Notice of Funding Opportunity – 1
NOTICE OF FUNDING OPPORTUNITY
BROADBAND INFRASTRUCTURE PROGRAM
EXECUTIVE SUMMARY
A. Federal Agency Name
National Telecommunications and Information Administration (NTIA), U.S. Department of
Commerce
B. Funding Opportunity Title
Broadband Infrastructure Program
C. Announcement Type
Initial
D. Funding Opportunity Number
NTIA-Broadband-Infrastructure-Program-2021
E. Assistance Listing (CFDA Number)
11.031, Broadband Infrastructure Program
F. Key Dates
Complete applications must be received by www.grants.gov no later than 11:59 p.m. Eastern
Daylight Time (EDT) on August 17, 2021.
Applicants should be aware, and factor in their application submission planning, that the
Grants.gov system periodically closes for routine maintenance. Applicants should visit
Grants.gov for information about any scheduled closures.
NTIA expects to complete its review, selection of successful applicants, and award processing by
November 15, 2021. NTIA expects the earliest start date for awards under this Notice of
Funding Opportunity (NOFO) to be November 29, 2021.
Applicants are strongly urged to read Section IV.D, Attachment of Required Documents, with
great attention. Applicants should carefully follow the instructions and recommendations
regarding attachments and use the Download Submitted Forms and Applications feature on
www.grants.gov to check that all required attachments were contained in their submission.
Applications submitted without the required documents will not pass the Initial Administrative
Review.
Notice of Funding Opportunity – 2
When developing the submission timeline, please keep in mind that: (1) all applicants are
required to have current registrations in the electronic System for Award Management
(SAM.gov) and Grants.gov; (2) the free annual registration process in SAM.gov generally takes
between three (3) and five (5) business days but can take more than three weeks; and (3)
applicants will receive e-mail notifications over a period of up to two (2) business days as the
application moves through intermediate systems before the applicant learns via a validation or
rejection notification whether a federal agency’s electronic system has received the application.
(See Grants.gov for full information on application and notification through Grants.gov). Please
note that a federal assistance award cannot be issued if the designated recipient’s registration in
SAM.gov is not current at the time of the award.
G. Application Submission Address
Complete application packets must be submitted electronically through www.grants.gov.
Complete applications or portions thereof submitted by postal mail, courier, email, or by
facsimile will not be accepted. See Section IV of this NOFO for detailed information concerning
application submission requirements.
H. Funding Opportunity Description
NTIA issues this NOFO to describe the requirements under which it will award grants for the
Broadband Infrastructure Program, authorized by the Consolidated Appropriations Act, 2021,
Division N, Title IX, Section 905, Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act).
The Broadband Infrastructure Program provides new federal funding for the Assistant
Secretary to make grants on a competitive basis for the deployment of broadband
infrastructure. The Act authorizes grants to covered partnerships for covered broadband
projects, defined as competitively and technologically neutral projects for the deployment of
fixed broadband service that provides qualifying broadband service in an eligible service
area. See Section I of this NOFO for the full Program Description.
I. Funding Instrument
Grant.
J. Eligibility
A covered partnership is eligible for a grant under the Broadband Infrastructure Program. The
Act defines a covered partnership as a partnership between: (A) a State, or one or more political
subdivisions of a State; and (B) a provider of fixed broadband service. A covered partnership
may include more than one provider of fixed broadband service as part of its application.
Additionally, a provider of fixed broadband service may participate in more than one covered
partnership. See Section III of this NOFO for additional information concerning the eligibility
requirements for this program.
Notice of Funding Opportunity – 3
K. Anticipated Amounts
NTIA will make up to $288,000,000 available for federal assistance under the Broadband
Infrastructure Program. NTIA expects to make awards under this program within the following
funding range: $5,000,000 to $30,000,000. This range is not a required minimum or maximum,
but covered partnerships requesting amounts for projects outside of this range must provide a
reasonable explanation for the variance in their project size. The period of performance for
grants issued pursuant to this program is one year, unless such period is otherwise extended in
writing by the Grants Officer. Given the limited amount of funding available for broadband
infrastructure deployment awards and the potentially large number of covered partnerships that
may submit applications for this grant program, NTIA will consider applications based on the
priorities enumerated in Section 905(d)(4) of the Act (and set forth in Section I.A. of this NOFO)
in their statutory order of priority. See Section II of this NOFO for additional information
pertaining to award amounts and to the period of performance for grants issued pursuant to this
NOFO.
L. Cost Sharing/Matching
The Act authorizing the establishment of the Broadband Infrastructure Program does not contain
a statutory cost sharing or matching funds requirement for this grant program. NTIA will not
require a covered partnership applying for a grant under the Broadband Infrastructure Program to
provide a cost match; however, NTIA will favorably consider applications that propose to
contribute a non-federal cost share of at least 10 percent of the total eligible costs of a project.
Applicants proposing a cost share amount must document their capacity to provide matching
funds in their applications. Matching funds may be in the form of either cash or in-kind
contributions consistent with the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards at 2 C.F.R. Part 200.
1
See Section III.B of this NOFO
for more information pertaining to the cost sharing requirements for this program, Section IV of
this NOFO for the application requirements for this program, and Section V of this NOFO for
the Evaluation Criteria and Selection Factors for this program.
FULL ANNOUNCEMENT TEXT
Table of Contents
I. Program Description .............................................................................................................. 4
II. Federal Award Information.................................................................................................... 7
III. Eligibility Information ........................................................................................................... 9
IV. Application and Submission Information ............................................................................ 11
V. Application Review Information ......................................................................................... 29
VI. Federal Award Administration Information ........................................................................ 36
VII. Federal Awarding Agency Contacts .................................................................................... 40
VIII. Other Information ................................................................................................................ 41
1
2 C.F.R. Part 200, available at http://go.usa.gov/SBYh.
Notice of Funding Opportunity – 4
I. Program Description
NTIA issues this NOFO to describe the requirements under which it will award grants for the
Broadband Infrastructure Program, authorized by the Consolidated Appropriations Act, 2021,
Division N, Title IX, Section 905, Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020) (Act).
The purpose of the Broadband Infrastructure Program is to provide federal funding to deploy
broadband infrastructure to eligible service areas of the country.
A. Overview of the Broadband Infrastructure Program: The Broadband Infrastructure
Program makes grants on a competitive basis to covered partnerships for covered broadband
projects. The term covered partnershipmeans a partnership between: (A) a State, or one or
more political subdivisions of a State; and (B) a provider of fixed broadband service. A covered
partnership may include more than one provider of fixed broadband service as part of its
application. Additionally, a provider of fixed broadband service may participate in more than
one covered partnership. A provider of broadband service that is part of a covered partnership is
not required to be designated as an eligible telecommunications carrier pursuant to section 214(e)
of the Communications Act of 1934 (47 U.S.C. 214(e)). NTIA encourages municipalities, non-
profits, or cooperatives that own and/or operate broadband networks to participate in this
program as part of a covered partnership.
The term covered broadband project” means a competitively and technologically neutral project
for the deployment of fixed broadband service that provides qualifying broadband service in an
eligible service area. The term “qualifying broadband service” means broadband service with:
(A) a download speed of not less than 25 megabits per second; (B) an upload speed of not less
than 3 megabits per second; and (C) a latency sufficient to support real time, interactive
applications. For purposes of this program, NTIA will interpret the 25/3 standard to mean the
ability to provide 25 Mbps downstream and 3 Mbps upstream simultaneously to every household
in the eligible service area. NTIA will interpret latency to mean 95 percent or more of all peak
period measurements of network round trip latency [i.e., the total round-trip latency between the
customer premises and the closest designated Internet core peering interconnection point] are at
or below 100 milliseconds. Including these particulars in the definition will help ensure that
applicants can realistically provide service that meets NTIA’s “qualifying broadband service”
standard reliably on the ground while also recognizing the Act’s requirement for technologically
neutral projects. Using these standards also maintains consistency with how other federal
support programs apply these terms.
2
The term “eligible service area” means a census block in which broadband service is not
available at one or more households or businesses in the census block, as determined by the
Assistant Secretary on the basis of: (A) the maps created under section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)); or (B) if the maps described in
subparagraph (A) are not available, the most recent information available to the Assistant
Secretary, including information provided by the Federal Communications Commission (FCC).
2
See Rural Utilities Service, Department of Agriculture, Funding Opportunity Announcement and Solicitation of
Application for Second Round of the Reconnect Program, 84 Fed. Reg. 67913, 67918 (Dec. 12, 2019); In the Matter
of Rural Digital Opportunity Fund, WC Docket No. 19-126; In the Matter of Connect America Fund, WC Docket
No. 10-90, FCC 20-5, at ¶ 32 (Feb. 7, 2020), https://docs.fcc.gov/public/attachments/FCC-20-5A1.pdf
at paragraph
36.
Notice of Funding Opportunity – 5
To be eligible for a grant under the Broadband Infrastructure Program, Section 905(d)(3) of the
Act requires that the covered partnership submit an application that describes the covered
partnership, the covered broadband project proposed for funding, including the cost of the
project and the speed of the broadband service offerings, and the proposed service area of the
project. Additionally, the Act requires the applicant to disclose any other federal or state support
that the broadband service provider that is part of the covered partnership has received to deploy
broadband service in the proposed service area. NTIA will factor such information as it
considers applications eligible for award, but the receipt of other federal or state funds does not
necessarily preclude the covered partnership from receiving a grant under the Broadband
Infrastructure Program. NTIA will also ensure that necessary investments are designed to
provide an adequate minimum level of service and are unlikely to be made using private sources
of funds.
In awarding grants under this program, the Assistant Secretary will give priority to applications
for covered broadband projects as follows, in decreasing order of priority, as set forth in Section
905(d)(4) of the Act:
(1) Covered broadband projects designed to provide broadband service to the greatest
number of households in an eligible service area;
(2) Covered broadband projects designed to provide broadband service in an eligible
service area that is wholly within any area other than:
(i) a county, city, or town that has a population of more than 50,000 inhabitants;
and
(ii) the urbanized area contiguous and adjacent to a city or town of more than
50,000 inhabitants;
(3) Covered broadband projects that are the most cost-effective, prioritizing such projects
in areas that are the most rural;
(4) Covered broadband projects designed to provide broadband service with a download
speed of not less than 100 megabits per second and an upload speed of not less than 20
megabits per second; and
(5) Any other covered broadband project that meets the requirements of this NOFO.
Additionally, NTIA is interested in ensuring that any broadband infrastructure deployed under
this grant program will have the ability to evolve, sustain, and scale for future advanced services
that will also be important to the U.S. economy. In the years ahead, emerging technologies such
as cloud technologies, artificial intelligence, health IoT and telemedicine, smart grid, and 5G,
will all require broadband networks capable of delivering much faster speeds, lower latency, and
higher reliability than those now codified by various federal agencies. Thus, NTIA encourages
the submission of project proposals that deploy future-proof infrastructure, e.g., fiber.
Notice of Funding Opportunity – 6
It is important that necessary investments in broadband infrastructure be carried out in ways that
produce high-quality infrastructure, avert disruptive and costly delays, and promote efficiency.
NTIA understands the importance of promoting workforce development and encourages
recipients to ensure that broadband projects use strong labor standards, including project labor
agreements and community benefit agreements that offer wages at or above the prevailing rate
and include local hire provisions, not only to promote effective and efficient delivery of high-
quality infrastructure projects but also to support the economic recovery through strong
employment opportunities for workers. Using these practices in construction projects may help
to ensure a reliable supply of skilled labor that would minimize disruptions, such as those
associated with labor disputes or workplace injuries.
The Act requires covered partnerships to complete their covered broadband projects within one
year of their receipt of grant funds. The Assistant Secretary, however, may extend the award
period for broadband infrastructure construction projects if the covered partnership certifies that:
(1) it has a plan for the use of the grant funds, (2) the construction project is underway, or
(3) extenuating circumstances require an extension of time to allow the project to be completed.
NTIA issues this NOFO to invite covered partnerships to submit applications for the Broadband
Infrastructure Program, provide information on the amount of funding available for award,
discuss how it will allocate funds to qualifying applicants, give instructions on the application
process, and describe the evaluation criteria for application review and the factors for award
selection. The definitions applicable to this NOFO are set forth below.
B. Definitions.—The following definitions are applicable to the Broadband Infrastructure
Program:
(a) Assistant SecretaryThe term Assistant Secretarymeans the Assistant Secretary of
Commerce for Communications and Information.
(b) Broadband or Broadband Service—The term “broadband” or “broadband service” has the
meaning given the term “broadband internet access service” in 47 C.F.R. § 8.1(b), or any
successor regulation.
(c) CommissionThe term Commissionmeans the Federal Communications Commission.
(d) Community Anchor Institutionsmeans schools, libraries, medical and healthcare providers,
public safety entities, public housing authorities, institutes of higher education and other
community support organizations that provide outreach, access, equipment and support services
to facilitate greater use of broadband service by the entire population and local governments.
(e) Covered Broadband Project—The term covered broadband project” means a competitively
and technologically neutral project for the deployment of fixed broadband service that provides
qualifying broadband service in an eligible service area.
(f) Covered Partnership— The term “covered partnership” means a partnership between: (A) a
State, or one or more political subdivisions of a State; and (B) a provider of fixed broadband
Notice of Funding Opportunity – 7
service. A provider of broadband service that is part of a covered partnership is not required to
be designated as an eligible telecommunications carrier pursuant to section 214(e) of
the Communications Act of 1934 (47 U.S.C. 214(e)).
(g) DepartmentThe term Departmentmeans the Department of Commerce.
(h) Eligible Service AreaThe term “eligible service area” means a census block in which
broadband service is not available at one or more households or businesses in the census block,
as determined by the Assistant Secretary on the basis of: (i) the maps created under section
802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)); or (ii) if the maps described
in subparagraph (i) are not available, the most recent information available to the Assistant
Secretary, including information provided by the Commission.
(i) Qualifying Broadband Service—The term “qualifying broadband service” means broadband
service with: (i) a download speed of not less than 25 megabits per second; (ii) an upload speed
of not less than 3 megabits per second; and (iii) a latency sufficient to support real-time,
interactive applications. For purposes of this program, NTIA will interpret the 25/3 standard to
mean the ability to provide 25 Mbps downstream and 3 Mbps upstream simultaneously to every
household in the eligible service area. NTIA will interpret latency to mean 95 percent or more of
all peak period measurements of network round trip latency [i.e., the total round-trip latency
between the customer premises and the closest designated Internet core peering interconnection
point] are at or below 100 milliseconds.
(j) State—Any State of the United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other
territory or possession of the United States.
(k) Unserved.—The term “unserved,” with respect to a household, means: (A) the household
lacks access to qualifying broadband service; and (B) no broadband provider has been selected to
receive, or is otherwise receiving, Federal or State funding subject to enforceable build out
commitments to deploy qualifying broadband service in the specific area where the household is
located by dates certain, even if such service is not yet available, provided that the Federal or
State agency providing the funding has not deemed the service provider to be in default of its
buildout obligations under the applicable Federal or State program.
II. Federal Award Information
A. Funding Availability
NTIA will make up to $288,000,000 available for federal assistance under the Broadband
Infrastructure Program.
B. Project/Award Period
As established in Section 905(d)(5)(A) of the Act, the award period for the Broadband
Infrastructure Program is one year from the initial receipt of grant funds.
Notice of Funding Opportunity – 8
1. Extensions: The Assistant Secretary may extend the one-year award period for a
covered partnership that proposes to use the grant funds for construction of broadband
infrastructure if the covered partnership certifies that:
(i) the covered partnership has a plan for use of the grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an extension of time to allow the project to be
completed.
2. Petition for Extension: The covered partnership may submit a request for an
extension of the one-year award period with its application or not later than ninety (90) calendar
days before the end of the award period.
3. Reversion of Funds: NTIA will make any grant funds not expended by a covered
partnership by the end of the one-year award period set forth in the Act available to other
covered partnerships for the purposes provided in the Broadband Infrastructure Program, unless
the Assistant Secretary has granted the covered partnership an extension of time to complete its
project.
C. Award Amount
NTIA will make the amounts appropriated under the Broadband Infrastructure Program available
on a competitive basis to covered partnerships, as defined in Section I.B.f of this NOFO, to
implement covered broadband projects, as defined in Section I.B.e of this NOFO.
NTIA expects to make awards under this program within the following funding range:
$5,000,000 to $30,000,000. This range is not a required minimum or maximum, but covered
partnerships requesting amounts for projects outside of this range must provide a reasonable
explanation for the variance in their project size.
Given the limited amount of funding available to award for broadband infrastructure deployment
and the potentially large number of covered partnerships that may submit applications for this
grant program, NTIA will consider applications based on the priorities enumerated in Section
905(d)(4) (and set forth in Section I.A. of this NOFO) in their statutory order of priority. Thus,
NTIA will sequence all applications that address priority one and propose a covered broadband
project designed to provide broadband service to the greatest number of (unserved) households
in an eligible service area and evaluate them against the objective criteria set forth in Section
V.A of the NOFO to determine their eligibility for award. To the extent that funding remains
available after NTIA completes its review of priority one applications, NTIA will then sequence
applications that address priority two. NTIA will continue this priority sequencing process until
it has awarded all available funding.
In addition, NTIA retains discretion to make supplemental awards to a covered partnership to the
extent that another covered partnership does not expend some or all of its grant funds during the
other covered partnership’s period of performance.
Notice of Funding Opportunity – 9
D. Treatment of Unallocated Funds
1. In General: In accordance with Section 905(e)(2)(F) of the Act, if a covered
partnership does not submit an application by the deadline established under this NOFO, or the
Assistant Secretary does not approve an application submitted by a covered partnership under
this NOFO, the Assistant Secretary will make the amounts allocated for the covered partnership
available to other covered partnerships applying to the Broadband Infrastructure Program.
2. Second Process: The Assistant Secretary will initiate a second notice and
application process to reallocate any funds that remain available after awarding grants to covered
partnerships that submitted approved applications during the initial round of funding for the
Broadband Infrastructure Program.
E. Type of Funding Instrument
The funding instrument for awards made pursuant to the NOFO will be a grant.
III. Eligibility Information
A. Eligible Applicants
1. An applicant must be a covered partnership as defined in Section I.B.f of this
NOFO. Specifically, the term “covered partnership” means a partnership between: (A) a
State, or one or more political subdivisions of a State; and (B) a provider of fixed broadband
service. The partnership does not need to be documented in a formal legal agreement at the
time of application submission but should be expressed in the application as a general intent
to cooperate in implementing the covered broadband project proposed for an award. A
covered partnership may include more than one provider of fixed broadband service as part
of its application. Additionally, a fixed broadband service provider may participate in more
than one covered partnership.
Furthermore, the Assistant Secretary will not require a provider of broadband service that is part
of a covered partnership to be designated as an eligible telecommunications carrier pursuant to
section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) to be eligible to receive a
grant under this NOFO or as a condition of receiving a grant under this NOFO.
2. Designation of Lead Applicant—The governmental entity (either a State or a
political subdivision of a State that must be included in a covered partnership) must serve as the
lead applicant for the covered partnership and would enter into the grant agreement with NTIA
and assume primary operational and financial responsibility for completing the project should an
award be made.
B. Cost Sharing or Matching
The Act authorizing the establishment of the Broadband Infrastructure Program does not contain
a statutory cost sharing or matching funds requirement. NTIA will not require a covered
partnership applying for a grant under the Broadband Infrastructure Program to provide a cost
Notice of Funding Opportunity – 10
match; however, NTIA will favorably consider applications that propose to contribute a non-
federal cost match of at least 10 percent of the total eligible costs of the project. See Section V
of this NOFO for the Evaluation Criteria and the Selection Factors for this program. Applicants
proposing a cost share amount must document their capacity to provide matching funds in their
applications. Matching funds may be in the form of either cash or in-kind contributions
consistent with the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards at 2 C.F.R. Part 200.
3
Non-federal cost share committed to an
award by a covered partnership will be treated as voluntary committed cost sharing (as defined in
2 C.F.R. § 200.1) and will be a binding commitment under the award. The failure of a covered
partnership to meet its voluntary committed cost share may result in a decrease in federal grant
funds.
In-kind contributions, which include third party in-kind contributions, are non-cash donations of
property, goods or services, which benefit a federally assisted project, and which may count
toward satisfying the non-federal matching requirement of a project’s total budgeted costs when
such contributions meet certain criteria.
4
In-kind contributions must be allowable and allocable
project expenses. The rules governing allowable in-kind contributions are very detailed and
encompass a wide range of properties and services. NTIA encourages applicants to thoroughly
consider potential sources of in-kind contributions that, depending on the particular property or
service and the applicable federal cost principles, could include: employee or volunteer services;
equipment; supplies; indirect costs; computer hardware and software; and use of facilities. It is
important to note that federal funds may not be used as non-federal match, except as expressly
provided by federal statute.
5
C. Other
1. Eligible and Ineligible Uses of Project FundsSee Section IV.J of this NOFO for
information concerning the eligible and ineligible uses of project funding (including non-federal
cost share) under the Broadband Infrastructure Program.
2. Single Application Section 905(e)(2)(C) of the Act states that a covered
partnership may submit only one application for the Broadband Infrastructure Program.
3. State Coordination on Covered Broadband Projects — Given the Act’s
requirement that a covered partnership submit only one application and the limited amount of
federal funds available for award, NTIA encourages political subdivisions of a State that are
contemplating forming a covered partnership with one or more providers of fixed broadband
service to coordinate and consult with the State’s Broadband Office or other coordinating body
to ensure that the proposal is consistent with a State’s broadband plan or priorities. Such
coordination enables the State to evaluate the proposed covered broadband projects presented for
consideration and ensure the submission of top priority projects for funding under the Broadband
3
See id. and 2 C.F.R. § 200.306.
4
See 2 C.F.R. § 200.306.
5
See id.
Notice of Funding Opportunity – 11
Infrastructure Program. Additionally, the applicant must identify on Line 19 of the SF-424
application form whether the application is subject to State review pursuant to Executive Order
12372 and whether the application was selected for review by the State.
IV. Application and Submission Information
A. Address to Request Application Package
Application forms and instructions are available on the Grants.gov website (www.grants.gov).
To access these materials, go to http://www.grants.gov, selectHow to Apply for Grants,” and
then select “Search for Opportunity Package.” Enter the CFDA number (11.031) and/or the
funding opportunity number (NTIA-Broadband-Infrastructure-Program-2021). Select “Grant
Opportunity Package,” and then follow the prompts. To download the instructions, go to
Preview Opportunity Package” and selectDownload Instructions.” NTIA recommends that
applicants visit Grants.gov prior to filing their applications so that they fully understand the
process and requirements. Failure to properly register and apply for funds under the Broadband
Infrastructure Program by the deadline established in this NOFO may result in a covered
partnership losing this grant opportunity. Applications are accepted until the deadline and are
processed as received. Application packages, or portions thereof, submitted by email, paper, or
facsimile will not be accepted.
With respect to electronic methods for providing information about funding opportunities or
accepting applicants’ submissions of information, NTIA is responsible for compliance with
Section 508 of the Rehabilitation Act of 1973, as amended by the Workforce Act of 1998.
B. Content and Form of Applications
Applications for the Broadband Infrastructure Program must be complete and follow the format
described in this NOFO. Complete applications must be received by www.grants.gov no later
than 11:59 p.m. Eastern Daylight Time (EDT) on August 17, 2021. Pre-applications are not
being accepted for this program.
A complete application packet consists of the following forms and required submissions, which
are discussed in more detail below.
1. Standard Form 424: Application for Federal Assistance
This is the title page (SF-424). This form (and all additional forms requiring a signature) must
be signed by the applicant’s authorized organization representative (AOR). Electronic signatures
submitted through www.grants.gov satisfy this requirement.
o SF-424, Item 8.d Zip/Postal Code field, should reflect the Zip code + 4 (#####-
####) format.
o SF-424, Item 12, should list the NOFO number as NTIA-Broadband-
Infrastructure-Program-2021.
o SF-424, Item 18, should list the total federal budget amount requested for the
entire project.
Notice of Funding Opportunity – 12
o SF-424, Item 19, Applications under this program are subject to Executive
Order 12372, “Intergovernmental Review of Federal Programs,” which requires
intergovernmental consultation with state and local officials. Applicants are
required to submit a copy of their applications to their designated state Single
Point of Contact (SPOC) offices, which should be reflected in Item 19 on the
SF-424.
o For SF-424, Item 21, the list of certifications and assurances that are referenced
is contained in the Federal Financial Assistance Certifications and
Representations (Certs and Reps) as part of the SAM.gov entity registration, as
well as the Certifications Regarding Debarment and Suspension, as described in
section IV.F of this NOFO below.
2. Standard Form 424C: Budget Information for Construction Programs (SF-
424C)
Applicants must complete this form and, as indicated in section IV.B.7 below, provide a detailed
budget narrative that adequately describes all proposed activities and costs for their grant-funded
project(s).
3. Standard Form 424D: Assurances for Construction Programs (SF-424D)
The SF-424D is required for all applicants that have not updated their System for Award
Management (SAM.gov) entity registration since February 2, 2019 to include the federal
financial assistance Certifications and Representations (Certs and Reps). If an applicant has
updated their SAM.gov entity registration since February 2, 2019 to include the certifications
and representations, then the SF-424D is not required.
4. CD–511 Certification Regarding Lobbying
Enter “NTIA-Broadband-Infrastructure-Program-2021” in the Award Number field. Enter the
title of the application used in field 15 of the SF-424, or an abbreviation of that title, in the
Project Name field.
5. Standard Form LLL, Disclosure of Lobbying Activities (if applicable)
6. Project Narrative
The Project Narrative is a word-processed document of not more than twenty (20) single-spaced
pages (40 double-spaced pages) responsive to the program description, statutory purposes,
funding priorities, and the evaluation criteria set forth in this NOFO. The Project Narrative shall
include:
a. An executive summary of the project not to exceed two (2) pages. Please note, if an
applicant’s proposal is selected for funding, NTIA may use all or a portion of the
Executive Summary as part of a press release issued by NTIA, or for other public
information and outreach purposes. Applicants are advised not to incorporate
information that concerns business trade secrets or other confidential commercial or
financial information as part of the Executive Summary. See also 15 C.F.R. § 4.9(c)
concerning the designation of business information by the applicant;
Notice of Funding Opportunity – 13
b. A description of the covered partnership, including a description of the
organizations involved and the qualifications and experience of key personnel
responsible for implementing the proposed project, including;
i. Table of Funded Project Participants and Unfunded Informal
Collaborators. (Does not count toward the page limit). Provide a
table that identifies all organizations that will participate in and
contribute to the proposed activities, if funded, known at the time of
the application submission. The table should consist of an
alphabetically ordered list, by organization, of all Funded Project
Participants and all Unfunded Informal Collaborators. The table
should include the organization’s name, address, administrative role,
scope of work (funded participants only) and proposed funding
amount (funded participants only). Administrative roles are:
applicant, subrecipient, or contractor for funded participants; or
collaborator if they will not receive funding.
ii. Resumes of Key Personnel. (Does not count toward page limit but
are limited to one-page each). One-page resumes of no more than
five key personnel from the participants in the covered partnership
(not subrecipients) may be included. Any information beyond one
page for each resume and any additional resumes submitted will not
be considered.
c. A description of the covered broadband project to be funded by the grant, including
the services, speed or tiers of speeds at which the covered partnership plans to offer
broadband service, the proposed prices of the broadband service offerings, the
technical details of the project, including the type of technology to be deployed, and
the cost details of the project, including financial analyses and revenue and expense
projections, and a description of why federal financial assistance is needed to
implement the covered broadband project;
d. A description of the area to be served by the covered broadband project (referred to
as the proposed service area) including a list of the census blocks to be served, or
portions thereof, the percentage of the total unserved (lack of infrastructure)
population to be served by the project, and the number of unserved households,
businesses, and community anchor institutions the project plans to connect;
e. A description of which statutory funding priority(ies) (as set forth in Section I.A of
this NOFO) the proposed project would address and how the proposed project would
address such funding priority(ies);
f. A description of how the project addresses the evaluation criteria identified in Section
V.A of this NOFO, including a description of project beneficiaries, service area level
of need, project sustainability, and expected outcomes;
Notice of Funding Opportunity – 14
g.A description of how their deployment will have the ability to scale over time for
greater capability (e.g., using integrated advanced services such as 5G or fiber);
h. A project plan describing all major project activities and timelines for
implementation, including key deployment milestones;
i. A brief description of the physical project area and its surroundings (e.g., disturbed
or developed land vs. open space; adjacent natural resources, such as rivers, wetlands,
or forestlands; and any protected lands or resources in or near the project area),
including site photographs and aerial (e.g., Google Earth or Google Maps images)
photographs, if the project includes construction and/or ground disturbing activities.
This description should also describe how the covered partnership intends to comply
with the environmental and historic preservation requirements applicable to an award
received under the Broadband Infrastructure Program (including, but not limited to,
the National Environmental Policy Act and the National Historic Preservation Act),
and if applicable, provide a copy of any environmental and historic preservation
review documentation that has been prepared in connection with obtaining permits or
approvals from State, local or other federal entities. It is the applicant’s responsibility
to obtain all necessary federal, State, and local governmental permits and approvals
necessary for the proposed work to be conducted. Applicants are expected to design
their projects so that they minimize the potential for adverse impacts on the
environment. Applicants also will be required to cooperate with NTIA in identifying
feasible measures to reduce or avoid any identified adverse environmental impacts of
their proposed projects. The failure to do so may be grounds for not making an
award. Environmental and historic preservation review documentation, if provided,
is not included in the 20-page limit of the project narrative; and
j. A description of any support provided to the provider of broadband service that is
part of the covered partnership through:
i. Any grant, loan, or loan guarantee provided by a State to the provider
of broadband service for the deployment of broadband service in the
proposed service area;
ii. Any grant, loan, or loan guarantee with respect to the proposed
service area provided by the Secretary of Agriculture under:
1. Title VI of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.), including: any program to provide grants,
loans, or loan guarantees under sections 601 through 603 of
that Act (7 U.S.C. 950bb et seq.); and the Community
Connect Grant Program established under section 604 of that
Act (7 U.S.C. 950bb–3); or
2. The broadband loan and grant pilot program known as the
“Rural eConnectivity Pilot Program” or the “ReConnect
Notice of Funding Opportunity – 15
Program” authorized under section 779 of division A of the
Consolidated Appropriations Act, 2018 (Public Law 115–141;
132 Stat. 348);
iii. Any high-cost universal service support provided under section 254
of the Communications Act of 1934 (47 U.S.C. 254);
iv. Any grant provided under section 6001 of the American Recovery
and Reinvestment Act of 2009 (47 U.S.C. 1305);
v. Amounts made available for the Education Stabilization Fund under
the heading “DEPARTMENT OF EDUCATION” in title VIII of
division B of the CARES Act (Public Law 116–136; 134 Stat. 564);
or
vi. Any other grant, loan, or loan guarantee provided by the Federal
Government for the provision of broadband service.
k. A description of whether and, if so, how the project will incorporate strong
labor standards, including project labor agreements and community benefit agreements
that offer wages at or above the prevailing rate and include local hire provisions, and a
description of the applicant’s workforce plans and practices.
7. Budget Narrative and Detailed Budget Justification
Applicants must submit a Detailed Budget Justification in the form of a spreadsheet, as well as a
Budget Narrative in the form of a word document. All budget information must support the
dollar amounts identified in the SF-424 and SF-424C and demonstrate that the project or activity
meets the eligible use requirements in the Act and this NOFO.
The Detailed Budget Justification spreadsheet must reflect the cost categories that appear on the
SF-424C (e.g., administrative and legal expenses; land; structures; rights-of-way; appraisals;
construction, etc.) and include itemized calculations for each cost placed under those categories.
The spreadsheet must be formatted to fit letter-sized paper (8.5” x 11”).
The Budget Narrative must explain the necessity and basis for all costs, clearly correspond to the
information included in the Detailed Budget Justification spreadsheet, and reflect only allowable
costs that are consistent with the project scope. Information on cost allowability is available in
the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards at 2 C.F.R. § 200, which apply to awards in this program.
If cost sharing or matching funds are included in the budget, the applicant must identify the non-
federal source (e.g., state funding) and distinguish the non-federal and federal portions of the
budget in the Detailed Budget Justification and Budget Narrative. Information regarding cost
sharing or matching funds is available in 2 C.F.R. § 200.306.
Notice of Funding Opportunity – 16
8. Indirect Cost Rate Agreement (as applicable)
If indirect costs are included in the proposed budget, provide a copy of the approved negotiated
agreement if this rate was negotiated with a cognizant federal agency. If the rate was not
established by a cognizant federal agency, provide a statement to this effect. If the successful
applicant includes indirect costs in the budget and has not established an indirect cost rate with a
cognizant federal agency, the applicant will be required to obtain such a rate in accordance with
Section B.06 of the Department of Commerce Financial Assistance Standard Terms and
Conditions, dated November 12, 2020.
Alternatively, in accordance with 2 C.F.R. § 200.414(f), applicants, other than entities described
in Section D.1.b. of Appendix VII to 2 C.F.R. Part 200, that do not have a current negotiated
indirect cost rate (including a provisional rate) may elect to charge indirect costs to the award
pursuant to a de minimis rate of 10 percent of modified total direct costs, in which case a
negotiated indirect cost rate agreement is not required. As described in 2 C.F.R. § 200.403, costs
must be consistently charged as either indirect or direct costs, but may not be double charged or
inconsistently charged as both. Once chosen, this methodology must be used consistently for all
federal awards until such time as a non-federal entity chooses to negotiate for a rate, which the
non-federal entity may apply to do at any time. Applicants proposing a 10 percent de minimis
rate pursuant to 2 C.F.R. § 200.414(f) must note this election as part of the budget portion of the
application.
9. Letters of Commitment
Each application must include a Letter of Commitment from an authorized representative of each
member of the covered partnership. The Letter of Commitment will discuss the scope of work to
be undertaken by the member of the covered partnership and its relevance to the covered
broadband project.
10. Maps of proposed service areas (preferably in shapefiles, .kmz, or .kml formats).
11. Pro forma financial information and analyses, such as balance sheets, income
statements, and statements of cash flows; and
12. Network diagram(s) and system design(s).
C. Additional Application Materials
No additional application materials are required, beyond what is enumerated above.
D. Attachment of Required Documents
Items in Section IV.B.1 though IV.B.5 above are part of the standard application package in
Grants.gov and can be completed through the download application process.
Notice of Funding Opportunity – 17
Items in Section IV.B.6 through IV.B.12 above must be completed and attached by clicking on
“Add Attachments” found in item 15 of the SF-424, Application for Federal Assistance. This
will create a zip file that allows for transmittal of the documents electronically via Grants.gov.
Applicants should carefully follow specific Grants.gov instructions at www.Grants.gov to ensure
the attachments will be accepted by the Grants.gov system. A receipt from Grants.gov indicates
only that an application was transferred to a system. It does not provide details concerning
whether all attachments (or how many attachments) transferred successfully. Applicants will
receive a series of e-mail messages over a period of up to two business days before learning
whether a federal agency’s electronic system has received its application.
E. Application Format
1. Paper, Emailed and Facsimile (fax) submissions
Paper, email and facsimile submissions will not be accepted.
2. Figures, graphs, images, and pictures
Should be of a size that is easily readable or viewable and may be landscape orientation.
3. Font
Easy to read font (10-point minimum). Smaller type may be used in figures and tables but must
be clearly legible.
4. Line spacing
Applicants may use single spacing or double spacing.
5. Margins
One inch top, bottom, left, and right.
6. Page layout
Portrait orientation except for figures, graphs, images, and pictures. Paragraphs are to be clearly
separated from each other by double spacing, paragraph formatting or equivalent.
7. Page limit
The Project Narrative is limited to 20 pages single spaced (40 pages double spaced), noting the
limit of two (2) pages for the Executive Summary. Resumes, environmental and historic
preservation review documentation, the table of funded project participants, and unfunded
informal collaborators are not included in the page count of the Project Narrative. However, if
resumes are included, resumes must be a maximum of one (1) page each.
Notice of Funding Opportunity – 18
8. Page numbering
Number pages sequentially.
9. Page size
8½ inches by 11 inches, excluding maps of proposed service areas or network or system
diagrams.
10. Application language
English.
11. Typed document
All applications, including forms, must be typed.
F. Certifications Regarding Debarment and Suspension (applies to all members of a
covered partnership and to all subrecipients)
By signing and submitting an application for funding pursuant to the Broadband Infrastructure
Program, the applicant is making the following certifications (see Line 21 on the SF-424):
1. Instructions for Primary Tier Participant Certification (covered partnerships):
a. By signing and submitting this proposal, the prospective primary tier participant is
providing the certification set out below and agrees to comply with the
requirements of 2 C.F.R. Parts 180, 1200 and 1326.
b. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The
prospective primary tier participant shall submit an explanation of why it cannot
provide the certification set out below. The certification or explanation will be
considered in connection with the department or agency’s determination whether
to enter into this transaction. However, failure of the prospective primary tier
participant to furnish a certification or an explanation shall disqualify such person
from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary tier participant
knowingly rendered an erroneous certification, in addition to other remedies
available to the federal government, the department or agency may terminate this
transaction for cause or default or may pursue suspension or debarment.
d. The prospective primary tier participant shall provide immediate written notice to
the department or agency to which this proposal is submitted if at any time the
prospective primary tier participant learns its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
Notice of Funding Opportunity – 19
e. The terms covered transaction, civil judgment, debarment, suspension, ineligible,
participant, person, principal, and voluntarily excluded, as used in this clause, are
defined in 2 C.F.R. Parts 180, 1200 and 1326. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a
copy of those regulations.
f. The prospective primary tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is proposed for
debarment under 48 C.F.R. Part 9, Subpart 9.4, debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this transaction.
g. The prospective primary tier participant further agrees by submitting this proposal
that it will include the clause titled "Instructions for Lower Tier Participant
Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided
by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply
with 2 C.F.R. Parts 180, 1200 and 1326.
h. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not proposed
for debarment under 48 C.F.R. Part 9, Subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is
not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
i. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
j. Except for transactions authorized under paragraph 6 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 C.F.R. Part 9,
Subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the
federal government, the department or agency may terminate the transaction for
cause or default.
2. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -
Primary Tier Covered Transactions:
Notice of Funding Opportunity – 20
a. The prospective primary tier participant certifies to the best of its knowledge and
belief, that it and its principals:
b. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by
any federal department or agency;
c. Have not within a three-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state or local) transaction or contract under a public transaction; violation
of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
d. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
e. Have not within a three-year period preceding this application/proposal had one
or more public transactions (federal, state, or local) terminated for cause or
default.
f. Where the prospective primary tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
3. Instructions for Lower Tier Participant Certification (applies to subrecipients):
a. By submitting this proposal and accepting federal funding, the prospective lower
tier participant is providing the certification set out below and agrees to comply
with the requirements of 2 C.F.R. Parts 180, 1200 and 1326.
b. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the federal
government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
c. The prospective lower tier participant shall provide immediate written notice to
the person to which this proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
d. The terms covered transaction, civil judgment, debarment, suspension, ineligible,
participant, person, principal, and voluntarily excluded, as used in this clause, are
defined in 2 C.F.R. Parts 180, 1200 and 1326. You may contact the person to
whom this proposal is submitted for assistance in obtaining a copy of those
regulations.
e. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is proposed for
debarment under 48 C.F.R. Part 9, Subpart 9.4, debarred, suspended, declared
Notice of Funding Opportunity – 21
ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction
originated.
f. The prospective lower tier participant further agrees by submitting this proposal
that it will include the clause titled "Instructions for Lower Tier Participant
Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply
with 2 C.F.R. Parts 180 and 1200.
g. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not proposed
for debarment under 48 C.F.R. Part 9, Subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its
principals are not suspended, debarred, or otherwise ineligible to participate in
covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is
not required to, check the System for Award Management Exclusions website
(https://www.sam.gov).
h. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
i. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for debarment under 48 C.F.R. Part 9,
Subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the
federal government, the department or agency with which this transaction
originated may pursue available remedies, including suspension or debarment.
4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions:
a. The prospective lower tier participant certifies, by submission of this proposal,
that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in
covered transactions by any federal department or agency.
b. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
Notice of Funding Opportunity – 22
G. Dun & Bradstreet Number and System for Award Management
Pursuant to 2 C.F.R. Part 25, an applicant or recipient (as the case may be) is required to: (i) be
registered in the System for Award Management (SAM) before submitting its complete
application packet; (ii) provide a valid unique entity identifier in its application; and (iii)
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, unless otherwise excepted from these requirements pursuant to 2 C.F.R.
§ 25.110. NTIA will not make a federal award to an applicant until the applicant has complied
with all applicable unique entity identifier and SAM requirements and, if an applicant has not
fully complied with the requirements by the time that NTIA is ready to make a federal award
pursuant to this NOFO, NTIA may determine that the applicant is not qualified to receive a
federal award.
1. DUNS Number
All applicants must supply a Dun and Bradstreet Data Universal Numbering System (DUNS)
number. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free
DUNS number request line at 1-866-705-5711 or via the Internet at
http://fedgov.dnb.com/webform.
2. System for Award Management
All applicants must register in the SAM before submitting a complete application packet.
Additionally, the applicant must 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. Applicants can register for the SAM at
https://www.sam.gov/.
H. Submission Dates and Times
Complete applications must be received by www.grants.gov no later than 11:59 p.m. Eastern
Daylight Time (EDT) on August 17, 2021. Complete applications or portions thereof submitted
by postal mail, courier, email, or by facsimile will not be accepted. All application forms and
documents must be included with an applicant’s complete application packet submission via
www.grants.gov. Applicants should be aware, and factor in their application submission
planning, that the Grants.gov system periodically closes for routine maintenance. Applicants
should visit Grants.gov for information about any scheduled closures.
When developing the submission timeline, please keep in mind that: (1) all applicants are
required to have current registrations in the electronic System for Award Management
(SAM.gov) and Grants.gov; (2) the free annual registration process in SAM.gov generally takes
between three (3) and five (5) business days but can take more than three weeks; and (3)
applicants will receive e-mail notifications over a period of up to two (2) business days as the
application moves through intermediate systems before the applicant learns via a validation or
rejection notification whether a federal agency’s electronic system has received the application.
(See Grants.gov for full information on application and notification through Grants.gov). Please
Notice of Funding Opportunity – 23
note that a federal assistance award cannot be issued if the designated recipient’s registration in
SAM.gov is not current at the time of the award.
NTIA expects to complete its review, selection of successful applicants, and award processing by
November 15, 2021. NTIA expects the earliest start date for awards under this NOFO to be
November 29, 2021.
I. Intergovernmental Review
Applications from a State or a political subdivision of the State under this program are subject to
Executive Order 12372, “Intergovernmental Review of Federal Programs,” which requires
intergovernmental consultation with state and local officials. All applicants are required to
submit a copy of their applications to their designated state Single Point of Contact (SPOC)
offices.
6
J. Funding Restrictions
1. Eligible Uses of Funds for the Broadband Infrastructure Program
Grant recipients may only use federal award funds and any non-federal cost share committed
to an award to pay for allowable costs under the Broadband Infrastructure Program.
Allowable costs are determined in accordance with the cost principles identified in 2 C.F.R.
Part 200, including Subpart E of such regulations for States and non-profit organizations, and
in 48 C.F.R. Part 31 for commercial organizations,
7
as well as in the grant program’s
authorizing legislation. Federal and non-federal funds committed to an award may only be
used to cover allowable costs incurred during the period of performance and for allowable
closeout costs incurred during the grant closeout process.
Based on the scope of the Broadband Infrastructure Program, below are non-exclusive examples
of how a covered partnership may generally leverage grant funds:
a. fund the costs of construction, improvement, and/or acquisition of facilities and
telecommunications equipment required to provide qualifying broadband service,
including infrastructure for backhaul, middle and last mile networks;
b. fund the cost of long-term leases (for terms greater than one year) of facilities
required to provide qualifying broadband service, including indefeasible right-of-
use (IRU) agreements;
6
See 7 C.F.R. Part 3015, Subpart V.
7
The government has established a set of principles for determining eligible or allowable costs. Allowable costs are
determined in accordance with the cost principles applicable to the entity incurring the costs. For example, the
allowability of costs incurred by State, local or Federally-Recognized Indian tribal governments is determined in
accordance with the provisions of 2 C.F.R. Part 200, Subpart E and the allowability of costs for commercial
organizations is determined in accordance with the provisions of 48 C.F.R. Part 31, unless the Grants Officer
decides in writing to apply the cost principles in 2 C.F.R. Part 200, Subpart E, to commercial organizations pursuant
to 2 C.F.R. § 200.101(a)(2).
Notice of Funding Opportunity – 24
c. fund the costs of engineering design, permitting and work related to
environmental, historical and cultural reviews;
d. fund personnel costs, including salaries and fringe benefits for staff and
consultants required for the implementation of the Broadband Infrastructure
Program (such as project managers, program directors, subject matter experts,
grant administrators, financial analysts, accountants, and attorneys);
e. fund reasonable pre-application expenses in an amount not to exceed
$50,000. Pre-application expenses, which include expenses related to
preparing an application, may be reimbursed if they are incurred after the
publication date of this NOFO and prior to the date of issuance of the grant
award from NTIA, except that lobbying costs and contingency fees are not
reimbursable from grant funds. Pre-application costs should be clearly
identified in the proposed project budget. Additionally, pre-application costs
are incurred at the sole risk of the applicant and will not be reimbursed by
NTIA if the proposed project does not receive an award pursuant to this
program; and
f. fund other allowable costs necessary to carrying out programmatic activities of
an award, not to include ineligible costs described below in Section IV.J.2 of this
NOFO.
2. Ineligible Costs for the Broadband Infrastructure Program
Ineligible costs include those costs that are unallowable under the applicable federal cost
principles. Please note that costs ineligible for the Broadband Infrastructure Program may
not be paid for with non-federal cost share committed to an award. In addition, the following
costs are specifically identified as prohibited under the Broadband Infrastructure Program:
a. Covered PartnershipThe following costs prohibitions apply to all members
of a covered partnership:
i. Prohibition On Use of Grant Funds For Covered Communications
Equipment Or Services.—A covered partnership may not use grant funds
received under the Broadband Infrastructure Program to purchase or support any
covered communications equipment or service (as defined in section 9 of the
Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608)).
ii. Prohibition on Profit and Fees.—A profit, fee, or other incremental
charge above actual cost is not an allowable cost under this program.
iii. Prohibition on Use of Grant Funds to Support or Oppose
Collective Bargaining.—A covered partnership may not use grant funds, whether
directly or indirectly as an offset for other funds, to support or oppose collective
bargaining.
Notice of Funding Opportunity – 25
b. Provider of Broadband ServicesThe following cost prohibitions apply to a
provider of broadband services that is a member of a covered partnership:
As a condition of receiving a grant under the Broadband Infrastructure Program, a
provider of broadband service that is part of a covered partnership receiving the grant is
prohibited:
i. from using the grant amounts to repay, or make any other payment
relating to, a loan made by any public or private lender;
ii. from using grant amounts as collateral for a loan made by any public or
private lender;
iii. from using more than $50,000 of the grant amounts to pay for the
preparation of the grant;
iv. from using grant funds to pay for previously incurred administrative
costs or previously purchased equipment or construction activities undertaken
prior to the award; and
v. from using grant funds to pay for the costs of providing broadband
service to any locations that are used to meet an FCC Universal Service Fund
(USF) deployment obligation.
3. Impact On Other Federal Broadband Programs.—As stated in Section 905(g) of
the Act, the use of grant funds received under the Broadband Infrastructure Program by a covered
partnership or subrecipient shall not impact the eligibility of, or otherwise disadvantage, the
covered partnership or subrecipient with respect to participation in any other federal broadband
program.
K. Material Representations and Public Disclosure of Applications
All forms and supporting documents submitted as part of the complete application packet will be
treated as a material representation of fact upon which NTIA will rely in awarding grants.
Applicants should be aware that NTIA may make all or portions of their applications for grants
under the Broadband Infrastructure Program publicly available as required under applicable
federal laws. See Section VIII.A of this NOFO for additional information concerning the
confidentiality of information contained in an application.
L. Other Submission Requirements
Complete applications for the Broadband Infrastructure Program must be electronically
submitted through www.grants.gov. Late or incomplete applications and applications submitted
by mail, courier, or by facsimile will not be accepted.
Notice of Funding Opportunity – 26
1. How to Register to Apply through Grants.gov
Read the instructions below about registering to apply for the funds available under the
Broadband Infrastructure Program. 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.
Organizations must have a Data Universal Numbering System (DUNS) Number, active System
for Award Management (SAM) registration, and Grants.gov account to apply for grants. If
individual applicants are eligible to apply for this funding opportunity, then you may begin with
step 3, Create a Grants.gov Account, listed below.
Creating a Grants.gov account can be completed online in minutes, but DUNS and SAM
registrations may take several weeks. Therefore, an organization's registration should be done in
sufficient time to ensure it does not impact the entity's ability to meet required application
submission deadlines.
Complete organization instructions can be found on Grants.gov here:
https://www.grants.gov/web/grants/applicants/organization-registration.html
1) Obtain a DUNS Number: All entities applying for funding, including renewal funding,
must have a DUNS Number from Dun & Bradstreet (D&B). Applicants must enter the
DUNS Number in the data entry field labeled "Organizational DUNS" on the SF-424
form. For more detailed instructions for obtaining a DUNS Number, refer to:
https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-
duns-number.html
2) Register with SAM: All organizations applying online through Grants.gov must register
with the System for Award Management (SAM). Failure to register with SAM will
prevent your organization from applying through Grants.gov. SAM registration must be
renewed annually. For more detailed instructions for registering with SAM, refer to:
https://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-
with-sam.html
3) Create a Grants.gov Account: The next step is to register an account with Grants.gov.
Follow the on-screen instructions or refer to the detailed instructions here:
https://www.grants.gov/web/grants/applicants/registration.html
4) Add a Profile to a Grants.gov Account: A profile in Grants.gov corresponds to a single
applicant organization the user represents (i.e., an applicant) or an individual applicant. If
you work for or consult with multiple organizations and have a profile for each, you may
log in to one Grants.gov account to access all of your grant applications. To add an
organizational profile to your Grants.gov account, enter the DUNS Number for the
organization in the DUNS field while adding a profile. For more detailed instructions
Notice of Funding Opportunity – 27
about creating a profile on Grants.gov, refer to:
https://www.grants.gov/web/grants/applicants/registration/add-profile.html
5) EBiz POC Authorized Profile Roles: After you register with Grants.gov and create an
Organization Applicant Profile, the organization applicant's request for Grants.gov roles
and access is sent to the EBiz POC. The EBiz POC will then log in to Grants.gov and
authorize the appropriate roles, which may include the AOR role, thereby giving you
permission to complete and submit applications on behalf of the organization. You will be
able to submit your application online any time after you have been assigned the AOR
role. For more detailed instructions about creating a profile on Grants.gov, refer to:
https://www.grants.gov/web/grants/applicants/registration/authorize-roles.html
6) Track Role Status: To track your role request, refer to:
https://www.grants.gov/web/grants/applicants/registration/track-role-status.html
Electronic Signature: When the complete application packet is 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 is often missed and it is crucial for valid
and timely submissions.
2. How to Submit an Application for the Broadband Infrastructure Program via
Grants.gov
Grants.gov applicants can apply online using Workspace. Workspace is a shared, online
environment where members of a grant team may simultaneously access and edit different
webforms within an application.
Below is an overview of applying on Grants.gov. For access to complete instructions on how to
apply for opportunities, refer to:
https://www.grants.gov/web/grants/applicants/workspace-overview.html
1) Create a Workspace: Creating a workspace allows you to complete it online and route
it through your organization for review before submitting.
2) 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 state 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.
a. 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
Notice of Funding Opportunity – 28
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/web/grants/applicants/adobe-software-compatibility.html
b. 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.
c. 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 DUNS
Number. Once it is completed, the information will transfer to the other forms.
3) 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.
4) 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 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/web/grants/applicants/applicant-training.html.
Applicant Support: Grants.gov provides applicants 24/7 support via the toll-free number 1-800-
518-4726 and email at [email protected]. For questions related to the specific grant
opportunity, contact the number listed in the application package of the grant you are applying
for.
If you are experiencing difficulties with your submission, it is best to call the Grants.gov Support
Center and get a ticket number. The Support Center ticket number will assist NTIA with
tracking your issue and understanding background information on the issue.
3. Timely Receipt Requirements and Proof of Timely Submission
Online Submission. Proof of timely submission is automatically recorded by Grants.gov. An
electronic date/time stamp is generated within the system when the application is successfully
received by Grants.gov. The applicant with the AOR role who submitted the application will
receive an acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from
Grants.gov with the successful transmission of their application. This applicant with the AOR
Notice of Funding Opportunity – 29
role will also receive the official date/time stamp and Grants.gov Tracking number in an email
serving as proof of their timely submission.
When NTIA successfully retrieves the application from Grants.gov, and acknowledges the
download of submissions, Grants.gov will provide an electronic acknowledgment of receipt of
the application to the email address of the applicant with the AOR role who submitted the
application. Again, proof of timely submission shall be the official date and time that Grants.gov
receives your application. Applications received by Grants.gov after the established due date for
the program will be considered late and will not be considered for funding by NTIA.
Applicants using slow internet, such as dial-up connections, should be aware that transmission
can take some time before Grants.gov receives your application. Again, Grants.gov will provide
either an error or a successfully received transmission in the form of an email sent to the
applicant with the AOR role attempting to submit the application. The Grants.gov Support
Center reports that some applicants end the transmission because they think that nothing is
occurring during the transmission process. Please be patient and give the system time to process
the application.
4. Amendments
Any amendments to this NOFO will be announced through Grants.gov. Applicants may sign up
on Grants.gov to receive amendments by email or may request copies by e-mail from
V. Application Review Information
A. Evaluation Criteria for the Broadband Infrastructure Program
NTIA will evaluate those eligible applications that satisfy the statutory purposes and funding
priorities set forth in the Act and in this NOFO against objective evaluation criteria to determine
whether an application merits an award. Applications that satisfy the funding priorities of the
Broadband Infrastructure Program and score highly when evaluated against the objective
evaluation criteria during the Merit Review will advance to the Programmatic Review. From
this pool of applications, NTIA will select awardees based on the results of the Merit and
Programmatic Reviews, and by applying the Selection Factors listed in this NOFO.
The evaluation criteria that will be used by the Merit Reviewers to review and analyze
Broadband Infrastructure Program applications are grouped into three categories: (1) Project
Purpose and Benefits; (2) Project Viability; and (3) Project Budget and Sustainability. Each
application will be evaluated against the following objective criteria.
1. Project Purpose and Benefits (30 points)
a. Level of Impact in the Proposed Service Area (20 points). Reviewers will
consider the number of total households, businesses and community anchor institutions that the
project will connect in the proposed service area; the total number of unserved households, as
Notice of Funding Opportunity – 30
defined in Section I.B.10 of the NOFO, that the project will connect in the proposed service area;
the total number of households, businesses, and community anchor institutions that will receive
qualifying broadband service; and the total number of households, businesses, and community
anchor institutions that will receive broadband service at speeds greater than qualifying
broadband service.
Reviewers will consider the extent to which the provider(s) of broadband service comprising the
covered partnership has received support from other federal or state sources to deploy broadband
service in the proposed service area. Reviewers will also consider whether there are service
providers already present in all or part of the area, as well as the pricing, coverage, and available
capacity of those providers. Reviewers will consider what proportion of the end users projected
to be served are located in unserved areas and may take into account any comments submitted by
existing broadband service providers in response to the announcement described in Section
VIII.B of this NOFO in making this evaluation.
Applications that propose a Last Mile project must connect 100 percent of total unserved
households, as defined in Section I.B.(k) of this NOFO, in the proposed service area to receive
the full 20 points in this category. Projects to deploy middle mile networks must prioritize
connecting with last mile networks serving unserved households and substantiate the incremental
value to the last mile connection to the middle mile network, including, increased network
capacity for last mile circuits, increased network performance, and lower costs that are passed
onto end users, as well as identify potential or partnered last mile networks that could or would
leverage the middle mile network, in the proposed service area to receive points in this category.
b. Affordability of Services Offered (10 points). Applications will be evaluated on
the pricing of the broadband services offered compared to existing broadband services in the
proposed service area or based on nationwide averages. Applicants should demonstrate that this
pricing is competitive and affordable to their target markets.
To receive a full score in this category, the applicant must address all of the criteria in the
category with distinction as well as all of the factors for which an applicant may receive
additional consideration.
2. Project Viability (40 points)
a. Technical Approach and Related Network Capacity and Performance (20 points).
Applications will be scored on the comprehensiveness and appropriateness of the technical
solution for the community need and related benefits (capacity and performance). Applications
will be evaluated on the proposed technological solution and the ability of the proposed network
to provide sufficient capacity, as well as scalability, to meet the needs of the households,
businesses, and community anchor institutions in the proposed service area. Networks with
higher end-user speeds and the potential for incremental future capacity/bandwidth increases to
offer higher broadband speeds in the future, will receive greater consideration. Proposed
networks that deliver broadband service with 95 percent or more of all peak period
measurements of network round-trip latency at or below 80 milliseconds will receive 10 points.
Notice of Funding Opportunity – 31
Reviewers will give additional consideration for construction projects that are “shovel ready”
and capable of completion within a one-year award period.
b. Applicant’s Organizational Capability (20 points). Reviewers will assess whether
the applicant has the organizational capability necessary to undertake and complete the project.
Reviewers will consider the experience and expertise of the project management team and the
past track record of the organization with projects of a similar size and scope, as well as the
organization’s capacity and readiness. Reviewers will also assess the applicant's partnership
and/or subrecipient strategy, including how it complements the applicant's organizational
capacity, as well as the project approach, feasibility, and timely completion of proposed project.
NTIA will only fund proposals where it determines that the applicant has the organizational
capability necessary to carry out the project to completion.
3. Project Budget and Sustainability (30 points)
a. Reasonableness of the Budget (10 points). Reviewers will evaluate the
reasonableness of the budget based on its clarity, level of detail, comprehensiveness,
appropriateness to the proposed technical and programmatic solutions, the reasonableness of its
costs, and whether the allocation of funds is sufficient to complete the tasks outlined in the
project plan.
b. Sustainability of the Project (15 points). Applicants must convincingly demonstrate
the ability of the project to be sustained beyond the award period. Reviewers will consider
business plans, market projections, third-party funding commitments, and other data as may be
appropriate to the nature of the applicant and the proposed project. Reviewers will consider
demonstrations of community commitments or anchor tenant commitments that would help
promote sustainability. Project plans that describe the ability to scale and integrate evolving
advanced services over time (such as interoperable interfaces for fifth generation fixed wireless
capability or by deploying fiber) will receive up to 8 points.
c. Leverage of Non-Federal Resources (5 points). Reviewers will give additional
consideration to those applications that propose to contribute a non-federal cost share of at least
10 percent of the total eligible project costs as reflected in the proposed project budget.
To receive a full score in this category, the applicant must address all of the criteria in
the category with distinction as well as all of the factors for which an applicant may receive
additional consideration.
B. Review Process for the Broadband Infrastructure Program
The review process will be divided into three stages as outlined below:
1. Initial Administrative and Eligibility Review of Complete Application Packets
NTIA will conduct an initial review of timely received applications submitted in response to this
NOFO to determine eligibility, completeness and responsiveness to the programmatic
Notice of Funding Opportunity – 32
requirements of the Broadband Infrastructure Program, including a review of the project
narrative and budget justification. Applications submitted by other than an eligible applicant will
be eliminated from further review. NTIA may continue the initial administrative review process
for an application that is timely submitted by an eligible applicant, but that is missing certain
information or documentation required by this NOFO, and will request missing or incomplete
information from the applicant as needed. The applicant will have seven (7) calendar days to
submit materials responsive to the feedback provided by NTIA, unless this period is extended by
NTIA. Pursuant to Section 905(e)(2)(B) of the Act, an eligible applicant’s failure to remedy
deficiencies in a timely manner may result in NTIA’s denial of the application.
Given the limited amount of funding available for broadband infrastructure deployment awards
and the potentially large number of covered partnerships that may submit applications for this
grant program, NTIA will review applications based on the priorities enumerated in Section
905(d)(4) of the Act (and set forth in Section I.A of this NOFO) in their statutory order of
priority. Thus, NTIA will first sequence all applications that address priority one by proposing a
covered broadband project designed to provide broadband service to the greatest number of
households in an eligible service area and evaluate them against the objective criteria set forth in
Section V.A of the NOFO to determine their eligibility for award. To the extent that funding
remains available after NTIA completes its review of priority one applications, NTIA will then
review applications that address priority two. NTIA will continue this priority sequencing
process until it has awarded all available funding.
2. Merit Review
Applications satisfying the Initial Administrative and Eligibility Review will be evaluated by at
least two objective reviewers who have demonstrated expertise in the programmatic aspects of
the Broadband Infrastructure Program. They may be federal employees or non-federal persons.
During the review process, the reviewers may discuss the applications with each other, but scores
will be determined on an individual basis. As applicable, reviewers will be required to sign and
submit a nondisclosure and confidentiality form pertaining to the dissemination of confidential
information and to potential financial and other conflicts of interest.
NTIA Program Staff will prioritize applications for Merit Review based on the priorities set forth
in Section 905(d)(4) of the Act (see Section I.A of this NOFO). Reviewers will evaluate
applications according to the evaluation criteria provided in Section V.A of this NOFO and
independently score each application based on a scale of 0-100. In response to reviewer
feedback, NTIA may seek additional clarifying information or corroborating documentation
from an applicant during the course of a merit review and may suggest revisions be made to an
application to resolve perceived material programmatic or financial weaknesses or deficiencies.
In such cases, NTIA will review the feedback from the Merit Reviewers, and will contact the
applicant and provide the applicant with an opportunity to respond to the Merit Review
feedback. The applicant will have ten (10) calendar days to respond to the reviewer feedback,
unless this time period is extended by NTIA. Pursuant to Section 905(e)(2)(B) of the Act, an
eligible applicant’s failure to remedy application deficiencies in a timely and constructive
manner may result in NTIA’s denial of the application.
Notice of Funding Opportunity – 33
Based on an average of the reviewers’ scores, applications will be assigned adjectival ratings for
each priority group in accordance with the following scale:
Qualified for Funding – (70-100 points)
Unqualified for Funding – (0-69 points)
NTIA may use its sole discretion to terminate the Merit Review revision process for an applicant
if, after multiple opportunities to respond to Merit Review feedback, NTIA determines that the
applicant is not sufficiently responding to requests for additional information or remedying
application deficiencies.
3. Programmatic Review
NTIA Program Staff will review applications determined to be qualified for funding during the
Merit Review process for conformity with programmatic objectives, requirements and priorities.
NTIA Program Staff will prioritize applications for Programmatic Review based on the priorities
for the Broadband Infrastructure Program set forth in Section 905(d)(4) of the Act (see Section
I.A of this NOFO).
During Programmatic Review, NTIA may ask applicants to submit additional information, as
appropriate, to clarify or to further substantiate the representations made in their applications.
NTIA Program Staff will review the supplemental information, along with all information
submitted with the application, to confirm eligibility and evaluate the applications with respect to
the requirements and priorities of the Broadband Infrastructure Program. NTIA Program Staff
will use available data from the FCC, as required in the Act, to validate eligible service areas.
The FCC Form 477 data is a data layer in NTIA’s National Broadband Availability Map
(NBAM), and NTIA will rely on the FCC’s data, along with other datasets contained in the
NBAM and other available information, to validate applicants’ proposed service areas as
meeting the Act’s definition of eligible service area.
8
Applicants whose supporting documents are not complete, accurate and timely submitted or that
do not adequately substantiate the representations in their applications may be denied. NTIA
will request supplemental documentation before deciding to deny such applications and will re-
evaluate the application package based on all of the information presented. Applicants will have
ten (10) calendar days to submit information responsive to the feedback provided by NTIA,
unless this time period is extended by NTIA.
NTIA reserves the right at any time during the Merit and Programmatic Review processes to
negotiate with the applicant relative to specific modifications to the application, including but not
limited to the resolution of any differences that may exist between the applicant’s original
8
The NBAM is a geographic information system platform that allows for visualization and analysis of federal, state,
and commercially available data sets. This includes data from the Federal Communications Commission, U.S.
Census Bureau, Universal Service Administrative Company, U.S. Department of Agriculture, Ookla, Measurement
Lab, and the state governments. The mapping platform provides users, including administrators from 29
participating states, with access to the NBAM and its data to better inform broadband projects and funding decisions
in their states.
Notice of Funding Opportunity – 34
request and NTIA’s determination of eligible service areas, eligible costs, and Broadband
Infrastructure Program funding priorities. Upon completion of the Programmatic Review, NTIA
Program Staff will summarize their analysis for each application reviewed.
C. Selection Factors and Selection Process
At the conclusion of the Programmatic Review, the Associate Administrator for the Office of
Telecommunications and Information Applications (OTIA Associate Administrator) will prepare
a rank order of applications within a particular priority grouping and present a package or
packages of recommended grant awards to the Selecting Official for review and approval. The
OTIA Associate Administrator’s recommendations to the Selecting Official will consider the
following selection factors:
1. The scores and technical comments of the objective expert reviewers during Merit
Review;
2. The analysis of NTIA Program Staff during Programmatic Review;
3. Satisfaction of multiple Broadband Infrastructure Program priorities set forth in
Section 905(d)(4) of the Act;
4. The extent to which the applicant proposes to contribute non-federal cost share to fund
a portion of the total eligible costs of the project;
5. The equitable geographic distribution of the proposed grant awards;
6. The extent to which the infrastructure investment is necessary to provide qualifying
broadband service in the proposed service area and is unlikely to be made using private sources
of funds;
7. Whether, and the extent to which, the applicant proposes to incorporate strong labor
protections into the performance of the construction project, including paying prevailing wages;
9
8. Avoidance of duplication with the initiatives of other federal agencies, including
Department of Agriculture loan and grant programs for broadband services, applicable universal
service programs authorized by the Federal Communications Commission; and
9. The availability of funds.
9
This means that all laborers and mechanics employed by contractors and subcontractors in the performance of such
project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon
Act”) or, for the corresponding classes of laborers and mechanics employed on projects of a character similar to the
contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed,
or by the appropriate state entity pursuant to a corollary state prevailing-wage-in-construction law (commonly
known as “baby Davis-Bacon Acts”).
Notice of Funding Opportunity – 35
The Assistant Secretary, or their designee, will serve as the Selecting Official for the Broadband
Infrastructure Program. The Assistant Secretary will generally select and recommend
applications for funding based on the rank order within each priority grouping prepared by the
OTIA Associate Administrator. As the Selecting Official, the Assistant Secretary retains
discretion to select and recommend an application for funding that was not recommended by the
OTIA Associate Administrator based on one or more of the selection factors enumerated above,
or not to select an application that was recommended for funding by the OTIA Associate
Administrator. The Assistant Secretary will submit the applications recommended for funding,
along with the bases for the selection decisions, to the National Institute of Standards and
Technology (NIST) Grants Officer, who serves as the Grants Officer for the Broadband
Infrastructure Program. The final approval of selected applications and the issuance of awards
will be made by the NIST Grants Officer. The award decisions of the NIST Grants Officer are
final.
Awards will be made for each priority grouping (as set forth in Section I.A of this NOFO) once
NTIA completes its review and evaluation of all applications within a particular priority group.
All awards are subject to the availability of federal award funds at the time of award.
Unsuccessful applicants will be notified in writing.
As set forth in Section 905(e)(2)(B)(ii) of the Act, the Assistant Secretary may deny an
application submitted under the Broadband Infrastructure Program only if the Assistant Secretary
provides the applicant an opportunity to cure any defects in the application; and, after receiving
the opportunity to cure any defects in the application, the applicant still fails to meet the
requirements of this grant program. The multiple opportunities described in Section V.B of this
NOFO for an applicant to remedy any deficiencies with its application satisfy this requirement.
D. Federal Awarding Agency Review of Risk Posed by Applicants
After applications are proposed for funding by the Selecting Official, the NIST Grants
Management Division (GMD) will perform pre-award risk assessments in accordance with 2
C.F.R. § 200.206, which may include a review of the financial stability of an applicant, the
quality of the applicant’s management systems, the history of performance, reports and findings
from audits, and/or the applicant’s ability to effectively implement statutory, regulatory, or other
requirements imposed on non-federal entities. In addition, prior to making an award where the
total federal share is expected to exceed the simplified acquisition threshold (currently
$250,000), NIST GMD will review and consider the non-publicly available information about
that applicant in the Federal Awardee Performance and Integrity Information System (FAPIIS).
Upon completion of the pre-award risk assessment, NIST GMD will determine whether the
applicant is qualified to receive the award and, if so, whether appropriate specific award
conditions that correspond to the degree of risk posed by the applicant should be applied to the
award.
E. Anticipated Announcement and Award Dates
NTIA expects to complete its review, selection of successful applicants, and award processing by
November 15, 2021. NTIA expects the earliest start date for awards under this NOFO to be
Notice of Funding Opportunity – 36
November 29, 2021. NTIA anticipates announcing awards made under the Broadband
Infrastructure Program on a rolling basis during calendar year 2021.
VI. Federal Award Administration Information
A. Federal Award Notices
A grants officer from the NIST Grants Office will serve as the Grants Officer for awards issued
pursuant to this NOFO. Applicants will be notified in writing by the NIST Grants Officer if their
application is selected for an award. If the application is selected for funding, the NIST Grants
Officer will issue the grant award (Form CD-450), which is the authorizing financial assistance
award document. By signing the Form CD-450, the recipient agrees to comply with all award
provisions, terms, and conditions.
If an applicant is awarded funding, neither NTIA nor NIST is under any obligation to provide
any additional future funding in connection with that award or to make any future award(s).
Amendment of an award to extend the period of performance is at the discretion of NTIA and the
NIST Grants Officer.
B. Notification to Unsuccessful Applicants.
Unsuccessful applicants will be notified by e-mail and will have the opportunity to receive a
debriefing after the opportunity is officially closed. Applicants must make a request within 10
business days of the email notification to receive a debrief from NTIA. NTIA will then work
with the unsuccessful applicant in arranging a date and time of the debrief.
C. Retention of Unsuccessful Applications.
Unsuccessful applications will be retained in accordance with NTIA recordkeeping
requirements.
D. Administrative and National Policy Requirements
Grant recipients will comply with applicable statutes and regulations, including but not limited
to:
1. Uniform Administrative Requirements, Cost Principles and Audit
Requirements. Through 2 C.F.R. § 1327.101, the Department of Commerce adopted
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards at 2 C.F.R. Part 200, which apply to awards in this program. Refer to
http://go.usa.gov/SBYh and http://go.usa.gov/SBg4.
2. Department of Commerce Financial Assistance Standard Terms and Conditions.
The Department of Commerce will apply to each award in this program, the Financial
Assistance Standard Terms and Conditions in effect on the date of award. The current
version, dated November 12, 2020, is accessible at Department of Commerce
Notice of Funding Opportunity – 37
Financial Assistance Standard Terms and Conditions. Refer to Section VII of this
NOFO, Federal Awarding Agency Contacts, Grant Rules and Regulations, if you
need more information.
3. Pre-Award Notification Requirements. The Department of Commerce will apply
the Pre-Award Notification Requirements for Grants and Cooperative Agreements
dated December 30, 2014 (79 FR 78390), accessible at http://go.usa.gov/hKkR.
Refer to Section VII of this NOFO, Federal Awarding Agency Contacts, Grant Rules
and Regulations, for more information.
4. Environmental and National Historical Preservation Requirements. Awarding
agencies are required to analyze the potential environmental impacts, as required by
the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and the
National Historic Preservation Act (NHPA) (54 U.S.C. 300101 et seq.) for applicant
proposals and awardee projects seeking funding under the Broadband Infrastructure
Program. Applicants with projects containing construction and/or ground disturbing
activities are required to submit all required environmental documentation with their
application package or describe in their project narrative the physical project location
and included photographs, as described above, and how they will comply with
applicable environmental and national historical preservation requirements. It is the
applicant’s responsibility to obtain all necessary federal, state, and local governmental
permits and approvals necessary for the proposed work to be conducted. Applicants
are expected to design their projects so that they minimize the potential for adverse
impacts on the environment. Applicants also will be required to cooperate with NTIA
in identifying feasible measures to reduce or avoid any identified adverse
environmental impacts of their proposed projects. The failure to do so may be
grounds for not making an award. Applications will be reviewed to ensure that they
contain sufficient information to allow agency staff to conduct a NEPA analysis so
that appropriate NEPA documentation can be submitted to NTIA, along with the
recommendation for funding of the selected applications. If additional information is
required after an application is accepted for funding, funds can be withheld by NTIA
under a specific award condition requiring the awardee to submit additional
environmental compliance information sufficient for the agency to make an
assessment of any impacts that a project may have on the environment.
5. Property Trust Relationship and Public Notice Filings for Grant-Acquired
Property. In accordance with 2 C.F.R. § 200.316, real property, equipment, and
intangible property, that are acquired or improved with a Federal award must be held
in trust by the recipient or subrecipient as trustee for the beneficiaries of the project or
program under which the property was acquired or improved. In this connection,
NTIA may require the non-Federal entity to record liens or other appropriate notices
of record to indicate that personal or real property has been acquired or improved
with a Federal award and that use and disposition conditions apply to the property.
Awards issued pursuant to this NOFO may contain specific award conditions
pertaining to the use and disposition of grant-acquired property and to a requirement
Notice of Funding Opportunity – 38
that the recipient or subrecipient file certain public notices (e.g., UCC-1, Covenant of
Purpose, Use and Ownership, etc.) with respect to grant-acquired property.
6. Open Network Requirements. NTIA will require a recipient receiving funds to
deploy broadband infrastructure under this grant program to make the network open
for interconnection with other broadband service providers. The requirement to
interconnect will apply to applicants that deploy middle mile networks and not last
mile networks. Awards issued pursuant to this NOFO may contain a specific award
condition imposing a requirement to comply with NTIA’s open network
requirements, which allows all other carriers to interconnect with these networks on
fair and non-discriminatory terms and conditions. Such specific award condition may
include the following:
o Interconnection: Recipients shall allow interconnection to grant-funded
facilities at any technically feasible point along the network (without
exceeding current or reasonably anticipated capacity limitations). This duty
includes, at a minimum, the physical interconnection of the recipient’s
facilities to a requesting party’s facilities for the exchange of traffic. In
addition, recipients shall connect to the public Internet directly or indirectly
and provide requesting parties with an ability to connect to the Internet. Rates
and terms for interconnection shall be reasonable and nondiscriminatory.
o Negotiate in Good Faith: Recipients shall negotiate in good faith with all
requesting parties (i.e., public, private, non-profit, or other parties) making a
bona fide request for interconnection or wholesale services.
o Wholesale Broadband Services: NTIA encourages recipients to offer
wholesale broadband services at rates and terms that are reasonable and
nondiscriminatory.
7. Domestic Preference for Procurements (Buy American). Pursuant to 2 C.F.R.
200.322, a non-federal entity should, to the greatest extent practicable under a federal
award, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including, but not limited to, iron, aluminum,
steel, cement, and other manufactured products). The requirements of this section must
be included in all subawards, including all contracts and purchase orders for work or
products pursuant to this program.
8. Contracting with Small and Minority Businesses, Women's Business Enterprises,
and Labor Surplus Area Firms. Pursuant to 2 C.F.R. 200.321, a non-federal entity
must take all necessary affirmative steps (as described in 2 C.F.R. 200.321) to assure that
minority businesses, women's business enterprises, and labor surplus area firms are used
when possible.
Notice of Funding Opportunity – 39
E. Reporting
1. Reporting Requirements. The following reporting requirements described in
Sections A.01, Reporting Requirements, of the
Department of Commerce Financial Assistance Standard Terms and Conditions
(dated November 12, 2020), apply to awards in this program:
a. Financial Reports. Each award recipient will be required to submit an SF-
425, Federal Financial Report on a semi-annual basis for the periods ending
March 31 and September 30 of each year. Reports will be due within 30 days
after the end of the reporting period to the NTIA Federal Program Officer,
Grants Officer and Grants Specialist named in the award documents. A final
financial report is due within 120 days after the end of the project period.
b. Performance (Technical) Reports. Each award recipient will be required to
submit a technical progress report to the NTIA Federal Program Officer,
Grants Officer and Grants Specialist named in the award documents on a
semi-annual basis for the periods ending March 31 and September 30 of each
year. Reports will be due within 30 days after the end of the reporting period.
Technical progress reports shall contain information as prescribed in 2 C.F.R.
§ 200.329 (http://go.usa.gov/xkVgP) and
Department of Commerce Financial Assistance Standard Terms and
Conditions (dated November 12, 2020), Section A.01.
2. Annual Report.—Not later than one year after receiving grant funds under the
Broadband Infrastructure Program, and annually thereafter until the funds have been expended, a
covered partnership shall submit to the Assistant Secretary (via email to the NTIA Federal
Program Officer listed in the recipient’s award documents) a report, with respect to the one-year
period immediately preceding the report date, that:
(a) describes how the covered partnership expended the funds;
(b) certifies that the covered partnership complied with the requirements of the Act and
the Broadband Infrastructure Program, including:
(i) a description of each service provided with the grant funds; and
(ii) the number of locations or geographic areas at which broadband service was
provided using the grant funds; and
(c) identifies each subrecipient that received a subgrant from the covered partnership and
a description of the specific project for which grant funds were provided.
3. Provision Of Information To FCC and USDA.—The Assistant Secretary will
provide the information collected under Section VI.E.2 of this NOFO to the Commission and to
the Department of Agriculture to be used when determining whether to award funds for the
deployment of broadband under any program administered by those agencies. See Section
905(f)(1)(B) of the Act.
Notice of Funding Opportunity – 40
F. Recipient Integrity and Performance Matters
In accordance with section 872 of Public Law 110-417 (as amended; see 41 U.S.C. 2313), if the
total value of a recipient’s currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during
the period of performance of an award made under this NOFO, then the recipient shall be subject
to the requirements specified in Appendix XII to 2 C.F.R. Part 200,
10
for maintaining the
currency of information reported to SAM that is made available in the Federal Awardee
Performance and Integrity Information System (FAPIIS) about certain civil, criminal, or
administrative proceedings involving the recipient.
G. Audit Requirements
2 C.F.R. Part 200, Subpart F, adopted by the Department of Commerce through 2 C.F.R.
§ 1327.101 requires any non-federal entity that expends federal awards of $750,000 or more in
the recipient’s fiscal year to conduct a single or program-specific audit in accordance with the
requirements set out in the Subpart. Additionally, unless otherwise specified in the terms and
conditions of the award, entities that are not subject to Subpart F of 2 C.F.R. Part 200 (e.g.,
commercial entities) that expend $750,000 or more in grant funds during their fiscal year must
submit to the Grants Officer either: (i) a financial related audit of each DOC award or subaward
in accordance with Generally Accepted Government Auditing Standards; or (ii) a project specific
audit for each award or subaward in accordance with the requirements contained in 2 C.F.R.
§ 200.507. Applicants are reminded that NTIA, the Department of Commerce Office of
Inspector General, or another authorized federal agency may conduct an audit of an award at any
time.
H. Federal Funding Accountability and Transparency Act of 2006
In accordance with 2 C.F.R. Part 170, all recipients of a federal award made on or after October
1, 2010, are required to comply with reporting requirements under the Federal Funding
Accountability and Transparency Act of 2006 (Pub. L. No. 109-282). In general, all recipients
are responsible for reporting sub-awards of $25,000 or more. In addition, recipients that meet
certain criteria are responsible for reporting executive compensation. Applicants must ensure
they have the necessary processes and systems in place to comply with the reporting
requirements should they receive funding.
11
VII. Federal Awarding Agency Contact(s)
A. Please direct programmatic inquiries to:
10
See 2 C.F.R. Part 200, Appendix XII, available at http://go.usa.gov/cTBwC.
11
See OMB, Requirements for Federal Funding Accountability and Transparency Act Implementation, Interim final
guidance to agencies with opportunity to comment, 75 FR 55663 (Sept. 14, 2010), available at
http://go.usa.gov/hKnQ
.
Notice of Funding Opportunity – 41
Jennifer Duane
Senior Broadband Program Specialist
Office of Telecommunications and Information Applications
National Telecommunications and Information Administration
U.S. Department of Commerce
1401 Constitution Avenue, NW, Room 4874
Washington, DC 20230
Phone: (202) 482-2048
B. Please direct grant management inquiries to:
Dean Iwasaki
NIST Grants Officer
Grants Management Division
National Institute of Standards and Technology
100 Bureau Drive, MS 1650
Gaithersburg, MD 20899-1650
Phone: (301) 975-8449
Email: dean.iwasaki@nist.gov
C. Please direct media inquiries to:
Stephen F. Yusko
Public Affairs Specialist
Office of Public Affairs
National Telecommunications and Information Administration
U.S. Department of Commerce
1401 Constitution Avenue NW, Room 4897
Washington, DC 20230
Phone: (202) 482-7002
VIII. Other Information
A. Protected and Proprietary Information. The applicant acknowledges and
understands that information and data contained in applications for financial assistance, as well
as information and data contained in financial, performance, and other reports submitted by
applicants, may be used by NTIA in conducting reviews and evaluations of its financial
assistance programs. For this purpose, applicant information and data may be accessed,
reviewed, and evaluated by NTIA employees, other federal employees, federal agents and
contractors, and/or by non-federal personnel, all of whom enter into appropriate confidentiality
and nondisclosure agreements covering the use of such information. As may be provided in the
terms and conditions of a specific financial assistance award, applicants are expected to support
program reviews and evaluations by submitting required financial and performance information
and data in an accurate and timely manner, and by cooperation with NTIA and external program
evaluators. In accordance with 2 C.F.R. § 200.303(e), applicants are reminded that they must
Notice of Funding Opportunity – 42
take reasonable measures to safeguard protected personally identifiable information and other
confidential or sensitive personal or business information created or obtained in connection with
a Department of Commerce financial assistance award.
NTIA will protect confidential and proprietary information from public disclosure to the extent
authorized by applicable law, including the Freedom of Information Act (FOIA), as amended (5
U.S.C. 552), the Trade Secrets Act, as amended (18 U.S.C. 1905), and the Economic Espionage
Act of 1996 (18 U.S.C. 1831 et seq.). Applications submitted in response to this NOFO may be
subject to requests for release under the FOIA. In the event that an application contains
information or data that the applicant deems to be confidential commercial information that is
exempt from disclosure under FOIA, that information should be identified, bracketed, and
marked as Privileged, Confidential, Commercial or Financial Information. Based on these
markings, the confidentiality of the contents of those pages will be protected to the extent
permitted by law.
Additionally, some of the information submitted in the course of applying for funding under this
program, or provided in the course of its grant management activities, may be considered law
enforcement sensitive or otherwise important to national security interests. This may include
threat, risk, and needs assessment information, and discussions of demographics, transportation,
public works, and industrial and public health infrastructures. While this information under
federal control is subject to request made pursuant to the FOIA, 5 U.S.C. 552, all determinations
concerning the release of information of this nature are made on a case-by-case basis and may
fall within one or more of the available exemptions under the FOIA. The applicant is
encouraged to consult its own state and local laws and regulations regarding the release of
information, which should be considered when reporting sensitive matters in the grant
application. The applicant may consult with NTIA regarding concerns or questions about the
release of information under state and local laws. The applicant should be familiar with the
regulations governing Protected Critical Infrastructure Information (6 C.F.R. Part 29) and
Sensitive Security Information (49 C.F.R. Part 1520), as these designations may provide
additional protection to certain classes of homeland security information.
B. Announcement of Proposed Service Areas. To ensure that NTIA targets federal
funds appropriately to areas lacking qualifying broadband service, NTIA will post an
announcement identifying each application from a covered partnership that is currently
undergoing NTIA review for funding, along with a description of the eligible service area it
proposes to serve through its project, including a list of the census blocks, at
https://www.broadbandusa.ntia.doc.gov. The posting of this announcement will provide existing
broadband service providers with a 15-day window to voluntarily submit to NTIA information
about the broadband services they offer in any of the proposed service areas a covered
partnership designates for funding. NTIA will consider the comments of existing broadband
service providers as a factor in its evaluation of a covered partnership’s project proposal
provided that they include the following information, some of which will be made public: (1) the
name of the company providing information on its broadband service offerings; (2) a summary
describing the information the provider has submitted to NTIA; (3) the number of households
and businesses that have access to broadband service in that portion of the provider’s service
territory that overlaps with the applicants’ proposed service area by census block and the number
Notice of Funding Opportunity – 43
lacking access to qualified broadband service as defined in this NOFO; (4) the type of broadband
services the provider offers in its service territory by census block and the technology used to
provide those services, including, for wireless carriers, the spectrum that is used; (5) the speed of
the broadband services that are offered; (6) the number of subscribers that the provider currently
has for each of the broadband services it offers in its service territory by census block; (7) a list
of the provider’s Points of Presence (POPs) in or near the census blocks listed by the
announcement; and (8) such other information that NTIA may request after reviewing the data
that the existing broadband service provider submitted. Existing broadband service providers
may provide maps indicating where they provide broadband service in an applicants’ proposed
service area, preferably in shapefiles, .kmz, or .kml formats.
NTIA will treat information submitted by an existing broadband service provider designated as
proprietary and confidential consistent with applicable federal law. If any of these responses do
contain information or data that the submitter deems to be confidential commercial information
that should be exempt from disclosure under FOIA, that information should be identified,
bracketed, and marked as Privileged, Confidential, Commercial or Financial Information.
Otherwise, the responses will be made publicly available. The information described in items (1)
and (2), which includes the identity of the company submitting information and a summary of its
response, will be made publicly available. NTIA will post at
https://www.broadbandusa.ntia.doc.gov a list of the census blocks in which existing broadband
service providers have indicated that they provide broadband service. NTIA may consider any
information submitted by existing broadband service providers as relevant to its prioritization
and review of the eligible service areas proposed for funding in applications from covered
partnerships.
C. Funding Availability and Limitation of Liability. Funding for the program listed
in this NOFO is contingent upon the availability of appropriations. In no event will NTIA, NIST
or the Department of Commerce be responsible for application preparation costs, including, but
not limited to, if the program fails to receive funding or is cancelled because of agency priorities.
Publication of this NOFO does not oblige NTIA, NIST or the Department of Commerce to award
any specific project or to obligate any available funds. NTIA will fund only projects that are
deemed likely to achieve the Broadband Infrastructure Program’s goals and for which funds are
available.
D. Third Party Beneficiaries. The Broadband Infrastructure Program is a discretionary
grant program that is not intended to and does not create any rights enforceable by third party
beneficiaries.
E. Waiver Authority. It is the general intent of NTIA not to waive any of the provisions
set forth in this NOFO. However, under extraordinary circumstances and when it is in the best
interest of the federal government, NTIA, upon its own initiative or when requested, may waive
the provisions in this NOFO. Waivers may only be granted for requirements that are discretionary
and not mandated by statute or other applicable law. Any request for a waiver must set forth the
extraordinary circumstances for the request.
Notice of Funding Opportunity – 44
F. Paperwork Reduction Act. This NOFO contains an information collection
requirement subject to the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). The PRA
requires each federal agency to seek and obtain OMB approval before collecting information
from the public. Federal agencies may not collect information unless it displays a currently valid
OMB control number. For purposes of the Broadband Infrastructure Program, NTIA will use
Standard Forms 424 (Application for Federal Assistance), 424C (Budget Information for
Construction Programs), 424D (Assurances for Construction Programs), 425 (Federal Financial
Report), and SF-LLL (Disclosure for Lobbying Activities) under the respective control numbers
4040-0004, 4040-0008, 4040-0009, 4040-0014, and 4040-0013.
G. Transparency, Accountability, And Oversight Required.—The Assistant Secretary
has adopted measures, including audit requirements, to implement the Broadband Infrastructure
Program that:
a. ensure sufficient transparency, accountability, and oversight to provide the
public with information regarding the award and use of grant funds under the Broadband
Infrastructure Program;
b. ensure that a recipient of a grant under the Broadband Infrastructure Program
uses the grant funds in compliance with the requirements of Section 905 of the Act, this
NOFO, and the overall purpose of the Broadband Infrastructure Program; and
c. deter waste, fraud, and abuse of grant funds.
H. Unauthorized Use of Funds.—To the extent that the Assistant Secretary or the
Inspector General of the Department determines that a covered partnership has expended grant
funds received under the Broadband Infrastructure Program in violation of the requirements set
forth in Section 905 of the Act, the Assistant Secretary will recover the amount of funds that
were so expended. See Section 905(e)(5) of the Act.