[Federal Register Volume 69, Number 43 (Thursday, March 4, 2004)]
[Notices]
[Pages 10196-10202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4827]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Request for Proposals (RFP): Farm Labor Housing Technical 
Assistance Grants

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

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SUMMARY: This RFP announces an availability of funds and the timeframe 
to submit proposals for Farm Labor Housing Technical Assistance (FLH-
TA) grants.
    Section 516 of the Housing Act of 1949 authorizes the Rural Housing 
Service (RHS) to provide financial assistance (grants) to eligible 
private and public nonprofit agencies to encourage the development of 
domestic and migrant farm labor housing projects. This RFP requests 
proposals from qualified private and public nonprofit agencies to 
provide technical assistance to groups who qualify for FLH loans and 
grants.
    Work performed under these grants is expected to result in an 
increased submission of applications for farm labor housing loans and 
grants under the section 514 and 516 programs and in an increase of the 
availability of decent, safe, and sanitary housing for farm laborers.

DATES: The deadline for receipt of all applications in response to this 
RFP is 5 p.m., Eastern Daylight Time, on May 3, 2004. The application 
closing deadline is firm as to date and hour. RHS will not consider any 
application that is received after the closing deadline. Applicants 
intending to mail applications must provide sufficient time to permit 
delivery on or before the closing deadline. Acceptance by a post office 
or private mailer does not constitute delivery. Facsimile (FAX), Cash 
On Delivery, and postage due applications will not be accepted.

ADDRESSES: Applications should be submitted to the USDA--Rural Housing 
Service; Attention: Douglas MacDowell; Multi-Family Housing Processing 
Division--STOP 0781, Washington, DC 20250-0781. RHS will date and time 
stamp incoming applications to evidence timely receipt and, upon 
request, will provide the applicant with a written acknowledgement of 
receipt.

FOR FURTHER INFORMATION CONTACT: Sue M. Harris-Green, Deputy Director, 
Multi-Family Housing Processing Division--Direct Loans, RHS, USDA, Room 
1241, South Building, 1400 Independence Ave. SW., Washington, DC 20250-
0781, telephone (202) 720-1604. (This is not a toll free number.)

SUPPLEMENTARY INFORMATION: The technical assistance grants authorized 
under section 516 are for the purpose of encouraging the development of 
domestic and migrant farm labor housing projects under sections 514 and 
516 of the Act. Proposals must demonstrate the capacity to provide the 
intended technical assistance.
    The RHS intends to award one grant for each of three geographic 
regions. When establishing the three regions, consideration was given 
to such factors as farmworker migration patterns and the similarity of 
agricultural products and labor needs within certain areas of the 
United States. A single applicant may submit grant proposals for more 
than one region; however, separate proposals must be submitted for each 
region.
    Eastern Region: AL, CT, DE, FL, GA, IN, KY, MA, MD, ME, NH, NJ, NY, 
NC, OH, PA, PR, RI, SC, TN, VI, VT, VA, and WV.
    Central Region: AR, IL, IA, KS, LA, MI, MN, MS, MO, NE, ND, OK, SD, 
TX, and WI.
    Western Region: AK, AZ, CA, CO, HI, ID, MT, NV, NM, OR, UT, WA, WY, 
and the Pacific Territories.

Funding

    The RHS has the authority to utilize up to ten (10) percent of its 
section 516 appropriation for FLH-TA grants. The total FY 2004 
appropriation for section 516 is $17,901,000. The total amount of the 
FY 2004 appropriation that RHS has made available for FLH-TA grants is 
$1,500,000. Of that amount, up to $562,500 will be available for each 
of the Eastern and Western Grant Regions and up to $375,000 of the 
remaining funds will be available for the Central Grant Region. If no 
proposal is received from an eligible applicant for one of the grant 
regions, RHS may, at its discretion, (1) use that grant region's funds 
in one or two of the other regions or (2) chose not to use that grant 
region's funds for FLH-TA. Work performed under these grants must be 
completed within three years of entering into the grant agreement 
provided as Appendix A to this Notice. The disbursement of grant funds 
during the grant period will be contingent upon the grantee making 
progress in meeting the minimum performance requirements as described 
in the Scope of Work section of this notice, including, but not limited 
to, the submission of loan application packages.

Eligibility

    Eligibility for grants under this Notice is limited to private and 
public nonprofit agencies. Grantees must have

[[Page 10197]]

the knowledge, ability, technical expertise, or practical experience 
necessary to develop and package loan and grant applications for FLH 
under the section 514 and 516 programs (see the Application 
Requirements section of this Notice). In addition, grantees must 
possess the ability to exercise leadership, organize work, and 
prioritize assignments to meet work demands in a timely and cost 
efficient manner. The grantee may arrange for other nonprofit agencies 
to provide services on its behalf; however, the RHS will expect the 
grantee to provide the overall management necessary to ensure the 
objectives of the grant are met. Nonprofit agencies acting on behalf of 
the grantee must also meet the eligibility requirements stated above.

Scope of Work

    Minimum Performance Requirements:
    (1) Grantees shall conduct outreach to broad-based nonprofit 
organizations, nonprofit organizations of farmworkers, federally 
recognized Indian tribes, agencies or political subdivisions of State 
or local government, public agencies (such as housing authorities) and 
other eligible organizations to further the section 514 and 516 FLH 
programs. Grantees will make at least twelve informational 
presentations to the general public annually to inform them about the 
section 514 and 516 FLH programs.
    (2) Grantees shall conduct at least twelve one-on-one meetings 
annually with groups who are interested in applying for FLH loans or 
grants and assist such groups with the loan and grant application 
process.
    (3) Grantees shall assist loan and grant applicants secure funding 
from other sources for the purpose of leveraging those funds with RHS 
funds.
    (4) Grantees shall provide technical assistance during the 
development and construction phase of FLH proposals selected for 
funding.
    (5) When submitting a grant proposal, applicants need not identify 
the geographic location of the places they intend to target for their 
outreach activities, however, applicants must commit to targeting at 
least five areas within the grant proposal's region. All targeted areas 
must be distinct market areas and not be overlapping. At least four of 
the targeted areas must be in different States. If the proposal is 
selected for funding, the applicant will be required to consult with 
each Rural Development State Director in the proposal's region for the 
purpose of developing their list of targeted areas. When determining 
which areas to target, consideration will be given to (a) The total 
number of farmworkers in the area, (b) the number of farmworkers in 
that area who lack adequate housing, (c) the percentage of the total 
number of farmworkers that are without adequate housing, and (d) areas 
which have not recently had a section 514 or 516 loan or grant funded 
for new construction. In addition, if selected for funding, the 
applicant will be required to revise their Statement of Work to 
identify the geographic location of the targeted areas and will submit 
their revised Statement of Work to the National Office for approval. 
When submitted for approval, the applicant must also submit a summary 
of their consultation with the Rural Development State Directors. At 
grant closing, the revised Statement of Work will be attached to, and 
become a part of, the grant agreement.
    (6) During the grant period, each grantee must submit a minimum 
number of loan application packages to the Agency for funding 
consideration. The minimum number shall be the greater of (a) at least 
nine loan application packages for the Eastern and Western Regions and 
at least seven for the Central Region or, (b) a total number of loan 
application packages that is equal to 70 percent of the number of areas 
the grantee's proposal committed to targeting. Fractional percentages 
shall be rounded up to the next whole number. For example, if the 
grantee's proposal committed to targeting 13 areas, then the grantee 
must submit at least ten loan application packages during the grant 
period (13 areas x 70 percent = 9.1 rounded up to 10). The disbursement 
of grant funds during the grant period will be contingent upon the 
grantee making progress in meeting this minimum performance 
requirement. More than one application package for the same market area 
will not be considered unless the grantee submits documentation of the 
need for more than one FLH facility.
    (7) Provide training to applicants of FLH loans and grants to 
assist them in their ability to manage FLH.

Application Requirements

    The application process will be in two phases; the initial 
application (or proposal) and the submission of a formal application. 
Only those proposals that are selected for funding will be invited to 
submit formal applications. All proposals must include the following:
    1. A summary page listing the following items. This information 
should be double-spaced between items and not be in narrative form.
    a. Applicant's name,
    b. Applicant's Taxpayer Identification Number,
    c. Applicant's address,
    d. Applicant's telephone number,
    e. Name of applicant's contact person, telephone number, and 
address,
    f. Amount of grant requested,
    g. The FLH-TA grant region for which the proposal is submitted 
(i.e., Eastern, Central, or Western Region), and
    h. Applicant's Dun and Bradstreet Data Universal Numbering System 
(DUNS) number. As required by the Office of Management and Budget 
(OMB), all grant applicants must provide a DUNS number when applying 
for Federal grants, on or after October 1, 2003. Organizations can 
receive a DUNS number at no cost by calling the dedicated toll-free 
DUNS Number request line at 1-866-705-5711. Additional information 
concerning this requirement is provided in a policy directive issued by 
OMB and published in the Federal Register on June 27, 2003 (Vol. 68, 
No. 124, pages 38402-38405).
    2. A narrative describing the applicant's ability to meet the 
eligibility requirements stated in this Notice. If the applicant 
intends to have other agencies working on their behalf, the narrative 
must identify those agencies and address their ability to meet the 
stated eligibility requirements.
    3. A detailed Statement of Work covering a three year period that 
contains measurable monthly and annual accomplishments. The applicant's 
Statement of Work is a critical component of the selection process. The 
Statement of Work must include an outreach component describing the 
grantee's activities to inform potentially eligible groups about the 
section 514 and 516 FLH program. The outreach component must include a 
schedule of their planned outreach activities and must be included in a 
manner so that performance can be measured. In addition, the outreach 
activities must be coordinated with the appropriate RHS State office 
and meet the minimum performance requirements as stated in the Scope of 
Work section of this Notice. The Statement of Work must state how many 
areas the applicant will target for their outreach activities. (Note: 
If selected for funding, the applicant will be required to revise their 
Statement of Work, after consultation with Rural Development State 
Directors, to identify the areas that will be targeted.) The Statement 
of Work must also include a component for training organizations on the 
application process and the long-term management of FLH. The Statement 
of Work will also describe the applicant's plans to access other 
funding for the development and

[[Page 10198]]

construction of FLH and their experience in obtaining such funding. The 
Statement of Work must describe any duties or activities that will be 
performed by other agencies on behalf of the grantee.
    4. An organizational plan that includes a staffing chart complete 
with name, job title, salary, hours, timelines, and descriptions of 
employee duties to achieve the objectives of the grant program.
    5. Organizational documents and financial statements to evidence 
the applicant's status as a properly organized private or public 
nonprofit agency and the financial ability to carry out the objectives 
of the grant program. If other agencies will be working on behalf of 
the grantee, working agreements between the grantee and those agencies 
must be submitted as part of the proposal and any associated cost must 
be included in the applicant's budget. Organizational and financial 
statements must also be submitted as part of the application for any 
agencies that will be working on behalf of the grantee to document the 
eligibility of those organizations.
    6. A detailed budget plan projecting the monthly and annual 
expenses the grantee will incur. Costs will be limited to those that 
are allowed under 7 CFR parts 3015, 3016 and 3019.
    7. To assure that funds are equitably distributed and that there is 
no duplication of efforts on related projects, all applicants are to 
submit a list of projects they are currently involved with, whether 
publicly or privately supported, that are, or may be, related to the 
objectives of this grant. In addition, the same disclosure must be 
provided for any agencies that will be working on behalf of the 
grantee.
    8. The applicant must include a narrative describing its knowledge, 
demonstrated ability, or practical experience in providing training and 
technical assistance to applicants of loans or grants for the 
development of multi-family or farmworker housing. The applicant must 
identify the type of assistance that was applied for (loan or grant, 
tax credits, leveraged funding, etc.), the number of times they have 
provided such assistance, and the success ratio of their applications. 
In addition, information must be provided concerning the number of 
housing units, their size, their design, and the amount of grant and 
loan funds that were secured. If the applicant has previously received, 
or is currently receiving, a FLH-TA grant, the applicant must provide 
documentation that they met the minimum performance requirements of 
that grant.
    9. A narrative describing the applicant's knowledge and 
demonstrated ability in estimating development and construction costs 
of multi-family or farm labor housing and for obtaining the necessary 
permits and clearances.
    10. A narrative describing the applicant's ability and experience 
in overcoming community opposition to farm labor housing and describing 
the methods and techniques that they will use to overcome any such 
opposition, should it occur.
    11. A separate one-page information sheet listing each of the 
``Application Scoring Criteria'' contained in this Notice, followed by 
the page numbers of all relevant material and documentation that is 
contained in the proposal that supports these criteria.

Application Scoring Criteria

    The initial application (or proposal) evaluation process designed 
for this RFP will consist of two phases. The first phase will evaluate 
the applicant's Statement of Work and the degree to which it sets forth 
measurable objectives that are consistent with the objectives of FLH-TA 
grant program. The second phase will evaluate the applicant's knowledge 
and ability to provide the management necessary for carrying out a FLH-
TA grant program. Proposals will only compete against other proposals 
within the same region. Selection points will be awarded as follows:

Phase I--Statement of Work

    The Statement of Work will be evaluated to determine the degree to 
which it outlines efficient and measurable monthly and annual outcomes 
as follows:
    a. The minimum performance requirements of this Notice require that 
the grantee commit to targeting at least five areas (at least four of 
which are in different States). The more areas the applicant commits to 
targeting, the more scoring points they will be awarded; however, the 
more areas that they commit to targeting, the more loan application 
packages they will be expected to submit. The minimum performance 
requirements of this grant are based, in part, on the number of areas 
the applicant has committed to targeting. The number of areas within 
the region that the applicant has committed to targeting for outreach 
activities:

(1) 5-7 targeted areas: 0 points
(2) 8 targeted areas: 5 points
(3) 9-10 targeted areas: 10 points
(4) 11-12 targeted areas: 15 points
(5) 13 or more areas: 20 points

    b. RHS wants the grantee to cover as much of the grant region as 
possible. RHS does not want the grantee's efforts to be concentrated in 
a limited number of States. For this reason, additional points will be 
awarded to grant proposals that target areas in more than four States 
(the minimum requirement is four). The grant proposal commits to 
targeting areas in the following number of States:

(1) 4 States: 0 points
(2) 5 States: 5 points
(3) 6 States: 10 points
(4) 7 States: 15 points
(5) More than 7 States: 20 points

(Reminder: Applications only compete within their grant region.)

Phase II--Project Management

    a. The number of successful multi-family or FLH loan or grant 
applications the applicant entity has assisted in developing and 
packaging:

(1) 0-5 applications: 0 points
(2) 6-10 applications: 10 points
(3) 11-15 applications: 20 points
(4) 16 or more applications: 30 points

    b. The number of groups seeking loans or grants for the development 
of multi-family or FLH projects that the applicant entity has provided 
training and technical assistance.

(1) 0-5 groups: 0 points
(2) 6-10 groups: 5 points
(3) 11-15 groups: 10 points
(4) 16 or more groups: 15 points

    c. The number of multi-family or FLH projects for which the 
applicant entity has assisted in estimating development and 
construction costs and obtaining the necessary permits and clearances:

(1) 0-5 projects: 0 points
(2) 6-10 projects: 5 points
(3) 11-15 projects: 10 points
(4) 16 or more projects:15 points

    d. The number of times the applicant entity has encountered 
community opposition and was able to overcome that opposition so that 
farm labor housing was successfully developed:

(1) 0-2 times: 0 points
(2) 2-5 times: 5 points
(3) 6-10 times: 10 points
(4) 11 or more times: 15 points

    e. The number of times the applicant entity has been able to 
leverage funding from two or more sources for the development of a 
multi-family or FLH project:

(1) 0-5 times: 0 points
(2) 6-10 times: 5 points
(3) 11-15 times: 10 points
(4) 16 or more times: 15 points

    f. The number of FLH projects that the applicant entity has 
assisted with on-

[[Page 10199]]

going management (i.e., rent-up, maintenance, etc.):

(1) 0-5 FLH projects: 0 points
(2) 6-10 FLH projects: 5 points
(3) 11-15 FLH projects: 10 points
(4) 16 or more FLH projects: 15 points

    g. The level of success that the applicant entity has had in 
providing assistance to farmworkers (i.e., health, education, housing, 
etc.).
    Evidence that the applicant has had extensive success in providing 
assistance to farmworkers: 20 points.
    Evidence that the applicant has had moderate success in providing 
assistance to farmworkers: 10 points.
    Evidence that the applicant has had limited success in providing 
assistance to farmworkers: 5 points.
    Tie Breakers--In the event two or more proposals are scored with an 
equal amount of points, selections will be made in the following order:
    1. If an applicant has already had a proposal selected, their 
proposal will not be selected.
    2. If there are equally scoring proposals, the lowest cost proposal 
will be selected.
    3. Any remaining proposals that are scored equally will be selected 
by lottery drawing.

Paperwork Reduction Act

    The reporting requirements contained in this notice have been 
approved by the Office of Management and Budget (OMB) under Control 
Number 0575-0181.

    Dated: February 26, 2004.
Arthur A. Garcia,
Administrator, Rural Housing Service.

Appendix A--Farm Labor Housing Technical Assistance Grant Agreement

    Form Approved
    OMB No. 0575-0181

Farm Labor Housing Technical Assistance Grant Agreement

This agreement dated -------- is between ----------------, the 
grantee, organized and operated under --------
(authorizing State statute), and


the United States of America acting through the Rural Housing 
Service (RHS). RHS agrees to grant a sum not to exceed $--------, 
subject to the terms and conditions of this agreement; provided, 
however, that the grant funds actually advanced and not needed for 
grant purposes shall be returned immediately to RHS. The Farm Labor 
Housing Technical Assistance (FLH-TA) grant statement of work 
approved by RHS, is attached, and shall commence within 10 days of 
the date of execution of this agreement by RHS and be completed by 
--------(date).

    RHS may terminate the grant in whole, or in part, at any time 
before the date of completion, whenever it is determined that the 
grantee has failed to comply with the conditions of this grant 
agreement or RHS regulations related hereto. The grantee may appeal 
adverse decisions in accordance with RHS's appeal procedures 
contained in 7 CFR part 11.
    In consideration of said grant by RHS to the grantee, to be made 
pursuant to section 516 of title V of the Housing Act of 1949, the 
grantee will provide such a program in accordance with the terms of 
this grant agreement and applicable regulations.

Part A--Definitions

    1. ``Beginning date'' means the date this agreement is executed 
by both parties and costs can be incurred.
    2. ``Ending date'' means the date this agreement is scheduled to 
be completed. It is also the latest date grant funds will be 
provided under this agreement, without an approved extension.
    3. ``Disallowed costs'' are those charges to a grant which RHS 
determines cannot be authorized in accordance with applicable 
Federal cost principles contained in 7 CFR parts 3015, 3016 and 
3019, as appropriate.
    4. ``FLH-TA'' means Farm Labor Housing Technical Assistance, the 
purpose for which grant funds are awarded under this agreement.
    5. ``Grant closeout'' is the process by which the grant 
operation is concluded at the expiration of the grant period or 
following a decision to terminate the grant.
    6. ``RHS'' means the Rural Housing Service, an agency of the 
United States Department of Agriculture.
    7. ``Termination'' of the grant means the cancellation of 
Federal assistance, in whole or in part, at any time before the date 
of completion.

Part B--Terms of Agreement

    RHS and the grantee agree that:
    1. All grant activities shall be limited to those authorized by 
this grant agreement and section 516 of title V of the Housing Act 
of 1949.
    2. This agreement shall be effective when executed by both 
parties.
    3. The FLH-TA grant activities approved by RHS shall commence 
and be completed by the date indicated above, unless terminated 
under part B, paragraph 18. of this grant agreement, or extended by 
execution of the attached ``Amendment'' by both parties.
    4. The grantee shall carry out the FLH-TA grant activities and 
processes as described in the approved statement of work which is 
attached to, and made a part of, this grant agreement. Grantee will 
be bound by the activities and processes contained in the statement 
of work and the further conditions contained in this grant 
agreement. If the statement of work is inconsistent with this grant 
agreement, then the latter will govern. A change of any activities 
and processes must be in writing and must be signed by the approval 
official.
    5. The grantee shall use grant funds only for the purposes and 
activities approved by RHS in the FLH-TA grant budget. Any uses not 
provided for in the approved budget must be approved in writing by 
RHS in advance.
    6. If the grantee is a private nonprofit corporation, expenses 
charged for travel or per diem will not exceed the rates paid to 
Federal employees or (if lower) an amount authorized by the grantee 
for similar purposes. If the grantee is a public body, the rates 
will be those that are allowable under the customary practice in the 
government of which the grantee is a part; if none are customary, 
the RHS Federal employee rates will be the maximum allowed.
    7. Grant funds will not be used:
    (a) To pay obligations incurred before the beginning date or 
after the ending date of this agreement;
    (b) For any entertainment purposes;
    (c) To pay for any capital assets, the purchase of real estate 
or vehicles, the improvement or renovation of the grantee's office 
space, or for the repair or maintenance of privately owned vehicles;
    (d) For any other purpose prohibited in 7 CFR parts 3015, 3016 
and 3019, as applicable;
    (e) For administrative expenses exceeding 20 percent of the FLH-
TA grant funds; or
    (f) For purposes other than to encourage the development of farm 
labor housing.
    8. The grant funds shall not be used to substitute for any 
financial support previously provided and currently available or 
assured from any other source.
    9. The disbursal of grants will be governed as follows:
    (a) In accordance with 31 CFR part 205, grant funds will be 
provided by RHS as cash advances on an as needed basis not to exceed 
one advance every 30 days. The advance will be made by direct 
Treasury check to the grantee. In addition, the grantee must submit 
Standard Form (SF) 272, ``Federal Cash Transactions Report,'' each 
time an advance of funds is made. This report shall be used by RHS 
to monitor cash advances made to the grantee. The financial 
management system of the recipient organization shall provide for 
effective control over and accountability for all Federal funds as 
required by 7 CFR parts 3015, 3016, and 3019, as applicable.
    (b) Cash advances to the grantee shall be limited to the minimum 
amounts needed and shall be timed to be in accord only with the 
actual, immediate cash requirements of the grantee in carrying out 
the purpose of the planned project. The timing and amount of cash 
advances shall be as close as administratively feasible to the 
actual disbursements by the grantee for direct program costs (as 
identified in the grantee's statement of work and budget and fund 
use plan) and proportionate share of any allowable indirect costs.
    (c) Grant funds should be promptly refunded to the RHS and 
redrawn when needed if the funds are erroneously drawn in excess of 
immediate disbursement needs. The only exceptions to the requirement 
for prompt refunding are when the funds involved:
    (i) Will be disbursed by the recipient organization within 7 
calendar days from the date of the Treasury check; or
    (ii) Are less than $10,000 and will be disbursed within 30 
calendar days from the date of the Treasury check.
    (d) Grantee shall provide satisfactory evidence to RHS that all 
officers of the

[[Page 10200]]

grantee's organization authorized to receive or disburse Federal 
funds are covered by fidelity bonds in an amount of at least the 
grant amount to protect RHS's interests.
    10. The grantee will submit performance, financial, and annual 
reports as required by 7 CFR parts 3015, 3016, and 3019, as 
applicable, to the appropriate RHS office. These reports must be 
reconciled to the grantee's accounting records.
    (a) As needed, but not more frequently than once every 30 
calendar days, submit an original and two copies of SF-270, 
``Request for Advance or Reimbursement.'' In addition, the grantee 
must submit a SF-272, each time an advance of funds is made. This 
report shall be used by RHS to monitor cash advances made to the 
grantee.
    (b) Quarterly reports will be submitted within 15 days after the 
end of each calendar quarter. Quarterly reports shall consist of an 
original and one copy of SF-269, ``Financial Status Report,'' and a 
quarterly performance report summarizing the grantee's activities 
and accomplishments for the prior quarter. Item 10.g. (total program 
outlays) of SF-269, will be less any rebates, refunds, or other 
discounts. The quarterly performance report will provide a summary 
of the grantee's activities for the prior quarter and their progress 
in accomplishing the tasks described in the grantee's statement of 
work. The quarterly report will also inform RHS of any problems or 
difficulties the grantee is experiencing (i.e., locating sites, 
finding feasible markets, gaining public support, etc.). The reports 
will be reviewed by RHS for the purpose of evaluating whether the 
grantee is accomplishing the objectives of the grant and whether RHS 
can assist the grantee in any manner. Quarterly reports shall be 
submitted to a designated official at the RHS National office, with 
a copy of the report to each State Director within the FLH-TA grant 
region where the grantee is operating.
    (c) Within 90 days after the termination or expiration of the 
grant agreement, an original and two copies of SF-269 and a final 
performance report must be submitted to the Agency. The final 
performance report will include a summary of the project's 
accomplishments and provide information concerning the degree to 
which the grantee met each of the grantee's minimum performance 
requirements, problems that were encountered, and planned future 
activities of the grantee under FLH-TA grants. Final reports may 
serve as the last quarterly report.
    (d) The RHS may change the format or process of the monthly and 
quarterly activities and accomplishment reports during the 
performance of the agreement.
    11. In accordance with Office of Management and Budget (OMB) 
Circular A-87, Cost Principles for State, local, and Indian tribal 
governments (available in any RHS office), compensation for 
employees will be considered reasonable to the extent that such 
compensation is consistent with that paid for similar work in other 
activities of the State or local government.
    12. If the grant exceeds $100,000, cumulative transfers among 
direct cost budget categories totaling more than 5 percent of the 
total budget must have prior written approval of RHS.
    13. The results of the program assisted by grant funds may be 
published by the grantee without prior review by RHS, provided that 
such publications acknowledge the support provided by funds pursuant 
to the provisions of title V of the Housing Act of 1949, as amended, 
and that five copies of each such publication are furnished to RHS.
    14. The grantee certifies that no person or organization has 
been employed or retained to solicit or secure this grant for a 
commission, percentage, brokerage, or contingency fee.
    15. No person in the United States shall, on the grounds of 
race, religion, color, sex, familial status, age, national origin, 
or disability, be excluded from participation in, be denied the 
proceeds of, or be subject to discrimination in connection with the 
use of grant funds. Grantee will comply with the nondiscrimination 
regulations of RHS contained in 7 CFR part 1901, subpart E.
    16. In all hiring or employment made possible by or resulting 
from this grant:
    (a) The grantee will not discriminate against any employee or 
applicant for employment because of race, religion, color, sex, 
familial status, age, national origin, or disability,
    (b) The grantee will ensure that employees are treated without 
regard to their race, religion, color, sex, familial status, age, 
national origin, or disability. This requirement shall apply to, but 
not be limited to, the following: employment, upgrading, demotion, 
or transfer; recruitment or recruitment advertising, layoff or 
termination, rates of pay or other forms of compensation; and 
selection for training, including apprenticeship, and
    (c) In the event grantee signs a contract related to this grant 
which would be covered by any Executive Order, law, or regulation 
prohibiting discrimination, grantee shall include in the contract 
the ``Equal Employment Clause'' as specified by Form RD 400-1, 
``Equal Opportunity Agreement.''
    17. The grantee accepts responsibility for accomplishing the 
FLH-TA grant program as submitted and included in its preapplication 
and application, including its statement of work. The grantee shall 
also:
    (a) Endeavor to coordinate and provide liaison with State and 
local housing organizations, where they exist.
    (b) Provide continuing information to RHS on the status of 
grantee's FLH-TA grant programs, projects, related activities, and 
problems.
    (c) Inform RHS as soon as the following types of conditions 
become known:
    (i) Problems, delays, or adverse conditions which materially 
affect the ability to attain program objectives, prevent the meeting 
of time schedules or goals, or preclude the attainment of project 
work units by established time periods. This disclosure shall be 
accompanied by a statement of the action taken or contemplated, new 
time schedules required and any RHS assistance needed to resolve the 
situation.
    (ii) Favorable developments or events which enable meeting time 
schedules and goals sooner than anticipated or producing more work 
units than originally projected.
    18. The grant closeout and termination procedures will be as 
follows:
    (a) Promptly after the date of completion or a decision to 
terminate a grant, grant closeout actions are to be taken to allow 
the orderly discontinuation of grantee activity.
    (i) The grantee shall immediately refund to RHS any uncommitted 
balance of grant funds.
    (ii) The grantee will furnish to RHS within 90 calendar days 
after the date of completion of the grant, SF-269 and all financial, 
performance, and other reports required as a condition of the grant, 
including a final audit report, as required by 7 CFR parts 3015, 
3016, and 3019, as applicable. In accordance with 7 CFR part 3015 
and OMB Circular A-133, audits must be conducted in accordance with 
generally accepted government auditing standards.
    (iii) The grantee shall account for any property acquired with 
FLH-TA grant funds or otherwise received from RHS.
    (iv) After the grant closeout, RHS will recover any disallowed 
costs which may be discovered as a result of an audit.
    (b) When there is reasonable evidence that the grantee has 
failed to comply with the terms of this grant agreement, the 
Administrator (or his or her designee) can, on reasonable notice, 
suspend the grant pending corrective action or terminate the grant 
in accordance with part B, Paragraph 18.(c) of this grant agreement. 
In such instances, RHS may reimburse the grantee for eligible costs 
incurred prior to the effective date of the suspension or 
termination and may allow all necessary and proper costs which the 
grantee could not reasonably avoid. RHS will withhold further 
advances and grantees are prohibited from further use of grant 
funds, pending corrective action.
    (c) Grant termination will be based on the following:
    (i) Termination for cause. This grant may be terminated in 
whole, or in part, at any time before the date of completion, 
whenever RHS determines that the grantee has failed to comply with 
the terms of this agreement. The reasons for termination may 
include, but are not limited to, such problems as:
    (A) Failure to make reasonable and satisfactory progress in 
attaining grant objectives.
    (B) Failure of grantee to use grant funds only for authorized 
purposes.
    (C) Failure of grantee to submit adequate and timely reports of 
its operation.
    (D) Violation of any of the provisions of any laws administered 
by RHS or any regulation issued thereunder.
    (E) Violation of any nondiscrimination or equal opportunity 
requirement administered by RHS in connection with any RHS programs.
    (F) Failure to maintain an accounting system acceptable to RHS.
    (ii) Termination for convenience. RHS or the grantee may 
terminate the grant in whole, or in part, when both parties agree 
that the continuation of the project would not produce beneficial 
results commensurate with the further expenditure of funds. The two 
parties shall agree upon the termination conditions, including the 
effective date and, in case of partial termination, the portion to 
be terminated.
    (d) RHS shall notify the grantee in writing of the determination 
and the reasons for and

[[Page 10201]]

the effective date of the suspension or termination. Except for 
termination for convenience, grantees have the opportunity to appeal 
a suspension or termination in accordance with 7 CFR part 11.
    19. Upon any default under its representations or agreements 
contained in this instrument, the grantee, at the option and demand 
of RHS, will repay to RHS forthwith the grant funds received with 
interest at the rate of 5 percent per annum from the date of the 
default. The provisions of this grant agreement may be enforced by 
RHS, at its options and without regard to prior waivers by it or 
previous defaults of the grantee, by judicial proceedings to require 
specific performance of the terms of this grant agreement or by such 
other proceedings in law or equity, in either Federal or state 
courts, as may be deemed necessary by RHS to assure compliance with 
the provisions of this grant agreement and the laws and regulations 
under which this grant is made.
    20. Extension of this grant agreement, modifications of the 
statement of work, or changes in the grantee's budget may be 
approved by RHS provided, in RHS's opinion, the extension or 
modification is justified and there is a likelihood that the grantee 
can accomplish the goals set out and approved in the statement of 
work during the period of the extension and/or modifications.
    21. The provisions of 7 CFR parts 3015, 3016, and 3019, as 
applicable, are incorporated herein and made a part hereof by 
reference.

Part C--Grantee Agrees

    1. To comply with property management standards for expendable 
and nonexpendable personal property established by 7 CFR parts 3015, 
3016, and 3019.
    2. To provide a financial management system which will include:
    (a) Accurate, current, and complete disclosure of the financial 
results of each grant. Financial reporting will be on a cash basis. 
The financial management system shall include a tracking system to 
insure that all program income, including loan repayments, are used 
properly. The standards for financial management systems are 
contained in OMB Circular A-110 and 7 CFR part 3015.
    (b) Records which identify adequately the source and application 
of funds for grant supported activities. Those records shall contain 
information pertaining to grant awards and authorizations, 
obligations, unobligated balances, assets, liabilities, outlays, and 
income.
    (c) Effecting control over and accountability for all funds, 
property, and other assets. Grantee shall adequately safeguard all 
such assets and shall assure that they are solely for authorized 
purposes.
    (d) Accounting records supported by source documentation.
    3. To retain financial records, supporting documents, 
statistical records, and all other records pertinent to the grant 
for a period of at least 3 years after the submission of the final 
performance report, in accordance with part B, paragraph 10. (c) of 
this grant agreement, except in the following situations:
    (a) If any litigation, claim, audit, or investigation is 
commenced before the expiration of the 3-year period, the records 
shall be retained until all litigation, claims, audits, or 
investigative findings involving the records have been resolved.
    (b) Records for nonexpendable property acquired by RHS, the 3-
year retention requirement is not applicable.
    (c) When records are transferred to or maintained by RHS, the 3-
year retention requirement is not applicable.
    (d) Microfilm copies may be substituted in lieu of original 
records. RHS and the Comptroller General of the United States, or 
any of their duly authorized representatives, shall have access to 
any books, documents, papers, and records of the grantee which are 
pertinent to the specific grant program for the purpose of making 
audits, examinations, excerpts, and transcripts.
    4. To provide information as requested by RHS concerning the 
grantee's actions in soliciting citizen participation in the 
applications process, including published notices of public 
meetings, actual public meetings held, and content of written 
comments received.
    5. Not to encumber, transfer, or dispose of the property or any 
part thereof, furnished by RHS or acquired wholly or in part with 
FLH-TA grant funds without the written consent of RHS.
    6. To provide RHS with such periodic reports of grantee 
operations as may be required by authorized representatives of RHS.
    7. To execute Form RD 400-1 and Form RD 400-4, ``Assurance 
Agreement,'' and to execute any other agreements required by RHS to 
implement the civil rights requirements.
    8. To include in all contracts in excess of $100,000, a 
provision for compliance with all applicable standards, orders, or 
regulations issued pursuant to the Clean Air Act, 42 U.S.C. 1857(h). 
Violations shall be reported to RHS and the Regional Office of the 
Environmental Protection Agency.
    9. That no member of Congress shall be admitted to any share or 
part of this grant or any benefit that may arise therefrom, but this 
provision shall not be construed to bar as a contractor under the 
grant a public-held corporation whose ownership might include a 
member of Congress.
    10. That all nonconfidential information resulting from its 
activities shall be made available to the general public on an equal 
basis.
    11. That the grantee shall relinquish any and all copyrights and 
privileges to the materials developed under this grant, such 
material being the sole property of the Federal Government. In the 
event anything developed under this grant is published in whole or 
in part, the material shall contain a notice and be identified by 
language to the following effect: ``The material is the result of 
tax-supported research and as such is not copyrightable. It may be 
freely reprinted with the customary crediting of the source.''
    12. That the grantee shall abide by the policies contained in 7 
CFR parts 3015, 3016, or 3019, as applicable, which provide 
standards for use by grantees in establishing procedures for the 
procurement of supplies, equipment, and other services with Federal 
grant funds.
    13. That it is understood and agreed that any assistance granted 
under this grant agreement will be administered subject to the 
limitations of section 516 of title V of the Housing Act of 1949 and 
that all rights granted to RHS herein or elsewhere may be exercised 
by it in its sole discretion to carry out the purposes of the 
assistance, and protect RHS's financial interest.
    14. That the grantee will adopt a standard of conduct that 
provides that, if an employee, officer, or agency of the grantee, or 
such person's immediate family members conducts business with the 
grantee, the grantee must not:
    (a) Participate in the selection, award, or administration of a 
contract to such persons for which Federal funds are used;
    (b) Knowingly permit the award or administration of the contract 
to be delivered to such persons or other immediate family members or 
to any entity (i.e., partnerships, corporations, etc.) in which such 
persons or their immediate family members have an ownership 
interest; or
    (c) Permit such person to solicit or accept gratuities, favors, 
or anything of monetary value from landlords or developers of rental 
or ownership housing projects or any other person receiving FLH-TA 
grant assistance.
    15. That the grantee will be in compliance with and provide the 
necessary forms concerning the Debarment and Suspension and the 
Drug-Free Workplace requirements.

Part D--RHS Agrees

    1. That it will assist the grantee, within available 
appropriations, with such technical and management assistance as 
needed in coordinating the statement of work with local officials, 
comprehensive plans, and any State or area plans for improving 
housing for farmworkers.
    2. That at its sole discretion, RHS may at any time give any 
consent, deferment, subordination, release, satisfaction, or 
termination of any or all of the grantee's grant obligations, with 
or without valuable consideration, upon such terms and conditions as 
the grantor may determine to be:
    (a) Advisable to further the purposes of the grant or to protect 
RHS's financial interests therein; and
    (b) Consistent with the statutory purposes of the grant and the 
limitations of the statutory authority under which it is made and 
RHS's regulations.

Part E--Attachments

The grantee's statement of work is attached to and made a part of 
this grant agreement.

This grant agreement is subject to current RHS regulations and any 
future regulations not inconsistent with the express terms hereof. 
Grantee has caused this grant agreement to be executed by its duly 
authorized -------- properly attested to and its corporate seal 
affixed by its duly authorized ----------------.

Attest:

Grantee:

 By:-------------------------------------------------------------------

-----------------------------------------------------------------------
 (Title)


[[Page 10202]]


Date of Execution of Grant Agreement by Grantee:

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United States of America
Rural Housing Service

By:

-----------------------------------------------------------------------

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Date of Execution of Grant Agreement by RHS:

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Form Approved
OMB No. 0575-0181

Amendment To Farm Labor Housing Technical Assistance Grant Agreement

This amendment between ------------, herein called the ``Grantee,'' 
and the United States of America acting through the Rural Housing 
Service, Department of Agriculture, herein called ``RHS,'' hereby 
amends the Farm Labor Housing Technical Assistance Grant Agreement 
originally executed by said parties on --------.
    Said grant agreement is amended by extending the ending date of 
the grant agreement to --------, or by making the following changes 
noted in the attachments hereto (list and identify proposals) and 
any other documents pertinent to the grant agreement which are 
attached to this amendment.
    The grantee has caused this ``Amendment To Farm Labor Housing 
Technical Assistance Grant Agreement'' to be executed by its duly 
authorized -------- properly attested to and its corporate seal 
affixed by its duly authorized --------.

Attest: Grantee:

 By:-------------------------------------------------------------------

-----------------------------------------------------------------------
 (Title)

Date of Execution of Amendment to Grant Agreement by Grantee:

-----------------------------------------------------------------------

United States of America
Rural Housing Service:

 By:-------------------------------------------------------------------

-----------------------------------------------------------------------
 (Title)

Date of Execution of Amendment to Grant Agreement by RHS:

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[FR Doc. 04-4827 Filed 3-3-04; 8:45 am]
BILLING CODE 3410-XV-P