PART 2500—OAO FEDERAL FINANCIAL ASSISTANCE PROGRAMS—GENERAL AWARD ADMINISTRATIVE PROCEDURES Authority: 7 U.S.C. 6934, 7 U.S.C. 2279. Source: 76 FR 66170, Oct. 26, 2011, unless otherwise noted. Subpart A—General Information § 2500.001 Applicability of regulations. The regulations in subparts A through E of this part apply to the programs authorized under section 14013 of the FCEA to be administered within the Office of Advocacy and Outreach (OAO). The purpose of this part is to set forth regulations for competitive and noncompetitive grants, cooperative agreements, and other assistance agreements awarded through OAO. § 2500.002 Definitions. Applicant Authorized Departmental Officer (ADO) Authorized Organizational Representative (AOR) Award Award agreement Award closeout Award period Awardee Baseline monitoring Beginning date Community-based organization Cooperative agreement Department Disallowed costs Ending date Participant Partnering Program leader Project Project Director (PD) Project Officer (PO) Request for Proposals (RFP) Review panel Secretary Terminate funding § 2500.003 Other applicable statutes and regulations. Several Federal statutes and regulations apply to proposals for Federal assistance considered for review and to grants and cooperative agreements awarded by OAO. These include, but are not limited to: (a) 7 CFR Part 1, Subpart A—USDA implementation of the Freedom of Information Act; (b) 7 CFR Part 3—USDA implementation of OMB Circular No. A-129, regarding debt management; (c) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, which prohibits discrimination on the basis of race, color, or national origin, and 7 CFR part 15, subpart A (USDA implementation); (d) 2 CFR part 415, General Program Administrative Regulations. (e) 2 CFR part 416, General Program Administrative Regulations for Grants and Cooperative Agreements to State and Local Governments. (f) 2 CFR part 417, Nonprocurement Debarment and Suspension. (g) 2 CFR part 418, New Restrictions on Lobbying. Imposes prohibitions and requirements for disclosure and certification related to lobbying on awardees of Federal contracts, grants, cooperative agreements, and loans. (h) 2 CFR part 200, subparts B—General Provisions, C—Pre-Federal Award Requirements and Contents of Federal Awards, and D—Post-Federal Award Requirements, as adopted by USDA through 2 CFR part 400. (i) 2 CFR part 421, Requirements for Drug-Free Workplace (Financial Assistance). (j) 2 CFR part 200, subpart F—Audit Requirements, as adopted by USDA through 2 CFR part 400. (k) 7 U.S.C. 3318—conferring upon the Secretary general authority to enter into contracts, grants, and cooperative agreements to further the research, extension, or teaching programs in the food and agricultural sciences of the Department of Agriculture. (l) 29 U.S.C. 794 (Section 504, Rehabilitation Act of 1973) and 7 CFR part 15b (USDA implementation of statute)—prohibiting discrimination based upon physical or mental handicap in Federally assisted programs. (m) 35 U.S.C. 200 et seq. (n) Title IX of the Education Amendment of 1972 (20 U.S.C. 1681-1683 and 1685-1686), as amended, which prohibits discrimination on the basis of sex; (o) Age Discrimination Act of 1975 (42 U.S.C. 6101-6107), as amended, which prohibits discrimination on the basis of age; (p) Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (q) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (r) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (s) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq. (t) Any other nondiscrimination provisions in the specific statute(s) under which proposals for Federal assistance are made, and the requirements of any other nondiscrimination statute(s) which may apply to the proposal. [76 FR 66170, Oct. 26, 2011, as amended at 85 FR 31938, May 28, 2020] Subpart B—Pre-Award: Solicitation and Proposals § 2500.011 Competition. (a) Standards for competition. (b) Exception. § 2500.012 Requests for proposals. (a) General. (1) Contact information. (2) Catalog of Federal Domestic Assistance (CFDA) number. (3) Legislative authority and background information. (4) Purpose, priorities, and fund availability. (5) Program-specific eligibility requirements. (6) Program-specific restrictions on the use of funds, if applicable. (7) Matching requirements, if applicable. (8) Acceptable types of proposals. (9) Types of projects to be given priority consideration, including maximum anticipated awards and maximum project lengths, if applicable. (10) Program areas, if applicable. (11) Funding restrictions, if applicable. (12) Directions for obtaining additional requests for proposals and proposal forms. (13) Information about how to obtain proposal forms and the instructions for completing such forms. (14) Instructions and requirements for submitting proposals, including submission deadline(s). (15) Explanation of the proposal evaluation process. (16) Specific evaluation criteria used in the review process. (17) Type of Federal assistance awards ( i.e. (b) RFP variations. (1) Award management guidelines. (2) Restrictions on the delegation of fiscal responsibility. (3) Required approval for changes to project plans. (4) Expected program outputs and reporting requirements, if applicable. (5) Applicable Federal statutes and regulations. (6) Confidential aspects of proposals and awards, if applicable. (7) Regulatory information. (8) Definitions. (9) Minimum and maximum budget requests and whether proposals outside of these limits will be returned without further review. (c) Program announcements. Federal Register § 2500.013 Types of proposals. The type of proposal acceptable may vary by funding opportunity. The RFP will stipulate what will be required for submission to OAO in response to the funding opportunity. § 2500.014 Eligibility requirements. Program-specific eligibility requirements appear in the subpart applicable to each program and in the corresponding RFPs. § 2500.015 Content of a proposal. The RFP provides instructions on how to access a funding opportunity. The funding opportunity contains the proposal package, which includes the forms necessary for completion of a proposal in response to the RFP. The RFP will be posted on http://www.Grants.gov. Federal Register. § 2500.016 Submission of a proposal. The RFP will provide deadlines for the submission of proposals. OAO may issue separate RFPs and/or establish separate deadlines for different types of proposals, different award instruments, or different topics or phases of the assistance programs. If proposals are not received by applicable deadlines, they will not be considered for funding. Exceptions will be considered only when extenuating circumstances exist, as determined by OAO, and justification and supporting documentation are provided by the applicant. Conformance with preparation and submission instructions is required and will be strictly enforced unless a deviation has been approved. OAO may establish additional requirements. OAO may return without review proposals that are not consistent with the RFP instructions. § 2500.017 Confidentiality of proposals and awards. (a) General. (b) Identifying confidential and proprietary information in a proposal. (c) Disposition of proposals. (d) Submission of proprietary information. § 2500.018 Electronic submission. Applicants and awardees are encouraged, but not required, to submit proposals and reports in electronic form as prescribed in the RFP issued by OAO and in the applicable award agreement. Subpart C—Pre-Award: Proposal Review and Evaluation § 2500.021 Guiding principles. The guiding principle for Federal assistance proposal review and evaluation is to ensure that each proposal is treated in a consistent and fair manner. After the evaluation process by the review panel, OAO will provide an opportunity for applicant feedback in as timely a manner as possible. § 2500.022 Preliminary proposal review. Prior to technical examination, a preliminary review will be made of all proposals for responsiveness to the administrative requirements set forth in the RFP. Proposals that do not meet the administrative requirements may be eliminated from program competition. However, OAO retains the right to conduct discussions with applicants to resolve technical and/or budget issues, as deemed necessary by OAO. § 2500.023 Selection of reviewers. (a) Requirement. (b) Confidentiality. (c) Conflicts of interest. § 2500.024 Evaluation criteria. (a) General. (b) Guidance for reviewers. § 2500.025 Procedures to minimize or eliminate duplication of effort. OAO may implement appropriate business processes to minimize or eliminate the awarding of Federal assistance to projects that unnecessarily duplicate activities already being sponsored under other awards, including awards made by other Federal agencies. § 2500.026 Applicant feedback. Unsuccessful applicants may submit a request for applicant feedback in writing to OAO within 10 days after receiving written notice of not being selected for further processing. Applicant feedback requests are to be mailed to the Program Leader at the address below, unless otherwise stated in the “Notice of Non-Selection” or in the RFP. At OAO's discretion, either written or oral feedback will be provided to unsuccessful applicants. U.S. Department of Agriculture, Departmental Management, Office of Advocacy and Outreach, Attn: Subpart D—Award § 2500.031 Administration. (a) General. (b) Award agreement. (1) Legal name and address of performing organization or institution to which OAO has awarded a grant or cooperative agreement. (2) Title of project. (3) Name(s) of Project Director(s). (4) Identifying award number assigned by OAO. (5) Project period. (6) Total amount of OAO financial assistance approved. (7) Legal authority under which the grant or cooperative agreement is awarded. (8) Appropriate CFDA number. (9) Approved budget plan (that may be referenced). (10) Terms and Conditions Subpart E—Post-Award and Closeout § 2500.041 Payment. (a) General. (b) Reimbursement method. § 2500.042 Cost sharing and matching. (a) General. (b) Indirect costs as in-kind matching contributions. § 2500.043 Program income. (a) General. (b) Addition method. (c) Award terms and conditions. § 2500.044 Indirect costs. Indirect cost rates for grants and cooperative agreements shall be determined in accordance with the applicable assistance regulations and cost principles, unless superseded by another authority. § 2500.045 Technical reporting. All projects supported with Federal funds under this part must be documented according to the terms and conditions of the OAO award agreement. § 2500.046 Financial reporting. (a) SF-425, Federal Financial Report. i.e. (b) Awards with required matching. (c) After the due date. (d) Overdue SF-425, Federal Financial Reports. (e) Additional reporting requirements. i.e. § 2500.047 Project meetings. In addition to reviewing and monitoring the status of progress and final technical reports and financial reports, OAO Project Officers may use regular and periodic conference calls to monitor the awardee's performance as well as conferences, workshops, meetings, and symposia to not only monitor the awards, but to facilitate communication and the sharing of project results. These opportunities also serve to eliminate or minimize OAO funding of unneeded duplicative project activities. Required attendance at these conference calls, conferences, workshops, meetings, and symposia will be identified in the RFP or award document. § 2500.048 Review of disallowed costs. (a) Notice. (b) Awardee response. (c) Decision. (d) Demand for payment. (e) Review process. § 2500.049 Prior approvals. (a) Subcontracts. (b) No-cost extensions of time General. (2) Additional requests for no-cost extensions of time before expiration date. (3) Requests for no-cost extensions of time after expiration date. (4) Other requirements. § 2500.050 Suspension, termination, and withholding of support. (a) General. (b) Suspension. (c) Termination. § 2500.051 Debt collection. The collection of debts owed to OAO by awardees, including those resulting from cost disallowances, recovery of funds, unobligated balances, or other circumstances, are subject to the Department's debt collection procedures as set forth in 7 CFR part 3, and, with respect to cost disallowances, § 2500.048. § 2500.052 Award appeals procedures. (a) General. (b) Appeal Procedures. § 2500.053 Expiring appropriations. (a) OAO awards supported with office appropriations. (b) OAO awards supported with funds from other Federal agencies (reimbursable funds). § 2500.055 Audit. Awardees must comply with the audit requirements of 7 CFR part 3052. The audit requirements apply to the years in which Federal financial assistance funds are received and years in which work is accomplished using these funds. § 2500.056 Civil rights. Awardees must comply with the civil rights requirements of 7 CFR part 15, subpart A—USDA implementation of Title VI of the Civil Rights Act of 1964, as amended. In accordance, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Subpart F—Outreach and Assistance For Socially Disadvantaged Farmers and Ranchers Program § 2500.101 Applicability of regulations. The regulations in this subpart apply to the Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers (OASDFR) Program authorized under section 2501 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 2279), as amended. Unless otherwise specified in this subpart, the requirements of 7 CFR part 2500 subparts A through E will apply in addition to the requirements discussed in this subpart. § 2500.102 Purpose. (a) The purpose of the OASDFR Program is to make competitive awards to provide outreach and technical assistance to encourage and assist socially disadvantaged farmers and ranchers in: (1) Owning and operating farms, ranches and non-industrial forest lands; and (2) In participating equitably in the full range of agricultural programs offered by the Department. (b) The OASDFR Program awards shall be used exclusively to: (1) Enhance coordination of the outreach, technical assistance, and education efforts authorized under agriculture programs; (2) Assist in reaching current and prospective socially disadvantaged farmers, ranchers or forest landowners in a linguistically appropriate manner; and (3) Improve the participation of those farmers and ranchers in agricultural programs. § 2500.103 Definitions. The definitions provided in subpart A apply to this subpart. In addition, the definitions that apply specifically to the OASDFR Program under this subpart include: Agriculture programs Alaska Native Alaska Native cooperative colleges Assistance Farmer, rancher, or forest landowner Hispanic-serving institution Indian tribe et seq. Indian tribal community college Institution of higher education Outreach (1) Owning and operating farms and ranches; and in (2) Participating equitably in the full range of agricultural programs offered by the Department. Socially disadvantaged farmer, rancher or forest landowner Socially disadvantaged group State Supplemental funding Tribal organization § 2500.104 Eligibility requirements. Proposals may be submitted by any of the following: (a) Any community-based organization, network, or coalition of community-based organizations that: (1) Has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers, ranchers, and forest landowners; (2) Has provided to the Secretary documentary evidence of work with, and on behalf of socially disadvantaged farmers, ranchers, or forest landowners during the three-year period preceding the submission of a proposal for assistance under this program; and (3) Does not engage in activities prohibited under Section 501(c)(3) of the Internal Revenue Code of 1986. (b) An 1890 institution or 1994 institution (as defined in 7 U.S.C. 7601), including West Virginia State University. (c) An Indian tribal community college or an Alaska Native cooperative college. (d) A Hispanic-serving institution (as defined in 7 U.S.C. 3103). (e) Any other institution of higher education (as defined in 20 U.S.C. 1001) that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers, ranchers, and forest landowners in a region. (f) An Indian tribe (as defined in 25 U.S.C. 450b) or a national tribal organization that has demonstrated experience in providing agriculture education or other agriculturally-related services to socially disadvantaged farmers, ranchers, and forest landowners in a region. (g) Other organizations or institutions that received funding under this program before January 1, 1996, but only with respect to projects that the Secretary considers are similar to projects previously carried out by the entity under this program. § 2500.105 Project types and priorities. For each RFP, OAO may develop and include the appropriate project types and focus areas based on the critical needs of the socially disadvantaged farmer and rancher community. For standard OASDFR projects, competitive grants or cooperative agreements will be awarded to support programs and services, as appropriate, to encourage and assist socially disadvantaged farmers and ranchers in the following focus areas: (a) Owning and operating farms and ranches; (b) Participating equitably in the full range of agricultural programs offered by the Department; and (c) Other areas as specified by the Secretary in the RFP. § 2500.106 Funding restrictions. Funds made available under this subpart shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing facility (including site grading and improvement, and architect fees). § 2500.107 Matching. Matching funds are not required as a condition of receiving awards under this subpart. § 2500.108 Term of award. The award term will be defined in the OAO award agreement, and can be later amended upon approval of OAO. § 2500.109 Program requirements. Grants and cooperative agreements under this subpart shall address the priorities in the Department that involve providing outreach and technical assistance to socially disadvantaged farmers, ranchers, and forest landowners to own and operate farms and participate equitably in agricultural programs; and other priorities as determined by the Secretary.