method.

No exceptions will be made for applicants experiencing issues with Grants. gov unless a known system wide Grants. gov issue is identified, in which case the deadline will be extended for all applicants, as appropriate.

Applicants are urged to submit early to the Grants. gov system. For technical issues with Grants.

gov, contact Grants. gov Applicant Support, available 24/7, at 1-800-518-4726 or support@grants. gov .

Awarding agency staff cannot support applicants regarding Grants. gov accounts. Address to Request Application Package All information necessary to apply for this opportunity is included in the Grants.

gov opportunity announcement. 3. Content and Form of Application Submission The agency may choose not to consider applications that fail to comply with the required content, format, and page limits, or those that are incomplete.

Do not submit video files or files larger than 10MB. File names of attachments must be limited to 50 characters, may not include special characters (e.g., &,–,*,%,/,#), periods (.) , blank spaces or accent marks, and must be unique (i.e., no other attachment may have the same file name).

An underscore (example: my_Attached_File. pdf) may be used to separate a file name. Attachments must NOT be password protected.

To be considered for funding under this opportunity, an application must contain the documents in a-g below. (Standard Form 424 Application for Federal Assistance) See Instructions for Completing SF 424 located in the appendices section. Each page must be numbered and have one-inch margins.

The text of the project narrative must be single spaced and typed in a standard typeface (e.g., Times New Roman, Arial, Courier) with no smaller than 12-point font. The project narrative must not exceed 4 pages. This page limitation applies to the project narrative only.

14 Do not include tables or graphics. Narrative content should include: ii. Institutional background.

Describes the applicant institution in terms of its location, demographics, mission, relationship to the service area and past successes in the project area. iii. Problem statement/needs assessment.

This section should briefly introduce the purpose of the agreement, reasons for the project, over-arching goals and how the agreement will support NRCS goals. Include who will benefit and the geographic location of the impact. iv.

Program goals and objectives. How is the situation expected to change as a result of the award? Identifies anticipated outcomes and benefits in measurable terms.

Identify key strategies and project design, alignment of resources and activities, strategic partners, and their roles. v. Methods/implementation.

Describes the activities that directly support the achievement of the objectives. A timeline must be included in this section as well as a description of staffing needs. List each deliverable and subtask.

Describe what will be done and when it will be done. vi. Evaluation plan.

Presents a plan for determining the success of the project at interim points and at the end of the project. Describe how the success of the project will be measured. The following documents do not count toward the above stated page limit.

Declaration of previous projects and Past Performance If the applicant has previously received an award (either at the National or State levels), list the following for each award and give a short summary of the completed project’s outcomes. If the project is ongoing, provide the anticipated outcomes.

Each description should be no more than a half page: • Agreement number (Federal Award Identifying Number) • Year of award expiration Is this same proposal being submitted for another active funding opportunity? If yes, include in the Current and Pending Support document. Response does not affect the competitive selection process.

c. Standard Form (SF) 424A, Budget Information - Non-Construction Programs Fill in all spaces as appropriate. Section B, Item 6, Column 1 should reflect the agency funds, and Column 2 should reflect the applicant’s matching funds.

This form is the summary budget for the project and should include the full project totals on pages one and two. See Instructions for Completing SF 424A 15 located in the appendices section. Refer to Section D of this opportunity for information regarding indirect costs.

Errors in the SF-424A regarding classifying costs may be negotiated after selection. In a separate document titled “Budget Narrative,” explain and justify all requested budget items/costs. (Refer to the budget narrative guidance located in the appendices section.)

Detail how the totals on the SF-424A were determined and demonstrate a clear connection between costs and the proposed project activities. For personnel salary costs, include the base-line salary figures and the estimates of time (as percentages) to be directly charged to the project. Describe any item that under the applicable Federal cost principles requires the agency’s approval and estimate its cost.

The pages included as the budget narrative to not count toward the page limit. Errors in the budget narrative regarding classifying costs may be negotiated after selection. Refer to the Budget Narrative Guidance located at the end of this document regarding procurement standards when including contracts for goods or services.

Sole-source contracting is prohibited without proper justification. See Procurement Standards located at 2 CFR 200. 317-327.

i. Build America, Buy American. “Buy America” preference applies to Federal financial assistance awards that include construction components, even if it is funded by both Federal and non-Federal funds under the award.

Subawards should conform to the terms and conditions of the Federal award from which they flow. A Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to a construction project. Refer to the General Terms and Conditions for additional information: https://www.

fpacbc. usda. gov/about/grants-and-agreements/award- terms-and-conditions/index.

html ii. Indirect Costs Recovery. If requesting indirect costs, provide the calculation specifying the amounts used in applying the base (the base specified in the applicable rate agreement) by the applicable rate.

The calculation can be displayed in different formats but must capture the components (i.e., amounts used in determining the base and the rate applied to the base). A. To be eligible to recover any indirect costs under a Federal award, recipients must either 1) have a current negotiated indirect cost rate agreement (NICRA) with a Federal agency that has not expired; or 2) qualify for use of the de minimis rate authorized by 2 CFR 200.

414(f) and described below. For-profit entities (if eligible to apply) must obtain a NICRA from their cognizant agency. USDA will not accept an indirect cost agreement that is not a NICRA, for example, those 16 negotiated or approved by the Defense Contract Audit Agency or the Defense Contract Management Agency.

A copy of the applicant’s current NICRA must be provided with the application (see section D(3)(i)). Indirect costs may not be recovered under an expired NICRA. For applicants negotiating a NICRA, provide a copy of the indirect cost rate proposal submitted to the cognizant agency.

See section D(3)(h) below for how to submit a NICRA as part of the application. B. Any non-Federal entity (except State and local governments that receive more than $35 million per year in Federal funding) that does not have a current negotiated (including provisional) rate may elect to charge a de minimis rate of 10 percent of modified total direct costs (MTDC) which may be used indefinitely.

No documentation is required to justify the 10 percent de minimis indirect cost rate, simply indicate in your budget narrative that the recipient elects to use the de minimis rate.

Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award).

MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. C.

As described in 2 CFR 200. 403 , costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for